PRINTER'S NO. 1805
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1178
Session of
2018
INTRODUCED BY VULAKOVICH, COSTA, BLAKE, KILLION, RAFFERTY AND
TARTAGLIONE, MAY 31, 2018
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
MAY 31, 2018
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, further
providing for State Fire Commissioner and for Fire Safety
Advisory Committee, providing for fire protection and
suppression systems and equipment and for licensure of fire
equipment service companies and technicians, imposing
penalties and establishing the Fire Equipment and Suppression
System Fund.
The General Assembly finds and declares as follows:
(1) The safe operation of fire equipment and suppression
systems protects the health, safety and welfare of the public
and both public and private property by assuring competence
of those who perform fire equipment and suppression system
work.
(2) The licensure, certification and regulation of fire
equipment and suppression system companies and technicians
are in the best interest of this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7383(a) of Title 35 of the Pennsylvania
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Consolidated Statutes is amended to read:
§ 7383. State Fire Commissioner.
(a) State Fire Commissioner.--There shall be a State Fire
Commissioner, who, through the Lieutenant Governor, shall report
to the Governor on all matters concerning fire safety in this
Commonwealth. The Office of the State Fire Commissioner shall be
within the agency for administrative purposes only, and the
commissioner shall not report to the director of the agency. The
commissioner shall have the power and duty to:
(1) Coordinate the activities of State and local
community interests engaged in fire prevention and control
activities.
(2) Serve as a focal point for information relative to
fires, property damage, injuries and the loss of life.
(3) Disseminate, through periodic reports, information
about fire prevention efforts and fire control and detection
techniques.
(4) Develop and participate in a program of public
information and education designed to create a public
awareness of the incidence and the ravages of fire and
methods the individual can take to prevent and detect fires
and minimize loss when they occur.
(5) Serve as a central point to support local efforts
and interests in all matters pertinent to fire prevention and
control.
(6) Regulate through the issuance of a license any
person engaged in the business of installing, altering,
inspecting, repairing, recharging, servicing, maintaining or
testing portable fire extinguishers, fire alarm systems or
fire equipment and suppression systems.
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(7) Regulate through the issuance of an industry-
recognized and code-referenced certification individuals
employed by a licensed fire equipment service company to
inspect, repair, recharge, service, maintain or test portable
fire extinguishers, fire alarm systems or fire equipment and
suppression systems.
(8) Enforce the provisions of Subchapter G (relating to
fire protection and suppression systems and equipment) and
regulations promulgated under Subchapter G to minimize the
loss of persons and public and private property through the
following:
(i) Prevention and mitigation of fire or explosion
and the spread of fire and panic resulting therefrom
through the regulation of fire alarm systems and fire
equipment and suppression systems.
(ii) Installation and maintenance of fire alarm
systems, emergency notification systems and fire
protection systems, including fire suppression systems,
fire extinguishing equipment and fire sprinkler systems.
(iii) Servicing, repairing, recharging, testing,
marking, inspecting, installing, maintaining and tagging
of fire extinguishers, individually designed fire
equipment, pre-engineered fire suppression systems and
fire alarm systems.
(iv) Licensing of persons engaged in the business of
servicing, repairing, recharging, testing, marking,
inspecting, installing, maintaining and tagging fire
extinguishers, pre-engineered fire suppression systems,
individually designed fire equipment protection systems
and fire alarm systems.
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(v) Certification of technicians employed by a
licensee to service, repair, recharge, test, mark,
inspect, install, maintain and tag portable fire
extinguishers, pre-engineered fire suppression systems,
individually designed fire equipment protection systems
and fire alarm systems.
* * *
Section 2. Section 7386(a)(1) introductory paragraph of
Title 35 is amended and the paragraph is amended by adding
subparagraphs to read:
§ 7386. Fire Safety Advisory Committee.
(a) Creation.--
(1) There is created the Fire Safety Advisory Committee
to assist the commissioner. The committee shall consist of
[nine members, as follows] the following members:
* * *
(vi) Four fire protection and suppression system
contractors from geographically dispersed areas of this
Commonwealth, one each to be appointed by the President
pro tempore of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives and
the Minority Leader of the House of Representatives.
