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S09375 Summary:

BILL NOS09375
 
SAME ASSAME AS A06529
 
SPONSORRAMOS
 
COSPNSR
 
MLTSPNSR
 
Add Art 40-A §§930 - 943, Gen Bus L
 
Relates to fire suppression systems and licensing professionals to perform authorized work on fire suppression systems.
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S09375 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9375
 
                    IN SENATE
 
                                      March 6, 2026
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        AN  ACT  to  amend  the  general  business  law,  in  relation  to  fire
          suppression  systems and licensing professionals to perform authorized
          work on fire suppression systems
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. (a) The legislature hereby finds that:
     2    (1)  The  manner  in  which  fire suppression or sprinkler systems are
     3  constructed, installed, maintained  and  inspected  have  a  direct  and
     4  substantial impact on public safety.
     5    (2)  Improper construction, installation, maintenance or inspection of
     6  fire suppression systems by persons lacking adequate education, training
     7  and experience can lead to serious injuries, death and substantial prop-
     8  erty damage.
     9    (3) Promulgating a code establishing minimum  qualification  standards
    10  for  work performed on fire suppressions systems, including criteria for
    11  the education, training, testing and  licensing  of  persons  performing
    12  such work will promote public safety.
    13    (b) It is the intent of the legislature and this act:
    14    (1)  To  ensure  that work on fire suppression systems is performed by
    15  persons who have sufficient education, training and experience  in  such
    16  work.
    17    (2)  To  ensure  that  adequate qualification standards are maintained
    18  through adherence of proper education, training, testing  and  licensing
    19  requirements for those engaged in the sprinkler fitting trades.
    20    (3)  To establish a state board of examiners for the sprinkler fitting
    21  industry to ensure  proper  qualification  and  examination  of  persons
    22  performing  work on fire suppression systems and to ensure proper adher-
    23  ence to and enforcement of the requirements of this act  and  applicable
    24  regulations issued pursuant to this act.
    25    §  2. The general business law is amended by adding a new article 40-A
    26  to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09281-01-5

        S. 9375                             2
 
     1                                ARTICLE 40-A
     2                          FIRE SUPPRESSION SYSTEMS
     3  Section 930. Definitions.
     4          931. Authorized work on fire suppression systems.
     5          932. State  board  of examiners for the sprinkler fitting indus-
     6                 try.
     7          933. Powers and duties of the state board of examiners  for  the
     8                 sprinkler fitting industry.
     9          934. Sprinkler fitter license.
    10          935. Sprinkler fitter apprentice and helper permits.
    11          936. Fire suppression system inspector.
    12          937. Reciprocity.
    13          938. Transitional grace period.
    14          939. Registry of sprinkler fitter licenses and permits.
    15          940. Violations.
    16          941. Penalties.
    17          942. Enforcement.
    18          943. Severability.
    19    §  930.  Definitions.  As  used  in  this  article, unless the context
    20  requires otherwise:
    21    (a) "Fire suppression system" means  an  automatic  or  manual  system
    22  designed  to protect occupants and/or buildings or structures from fire.
    23  Such systems include, but are not limited  to,  water  sprinkler,  water
    24  spray, foam-water, foam-water spray, carbon dioxide, foam extinguishing,
    25  wet  chemical,  halogenated  and  other  chemical  systems used for fire
    26  protection. Such systems also include the supply mains,  yard  hydrants,
    27  standpipes,  tank  heaters,  hose  connections to sprinkler systems, air
    28  lines and thermal systems used in connection with sprinklers  and  pumps
    29  dedicated for fire suppression.
    30    (b)  "Fire suppression system inspector" means a person licensed under
    31  this article to perform inspections on fire suppression systems.
    32    (c) "Fire suppression system inspector license" means a license issued
    33  to a fire suppression system inspector pursuant to this article  author-
    34  izing the person to perform inspections on fire suppression systems.
    35    (d)  "Public  employer"  shall mean (i) the state of New York, (ii)  a
    36  county,  city,  town,  village  or  any   other   political  subdivision
    37  or  civil division of the state, (iii) a school district or any  govern-
    38  mental entity  operating  a  public   school,   college   or university,
    39  (iv) a public improvement or special district, (v) a  public  authority,
    40  commission  or  public  benefit corporation, or (vi)   any  other public
    41  corporation, agency, instrumentality or unit of government  which  exer-
    42  cises governmental power under the laws of the state.
    43    (e)  "Sprinkler  fitter"  means  a person, other than an apprentice or
    44  helper regulated under  this  article,  who  performs  work  on  a  fire
    45  suppression system as defined by this section.
    46    (f)  "Sprinkler fitter apprentice" means a person who is enrolled in a
    47  sprinkler fitter apprenticeship program and is learning and  working  on
    48  fire  suppression systems under the supervision of another person certi-
    49  fied in accordance with the provisions of this article.
    50    (g) "Sprinkler fitter apprentice permit" means a permit issued  to  an
    51  apprentice  sprinkler  fitter  pursuant  to this article authorizing the
    52  person to perform work on fire suppression systems.
    53    (h) "Sprinkler fitter apprenticeship program" means an  apprenticeship
    54  training  program  that  is  approved  by  the U.S. department of labor,
    55  bureau of apprenticeship and training or a state  apprenticeship  agency
    56  and  consists of a minimum of eight thousand hours of documented practi-

