S. 3190--A 2
S 3. The executive law is amended by adding a new article 7-B to read
as follows:
ARTICLE 7-B
WATER-BASED FIRE PROTECTION
LICENSURE ACT
SECTION 178. DEFINITIONS.
178-A. CONTRACTOR LICENSE AND RME CERTIFICATE REQUIREMENTS;
SCOPE OF PRACTICE; PENALTIES FOR NON-COMPLIANCE.
178-B. POWERS OF THE OFFICE OF FIRE PREVENTION AND CONTROL.
178-C. NEW LICENSING AND CERTIFICATION REQUIREMENTS.
178-D. LICENSING AND CERTIFICATION REQUIREMENTS FOR EXISTING
CONTRACTORS.
178-E. FIRE SUPPRESSION SPECIALISTS.
178-F. LICENSE: APPLICATION; INSURANCE; DISPLAY; DUPLICATES.
178-G. LICENSE: RENEWAL; CONTINUING EDUCATION.
178-H. INSPECTION OF FIRE PROTECTION SYSTEMS.
178-I. FEES.
178-J. SUSPENSION AND REVOCATION OF LICENSES AND CERTIFICATES.
178-K. HEARING ON CHARGES; DECISION.
178-L. JUDICIAL REVIEW.
178-M. VIOLATIONS AND PENALTIES.
178-N. OFFICIAL ACTS USED AS EVIDENCE.
178-O. DISPOSITION OF MONEYS DERIVED FROM OPERATION OF ARTICLE.
178-P. APPLICABILITY.
178-Q. CONTRACTUAL AGREEMENTS.
178-R. ELECTRONIC INFORMATION.
178-S. SEPARABILITY.
S 178. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT
REQUIRES OTHERWISE:
1. "A/D/B/A" MEANS ALSO DOING BUSINESS AS.
2. "ADVISORY COUNCIL" MEANS THE NEW YORK FIRE PROTECTION ADVISORY
COUNCIL (NYFPAC) ESTABLISHED BY THE OFFICE OF FIRE PREVENTION AND
CONTROL. THE COUNCIL SHALL BE THE APPROVING BODY OF ALL RULES, REQUIRE-
MENTS, AND FUTURE MODIFICATIONS AFFECTING TRAINING, LICENSURES, CERTIF-
ICATIONS AND OTHER ISSUES WITHIN THIS ARTICLE.
3. "APPRENTICE SPRINKLER FITTER" MEANS A PERSON WITH INTEREST IN AND
APTITUDE FOR PERFORMING FIRE SUPPRESSION WORK KNOWN AS, BUT NOT LIMITED
TO, FIRE SPRINKLER FITTING WORK BUT WHO ALONE IS NOT CAPABLE OF PERFORM-
ING FIRE SUPPRESSION WORK, AND SUCH PERSON MUST BE ENROLLED IN A NEW
YORK STATE REGISTERED FIRE SPRINKLER FITTER APPRENTICESHIP PROGRAM.
4. "APPROVED APPRENTICESHIP PROGRAM" MEANS AN APPRENTICESHIP TRAINING
PROGRAM RECOGNIZED BY THE INDUSTRY AND CERTIFIED AS AN APPRENTICESHIP
PROGRAM BY THE STATE OF NEW YORK OR THE UNITED STATES DEPARTMENT OF
LABOR.
5. "BUSINESS ENTITY" MEANS A FIRM, COMPANY, PARTNERSHIP, LIMITED
LIABILITY COMPANY OR CORPORATION.
