STATE OF NEW YORK ________________________________________________________________________ 5684--A 2017-2018 Regular Sessions IN SENATE April 25, 2017 ___________ Introduced by Sens. SAVINO, ALCANTARA, AVELLA, CARLUCCI, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to the layout, installing, servicing, repairing, inspecting, testing and maintaining of automatic water-based fire protection systems; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new article 2 40 to read as follows: 3 ARTICLE 40 4 AUTOMATIC WATER-BASED FIRE PROTECTION SYSTEMS 5 Section 900. Definitions. 6 901. Contractor license and RME requirements; scope of practice; 7 penalties for non-compliance. 8 902. Powers of the department of state division of licensing 9 services and the New York state fire protection licensure 10 board. 11 903. New York state fire protection advisory board. 12 904. New licensing and certification requirements. 13 905. Licensing and certification requirements for existing 14 contractor. 15 906. Specialists. 16 907. License: application; insurance; display; and duplicates. 17 908. License: renewal and RME. 18 909. Inspection of water-based fire protection systems. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01960-07-8S. 5684--A 2 1 910. Fees. 2 911. Suspension and revocation of licenses. 3 912. Hearing on charges; decision. 4 913. Judicial review. 5 914. Violations and penalties. 6 915. Official acts used as evidence. 7 916. Disposition of fees. 8 917. Severability. 9 918. Applicability. 10 919. Contractual agreements. 11 § 900. Definitions. As used in this article, unless the context 12 requires otherwise: 13 1. "A/d/b/a" means "also doing business as". 14 2. "Apprentice sprinkler fitter" means a person with interest in and 15 aptitude for performing fire suppression work known as, but not limited 16 to, fire sprinkler fitting work but who alone is not capable of perform- 17 ing fire suppression work, and such person must be enrolled in a New 18 York state registered or a U.S. Department of Labor recognized fire 19 sprinkler fitter apprenticeship program and must be directly supervised 20 by a licensed journeyperson on any one jobsite. 21 3. "Approved apprenticeship program" means an apprenticeship-training 22 program recognized by the industry and accepted as an apprenticeship 23 program by the state of New York or the U.S. Department of Labor. 24 4. "Board" means the New York State Fire Protection Licensure Board 25 under the department. The board shall be the approving body for all 26 rules, requirements, regulations, and future modifications affecting 27 licensure, certificates and certification, exams, training, and other 28 issues under this article. 29 5. "Business entity" means a firm, company, partnership, limited 30 liability company or corporation. 31 6. "Department" refers to the division of licensing services within 32 the department of state. 33 7. "Engineer of record" means a professional engineer licensed in 34 accordance with article one hundred forty-five of the education law and 35 qualified by experience and training to provide design criteria for fire 36 protection systems to include: 37 (a) selection of type of system and components; 38 (b) classification of the hazard and commodities to be protected; 39 (c) the density and water flow/pressure requirements for the system 40 design; 41 (d) confirmation of the available water supply data; 42 (e) preliminary hydraulic calculations to verify adequacy of proposed 43 water supply arrangements; 44 (f) reasonable efforts to identify water supplies that could lead to 45 microbiologically influenced corrosion (MIC); and 46 (g) seismic information and other items identified by law or the 47 uniformed codes. 48 8. "Fee" means any "examination fee," "license fee," "registration 49 fee," and/or "renewal fee" is required to accompany an application or 50 issuance of any license, certification, or registration including any 51 temporaries or renewals, pursuant to this article. Such fee shall be 52 non-refundable. 53 9. "Fire suppression" means: 54 (a) the practice, materials, and equipment, in or adjacent to a build- 55 ing, or premises, used in the installation, maintenance, extension, or 56 alteration of all piping, materials, and equipment, both above and belowS. 5684--A 3 1 ground, as defined by the state fire code, in connection with the 2 discharge of water, backflow preventers, and private water supply 3 systems, for the express purpose of extinguishing and controlling fire; 4 and 5 (b) the practice of installing, repairing, inspecting, testing, main- 6 taining, and servicing fire suppression or fire fighting systems includ- 7 ing both overhead piping and underground fire water mains, backflow 8 prevention devices, fire hydrants and hydrant mains, standpipes and hose 9 connections to the fire sprinkler systems, fire sprinkler tank heaters, 10 air lines and thermal systems used in connection with fire sprinkler 11 systems, tank and pump connections and fire protection systems as 12 defined by the state fire code. 13 10. "Fire sprinkler system" means any water-based automatic fire 14 extinguishing, fire suppression system or fire control system employing 15 fire sprinklers and consisting of underground and overhead piping or 16 conduits including accessory fire pumps and associated piping, fire 17 standpipes that convey water with or without other agents to dispersal 18 openings or devices to extinguish, control, suppress, or contain fire 19 and provide protection from exposure to fire or the products of 20 combustion and installed in accordance with applicable fire prevention 21 and building codes of the state of New York and referenced standards and 22 approved more restrictive local standards. 23 11. "Full time employee" means an employee of the business entity in a 24 position expected to work at least two thousand hours per year. Earned, 25 paid time for leave such as vacation, sick, or personal days shall not 26 count against the two thousand hours. 27 12. "Geographical area" means all counties, except New York, Bronx, 28 Kings, Queens, Richmond, Nassau and Suffolk. 29 13. "Inspection" means a visual examination of a building owner's 30 water-based fire protection system or portion thereof to verify within 31 the scope of NFPA 25 that the system appears to be in operating condi- 32 tion and is free of physical damage. 33 14. "Inspection, testing, and maintenance" means a program provided by 34 a New York state licensed water-based fire protection contractor when 35 contracted with a property or building owner or their representative or 36 qualified building owner's representative in which all components unique 37 to the property's systems are inspected and tested at the required times 38 and necessary maintenance is provided. This program includes logging and 39 retention of relevant records and reporting of deficiencies and malfunc- 40 tions to the building owner or his authorized representative and appro- 41 priate authorities that may be required. 42 15. "Inspector" means a person certified in the NICET Level II 43 "Inspections and Testing of Water-Based Systems" and is employed by a 44 New York state licensed contractor as herein defined who performs 45 inspection and testing on a water-based fire protection system within 46 the scope of NFPA 25, the New York State Fire and Building Code set, and 47 other laws or regulations. 48 16. "Inspector trainee" means inspectors in training that may perform 49 inspections under the direct supervision of a NICET Level II certified 50 inspector for up to one year prior to obtaining NICET Level I and subse- 51 quently perform inspections under direct supervision up to an additional 52 two years prior to obtaining NICET Level II in the field of "inspections 53 and testing of water-based systems". The inspector in training and NICET 54 Level II supervisor must both be in the direct employ of the contractor 55 I, II, III, or IV. The department shall issue a card once per lifetime 56 with a three year limitation and be maintained to prove these durationsS. 5684--A 4 1 are met, if the inspector trainee does not obtain the required certif- 2 ications, he or she shall not be allowed to continue to perform 3 inspections. 4 17. "Install" or "installation" means the initial placement of the 5 water-based fire protection system or its extension or alteration after 6 the initial placement. 7 18. "Journeyperson" means a person qualified by at least ten thousand 8 hours (10,000) of work experience installing, adjusting, repairing, 9 dismantling, inspecting, testing, and maintaining water-based fire 10 protection systems and who is competent to instruct and supervise the 11 water-based fire protection work of apprentice fire sprinkler fitters 12 and residential trainees, and/or a person who has completed a state or 13 federally recognized apprenticeship program. 14 19. "Layout" means the placement of risers, cross mains, branch lines, 15 fire sprinklers, sizing of pipe, hanger locations, and supplemental 16 hydraulic calculations in accordance with the provisions of water-based 17 fire protection design standards and design criteria as provided by 18 engineer of record. 19 20. "License holder" means a business entity as herein defined as 20 licensed by the department to engage in the business of layout, install- 21 ing, repairing, inspecting, testing, or maintaining water-based fire 22 protection systems under this article. One license may name no more 23 than one business entity. 24 21. "Maintenance" means work performed by the licensed water-based 25 fire protection contractor to keep equipment operable and make repairs. 26 22. "Multipurpose system" means a piping system intended to serve both 27 the domestic and fire protection needs. 28 23. "NCCI" means the National Council on Compensation Insurance. 29 24. "NFPA" means the National Fire Protection Association, Inc. 30 25. "NFSA" means the National Fire Sprinkler Association, Inc. 31 26. "NICET" means the National Institute for Certification in Engi- 32 neering Technologies or other recognized entity by the fire sprinkler 33 industry equal or better to NICET as determined by the department. 34 27. "OFPC" or "office" means the New York State Office of Fire 35 Prevention and Control. 