S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9064--A
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced   by   M.   of  A.  BRONSON,  STECK,  JOYNER,  GALEF,  SIMON,
   J. A. GIGLIO -- read once and referred to the  Committee  on  Economic
   Development  --  committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 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:
 
   Section 1. Legislative intent. (a) The legislature hereby finds that:
   (1)  The  manner  in  which  fire suppression or sprinkler systems are
 constructed, installed, maintained  and  inspected  have  a  direct  and
 substantial impact on public safety.
   (2)  Improper construction, installation, maintenance or inspection of
 fire suppression systems by persons lacking adequate education, training
 and experience can lead to serious injuries, death and substantial prop-
 erty damage.
   (3) Promulgating a code establishing minimum  qualification  standards
 for  work performed on fire suppressions systems, including criteria for
 the education, training, testing and  licensing  of  persons  performing
 such work will promote public safety.
   (b) It is the intent of the legislature and this act:
   (1)  To  ensure  that work on fire suppression systems is performed by
 persons who have sufficient education, training and experience  in  such
 work.
   (2)  To  ensure  that  adequate qualification standards are maintained
 through adherence of proper education, training, testing  and  licensing
 requirements for those engaged in the sprinkler fitting trades.
   (3)  To establish a state board of examiners for the sprinkler fitting
 industry to ensure  proper  qualification  and  examination  of  persons
 performing  work on fire suppression systems and to ensure proper adher-
 ence to and enforcement of the requirements of this act  and  applicable
 regulations issued pursuant to this act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11453-05-2
              

 A. 9064--A                          2
 
   §  2. The general business law is amended by adding a new article 40-A
 to read as follows:
                               ARTICLE 40-A
                         FIRE SUPPRESSION SYSTEMS
 SECTION 930. DEFINITIONS.
         931. AUTHORIZED WORK ON FIRE SUPPRESSION SYSTEMS.
         932. STATE  BOARD  OF EXAMINERS FOR THE SPRINKLER FITTING INDUS-
                TRY.
         933. POWERS AND DUTIES OF THE STATE BOARD OF EXAMINERS  FOR  THE
                SPRINKLER FITTING INDUSTRY.
         934. SPRINKLER FITTER LICENSE.
         935. SPRINKLER FITTER APPRENTICE AND HELPER PERMITS.
         936. FIRE SUPPRESSION SYSTEM INSPECTOR.
         937. RECIPROCITY.
         938. TRANSITIONAL GRACE PERIOD.
         939. REGISTRY OF SPRINKLER FITTER LICENSES AND PERMITS.
         940. VIOLATIONS.
         941. PENALTIES.
         942. ENFORCEMENT.
         943. SEVERABILITY.
   §  930.  DEFINITIONS.  AS  USED  IN  THIS  ARTICLE, UNLESS THE CONTEXT
 REQUIRES OTHERWISE:
   (A) "FIRE SUPPRESSION SYSTEM" MEANS  AN  AUTOMATIC  OR  MANUAL  SYSTEM
 DESIGNED  TO PROTECT OCCUPANTS AND/OR BUILDINGS OR STRUCTURES FROM FIRE.
 SUCH SYSTEMS INCLUDE, BUT ARE NOT LIMITED  TO,  WATER  SPRINKLER,  WATER
 SPRAY, FOAM-WATER, FOAM-WATER SPRAY, CARBON DIOXIDE, FOAM EXTINGUISHING,
 WET  CHEMICAL,  HALOGENATED  AND  OTHER  CHEMICAL  SYSTEMS USED FOR FIRE
 PROTECTION. SUCH SYSTEMS ALSO INCLUDE THE SUPPLY MAINS,  YARD  HYDRANTS,
 STANDPIPES,  TANK  HEATERS,  HOSE  CONNECTIONS TO SPRINKLER SYSTEMS, AIR
 LINES AND THERMAL SYSTEMS USED IN CONNECTION WITH SPRINKLERS  AND  PUMPS
 DEDICATED FOR FIRE SUPPRESSION.
   (B)  "FIRE SUPPRESSION SYSTEM INSPECTOR" MEANS A PERSON LICENSED UNDER
 THIS ARTICLE TO PERFORM INSPECTIONS ON FIRE SUPPRESSION SYSTEMS.
   (C) "FIRE SUPPRESSION SYSTEM INSPECTOR LICENSE" MEANS A LICENSE ISSUED
 TO A FIRE SUPPRESSION SYSTEM INSPECTOR PURSUANT TO THIS ARTICLE  AUTHOR-
 IZING THE PERSON TO PERFORM INSPECTIONS ON FIRE SUPPRESSION SYSTEMS.
