H.F. 2491 Section 1. Section 100C.6, subsection 4, Code Supplement 1 2009, is amended to read as follows: 2 4. Relieve any person engaged in fire sprinkler protection 3 system installation, maintenance, repair, service, or 4 inspection as defined in section 100D.1 from obtaining a fire 5 sprinkler protection system installer and maintenance worker 6 license as required pursuant to chapter 100D. 7 Sec. 2. Section 100D.1, subsections 1, 5, and 8, Code 8 Supplement 2009, are amended to read as follows: 9 1. “Apprentice sprinkler fitter” fire protection system 10 installer and maintenance worker” means a person who is 11 registered in an apprenticeship program approved by the 12 United States department of labor who is engaged in learning 13 the fire protection system industry trade under the direct 14 supervision of a responsible managing employee of a certified 15 fire extinguishing system contractor or licensed fire 16 sprinkler protection system installer and maintenance worker 17 and who is registered with the United States department of 18 labor, office of apprenticeship other than a trainee . 19 5. “Fire protection system” means a sprinkler, standpipe, 20 hose system, special hazard system, dry systems, foam systems, 21 or any water-based fire protection system, either whether 22 engineered or pre-engineered and whether manual or 23 automatically activated, used for fire protection purposes 24 that is composed of which may include an integrated system of 25 underground and overhead piping and which may be connected to 26 a water source. For licensing purposes only “fire protection 27 system” does not include the water service piping to a structure 28 or building from a city water main. 29 8. “Fire sprinkler protection system installer and 30 maintenance worker” means a person who, having the necessary 31 qualifications, training, experience, and technical knowledge, 32 conducts fire protection system installation and maintenance, 33 and who is licensed by the department. 34 Sec. 3. Section 100D.1, Code Supplement 2009, is amended by 35 -1- LSB 5421HV (3) 83 jr/rj 1/ 9

H.F. 2491 adding the following new subsections: 1 NEW SUBSECTION . 9. “Responsible managing employee” means 2 an owner, partner, officer, or manager employed full-time 3 by a fire extinguishing system contractor who is certified 4 by the national institute for certification in engineering 5 technologies at a level three in fire protection technology, 6 automatic sprinkler system layout, or another certification in 7 automatic sprinkler system layout recognized by rules adopted 8 by the fire marshal pursuant to section 100C.7 or who meets any 9 other criteria established by rule. 10 NEW SUBSECTION . 9A. “Routine maintenance” means the repair 11 or replacement of existing fire protection system components of 12 the same size and type for which no changes in configuration 13 are made, and does not include any new installation or the 14 expansion or extension of any existing fire protection system. 15 NEW SUBSECTION . 10. “Trainee” means a person who is engaged 16 in learning the fire protection system industry trade under 17 the direct supervision of a responsible managing employee of a 18 certified fire extinguishing system contractor or licensed fire 19 protection system installer and maintenance worker and who is 20 not registered with the United States department of labor. 21 Sec. 4. Section 100D.2, subsections 1 and 2, Code Supplement 22 2009, are amended to read as follows: 23 1. On or after January 1, 2010, a person shall not perform 24 fire protection system installations or fire protection 25 system maintenance without holding a current, valid fire 26 sprinkler protection system installer and maintenance worker 27 license issued pursuant to this chapter . , with the following 28 exceptions: 29 a. An employee of a fire extinguishing system contractor 30 working as an apprentice sprinkler fitter fire protection 31 system installer and maintenance worker performing fire 32 protection system installation or maintenance under the 33 direct supervision of an on-site responsible managing employee 34 or licensed fire sprinkler protection system installer and 35 -2- LSB 5421HV (3) 83 jr/rj 2/ 9