6. "ENGINEER OF RECORD" MEANS A PROFESSIONAL ENGINEER LICENSED IN
ACCORDANCE WITH ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW AND
QUALIFIED BY EXPERIENCE AND TRAINING TO PROVIDE DESIGN CRITERIA FOR FIRE
PROTECTION SYSTEMS TO INCLUDE: (A) SELECTION OF TYPE OF SYSTEM AND
COMPONENTS; (B) CLASSIFICATION OF THE HAZARD AND COMMODITIES TO BE
PROTECTED; (C) THE DENSITY AND WATER FLOW AND PRESSURE REQUIREMENTS FOR
THE SPRINKLER SYSTEM DESIGN; (D) CONFIRMATION OF THE AVAILABLE WATER
SUPPLY DATA; (E) PRELIMINARY HYDRAULIC CALCULATIONS TO VERIFY ADEQUACY
OF PROPOSED WATER SUPPLY ARRANGEMENTS; (F) REASONABLE EFFORTS TO IDENTI-
S. 3190--A 3
FY WATER SUPPLIES THAT COULD LEAD TO MICROBIOLOGICALLY INFLUENCED CORRO-
SION (MIC); AND (G) SEISMIC INFORMATION.
7. "FEE", "EXAMINATION FEE", "CERTIFICATION FEE", "LICENSE FEE",
AND/OR "RENEWAL FEE" MEANS THE FEES REQUIRED TO ACCOMPANY AN APPLICATION
OR ISSUANCE OF ANY CERTIFICATE OR LICENSE, INCLUDING ANY TEMPORARY OR
RENEWAL CERTIFICATE OR LICENSE, PURSUANT TO THIS ARTICLE. SUCH FEE SHALL
BE NON-REFUNDABLE.
8. "FIRE SUPPRESSION" MEANS
(A) THE PRACTICE, MATERIALS, AND EQUIPMENT, IN OR ADJACENT TO A BUILD-
ING, OR PREMISES, USED IN THE INSTALLATION, MAINTENANCE, EXTENSION, OR
ALTERATION OF ALL PIPING, MATERIALS, AND EQUIPMENT, BOTH ABOVE AND BELOW
GROUND, AS DEFINED BY THE STATE FIRE CODE, IN CONNECTION WITH THE
DISCHARGE OF WATER, BACKFLOW PREVENTERS, AND PRIVATE WATER SUPPLY
SYSTEMS, FOR THE EXPRESS PURPOSE OF EXTINGUISHING AND CONTROLLING FIRE;
AND
(B) THE PRACTICE OF INSTALLING, REPAIRING, TESTING AND SERVICING FIRE
SUPPRESSION OR FIRE FIGHTING SYSTEMS INCLUDING BOTH OVERHEAD PIPING AND
UNDERGROUND FIRE WATER MAINS, BACKFLOW PREVENTERS, FIRE HYDRANTS AND
HYDRANT MAINS, STANDPIPES AND HOSE CONNECTIONS TO THE FIRE SPRINKLER
SYSTEMS, FIRE SPRINKLER TANK HEATERS, AIR LINES AND THERMAL SYSTEMS USED
IN CONNECTION WITH FIRE SPRINKLER SYSTEMS, TANK AND PUMP CONNECTIONS,
AND FIRE PROTECTION SYSTEMS AS DEFINED BY THE STATE FIRE CODE.
9. "FIRE SPRINKLER SYSTEM" MEANS ANY WATER-BASED AUTOMATIC FIRE EXTIN-
GUISHING SYSTEM EMPLOYING FIRE SPRINKLERS AND CONSISTING OF UNDERGROUND
AND OVERHEAD PIPING OR CONDUITS INCLUDING ACCESSORY FIRE PUMPS AND ASSO-
CIATED PIPING, FIRE STANDPIPES THAT CONVEY WATER WITH OR WITHOUT OTHER
AGENTS TO DISPERSAL OPENINGS OR DEVICES TO EXTINGUISH, CONTROL,
SUPPRESS, OR CONTAIN FIRE AND PROVIDE PROTECTION FROM EXPOSURE TO FIRE
OR THE PRODUCTS OF COMBUSTION AND INSTALLED IN ACCORDANCE WITH APPLICA-
BLE CODES OF THE STATE OF NEW YORK AND RECOGNIZED NFPA STANDARDS.
