PRINTER'S NO. 716
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
670
Session of
2017
INTRODUCED BY TAYLOR, JAMES, READSHAW, MILLARD, MURT, SCHWEYER,
O'BRIEN, PETRI, D. COSTA, W. KELLER, WATSON, NEILSON AND
PASHINSKI, MARCH 2, 2017
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 2, 2017
AN ACT
Providing for licensing of fire sprinkler contractors and
inspectors; and imposing duties on the Department of Labor
and Industry.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. License required.
Section 4. Application for contractor license.
Section 5. Qualifications.
Section 6. Preparation of designs of systems.
Section 7. Certification of designs of systems.
Section 8. Issuance and renewal of licenses, fees.
Section 9. Violations.
Section 10. Refusal, suspension or revocation of license.
Section 11. Procedure.
Section 12. Duties of department.
Section 13. Application.
Section 14. Construction.
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Section 15. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Fire
Sprinkler Contractors Licensing Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certificate holder." An individual or owner, partner,
officer or employee of an organization who maintains one or more
NICET certifications required to obtain a license under this
act.
"Compliance agent." An individual, employed by an entity,
who is either a professional engineer or a licensed fire
sprinkler contractor and maintains NICET certification in the
discipline of Water-Based Systems Layout, Level IV, or an
equivalent certification as determined by the department.
"Contractor." A fire sprinkler contractor.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Fire sprinkler system."
(1) A water-based suppression system which:
(i) Requires individual calculation and layout in
accordance with nationally recognized standards,
including those of the National Fire Protection
Association, to protect the interior or exterior of a
specific building, structure or special hazard from fire
by conveying water or other agents to dispersal openings
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or devices.
(ii) Includes overhead and underground fire mains
beginning at the point of service, fire hydrants and
hydrant mains, stand pipes and hoses connected to
sprinkler systems, sprinkler tank heaters, air lines,
thermal systems used in connection with fire sprinkler
systems and tanks and pumps connected to the fire
sprinkler systems.
(2) The term includes a wet-pipe system, dry-pipe
system, preaction system, deluge system, combined dry-pipe
and preaction system, antifreeze system and circulating
closed loop system, a system which utilizes foam and any
other water-based fire suppression system approved for use in
this Commonwealth.
"Installation." The initial placement of fire sprinkler
equipment or the extension, modification or alteration of
equipment after the initial placement, including the inspection
and testing of equipment attendant to the placement or
alteration of fire sprinkler equipment.
"License." The document issued by the department to an
individual or organization in order to engage in business as a
fire sprinkler contractor or fire sprinkler inspector in this
Commonwealth.
"NICET." The National Institute for Certification in
Engineering Technologies.
"Organization." A corporation, partnership, sole
proprietorship or other business entity or association, a
governmental entity, or any other commercial or legal entity.
"Point of service." The point at which the underground
piping for a fire sprinkler system using water as the
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extinguishing agent becomes exclusively used for the fire
sprinkler system.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
"Service." To inspect, test or repair fire sprinkler
equipment in order to furnish or return the fire sprinkler
system to operational condition, including maintenance.
"Supervision." The direction and management by an individual
or organization that is licensed under this act to perform
planning, design, installation or service of fire sprinkler
systems.
"System." A fire sprinkler system.
Section 3. License required.
(a) General rule.--No individual or organization may engage
in the business of planning, design, installation or service of
fire sprinkler equipment or systems or hold himself or herself
out as a licensed contractor unless:
(1) a license has been issued under this act; or
(2) the individual is an employee who is working under
the supervision of an individual or organization that has
received a license under this act.
(b) Organizations.--
(1) In order for a license to be issued to an
organization, the organization must maintain at least one
certificate holder who will perform work permitted under a
license or provide supervision of employees who perform work
permitted under a license.
(2) A certificate holder may maintain one or more NICET
certifications and an organization may maintain more than one
certificate holder in order to meet NICET certification
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requirements specified by this act.