   (D)  "PUBLIC  EMPLOYER"  SHALL MEAN (I) THE STATE OF NEW YORK, (II)  A
 COUNTY,  CITY,  TOWN,  VILLAGE  OR  ANY   OTHER   POLITICAL  SUBDIVISION
 OR  CIVIL DIVISION OF THE STATE, (III) A SCHOOL DISTRICT OR ANY  GOVERN-
 MENTAL ENTITY  OPERATING  A  PUBLIC   SCHOOL,   COLLEGE   OR UNIVERSITY,
 (IV) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT, (V) A  PUBLIC  AUTHORITY,
 COMMISSION  OR  PUBLIC  BENEFIT CORPORATION, OR (VI)   ANY  OTHER PUBLIC
 CORPORATION, AGENCY, INSTRUMENTALITY OR UNIT OF GOVERNMENT  WHICH  EXER-
 CISES GOVERNMENTAL POWER UNDER THE LAWS OF THE STATE.
   (E)  "SPRINKLER  FITTER"  MEANS  A PERSON, OTHER THAN AN APPRENTICE OR
 HELPER REGULATED UNDER  THIS  ARTICLE,  WHO  PERFORMS  WORK  ON  A  FIRE
 SUPPRESSION SYSTEM AS DEFINED BY THIS SECTION.
   (F)  "SPRINKLER FITTER APPRENTICE" MEANS A PERSON WHO IS ENROLLED IN A
 SPRINKLER FITTER APPRENTICESHIP PROGRAM AND IS LEARNING AND  WORKING  ON
 FIRE  SUPPRESSION SYSTEMS UNDER THE SUPERVISION OF ANOTHER PERSON CERTI-
 FIED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   (G) "SPRINKLER FITTER APPRENTICE PERMIT" MEANS A PERMIT ISSUED  TO  AN
 APPRENTICE  SPRINKLER  FITTER  PURSUANT  TO THIS ARTICLE AUTHORIZING THE
 PERSON TO PERFORM WORK ON FIRE SUPPRESSION SYSTEMS.
   (H) "SPRINKLER FITTER APPRENTICESHIP PROGRAM" MEANS AN  APPRENTICESHIP
 TRAINING  PROGRAM  THAT  IS  APPROVED  BY  THE U.S. DEPARTMENT OF LABOR,
 A. 9064--A                          3
 
 BUREAU OF APPRENTICESHIP AND TRAINING OR A STATE  APPRENTICESHIP  AGENCY
 AND  CONSISTS OF A MINIMUM OF EIGHT THOUSAND HOURS OF DOCUMENTED PRACTI-
 CAL EXPERIENCE IN WORK ON FIRE  SUPPRESSION  SYSTEMS,  COMBINED  WITH  A
 MINIMUM  OF SEVEN HUNDRED TWENTY HOURS OF RELATED INSTRUCTION, INCLUDING
 CLASSROOM OR SHOP INSTRUCTION, IN THE SPRINKLER FITTER TRADE.
   (I) "SPRINKLER FITTER  HELPER"  MEANS  A  PERSON  WHO  WORKS  ON  FIRE
 SUPPRESSION SYSTEMS UNDER THE DIRECT SUPERVISION OF A LICENSED SPRINKLER
 FITTER.
   (J) "SPRINKLER FITTER HELPER PERMIT" MEANS A PERMIT ISSUED TO A SPRIN-
 KLER  FITTER  HELPER  PURSUANT TO THIS ARTICLE AUTHORIZING THE PERSON TO
 PERFORM WORK ON FIRE SUPPRESSION SYSTEMS UNDER THE DIRECT SUPERVISION OF
 A LICENSED SPRINKLER FITTER.
   (K) "SPRINKLER FITTER LICENSE" MEANS A LICENSE ISSUED TO  A  SPRINKLER
 FITTER  PURSUANT  TO THIS ARTICLE AUTHORIZING THE PERSON TO PERFORM WORK
 ON FIRE SUPPRESSION SYSTEMS.
   (L) "STATE BOARD OF EXAMINERS FOR THE SPRINKLER FITTING  INDUSTRY"  OR
 "BOARD" MEANS THE BOARD OF EXAMINERS CREATED PURSUANT TO THIS ARTICLE.
   (M)  "WORK  ON  A  FIRE  SUPPRESSION  SYSTEM"  MEANS THE CONSTRUCTION,
 INSTALLATION, ALTERATION, RENOVATION, REMOVAL, REPAIR, SERVICING,  MAIN-
 TENANCE  OR  TESTING  OF  FIRE  SUPPRESSION SYSTEMS, UNLESS SPECIFICALLY
 EXCLUDED BY THE PROVISIONS OF THIS ARTICLE.
   § 931. AUTHORIZED WORK ON FIRE  SUPPRESSION  SYSTEMS.  (A)  NO  PERSON
 WITHIN  THE  JURISDICTION  OF  THIS  STATE  MAY  PERFORM  WORK ON A FIRE
 SUPPRESSION SYSTEM UNLESS HE OR SHE:
   (1) POSSESSES A SPRINKLER FITTER LICENSE, SPRINKLER FITTER  APPRENTICE
 OR  HELPER  PERMIT  OR  FIRE SUPPRESSION SYSTEM INSPECTOR LICENSE ISSUED
 PURSUANT TO THIS ARTICLE;
   (2) PERFORMS WORK ON PORTABLE FIRE EXTINGUISHERS OR WORK ON DRY STAND-
 PIPES THAT ARE NOT CONNECTED TO A FIRE SUPPRESSION SYSTEM;
   (3) IS EMPLOYED AS A STATE OR LOCAL FIRE OFFICIAL; OR
   (4) PERFORMS WORK ON FIRE SUPPRESSION SYSTEMS OF A PUBLIC EMPLOYER  AS
 AN EMPLOYEE OF SUCH PUBLIC EMPLOYER.