        S. 9375                             3

     1  cal experience in work on fire  suppression  systems,  combined  with  a
     2  minimum  of seven hundred twenty hours of related instruction, including
     3  classroom or shop instruction, in the sprinkler fitter trade.
     4    (i)  "Sprinkler  fitter  helper"  means  a  person  who  works on fire
     5  suppression systems under the direct supervision of a licensed sprinkler
     6  fitter.
     7    (j) "Sprinkler fitter helper permit" means a permit issued to a sprin-
     8  kler fitter helper pursuant to this article authorizing  the  person  to
     9  perform work on fire suppression systems under the direct supervision of
    10  a licensed sprinkler fitter.
    11    (k)  "Sprinkler  fitter license" means a license issued to a sprinkler
    12  fitter pursuant to this article authorizing the person to  perform  work
    13  on fire suppression systems.
    14    (l)  "State  board of examiners for the sprinkler fitting industry" or
    15  "board" means the board of examiners created pursuant to this article.
    16    (m) "Work on  a  fire  suppression  system"  means  the  construction,
    17  installation,  alteration, renovation, removal, repair, servicing, main-
    18  tenance or testing of  fire  suppression  systems,  unless  specifically
    19  excluded by the provisions of this article.
    20    §  931.  Authorized  work  on  fire suppression systems. (a) No person
    21  within the jurisdiction of this state  shall  perform  work  on  a  fire
    22  suppression system unless such person:
    23    (1)  Possesses a sprinkler fitter license, sprinkler fitter apprentice
    24  or helper permit or fire suppression  system  inspector  license  issued
    25  pursuant to this article;
    26    (2) Performs work on portable fire extinguishers or work on dry stand-
    27  pipes that are not connected to a fire suppression system;
    28    (3) Is employed as a state or local fire official; or
    29    (4)  Performs work on fire suppression systems of a public employer as
    30  an employee of such public employer.
    31    (b) No person shall employ a person or cause or  direct  a  person  to
    32  perform  work  on a fire suppression system unless the person performing
    33  such work possesses a sprinkler fitter license, sprinkler fitter appren-
    34  tice or helper permit  or  fire  suppression  system  inspector  license
    35  issued pursuant to this article.
    36    (c) No person, corporation, partnership or other business entity shall
    37  perform  or  contract to perform work on fire suppression systems except
    38  through persons who possess a sprinkler fitter license, sprinkler fitter
    39  apprentice or helper permit or fire suppression system inspector license
    40  issued pursuant to this article.
    41    (d) The requirements of this article do not  apply  to  work  on  fire
    42  suppression  systems  in New York city, Nassau county or Suffolk county,
    43  or to work on fire suppression systems of a public employer performed by
    44  employees of such public employer.
    45    (e) Nothing in this article shall prevent any political subdivision of
    46  the state from enacting local legislation that establishes qualification
    47  standards for the sprinkler fitter trade that exceed the requirements of
    48  this article.
    49    § 932. State board of examiners for the  sprinkler  fitting  industry.
    50  (a)  There  is  hereby  established in the safety and health license and
    51  certification unit of the department of labor a state board of examiners
    52  for the sprinkler fitting industry.
    53    (b) Composition. The board shall consist of seven members appointed by
    54  the governor, with advice and consent of the senate, as follows:
    55    (1) one representative from the  division  of  homeland  security  and
    56  emergency services, office of fire prevention and control;

