SB 506 Creates fire sprinkler business regulations
Sponsor: Callahan
LR Number: 2153S.01I Fiscal Note: 2153-01
Committee: Small Business, Insurance and Industry
Last Action: 3/24/2009 - Hearing Cancelled S Small Business, Insurance and Industry Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2009

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Current Bill Summary


SB 506 - The state Fire Marshal shall promulgate rules controlling the registration of persons and entities engaged in the fire sprinkler system business and the requirements for planning, installing and servicing such systems.

This act requires contractors to be registered with the state fire marshal in order to plan, sell, install, or service a fire sprinkler system. The application and issuance fees for unlimited or residential certificates of registration shall not exceed $100. Unlimited certificates of registration apply to those working on all fire sprinkler systems, while residential certificates of registration apply to those working on systems for one or two family residential dwellings.

Each contractor must employ at least one licensed "responsible managing employee" on a full-time basis to assure that systems are installed and serviced according to standards. Such employee may only work for one contractor at a time. This act outlines the requirements that a "responsible managing employee" must meet in order to obtain an unlimited or residential license. The state Fire Marshal may assess an examination fee not to exceed $100 for applicants who are required to take a written technical examination and a written practical examination. The state Fire Marshal must notify applicants of the results within a certain time period. The state Fire Marshal may adopt procedures to certify continuing education programs.

Certificates of registration and licenses shall be valid for one year and must be displayed in the contractor's place of business. The certificate of registration number must also be displayed on all plans, bids, offers, installation drawings, and contractor vehicles displaying the firm's name or logo. The fees collected from licensed contractors and "responsible managing employees" shall be deposited into the state general revenue fund to be used only by the state Fire Marshal to administer these provisions.

This act sets out the process for renewing a license or certificate of registration that is unexpired or expired and the required fee for such renewals. This act also establishes the required general liability insurance for applicants, but allows the state fire marshal to increase or decrease the amounts pursuant to rule.

Failure to maintain liability insurance as required shall constitute grounds for denial, suspension, or revocation of a certificate of registration after notice and the opportunity of a hearing is provided.

This act creates the "Fire Sprinkler System Advisory Council" consisting of seven members appointed by the state Fire Marshal. The advisory council shall advise the state Fire Marshal about standards of practice in the fire sprinkler industry and the rules necessary to implement this act. It shall also make recommendations regarding forms and procedures for certificates of registration and licenses. Three of the members shall have worked in fire sprinkler business management for at least five years and be qualified to have an unlimited license and, one shall be a qualified fire or building official, one shall be an engineer, one shall have certain fire protection certification, and one shall be a representative of the state Fire Marshal's office.

A person or organization shall not participate in the fire sprinkler business without a valid certificate of registration, act as a contractor without the necessary "responsible managing employee", act as a "responsible managing employee" without a valid license, obtain a certificate or license by fraudulent misrepresentation, or conduct fire sprinkler business in violation of this act. Such violations shall be a Class A misdemeanor. The state Fire Marshal may also apply for injunctive relief to stop a violation of this act.

The state Fire Marshal may refuse to issue or renew, or may suspend or revoke, a certificate of registration or license if a person violates this act or the rules adopted by the state Fire Marshal, or makes misrepresentations in connection with the sale of products or services rendered. The appeals process shall be conducted by the Administrative Hearing Commission.

SUSAN HENDERSON MOORE