Senate Study Bill 3066 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to the licensure of persons engaged in fire 1 protection system installation, maintenance, repair, 2 service, or inspection. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5421DP (5) 83 jr/rj
S.F. _____ H.F. _____ 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 1 -1- LSB 5421DP (5) 83 jr/rj 1/ 9
S.F. _____ H.F. _____ adding the following new subsections: 2 NEW SUBSECTION . 9. “Responsible managing employee” means 3 an owner, partner, officer, or manager employed full-time 4 by a fire extinguishing system contractor who is certified 5 by the national institute for certification in engineering 6 technologies at a level three in fire protection technology, 7 automatic sprinkler system layout, or another certification in 8 automatic sprinkler system layout recognized by rules adopted 9 by the fire marshal pursuant to section 100C.7 or who meets any 10 other criteria established by rule. 11 NEW SUBSECTION . 10. “Trainee” means a person who is engaged 12 in learning the fire protection system industry trade under 13 the direct supervision of a responsible managing employee of a 14 certified fire extinguishing system contractor or licensed fire 15 protection system installer and maintenance worker and who is 16 not registered with the United States department of labor. 17 Sec. 4. Section 100D.2, subsections 1 and 2, Code Supplement 18 2009, are amended to read as follows: 19 1. On or after January 1, 2010, a person shall not perform 20 fire protection system installations or fire protection 21 system maintenance without holding a current, valid fire 22 sprinkler protection system installer and maintenance worker 23 license issued pursuant to this chapter . , with the following 24 exceptions: 25 a. An employee of a fire extinguishing system contractor 26 working as an apprentice sprinkler fitter fire protection 27 system installer and maintenance worker performing fire 28 protection system installation or maintenance under the 29 direct supervision of an on-site responsible managing employee 30 or licensed fire sprinkler protection system installer and 31 maintenance worker is not required to hold a current, valid 32 fire sprinkler protection system installer and maintenance 33 worker license. 34 b. A person who installs or demolishes walls, ceilings, 35 flooring, insulation, or associated materials or a person who 1 -2- LSB 5421DP (5) 83 jr/rj 2/ 9
S.F. _____ H.F. _____ demolishes sprinkler pipe fire protection system components is 2 not subject to the provisions of this chapter except when the 3 work involves a complete sprinkler system. A person is not 4 required to be licensed in order to demolish part of a system 5 or a partial system, provided that the system is taken out of 6 service. If a system is restored to service after having been 7 taken out of service, the restoration work must be performed 8 by a person licensed pursuant to this chapter or a responsible 9 managing employee. 10 c. A person who is a responsible managing employee of a 11 fire extinguishing system contractor is not required to hold a 12 current, valid fire sprinkler protection system installer and 13 maintenance worker license , in order to perform fire protection 14 system installations or maintenance . 15 d. A trainee who works at all times under the direct 16 supervision of a licensed fire protection system installer and 17 maintenance worker, other than an unclassified person, may 18 be licensed to work on either special hazard fire protection 19 systems, pre-engineered fire protection systems, or both, but 20 shall not be licensed to perform installation or maintenance on 21 an engineered water-based fire protection system. A trainee 22 license may be renewed once and a person may work as a trainee 23 for a maximum of four years. 24 2. A licensed fire sprinkler protection system installer 25 and maintenance worker must be present at all locations 26 and at all times when fire protection system installation 27 work is being performed. At least one licensed fire 28 sprinkler protection system installer and maintenance 29 worker must be present for every three apprentice sprinkler 30 fitters fire protection system installers and maintenance 31 workers or trainees performing work related to fire protection 32 system installation. 33 Sec. 5. Section 100D.2, subsection 6, Code Supplement 2009, 34 is amended by striking the subsection. 35 Sec. 6. Section 100D.3, Code Supplement 2009, is amended to 1 -3- LSB 5421DP (5) 83 jr/rj 3/ 9