H.F. 2491 maintenance worker is not required to hold a current, valid 1 fire sprinkler protection system installer and maintenance 2 worker license. 3 b. A person who installs or demolishes walls, ceilings, 4 flooring, insulation, or associated materials or a person who 5 demolishes sprinkler pipe fire protection system components is 6 not subject to the provisions of this chapter except when the 7 work involves a complete sprinkler system. A person is not 8 required to be licensed in order to demolish part of a system 9 or a partial system, provided that the system is taken out of 10 service. If a system is restored to service after having been 11 taken out of service, the restoration work must be performed 12 by a person licensed pursuant to this chapter or a responsible 13 managing employee. 14 c. A person who is a responsible managing employee of a 15 fire extinguishing system contractor is not required to hold a 16 current, valid fire sprinkler protection system installer and 17 maintenance worker license , in order to perform fire protection 18 system installations or maintenance . 19 d. A trainee who works at all times under the direct 20 supervision of a licensed fire protection system installer and 21 maintenance worker, other than an unclassified person, may 22 be licensed to work on either special hazard fire protection 23 systems, pre-engineered fire protection systems, or both, but 24 shall not be licensed to perform installation or maintenance on 25 an engineered water-based fire protection system. A trainee 26 license may be renewed once and a person may work as a trainee 27 for a maximum of four years. 28 2. A licensed fire sprinkler protection system installer 29 and maintenance worker must be present at all locations 30 and at all times when fire protection system installation 31 work is being performed. At least one licensed fire 32 sprinkler protection system installer and maintenance 33 worker must be present for every three apprentice sprinkler 34 fitters fire protection system installers and maintenance 35 -3- LSB 5421HV (3) 83 jr/rj 3/ 9

H.F. 2491 workers or trainees performing work related to fire protection 1 system installation. 2 Sec. 5. Section 100D.2, subsection 6, Code Supplement 2009, 3 is amended by striking the subsection. 4 Sec. 6. Section 100D.3, Code Supplement 2009, is amended to 5 read as follows: 6 100D.3 Fire sprinkler protection system installer and 7 maintenance worker license. 8 1. The state fire marshal shall issue a fire sprinkler 9 protection system installer and maintenance worker license to 10 an applicant who meets all of the following requirements: 11 a. Possesses a minimum of four years of employment 12 experience as an apprentice sprinkler fitter. 13 b. a. Has completed a United States department of 14 labor fire protection apprenticeship program approved by the 15 United States department of labor, or has completed two years 16 of full-time employment or the equivalent thereof as a trainee . 17 c. b. Is employed by a fire extinguishing system 18 contractor. However, an applicant whose work on extinguishing 19 systems will be restricted to systems on property owned or 20 controlled by the applicant’s employer may obtain a license if 21 the employer is not a certified contractor. 22 d. c. Has received a passing score on the national 23 inspection, testing, and certification star fire sprinkler 24 mastery exam or on an equivalent exam from a nationally 25 recognized third-party testing agency that is approved by 26 the state fire marshal, or is certified at level one by 27 the national institute for certification in engineering 28 technologies based on general work elements, as defined 29 by the national institute for certification in engineering 30 technologies, and as specified by rule by the state fire 31 marshal , or is certified by another entity approved by the fire 32 marshal . 33 2. The holder of a fire sprinkler protection system 34 installer and maintenance worker license shall be responsible 35 -4- LSB 5421HV (3) 83 jr/rj 4/ 9