        S. 9375                             4
 
     1    (2)  one  representative  from  the  department  of state, division of
     2  building standards and codes;
     3    (3) one fire suppression contractor;
     4    (4) one licensed fire protection engineer;
     5    (5) one sprinkler fitter licensed in accordance with this article;
     6    (6)  one  representative  from  the New York state pipe trades associ-
     7  ation; and
     8    (7) one representative from the  New  York  state  apprenticeship  and
     9  training council.
    10    §  933.  Powers  and  duties  of  the state board of examiners for the
    11  sprinkler fitting industry. In addition to all other powers  and  duties
    12  conferred  or  imposed  upon  the  board,  the  board  is authorized and
    13  empowered to:
    14    (a) elect its own officers and prescribe their duties;
    15    (b) grant sprinkler fitter licenses  and  permits  to  duly  qualified
    16  applicants as provided in this article;
    17    (c)  establish  fees  that  are reasonable and necessary to defray the
    18  cost of administering this article;
    19    (d) promulgate, adopt, amend, and repeal such rules  and  regulations,
    20  not  inconsistent  with  the laws of this state, as may be necessary for
    21  the orderly conduct of its affairs and the administration of this  arti-
    22  cle;
    23    (e)  enforce  the  provisions  of this article and any codes, rules or
    24  regulations hereunder  through  inspections,  audits,  citations,  civil
    25  penalties, and any other appropriate means;
    26    (f)  subpoena  records  and documents, conduct hearings and compel the
    27  attendance of witnesses pursuant to an investigation or a hearing of the
    28  board;
    29    (g) bring a suit, in any court of competent jurisdiction, to cause the
    30  enjoinder of all persons violating this article. When seeking an injunc-
    31  tion, the board shall not be required to prove that an  adequate  remedy
    32  at  law  does not exist or that substantial or irreparable damages would
    33  result if an injunction is not granted;
    34    (h) establish and administer or contract out to  a  recognized  third-
    35  party  certifier  for  examinations  as required for licenses under this
    36  article and determine satisfactory performance for these examinations;
    37    (i) revoke or suspend a license or permit issued under  this  article,
    38  or  reprimand persons for incompetence or any violations of this article
    39  or rules or regulations of the board; and
    40    (j) establish a procedure for reinstating  licenses  or  permits  that
    41  have  been  revoked  or suspended, including the use of retesting proce-
    42  dures.
    43    § 934. Sprinkler fitter license. (a)  To  obtain  a  sprinkler  fitter
    44  license under this article, an applicant shall:
    45    (1) pay an application fee established by the board; and
    46    (2) provide evidence demonstrating that such applicant has successful-
    47  ly  completed a sprinkler fitter apprenticeship program and has passed a
    48  sprinkler fitter license examination established by the board; or
    49    (3) meet the requirements of section nine hundred thirty-seven or nine
    50  hundred thirty-eight of this article.
    51    (b) All persons holding a sprinkler fitter license under this  article
    52  shall  complete a minimum of eight hours annually of education and skill
    53  training on fire suppression systems, provided:
    54    (1) courses for such training shall be pre-approved by the  board  and
    55  evidence  of  completion  of  continuing education requirements shall be
    56  submitted to the board with the application for license renewal; and