(vii) Two board members of the Pennsylvania Fire
Equipment Distributor Association, to be appointed by the
commissioner.
* * *
Section 3. Chapter 73 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER G
FIRE PROTECTION AND SUPPRESSION SYSTEMS AND EQUIPMENT
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Sec.
7391. Definitions.
7392. Fire protection and suppression systems and equipment.
7393. Fire equipment service company licensure.
7394. Technician certification.
7395. Trainees.
7396. Duties of office.
7397. Municipal prohibitions.
7398. Fire Equipment and Suppression System Fund.
7399. Penalties.
7399.1. Refusal, suspension or revocation of license.
7399.2. Temporary regulations.
7399.3. Applicability.
§ 7391. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Carbon dioxide fire protection system." A special hazard
fire suppression system that uses carbon dioxide as its
extinguishing agent.
"Certified technician." A technician certified by the office
in accordance with this subchapter.
"Commissioner." The State Fire Commissioner.
"Engineered fire suppression system." A fire suppression
system which is designed individually to suit a purpose or
hazard and requires individual calculation and design to
determine the flow rates, nozzle pressures, pipe size, area or
volume to be protected by each nozzle, quantities of
extinguishing agent and the number and types of nozzles and
their placement in a specific system.
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"ESA's NTS." The Electronic Security Association's National
Training School.
"Fire alarm system." A system installed in accordance with
NFPA 72 that provides a warning alarm signaling the presence of
fire conditions and is capable of initiating an action to
suppress a fire condition.
"Fire equipment service company." A person that engages in
the business of i nstalling, altering, inspecting, repairing,
recharging, servicing, maintaining or testing portable fire
extinguishers, sprinkler systems, fire alarm systems or fire
equipment and suppression systems.
"Fire extinguisher." A cylinder that:
(1) Is portable such that it may be carried or is on
wheels.
(2) Is manually operated.
(3) May use a variety of extinguishing agents that are
expelled under pressure.
(4) Is rechargeable or nonrechargeable.
(5) Is installed, serviced, repaired, recharged,
inspected and hydrotested according to applicable procedures
of the manufacturer, NFPA standards and Federal regulations.
(6) Is listed by a nationally recognized testing
laboratory.
"Fire protection and suppression system." A system
individually designed to protect the interior or exterior of a
specific building or buildings, structure or other special
hazard from fire. The term includes, but is not limited to, the
following:
(1) Water sprinkler systems.
(2) Water misting systems.
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(3) Foam-water sprinkler systems.
(4) Foam-water spray systems.
(5) Carbon dioxide fire protection systems.
(6) Foam extinguishing systems.
(7) Dry chemical systems.
(8) Halon and other chemical systems used for fire
protection use.
(9) Overhead and underground fire mains.
(10) Fire hydrants and hydrant mains.
(11) Standpipe systems and hoses connected to sprinkler
systems.
(12) Sprinkler tank heaters.
(13) Air lines.
(14) Thermal systems used regarding fire sprinkler
systems.
(15) Tanks and pumps connected to fire sprinkler
systems.
"Fire safety inspector." An individual who is officially
assigned the duties of conducting fire safety inspections of
buildings and facilities on a recurring or regular basis on
behalf of a State or local government entity with fire safety
responsibilities.
"Fire suppression system." An engineered or pre-engineered
system that suppresses a fire using an extinguishing agent
distributed through fixed piping and nozzles that are activated
either manually or automatically. The system may include
containers, nozzles, controls, automatic detection, manual
releases, equipment shut downs and alarms. The system includes
an extinguishing agent, which is discharged through fixed pipes
and nozzles into or over a potential fire hazard.
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"Fund." The Fire Equipment and Suppression System Fund
established in section 7398 (relating to Fire Equipment and
Suppression System Fund).
"Hydrotesting." Pressure testing by hydrostatic methods by a
person in possession of a United States Department of
Transportation issued Retesters Identification Number (RIN) that
is conducted in accordance with the procedures in NFPA 10 and
the portions of 49 CFR Pts. 105 (relating to hazardous materials
program definitions and general procedures) through 177
(relating to carriage by public highway), which are referenced
in Compressed Gas Association Standards.
"ICC." The International Code Council.