36 28. "Point of private service" means the point at which the private 37 underground piping for a water-based fire protection system using water 38 as the extinguishing agent becomes used for the water-based fire 39 protection system. 40 29. "Repair" means any work on a system after the initial installation 41 to replace, correct and maintain the system to provide performance as 42 originally designed. 43 30. "Residential tradesperson" means a person in the employ of a 44 contractor I, III, or IV and is limited to the scope of work as defined 45 in contractor IV, plus mixed use residential occupancies up to and 46 including four stories in height and is qualified by at least eight 47 thousand hours (8,000) of work experience installing, adjusting, repair- 48 ing, and dismantling fire suppression systems and who is competent to 49 instruct and supervise the fire suppression work of residential train- 50 ees. 51 31. "Residential trainee" is under the contractor I, III, or IV 52 license only and is limited to the scope of work as defined in contrac- 53 tor IV and means a person in training that may perform residential fire 54 sprinkler fitter work under direct supervision of a residential trades- 55 person or a journeyperson. The department shall issue a card once per 56 lifetime with a four year limitation and be maintained to prove theseS. 5684--A 5 1 durations are met, if the residential trainee does not obtain the resi- 2 dential tradesperson license within the time limit, he or she shall not 3 be allowed to continue to perform such work. 4 32. (a) "Responsible managing employee" or "RME" means an individual 5 with appropriate NICET Certification who is a full time employee of a 6 water-based fire protection company, and is designated as the water- 7 based fire protection company's qualifier to do business as a water- 8 based fire protection contracting company. An RME may serve to qualify 9 only one contractor business location under this article in the state of 10 New York. An RME who works for more than one water-based fire protection 11 company at the same time shall not be considered a full time employee of 12 either, subject to the exception set forth in paragraph (b) of this 13 subdivision. 14 (b) An RME with appropriate NICET certifications may qualify one 15 water-based fire protection company or two separate water-based fire 16 sprinkler companies that operate in the same physical business location 17 and physical address provided that the controlling business principal 18 maintains both contractor licenses of any class for both businesses 19 along with all other requirements within this article at one location. 20 33. "Supervise" or "supervision" means the direction, management, and 21 oversight by the RME named on the business license of the activities of 22 personnel in the layout, installing, repairing, inspecting, testing, or 23 maintaining repair of any water-based fire protection system. However, 24 it is not the intention that supervision require the RME have to be at 25 the site of each layout, install, repair, inspection, test, or mainte- 26 nance of the water-based fire protection systems at all times. 27 34. "Testing" means testing water-based fire protection systems as 28 defined by fire code of the state of New York and referenced documents. 29 35. "To engage in the business of layout, installing, repairing, 30 inspecting, testing, or maintaining water-based fire protection systems" 31 means and refers to a New York state licensed water-based fire 32 protection contractor that holds itself out directly or indirectly, as 33 being able, or who offers or undertakes, by any means or method, to 34 layout, install, repair, inspect, test, or maintain a water-based fire 35 protection system. 36 36. "Water-based fire protection contractor" classes: 37 (a) "Contractor I" or "water-based fire protection systems contractor" 38 means a business entity that offers to undertake or represents itself as 39 being able to undertake, or does undertake the layout, installing, 40 repairing, inspecting, testing, or maintaining all types of water-based 41 fire protection systems and components. Types of systems include but are 42 not limited to land based and marine applications of fire sprinkler, 43 standpipe and hose, fixed water spray, and foam fire protection systems. 44 (b) "Contractor II" or "water-based fire protection systems inspection 45 contractor" means a business entity that is limited to the execution of 46 contracts requiring the ability for inspection and testing along with 47 minor maintenance of land based and marine water-based fire protection 48 systems. The contractor II inspectors shall be certified NICET Level II 49 or better in "inspection and testing of water-based systems". Repairs 50 may be performed by this class to the limit of replacing deficient parts 51 without being considered an alteration or change in the original system. 52 (c) "Contractor III" or "fire sprinkler system contractor" means a 53 business entity that offers to undertake or represents itself as being 54 able to undertake, or does undertake the layout, installing, repairing, 55 inspecting, testing, or maintaining all types of water-based fire 56 protection systems and components with the exception of foam systems.S. 5684--A 6 1 Types of systems include land based and marine applications of fire 2 sprinkler, standpipe and hose, and fixed water spray. 3 (d) "Contractor IV" or "residential fire sprinkler contractor" means a 4 business entity that offers to undertake or represents itself as being 5 able to undertake, or does undertake the layout, installing, servicing, 6 repairing, inspecting, testing, or maintaining of limited residential 7 water-based fire protection systems and whose scope of business is 8 limited to the scope of application of NFPA 13D "Standard for the 9 Installation of Sprinkler Systems in One- and Two-Family Dwellings and 10 Manufactured Homes" and NFPA 13R "Standard for the Installation of 11 Sprinkler Systems in Low-Rise Residential Occupancies" which is limited 12 to certain occupancy types. 13 (i) Contractor IV entities shall not and are not authorized to 14 contract or perform any work in the scope of this article for the 15 following: 16 (A) nursing homes and ambulatory care facilities; or 17 (B) dormitories, fraternities, sororities, or any housing that targets 18 students on or off campus. 19 (ii) A multi-purpose NFPA 13D fire sprinkler system layout, installa- 20 tion, service, repair, inspection, test, or maintenance shall require a 21 contractor I, III, or IV license and meet all requirements contained 22 herein regardless of and in addition to any other potable water profes- 23 sional or trade requirements, certifications or licensures required by 24 the state and authorities having jurisdiction. 25 37. "Water-Based Fire Protection Contractor business license" means a 26 license issued by the department to a business entity to operate as a 27 water-based fire protection contractor. 28 38. "Water-based fire protection system" is a commercial or residen- 29 tial system individually designed to protect the interior or exterior of 30 a specific building, structure, or other hazard from fire, or life safe- 31 ty whether land-based or marine. This system begins at the point of 32 private service as defined and ends at the most remote point of the 33 system. Such systems include, but are not limited to, water fire- 34 sprinkler systems, water spray systems, foam-water sprinkler systems, 35 foam-water spray systems, and foam extinguishing systems, or multi-pur- 36 pose systems used for fire protection. Such systems also include any 37 overhead and private underground fire mains, fire hydrants attached 38 thereto, standpipes and hoses connected to fire sprinkler systems, fire 39 sprinkler tank heaters, air lines, thermal systems used in connection 40 with fire sprinkler systems, and tanks and pumps connected to fire 41 sprinkler systems and installed in accordance with applicable codes and 42 standards of the state of New York. 43 39. "Years experience" means proof of employment based on definition 44 in "full time employee" for each twelve-month period. 45 § 901. Contractor license and RME requirements; scope of practice; 46 penalties for non-compliance. 1. (a) It is unlawful for any organiza- 47 tion, business, or individual to engage in the business of layout, 48 installing, servicing, repairing, inspecting, testing, or maintaining of 49 a water-based fire protection system, act in the capacity of a water- 50 based fire protection contractor, or advertise itself as being a water- 51 based fire protection contractor without having been duly licensed and 52 holding a valid and existing license, except as hereinafter provided. 53 The RME named to qualify a business under this article must be a full 54 time employee of the organization or business. An RME who is employed by 55 more than one water-based fire protection contractor during the sameS. 5684--A 7 1 period of time shall not be the qualifier for more than one water-based 2 fire protection contractor at the same time. 3 (b) The department shall revoke, for a period of time determined by 4 the department, the RME as a qualifier for all water-based fire 5 protection contractors if an RME makes use or allows the use of NICET or 6 equivalent certification to qualify a company of which the RME is not a 7 full-time employee. 8 (c) Within two years from the effective date of this article, a 9 contractor who performs water-based fire protection systems work in New 10 York state must have in its employ one RME with appropriate NICET 11 certifications at each location where lay-out of water-based fire 12 protection systems shop drawings are performed. The provisions of this 13 paragraph shall apply to water-based fire protection systems contractors 14 based in other states, or any other location for work performed in the 15 geographical areas specified in subdivision twelve of section nine 16 hundred of this article. 17 (d) Nothing in this subdivision prohibits an employee acting on behalf 18 of governmental entities or insurance providers from inspecting and 19 enforcing New York state codes, provided such employee is acting solely 20 on behalf of its employer. All fire protection cards, registrations, 21 certificates, and licenses required herein by this article and issued by 22 the department shall have statewide application and local governmental 23 entities are prohibited from establishing and imposing more or less 24 stringent standards, local licensing, certification, or registration on 25 state licensed water-based fire protection contractors or its employees. 