1Providing for licensing of fire sprinkler contractors and
2inspectors; and imposing duties on the Department of Labor
3and Industry.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Fire
8Sprinkler Contractors Licensing Act.

9Section 2. Definitions.

10The following words and phrase when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Certificate holder." An individual or owner, partner,
14officer or employee of an organization who maintains one or more
15NICET certifications required to obtain a license under this
16act.

17"Compliance agent." An individual, employed by an entity,
18who is either a professional engineer or a licensed fire

1sprinkler contractor who maintains NICET certification in the
2discipline of Water-Based Systems Layout Level IV or an
3equivalent certification as determined by the department.

4"Contractor." A fire sprinkler contractor.

5"Department." The Department of Labor and Industry of the
6Commonwealth.

7"Fire sprinkler system." A water-based suppression system
8which requires individual calculation and layout in accordance
9with nationally recognized standards, such as those of the
10National Fire Protection Association, to protect the interior or
11exterior of a specific building, structure or special hazard
12from fire by conveying water or other agents to dispersal
13openings or devices. Such systems also include any overhead and
14underground fire mains beginning at the point of service, fire
15hydrants and hydrant mains, stand pipes and hoses connected to
16sprinkler systems, sprinkler tank heaters, air lines, thermal
17systems used in connection with fire sprinkler systems and tanks
18and pumps connected to the fire sprinkler systems. This
19definition shall include wet-pipe systems, dry-pipe systems,
20preaction systems, deluge systems, combined dry-pipe and
21preaction systems, antifreeze systems and circulating closed
22loop systems, systems utilizing foam and any other water-based
23fire suppression system approved for use in this Commonwealth.

24"Installation." The initial placement of fire sprinkler
25equipment or the extension, modification or alteration of
26equipment after the initial placement including the inspection
27and testing of equipment attendant to the placement or
28alteration of fire sprinkler equipment.

29"License." The document issued by the department to an
30individual or organization in order to engage in business as a

1fire sprinkler contractor or fire sprinkler inspector in this
2Commonwealth.

3"NICET." The National Institute for Certification in
4Engineering Technologies.

5"Organization." A corporation, partnership, sole
6proprietorship or other business entity or association, a
7governmental entity or any other commercial or legal entity.

8"Point of service." The point at which the underground
9piping for a fire sprinkler system using water as the
10extinguishing agent becomes exclusively used for the fire
11sprinkler system.

12"Secretary." The Secretary of Labor and Industry of the
13Commonwealth.

14"Service." To inspect, test or repair fire sprinkler
15equipment in order to furnish or return the fire sprinkler
16system to operational condition, including maintenance.

17"Supervision." The direction and management by an individual
18or organization that is licensed under this act to perform
19planning, design, installation or service of fire sprinkler
20systems.

21"System." A fire sprinkler system.

22Section 3. License required.

23(a) General rule.--No individual or organization may engage
24in the business of planning, design, installation or service of
25fire sprinkler equipment or systems or hold himself or herself
26out as a licensed contractor unless a license has been issued
27under this act or unless the individual is an employee who is
28working under the supervision of an individual or organization
29that has received a license under this act.

30(b) Organizations.--In order for a license to be issued to

1an organization, the organization must maintain at least one
2certificate holder who will perform work permitted under a
3license or provide supervision of employees who perform work
4permitted under a license. A certificate holder may maintain one
5or more NICET certifications and an organization may maintain
6more than one certificate holder in order to meet NICET
7certification requirements set forth by this act.

8(c) Subcontractors.--Any subcontractor who wishes to engage
9in any work covered under this act, including the planning,
10design, installation or service of fire sprinkler equipment or
11systems shall obtain a license pursuant to this act.

12(d) Exemptions.--The following individuals shall not be
13required to possess a license under this act:

14(1) State or local building officials, fire marshals,
15fire inspectors or insurance inspectors acting in their
16official capacities.

17(2) Professional engineers.