   (B)  NO  PERSON  MAY  EMPLOY  A  PERSON OR CAUSE OR DIRECT A PERSON TO
 PERFORM WORK ON A FIRE SUPPRESSION SYSTEM UNLESS THE  PERSON  PERFORMING
 SUCH WORK POSSESSES A SPRINKLER FITTER LICENSE, SPRINKLER FITTER APPREN-
 TICE  OR  HELPER  PERMIT  OR  FIRE  SUPPRESSION SYSTEM INSPECTOR LICENSE
 ISSUED PURSUANT TO THIS ARTICLE.
   (C) NO PERSON, CORPORATION, PARTNERSHIP OR OTHER BUSINESS  ENTITY  MAY
 PERFORM  OR  CONTRACT TO PERFORM WORK ON FIRE SUPPRESSION SYSTEMS EXCEPT
 THROUGH PERSONS WHO POSSESS A SPRINKLER FITTER LICENSE, SPRINKLER FITTER
 APPRENTICE OR HELPER PERMIT OR FIRE SUPPRESSION SYSTEM INSPECTOR LICENSE
 ISSUED PURSUANT TO THIS ARTICLE.
   (D) THE REQUIREMENTS OF THIS ARTICLE DO NOT  APPLY  TO  WORK  ON  FIRE
 SUPPRESSION  SYSTEMS  IN NEW YORK CITY, NASSAU COUNTY OR SUFFOLK COUNTY,
 OR TO WORK ON FIRE SUPPRESSION SYSTEMS OF A PUBLIC EMPLOYER PERFORMED BY
 EMPLOYEES OF SUCH PUBLIC EMPLOYER.
   (E) NOTHING IN THIS ARTICLE SHALL PREVENT ANY POLITICAL SUBDIVISION OF
 THE STATE FROM ENACTING LOCAL LEGISLATION THAT ESTABLISHES QUALIFICATION
 STANDARDS FOR THE SPRINKLER FITTER TRADE THAT EXCEED THE REQUIREMENTS OF
 THIS ARTICLE.
   § 932. STATE BOARD OF EXAMINERS FOR THE  SPRINKLER  FITTING  INDUSTRY.
 (A)  THERE  IS  HEREBY  ESTABLISHED IN THE SAFETY AND HEALTH LICENSE AND
 CERTIFICATION UNIT OF THE DEPARTMENT OF LABOR A STATE BOARD OF EXAMINERS
 FOR THE SPRINKLER FITTING INDUSTRY.
   (B) COMPOSITION. THE BOARD SHALL CONSIST OF SEVEN MEMBERS APPOINTED BY
 THE GOVERNOR, WITH ADVICE AND CONSENT OF THE SENATE, AS FOLLOWS:
 A. 9064--A                          4

   (1) ONE REPRESENTATIVE FROM THE  DIVISION  OF  HOMELAND  SECURITY  AND
 EMERGENCY SERVICES, OFFICE OF FIRE PREVENTION AND CONTROL;
   (2)  ONE  REPRESENTATIVE  FROM  THE  DEPARTMENT  OF STATE, DIVISION OF
 BUILDING STANDARDS AND CODES;
   (3) ONE FIRE SUPPRESSION CONTRACTOR;
   (4) ONE LICENSED FIRE PROTECTION ENGINEER;
   (5) ONE SPRINKLER FITTER LICENSED IN ACCORDANCE WITH THIS ARTICLE;
   (6) ONE REPRESENTATIVE FROM THE NEW YORK  STATE  PIPE  TRADES  ASSOCI-
 ATION; AND
   (7)  ONE  REPRESENTATIVE  FROM  THE  NEW YORK STATE APPRENTICESHIP AND
 TRAINING COUNCIL.