H.F. 2491 for license fees, renewal fees, and continuing education hours. 1 3. The license of a fire sprinkler protection system 2 installer and maintenance worker licensee who ceases to be 3 employed by a fire extinguishing system contractor shall 4 continue to be valid until it would otherwise expire, but the 5 licensee shall not perform work requiring licensure under 6 this chapter until the licensee is again employed by a fire 7 extinguishing system contractor. If the licensee becomes 8 employed by a fire extinguishing system contractor other than 9 the contractor which employed the licensee at the time the 10 license was issued, the licensee shall notify the fire marshal 11 and shall apply for an amendment to the license. The fire 12 marshal may establish by rule a fee for amending a license. 13 This subsection shall not extend the time period during which a 14 license is valid. This subsection does not apply to a licensee 15 whose work on extinguishing systems is restricted to systems on 16 property owned or controlled by the licensee’s employer. 17 4. The fire marshal, by rule, may restrict the scope of work 18 authorized by a license. 19 Sec. 7. Section 100D.4, subsections 1 and 2, Code Supplement 20 2009, are amended to read as follows: 21 1. An applicant for a fire sprinkler protection 22 system installer and maintenance worker license or renewal of 23 an active license shall provide evidence of a public liability 24 insurance policy and surety bond in an amount determined 25 sufficient by the fire marshal by rule. 26 2. If the applicant is engaged in fire sprinkler protection 27 system installer and maintenance worker work individually 28 through a business conducted as a sole proprietorship, the 29 applicant shall personally obtain the insurance and surety 30 bond required by this section. If the applicant is engaged in 31 the fire sprinkler protection system installer and maintenance 32 worker business as an employee or owner of a legal entity, 33 then the insurance and surety bond required by this section 34 shall be obtained by the entity and shall cover all fire 35 -5- LSB 5421HV (3) 83 jr/rj 5/ 9

H.F. 2491 sprinkler protection system installer and maintenance worker 1 work performed by the entity. 2 Sec. 8. Section 100D.5, subsection 1, Code Supplement 2009, 3 is amended to read as follows: 4 1. Adopt After consultation with the fire extinguishing 5 system contractors and alarm systems advisory board established 6 pursuant to section 100C.10, adopt rules pursuant to chapter 7 17A necessary for the administration and enforcement of this 8 chapter. 9 Sec. 9. Section 100D.8, Code Supplement 2009, is amended to 10 read as follows: 11 100D.8 Provisional licensure. 12 1. An applicant for licensure under this chapter as a fire 13 sprinkler protection system installer and maintenance worker 14 who possesses a minimum of four years of experience as an 15 apprentice sprinkler fitter fire protection system installer 16 and maintenance worker and who has not successfully passed the 17 licensure examination or achieved certification as required 18 pursuant to section 100D.3 by January 1, 2010, shall be issued 19 a license as a fire sprinkler protection system installer and 20 maintenance worker for a period ending no later than June 21 30 December 31 , 2010. A provisional license shall be granted 22 upon presentation of satisfactory evidence to the fire marshal 23 demonstrating experience and competency in conducting fire 24 protection system installations and fire protection system 25 maintenance according to criteria to be determined by the fire 26 marshal in rule. 27 2. An applicant issued a provisional license pursuant 28 to this section shall pass the licensure examination or 29 achieve certification on or before June 30 December 31 , 2010, 30 in order to remain licensed as a fire sprinkler protection 31 system installer and maintenance worker. A provisional license 32 fee shall be established by the fire marshal by rule. No 33 provisional licenses shall be issued after April July 1, 2010. 34 Sec. 10. Section 100D.9, subsection 1, Code Supplement 35 -6- LSB 5421HV (3) 83 jr/rj 6/ 9

H.F. 2491 2009, is amended to read as follows: 1 1. An applicant for licensure under this chapter, who 2 is employed as a fire sprinkler protection system installer 3 and maintenance worker as of July 1, 2008, shall be issued 4 a license upon presentation of satisfactory evidence to the 5 department of at least eight thousand five hundred hours of 6 experience as a fire sprinkler protection system installer and 7 maintenance worker and one of the following: 8 a. Presentation of a certificate of completion of a United 9 States department of labor, office of apprenticeship, four-year 10 or five-year protection system apprenticeship program , approved 11 by the United States department of labor . 12 b. A passing score on the national inspection, testing and 13 certification star fire sprinkler mastery exam or an equivalent 14 exam from a nationally recognized third-party testing agency 15 that is approved by the state fire marshal. 16 c. Certification , based upon general work elements, 17 as defined by the national institute for certification in 18 engineering technologies, at level I by the national institute 19 for certification in engineering technologies, and or another 20 entity as specified by rule by the state fire marshal. 21 Sec. 11. Section 100D.10, Code Supplement 2009, is amended 22 to read as follows: 23 100D.10 Reciprocal licenses. 24 To the extent that another state provides for the licensing 25 of fire sprinkler protection system installers and maintenance 26 workers or similar action, the state fire marshal may issue 27 a fire sprinkler protection system installer and maintenance 28 worker license, without examination, to a nonresident fire 29 sprinkler protection system installer and maintenance worker 30 who has been licensed by such other state for at least three 31 years provided such other state grants the same reciprocal 32 licensing privileges to residents of Iowa who have obtained 33 a fire sprinkler protection system installer and maintenance 34 worker license upon payment by the applicant of the required 35 -7- LSB 5421HV (3) 83 jr/rj 7/ 9

