Bill Text: CA AB433 | 2013-2014 | Regular Session | Chaptered
Bill Title: Contractors: fire protection systems: fire safety: State
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2013-09-27 - Chaptered by Secretary of State - Chapter 377, Statutes of 2013. [AB433 Detail]
Download: California-2013-AB433-Chaptered.html
BILL NUMBER: AB 433 CHAPTERED
BILL TEXT
CHAPTER 377
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2013
APPROVED BY GOVERNOR SEPTEMBER 27, 2013
PASSED THE SENATE SEPTEMBER 3, 2013
PASSED THE ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN SENATE AUGUST 13, 2013
AMENDED IN SENATE JUNE 10, 2013
INTRODUCED BY Assembly Member Gordon
FEBRUARY 15, 2013
An act to amend Sections 7026.12 and 7057 of, and to add and
repeal Section 7026.13 of, the Business and Professions Code, and to
add Section 13110 to the Health and Safety Code, relating to
contractors.
LEGISLATIVE COUNSEL'S DIGEST
AB 433, Gordon. Contractors: fire protection systems: fire safety:
State Fire Marshal.
The Contractors' State License Law provides for the licensure and
regulation of contractors by the Contractors' State License Board
within the Department of Consumer Affairs. Existing law provides that
the installation of a fire protection system may be performed only
by a contractor holding a fire protection contractor classification,
or by an owner-builder of an owner-occupied, single-family dwelling,
as specified.
This bill would additionally authorize, until January 1, 2017, the
installation of a residential fire protection system for a one- or
2-family dwelling by a contractor holding a fire protection
contractor classification or a plumbing contractor classification, as
defined in the regulations of the board. The bill would also state
the intent of the Legislature with respect to these matters.
Existing law requires the Office of the State Fire Marshal to be
administered by the State Fire Marshal. Existing law authorizes the
State Fire Marshal to adopt regulations in specified circumstances
and requires the State Fire Marshal to aid in the enforcement of
building standards adopted by the State Fire Marshal and published in
the State Building Standards Code relating to fires or to fire
prevention and protection.
This bill would authorize the State Fire Marshal to propose,
adopt, and administer the regulations that he or she deems necessary
in order to ensure fire safety in buildings and structures and would
require regulations that are building standards to be submitted to
the State Building Standards Commission for approval. The bill would
authorize the State Fire Marshal to establish and collect reasonable
fees to implement these provisions.
The bill would make conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7026.12 of the Business and Professions Code is
amended to read:
7026.12. Except as provided in Section 7026.13, the installation
of a fire protection system, excluding an electrical alarm system,
shall be performed only by either of the following:
(a) A contractor holding a fire protection contractor
classification, as defined in the regulations of the board.
(b) An owner-builder of an owner-occupied, single-family dwelling,
if not more than two single-family dwellings on the same parcel are
constructed within one year, plans are submitted to, and approved by,
the city, county, or city and county authority, and the city,
county, or city and county authority inspects and approves the
installation.
SEC. 2. Section 7026.13 is added to the Business and Professions
Code, to read:
7026.13. (a) A residential fire protection system, excluding an
electrical alarm system, for a one- or two-family dwelling may be
installed by a contractor holding a fire protection contractor
classification or a plumbing contractor classification, as defined in
the regulations of the board. A "one- or two-family dwelling" is a
residential group R-3 occupancy, as defined in Section 310.1 of Part
2 of Title 24 of the California Building Code.
(b) It is the intent of the Legislature that this section apply to
the installation of fire protection system components within a one-
or two-family dwelling and outside the dwelling up to the utility
meter for the property.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 3. Section 7057 of the Business and Professions Code is
amended to read:
7057. (a) Except as provided in this section, a general building
contractor is a contractor whose principal contracting business is in
connection with any structure built, being built, or to be built,
for the support, shelter, and enclosure of persons, animals,
chattels, or movable property of any kind, requiring in its
construction the use of at least two unrelated building trades or
crafts, or to do or superintend the whole or any part thereof.
This does not include anyone who merely furnishes materials or
supplies under Section 7045 without fabricating them into, or
consuming them in the performance of, the work of the general
building contractor.
(b) A general building contractor may take a prime contract or a
subcontract for a framing or carpentry project. However, a general
building contractor shall not take a prime contract for any project
involving trades other than framing or carpentry unless the prime
contract requires at least two unrelated building trades or crafts
other than framing or carpentry, or unless the general building
contractor holds the appropriate license classification or
subcontracts with an appropriately licensed contractor to perform the
work. A general building contractor shall not take a subcontract
involving trades other than framing or carpentry, unless the
subcontract requires at least two unrelated trades or crafts other
than framing or carpentry, or unless the general building contractor
holds the appropriate license classification. The general building
contractor shall not count framing or carpentry in calculating the
two unrelated trades necessary in order for the general building
contractor to be able to take a prime contract or subcontract for a
project involving other trades.
(c) A general building contractor shall not contract for any
project that includes a fire protection system as provided for in
Section 7026.12 or 7026.13, or the "C-57" Well Drilling
classification as provided for in Section 13750.5 of the Water Code,
unless the general building contractor holds the appropriate license
classification, or subcontracts with the appropriately licensed
contractor.
SEC. 4. Section 13110 is added to the Health and Safety Code, to
read:
13110. (a) Notwithstanding any other provision of this part, the
State Fire Marshal may propose, adopt, and administer the regulations
that he or she deems necessary in order to ensure fire safety in
buildings and structures within this state including regulations
related to construction, modification, installation, testing,
inspection, labeling, listing, certification, registration,
licensing, reporting, operation, and maintenance. Regulations that
are building standards shall be submitted to the State Building
Standards Commission for approval pursuant to Chapter 4 (commencing
with Section 18935) of Part 2.5 of Division 13.
(b) The Office of the State Fire Marshal may establish and collect
reasonable fees necessary to implement this section, consistent with
Section 3 of Article XIII A of the California Constitution.
