Bill Text: NY S06761 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to fire suppression systems and licensing professionals to perform authorized work on fire suppression systems.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2022-05-16 - referred to economic development [S06761 Detail]
Download: New_York-2021-S06761-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6761--B Cal. No. 1023 2021-2022 Regular Sessions IN SENATE May 14, 2021 ___________ Introduced by Sens. SAVINO, ADDABBO, MANNION, MATTERA, SEPULVEDA -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said commit- tee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote recon- sidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general business law, in relation to fire suppression systems and licensing professionals to perform authorized work on fire suppression systems The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. (a) The legislature hereby finds that: 2 (1) The manner in which fire suppression or sprinkler systems are 3 constructed, installed, maintained and inspected have a direct and 4 substantial impact on public safety. 5 (2) Improper construction, installation, maintenance or inspection of 6 fire suppression systems by persons lacking adequate education, training 7 and experience can lead to serious injuries, death and substantial prop- 8 erty damage. 9 (3) Promulgating a code establishing minimum qualification standards 10 for work performed on fire suppressions systems, including criteria for 11 the education, training, testing and licensing of persons performing 12 such work will promote public safety. 13 (b) It is the intent of the legislature and this act: 14 (1) To ensure that work on fire suppression systems is performed by 15 persons who have sufficient education, training and experience in such 16 work. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11453-04-2S. 6761--B 2 1 (2) To ensure that adequate qualification standards are maintained 2 through adherence of proper education, training, testing and licensing 3 requirements for those engaged in the sprinkler fitting trades. 4 (3) To establish a state board of examiners for the sprinkler fitting 5 industry to ensure proper qualification and examination of persons 6 performing work on fire suppression systems and to ensure proper adher- 7 ence to and enforcement of the requirements of this act and applicable 8 regulations issued pursuant to this act. 9 § 2. The general business law is amended by adding a new article 40-A 10 to read as follows: 11 ARTICLE 40-A 12 FIRE SUPPRESSION SYSTEMS 13 Section 930. Definitions. 14 931. Authorized work on fire suppression systems. 15 932. State board of examiners for the sprinkler fitting indus- 16 try. 17 933. Powers and duties of the state board of examiners for the 18 sprinkler fitting industry. 19 934. Sprinkler fitter license. 20 935. Sprinkler fitter apprentice and helper permits. 21 936. Fire suppression system inspector. 22 937. Reciprocity. 23 938. Transitional grace period. 24 939. Registry of sprinkler fitter licenses and permits. 25 940. Violations. 26 941. Penalties. 27 942. Enforcement. 28 943. Severability. 29 § 930. Definitions. As used in this article, unless the context 30 requires otherwise: 31 (a) "Fire suppression system" means an automatic or manual system 32 designed to protect occupants and/or buildings or structures from fire. 33 Such systems include, but are not limited to, water sprinkler, water 34 spray, foam-water, foam-water spray, carbon dioxide, foam extinguishing, 35 wet chemical, halogenated and other chemical systems used for fire 36 protection. Such systems also include the supply mains, yard hydrants, 37 standpipes, tank heaters, hose connections to sprinkler systems, air 38 lines and thermal systems used in connection with sprinklers and pumps 39 dedicated for fire suppression. 40 (b) "Fire suppression system inspector" means a person licensed under 41 this article to perform inspections on fire suppression systems. 42 (c) "Fire suppression system inspector license" means a license issued 43 to a fire suppression system inspector pursuant to this article author- 44 izing the person to perform inspections on fire suppression systems. 45 (d) "Public employer" shall mean (i) the state of New York, (ii) a 46 county, city, town, village or any other political subdivision 47 or civil division of the state, (iii) a school district or any govern- 48 mental entity operating a public school, college or university, 49 (iv) a public improvement or special district, (v) a public authority, 50 commission or public benefit corporation, or (vi) any other public 51 corporation, agency, instrumentality or unit of government which exer- 52 cises governmental power under the laws of the state. 