26 (e) Local government shall not require any form of a business certif- 27 icate, licensing, certification, registration of a water-based fire 28 protection contractor or its RME or its employees that are licensed, 29 certified, or registered by the department of state unless the company 30 maintains a physical office within the jurisdiction. 31 2. By one year of the effective date of this article, no person or 32 business entity shall engage in the business of layout, installing, 33 servicing, repairing, inspecting, testing, or maintaining water-based 34 fire protection systems beginning at the point of fire protection 35 service as defined herein to the most remote parts of the system or hold 36 himself out as being able so to do unless he is licensed, certified, or 37 registered pursuant to this article. Nothing herein shall prohibit a 38 properly licensed business entity in accordance with the provisions of 39 this article from employing individuals including New York state regis- 40 tered journeypersons and apprentices to assist in the layout, install- 41 ing, servicing, repairing, inspecting, testing, or maintaining of 42 water-based fire protection systems and the license holder shall be 43 responsible for the proper layout, installing, servicing, repairing, 44 inspecting, testing, or maintaining of water-based fire protection 45 systems. 46 3. By two years of the effective date of this article, the department 47 shall require the NICET program of Inspection and Testing of Fire 48 Protection Systems minimum Level II or equivalent acceptable to the 49 department as proof that the inspectors are knowledgeable about 50 nationally accepted standards for the inspection, testing, and mainte- 51 nance of water-based fire protection systems. 52 4. By one year of the effective date of this article, no person or 53 business shall engage in the business of layout, installing, servicing, 54 repairing, inspecting, testing, or maintaining a water-based fire 55 protection system for one- and two-family dwellings or manufactured 56 housing within the geographical areas specified in subdivision twelve ofS. 5684--A 8 1 section nine hundred of this article unless licensed as a water-based 2 fire protection contractor I or contractor IV in the state of New York. 3 5. By one year of the effective date of this article, a contractor I, 4 contractor III, and contractor IV, who installs the underground piping 5 from the point of private service is responsible for completing the 6 installation to the aboveground connection flange before completing the 7 Contractor's Material and Test Certificate for Underground Piping docu- 8 ment. Aboveground contractors may not complete the Contractor's Material 9 and Test Certificate for Underground Piping document for underground 10 piping or portions thereof, which have been installed by others. 11 6. Introduction or addition of a backflow prevention device to an 12 existing water-based fire protection system, will cause a reduction in 13 available water pressure and may create system malfunction. It is the 14 responsibility of the building or property owner, commercial or residen- 15 tial to obtain the services of a New York state licensed professional 16 engineer to evaluate the fire protection system, supply documented find- 17 ings to the water-based fire protection contractor, and approve the 18 installation of any backflow prevention device. 19 7. A water-based fire protection contractor licensed under this arti- 20 cle shall not: 21 (a) enter into a written or oral agreement to authorize, or otherwise 22 knowingly allow a contractor who is not licensed under this article to 23 engage in the business of, or act in the capacity of, a water-based fire 24 protection contractor; or 25 (b) apply for or obtain a construction permit for water-based fire 26 protection work unless the water-based fire protection contractor or the 27 business organization qualified by the water-based fire protection 28 contractor has contracted to conduct the work specified in the applica- 29 tion for the permit. 30 8. Any person who violates any provision of this article or commits 31 any of the acts constituting cause for disciplinary action as herein set 32 forth is guilty of a misdemeanor of the second degree, punishable as 33 provided in this article. 34 9. In addition to the penalties provided in subdivision eight of this 35 section, a water-based fire protection contractor licensed under this 36 article who violates any provision of this section or who commits any 37 act constituting cause for disciplinary action is subject to suspension 38 or revocation of the license pursuant to sections nine hundred ten of 39 this article and administrative fines pursuant to section nine hundred 40 thirteen of this article. 41 10. A license holder has an affirmative duty to provide supervision to 42 employees and for all business activities. Such supervision shall 43 consist of regular, frequent and consistent personal guidance, instruc- 44 tion, oversight and superintendence by the qualifying RME or RMEs with 45 respect to the general business conducted by the firm and all matters 46 relating thereto. 47 11. (a) The license holder shall employ apprentices who have or are 48 currently enrolled in a New York state registered- or a U.S. Department 49 of Labor recognized-fire sprinkler fitter apprenticeship program. 50 (b) Notwithstanding any moratorium on apprenticeship training programs 51 that may be imposed by any state agency or Board, upon the effective 52 date of this article, fire sprinkler fitter apprenticeship training 53 programs approved by the U.S. Department of Labor shall be approved and 54 accepted by all state agencies.S. 5684--A 9 1 12. Nothing in this article shall prohibit a principal of a given 2 business entity from qualifying as that business entity's RME as long as 3 the principal meets all the qualifications in this article. 4 13. Licenses issued to contractors shall clearly show the level of 5 license issued for ease of identification by field staff of department 6 and OFPC, local code enforcement officials, the public, and other inter- 7 ested parties. 8 14. License Applicability Overview. 9 Function Class I Class II Class III Class IV 10 Inspect All All Water, not foam 13D and limited 13R 11 Test All All Water, not foam 13D and limited 13R 12 Maintain All n/a Water, not foam 13D and limited 13R 13 Install All n/a Water, not foam 13D and limited 13R 14 Repair All n/a Water, not foam 13D and limited 13R 15 Modify All n/a Water, not foam 13D and limited 13R 16 15. The proper application of the referenced water-based fire 17 protection system inspection, testing, and maintenance standard requires 18 one with special knowledge and certification as required in this arti- 19 cle. The act of opening and closing valves and other actions necessary 20 to ensure system readiness therefore requires special skills and know- 21 ledge; an untrained person could cause a costly system trip. According- 22 ly, the point of connection for fire alarm signaling devices is the 23 point of connection on the initiating device. It is the intent that 24 alarm contractors be prohibited from and only the appropriate water- 25 based fire protection license holders opening valves or flowing water in 26 water-based fire protection systems and that testing the wires from the 27 point of connection back to the monitoring devices is the scope of prac- 28 tice of an alarm technician. The water-based system inspector empowered 29 to test the fire suppression system pursuant to this article is respon- 30 sible to flow water and may reset the alarm panel when flow and tamper 31 indicators report. It is the intent that an alarm license is not 32 required to perform this portion of inspection, testing, and mainte- 33 nance. 34 § 902. Powers of the department of state division of licensing 35 services and the New York state fire protection licensure board. In 36 addition to the powers and duties elsewhere prescribed in this article, 37 the department and board shall have power: 38 1. to appoint an adequate number of assistants, field inspectors and 39 other employees as may be necessary to carry out the provisions of this 40 article, to prescribe their duties, and to fix their compensation within 41 the amount appropriated therefor. 42 2. to examine the qualifications and fitness of applicants for 43 licenses, or registrations under this article. 44 3. to keep records of all licenses, certifications, and registrations 45 issued, suspended or revoked and publish such information on a website 46 accessible by the public. 47 4. to prepare a manual of rules and regulations for the licensure 48 process of water-based fire protection contractors and to publish such 49 information on a website accessible by the public. 50 5. to promulgate such rules and regulations not inconsistent with the 51 provisions of this article, as may be necessary with respect to the form 52 and content of applications for licenses and registrations, and the 53 reception thereof, the investigation and examination of applicants and 54 their qualifications, and the other matters incidental or appropriate to 55 their powers and duties as prescribed by this article and for the proper 56 administration and enforcement of the provisions of this article, and toS. 5684--A 10 1 make recommendations to add, amend, or repeal any of such rules and 2 regulations. 3 § 903. New York state fire protection advisory board. 1. The secretary 4 of state shall establish the New York state fire protection advisory 5 board. The board shall conduct its first meeting within ninety days of 6 the effective date of this article. 7 2. The board shall be composed of eleven members as follows: 8 (a) the New York secretary of state or his/her designee; 9 (b) the New York state fire administrator or his/her designee; 10 (c) the New York state director of the division of building standards 11 and codes or his/her designee; 12 (d) two members shall be fire sprinkler fitter representatives 13 appointed by the President of the New York Pipe Trades; 14 (e) three members appointed by the President of the National Fire 15 Sprinkler Association, Inc., one of whom shall be a professional engi- 16 neer licensed by the department of education with experience in water- 17 based fire protection; 18 (f) the NFSA regional manager representing New York; 19 (g) one member appointed by the temporary president of the senate; and 20 (h) one member appointed by the speaker of the assembly. 