Senate Amendment 5128 PAG LIN 1 1 Amend House File 2200, as passed by the House, as 1 2 follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 <Section 1. Section 100.1, Code Supplement 2003, 1 6 is amended by adding the following new subsection: 1 7 NEW SUBSECTION. 7. To administer the fire 1 8 extinguishing system contractor certification program 1 9 established in chapter 100C. 1 10 Sec. . NEW SECTION. 100C.1 DEFINITIONS. 1 11 As used in this chapter, unless the context 1 12 otherwise requires: 1 13 1. "Automatic dry=chemical extinguishing system" 1 14 means a system supplying a powder composed of small 1 15 particles, usually of sodium bicarbonate, potassium 1 16 bicarbonate, urea=potassium=based bicarbonate, 1 17 potassium chloride, or monoammonium phosphate, with 1 18 added particulate material supplemented by special 1 19 treatment to provide resistance to packing, resistance 1 20 to moisture absorption, and the proper flow 1 21 capabilities. 1 22 2. "Automatic fire extinguishing system" means a 1 23 system of devices and equipment that automatically 1 24 detects a fire and discharges an approved fire 1 25 extinguishing agent onto or in the area of a fire and 1 26 includes automatic sprinkler systems, carbon dioxide 1 27 extinguishing systems, deluge systems, automatic dry= 1 28 chemical extinguishing systems, foam extinguishing 1 29 systems, halogenated extinguishing systems, or other 1 30 equivalent fire extinguishing technologies recognized 1 31 by the fire extinguishing system contractors advisory 1 32 board. 1 33 3. "Automatic sprinkler system" means an 1 34 integrated fire protection sprinkler system usually 1 35 activated by heat from a fire designed in accordance 1 36 with fire protection engineering standards and 1 37 includes a suitable water supply. The portion of the 1 38 system above the ground is a network of specially 1 39 sized or hydraulically designed piping installed in a 1 40 structure or area, generally overhead, and to which 1 41 automatic sprinklers are connected in a systematic 1 42 pattern. 1 43 4. "Carbon dioxide extinguishing system" means a 1 44 system supplying carbon dioxide from a pressurized 1 45 vessel through fixed pipes and nozzles and includes a 1 46 manual or automatic actuating mechanism. 1 47 5. "Deluge system" means a sprinkler system 1 48 employing open sprinklers attached to a piping system 1 49 connected to a water supply through a valve that is 1 50 opened by the operation of a detection system 2 1 installed in the same area as the sprinklers. 2 2 6. "Fire extinguishing system contractor" means a 2 3 person engaging in or representing oneself to the 2 4 public as engaging in the activity or business of 2 5 layout, installation, repair, alteration, addition, 2 6 maintenance, or maintenance inspection of automatic 2 7 fire extinguishing systems in this state. 2 8 7. "Foam extinguishing system" means a special 2 9 system discharging foam made from concentrates, either 2 10 mechanically or chemically, over the area to be 2 11 protected. 2 12 8. "Halogenated extinguishing system" means a fire 2 13 extinguishing system using one or more atoms of an 2 14 element from the halogen chemical series of fluorine, 2 15 chlorine, bromine, and iodine. 2 16 9. "Maintenance inspection" means periodic 2 17 inspection and certification completed by a fire 2 18 extinguishing system contractor. For purposes of this 2 19 chapter, "maintenance inspection" does not include an 2 20 inspection completed by a local building official, 2 21 fire inspector, or insurance inspector, when acting in 2 22 an official capacity. 2 23 10. "Responsible managing employee" means an 2 24 owner, partner, officer, or manager employed full=time 2 25 by a fire extinguishing system contractor who has any 2 26 of the following qualifications: 2 27 a. Is certified by the national institute for 2 28 certification in engineering technologies at a level 2 29 III in fire protection technology, automatic sprinkler 2 30 system layout, or another recognized certification in 2 31 automatic sprinkler system layout recognized by rules 2 32 adopted by the fire marshal pursuant to section 2 33 100C.7. 2 34 b. Is a professional engineer registered in this 2 35 state having at least three years experience with 2 36 automatic fire extinguishing systems. 2 37 c. Meets any other criteria established by rule 2 38 under this chapter. 2 39 Sec. . NEW SECTION. 