53 (e) "Sprinkler fitter" means a person, other than an apprentice or 54 helper regulated under this article, who performs work on a fire 55 suppression system as defined by this section.S. 6761--B 3 1 (f) "Sprinkler fitter apprentice" means a person who is enrolled in a 2 sprinkler fitter apprenticeship program and is learning and working on 3 fire suppression systems under the supervision of another person certi- 4 fied in accordance with the provisions of this article. 5 (g) "Sprinkler fitter apprentice permit" means a permit issued to an 6 apprentice sprinkler fitter pursuant to this article authorizing the 7 person to perform work on fire suppression systems. 8 (h) "Sprinkler fitter apprenticeship program" means an apprenticeship 9 training program that is approved by the U.S. department of labor, 10 bureau of apprenticeship and training or a state apprenticeship agency 11 and consists of a minimum of eight thousand hours of documented practi- 12 cal experience in work on fire suppression systems, combined with a 13 minimum of seven hundred twenty hours of related instruction, including 14 classroom or shop instruction, in the sprinkler fitter trade. 15 (i) "Sprinkler fitter helper" means a person who works on fire 16 suppression systems under the direct supervision of a licensed sprinkler 17 fitter. 18 (j) "Sprinkler fitter helper permit" means a permit issued to a sprin- 19 kler fitter helper pursuant to this article authorizing the person to 20 perform work on fire suppression systems under the direct supervision of 21 a licensed sprinkler fitter. 22 (k) "Sprinkler fitter license" means a license issued to a sprinkler 23 fitter pursuant to this article authorizing the person to perform work 24 on fire suppression systems. 25 (l) "State board of examiners for the sprinkler fitting industry" or 26 "board" means the board of examiners created pursuant to this article. 27 (m) "Work on a fire suppression system" means the construction, 28 installation, alteration, renovation, removal, repair, servicing, main- 29 tenance or testing of fire suppression systems, unless specifically 30 excluded by the provisions of this article. 31 § 931. Authorized work on fire suppression systems. (a) No person 32 within the jurisdiction of this state may perform work on a fire 33 suppression system unless he or she: 34 (1) Possesses a sprinkler fitter license, sprinkler fitter apprentice 35 or helper permit or fire suppression system inspector license issued 36 pursuant to this article; 37 (2) Performs work on portable fire extinguishers or work on dry stand- 38 pipes that are not connected to a fire suppression system; 39 (3) Is employed as a state or local fire official; or 40 (4) Performs work on fire suppression systems of a public employer as 41 an employee of such public employer. 42 (b) No person may employ a person or cause or direct a person to 43 perform work on a fire suppression system unless the person performing 44 such work possesses a sprinkler fitter license, sprinkler fitter appren- 45 tice or helper permit or fire suppression system inspector license 46 issued pursuant to this article. 47 (c) No person, corporation, partnership or other business entity may 48 perform or contract to perform work on fire suppression systems except 49 through persons who possess a sprinkler fitter license, sprinkler fitter 50 apprentice or helper permit or fire suppression system inspector license 51 issued pursuant to this article. 52 (d) The requirements of this article do not apply to work on fire 53 suppression systems in New York city, Nassau county or Suffolk county, 54 or to work on fire suppression systems of a public employer performed by 55 employees of such public employer.S. 6761--B 4 1 (e) Nothing in this article shall prevent any political subdivision of 2 the state from enacting local legislation that establishes qualification 3 standards for the sprinkler fitter trade that exceed the requirements of 4 this article. 5 § 932. State board of examiners for the sprinkler fitting industry. 6 (a) There is hereby established in the safety and health license and 7 certification unit of the department of labor a state board of examiners 8 for the sprinkler fitting industry. 9 (b) Composition. The board shall consist of seven members appointed by 10 the governor, with advice and consent of the senate, as follows: 11 (1) one representative from the division of homeland security and 12 emergency services, office of fire prevention and control; 13 (2) one representative from the department of state, division of 14 building standards and codes; 15 (3) one fire suppression contractor; 16 (4) one licensed fire protection engineer; 17 (5) one sprinkler fitter licensed in accordance with this article; 18 (6) one representative from the New York state pipe trades associ- 19 ation; and 20 (7) one representative from the New York state apprenticeship and 21 training council. 