21 3. Of the members appointed by the President of the National Fire 22 Sprinkler Association, Inc., the appointees' businesses locations shall 23 be from as separate geographical areas of New York state as is possible. 24 The appointees' businesses must have been actively engaged in the busi- 25 ness of layout, installing, inspecting, testing, servicing, altering, or 26 maintaining water-based fire protection systems for at least five years 27 immediately prior to their appointment. 28 4. Vacancies on the board shall be filled in the same manner as the 29 original appointment. 30 5. The chair of the board shall be the secretary of state or his or 31 her designee. In the absence of the secretary of state or his or her 32 designee, the state fire administrator or his or her designee or the 33 director of building standards and codes division or designee may serve 34 as chair. 35 6. The board shall meet at least quarterly but may meet more often as 36 the need presents itself. Members of the board shall use due diligence 37 to participate in all scheduled and special meetings as required. The 38 department shall take minutes and make minutes available as soon as 39 reasonably possible to board members that are absent. 40 7. The board shall have the power and authority to: 41 (a) direct the department in administration of the requirements estab- 42 lished in this article and all future fire protection licenses in the 43 state; 44 (b) review complaints and disputed administrative action and make 45 non-binding recommendations for disciplinary action to the department at 46 the request of the certificate holder, license holder, or the depart- 47 ment; 48 (c) make decisions and supply in writing to the department rules, 49 codes, standards, interpretations, and training; and 50 (d) develop and maintain fitter testing for the purpose of licensure 51 of journeypersons and apprentices, which shall be administered and 52 enforced by the department. 53 8. The term of the appointed board members shall expire on June thir- 54 tieth of the first year after the establishment of the board and bienni- 55 ally thereafter. An appointee may qualify for more than one term.S. 5684--A 11 1 9. Six members of the board shall constitute a quorum for purposes of 2 voting and making decisions; provided, however, that such members shall 3 include at least one fire protection contractor and one fire sprinkler 4 fitter. Motions shall not move forward without at least one vote in 5 consensus from at least one fire sprinkler fitter and one member 6 appointed by the President of the National Fire Sprinkler Association, 7 Inc. 8 10. Members of the board shall receive no additional pay, allowances, 9 or benefits by reason of his or her service to the board, but shall be 10 reimbursed for travel, subsistence, and other necessary expenses 11 incurred by them in the performance of their duties to the extent 12 authorized by the comptroller for state employees. 13 § 904. New licensing and certification requirements. 1. As a prerequi- 14 site for licensure as a contractor I, the RME qualifier or qualifiers 15 must be at least twenty-three years of age, be of good moral character, 16 and shall possess five years' proven experience and progressive training 17 in the employment of a water-based fire protection system contractor I 18 or a combination of equivalent education and experience. It is the 19 intent that the contractor I RME meet the criteria of NICET Level III 20 certification in the specific technical discipline of "Water-based 21 layout" or an equivalent accepted by the board and also department as a 22 prerequisite with NICET "Special Hazards Suppression Systems" or an 23 equivalent accepted by the board and department. Two RMEs are permitted 24 with one in each discipline. 25 2. As a prerequisite for licensure as a contractor II, the RME qual- 26 ifier must be at least eighteen years of age, be of good moral charac- 27 ter, and be certified NICET Level II for "Inspection and Testing of 28 Water-based Systems" or equivalent accepted by the board and department. 29 NICET Level I "Inspection and Testing of Water-based Systems" or an 30 equivalent accepted by the board and department may perform inspection 31 and testing under direct on site supervision of a NICET II or equivalent 32 inspector. 33 3. As a prerequisite for licensure as a contractor III, the RME qual- 34 ifier must be at least twenty-three years of age, be of good moral char- 35 acter, and shall possess five years' proven experience and progressive 36 training in the employment of a water-based fire protection system 37 contractor I or III or a combination of equivalent education and experi- 38 ence. The RME qualifier for the contractor III license shall meet the 39 criteria of NICET Level III certification in the specific technical 40 discipline of "Water-based layout" as a prerequisite or an equivalent 41 accepted by the board and department. 42 4. As a prerequisite for licensure as a contractor IV, the RME qual- 43 ifier must be at least twenty-three years of age, be of good moral char- 44 acter, and shall possess five years proven experience and progressive 45 training in the employment of a water-based fire protection system 46 contractor I, III, or contractor IV or a combination of equivalent 47 education and experience. The RME qualifying a contractor IV license 48 shall meet the criteria of NICET Level III certification or equivalent 49 in the specific technical discipline of "Water-based layout". 50 5. A New York state professional engineer license with education and 51 experience in fire protection engineering may be substituted for the 52 NICET requirements in this section. 53 § 905. Licensing and certification requirements for existing contrac- 54 tor. 1. An existing contractor shall be entitled to a license under this 55 article if such contractor shall present to the department: (a) satis- 56 factory evidence that the business has been actively engaged in theS. 5684--A 12 1 proper class of contracting in the scope of the license applied for in 2 layout, installing, servicing, repairing, inspecting, testing, or main- 3 taining of water-based fire protection systems as a contractor I, 4 contractor II, or contractor III within the state for at least five 5 years within the period of six years immediately prior to the effective 6 date of this article; or 7 (b) proof of proper insurance as a water-based fire protection 8 contractor within the state and proof of five years insurance immediate 9 to application as a water-based fire protection contractor. Proof of 10 five years insurance shall include the latest NCCI Rating Sheet for 11 workers' compensation showing the appropriate code for fire sprinkler 12 fitters. 13 2. A business has been actively engaged in the proper class of 14 contracting or a water-based fire protection contractor that has been in 15 existence less than five years as of the effective date of this article 16 shall be entitled to a license upon presentation to the department of 17 proof of regularly performing fire sprinkler work or successfully 18 completed a fire sprinkler apprenticeship program provided by a fire 19 sprinkler local or other nationally recognized fire sprinkler associ- 20 ation program which is to be deemed acceptable by the board, and show 21 valid proof of proper NCCI insurance rating as a water-based fire 22 protection contractor within New York state since the inception of the 23 business. 24 3. No license issued pursuant to the provisions of this section shall 25 be renewed. 26 § 906. Specialists. 1. The department shall issue licenses to the 27 following classes of specialists: 28 (a) journeyperson fitter; 29 (b) apprentice fitter; 30 (c) residential tradesperson; 31 (d) residential trainee; 32 (e) inspector; and 33 (f) inspector trainee. 34 2. The department shall implement rules and regulations regarding the 35 qualifications and testing pursuant to this article for the purposes of 36 registering specialists as advised or recommended from the board. 37 3. In addition to any other information required by the department, 38 the applicant's social security number shall be recorded on any applica- 39 tion for a registration submitted pursuant to the provisions of this 40 article. Failure to provide the applicant's social security number may 41 delay approval and issuance of a card to perform work under this arti- 42 cle. 43 4. The department shall prepare and arrange for the receipt of appli- 44 cations from those who intend to perform fire suppression work within 45 the state. Such application shall be sufficiently detailed to enable 46 the department to determine the presence or absence of an applicant's 47 qualifications for a license of a particular class. The department may 48 require applicants to supply affidavits or other documents attesting to 49 the applicant's qualifications from past employers, other fire sprinkler 50 fitters, engineers, and others with specific knowledge of the appli- 51 cant's qualifications. The department may make such other inquiries as 52 necessary to determine the qualifications of the applicant. An applicant 53 expressly consents to such inquiries by the department by the submission 54 of such applicant's application to the department. 55 5. For one year after the effective date of this article, the depart- 56 ment shall grant licenses pursuant to section nine hundred seven of thisS. 5684--A 13 1 article without requiring a test. After the one year period, the 2 department shall, in addition to all other requirements under this arti- 3 cle, require each specialist applicant to pass a competency test showing 4 that the applicant is knowledgeable in fire suppression work prior to 5 issuing any license pursuant to this article. 6 6. The department shall establish a method for establishing an appli- 7 cant's qualifications, including the determination of how many hours of 8 fire suppression work the applicant has performed. 