        S. 9375                             5
 
     1    (2) the continuing education requirement  does  not  apply  until  the
     2  conclusion  of  the first full year after initial issuance of a person's
     3  sprinkler fitter license.
     4    (c) A sprinkler fitter license under this article shall be valid for a
     5  period of three years from date of issue.
     6    (d)  The  board  shall  renew  for a period of three years licenses or
     7  permits as provided by this article upon receiving a  completed  renewal
     8  application and required fee as determined by the board.
     9    (e)  Any  person  who  is  issued  a sprinkler fitter license shall be
    10  issued a photo identification card and shall maintain such card in  such
    11  person's   possession   at  all  times  when  performing  work  on  fire
    12  suppression systems.
    13    § 935. Sprinkler fitter apprentice and helper permits. (a) To obtain a
    14  sprinkler fitter apprentice permit, an applicant shall:
    15    (1) pay an application fee established by the board;
    16    (2) complete an application for an apprentice  permit  established  by
    17  the board; and
    18    (3)  present evidence in a form acceptable to the board, demonstrating
    19  that the applicant is enrolled  in  a  sprinkler  fitter  apprenticeship
    20  program.
    21    (b)  The  sprinkler  fitter  apprentice  permit shall state that it is
    22  valid only if the person to whom it is  issued  remains  enrolled  in  a
    23  sprinkler fitter apprenticeship program.  This permit shall be valid for
    24  a  period  of  three  years from the date of issuance and may be renewed
    25  once upon submission of a renewal application and a renewal  fee  deter-
    26  mined by the board.
    27    (c) To obtain a sprinkler fitter helper permit, an applicant shall:
    28    (1) pay an application fee established by the board;
    29    (2) complete an application for a helper permit by the board; and
    30    (3)  present  evidence in a form acceptable to the board demonstrating
    31  that such applicant is employed as a sprinkler fitter helper that  shall
    32  include  specific  acknowledgement  from  such applicant and such appli-
    33  cant's employer that the applicant is only authorized to work under  the
    34  direct supervision of a licensed sprinkler fitter.
    35    (d)  A  sprinkler  fitter  helper  permit  shall state that the person
    36  possessing it shall only perform work on fire suppression systems  under
    37  the  direct  supervision  of a licensed sprinkler fitter on a one-on-one
    38  basis. This permit shall be valid for a period of eighteen  months  from
    39  the date of issuance and shall not be eligible for renewal.
    40    (e)  Any  person who is issued a sprinkler fitter apprentice or helper
    41  permit shall be issued a photo identification card  and  shall  maintain
    42  such  card in such person's possession at all times when performing work
    43  on fire suppression systems.
    44    § 936. Fire  suppression  system  inspector.  (a)  To  obtain  a  fire
    45  suppression system inspector license, an applicant shall:
    46    (1) pay an application fee established by the board;
    47    (2)  complete  an  application for a fire suppression system inspector
    48  license established by the  board  that  provides  evidence  in  a  form
    49  acceptable to the board of one of the following:
    50    (A)  at  least  two  thousand hours of experience in the inspection of
    51  fire suppression systems;
    52    (B) completion of a sprinkler fitter apprenticeship program; or
    53    (C) possession of a level one certificate from the national  institute
    54  for  certification for engineering technologies for inspection and test-
    55  ing for water based fire protection systems; and