100C.2 CERTIFICATION == 2 40 EMPLOYEES. 2 41 1. A person shall not act as a fire extinguishing 2 42 system contractor without first obtaining a fire 2 43 extinguishing system contractor's certificate pursuant 2 44 to this chapter. 2 45 2. A responsible managing employee may act as a 2 46 responsible managing employee for only one fire 2 47 extinguishing system contractor at a time. The 2 48 responsible managing employee shall not be designated 2 49 as the responsible managing employee for more than two 2 50 fire extinguishing system contractors in any twelve= 3 1 month period. 3 2 3. An employee of a certified fire extinguishing 3 3 system contractor working under the direction of a 3 4 responsible managing employee is not required to 3 5 obtain and maintain an individual fire extinguishing 3 6 system contractor's certificate. 3 7 Sec. . NEW SECTION. 100C.3 APPLICATION == 3 8 INFORMATION TO BE PROVIDED. 3 9 1. A fire extinguishing system contractor shall 3 10 apply for a certificate on a form prescribed by the 3 11 state fire marshal. The application shall be 3 12 accompanied by a fee in an amount prescribed by rule 3 13 pursuant to section 100C.7 and shall include all of 3 14 the following information: 3 15 a. The name, address, and telephone number of the 3 16 contractor, including all legal and fictitious names. 3 17 b. Proof of insurance coverage required by section 3 18 100C.4. 3 19 c. The name and qualifications of the person 3 20 designated as the contractor's responsible managing 3 21 employee and of persons designated as alternate 3 22 responsible managing employees. 3 23 d. Any other information deemed necessary by the 3 24 state fire marshal. 3 25 2. Upon receipt of a completed application and 3 26 prescribed fees, if the contractor meets all 3 27 requirements established by this chapter, the state 3 28 fire marshal shall issue a certificate to the fire 3 29 extinguishing system contractor within thirty days. 3 30 3. Certificates shall expire and be renewed as 3 31 established by rule pursuant to section 100C.7. 3 32 4. Any change in the information provided in the 3 33 application shall be promptly reported to the state 3 34 fire marshal. When the employment of a responsible 3 35 managing employee is terminated, the fire 3 36 extinguishing system contractor shall notify the state 3 37 fire marshal within thirty days after termination. 3 38 Sec. . NEW SECTION. 100C.4 INSURANCE. 3 39 A fire extinguishing system contractor shall 3 40 maintain general and complete operations liability 3 41 insurance for the layout, installation, repair, 3 42 alteration, addition, maintenance, and inspection of 3 43 automatic fire extinguishing systems in an amount 3 44 determined by the state fire marshal by rule. 3 45 Sec. . NEW SECTION. 100C.5 SUSPENSION AND 3 46 REVOCATION. 3 47 1. The state fire marshal shall suspend or revoke 3 48 the certificate of any fire extinguishing system 3 49 contractor who fails to maintain compliance with the 3 50 conditions necessary to obtain a certificate. A 4 1 certificate may also be suspended or revoked if any of 4 2 the following occur: 4 3 a. The employment or relationship of a responsible 4 4 managing employee with a fire extinguishing system 4 5 contractor is terminated, unless the fire 4 6 extinguishing system contractor has included a 4 7 qualified alternate on the application or an 4 8 application designating a new responsible managing 4 9 employee is filed with the state fire marshal within 4 10 six months after the termination. 4 11 b. The contractor fails to comply with any 4 12 provision of this chapter. 4 13 c. The contractor fails to comply with any other 4 14 applicable codes and ordinances. 4 15 2. If a certificate is suspended pursuant to this 4 16 section, the certificate shall not be reinstated until 4 17 the condition or conditions which led to the 4 18 suspension have been corrected. 4 19 3. The state fire marshal shall adopt rules 4 20 pursuant to section 100C.7 for the acceptance and 4 21 processing of complaints against certificate holders, 4 22 for procedures to suspend and revoke certificates, and 4 23 for appeals of decisions to suspend or revoke 4 24 certificates. 4 25 Sec. . NEW SECTION. 100C.6 APPLICABILITY. 