9 7. The department may deny the application of any applicant who fails 10 to comply with the provisions of this article or any rule or regulation 11 related thereto, or who lacks the necessary qualifications for a 12 license. 13 8. The department or board may, upon complaint or upon his or her own 14 inquiry, and upon notice to a specialist, suspend or revoke any license, 15 certificate, or card issued pursuant to this article if: 16 (a) the specialist's application that was supported by documentation 17 that was materially false or misleading regarding the qualifications or 18 experience of the applicant; or 19 (b) the specialist subscribed or vouched for a materially false or 20 misleading statement by an applicant; or 21 (c) the specialist was proven to unsafely or incompetently perform 22 work; or 23 (d) the specialist violated any law, rule, or regulation that was 24 enacted to protect the consumer or the public against unfair, unsafe, 25 unlawful, or improper business practices; or 26 (e) the specialist failed to comply with any rule or regulation of the 27 department or board promulgated to implement the provisions of this 28 article. 29 9. Any person aggrieved by a decision of the department or board is 30 entitled to judicial review as provided in the civil practice law and 31 rules. 32 10. Any person entering or any firm, corporation, or employee thereof, 33 or any representative, member or officer of such firm or corporation 34 causing a person to enter upon or engage in the business of performing 35 any fire suppression work as defined in section nine hundred nine of 36 this article without obtaining the required license or otherwise comply- 37 ing with this article, is for the first offense guilty of a misdemeanor. 38 Such a conviction will result in a fine of not less than one hundred 39 dollars or more than five hundred dollars. For a second and each subse- 40 quent offense, the penalty and punishment is a fine of not less than 41 five hundred dollars or more than one thousand dollars. Each day during 42 which fire suppression work is performed without the required license or 43 while not in compliance with any of the provisions of section nine 44 hundred nine of this article, after official notice that such work is 45 unlawful, is a separate offense. 46 11. Any fire suppression work performed by a person is determined by 47 the secretary of state to be a safety or health hazard to members of the 48 public or any fire suppression work of an extensive nature being 49 performed by any person without the required license or otherwise in 50 noncompliance with the requirements of this article or contrary to an 51 order or rule promulgated lawfully by the department or board, is 52 subject to being issued a citation or a civil action in the name of the 53 state in the court of the county where such work is being performed for 54 an injunction against such person, firm or corporation, enjoining such 55 work or violation. A court by mandatory or prohibitory injunction may 56 compel compliance with the provisions of this article, with the lawfulS. 5684--A 14 1 orders of the secretary of state and with any final decision of the 2 board. The department and board shall be represented in all such 3 proceedings by the attorney general or his/her designee. 4 12. As of the effective date of this article, no municipality or coun- 5 ty may require any license or evidence of a person's competence as a 6 fire suppression system worker from a person pursuant to this article as 7 a condition precedent to permission to perform fire suppression work 8 within the municipality. This shall not include a license for any work 9 covered by any national, state or municipal electrical code including 10 but not limited to pull stations, strobes, heat detectors, smoke detec- 11 tors, fire alarms or bells, and any electrical wiring including conduit 12 connected to raceway control cabinets. 13 13. Cards issued by the department shall be clearly marked whether the 14 cardholder is an apprentice or journeyperson. 15 14. No journeyperson or apprentice shall hold himself or herself out 16 to be qualified to install, inspect, test, or maintain a water-based 17 fire protection system without being in the active employ of a licensed 18 New York state water-based fire protection contractor. 19 15. When applying for renewal, journeypersons, residential tradesper- 20 sons, and residential trainees shall prove sixteen hours of approved 21 continuing education units in the field of fire suppression work, safe- 22 ty, or other applicable course of study from a third party source of 23 education or training. Safety courses may be a maximum of eight hours of 24 the requirements and shall be OSHA sanctioned or approved programs. 25 On-line internet programs may obtain a maximum of four hours. All educa- 26 tion, courses of study, and training will require proof of successful 27 completion of all hours. 28 16. The department may issue a temporary license to a fitter prior to 29 such person taking an examination if such person meets the requirements 30 of "journeyperson fitter" as defined in this article. The temporary 31 license shall only be issued once to a person during his/her lifetime 32 and shall only be valid from the date of issuance until the date of the 33 next examination. 34 17. (a) If any person, eligible as a journeyperson or apprentice as 35 provided in this section, be in the military service at or during the 36 time an application is required to be filed with fee paid, according to 37 the provisions of this section, the period within which the application 38 may be filed and fee may be paid, is extended in behalf of such person 39 until three months after the termination of military service, notwith- 40 standing any provisions in this article to the contrary. 41 (b) In the case of persons who are or were in the military service and 42 have been or will be discharged under conditions other than dishonor- 43 able, the period of two years specified need not be continuous. The 44 length of time such person was employed as a specialist before entering 45 active military service may be added to any period of time during which 46 such person was or is engaged as a specialist after the termination of 47 military service. 48 § 907. License: application; insurance; display; and duplicates. 1. 49 After a representative RME meets the provisions of this article as a 50 business qualifier, any business entity desiring a license to engage in 51 the business of layout, installing, inspecting, servicing, altering, or 52 maintaining of water-based fire protection systems under this article, 53 may make application to the department. The RME shall be subscribed by 54 the license applicant and affirmed by him or her as true under the 55 penalties of perjury. The license application shall be in such form and 56 shall contain such information relative to the RME NICET certificationS. 5684--A 15 1 number, category of discipline, and level of discipline. Each license 2 application shall be accompanied by a copy of required certifications as 3 established in this article proving the level of certification for 4 inspection by the department. 5 2. All licenses shall be for a period of two years. 6 3. No license shall be assignable or transferable except as hereinaft- 7 er provided. 8 4. A license issued to a limited liability company or to a corporation 9 to engage in the business of layout, installing, servicing, repairing, 10 inspecting, testing, or maintaining of water-based fire protection 11 systems shall require that such business be operated under the direction 12 of an RME of the limited liability company or corporation, who shall be 13 required to meet the certification requirements of this article on 14 behalf of the license holder and who, in the case of a corporation, 15 shall not be required to be an officer of the corporation. If such RME, 16 who shall have met the requirements of this article, ceases to act in 17 the capacity of RME for any reason whatsoever, the license holder shall 18 notify the department in writing within five business days from such 19 termination or cessation. The license holder may continue to conduct the 20 business of layout, installing, servicing, repairing, inspecting, test- 21 ing, or maintaining water-based fire protection systems for a period not 22 to exceed sixty days from the date of such termination or cessation; the 23 period of sixty days prior may be extended upon application to the 24 department and for good cause for an additional period not to exceed one 25 hundred and twenty days; by the end of such period a new RME must be 26 designated who has met the certification requirements of this article on 27 behalf of the license holder. 28 5. (a) As a prerequisite to issuance of a license, the department 29 shall require the business entity to submit satisfactory evidence that 30 the company has obtained appropriate water-based fire protection 31 contracting commercial general liability insurance showing proof of 32 appropriate coverage amounts doing business as described for the appro- 33 priate contractor level being applied for herein with a minimum of one 34 million dollars ($1,000,000) for contractor I, contractor II, contractor 35 III, and contractor IV. This proof shall show appropriate coverage for 36 comprehensive general liability for bodily injury and property damages, 37 products liability, completed operations, contractual liability, and 38 workers' compensation. The board may adopt rules providing for the mini- 39 mal amount of insurance for all contractor classes. 40 (b) The water-based fire protection contractor certificate of insur- 41 ance shall provide that the insurance shall not be modified, any materi- 42 al change in coverage or any termination, non-renewal, or cancellation 43 unless thirty days prior notice shall be given to the department. 44 (c) The water-based fire protection contractor certificate of insur- 45 ance must include the policy number, date of expiration, and physical 46 address of each contractor location. The contractor's operation of 47 business must be noted in the description part of the certificate. 48 (d) The "State of New York" shall be named as the certificate holder. 49 (e) An insurer, which fails to so notify the department, shall be 50 subject to the penalties provided in this article. 