        S. 9375                             6

     1    (3) complete an examination  established  by  the  board  for  a  fire
     2  suppression system inspector.
     3    (b)  The  board  shall  renew  for  a  period  of  three  years a fire
     4  suppression system inspector license upon receiving a completed  renewal
     5  application and required fee as determined by the board.
     6    (c)  Any  person  who  is  issued  a fire suppression system inspector
     7  license shall be issued a photo identification card and  shall  maintain
     8  such  card  in  such  person's  possession  at all times when performing
     9  inspections on fire suppression systems.
    10    § 937. Reciprocity.  (a) The board may issue a  reciprocity  sprinkler
    11  fitter  license  or  fire  suppression system inspector license, without
    12  examination to any currently practicing, competent sprinkler  fitter  or
    13  fire  suppression  system  inspector  who  holds a similar authorization
    14  granted by any other state according to the laws of such state which has
    15  qualification requirements substantially similar to,  or  greater  than,
    16  those  established  under  this  article;  provided that the other state
    17  grants authorization to any competent person  holding  a  license  under
    18  this article.
    19    (b) The board may issue a sprinkler fitter license or fire suppression
    20  system inspector license pursuant to this section to any person who:
    21    (1)  Completes  an  application  for  sprinkler fitter license or fire
    22  suppression system inspector license by reciprocity established  by  the
    23  board;
    24    (2)  Presents  competent  evidence  in  a form acceptable to the board
    25  demonstrating that the applicant is a  currently  practicing,  competent
    26  person  who  holds  a  similar  authorization granted by any other state
    27  according to the laws of such state which has qualification requirements
    28  substantially similar to, or greater than, those established under  this
    29  article; and
    30    (3) Pays the appropriate fees established by the board.
    31    § 938. Transitional grace period.  (a) There shall be a one-year peri-
    32  od  from  the effective date of this article that shall serve as a grace
    33  period for all persons applying for sprinkler fitter licenses  and  fire
    34  suppression inspector licenses.
    35    (b)  During  the  one-year grace period no person shall be required to
    36  possess a sprinkler fitter license, apprentice or helper permit or  fire
    37  suppression system inspector license, provided such person has submitted
    38  the necessary application for such credentials within one hundred eighty
    39  days from the effective date of this article.
    40    (c)  The board shall issue a sprinkler fitter license without examina-
    41  tion to any person who submits an application  for  a  sprinkler  fitter
    42  license  during  the  one  hundred eighty day period after the effective
    43  date of this article, provided the applicant pays the required  applica-
    44  tion fee and submits evidence demonstrating such person has:
    45    (1) completed a sprinkler fitter apprenticeship program; or
    46    (2)  performed  at  least eight thousand hours of documented practical
    47  experience of work on fire suppression systems  within  the  past  eight
    48  years.
    49    (d) The board shall issue a fire suppression inspector license without
    50  examination  to  any  person  who  submits  an  application  for  a fire
    51  suppression inspector license during the one hundred eighty  day  period
    52  after  the  effective  date of this article, provided the applicant pays
    53  the required application fee and  submits  evidence  demonstrating  such
    54  applicant has:
    55    (1)  At  least  two  thousand hours of experience in the inspection of
    56  fire suppression systems;