   § 933. POWERS AND DUTIES OF THE  STATE  BOARD  OF  EXAMINERS  FOR  THE
 SPRINKLER  FITTING  INDUSTRY. IN ADDITION TO ALL OTHER POWERS AND DUTIES
 CONFERRED OR IMPOSED  UPON  THE  BOARD,  THE  BOARD  IS  AUTHORIZED  AND
 EMPOWERED TO:
   (A) ELECT ITS OWN OFFICERS AND PRESCRIBE THEIR DUTIES;
   (B)  GRANT  SPRINKLER  FITTER  LICENSES  AND PERMITS TO DULY QUALIFIED
 APPLICANTS AS PROVIDED IN THIS ARTICLE;
   (C) ESTABLISH FEES THAT ARE REASONABLE AND  NECESSARY  TO  DEFRAY  THE
 COST OF ADMINISTERING THIS ARTICLE;
   (D)  PROMULGATE,  ADOPT, AMEND, AND REPEAL SUCH RULES AND REGULATIONS,
 NOT INCONSISTENT WITH THE LAWS OF THIS STATE, AS MAY  BE  NECESSARY  FOR
 THE  ORDERLY CONDUCT OF ITS AFFAIRS AND THE ADMINISTRATION OF THIS ARTI-
 CLE;
   (E) ENFORCE THE PROVISIONS OF THIS ARTICLE AND  ANY  CODES,  RULES  OR
 REGULATIONS  HEREUNDER  THROUGH  INSPECTIONS,  AUDITS,  CITATIONS, CIVIL
 PENALTIES, AND ANY OTHER APPROPRIATE MEANS;
   (F) SUBPOENA RECORDS AND DOCUMENTS, CONDUCT HEARINGS  AND  COMPEL  THE
 ATTENDANCE OF WITNESSES PURSUANT TO AN INVESTIGATION OR A HEARING OF THE
 BOARD;
   (G) BRING A SUIT, IN ANY COURT OF COMPETENT JURISDICTION, TO CAUSE THE
 ENJOINDER OF ALL PERSONS VIOLATING THIS ARTICLE. WHEN SEEKING AN INJUNC-
 TION,  THE  BOARD SHALL NOT BE REQUIRED TO PROVE THAT AN ADEQUATE REMEDY
 AT LAW DOES NOT EXIST OR THAT SUBSTANTIAL OR IRREPARABLE  DAMAGES  WOULD
 RESULT IF AN INJUNCTION IS NOT GRANTED;
   (H)  ESTABLISH  AND  ADMINISTER OR CONTRACT OUT TO A RECOGNIZED THIRD-
 PARTY CERTIFIER FOR EXAMINATIONS AS REQUIRED  FOR  LICENSES  UNDER  THIS
 ARTICLE AND DETERMINE SATISFACTORY PERFORMANCE FOR THESE EXAMINATIONS;
   (I)  REVOKE  OR SUSPEND A LICENSE OR PERMIT ISSUED UNDER THIS ARTICLE,
 OR REPRIMAND PERSONS FOR INCOMPETENCE OR ANY VIOLATIONS OF THIS  ARTICLE
 OR RULES OR REGULATIONS OF THE BOARD; AND
   (J)  ESTABLISH  A  PROCEDURE  FOR REINSTATING LICENSES OR PERMITS THAT
 HAVE BEEN REVOKED OR SUSPENDED, INCLUDING THE USE  OF  RETESTING  PROCE-
 DURES.
   §  934.  SPRINKLER  FITTER  LICENSE.  (A) TO OBTAIN A SPRINKLER FITTER
 LICENSE UNDER THIS ARTICLE, AN APPLICANT MUST:
   (1) PAY AN APPLICATION FEE ESTABLISHED BY THE BOARD; AND
   (2) PROVIDE EVIDENCE DEMONSTRATING THAT HE  OR  SHE  HAS  SUCCESSFULLY
 COMPLETED  A  SPRINKLER  FITTER  APPRENTICESHIP PROGRAM AND HAS PASSED A
 SPRINKLER FITTER LICENSE EXAMINATION ESTABLISHED BY THE BOARD; OR
   (3) MEET THE REQUIREMENTS OF SECTION NINE HUNDRED THIRTY-SEVEN OR NINE
 HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
   (B) ALL PERSONS HOLDING A SPRINKLER FITTER LICENSE UNDER THIS  ARTICLE
 SHALL  COMPLETE A MINIMUM OF EIGHT HOURS ANNUALLY OF EDUCATION AND SKILL
 TRAINING ON FIRE SUPPRESSION SYSTEMS, PROVIDED:
 A. 9064--A                          5
 
   (1) COURSES FOR SUCH TRAINING SHALL BE PRE-APPROVED BY THE  BOARD  AND
 EVIDENCE  OF  COMPLETION  OF  CONTINUING EDUCATION REQUIREMENTS SHALL BE
 SUBMITTED TO THE BOARD WITH THE APPLICATION FOR LICENSE RENEWAL; AND
   (2)  THE  CONTINUING  EDUCATION  REQUIREMENT  DOES NOT APPLY UNTIL THE
 CONCLUSION OF THE FIRST FULL YEAR AFTER INITIAL ISSUANCE OF  A  PERSON'S
 SPRINKLER FITTER LICENSE.
   (C) A SPRINKLER FITTER LICENSE UNDER THIS ARTICLE SHALL BE VALID FOR A
 PERIOD OF THREE YEARS FROM DATE OF ISSUE.
   (D)  THE  BOARD  SHALL  RENEW  FOR A PERIOD OF THREE YEARS LICENSES OR
 PERMITS AS PROVIDED BY THIS ARTICLE UPON RECEIVING A  COMPLETED  RENEWAL
 APPLICATION AND REQUIRED FEE AS DETERMINED BY THE BOARD.