10. "FULL TIME EMPLOYEE" MEANS AN EMPLOYEE OF THE BUSINESS ENTITY IN A
POSITION EXPECTED TO WORK AT LEAST TWO THOUSAND HOURS PER YEAR. EARNED,
PAID TIME FOR LEAVE SUCH AS VACATION, SICK OR PERSONAL DAYS SHALL NOT
COUNT AGAINST THE TWO THOUSAND HOURS.
11. "GEOGRAPHICAL AREA" MEANS DISTINCT AREAS OF THE STATE AS FOLLOWS:
(A) ZIP CODES 10000 - 12999 AND 13300 - 13999
(B) ZIP CODES 13000 - 13299 AND 14000 - 14999
12. "INSPECTION" MEANS A VISUAL EXAMINATION OF A SYSTEM OR PORTION
THEREOF TO VERIFY THAT IT APPEARS TO BE IN OPERATING CONDITION AND IS
FREE OF PHYSICAL DAMAGE.
13. "INSPECTION, TESTING AND MAINTENANCE SERVICE" MEANS A SERVICE
PROGRAM PROVIDED BY A NEW YORK STATE LICENSED WATER-BASED FIRE
PROTECTION CONTRACTOR OR QUALIFIED BUILDING OWNER'S REPRESENTATIVE IN
WHICH ALL COMPONENTS UNIQUE TO THE PROPERTY'S SYSTEMS ARE INSPECTED AND
TESTED AT THE REQUIRED TIMES AND NECESSARY MAINTENANCE IS PROVIDED. THIS
PROGRAM INCLUDES LOGGING AND RETENTION OF RELEVANT RECORDS AND REPORTING
OF DEFICIENCIES AND MALFUNCTIONS TO THE BUILDING OWNER OR HIS OR HER
AUTHORIZED REPRESENTATIVE AND APPROPRIATE AUTHORITIES THAT MAY BE
REQUIRED.
14. "INSPECTOR" MEANS A PERSON EMPLOYED BY A LICENSED CONTRACTOR WHO
PERFORMS INSPECTION, TESTING AND MAINTENANCE ON A WATER-BASED FIRE
PROTECTION SYSTEM WITHIN THE SCOPE OF NFPA 25. IT IS THE INTENT THAT AN
"INSPECTOR" MEET THE QUALIFICATIONS OF NICET II INSPECTION AND TESTING.
15. "INSTALL" OR "INSTALLATION" MEANS THE INITIAL PLACEMENT OF THE
WATER-BASED FIRE PROTECTION SYSTEM OR ITS EXTENSION OR ALTERATION AFTER
THE INITIAL PLACEMENT.
S. 3190--A 4
16. "JOURNEYPERSON FITTER" MEANS A PERSON QUALIFIED BY AT LEAST TEN
THOUSAND HOURS OF WORK EXPERIENCE INSTALLING, ADJUSTING, REPAIRING, AND
DISMANTLING FIRE SUPPRESSION SYSTEMS AND WHO IS COMPETENT TO INSTRUCT
AND SUPERVISE THE FIRE SUPPRESSION WORK OF APPRENTICE FIRE SPRINKLER
FITTERS.
17. "LAYOUT" MEANS THE PLACEMENT OF RISERS, CROSS MAINS, BRANCH LINES,
SPRINKLER HEADS, SIZING OF PIPE, HANGER LOCATIONS, AND SUPPLEMENTAL
HYDRAULIC CALCULATIONS IN ACCORDANCE WITH THE PROVISIONS OF WATER-BASED
FIRE PROTECTION DESIGN STANDARDS.
18. "LICENSE HOLDER" MEANS A BUSINESS ENTITY LICENSED BY THE OFFICE TO
ENGAGE IN THE BUSINESS OF LAYOUT, INSTALLING, REPAIRING, INSPECTING,
TESTING, OR MAINTAINING WATER-BASED FIRE PROTECTION SYSTEMS UNDER THIS
ARTICLE. ONE LICENSE MAY NAME NO MORE THAN ONE BUSINESS ENTITY.
