Text: HF02587 Text: HF02589 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 100.39, unnumbered paragraph 1, Code 1 2 2001, is amended to read as follows: 1 3 All buildings approved for construction after July 1, 1998, 1 4 that exceed four stories in height, or seventy-five feet above 1 5 grade, shall require the installation of an approved automatic 1 6 fire extinguishing system designed and installed in conformity 1 7 with rulespromulgatedadopted by the state fire marshal 1 8 pursuant to this chapter and chapter 100C. 1 9 Sec. 2. NEW SECTION. 100C.1 DEFINITIONS. 1 10 As used in this chapter unless the context otherwise 1 11 requires: 1 12 1. "Responsible managing employee" means an individual 1 13 employed full-time by a water-based fire protection system 1 14 contractor who is an owner, partner, or officer or in a 1 15 management position with such a contractor, or is a registered 1 16 architect, licensed professional engineer, or person certified 1 17 by the national institute for certification in engineering 1 18 technologies at level III or level IV in fire protection 1 19 technology, automatic sprinkler system layout, or another 1 20 nationally recognized certification in automatic sprinkler 1 21 system layout recognized by the state fire marshal. 1 22 2. "Water-based fire protection system" means a system of 1 23 overhead piping that is designed in accordance with fire 1 24 protection engineering standards, usually activated by heat 1 25 from a fire and which, when activated, discharges water over a 1 26 fire area supplied from an acceptable water supply which is 1 27 specially sized or hydraulically designed and installed in a 1 28 building, structure, or fire area to which fire sprinklers are 1 29 connected, and which includes a controlling valve and usually 1 30 a device for actuating an alarm when the system is in 1 31 operation. Only the portion of the water-based fire 1 32 protection system which is separate from the domestic water 1 33 system is considered the water-based fire protection system. 1 34 Water-based fire protection systems include wet-pipe 1 35 systems, dry-pipe systems, foam-water systems, pre-action 2 1 systems, deluge systems, water mist systems, combined dry pipe 2 2 and pre-action systems, fire pumps, fire protection water 2 3 storage tanks, antifreeze systems, and circulating closed-loop 2 4 systems. 2 5 3. "Water-based fire protection system contractor" means a 2 6 person engaged in the business of installation, repair, 2 7 alteration, maintenance, or postconstruction inspection of 2 8 water-based fire protection systems but does not include an 2 9 individual employed by or working under the direction of such 2 10 a contractor. 2 11 Sec. 3. NEW SECTION. 100C.2 ADMINISTRATION – RULES. 2 12 The state fire marshal shall administer this chapter and 2 13 may adopt rules pursuant to chapter 17A which the state fire 2 14 marshal considers necessary to such administration. 2 15 Sec. 4. NEW SECTION. 100C.3 CONTRACTOR CERTIFICATE – 2 16 APPLICATION – FEE – RENEWAL. 2 17 1. A water-based fire protection system contractor who 2 18 installs, repairs, alters, maintains, or provides 2 19 postconstruction inspection services in this state shall 2 20 obtain a contractor certificate as provided in this chapter. 2 21 2. A water-based fire protection system contractor may 2 22 apply to the state fire marshal for a contractor certificate. 2 23 The application shall be made on a form prescribed by the 2 24 state fire marshal and shall include a certificate fee not to 2 25 exceed two hundred fifty dollars. Each applicant must 2 26 designate a responsible managing employee, and may include a 2 27 qualified alternate or alternates, on the application, and the 2 28 name of the responsible managing employee and alternates shall 2 29 appear on the certificate with that of the water-based fire 2 30 protection system contractor upon issuance of the certificate. 2 31 Proof of insurance as required by section 100C.4 shall also 2 32 accompany the application. 2 33 3. Within thirty days of the receipt by the state fire 2 34 marshal of a completed application, proof of insurance, and 2 35 the certification fee, the state fire marshal shall issue a 3 1 certificate to the water-based fire protection system 3 2 contractor. 3 3 4. A certificate shall expire on June 30 of the second 3 4 year following issuance. An application form for renewal for 3 5 an additional two-year period shall be filed at least thirty 3 6 days prior to expiration on a form prescribed by the state 3 7 fire marshal and shall be accompanied by a renewal fee not to 3 8 exceed one hundred fifty dollars and a sworn affidavit that 3 9 the responsible managing employee is currently employed by the 3 10 water-based fire protection system contractor. A water-based 3 11 fire protection system contractor who fails to apply for the 3 12 renewal within the time stated in this subsection must make a 3 13 new application for a certificate. 