(c) Subcontractors.--A subcontractor who wishes to engage in
work covered under this act, including the planning, design,
installation or service of fire sprinkler equipment or systems,
must obtain a license under this act.
(d) Exemptions.--The following individuals shall not be
required to possess a license under this act:
(1) State or local building officials, fire marshals,
fire inspectors or insurance inspectors acting in official
capacities.
(2) Professional engineers.
(3) Individuals or organizations that only sell
supplies, products or materials to contractors.
(4) Maintenance employees of an owner or tenant of a
building who perform routine observation of the condition of
a system in the building.
(e) Responsibility.--An individual or organization that is
granted a license under this act shall conform to safety
standards under the act of November 10, 1999 (P.L.491, No.45),
known as the Pennsylvania Construction Code Act.
Section 4. Application for contractor license.
(a) Contractors.--An individual or organization wishing to
engage in the business of planning, design, installation or
service of systems must submit an application to the department
for a contractor license.
(b) Contents of applications.--An application shall be on a
form prescribed by the department and include the following
information:
(1) The name, residence and business address of the
applicant, if the applicant is an individual.
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(2) If the applicant is an organization, the name,
residence and business address of each owner, partner or
principal officer and the name, residence and business
address of each certificate holder.
(3) Satisfactory evidence that the individual or the
certificate holder meets the qualifications specified in
section 3.
(4) If applicable, the approximate number of people to
be employed by the applicant and satisfactory evidence that
the employees are or will be covered by workers' compensation
insurance.
(5) Criminal record of convictions as verified by the
Pennsylvania State Police or other relevant law enforcement
agencies, if applicable.
(6) Other information as may be required by the
department.
(c) Fees.--The department shall set fees for applications
for licenses and renewals of licenses.
Section 5. Qualifications.
The department may not grant a contractor license to an
applicant who fails to meet the qualifications specified in this
section. Each applicant must:
(1) For the purposes of planning and design, maintain
NICET certification in the discipline of Water-Based Systems
Layout, Level III, or its equivalent, as determined by the
department, or a higher level NICET certification.
(2) For the purposes of installation and service,
maintain NICET certification in the discipline of Inspection
and Testing of Water-Based Systems, Level II, or its
equivalent, as determined by the department, or a higher
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level NICET certification.
(3) Pay the application fee set by the department.
(4) Submit proof that the applicant is or will be
covered by general liability, personal injury and property
damage insurance in the amount of $500,000.
(5) Satisfy other requirements which may be determined
necessary by the department.
Section 6. Preparation of designs of systems.
Notwithstanding any other provision of this act, technical
drawings or designs for a system for a building or structure
shall be prepared by either a professional engineer or a
licensed contractor who maintains NICET certification in the
discipline of Water-Based Systems Layout, Level III, or its
equivalent, as determined by the department, or a higher level
NICET exam.
Section 7. Certification of designs of systems.
(a) General rule.--A new system installation shall be
certified by a compliance agent to be in compliance with
technical drawings previously approved by an authority having
jurisdiction.
(b) Not required.--A licensed contractor shall not be
required to employ a compliance agent.
Section 8. Issuance and renewal of licenses, fees.
(a) Issuance and renewal.--Upon approval of an application
by the department, the department shall issue a license which
shall be renewable biennially. The fee for issuance of licenses
and renewals shall be set by the department.
(b) Reciprocity.--Upon application to the department, the
department may issue a license to individuals or organizations
holding a valid license or certification from a state having
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standards substantially equal to those of this act.
(c) Reporting of multiple licensure.--
(1) An individual licensed to perform services in
another state shall inform the department upon application
for licensing or renewal. Disciplinary action shall be
reported within 90 days of the final disposition or upon
application for licensing or renewal, whichever is sooner.
(2) The department shall inform another state of
disciplinary action taken against a licensee in this
Commonwealth.