19. "MAINTENANCE" MEANS WORK PERFORMED BY THE LICENSED WATER-BASED
FIRE PROTECTION CONTRACTOR TO KEEP EQUIPMENT OPERABLE AND MAKE REPAIRS.
20. "MULTIPURPOSE SYSTEM" MEANS A PIPING SYSTEM INTENDED TO SERVE BOTH
THE DOMESTIC AND FIRE PROTECTION NEEDS.
21. "NCCI" MEANS THE NATIONAL COUNCIL ON COMPENSATION INSURANCE.
22. "NFPA" MEANS THE NATIONAL FIRE PROTECTION ASSOCIATION.
23. "NFSA" MEANS THE NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
24. "NICET" MEANS THE NATIONAL INSTITUTE FOR CERTIFICATION IN ENGI-
NEERING TECHNOLOGIES. CERTIFICATIONS BY FUTURE INSTITUTIONS OF THE
EQUIVALENT SHALL NOT BE DENIED.
25. "OFPC" OR "OFFICE" MEANS THE OFFICE OF FIRE PREVENTION AND CONTROL
ESTABLISHED BY ARTICLE SIX-C OF THIS CHAPTER.
26. "POINT OF PRIVATE SERVICE" MEANS THE POINT AT WHICH THE PRIVATE
UNDERGROUND PIPING FOR A WATER-BASED FIRE PROTECTION SYSTEM USING WATER
AS THE EXTINGUISHING AGENT BECOMES USED FOR THE WATER-BASED FIRE
PROTECTION SYSTEM.
27. "REPAIR" MEANS ANY WORK ON A SYSTEM AFTER THE INITIAL INSTALLATION
TO REPLACE, CORRECT AND MAINTAIN THE SYSTEM TO PROVIDE PERFORMANCE AS
ORIGINALLY DESIGNED.
28. "RESPONSIBLE MANAGING EMPLOYEE" OR "RME" MEANS AN INDIVIDUAL
CERTIFIED BY THE OFFICE AND A FULL TIME EMPLOYEE OF THE WATER-BASED FIRE
PROTECTION COMPANY AND DESIGNATED AS THE WATER-BASED FIRE PROTECTION
COMPANY'S QUALIFIER TO DO BUSINESS AS A WATER-BASED FIRE PROTECTION
CONTRACTING COMPANY. THE RME ON A FULL TIME BASIS SUPERVISES THAT EACH
SYSTEM IS INSTALLED, INSPECTED, TESTED, AND MAINTAINED IN COMPLIANCE
WITH STATE CODE AND NATIONALLY ACCEPTED WATER-BASED FIRE PROTECTION
STANDARDS AS ADOPTED BY THE STATE. AN RME MAY SERVE TO QUALIFY ONLY ONE
CONTRACTOR BUSINESS LOCATION. THE RME MAY QUALIFY UP TO TWO SEPARATE
WATER-BASED FIRE SPRINKLER COMPANIES THAT OPERATE IN THE SAME PHYSICAL
BUSINESS LOCATION AND PHYSICAL ADDRESS PROVIDED THAT THE CONTROLLING
BUSINESS PRINCIPAL MAINTAINS BOTH CONTRACTOR LICENSES OF ANY CLASS FOR
BOTH BUSINESSES ALONG WITH ALL OTHER REQUIREMENTS WITHIN THIS ARTICLE AT
ONE LOCATION.
29. "SUPERVISE" OR "SUPERVISION" MEANS THE DIRECTION, MANAGEMENT, AND
OVERSIGHT BY A CERTIFIED RME OF THE ACTIVITIES OF NON-CERTIFIED PERSON-
NEL IN THE LAYOUT, INSTALLING, REPAIRING, INSPECTING, TESTING, OR MAIN-
TAINING REPAIR OF ANY WATER-BASED FIRE PROTECTION SYSTEM. HOWEVER, IT IS
NOT THE INTENTION THAT SUPERVISION REQUIRES THE RME TO HAVE TO BE AT THE
SITE OF EACH LAYOUT, INSTALLATION, REPAIR, INSPECTION, TEST, OR MAINTE-
NANCE OF THE WATER-BASED FIRE PROTECTION SYSTEMS AT ALL TIMES.
