SB 5880 — Concerning fire protection sprinkler system contractors.

S-3928.1S-3494.2 SUBSTITUTE SENATE BILL 5880 State of Washington 67th Legislature 2022 Regular Session By Senate Business, Financial Services & Trade (originally sponsored by Senators Salomon, Conway, Keiser, Liias, Lovick, Nobles, and Van De Wege)Wege READRead FIRSTfirst TIMEtime 01/28/22.01/17/22.

Referred to Committee on Business, Financial Services & Trade.

amending RCW 18.160.030, 18.160.050, 18.160.080, 18.160.110, 18.160.120, 18.270.050, 18.270.070, and 18.270.070;18.270.900;

However, the license fee for fire protection sprinkler system contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-D fire protection sprinkler systems shall not exceed ((one hundred dollars)) $125,$200, and the license fee for fire protection sprinkler system contractors engaged solely in the installation, inspection,p. maintenance, or servicing of NFPA 13-R fire protection sprinkler systems shall not exceed ((three hundred dollars)) $375;

p.1 SB 5880 inspection, maintenance, or servicing of NFPA 13-R fire protection sprinkler systems shall not exceed ((three hundred dollars)) $600;

1 SSB 5880 (ii) Adopt rules establishing a special category restricted to contractors registered under chapter 18.27 RCW who install underground systems that service fire protection sprinkler systems.

(d) A certificate of competency holder may voluntarily surrender his or her certificate of competency to the state director of fire protectionp. and be relieved of the annual renewal fee.

After2 surrenderingSB the5880 certificateprotection ofand competency,be herelieved orof shethe shallannual notrenewal befee. p.

2After SSBsurrendering 5880the certificate of competency, he or she shall not be known as a certificate of competency holder and shall desist from the practice thereof.

Assistance shall include, but is not limited to, aiding in the identification of recalled components, information sharing strategies aimed at ensuring the consumer is made aware of recalls and voluntary replacement programs, and providing training and assistance to local fire authorities, the fire sprinkler p.

3 SSBSB 5880 aware of recalls and voluntary replacement programs, and providing training and assistance to local fire authorities, the fire sprinkler industry, and the public.

RCW 18.160.080 and 2016 c 81 s 17 are each amended to read as follows:

(1) The state director of fire protection ((may)) must refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:

(a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;

(b) Except as provided in RCW 9.97.020, conviction of a felony;

(c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler system business;

(d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;

(e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter;

or (f) Knowingly violating any provisions of this chapter or the regulations issued thereunder.

(2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.

(3) The state director of fire protection shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order.

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4 SB 5880 If the person has continued to meet all other requirements for issuance or reinstatement during the suspension, issuance or reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

(4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW.

This subsection does not apply to actions taken under subsection (3) of this section.

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RCW 18.160.110 and 1992 c 116 s 4 are each amended to read as follows:

Civil proceedings to enforce this chapter ((may)) must be brought by the attorney general or the prosecuting attorney of any county where a violation occurs on his or her own motion or at the request of the state director of fire protection.

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(1) A fire protection sprinkler system contractor found to have committed an infraction under this chapter as defined in rule under RCW 18.160.030(2)(b)(iii) shall be assessed a fine of not less than ((two hundred dollars)) $300$400 and not more than ((five thousand dollars)) $7,500$10,000 for the first infraction, a fine of not less than $400$800 and not more than $10,000$15,000 for a second infraction by the same contractor, and a fine of not less than $1,000$1,500 and not more than $15,000$20,000 for the third and any subsequent infractions by the same contractor.

(2) A fire protection sprinkler system contractor who fails to obtain a certificate of competency under RCW 18.160.040 shall be assessed a fine of not less than ((one thousand dollars)) $1,500$2,000 and not more than ((five thousand dollars)) $7,500$10,000 for the first infraction, and a fine of not less than $2,500$5,000 and not more than $10,000$20,000 for a second infraction by the same contractor, and a fine of not less than $5,000$10,000 and not more than $25,000$50,000 for the third and any subsequent infractions by the same contractor.

(3)p. All fines collected under this section shall be deposited into the fire protection ((contractor license fund)) compliance account.

5 SB 5880 (3) All fines collected under this section shall be deposited into the fire protection ((contractor license fund)) compliance account.

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