        S. 9375                             7

     1    (2) Completion of a sprinkler fitter apprenticeship program; or
     2    (3)  Possession of a level one certificate from the national institute
     3  for certification for engineering technologies for inspection and  test-
     4  ing for water based fire protection systems.
     5    (e)  Initial  applications  for  sprinkler fitter apprentice or helper
     6  permits shall be submitted by applicants within one hundred eighty  days
     7  from  the effective date of this article in accordance with the require-
     8  ments of section nine hundred thirty-five of this article.
     9    § 939. Registry of sprinkler fitter licenses and  permits.    (a)  The
    10  board  shall  establish a fire suppression system technician registry to
    11  maintain a central registry of the names of all persons to whom  it  has
    12  issued  fire  suppression  system  inspector  licenses, sprinkler fitter
    13  licenses and sprinkler fitter permits.
    14    (b) The fire suppression system technician  registry  shall  be  main-
    15  tained on a publicly accessible website and shall be updated on a month-
    16  ly basis.
    17    §  940. Violations. It shall be unlawful and a violation of this arti-
    18  cle for any person to:
    19    (a) perform work on a fire suppression system  without  possessing  an
    20  applicable license or permit as required by this article;
    21    (b)  employ  a person or cause or direct a person to perform work on a
    22  fire suppression system unless the person performing such work holds  an
    23  applicable license or permit as required by this article;
    24    (c)  engage  in other conduct prohibited by section nine hundred thir-
    25  ty-three of this article;
    26    (d) obtain a license or permit required by this article through  fraud
    27  or intentional or reckless misrepresentation;
    28    (e)  impersonate  another person, use an expired or revoked license or
    29  permit issued pursuant to this article or allow another person to use  a
    30  license or permit not issued to such person;
    31    (f)  give  false  or  forged  evidence of any kind to the board or any
    32  member thereof in an application  for  the  issuance  or  renewal  of  a
    33  license or permit under this article; or
    34    (g)  knowingly or recklessly make a material false statement regarding
    35  a person's license, or  permit  or  status  with  intent  to  influence,
    36  persuade,  or  induce  an  individual to contract for services regulated
    37  under this article.
    38    § 941. Penalties.  (a) The board shall revoke or suspend a license  or
    39  permit issued under this article, or reprimand a license or permit hold-
    40  er  for  incompetence or any violation of this article or rules or regu-
    41  lations of the board issued pursuant to this article.
    42    (b) Any person who violates any  provision  of  this  article  or  any
    43  applicable rule, regulation, permit or other order of the board shall be
    44  subject to a civil penalty of not less than five hundred dollars and not
    45  more  than  one  thousand  dollars for each act or violation. Each day a
    46  person performs work on a fire suppression  system  without  a  required
    47  license  or  permit as required by this article shall constitute a sepa-
    48  rate violation.
    49    (c) A person who willfully violates this  article  or  any  applicable
    50  rule or regulation adopted pursuant to this article shall be guilty of a
    51  misdemeanor.
    52    (d)  In  addition  to  any other penalties provided in this section, a
    53  person, corporation or other business entity that knowingly  employs  or
    54  directs  a  person  to  perform  work  on  a  fire suppression system in
    55  violation of this article  shall  forfeit  any  business  or  contractor
    56  license, registration or certificate issued by the state for a period of

        S. 9375                             8
 
     1  not  less  than one year and not more than three years, as determined by
     2  the state attorney general.   For purposes of  this  section,  the  term
     3  "knowingly" shall mean actions that are willful or taken with deliberate
     4  ignorance or reckless disregard of the requirements of this article.
     5    §  942.  Enforcement.    (a)  The requirements of this article will be
     6  enforced by the board in conjunction  with  the  licensure  and  certif-
     7  ication unit within the department of labor.
     8    (b)  The  licensure  and  certification  unit within the department of
     9  labor shall inspect project work sites where work  on  fire  suppression
    10  systems  is  being performed to ensure that persons performing such work
    11  possess applicable licenses and permits required by this article.
    12    (c) In any circumstances where the licensure  and  certification  unit
    13  within  the department of labor determines that work on fire suppression
    14  systems is being performed in violation of this article, it shall  issue
    15  or  cause  to  be  issued a stop work order requiring that all such work
    16  cease and require that such work shall  not  be  resumed  until  a  full
    17  investigation  has  been  undertaken and verification has been made that
    18  all work on the fire suppression system in question has  been  performed
    19  by duly authorized persons.
    20    § 943. Severability. To the extent that any section or portion of this
    21  article  is  deemed  invalid by a reviewing court, the remainder of this
    22  article shall be unaffected by such ruling.
    23    § 3. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law. Effective immediately, the addition,  amend-
    25  ment and/or repeal of any rule or regulation necessary for the implemen-
    26  tation  of  this act on its effective date are authorized to be made and
    27  completed on or before such effective date.
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