30. "TESTING" MEANS A PROCEDURE USED TO DETERMINE THE STATUS OF A
SYSTEM AS INTENDED BY CONDUCTING PERIODIC PHYSICAL CHECKS ON WATER-BASED
FIRE PROTECTION SYSTEMS SUCH AS WATER-FLOW TESTS, FIRE PUMP TESTS, ASSO-
S. 3190--A 5
CIATED ALARM TESTS, AND TRIP TESTS OF DRY PIPE, DELUGE, OR PREACTION
VALVES, FOR COMPARISONS WITH THE ORIGINAL ACCEPTANCE TEST.
31. "TO ENGAGE IN THE BUSINESS OF LAYOUT, INSTALLING, REPAIRING,
INSPECTING, TESTING, OR MAINTAINING WATER-BASED FIRE PROTECTION SYSTEMS"
MEANS AND REFERS TO A NEW YORK STATE LICENSED WATER-BASED FIRE
PROTECTION CONTRACTOR THAT HOLDS ITSELF OUT DIRECTLY OR INDIRECTLY, AS
BEING ABLE, OR WHO OFFERS OR UNDERTAKES, BY ANY MEANS OR METHOD, TO
LAYOUT, INSTALL, REPAIR, INSPECT, TEST, OR MAINTAIN A WATER-BASED FIRE
PROTECTION SYSTEM.
32. "WATER-BASED FIRE PROTECTION CONTRACTOR" CLASSES:
(A) "CONTRACTOR I" OR "WATER-BASED FIRE PROTECTION SYSTEMS CONTRACTOR"
MEANS A BUSINESS ENTITY THAT OFFERS TO UNDERTAKE OR REPRESENTS ITSELF AS
BEING ABLE TO UNDERTAKE, OR DOES UNDERTAKE THE LAYOUT, INSTALLING,
REPAIRING, INSPECTING, TESTING, OR MAINTAINING ALL TYPES OF WATER-BASED
FIRE PROTECTION SYSTEMS AND COMPONENTS. TYPES OF SYSTEMS INCLUDE BUT ARE
NOT LIMITED TO LAND BASED AND MARINE APPLICATIONS OF FIRE SPRINKLER,
STANDPIPE AND HOSE, FIXED WATER SPRAY, AND FOAM FIRE PROTECTION SYSTEMS.
MULTI-PURPOSE NFPA 13D FIRE SPRINKLER SYSTEM LAYOUT, INSTALLATION,
SERVICE, REPAIR, INSPECTION, TEST, OR MAINTENANCE SHALL REQUIRE A
CONTRACTOR I OR III LICENSE AND MEET ALL REQUIREMENTS CONTAINED IN THIS
ARTICLE REGARDLESS OF AND IN ADDITION TO ANY OTHER POTABLE WATER PROFES-
SIONAL OR TRADE REQUIREMENTS, CERTIFICATIONS OR LICENSURES REQUIRED BY
THE STATE.
(B) "CONTRACTOR II" OR "WATER-BASED FIRE PROTECTION SYSTEMS INSPECTION
CONTRACTOR" MEANS A BUSINESS ENTITY THAT IS LIMITED TO THE EXECUTION OF
CONTRACTS REQUIRING THE ABILITY FOR INSPECTION AND TESTING ALONG WITH
MINOR MAINTENANCE OF LAND-BASED AND MARINE WATER-BASED FIRE PROTECTION
SYSTEMS. CONTRACTOR II INSPECTORS SHALL MEET NICET II REQUIREMENTS FOR
INSPECTION AND TESTING OF WATER-BASED SYSTEMS. REPAIRS MAY BE PERFORMED
BY THIS CLASS TO THE LIMIT OF REPLACING DEFICIENT PARTS WITHOUT BEING
CONSIDERED AN ALTERATION OR CHANGE IN THE ORIGINAL SYSTEM.