"Kitchen fire suppression system." A pre-engineered fire
suppression system designed specifically to protect the hood,
duct and cooking appliances of a kitchen by having a wet
extinguishing agent discharged through fixed pipes and nozzles
over and into the fire hazard area and which may include
containers, nozzles, controls, automatic detection, manual
release, cooking appliance shutdown equipment and alarms.
"License" or "licensure." The authorization granted by the
office to a fire equipment service company to operate in
accordance with its designated class of license.
"Licensee." A fire equipment service company that is in
possession of a valid license issued by the office to offer to
undertake or represent itself as being able to undertake, or
undertakes the installation, service, sale, repair, inspection
or maintenance of fire protection equipment.
"Maintenance." The function of keeping equipment in the
condition to perform as the equipment was originally designed to
perform.
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"Municipality." Any of the following that has adopted land
use or zoning regulations:
(1) A city of the first, second, second class A or third
class.
(2) A borough.
(3) An incorporated town.
(4) A township of the first or second class.
(5) A county of the second class, second class A, third
class, fourth class, fifth class, sixth class, seventh class
or eighth class.
(6) A home rule municipality or any similar general
purpose unit of government which is hereafter created by the
General Assembly.
"NAFED." The National Association of Fire Equipment
Distributors.
"NFPA." The National Fire Protection Association.
"NFPA 72." The National Fire Alarm and Signaling Code
promulgated by the NFPA.
"NICET." The National Institute for Certification in
Engineering Technologies.
"Office." The Office of the State Fire Commissioner.
"PAFED." The Pennsylvania Association of Fire Equipment
Distributors.
"Pre-engineered fire suppression system." A fire suppression
system that:
(1) Uses a variety of extinguishing agents.
(2) Is designed to protect specific hazards.
(3) Is installed according to pretested limitations and
configurations specified by the manufacturer.
(4) Is installed according to applicable NFPA standards
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pertaining to servicing, recharging, repairing, installing,
hydrotesting or inspecting any type of pre-engineered fire
suppression system.
(5) Is installed using components specified by the
manufacturer or components that are listed as equivalent
parts by a nationally recognized testing laboratory.
(6) Is listed by a nationally recognized testing
laboratory.
"Special hazard fire suppression system." A fire suppression
system that uses an extinguishing agent other than water.
"Sprinkler system." A type of fire protection system, manual
or automatic, using water as an extinguishing agent and
installed in accordance with applicable NFPA standards.
"Standpipe system." A fire protection system consisting of
an arrangement of piping, valves, hose outlets and allied
equipment installed in a building or structure.
"Technician." An individual who is employed by a licensee to
install, alter, inspect, repair, recharge, service, maintain or
test portable fire extinguishers, sprinkler systems, fire alarm
systems or fire equipment and suppression systems.
"Trainee." An individual who has not obtained certification
under this subchapter but who is authorized to work as specified
in this subchapter when under the immediate supervision of a
certified technician.
"Uniform fire safety standard." A requirement or group of
requirements for the protection of life and property from loss
by fire which shall be met by each building and structure
specified by the Uniform Construction Code, ICC or NFPA and not
more or less stringent than State law or a regulation or local
ordinance of a State or local government entity with fire safety
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responsibilities.
§ 7392. Fire protection and suppression systems and equipment.
A fire extinguisher, fire alarm system and engineered and
pre-engineered fire suppression system that is required by
statute, rule or regulation must be serviced, recharged,
repaired, hydrotested, tested, inspected and installed in
accordance with:
(1) This subchapter.
(2) Current, applicable ICC or NFPA standards.
(3) Applicable Federal regulations.
§ 7393. Fire equipment service company licensure.
(a) License required.--It shall be unlawful for a person to
engage in the business of servicing, repairing, recharging,
testing, marking, inspecting, installing or hydrotesting any
fire extinguisher, fire alarm system, engineered or pre-
engineered fire suppression system in this Commonwealth without:
(1) Holding a valid license issued by the office.
(2) Employing a technician in possession of a valid
certification in accordance with this subchapter.
(b) Qualifications for licensure.--To qualify for licensure,
an applicant must provide the following:
(1) A valid Federal tax identification number.
(2) A valid Department of Revenue State identification
number.