H.F. 2491 fee and upon furnishing proof that the qualifications of the 1 applicant are equal to the qualifications of holders of similar 2 licenses in this state. 3 Sec. 12. Section 100D.11, subsection 2, Code Supplement 4 2009, is amended to read as follows: 5 2. The provisions of this chapter shall not be construed 6 to apply to a person employed full time as a custodian for a 7 school corporation, hospital, or public facility, who performs 8 fire sprinkler maintenance work involving no more than one 9 sprinkler head or nozzle only performing routine maintenance . 10 Sec. 13. Section 100D.13, subsection 1, unnumbered 11 paragraph 1, Code Supplement 2009, is amended to read as 12 follows: 13 The state fire marshal may issue a temporary fire 14 sprinkler protection system installer and maintenance worker 15 license to a person, providing that all of the following 16 conditions are met: 17 Sec. 14. Section 100D.13, subsection 1, paragraphs a and e, 18 Code Supplement 2009, are amended to read as follows: 19 a. The person is currently licensed or certified to perform 20 work as a fire sprinkler protection system installer and 21 maintenance worker in another state. 22 e. The person intends to perform work as a fire 23 sprinkler protection system installer and maintenance worker 24 only in areas of this state which are covered by a disaster 25 emergency declaration issued by the governor pursuant to 26 section 29C.6. 27 Sec. 15. Section 272C.1, subsection 6, paragraph af, Code 28 Supplement 2009, is amended to read as follows: 29 af. The department of public safety, in licensing fire 30 sprinkler protection system installers and maintenance workers 31 pursuant to chapter 100D. 32 EXPLANATION 33 Under current law, persons who perform fire protection 34 system installation or fire protection system maintenance must 35 -8- LSB 5421HV (3) 83 jr/rj 8/ 9

H.F. 2491 be licensed as a fire sprinkler installer and maintenance 1 worker. This bill changes that designation to fire protection 2 system installer and maintenance worker. 3 The bill also revises apprenticeship requirements for 4 trainees. The bill eliminates references to a four-year 5 apprenticeship and instead requires completion of a fire 6 protection apprenticeship program approved by the United States 7 department of labor, or completion of two years of full-time 8 employment as a trainee. Under the bill the fire marshal, by 9 rule, may restrict the scope of work authorized by a license. 10 The bill eliminates a current provision which allows a 11 governmental subdivision that administers an inspection program 12 relating to the installation of a fire protection system on 13 July 31, 2009, to continue that inspection program. 14 The bill provides that persons who demolish part of a system 15 do not need to be licensed, if the system is taken out of 16 service. The bill also allows a company manager to supervise 17 the work of an apprentice or to perform system restoration 18 work, if the manager is certified in fire protection 19 technology. 20 The bill eliminates current language which exempts from the 21 Code chapter custodians in schools, hospitals, and government 22 facilities performing sprinkler maintenance. The bill adds a 23 general exemption for routine maintenance. 24 The bill extends the period for temporary licensure, pending 25 passage of the examination, from June 30, 2010, to December 31, 26 2010. 27 -9- LSB 5421HV (3) 83 jr/rj 9/ 9