S.F. _____ H.F. _____ read as follows: 2 100D.3 Fire sprinkler protection system installer and 3 maintenance worker license. 4 1. The state fire marshal shall issue a fire sprinkler 5 protection system installer and maintenance worker license to 6 an applicant who meets all of the following requirements: 7 a. Possesses a minimum of four years of employment 8 experience as an apprentice sprinkler fitter. 9 b. a. Has completed a United States department of 10 labor fire protection apprenticeship program approved by the 11 United States department of labor, or has completed two years 12 of full-time employment or the equivalent thereof as a trainee . 13 c. b. Is employed by a fire extinguishing system 14 contractor. However, an applicant whose work on extinguishing 15 systems will be restricted to systems on property owned or 16 controlled by the applicant’s employer may obtain a license if 17 the employer is not a certified contractor. 18 d. c. Has received a passing score on the national 19 inspection, testing, and certification star fire sprinkler 20 mastery exam or on an equivalent exam from a nationally 21 recognized third-party testing agency that is approved by 22 the state fire marshal, or is certified at level one by 23 the national institute for certification in engineering 24 technologies based on general work elements, as defined 25 by the national institute for certification in engineering 26 technologies, and as specified by rule by the state fire 27 marshal , or is certified by another entity approved by the fire 28 marshal . 29 2. The holder of a fire sprinkler protection system 30 installer and maintenance worker license shall be responsible 31 for license fees, renewal fees, and continuing education hours. 32 3. The license of a fire sprinkler protection system 33 installer and maintenance worker licensee who ceases to be 34 employed by a fire extinguishing system contractor shall 35 continue to be valid until it would otherwise expire, but the 1 -4- LSB 5421DP (5) 83 jr/rj 4/ 9
S.F. _____ H.F. _____ licensee shall not perform work requiring licensure under 2 this chapter until the licensee is again employed by a fire 3 extinguishing system contractor. If the licensee becomes 4 employed by a fire extinguishing system contractor other than 5 the contractor which employed the licensee at the time the 6 license was issued, the licensee shall notify the fire marshal 7 and shall apply for an amendment to the license. The fire 8 marshal may establish by rule a fee for amending a license. 9 This subsection shall not extend the time period during which a 10 license is valid. This subsection does not apply to a licensee 11 whose work on extinguishing systems is restricted to systems on 12 property owned or controlled by the licensee’s employer. 13 4. The fire marshal, by rule, may restrict the scope of work 14 authorized by a license. 15 Sec. 7. Section 100D.4, subsections 1 and 2, Code Supplement 16 2009, are amended to read as follows: 17 1. An applicant for a fire sprinkler protection 18 system installer and maintenance worker license or renewal of 19 an active license shall provide evidence of a public liability 20 insurance policy and surety bond in an amount determined 21 sufficient by the fire marshal by rule. 22 2. If the applicant is engaged in fire sprinkler protection 23 system installer and maintenance worker work individually 24 through a business conducted as a sole proprietorship, the 25 applicant shall personally obtain the insurance and surety 26 bond required by this section. If the applicant is engaged in 27 the fire sprinkler protection system installer and maintenance 28 worker business as an employee or owner of a legal entity, 29 then the insurance and surety bond required by this section 30 shall be obtained by the entity and shall cover all fire 31 sprinkler protection system installer and maintenance worker 32 work performed by the entity. 33 Sec. 8. Section 100D.5, subsection 1, Code Supplement 2009, 34 is amended to read as follows: 35 1. Adopt After consultation with the fire extinguishing 1 -5- LSB 5421DP (5) 83 jr/rj 5/ 9
S.F. _____ H.F. _____ system contractors and alarm systems advisory board established 2 pursuant to section 100C.10, adopt rules pursuant to chapter 3 17A necessary for the administration and enforcement of this 4 chapter. 5 Sec. 9. Section 100D.8, Code Supplement 2009, is amended to 6 read as follows: 7 100D.8 Provisional licensure. 8 1. An applicant for licensure under this chapter as a fire 9 sprinkler protection system installer and maintenance worker 10 who possesses a minimum of four years of experience as an 11 apprentice sprinkler fitter fire protection system installer 12 and maintenance worker and who has not successfully passed the 13 licensure examination or achieved certification as required 14 pursuant to section 100D.3 by January 1, 2010, shall be issued 15 a license as a fire sprinkler protection system installer and 16 maintenance worker for a period ending no later than June 17 30 December 31 , 2010. A provisional license shall be granted 18 upon presentation of satisfactory evidence to the fire marshal 19 demonstrating experience and competency in conducting fire 20 protection system installations and fire protection system 21 maintenance according to criteria to be determined by the fire 22 marshal in rule. 23 2. An applicant issued a provisional license pursuant 24 to this section shall pass the licensure examination or 25 achieve certification on or before June 30 December 31 , 2010, 26 in order to remain licensed as a fire sprinkler protection 27 system installer and maintenance worker. A provisional license 28 fee shall be established by the fire marshal by rule. No 29 provisional licenses shall be issued after April July 1, 2010. 30 Sec. 10. Section 100D.9, subsection 1, Code Supplement 31 2009, is amended to read as follows: 32 1. An applicant for licensure under this chapter, who 33 is employed as a fire sprinkler protection system installer 34 and maintenance worker as of July 1, 2008, shall be issued 35 a license upon presentation of satisfactory evidence to the 1 -6- LSB 5421DP (5) 83 jr/rj 6/ 9