18(3) Individuals or organizations that only sell
19supplies, products or materials to a contractor.

20(4) Maintenance employees of an owner or tenant of a
21building who perform routine observation of the condition of
22the system.

23(e) Responsibility.--An individual or organization who is
24granted a license under this act shall assume full
25responsibility to ensure conformance with safety standards under
26the act of November 10, 1999 (P.L.491, No.45), known as the
27Pennsylvania Construction Code Act.

28Section 4. Application for contractor license.

29(a) Contractors.--An individual or organization wishing to
30engage in the business of planning, design, installation or

1service of systems shall submit an application to the department
2for a contractor license.

3(b) Contents of applications.--Applications shall be on a
4form prescribed by the department, which shall include the
5following:

6(1) The name, residence and business address of the
7applicant if the applicant is an individual.

8(2) If the applicant is an organization, the name,
9residence and business address of each owner, partner or
10principal officer and the name, residence and business
11address of each certificate holder.

12(3) Satisfactory evidence that the individual or the
13certificate holder meets the qualifications set forth in
14section 3.

15(4) If applicable, the approximate number of people to
16be employed by the applicant and satisfactory evidence that
17the employees are or will be covered by workers' compensation
18insurance.

19(5) Criminal record of convictions as verified by the
20Pennsylvania State Police or other relevant law enforcement
21agencies, if applicable.

22(6) Other information as may be required by the
23department.

24(c) Fees.--The department shall set fees for applications
25for licenses and renewals of licenses.

26Section 5. Qualifications.

27A contractor license shall not be granted to an applicant who

28fails to meet the qualifications set forth in this section. All

29applicants must:

30(1) For the purposes of planning and design, maintain

1NICET certification in the discipline of Water-Based

2Systems Layout Level III or its equivalent, as determined by
3the department, or a higher level NICET certification.

4(2) For the purposes of installation and service,
5maintain NICET certification in the discipline of Inspection
6and Testing of Water Based Systems, Level II or its
7equivalent, as determined by the department, or a higher
8level NICET certification.

9(3) Pay the application fee set by the department.

10(4) Submit proof that the applicant is or will be
11covered by general liability, personal injury and property
12damage insurance in the amount of $500,000.

13(5) Satisfy other requirements that may be determined
14necessary by the department.

15Section 6. Preparation of designs of systems.

16Notwithstanding any other provision of this act, technical
17drawings or designs for a system for a building or structure
18shall be prepared by either a professional engineer or a
19licensed contractor who maintains NICET certification in the
20discipline of Water-Based Systems Layout Level III or its
21equivalent, as determined by the department, or a higher level
22NICET exam.

23Section 7. Preparation of designs of systems.

24(a) Certification.--All new system installations shall be
25certified to be in compliance with technical drawings previously
26approved by an authority having jurisdiction by a compliance
27agent.

28(b) Not required.--A licensed contractor shall not be
29required to employ a compliance agent.

30Section 8. Issuance and renewal of licenses, fees.

1(a) Issuance and renewal.--Upon approval of an application
2by the department, the department shall issue a license which
3shall be renewable biennially. The fee for issuance of licenses
4and renewals shall be set by the department.

5(b) Reciprocity.--A license may be issued to individuals or
6organizations holding a valid license or certification from a
7state having standards substantially equal to those of this act,
8upon application to the department.

9(c) Reporting of multiple licensure.--Any individual
10licensed to perform services in another state shall inform the
11department upon application for licensing or renewal. Any
12disciplinary action shall be reported within 90 days of the
13final disposition or upon application for licensing or renewal,
14whichever is sooner. The department shall inform another state
15of any disciplinary action taken against a licensee in this
16Commonwealth.

17(d) Temporary license.--The department may grant a temporary
18license for up to two years in cases where an individual or
19owner or employee of an organization has obtained a certificate
20of completion of an apprenticeship for fire sprinkler programs
21that is registered with the Bureau of Apprenticeship and
22Training of the United States Department of Labor or the
23Pennsylvania State Apprenticeship and Training Council in order
24to provide an extension of time to complete the NICET
25certification required under section 5.