   (E)  ANY  PERSON  WHO  IS  ISSUED  A SPRINKLER FITTER LICENSE SHALL BE
 ISSUED A PHOTO IDENTIFICATION CARD AND SHALL MAINTAIN SUCH CARD  IN  HIS
 OR  HER POSSESSION AT ALL TIMES WHEN PERFORMING WORK ON FIRE SUPPRESSION
 SYSTEMS.
   § 935. SPRINKLER FITTER APPRENTICE AND HELPER PERMITS. (A) TO OBTAIN A
 SPRINKLER FITTER APPRENTICE PERMIT, AN APPLICANT MUST:
   (1) PAY AN APPLICATION FEE ESTABLISHED BY THE BOARD;
   (2) COMPLETE AN APPLICATION FOR AN APPRENTICE  PERMIT  ESTABLISHED  BY
 THE BOARD; AND
   (3)  PRESENT EVIDENCE IN A FORM ACCEPTABLE TO THE BOARD, DEMONSTRATING
 THAT THE APPLICANT IS ENROLLED  IN  A  SPRINKLER  FITTER  APPRENTICESHIP
 PROGRAM.
   (B)  THE  SPRINKLER  FITTER  APPRENTICE  PERMIT SHALL STATE THAT IT IS
 VALID ONLY IF THE PERSON TO WHOM IT IS  ISSUED  REMAINS  ENROLLED  IN  A
 SPRINKLER FITTER APPRENTICESHIP PROGRAM.  THIS PERMIT SHALL BE VALID FOR
 A  PERIOD  OF  THREE  YEARS FROM THE DATE OF ISSUANCE AND MAY BE RENEWED
 ONCE UPON SUBMISSION OF A RENEWAL APPLICATION AND A RENEWAL  FEE  DETER-
 MINED BY THE BOARD.
   (C) TO OBTAIN A SPRINKLER FITTER HELPER PERMIT, AN APPLICANT MUST:
   (1) PAY AN APPLICATION FEE ESTABLISHED BY THE BOARD;
   (2) COMPLETE AN APPLICATION FOR A HELPER PERMIT BY THE BOARD; AND
   (3)  PRESENT  EVIDENCE IN A FORM ACCEPTABLE TO THE BOARD DEMONSTRATING
 THAT THE APPLICANT IS EMPLOYED AS A SPRINKLER FITTER HELPER  THAT  SHALL
 INCLUDE  SPECIFIC  ACKNOWLEDGEMENT  FROM  THE  APPLICANT  AND HIS OR HER
 EMPLOYER THAT THE APPLICANT IS ONLY AUTHORIZED TO WORK UNDER THE  DIRECT
 SUPERVISION OF A LICENSED SPRINKLER FITTER.
   (D)  A  SPRINKLER  FITTER  HELPER  PERMIT  SHALL STATE THAT THE PERSON
 POSSESSING IT MAY ONLY PERFORM WORK ON FIRE  SUPPRESSION  SYSTEMS  UNDER
 THE  DIRECT  SUPERVISION  OF A LICENSED SPRINKLER FITTER ON A ONE-ON-ONE
 BASIS. THIS PERMIT SHALL BE VALID FOR A PERIOD OF EIGHTEEN  MONTHS  FROM
 THE DATE OF ISSUANCE AND SHALL NOT BE ELIGIBLE FOR RENEWAL.
   (E)  ANY  PERSON WHO IS ISSUED A SPRINKLER FITTER APPRENTICE OR HELPER
 PERMIT SHALL BE ISSUED A PHOTO IDENTIFICATION CARD  AND  SHALL  MAINTAIN
 SUCH  CARD IN HIS OR HER POSSESSION AT ALL TIMES WHEN PERFORMING WORK ON
 FIRE SUPPRESSION SYSTEMS.
   § 936. FIRE  SUPPRESSION  SYSTEM  INSPECTOR.  (A)  TO  OBTAIN  A  FIRE
 SUPPRESSION SYSTEM INSPECTOR LICENSE, AN APPLICANT MUST:
   (1) PAY AN APPLICATION FEE ESTABLISHED BY THE BOARD;
   (2)  COMPLETE  AN  APPLICATION FOR A FIRE SUPPRESSION SYSTEM INSPECTOR
 LICENSE ESTABLISHED BY THE  BOARD  THAT  PROVIDES  EVIDENCE  IN  A  FORM
 ACCEPTABLE TO THE BOARD OF ONE OF THE FOLLOWING:
   (A)  AT  LEAST  TWO  THOUSAND HOURS OF EXPERIENCE IN THE INSPECTION OF
 FIRE SUPPRESSION SYSTEMS;
   (B) COMPLETION OF A SPRINKLER FITTER APPRENTICESHIP PROGRAM; OR
 A. 9064--A                          6
 
   (C) POSSESSION OF A LEVEL ONE CERTIFICATE FROM THE NATIONAL  INSTITUTE
 FOR  CERTIFICATION FOR ENGINEERING TECHNOLOGIES FOR INSPECTION AND TEST-
 ING FOR WATER BASED FIRE PROTECTION SYSTEMS; AND
   (3)  COMPLETE  AN  EXAMINATION  ESTABLISHED  BY  THE  BOARD FOR A FIRE
 SUPPRESSION SYSTEM INSPECTOR.