51 6. Upon satisfaction of the requirements of this section, the license 52 shall be issued. However, no license shall remain in effect if, after 53 issuance, the license holder fails to maintain all insurance coverage 54 required by this section. 55 7. The department may, at any time subsequent to the issuance of the 56 license or its renewal, require, upon demand and in no event more thanS. 5684--A 16 1 thirty days after notice of the demand, the license holder to provide 2 proof of insurance coverage on a form provided by the department 3 containing confirmation of insurance coverage as required by this arti- 4 cle. Failure to provide proof of insurance coverage as required, for 5 any length of time, shall result in the immediate suspension of the 6 license until proof of insurance is provided to and accepted by the 7 department. 8 8. The license issued to conduct the business of layout, installing, 9 servicing, repairing, inspecting, testing, or maintaining of water-based 10 fire protection systems shall be conspicuously posted upon the premises 11 where the license holder is engaged in the business of layout, install- 12 ing, servicing, repairing, inspecting, testing, or maintaining of 13 water-based fire protection systems. 14 9. Within one year of the effective date of this article, and after 15 obtaining a license issued pursuant to the terms of this article, all 16 documents or receipts issued by or on behalf of a business licensed 17 pursuant to this article must contain the identification number issued 18 to such business in the phrase "New York State License #___________". 19 10. Within one year of the effective date of this article, and after 20 obtaining a license issued pursuant to the terms of this article, all 21 advertising placed by a business entity licensed under this article must 22 contain the following statement: "New York State License #_________". 23 11. A duplicate license may be issued for one lost, destroyed or muti- 24 lated upon application therefor on a form prescribed by the department 25 and the payment of the fee prescribed therefore by this article. Each 26 such duplicate license shall have the word "duplicate" clearly stamped 27 or watermarked across the face thereof and shall bear the same number as 28 the one it replaces. All information from the original license shall be 29 transposed identically onto the duplicate license. 30 12. Notice in writing shall be given to the department by the holder 31 of a license to conduct the business of layout, installing, inspecting, 32 servicing, altering, or maintaining of water-based fire protection 33 systems of any change in address of the business together with the 34 return of license, whereupon a properly signed endorsement will be made 35 on the face of the license as to such change and the license then 36 returned to the license holder. A change of address by a license holder 37 without such notice and endorsement of license shall operate to cancel 38 the license. 39 13. A license to conduct the business of layout, installing, servic- 40 ing, repairing, inspecting, testing, or maintaining of water-based fire 41 protection systems issued to a business entity may be used after the 42 death of the RME for a period of not more than sixty days from the date 43 of death of such individual. The period of sixty days aforesaid may be 44 extended upon application to the department and for good cause shown for 45 an additional period not to exceed one hundred and twenty days. 46 § 908. License: renewals and RME. The contractor shall submit applica- 47 tion for license renewal with current RME information and qualifica- 48 tions. 49 § 909. Inspection of water-based fire protection systems. 1. The 50 department or OFPC shall have the right to inspect any fire protection 51 system during and after construction to determine that such system meets 52 the standards set forth in the laws and rules of the state and in 53 accordance with specific project requirements. This does not diminish 54 the capacity and duties of the local code enforcement office. 55 2. Water-based fire protection systems installed in public and private 56 properties, except one-family or two-family dwellings, in this stateS. 5684--A 17 1 shall be inspected following procedures established in the nationally 2 recognized inspection, testing, and maintenance standard NFPA-25 as set 3 forth in the edition adopted by the New York State Codes Council and New 4 York State Article 19. Quarterly, annual, three-year, and five-year 5 inspections consistent with the contractual provisions with the owner 6 shall be conducted by the license holder's inspectors employed by the 7 license holder pursuant to provisions in this article. This section 8 does not prohibit governmental entities and code enforcement officials 9 in the performance of their duties from inspecting and enforcing New 10 York state adopted and referenced standards and codes. 11 3. Only the appropriate water-based fire protection license holders 12 may open valves or flowing water in water-based fire protection systems. 13 Alarm contractors are prohibited from doing so. The water-based system 14 inspector shall test the fire suppression system, is responsible to flow 15 water and may reset the alarm panel when flow and tamper indicators 16 report. A security or fire alarm license shall not be required to 17 perform this portion of inspection, testing, and maintenance of any fire 18 suppression system. 19 4. A building owner or building owner's authorized representative 20 shall contract with a New York state licensed contractor for the means 21 of scheduled inspection and testing before any certificate of occupancy 22 is issued. The inspecting contractor shall provide to the building owner 23 (other than detached one- and two-family homes) a copy of the inspection 24 report established detailing applicable New York state codes require- 25 ments and NFPA 25 standard inspection, testing, and maintenance crite- 26 ria. The maintenance of water-based fire protection systems as well as 27 corrective actions on deficient systems is the responsibility of the 28 owner of the water-based fire protection system or hydrant connected 29 thereto. The limit of liability of inspecting contractors shall be that 30 of the dollar value of the inspection, testing, and maintenance 31 contract. The installing water-based fire protection contractor shall be 32 reposed and may not be sued for latent construction defects, those not 33 apparent by reasonable inspection, more than ten years after substantial 34 completion of a project. 35 5. Inspections and testing of automatic fire sprinkler systems for 36 detached one-family dwellings, detached two-family dwellings, and manu- 37 factured housing within the scope of NFPA 13D are the responsibility of 38 the building owner. The building owner is responsible for requesting 39 service from a licensed New York state contractor I or IV when any defi- 40 ciency exists. The NFPA-25 inspection of exposed underground piping 41 supplying a water-based fire protection system from point of private 42 service shall be conducted under control of a contractor I. 43 6. Maintenance of fire protection systems as well as corrective 44 actions on deficient systems is the responsibility of the owner of the 45 system or private hydrant. Notwithstanding inspection contracts with 46 conflicting language, the owner of the fire protection system or private 47 hydrant shall indemnify and hold harmless the other party to the 48 contract, their officers and employees, from liabilities, damages, loss- 49 es and costs, including, but not limited to, reasonable attorney's fees, 50 to the extent caused by the negligence, recklessness, or intentional 51 failure of the owner to maintain or take corrective action to maintain a 52 fire protection system or private hydrant. 53 7. Two years after the effective date of this article, the department 54 shall require the NICET Level II "inspection and testing of water-based 55 fire protection systems" or equivalent training and education as deter- 56 mined by the department for the RME(s) qualifying a contractor II asS. 5684--A 18 1 proof that he or she is knowledgeable in nationally accepted standards 2 for the inspection of water-based fire protection systems. Each contrac- 3 tor II RME shall maintain NICET Level II "inspection and testing of 4 water-based fire protection systems" certification or equivalent as a 5 condition of permit renewal. 6 8. No municipality or county shall require any forms or documents for 7 fire protection system inspections, testing, and maintenance beyond what 8 is in the scope of the fire code of the state of New York and document 9 NFPA 25. All forms and documentation required shall come from the build- 10 ing owner or their legal representative. 11 9. Building owners or their legal representatives shall cause a copy 12 of all fire protection system inspection forms for their properties to 13 be forwarded to the appropriate code enforcement office within thirty 14 business days of completion of inspection. 15 10. Code enforcement offices shall review all fire protection 16 inspection, testing and maintenance forms and documents for system defi- 17 ciencies that are noted, and determine time limitations of correction of 18 deficiencies noted on fire protection system inspection reports with the 19 appropriate building owner or their legal representative. 20 § 910. Fees. 1. The fee for a license to engage in the business of 21 layout, installing, servicing, repairing, inspecting, testing, or main- 22 taining of water-based fire protection systems shall be two hundred 23 dollars. For each renewal thereof, the fee shall be one hundred dollars. 24 2. The fee for issuing a duplicate certificate or license in substi- 25 tution for one lost, destroyed, or mutilated shall be twenty-five 26 dollars. 27 3. The fee for changing a name or address shall be ten dollars. 28 4. The department may charge a fee for the issuance of a specialist 29 license, which shall not exceed one hundred and fifty dollars. 30 5. Any journeyperson or apprentice license issued pursuant to this 31 article shall be valid for a period of two years. A licensee may renew 32 his/her license upon the payment of a fifty dollar renewal fee. Each 33 renewal license shall be valid for a two-year period. 