22 § 933. Powers and duties of the state board of examiners for the 23 sprinkler fitting industry. In addition to all other powers and duties 24 conferred or imposed upon the board, the board is authorized and 25 empowered to: 26 (a) elect its own officers and prescribe their duties; 27 (b) grant sprinkler fitter licenses and permits to duly qualified 28 applicants as provided in this article; 29 (c) establish fees that are reasonable and necessary to defray the 30 cost of administering this article; 31 (d) promulgate, adopt, amend, and repeal such rules and regulations, 32 not inconsistent with the laws of this state, as may be necessary for 33 the orderly conduct of its affairs and the administration of this arti- 34 cle; 35 (e) enforce the provisions of this article and any codes, rules or 36 regulations hereunder through inspections, audits, citations, civil 37 penalties, and any other appropriate means; 38 (f) subpoena records and documents, conduct hearings and compel the 39 attendance of witnesses pursuant to an investigation or a hearing of the 40 board; 41 (g) bring a suit, in any court of competent jurisdiction, to cause the 42 enjoinder of all persons violating this article. When seeking an injunc- 43 tion, the board shall not be required to prove that an adequate remedy 44 at law does not exist or that substantial or irreparable damages would 45 result if an injunction is not granted; 46 (h) establish and administer or contract out to a recognized third- 47 party certifier for examinations as required for licenses under this 48 article and determine satisfactory performance for these examinations; 49 (i) revoke or suspend a license or permit issued under this article, 50 or reprimand persons for incompetence or any violations of this article 51 or rules or regulations of the board; and 52 (j) establish a procedure for reinstating licenses or permits that 53 have been revoked or suspended, including the use of retesting proce- 54 dures. 55 § 934. Sprinkler fitter license. (a) To obtain a sprinkler fitter 56 license under this article, an applicant must:S. 6761--B 5 1 (1) pay an application fee established by the board; and 2 (2) provide evidence demonstrating that he or she has successfully 3 completed a sprinkler fitter apprenticeship program and has passed a 4 sprinkler fitter license examination established by the board; or 5 (3) meet the requirements of section nine hundred thirty-seven or nine 6 hundred thirty-eight of this article. 7 (b) All persons holding a sprinkler fitter license under this article 8 shall complete a minimum of eight hours annually of education and skill 9 training on fire suppression systems, provided: 10 (1) courses for such training shall be pre-approved by the board and 11 evidence of completion of continuing education requirements shall be 12 submitted to the board with the application for license renewal; and 13 (2) the continuing education requirement does not apply until the 14 conclusion of the first full year after initial issuance of a person's 15 sprinkler fitter license. 16 (c) A sprinkler fitter license under this article shall be valid for a 17 period of three years from date of issue. 18 (d) The board shall renew for a period of three years licenses or 19 permits as provided by this article upon receiving a completed renewal 20 application and required fee as determined by the board. 21 (e) Any person who is issued a sprinkler fitter license shall be 22 issued a photo identification card and shall maintain such card in his 23 or her possession at all times when performing work on fire suppression 24 systems. 25 § 935. Sprinkler fitter apprentice and helper permits. (a) To obtain a 26 sprinkler fitter apprentice permit, an applicant must: 27 (1) pay an application fee established by the board; 28 (2) complete an application for an apprentice permit established by 29 the board; and 30 (3) present evidence in a form acceptable to the board, demonstrating 31 that the applicant is enrolled in a sprinkler fitter apprenticeship 32 program. 33 (b) The sprinkler fitter apprentice permit shall state that it is 34 valid only if the person to whom it is issued remains enrolled in a 35 sprinkler fitter apprenticeship program. This permit shall be valid for 36 a period of three years from the date of issuance and may be renewed 37 once upon submission of a renewal application and a renewal fee deter- 38 mined by the board. 39 (c) To obtain a sprinkler fitter helper permit, an applicant must: 40 (1) pay an application fee established by the board; 41 (2) complete an application for a helper permit by the board; and 42 (3) present evidence in a form acceptable to the board demonstrating 43 that the applicant is employed as a sprinkler fitter helper that shall 44 include specific acknowledgement from the applicant and his or her 45 employer that the applicant is only authorized to work under the direct 46 supervision of a licensed sprinkler fitter. 47 (d) A sprinkler fitter helper permit shall state that the person 48 possessing it may only perform work on fire suppression systems under 49 the direct supervision of a licensed sprinkler fitter on a one-on-one 50 basis. This permit shall be valid for a period of eighteen months from 51 the date of issuance and shall not be eligible for renewal. 