(C) "CONTRACTOR III" OR "FIRE SPRINKLER SYSTEM CONTRACTOR" MEANS A
BUSINESS ENTITY THAT OFFERS TO UNDERTAKE OR REPRESENTS ITSELF AS BEING
ABLE TO UNDERTAKE, OR DOES UNDERTAKE THE LAYOUT, INSTALLING, REPAIRING,
INSPECTING, TESTING, OR MAINTAINING ALL TYPES OF WATER-BASED FIRE
PROTECTION SYSTEMS AND COMPONENTS WITH THE EXCEPTION OF FOAM SYSTEMS.
TYPES OF SYSTEMS INCLUDE LAND BASED AND MARINE APPLICATIONS OF FIRE
SPRINKLER, STANDPIPE AND HOSE AND FIXED WATER SPRAY. MULTI-PURPOSE NFPA
13D FIRE SPRINKLER SYSTEM LAYOUT, INSTALLATION, SERVICE, REPAIR,
INSPECTION, TEST, OR MAINTENANCE SHALL REQUIRE A CONTRACTOR I OR III
LICENSE AND MEET ALL REQUIREMENTS CONTAINED IN THIS ARTICLE REGARDLESS
OF AND IN ADDITION TO ANY OTHER POTABLE WATER PROFESSIONAL OR TRADE
REQUIREMENTS, CERTIFICATIONS OR LICENSURES REQUIRED BY THE STATE.
(D) "CONTRACTOR IV" OR "NFPA 13D FIRE SPRINKLER CONTRACTOR FOR DWELL-
INGS" MEANS A BUSINESS ENTITY THAT OFFERS TO UNDERTAKE OR REPRESENTS
ITSELF AS BEING ABLE TO UNDERTAKE, OR DOES UNDERTAKE THE LAYOUT,
INSTALLING, SERVICING, REPAIRING, INSPECTING, TESTING, OR MAINTAINING OF
ONE- AND TWO-FAMILY DWELLINGS AND MANUFACTURED HOUSING WATER-BASED FIRE
PROTECTION SYSTEMS AND WHOSE SCOPE OF BUSINESS IS LIMITED TO THE SCOPE
OF APPLICATION OF THE NFPA 13D STANDARD FOR THE INSTALLATION OF SPRIN-
KLER SYSTEMS IN ONE- AND TWO-FAMILY DWELLINGS AND MANUFACTURED HOMES.
MULTI-PURPOSE NFPA 13D FIRE SPRINKLER SYSTEM LAYOUT, INSTALLATION,
SERVICE, REPAIR, INSPECTION, TEST, OR MAINTENANCE SHALL REQUIRE A
CONTRACTOR IV LICENSE AND MEET ALL REQUIREMENTS CONTAINED IN THIS ARTI-
CLE REGARDLESS OF AND IN ADDITION TO ANY OTHER POTABLE WATER PROFES-
S. 3190--A 6
SIONAL OR TRADE REQUIREMENTS, CERTIFICATIONS OR LICENSURES REQUIRED BY
THE STATE.
33. "WATER-BASED FIRE PROTECTION CONTRACTOR BUSINESS LICENSE" MEANS A
LICENSE ISSUED BY THE OFFICE TO A BUSINESS ENTITY TO OPERATE AS A
WATER-BASED FIRE PROTECTION CONTRACTOR.