34 6. The fees set forth herein shall be for registrations, certificates, 35 and licenses issued for the period of two years or for a fraction of 36 such period. 37 § 911. Suspension and revocation of licenses. 1. A license to engage 38 in the business of layout, installing, servicing, repairing, inspecting, 39 testing, or maintaining of water-based fire protection systems may be 40 suspended or revoked, or in lieu thereof a fine not exceeding one thou- 41 sand dollars per violation payable to the department may be imposed or a 42 reprimand issued by the department or board, for any one or more of the 43 following causes: 44 (a) fraud or bribery in securing a license; 45 (b) the making of any false statement as to a material matter in any 46 application or other statement or certificate required by or pursuant to 47 this article; 48 (c) incompetence; 49 (d) failure to display the license as provided in this article; 50 (e) violation of any provision of this article, or of any rule or 51 regulation adopted hereunder; 52 (f) conviction of a felony involving fraud, theft, perjury or bribery 53 or other cause which would permit disqualifications from receiving a 54 license upon the original application;S. 5684--A 19 1 (g) failure to supervise as defined in this article the installation 2 of the fire protection system covered by the building permit signed by 3 the RME; 4 (h) (i) a violation of any provision of this article or of any rule 5 adopted and promulgated pursuant to this article or (ii) the failure or 6 refusal to comply with any notice or order to correct a violation or any 7 cease and desist order by any RME or business holding a license is cause 8 for denial, non-renewal, revocation, or suspension of a person acting as 9 an RME qualifier for a license or license by the department after such 10 officer has determined guilt of such violation; 11 (i) improper layout, installing, servicing, repairing, inspecting, 12 testing, or maintaining a water-based fire protection system or private 13 underground water supply main connecting to the system; 14 (j) rendering inoperative a water-based fire protection system except 15 during such time as the system is being inspected, tested, serviced, 16 repaired, or maintained, or except pursuant to a court order; 17 (k) while holding a certificate or license, (i) allow another person 18 to use the certificate or license number, or (ii) use a certificate or 19 license number other than the valid certificate or license number; and 20 (l) fail to provide proof of insurance to the department or fail to 21 maintain in force the insurance coverage required by this article. 22 2. An order of suspension shall state the period of time of such 23 suspension, which period may not be in excess of two years from the date 24 of such order. Such orders shall affect suspension or revocation of an 25 RME qualifier or licenses then held by the business entity and during 26 such period of time no license shall be issued to such business entity. 27 During the suspension or revocation of any license, the former holder 28 shall not engage in or attempt or profess to engage in any transaction 29 or business for which a license is required under this chapter or 30 directly or indirectly own, control, or be employed in any manner by any 31 firm, business, or corporation for which a license under this chapter is 32 required. If, during the period between the beginning of proceedings and 33 the entry of an order of suspension or revocation by the department, a 34 new license has been issued to the business entity so charged, the order 35 of suspension or revocation shall operate to suspend or revoke such new 36 license held by such business entity. 37 3. The department shall not, so long as the revocation or suspension 38 remains in effect, grant any new license for the establishment of any 39 new firm, business, or corporation of any person, business partnership, 40 or qualifier that has or will have the same or similar management, 41 ownership, control, employees, or license holders, or will use a same or 42 similar name as a previously revoked or suspended firm, business, corpo- 43 ration, person, or qualifier. In addition, the department shall not 44 issue a new license if it finds that the circumstances for which the 45 license was previously revoked or suspended still exist or are likely to 46 recur. 47 4. Whenever the license to engage in the business of layout, install- 48 ing, inspecting, servicing, testing, repairing, or maintaining of 49 water-based fire protection systems is revoked, such license shall not 50 be reinstated or reissued until after the expiration of a period of five 51 years from the date of such revocation. 52 5. The filing of a petition in bankruptcy, either voluntary or invol- 53 untary, or the making of a composition of creditors or the appointment 54 of a receiver for the business entity's license may be considered by the 55 department as just cause for suspension of a license.S. 5684--A 20 1 6. The lapse or suspension of a license by operation of law or by 2 order of the department or a court or its voluntary surrender by a 3 license holder does not deprive the department to investigate or act in 4 disciplinary proceedings against the license holder. 5 7. Application for a license following a revocation of a previous 6 license in any category for a water-based fire protection contractor 7 shall follow all procedures for obtaining a new license. 8 § 912. Hearing on charges; decision. No certificate or license shall 9 be suspended or revoked nor shall any fine or reprimand be imposed until 10 after a hearing had before an officer or employee of the department, 11 designated for such purpose by the department, upon notice to the 12 certificate or license holder of at least ten days. The department 13 shall consider the recommendations of the board. The notice shall be 14 served either personally or by registered mail and shall state the date 15 and place of hearing and set forth the ground or grounds constituting 16 the charges against the certificate or license holder. The certificate 17 or license holder shall have the opportunity to be heard in his defense 18 either in person or by counsel and may produce witnesses and testify in 19 his behalf. A stenographic record of the hearing shall be taken and 20 preserved. The hearing may be adjourned from time to time. The person 21 conducting the hearing shall make a written report of his findings and a 22 recommendation to the department for decision. The department shall 23 review such findings and the recommendation and, after due deliberation, 24 shall issue an order accepting, modifying or rejecting such recommenda- 25 tion and dismissing the charges or suspending or revoking the certif- 26 icate or license or in lieu thereof imposing a fine or reprimand upon 27 the certificate or license holder. For the purpose of this article, the 28 department or any officer or employee of the department designated by 29 the secretary of state, may administer oaths, take testimony, subpoena 30 witnesses and compel the production of books, papers, records, photo- 31 graphs, and documents deemed pertinent to the subject of investigation. 32 § 913. Judicial review. The action of the department in suspending, 33 revoking or refusing to issue or renew a certificate or license, or 34 imposing a fine or reprimand on the holder thereof may be reviewed by a 35 proceeding brought under and pursuant to article seventy-eight of the 36 civil practice law and rules. 37 § 914. Violations and penalties. Any person or business entity who 38 shall directly or indirectly engage in the business of layout, install- 39 ing, servicing, repairing, inspecting, testing, or maintaining water- 40 based fire protection systems or hold oneself out to the public as being 41 able so to do without a license therefor, or who shall violate any of 42 the provisions of this article, or having had a license suspended or 43 revoked, shall continue to engage in the business of layout, installing, 44 servicing, repairing, inspecting, testing, or maintaining water-based 45 fire protection systems or who, without a license to engage in the busi- 46 ness of layout, installing, servicing, repairing, inspecting, testing, 47 or maintaining water-based fire protection systems, directly or indi- 48 rectly employs, permits or authorizes an uncertified person to engage in 49 the business of layout, installing, servicing, repairing, inspecting, 50 testing, or maintaining water-based fire protection systems, shall be 51 guilty of a misdemeanor and, upon conviction, shall be punishable by 52 imprisonment of not more than six months, or by a fine of not more than 53 one thousand dollars or by both such fine and imprisonment upon the 54 first conviction and by imprisonment of not more than one year or by a 55 fine of not less than one thousand dollars nor more than five thousand 56 dollars or by both such fine and imprisonment upon a subsequentS. 5684--A 21 1 conviction. Each violation of this article shall be deemed a separate 2 offense. 3 § 915. Official acts used as evidence. The official acts of the secre- 4 tary of state and the department shall be prima facie evidence of the 5 facts therein and shall be entitled to be received in evidence in all 6 actions at law and other legal proceedings in any court or before any 7 board, body or officer. 8 § 916. Disposition of fees. Fees collected pursuant to this article 9 shall be paid into an appropriate account for the department pursuant to 10 the state finance law, for administration of this article. All remaining 11 moneys derived from the operation of this article shall on or before the 12 tenth day of each month be paid into the general fund of the state trea- 13 sury to the credit of the state purposes account therein. 14 § 917. Severability. If any part or provision of this article or the 15 application thereof to any person or circumstance be adjudged invalid by 16 any court of competent jurisdiction, such judgment shall be confined in 17 its operation to the part, provision or application directly involved in 18 the controversy in which such judgment shall have been rendered and 19 shall not affect or impair the validity of the remainder of this article 20 or the application thereof to other persons or circumstances and the 21 legislature hereby declares that it would have enacted this article or 22 the remainder thereof had the invalidity of such provision or applica- 23 tion thereof been apparent. 