(3) Proof that the applicant is current on all Federal
and Pennsylvania tax obligations, including sales and use
tax.
(4) Proof that the applicant is or will be covered by
general liability, personal injury and property damage
insurance in the amount of $500,000.
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(5) A general description of the applicant's fire
equipment service company operations, including the number of
certified technicians employed and services offered.
(6) Identification of the certified technicians employed
by the f ire equipment service company, listed by discipline.
(7) Proof of current and reputable certification for
each technician employed by the applicant.
(8) A sworn statement or affidavit that all information
contained in the application is valid.
(9) A notarized signature of the applicant.
(c) Class of license and fees.--A licensee shall perform the
specific type of work in accordance with the specific
classification of license held. The office shall promulgate
regulations to set annual licensing fees for each license
classification established as follows:
(1) Class PF - portable fire extinguisher contractor.
(2) Class FS - fire sprinkler system contractor.
(3) Class SH - special hazard fire suppression system
contractor.
(4) Class KF - kitchen fire suppression system
contractor.
(5) Class FA - fire alarm system contractor.
(6) Class ALL - all fire protection equipment
contractor.
(d) Inactive status.--A licensee may transfer a license to
inactive status during which time the licensee may not engage in
any work or permit a technician to operate under the license. An
inactive status license shall be void after two years or at the
time that the license is renewed, whichever comes first.
(e) Display of license.--A license shall be displayed by the
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licensee at the licensee's place of business at all times and
shall appear on all inspection reports, invoices and tags.
(f) Interim operation.--A fire equipment service company
that has been in business prior to the effective date of this
section shall have 24 months following the effective date of
this section to meet the licensure requirements of this
subchapter.
§ 7394. Technician certification .
(a) Required q ualifications.--A technician must possess and
maintain a current certification in each discipline in which the
individual performs duties. The following apply:
(1) A portable fire extinguisher technician must be
certified by PAFED, ICC or NAFED as a certified portable fire
extinguisher technician.
(2) A kitchen fire suppression system technician must be
certified by PAFED, ICC or NAFED as a pre-engineered kitchen
fire extinguishing systems technician.
(3) A special hazard fire suppression system technician
must be certified by NICET as a level II special hazard
suppression systems technician.
(4) A fire alarm systems technician must be certified as
a level II fire alarm technician by NICET, ESA's NTS or any
NFPA 72 recognized national certification organization.
(5) A fire sprinkler system technician must be certified
as a NICET level II inspection and testing of water-based
systems technician and a NICET level I water-based fire
protection systems technician.
(b) Identification.--A certified technician employed by a
licensee shall maintain in the technician's personal possession
a valid photo identification with the technician's certification
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number while engaging in the servicing, recharging, repairing,
testing, inspecting or installing of fire extinguishers, fire
alarm systems and engineered and pre-engineered fire suppression
systems. A certified technician shall produce photo
identification and proof of certification upon request.
(c) Construction.--Nothing in this subchapter shall be
construed to prohibit a certified technician from servicing any
brand of fire extinguisher, fire alarm system or engineered or
pre-engineered fire suppression system regardless of the
manufacturer of the equipment. A certified technician shall be
legally qualified to act on behalf of the licensee within the
authorized scope of practice of the certified technician in all
matters connected with the business of the licensee.
§ 7395. Trainees.
(a) Supervision.--A trainee is prohibited from engaging in
the servicing, recharging, repairing, testing, inspecting or
installing of fire extinguishers, fire alarm systems and
engineered and pre-engineered fire suppression systems unless
supervised by a certified technician operating under a licensee.
No more than two trainees shall be under the supervision of a
single certified technician, who shall be directly responsible
for the work performed by a trainee while under the technician's
supervision. No trainee shall perform work not within the scope
of the class of license and technician certification held by the
licensee and technician, respectively.
(b) Trainee qualifications.--A trainee must:
(1) Be 18 years of age or older.
(2) Possess a valid driver's license or a valid State
identification card, issued by the Department of
Transportation, that is capable of being produced upon
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request.
§ 7396. Duties of office.
(a) Identification.--The office shall develop and issue
photo identification cards to licensees and certified
technicians. Nothing in this subchapter shall preclude the
office from assessing fees commensurate with the cost of
producing the photo identification.