52 (e) Any person who is issued a sprinkler fitter apprentice or helper 53 permit shall be issued a photo identification card and shall maintain 54 such card in his or her possession at all times when performing work on 55 fire suppression systems.S. 6761--B 6 1 § 936. Fire suppression system inspector. (a) To obtain a fire 2 suppression system inspector license, an applicant must: 3 (1) pay an application fee established by the board; 4 (2) complete an application for a fire suppression system inspector 5 license established by the board that provides evidence in a form 6 acceptable to the board of one of the following: 7 (A) at least two thousand hours of experience in the inspection of 8 fire suppression systems; 9 (B) completion of a sprinkler fitter apprenticeship program; or 10 (C) possession of a level one certificate from the national institute 11 for certification for engineering technologies for inspection and test- 12 ing for water based fire protection systems; and 13 (3) complete an examination established by the board for a fire 14 suppression system inspector. 15 (b) The board shall renew for a period of three years a fire 16 suppression system inspector license upon receiving a completed renewal 17 application and required fee as determined by the board. 18 (c) Any person who is issued a fire suppression system inspector 19 license shall be issued a photo identification card and shall maintain 20 such card in his or her possession at all times when performing 21 inspections on fire suppression systems. 22 § 937. Reciprocity. (a) The board may issue a reciprocity sprinkler 23 fitter license or fire suppression system inspector license, without 24 examination to any currently practicing, competent sprinkler fitter or 25 fire suppression system inspector who holds a similar authorization 26 granted by any other state according to the laws of such state which has 27 qualification requirements substantially similar to, or greater than, 28 those established under this article; provided that the other state 29 grants authorization to any competent person holding a license under 30 this article. 31 (b) The board may issue a sprinkler fitter license or fire suppression 32 system inspector license pursuant to this section to any person who: 33 (1) Completes an application for sprinkler fitter license or fire 34 suppression system inspector license by reciprocity established by the 35 board; 36 (2) Presents competent evidence in a form acceptable to the board 37 demonstrating that the applicant is a currently practicing, competent 38 person who holds a similar authorization granted by any other state 39 according to the laws of such state which has qualification requirements 40 substantially similar to, or greater than, those established under this 41 article; and 42 (3) Pays the appropriate fees established by the board. 43 § 938. Transitional grace period. (a) There shall be a one-year peri- 44 od from the effective date of this article that shall serve as a grace 45 period for all persons applying for sprinkler fitter licenses and fire 46 suppression inspector licenses. 47 (b) During the one-year grace period no person shall be required to 48 possess a sprinkler fitter license, apprentice or helper permit or fire 49 suppression system inspector license, provided he or she has submitted 50 the necessary application for such credentials within one hundred eighty 51 days from the effective date of this article. 52 (c) The board shall issue a sprinkler fitter license without examina- 53 tion to any person who submits an application for a sprinkler fitter 54 license during the one hundred eighty day period after the effective 55 date of this article, provided the applicant pays the required applica- 56 tion fee and submits evidence demonstrating he or she has:S. 6761--B 7 1 (1) completed a sprinkler fitter apprenticeship program; or 2 (2) performed at least eight thousand hours of documented practical 3 experience of work on fire suppression systems within the past eight 4 years. 5 (d) The board shall issue a fire suppression inspector license without 6 examination to any person who submits an application for a fire 7 suppression inspector license during the one hundred eighty day period 8 after the effective date of this article, provided the applicant pays 9 the required application fee and submits evidence demonstrating he or 10 she has: 11 (1) At least two thousand hours of experience in the inspection of 12 fire suppression systems; 13 (2) Completion of a sprinkler fitter apprenticeship program; or 14 (3) Possession of a level one certificate from the national institute 15 for certification for engineering technologies for inspection and test- 16 ing for water based fire protection systems. 17 (e) Initial applications for sprinkler fitter apprentice or helper 18 permits shall be submitted by applicants within one hundred eighty days 19 from the effective date of this article in accordance with the require- 20 ments of section nine hundred thirty-five of this article. 