24 § 918. Applicability. 1. This article shall not apply to water-based 25 fire suppression work in New York city or Nassau county or Suffolk coun- 26 ty. Any municipality or local governmental agency located in New York 27 city or Nassau county or Suffolk county may require other licenses or 28 evidence of a person's competence to layout, install, repair, inspect, 29 test, or maintain all types of water-based fire protection systems and 30 components. Nothing in this section shall be construed to imply a holder 31 of a New York city or Nassau county or Suffolk county license or 32 licenses as having any standing outside the boundaries of New York city 33 or Nassau county or Suffolk county. 34 2. This article shall not apply to: 35 (a) a person who performs water-based fire suppression work with 36 respect to any one- or two- family dwelling owned or leased by that 37 person; or 38 (b) a person who, while employed by a public utility or its affiliate, 39 performs water-based fire suppression work in connection with the 40 furnishing of public utility service; or 41 (c) any work covered by any national, state or municipal electrical 42 code including but not limited to pull stations, strobes, heat detec- 43 tors, smoke detectors, fire alarms or bells, and any electrical wiring 44 including conduit connected to raceway control cabinets. 45 3. The provisions of this article shall govern notwithstanding any 46 other law to the contrary; provided, however, that local law shall 47 govern with respect to inspection of water-based fire protection systems 48 by a code enforcement official under such local law and local laws to 49 the contrary shall not diminish the level established by the provisions 50 of the currently adopted edition of NFPA 25, the New York State Fire 51 Prevention and Building Code, which shall be considered a statewide 52 minimum level of inspection criteria for water-based fire protection 53 systems, or more restrictive local standards; and provided, further, 54 that this article shall not be held to invalidate any provision of the 55 laws of this state or any subdivision thereof unless there is a direct 56 conflict between the provision of this article and the provision of suchS. 5684--A 22 1 law or unless such law is duplicative of this article, in which case 2 this article shall prevail. No local law shall require any fee, license 3 or certificate for the layout, installing, servicing, repairing, 4 inspecting, testing, or maintaining of water-based fire protection 5 systems, except when the fire sprinkler company is located within a 6 political jurisdiction who then may apply business licensure criteria 7 consistent with fees imposed on other businesses. 8 4. Nothing in this act limits the power of a municipality or county to 9 regulate the quality and character of work performed by contractors 10 through a system of permits, fees, and inspections which are designed to 11 secure compliance with, and aid in the implementation of, state and 12 local building laws or to enforce other local laws for the protection of 13 the public health and safety. However, business certificates shall not 14 be required unless the company operates offices or facilities within the 15 jurisdiction. 16 5. Nothing in this act limits the power of a municipality or county to 17 adopt any system of permits requiring submission to and approval by the 18 municipality or county of plans and specifications for work to be 19 performed by contractors before commencement of the work, except that no 20 municipality or county shall require a water-based fire protection 21 system contractor's shop drawings to be sealed by a professional engi- 22 neer. 23 6. Any elected or appointed official authorized to issue building or 24 fire protection or other related permits shall ascertain that the appli- 25 cant contractor is duly certified before issuing the permit. The 26 evidence shall consist only of the exhibition to him or her of evidence 27 of the current water-based fire protection license. If the fire 28 protection contractor is not known at the time of permit request by a 29 general contractor or other party applying for permit, the required 30 information above shall be supplied before any above ground fire 31 protection work commences. Any permits at state or local levels for the 32 layout, installing, servicing, repairing, inspecting, testing, or main- 33 taining or repair of a water-based fire protection system may only be 34 issued to a licensed water-based fire protection contractor of the 35 appropriate classification to conduct the work. 36 § 919. Contractual agreements. 1. Any portion of any agreement or 37 contract for or in connection with, or any guarantee of or in connection 38 with any layout, installing, servicing, repairing, inspecting, testing, 39 maintaining, or demolition of a water-based fire protection system 40 between an owner of real property or general contractor and the water- 41 based fire protection system contractor wherein any party referred to 42 herein promises to indemnify or hold harmless the other party to the 43 agreement, contract, or guarantee for liability for damages to persons 44 or property caused in part by any act, omission, or default of the 45 indemnitee arising from the contract or its performance, shall be void 46 and unenforceable unless the contract contains a monetary limitation on 47 the extent of the indemnification that bears a reasonable commercial 48 relationship to the contract and is part of the project specifications 49 or bid documents, if any. Notwithstanding the foregoing, the monetary 50 limitation on the extent of the indemnification provided to the owner of 51 real property by any party in privities of contract with such owner 52 shall not be less than one million dollars per occurrence, unless other- 53 wise agreed by the parties. Indemnification provisions in any such 54 agreements, contracts, or guarantees may not require that the indemnitor 55 indemnify the indemnitee for damages to persons or property caused byS. 5684--A 23 1 the sole negligence of another party, or in whole or in part by any act, 2 omission, or default of a party other than: 3 (a) the indemnitor; 4 (b) any of the indemnitor's contractors, subcontractors, sub-subcon- 5 tractors, materialspersons, or agents of any tier or their respective 6 employees; or 7 (c) the indemnitee or its officers, directors, agents, or employees. 8 However, such indemnification shall not include claims of, or damages 9 resulting from, gross negligence, or willful, wanton or intentional 10 misconduct of the indemnitee or its officers, directors, agents or 11 employees, or for statutory violation or punitive damages except and to 12 the extent the statutory violation or punitive damages are caused by or 13 result from the acts or omissions of the indemnitor or any of the 14 indemnitor's contractors, subcontractors, sub-subcontractors, material- 15 spersons, or agents of any tier or their respective employees. 16 2. A construction contract for a public agency or in connection with a 17 public agency's project may not require one party to indemnify, defend, 18 or hold harmless the other party, its employees, officers, directors, or 19 agents from any liability, damage, loss, claim, action, or proceeding, 20 and any such contract provision is void as against public policy of this 21 state. 22 3. This section shall not apply to any contracts, agreements, or guar- 23 antees entered into before the effective date of this section but 24 affects renewals thereof when such renewal takes place after the effec- 25 tive date of this section. 26 4. Water-based fire protection contractors shall be granted sufficient 27 time to inspect any perceived construction defect in a building that 28 they may disprove or accept as in their purview before any legal actions 29 or suits are brought forth. If a contractor takes responsibility for the 30 defect, reasonable time shall be allowed for the contractor or its 31 representative or representatives to correct without fear of any legal 32 actions or suit. A water-based fire protection contractor shall not be 33 held liable for economic damages caused by others. 34 5. The owner has an obligation to install fire protection systems in 35 compliance with adopted fire protection system standards. 36 § 2. The general business law is amended by adding a new section 905 37 to read as follows: 38 § 905. Licensing and certification requirements for existing contrac- 39 tor. An existing contractor shall be entitled to a license under this 40 article if such contractor shall present to the department: 1. satisfac- 41 tory evidence that the business has been actively engaged in the proper 42 class of contracting in the scope of the license applied for in layout, 43 installing, servicing, repairing, inspecting, testing, or maintaining of 44 water-based fire protection systems as a contractor I, contractor II, or 45 contractor III within the state for at least five years within the peri- 46 od of six years immediately prior to the effective date of this article; 47 or 48 2. proof of proper insurance as a water-based fire protection contrac- 49 tor within the state and proof of five years insurance immediate to 50 application as a water-based fire protection contractor. Proof of five 51 years insurance shall include the latest NCCI Rating Sheet for workers' 52 compensation showing the appropriate code for fire sprinkler fitters. No 53 license issued pursuant to the provisions of this section shall be 54 renewed.S. 5684--A 24 1 § 3. This act shall take effect on the first of January next succeed- 2 ing the date upon which it shall have become a law; provided, however, 3 that: 4 a. section 905 of the general business law as added by section one of 5 this act shall expire and be deemed repealed one year after the effec- 6 tive date of this act, when upon such date, the provisions of section 7 two of this act shall take effect; and 8 b. section 905 of the general business law as added by section two of 9 this act shall expire and be deemed repealed two years after the effec- 10 tive date of this act.