34. "WATER-BASED FIRE PROTECTION SYSTEM" IS A SYSTEM INDIVIDUALLY
DESIGNED TO PROTECT THE INTERIOR OR EXTERIOR OF A SPECIFIC BUILDING,
STRUCTURE, OR OTHER HAZARD FROM FIRE, WHETHER LAND-BASED OR MARINE. SAID
SYSTEM BEGINS AT THE POINT OF PRIVATE SERVICE AS DEFINED IN THIS ARTICLE
AND ENDS AT THE MOST REMOTE SUPPRESSION DEVICE. SUCH SYSTEMS INCLUDE,
BUT ARE NOT LIMITED TO, WATER FIRE SPRINKLER SYSTEMS, WATER SPRAY
SYSTEMS, FOAM-WATER SPRINKLER SYSTEMS, FOAM-WATER SPRAY SYSTEMS, AND
FOAM EXTINGUISHING SYSTEMS USED FOR FIRE PROTECTION. SUCH SYSTEMS ALSO
INCLUDE ANY OVERHEAD AND PRIVATE UNDERGROUND FIRE MAINS, FIRE HYDRANTS
ATTACHED THERETO, STANDPIPES AND HOSES CONNECTED TO FIRE SPRINKLER
SYSTEMS, FIRE SPRINKLER TANK HEATERS, AIR LINES, THERMAL SYSTEMS USED IN
CONNECTION WITH FIRE SPRINKLER SYSTEMS, AND TANKS AND PUMPS CONNECTED TO
FIRE SPRINKLER SYSTEMS AND INSTALLED IN ACCORDANCE WITH APPLICABLE CODES
OF THE STATE OF NEW YORK AND THE RECOGNIZED NFPA STANDARDS.
35. "YEARS EXPERIENCE" MEANS PROOF OF EMPLOYMENT BASED ON TWO THOUSAND
HOURS PER YEAR IN THE BUSINESS OF WATER-BASED FIRE PROTECTION. EARNED,
PAID TIME FOR LEAVE SUCH AS VACATION, SICK OR PERSONAL DAYS SHALL NOT
COUNT AGAINST THE TWO THOUSAND HOURS.
S 178-A. CONTRACTOR LICENSE AND RME CERTIFICATE REQUIREMENTS; SCOPE OF
PRACTICE; PENALTIES FOR NON-COMPLIANCE. 1. (A) IT IS UNLAWFUL FOR ANY
ORGANIZATION, BUSINESS, OR INDIVIDUAL TO ENGAGE IN THE BUSINESS OF
LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING, TESTING, OR MAIN-
TAINING OF A WATER-BASED FIRE PROTECTION SYSTEM, ACT IN THE CAPACITY OF
A WATER-BASED FIRE PROTECTION CONTRACTOR, OR ADVERTISE ITSELF AS BEING A
WATER-BASED FIRE PROTECTION CONTRACTOR WITHOUT HAVING BEEN DULY LICENSED
AND HOLDING A VALID AND EXISTING LICENSE, EXCEPT AS OTHERWISE PROVIDED
IN THIS ARTICLE. THE HOLDER OF AN RME CERTIFICATE USED TO QUALIFY AN
ORGANIZATION MUST BE A FULL TIME EMPLOYEE OF THE QUALIFIED ORGANIZATION
OR BUSINESS. A CERTIFICATE HOLDER WHO IS EMPLOYED BY MORE THAN ONE
WATER-BASED FIRE PROTECTION CONTRACTOR DURING THE SAME PERIOD OF TIME
SHALL NOT BE THE QUALIFYING CERTIFICATE HOLDER FOR MORE THAN ONE WATER-
BASED FIRE PROTECTION CONTRACTOR.
(B) THE OFFICE SHALL REVOKE, FOR A PERIOD OF TIME DETERMINED BY THE
OFFICE, THE RME CERTIFICATE WHEN AN RME MAKES USE OR ALLOWS THE USE OF
THE CERTIFICATE TO QUALIFY A COMPANY OF WHICH THE CERTIFICATE HOLDER IS
NOT A FULL-TIME EMPLOYEE.
(C) WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, A
CONTRACTOR WHO PERFORMS WATER-BASED FIRE PROTECTION SYSTEMS WORK IN THIS
STATE MUST HAVE IN ITS EMPLOY ONE CERTIFIED RME AT EACH LOCATION WHERE
LAYOUT OF WATER-BASED FIRE PROTECTION SYSTEMS SHOP DRAWINGS IS
PERFORMED. THIS INCLUDES WATER-BASED FIRE PROTECTION SYSTEMS CONTRACTORS
BASED IN OTHER STATES, NEW YORK CITY, SUFFOLK COUNTY AND NASSAU COUNTY
FOR WORK PERFORMED IN AREAS AFFECTED BY THIS ARTICLE.