   (B) THE BOARD  SHALL  RENEW  FOR  A  PERIOD  OF  THREE  YEARS  A  FIRE
 SUPPRESSION  SYSTEM INSPECTOR LICENSE UPON RECEIVING A COMPLETED RENEWAL
 APPLICATION AND REQUIRED FEE AS DETERMINED BY THE BOARD.
   (C) ANY PERSON WHO IS  ISSUED  A  FIRE  SUPPRESSION  SYSTEM  INSPECTOR
 LICENSE  SHALL  BE ISSUED A PHOTO IDENTIFICATION CARD AND SHALL MAINTAIN
 SUCH CARD IN  HIS  OR  HER  POSSESSION  AT  ALL  TIMES  WHEN  PERFORMING
 INSPECTIONS ON FIRE SUPPRESSION SYSTEMS.
   §  937. RECIPROCITY.   (A) THE BOARD MAY ISSUE A RECIPROCITY SPRINKLER
 FITTER LICENSE OR FIRE SUPPRESSION  SYSTEM  INSPECTOR  LICENSE,  WITHOUT
 EXAMINATION  TO  ANY CURRENTLY PRACTICING, COMPETENT SPRINKLER FITTER OR
 FIRE SUPPRESSION SYSTEM INSPECTOR  WHO  HOLDS  A  SIMILAR  AUTHORIZATION
 GRANTED BY ANY OTHER STATE ACCORDING TO THE LAWS OF SUCH STATE WHICH HAS
 QUALIFICATION  REQUIREMENTS  SUBSTANTIALLY  SIMILAR TO, OR GREATER THAN,
 THOSE ESTABLISHED UNDER THIS ARTICLE;  PROVIDED  THAT  THE  OTHER  STATE
 GRANTS  AUTHORIZATION  TO  ANY  COMPETENT PERSON HOLDING A LICENSE UNDER
 THIS ARTICLE.
   (B) THE BOARD MAY ISSUE A SPRINKLER FITTER LICENSE OR FIRE SUPPRESSION
 SYSTEM INSPECTOR LICENSE PURSUANT TO THIS SECTION TO ANY PERSON WHO:
   (1) COMPLETES AN APPLICATION FOR  SPRINKLER  FITTER  LICENSE  OR  FIRE
 SUPPRESSION  SYSTEM  INSPECTOR LICENSE BY RECIPROCITY ESTABLISHED BY THE
 BOARD;
   (2) PRESENTS COMPETENT EVIDENCE IN A  FORM  ACCEPTABLE  TO  THE  BOARD
 DEMONSTRATING  THAT  THE  APPLICANT IS A CURRENTLY PRACTICING, COMPETENT
 PERSON WHO HOLDS A SIMILAR AUTHORIZATION  GRANTED  BY  ANY  OTHER  STATE
 ACCORDING TO THE LAWS OF SUCH STATE WHICH HAS QUALIFICATION REQUIREMENTS
 SUBSTANTIALLY  SIMILAR TO, OR GREATER THAN, THOSE ESTABLISHED UNDER THIS
 ARTICLE; AND
   (3) PAYS THE APPROPRIATE FEES ESTABLISHED BY THE BOARD.
   § 938. TRANSITIONAL GRACE PERIOD.  (A) THERE SHALL BE A ONE-YEAR PERI-
 OD FROM THE EFFECTIVE DATE OF THIS ARTICLE THAT SHALL SERVE AS  A  GRACE
 PERIOD  FOR  ALL PERSONS APPLYING FOR SPRINKLER FITTER LICENSES AND FIRE
 SUPPRESSION INSPECTOR LICENSES.
   (B) DURING THE ONE-YEAR GRACE PERIOD NO PERSON SHALL  BE  REQUIRED  TO
 POSSESS  A SPRINKLER FITTER LICENSE, APPRENTICE OR HELPER PERMIT OR FIRE
 SUPPRESSION SYSTEM INSPECTOR LICENSE, PROVIDED HE OR SHE  HAS  SUBMITTED
 THE NECESSARY APPLICATION FOR SUCH CREDENTIALS WITHIN ONE HUNDRED EIGHTY
 DAYS FROM THE EFFECTIVE DATE OF THIS ARTICLE.
   (C)  THE BOARD SHALL ISSUE A SPRINKLER FITTER LICENSE WITHOUT EXAMINA-
 TION TO ANY PERSON WHO SUBMITS AN APPLICATION  FOR  A  SPRINKLER  FITTER
 LICENSE  DURING  THE  ONE  HUNDRED EIGHTY DAY PERIOD AFTER THE EFFECTIVE
 DATE OF THIS ARTICLE, PROVIDED THE APPLICANT PAYS THE REQUIRED  APPLICA-
 TION FEE AND SUBMITS EVIDENCE DEMONSTRATING HE OR SHE HAS:
   (1) COMPLETED A SPRINKLER FITTER APPRENTICESHIP PROGRAM; OR
   (2)  PERFORMED  AT  LEAST EIGHT THOUSAND HOURS OF DOCUMENTED PRACTICAL
 EXPERIENCE OF WORK ON FIRE SUPPRESSION SYSTEMS  WITHIN  THE  PAST  EIGHT
 YEARS.