S.F. _____ H.F. _____ department of at least eight thousand five hundred hours of 2 experience as a fire sprinkler protection system installer and 3 maintenance worker and one of the following: 4 a. Presentation of a certificate of completion of a United 5 States department of labor, office of apprenticeship, four-year 6 or five-year protection system apprenticeship program , approved 7 by the United States department of labor . 8 b. A passing score on the national inspection, testing and 9 certification star fire sprinkler mastery exam or an equivalent 10 exam from a nationally recognized third-party testing agency 11 that is approved by the state fire marshal. 12 c. Certification , based upon general work elements, 13 as defined by the national institute for certification in 14 engineering technologies, at level I by the national institute 15 for certification in engineering technologies, and or another 16 entity as specified by rule by the state fire marshal. 17 Sec. 11. Section 100D.10, Code Supplement 2009, is amended 18 to read as follows: 19 100D.10 Reciprocal licenses. 20 To the extent that another state provides for the licensing 21 of fire sprinkler protection system installers and maintenance 22 workers or similar action, the state fire marshal may issue 23 a fire sprinkler protection system installer and maintenance 24 worker license, without examination, to a nonresident fire 25 sprinkler protection system installer and maintenance worker 26 who has been licensed by such other state for at least three 27 years provided such other state grants the same reciprocal 28 licensing privileges to residents of Iowa who have obtained 29 a fire sprinkler protection system installer and maintenance 30 worker license upon payment by the applicant of the required 31 fee and upon furnishing proof that the qualifications of the 32 applicant are equal to the qualifications of holders of similar 33 licenses in this state. 34 Sec. 12. Section 100D.11, subsection 2, Code Supplement 1 2009, is amended to read as follows: 2 -7- LSB 5421DP (5) 83 jr/rj 7/ 9
S.F. _____ H.F. _____ 2. The provisions of this chapter shall not be construed 3 to apply to a person employed full time as a custodian for a 4 school corporation, hospital, or public facility, who performs 5 fire sprinkler protection system maintenance work involving 6 no more than one sprinkler head or nozzle , provided that the 7 person performs work on only one sprinkler head in a building 8 within a given day . 9 Sec. 13. Section 100D.13, subsection 1, unnumbered 10 paragraph 1, Code Supplement 2009, is amended to read as 11 follows: 12 The state fire marshal may issue a temporary fire 13 sprinkler protection system installer and maintenance worker 14 license to a person, providing that all of the following 15 conditions are met: 16 Sec. 14. Section 100D.13, subsection 1, paragraphs a and e, 17 Code Supplement 2009, are amended to read as follows: 18 a. The person is currently licensed or certified to perform 19 work as a fire sprinkler protection system installer and 20 maintenance worker in another state. 21 e. The person intends to perform work as a fire 22 sprinkler protection system installer and maintenance worker 23 only in areas of this state which are covered by a disaster 24 emergency declaration issued by the governor pursuant to 25 section 29C.6. 26 Sec. 15. Section 272C.1, subsection 6, paragraph af, Code 27 Supplement 2009, is amended to read as follows: 28 af. The department of public safety, in licensing fire 29 sprinkler protection system installers and maintenance workers 30 pursuant to chapter 100D. 31 EXPLANATION 32 Under current law, persons who perform fire protection 33 system installation or fire protection system maintenance must 34 be licensed as a fire sprinkler installer and maintenance 35 worker. This bill changes that designation to fire protection 1 system installer and maintenance worker. 2 -8- LSB 5421DP (5) 83 jr/rj 8/ 9
S.F. _____ H.F. _____ The bill also revises apprenticeship requirements for 3 trainees. The bill eliminates references to a four-year 4 apprenticeship and instead requires completion of a fire 5 protection apprenticeship program approved by the United States 6 department of labor, or completion of two years of full-time 7 employment as a trainee. Under the bill the fire marshal, by 8 rule, may restrict the scope of work authorized by a license. 9 The bill eliminates a current provision which allows a 10 governmental subdivision that administers an inspection program 11 relating to the installation of a fire protection system on 12 July 31, 2009, to continue that inspection program. 13 The bill provides that persons who demolish part of a system 14 do not need to be licensed, if the system is taken out of 15 service. The bill also allows a company manager to supervise 16 the work of an apprentice or to perform system restoration 17 work, if the manager is certified in fire protection 18 technology. 19 The bill extends the period for temporary licensure, pending 20 passage of the examination, from June 30, 2010, to December 31, 21 2010. 22 -9- LSB 5421DP (5) 83 jr/rj 9/ 9