PRINTER'S NO. 1378
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1063
Session of
2015
INTRODUCED BY TAYLOR, GODSHALL, COHEN, MURT, DiGIROLAMO,
DONATUCCI, O'BRIEN, W. KELLER, McNEILL, BISHOP, D. COSTA,
GERGELY, PASHINSKI AND WATSON, APRIL 27, 2015
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 27, 2015
AN ACT
Providing for licensing of fire sprinkler contractors and
inspectors; and imposing duties on the Department of Labor
and Industry.
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 phrase 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
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sprinkler contractor who 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." A water-based suppression system
which 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 or devices. The systems also include 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. The term
includes wet-pipe systems, dry-pipe systems, preaction systems,
deluge systems, combined dry-pipe and preaction systems,
antifreeze systems and circulating closed loop systems, systems
utilizing foam and other water-based fire suppression systems
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
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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
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.
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(b) Organizations.--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. 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 requirements set forth 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,
shall 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 a contractor.
(4) Maintenance employees of an owner or tenant of a
building who perform routine observation of the condition of
the system.
(e) Responsibility.--An individual or organization who is
granted a license under this act shall assume full
responsibility to ensure conformance with 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
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engage in the business of planning, design, installation or
service of systems shall submit an application to the department
for a contractor license.
(b) Contents of applications.--Applications shall be on a
form prescribed by the department, which shall include the
following:
(1) The name, residence and business address of the
applicant if the applicant is an individual.
(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 set forth 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.
A contractor license may not be granted to an applicant who
fails to meet the qualifications set forth in this section. Each
applicant must:
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(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
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 that 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. Preparation of designs of systems.
(a) Certification.--Each new system installation shall be
certified to be in compliance with technical drawings previously
approved by an authority having jurisdiction by a compliance
agent.
(b) Not required.--A licensed contractor shall not be
required to employ a compliance agent.
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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.--A license may be issued to individuals or
organizations holding a valid license or certification from a
state having standards substantially equal to those of this act,
upon application to the department.
(c) Reporting of multiple licensure.--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.
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 in cases where an individual or
owner or employee of an organization has obtained a certificate
of completion of an apprenticeship for fire sprinkler programs
that 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 must notify the department within 30
days. The contractor shall have six months or until the
expiration of the current license, whichever is later, to submit
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a new application demonstrating a new certificate holder.
Section 9. Violations.
(a) General rule.--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
sentenced to pay a fine not to exceed $1,000 for each violation,
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, imprisonment for a term of 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
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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 and automatic suspensions.--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.
The licensee shall have a right to a hearing within 30 days
following the issuance of the order. A license shall be
immediately restored if the suspension is found to be wholly
unwarranted.
(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.
Notwithstanding any other provision of this act, a
municipality or county may require a fire sprinkler contractor
to obtain a permit and pay a fee thereafter for the installation
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of a system and require the installation of the system in
conformance with the Statewide building code or other
construction requirements of the political subdivision that may
be allowed under the act of November 10, 1999 (P.L.491, No.45),
known as the Pennsylvania Construction Code Act, but may not
impose qualification or financial responsibility requirements
other than 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, 2015, whichever is
sooner.
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