(d) Temporary license.--The department may grant a temporary
license for up to two years if an individual or owner or
employee of an organization has obtained a certificate of
completion of an apprenticeship for fire sprinkler programs
which is registered with the Bureau of Apprenticeship and
Training of the United States Department of Labor or the
Pennsylvania State Apprenticeship and Training Council in order
to provide an extension of time to complete the NICET
certification required under section 5.
(e) Organizations.--If a certificate holder leaves
employment or otherwise becomes separated from a licensed
contractor, the contractor shall notify the department within 30
days. The contractor shall, no later than six months or until
expiration of the current license, whichever is later, submit a
new application demonstrating a new certificate holder.
Section 9. Violations.
(a) Criminal penalty.--An individual or officer or employee
of an organization who violates a provision of this act or
regulation promulgated under this act commits a misdemeanor.
Upon conviction for a first offense, the offender shall be
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sentenced to pay a fine not to exceed $1,000 for each violation
or to imprisonment for not more than six months, or both. A
second and each subsequent conviction shall be subject to a fine
not to exceed $2,000 for each violation or to imprisonment for
not more than one year, or both.
(b) Administrative penalty.--In addition to any other remedy
or penalty provided for in this act, the department may levy a
civil penalty of up to $10,000 for each violation against an
individual or organization that violates a provision of this
act. The civil penalty shall be subject to the right of notice,
hearing, adjudication and appeal as provided in 2 Pa.C.S.
(relating to administrative law and procedure).
Section 10. Refusal, suspension or revocation of license.
(a) General rule.--Subject to the right of notice, hearing,
adjudication and appeal under 2 Pa.C.S. (relating to
administrative law and procedure), the department may refuse to
issue or renew, suspend or revoke a license upon a violation of
this act for any of the following:
(1) Incompetency or negligence in the performance of
services.
(2) Conviction of a felony.
(3) Fraudulent or dishonest practices while engaging in
business related to systems.
(4) Use of false evidence, false advertising or
misrepresentation on an application or in the performance of
services.
(5) Engaging in or authorizing the planning, design,
installation or service of fire sprinkler systems without the
direct supervision of a licensed contractor.
(b) Temporary suspensions.--
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(1) The secretary may issue an order to temporarily
suspend a license for up to 180 days upon finding a clear and
immediate danger to the public health, safety or property.
The order shall be issued without hearing but with notice to
the licensee's last known address.
(2) The licensee shall have a right to a hearing within
30 days following the issuance of the order.
(c) Appeals.--The department shall issue a decision within
30 days after a hearing under this act.
Section 11. Procedure.
The department shall have the power to subpoena witnesses,
administer oaths, examine witnesses, take testimony and compel
the production of documents. The secretary may petition the
Commonwealth Court to enforce an order or subpoena issued under
this act.
Section 12. Duties of department.
Within 18 months of the effective date of this section, the
department shall promulgate regulations necessary for the
implementation of this act.
Section 13. Application.
(a) General rule.--Notwithstanding any other provision of
this act and subject to subsection (b), a municipality may
require:
(1) A fire sprinkler contractor to obtain a permit and
pay a fee thereafter for the installation of a system.
(2) The installation of the system in conformance with
the Statewide building code or other construction
requirements of the political subdivision which may be
allowed under the act of November 10, 1999 (P.L.491, No.45),
known as the Pennsylvania Construction Code Act.
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(b) Limitation.--No municipality may impose qualification or
financial responsibility requirements on a fire sprinkler
contractor other than requiring proof of a valid license.
Section 14. Construction.
Whenever a provision of this act is found to be inconsistent
with any provision of applicable laws, codes or regulations of
this Commonwealth, the provisions of this act shall prevail.
Unless specifically stated otherwise, this act is not intended
to establish more restrictive standards than standards set forth
in other applicable laws of this Commonwealth.
Section 15. Effective date.
This act shall take effect as follows:
(1) This section and section 10 shall take effect
immediately.
(2) The remainder of this act shall take effect upon the
effective date of the regulations promulgated by the
department under section 10 or on July 1, 2017, whichever is
sooner.
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