21 § 939. Registry of sprinkler fitter licenses and permits. (a) The 22 board shall establish a fire suppression system technician registry to 23 maintain a central registry of the names of all persons to whom it has 24 issued fire suppression system inspector licenses, sprinkler fitter 25 licenses and sprinkler fitter permits. 26 (b) The fire suppression system technician registry shall be main- 27 tained on a publicly accessible website and shall be updated on a month- 28 ly basis. 29 § 940. Violations. It shall be unlawful and a violation of this arti- 30 cle for any person to: 31 (a) perform work on a fire suppression system without possessing an 32 applicable license or permit as required by this article; 33 (b) employ a person or cause or direct a person to perform work on a 34 fire suppression system unless the person performing such work holds an 35 applicable license or permit as required by this article; 36 (c) engage in other conduct prohibited by section nine hundred thir- 37 ty-three of this article; 38 (d) obtain a license or permit required by this article through fraud 39 or intentional or reckless misrepresentation; 40 (e) impersonate another person, use an expired or revoked license or 41 permit issued pursuant to this article or allow another person to use a 42 license or permit not issued to such person; 43 (f) give false or forged evidence of any kind to the board or any 44 member thereof in an application for the issuance or renewal of a 45 license or permit under this article; or 46 (g) knowingly or recklessly make a material false statement regarding 47 a person's license, or permit or status with intent to influence, 48 persuade, or induce an individual to contract for services regulated 49 under this article. 50 § 941. Penalties. (a) The board shall revoke or suspend a license or 51 permit issued under this article, or reprimand a license or permit hold- 52 er for incompetence or any violation of this article or rules or regu- 53 lations of the board issued pursuant to this article. 54 (b) Any person who violates any provision of this article or any 55 applicable rule, regulation, permit or other order of the board shall be 56 subject to a civil penalty of not less than five hundred dollars and notS. 6761--B 8 1 more than one thousand dollars for each act or violation. Each day a 2 person performs work on a fire suppression system without a required 3 license or permit as required by this article shall constitute a sepa- 4 rate violation. 5 (c) A person who willfully violates this article or any applicable 6 rule or regulation adopted pursuant to this article shall be guilty of a 7 misdemeanor. 8 (d) In addition to any other penalties provided in this section, a 9 person, corporation or other business entity that knowingly employs or 10 directs a person to perform work on a fire suppression system in 11 violation of this article shall forfeit any business or contractor 12 license, registration or certificate issued by the state for a period of 13 not less than one year and not more than three years, as determined by 14 the state attorney general. For purposes of this section, the term 15 "knowingly" shall mean actions that are willful or taken with deliberate 16 ignorance or reckless disregard of the requirements of this article. 17 § 942. Enforcement. (a) The requirements of this article will be 18 enforced by the board in conjunction with the licensure and certif- 19 ication unit within the department of labor. 20 (b) The licensure and certification unit within the department of 21 labor shall inspect project work sites where work on fire suppression 22 systems is being performed to ensure that persons performing such work 23 possess applicable licenses and permits required by this article. 24 (c) In any circumstances where the licensure and certification unit 25 within the department of labor determines that work on fire suppression 26 systems is being performed in violation of this article, it shall issue 27 or cause to be issued a stop work order requiring that all such work 28 cease and require that such work shall not be resumed until a full 29 investigation has been undertaken and verification has been made that 30 all work on the fire suppression system in question has been performed 31 by duly authorized persons. 32 § 943. Severability. To the extent that any section or portion of this 33 article is deemed invalid by a reviewing court, the remainder of this 34 article shall be unaffected by such ruling. 35 § 3. This act shall take effect on the one hundred eightieth day after 36 it shall have become a law. Effective immediately, the addition, amend- 37 ment and/or repeal of any rule or regulation necessary for the implemen- 38 tation of this act on its effective date are authorized to be made and 39 completed on or before such effective date.