   (D) THE BOARD SHALL ISSUE A FIRE SUPPRESSION INSPECTOR LICENSE WITHOUT
 EXAMINATION  TO  ANY  PERSON  WHO  SUBMITS  AN  APPLICATION  FOR  A FIRE
 SUPPRESSION INSPECTOR LICENSE DURING THE ONE HUNDRED EIGHTY  DAY  PERIOD
 AFTER  THE  EFFECTIVE  DATE OF THIS ARTICLE, PROVIDED THE APPLICANT PAYS
 A. 9064--A                          7
 
 THE REQUIRED APPLICATION FEE AND SUBMITS EVIDENCE  DEMONSTRATING  HE  OR
 SHE HAS:
   (1)  AT  LEAST  TWO  THOUSAND HOURS OF EXPERIENCE IN THE INSPECTION OF
 FIRE SUPPRESSION SYSTEMS;
   (2) COMPLETION OF A SPRINKLER FITTER APPRENTICESHIP PROGRAM; OR
   (3) POSSESSION OF A LEVEL ONE CERTIFICATE FROM THE NATIONAL  INSTITUTE
 FOR  CERTIFICATION FOR ENGINEERING TECHNOLOGIES FOR INSPECTION AND TEST-
 ING FOR WATER BASED FIRE PROTECTION SYSTEMS.
   (E) INITIAL APPLICATIONS FOR SPRINKLER  FITTER  APPRENTICE  OR  HELPER
 PERMITS  SHALL BE SUBMITTED BY APPLICANTS WITHIN ONE HUNDRED EIGHTY DAYS
 FROM THE EFFECTIVE DATE OF THIS ARTICLE IN ACCORDANCE WITH THE  REQUIRE-
 MENTS OF SECTION NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE.
   §  939.  REGISTRY  OF  SPRINKLER FITTER LICENSES AND PERMITS.  (A) THE
 BOARD SHALL ESTABLISH A FIRE SUPPRESSION SYSTEM TECHNICIAN  REGISTRY  TO
 MAINTAIN  A  CENTRAL REGISTRY OF THE NAMES OF ALL PERSONS TO WHOM IT HAS
 ISSUED FIRE SUPPRESSION  SYSTEM  INSPECTOR  LICENSES,  SPRINKLER  FITTER
 LICENSES AND SPRINKLER FITTER PERMITS.
   (B)  THE  FIRE  SUPPRESSION  SYSTEM TECHNICIAN REGISTRY SHALL BE MAIN-
 TAINED ON A PUBLICLY ACCESSIBLE WEBSITE AND SHALL BE UPDATED ON A MONTH-
 LY BASIS.
   § 940. VIOLATIONS. IT SHALL BE UNLAWFUL AND A VIOLATION OF THIS  ARTI-
 CLE FOR ANY PERSON TO:
   (A)  PERFORM  WORK  ON A FIRE SUPPRESSION SYSTEM WITHOUT POSSESSING AN
 APPLICABLE LICENSE OR PERMIT AS REQUIRED BY THIS ARTICLE;
   (B) EMPLOY A PERSON OR CAUSE OR DIRECT A PERSON TO PERFORM WORK  ON  A
 FIRE  SUPPRESSION SYSTEM UNLESS THE PERSON PERFORMING SUCH WORK HOLDS AN
 APPLICABLE LICENSE OR PERMIT AS REQUIRED BY THIS ARTICLE;
   (C) ENGAGE IN OTHER CONDUCT PROHIBITED BY SECTION NINE  HUNDRED  THIR-
 TY-THREE OF THIS ARTICLE;
   (D)  OBTAIN A LICENSE OR PERMIT REQUIRED BY THIS ARTICLE THROUGH FRAUD
 OR INTENTIONAL OR RECKLESS MISREPRESENTATION;
   (E) IMPERSONATE ANOTHER PERSON, USE AN EXPIRED OR REVOKED  LICENSE  OR
 PERMIT  ISSUED PURSUANT TO THIS ARTICLE OR ALLOW ANOTHER PERSON TO USE A
 LICENSE OR PERMIT NOT ISSUED TO SUCH PERSON;
   (F) GIVE FALSE OR FORGED EVIDENCE OF ANY KIND  TO  THE  BOARD  OR  ANY
 MEMBER  THEREOF  IN  AN  APPLICATION  FOR  THE  ISSUANCE OR RENEWAL OF A
 LICENSE OR PERMIT UNDER THIS ARTICLE; OR
   (G) KNOWINGLY OR RECKLESSLY MAKE A MATERIAL FALSE STATEMENT  REGARDING
 A  PERSON'S  LICENSE,  OR  PERMIT  OR  STATUS  WITH INTENT TO INFLUENCE,
 PERSUADE, OR INDUCE AN INDIVIDUAL TO  CONTRACT  FOR  SERVICES  REGULATED
 UNDER THIS ARTICLE.