(b) Registry required.--The office shall establish a
searchable online registry of licensees, identifiable by
business name, business license number and business address. A
licensee shall report any changes in the certification of
technicians operating under its license to the office on a
quarterly basis.
§ 7397. Municipal prohibitions.
(a) General rule.--A municipality is prohibited from:
(1) Adopting rules, regulations or ordinances for
licensure, certification or permitting in connection with a
fire alarm system or fire protection and suppression system
that would result in duplicate certification, licensure or
regulation of the State-issued license or certification
required by this subchapter.
(2) Assessing additional fees on licensees to service,
repair, recharge, test, mark, inspect, install, maintain and
tag fire extinguishers, fire alarm systems, engineered and
pre-engineered fire suppression systems and individually
designed fire equipment within a municipality.
(b) Construction.--Nothing in this section shall prohibit a
municipality from adopting an ordinance to contract with a third
party inspection reporting agency or assessing reporting filing
fees.
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§ 7398. Fire Equipment and Suppression System Fund.
The Fire Equipment and Suppression System Fund is established
as a special fund in the State Treasury. Fees collected for
licensure or certification, including separate licensing
examination fees, shall be deposited in the fund and are hereby
appropriated for the use of the office in the administration of
this subchapter. Money appropriated to the office under this
section shall be in addition to any appropriation to the office
in a general appropriation act.
§ 7399. Penalties.
(a) Criminal penalty.--A person who violates this subchapter
or regulation promulgated under this subchapter commits a
misdemeanor of the third degree and shall:
(1) Upon conviction for a first offense, be sentenced to
pay a fine of not more than $1,000 or to imprisonment for not
more than six months, or both.
(2) Upon conviction for a second or subsequent offense,
be sentenced to pay a fine of not more than $2,000 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 section, the office may levy a
civil penalty of up to $10,000 for each violation against an
individual or organization that violates this subchapter. 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).
§ 7399.1. 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 office may refuse to
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issue or renew, suspend or revoke a license or certification
upon a violation of this subchapter for any of the following:
(1) Incompetency or negligence in the performance of
fire equipment services.
(2) Conviction of a felony.
(3) Fraudulent or dishonest practices while rendering
fire equipment services.
(4) Use of false evidence, false advertising or
misrepresentation on an application or in the performance of
fire equipment services.
(5) Engaging in or authorizing the planning, design,
installation, service or maintenance of a fire alarm system,
emergency notification system or fire protection system,
including a fire suppression system, fire-extinguishing
equipment and fire sprinkler system without the required
license or certification.
(b) Temporary suspensions.--
(1) The commissioner may issue an order to suspend a
license or certification 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 or certified technician's last known
address.
(2) The licensee or certified technician shall have a
right to a hearing within 30 days following the issuance of
the order.
(c) Appeals.--The office shall issue a decision within 30
days after a hearing under this section.
(d) Procedure.--The office shall have the power to subpoena
witnesses, administer oaths, examine witnesses, take testimony
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and compel the production of documents. The commissioner may
petition the Commonwealth Court to enforce an order or subpoena
issued under this section.
§ 7399.2. Temporary regulations.
(a) Promulgation.--In order to facilitate the prompt
implementation of this subchapter, the office shall, no later
than 150 days of the effective date of this section, promulgate
temporary regulations. The temporary regulations shall not be
subject to the following:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(b) Expiration.--The temporary regulations under
subsection(a) shall expire upon the promulgation of final-form
regulations or within two years following the effective date of
this section, whichever is later.
(c) Regulations.--The temporary regulations shall address
the following:
(1) Initial license requirements consistent with the
uniform fire safety standards adopted by the commissioner.
(2) Certification fees and licensure classifications
under this subchapter.
(3) The duration of licenses.
(4) Auditing procedures of licensees and certified
technicians to determine compliance with the provisions of
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this subchapter.
(5) The promulgation of forms and applications for
licensure and certification required under this subchapter.
§ 7399.3. Applicability.
The provisions of this subchapter do not apply to inspections
conducted by fire chiefs, fire inspectors, fire marshals or
insurance company inspectors.
Section 4. This act shall take effect in 90 days.
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