26(e) Organizations.--Should a certificate holder leave
27employment or otherwise become separated from a licensed
28contractor, the contractor must notify the department within 30
29days. The contractor shall have six months or until the
30expiration of the current license, whichever is later, to submit

1a new application demonstrating a new certificate holder.

2Section 9. Violations.

3(a) General rule.--Any individual or officer or employee of
4an organization who violates a provision of this act or
5regulation promulgated under this act commits a misdemeanor.
6Upon conviction for a first offense, the offender shall be
7sentenced to pay a fine not to exceed $1,000 for each violation,
8to imprisonment for not more than six months, or both. A second
9and each subsequent conviction shall be subject to a fine not to
10exceed $2,000 for each violation, imprisonment for a term of not
11more than one year, or both.

12(b) Administrative penalty.--In addition to any other remedy
13or penalty provided for in this act, the department may levy a
14civil penalty of up to $10,000 for each violation against an
15individual or organization that violates a provision of this
16act. The civil penalty shall be subject to the right of notice,
17hearing, adjudication and appeal as provided in 2 Pa.C.S.
18(relating to administrative law and procedure).

19Section 10. Refusal, suspension or revocation of license.

20(a) General rule.--Subject to the right of notice, hearing,
21adjudication and appeal under 2 Pa.C.S. (relating to
22administrative law and procedure), the department may refuse to
23issue or renew, suspend or revoke a license upon a violation of
24this act for any of the following:

25(1) Incompetency or negligence in the performance of
26services.

27(2) Conviction of a felony.

28(3) Fraudulent or dishonest practices while engaging in
29business related to systems.

30(4) Use of false evidence, false advertising or

1misrepresentation on an application or in the performance of
2services.

3(5) Engaging in or authorizing the planning, design,
4installation or service of fire sprinkler systems without the
5direct supervision of a licensed contractor.

6(b) Temporary and automatic suspensions.--The secretary may
7issue an order to temporarily suspend a license for up to 180
8days upon finding a clear and immediate danger to the public
9health, safety or property. The order shall be issued without
10hearing but with notice to the licensee's last known address.
11The licensee shall have a right to a hearing within 30 days
12following the issuance of the order. A license shall be
13immediately restored if the suspension is found to be wholly
14unwarranted.

15(c) Appeals.--The department shall issue a decision within
1630 days after a hearing under this act.

17Section 11. Procedure.

18The department shall have the power to subpoena witnesses,
19administer oaths, examine witnesses, take testimony and compel
20the production of documents. The secretary may petition the
21Commonwealth Court to enforce any order or subpoena issued under

22this act.

23Section 12. Duties of department.

24Within 18 months of the effective date of this section, the
25department shall promulgate regulations necessary for the
26implementation of this act.

27Section 13. Application.

28Notwithstanding any other provision of this act, a
29municipality or county may require a fire sprinkler contractor
30to obtain a permit and pay a fee thereafter for the installation

1of a system and require the installation of the system in
2conformance with the Statewide building code or other
3construction requirements of the political subdivision that may
4be allowed under the act of November 10, 1999 (P.L.491, No.45),
5known as the Pennsylvania Construction Code Act, but may not
6impose qualification or financial responsibility requirements
7other than proof of a valid license.

8Section 14. Construction.

9Whenever a provision of this act is found to be inconsistent
10with any provision of applicable laws, codes or regulations of
11this Commonwealth, the provisions of this act shall prevail.
12Unless specifically stated otherwise, this act is not intended
13to establish more restrictive standards than standards set forth
14in other applicable laws of this Commonwealth.

15Section 15. Effective date.

16This act shall take effect as follows:

17(1) This section and section 10 shall take effect
18immediately.

19(2) The remainder of this act shall take effect upon the
20effective date of the regulations promulgated by the
21department under section 10 or on July 1, 2013, whichever is
22sooner.