3 14 5. A responsible managing employee may act as a 3 15 responsible managing employee for only one water-based fire 3 16 protection system contractor at a time. If a responsible 3 17 managing employee terminates the responsible managing 3 18 employee's association with a water-based fire protection 3 19 system contractor, the water-based fire protection system 3 20 contractor shall notify the state fire marshal within thirty 3 21 days after termination. The responsible managing employee 3 22 shall not be designated as the responsible managing employee 3 23 for more than three water-based fire protection system 3 24 contractors in any twelve-month period. The state fire 3 25 marshal shall revoke the certificate of a water-based fire 3 26 protection system contractor whose responsible managing 3 27 employee has terminated the responsible managing employee's 3 28 association with the water-based fire protection system 3 29 contractor unless the water-based fire protection system 3 30 contractor has included a qualified alternate on the 3 31 application or an application designating a new responsible 3 32 managing employee is filed on a form prescribed by the state 3 33 fire marshal within three months after termination. 3 34 Sec. 5. NEW SECTION. 100C.4 INSURANCE. 3 35 A water-based fire protection system contractor shall 4 1 maintain general and completed operations liability insurance 4 2 for the installation, repair, alteration, maintenance, and 4 3 postconstruction inspection of water-based fire protection 4 4 systems providing at least one million dollars of coverage. 4 5 Sec. 6. NEW SECTION. 100C.5 APPLICABILITY – EXCEPTIONS. 4 6 This chapter shall not apply to a person licensed as a 4 7 professional engineer or registered as an architect in this 4 8 state who is qualified to perform water-based fire protection 4 9 engineering or architectural services. 4 10 Sec. 7. NEW SECTION. 100C.6 PENALTIES. 4 11 1. A person who violates any provision of this chapter is 4 12 guilty of a simple misdemeanor. 4 13 2. The state fire marshal may impose a civil penalty of up 4 14 to two hundred fifty dollars on a person who violates any 4 15 provision of this chapter for each day a violation occurs. A 4 16 violation of any provision of this chapter shall also 4 17 constitute grounds for revocation of a contractor certificate. 4 18 Sec. 8. NEW SECTION. 100C.7 DEPOSIT AND USE OF MONEYS 4 19 COLLECTED. 4 20 Moneys or fees collected pursuant to this chapter by the 4 21 state fire marshal shall be deposited in the general fund of 4 22 the state and the moneys are appropriated to the state fire 4 23 marshal for the purpose of administering this chapter. 4 24 EXPLANATION 4 25 This bill provides for the regulation of certain fire 4 26 protection system contractors by the state fire marshal. The 4 27 state fire marshal is given the authority to adopt rules and 4 28 administer the provisions of this new Code chapter. 4 29 New Code section 100C.1 defines "water-based fire 4 30 protection system", "water-based fire protection system 4 31 contractor", and "responsible managing employee" of the 4 32 contractor. 4 33 New Code section 100C.2 requires the state fire marshal to 4 34 administer this chapter and to adopt rules pursuant to chapter 4 35 17A as necessary. 5 1 New Code section 100C.3 requires water-based fire 5 2 protection system contractors to apply for a certificate from 5 3 the state fire marshal in order to install, repair, alter, or 5 4 provide postconstruction services of water-based fire 5 5 protection systems in this state. The new Code section 5 6 requires an application to list a responsible managing 5 7 employee of the contractor who shall meet certain 5 8 qualifications. The certificate is valid until June 30 5 9 following the second year after issuance and is renewable for 5 10 a two-year period. The bill applies a fee of not more than 5 11 $250 for a certificate and $150 for renewal of a certificate. 5 12 New Code section 100C.4 requires a water-based fire 5 13 protection system contractor to have at least $1 million of 5 14 insurance coverage. 5 15 New Code section 100C.5 provides that the new Code chapter 5 16 does not apply to a person licensed as a professional engineer 5 17 or registered as an architect who is qualified to perform 5 18 water-based fire protection engineering or architectural 5 19 services. 5 20 New Code section 100C.6 provides that a person who violates 5 21 the provisions of this new Code chapter is guilty of a simple 5 22 misdemeanor. In addition, the state fire marshal is given the 5 23 authority to impose civil penalties of up to $250 per person 5 24 per day of violation. A violation also constitutes grounds 5 25 for revocation of a contractor certificate. 5 26 New Code section 100C.7 appropriates moneys collected from 5 27 fees pursuant to this new Code chapter to the state fire 5 28 marshal to administer this new Code chapter. 5 29 LSB 7156HZ 79 5 30 av/cls/14
Text: HF02587 Text: HF02589 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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