4 26 This chapter shall not be construed to do any of 4 27 the following: 4 28 1. Relieve any person from payment of any local 4 29 permit or building fee. 4 30 2. Limit the power of the state or a political 4 31 subdivision of the state to regulate the quality and 4 32 character of work performed by fire extinguishing 4 33 system contractors through a system of fees, permits, 4 34 and inspections designed to ensure compliance with, 4 35 and aid in the administration of, state and local 4 36 building codes or to enforce other local laws for the 4 37 protection of the public health and safety. 4 38 Sec. . NEW SECTION. 100C.7 ADMINISTRATION == 4 39 RULES. 4 40 The state fire marshal shall administer this 4 41 chapter and, after consultation with the fire 4 42 extinguishing system contractors advisory board, shall 4 43 adopt rules pursuant to chapter 17A necessary for the 4 44 administration and enforcement of this chapter. 4 45 Sec. . NEW SECTION. 100C.8 PENALTIES. 4 46 1. A person who violates any provision of this 4 47 chapter is guilty of a simple misdemeanor. 4 48 2. The state fire marshal may impose a civil 4 49 penalty of up to five hundred dollars on any person 4 50 who violates any provision of this chapter for each 5 1 day a violation continues. The state fire marshal may 5 2 adopt rules necessary to enforce and collect any 5 3 penalties imposed pursuant to this chapter. 5 4 Sec. . NEW SECTION. 100C.9 DEPOSIT AND USE OF 5 5 MONEYS COLLECTED. 5 6 1. All fees assessed pursuant to this chapter 5 7 shall be retained as repayment receipts by the 5 8 division of fire protection in the department of 5 9 public safety and such fees received shall be used 5 10 exclusively to offset the costs of administering this 5 11 chapter. 5 12 2. Notwithstanding section 8.33, fees collected by 5 13 the division of fire protection that remain 5 14 unencumbered or unobligated at the close of the fiscal 5 15 year shall not revert but shall remain available for 5 16 expenditure for the purposes designated until the 5 17 close of the succeeding fiscal year. 5 18 Sec. . NEW SECTION. 100C.10 FIRE 5 19 EXTINGUISHING SYSTEM CONTRACTORS ADVISORY BOARD. 5 20 1. A fire extinguishing system contractors 5 21 advisory board is established in the division of fire 5 22 protection of the department of public safety and 5 23 shall advise the state fire marshal on matters 5 24 pertaining to the application and certification of 5 25 fire extinguishing system contractors pursuant to this 5 26 chapter. 5 27 2. The board shall consist of seven voting members 5 28 appointed by the commissioner of public safety as 5 29 follows: 5 30 a. Two full=time fire officials of incorporated 5 31 municipalities or counties. 5 32 b. One full=time building official of an 5 33 incorporated municipality or county. 5 34 c. Two fire extinguishing system contractors, 5 35 certified pursuant to this chapter, of which at least 5 36 one shall be a water=based fire sprinkler contractor. 5 37 d. One professional engineer or architect licensed 5 38 in the state. 5 39 e. One representative of the general public. 5 40 3. The state fire marshal, or the state fire 5 41 marshal's designee, shall be a nonvoting ex officio 5 42 member of the board. 5 43 4. The commissioner shall initially appoint two 5 44 members for two=year terms, two members for four=year 5 45 terms, and three members for six=year terms. 5 46 Following the expiration of the terms of initially 5 47 appointed members, each term thereafter shall be for a 5 48 period of six years. No member shall serve more than 5 49 two consecutive terms. 5 50 5. Each voting member of the council shall receive 6 1 per diem compensation at the rate specified in section 6 2 7E.6 for each day spent in the performance of the 6 3 member's duties. All members of the council shall 6 4 receive actual and necessary expenses incurred in the 6 5 performance of their duties. 6 6 6. Four voting members of the advisory board shall 6 7 constitute a quorum. A majority vote of the board 6 8 shall be required to conduct business.> 6 9 #2. Title page, line 1, by inserting after the 6 10 word <including> the following: <the establishment of 6 11 a fire extinguishing system contractor certification 6 12 program in the office of the state fire marshal,>. 6 13 #3. Title page, line 2, by striking the word 6 14 <marshal> and inserting the following: <marshal,>. 6 15 #4. Title page, by striking line 4 and inserting 6 16 the following: <providing for fees and penalties.> 6 17 #5. By renumbering as necessary. 6 18 6 19 6 20 6 21 COMMITTEE ON JUDICIARY 6 22 DONALD B. REDFERN, Chairperson 6 23 HF 2200.202 80 6 24 kk/sh -1-