   §  941. PENALTIES.  (A) THE BOARD SHALL REVOKE OR SUSPEND A LICENSE OR
 PERMIT ISSUED UNDER THIS ARTICLE, OR REPRIMAND A LICENSE OR PERMIT HOLD-
 ER FOR INCOMPETENCE OR ANY VIOLATION OF THIS ARTICLE OR RULES  OR  REGU-
 LATIONS OF THE BOARD ISSUED PURSUANT TO THIS ARTICLE.
   (B)  ANY  PERSON  WHO  VIOLATES  ANY  PROVISION OF THIS ARTICLE OR ANY
 APPLICABLE RULE, REGULATION, PERMIT OR OTHER ORDER OF THE BOARD SHALL BE
 SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT
 MORE THAN ONE THOUSAND DOLLARS FOR EACH ACT OR  VIOLATION.  EACH  DAY  A
 PERSON  PERFORMS  WORK  ON  A FIRE SUPPRESSION SYSTEM WITHOUT A REQUIRED
 LICENSE OR PERMIT AS REQUIRED BY THIS ARTICLE SHALL CONSTITUTE  A  SEPA-
 RATE VIOLATION.
   (C)  A  PERSON  WHO  WILLFULLY VIOLATES THIS ARTICLE OR ANY APPLICABLE
 RULE OR REGULATION ADOPTED PURSUANT TO THIS ARTICLE SHALL BE GUILTY OF A
 MISDEMEANOR.
 A. 9064--A                          8
 
   (D) IN ADDITION TO ANY OTHER PENALTIES PROVIDED  IN  THIS  SECTION,  A
 PERSON,  CORPORATION  OR OTHER BUSINESS ENTITY THAT KNOWINGLY EMPLOYS OR
 DIRECTS A PERSON TO  PERFORM  WORK  ON  A  FIRE  SUPPRESSION  SYSTEM  IN
 VIOLATION  OF  THIS  ARTICLE  SHALL  FORFEIT  ANY BUSINESS OR CONTRACTOR
 LICENSE, REGISTRATION OR CERTIFICATE ISSUED BY THE STATE FOR A PERIOD OF
 NOT  LESS  THAN ONE YEAR AND NOT MORE THAN THREE YEARS, AS DETERMINED BY
 THE STATE ATTORNEY GENERAL.   FOR PURPOSES OF  THIS  SECTION,  THE  TERM
 "KNOWINGLY" SHALL MEAN ACTIONS THAT ARE WILLFUL OR TAKEN WITH DELIBERATE
 IGNORANCE OR RECKLESS DISREGARD OF THE REQUIREMENTS OF THIS ARTICLE.
   §  942.  ENFORCEMENT.    (A)  THE REQUIREMENTS OF THIS ARTICLE WILL BE
 ENFORCED BY THE BOARD IN CONJUNCTION  WITH  THE  LICENSURE  AND  CERTIF-
 ICATION UNIT WITHIN THE DEPARTMENT OF LABOR.
   (B)  THE  LICENSURE  AND  CERTIFICATION  UNIT WITHIN THE DEPARTMENT OF
 LABOR SHALL INSPECT PROJECT WORK SITES WHERE WORK  ON  FIRE  SUPPRESSION
 SYSTEMS  IS  BEING PERFORMED TO ENSURE THAT PERSONS PERFORMING SUCH WORK
 POSSESS APPLICABLE LICENSES AND PERMITS REQUIRED BY THIS ARTICLE.
   (C) IN ANY CIRCUMSTANCES WHERE THE LICENSURE  AND  CERTIFICATION  UNIT
 WITHIN  THE DEPARTMENT OF LABOR DETERMINES THAT WORK ON FIRE SUPPRESSION
 SYSTEMS IS BEING PERFORMED IN VIOLATION OF THIS ARTICLE, IT SHALL  ISSUE
 OR  CAUSE  TO  BE  ISSUED A STOP WORK ORDER REQUIRING THAT ALL SUCH WORK
 CEASE AND REQUIRE THAT SUCH WORK SHALL  NOT  BE  RESUMED  UNTIL  A  FULL
 INVESTIGATION  HAS  BEEN  UNDERTAKEN AND VERIFICATION HAS BEEN MADE THAT
 ALL WORK ON THE FIRE SUPPRESSION SYSTEM IN QUESTION HAS  BEEN  PERFORMED
 BY DULY AUTHORIZED PERSONS.
   § 943. SEVERABILITY. TO THE EXTENT THAT ANY SECTION OR PORTION OF THIS
 ARTICLE  IS  DEEMED  INVALID BY A REVIEWING COURT, THE REMAINDER OF THIS
 ARTICLE SHALL BE UNAFFECTED BY SUCH RULING.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.