(D) NOTHING IN THIS SECTION SHALL PROHIBIT AN EMPLOYEE ACTING ON
BEHALF OF GOVERNMENTAL ENTITIES OR INSURANCE PROVIDERS FROM INSPECTING
AND ENFORCING STATE LAW OR REGULATIONS, PROVIDED SUCH EMPLOYEE IS ACTING
SOLELY ON BEHALF OF ITS EMPLOYER. ALL FIRE PROTECTION CERTIFICATES AND
LICENSES REQUIRED BY THIS ARTICLE AND ISSUED BY THE OFFICE SHALL HAVE
STATEWIDE APPLICATION AND LOCAL GOVERNMENTAL ENTITIES ARE PROHIBITED
FROM ESTABLISHING AND IMPOSING MORE OR LESS STRINGENT STANDARDS ON STATE
S. 3190--A 7
CERTIFIED OR LICENSED WATER-BASED FIRE PROTECTION CONTRACTORS OR ITS
EMPLOYEES.
(E) LOCAL GOVERNMENTS SHALL NOT REQUIRE A BUSINESS CERTIFICATE OF A
LICENSED WATER-BASED FIRE PROTECTION CONTRACTOR, ITS RME OR ITS EMPLOY-
EES UNLESS THE COMPANY MAINTAINS AN OFFICE WITHIN SUCH LOCAL GOVERN-
MENT'S JURISDICTION.
2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, NO PERSON OR
BUSINESS ENTITY SHALL ENGAGE IN THE BUSINESS OF LAYOUT, INSTALLING,
SERVICING, REPAIRING, INSPECTING, TESTING, OR MAINTAINING WATER-BASED
FIRE PROTECTION SYSTEMS BEGINNING AT THE POINT OF SERVICE AS DEFINED IN
THIS ARTICLE TO THE MOST REMOTE PARTS OF THE SYSTEM OR HOLD HIMSELF OR
HERSELF OUT AS BEING ABLE SO TO DO UNLESS HE OR SHE IS LICENSED AND
CERTIFIED PURSUANT TO THIS ARTICLE. NOTHING IN THIS ARTICLE SHALL
PROHIBIT A PROPERLY LICENSED BUSINESS ENTITY IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE FROM EMPLOYING INDIVIDUALS INCLUDING LICENSED
JOURNEYPERSONS AND APPRENTICES TO ASSIST IN THE LAYOUT, INSTALLING,
SERVICING, REPAIRING, INSPECTING, TESTING, OR MAINTAINING OF WATER-BASED
FIRE PROTECTION SYSTEMS AND SAID LICENSE HOLDER SHALL BE RESPONSIBLE FOR
THE PROPER LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING, TEST-
ING, OR MAINTAINING OF WATER-BASED FIRE PROTECTION SYSTEMS.
3. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE OFFICE
SHALL REQUIRE NICET, SUB-FIELD OF INSPECTION AND TESTING OF FIRE
PROTECTION SYSTEMS LEVEL II AS PROOF THAT THE INSPECTORS ARE KNOWLEDGE-
ABLE ABOUT NATIONALLY ACCEPTED STANDARDS FOR THE INSPECTION, TESTING,
AND MAINTENANCE OF WATER-BASED FIRE PROTECTION SYSTEMS.
4. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, NO PERSON OR
BUSINESS SHALL ENGAGE IN THE BUSINESS OF LAYOUT, INSTALLING, SERVICING,
REPAIRING, INSPECTING, TESTING, OR MAINTAINING A WATER-BASED FIRE
PROTECTION SYSTEM FOR ONE- AND TWO-FAMILY DWELLINGS OR MANUFACTURED
HOUSING WITHIN THIS STATE, EXEMPTING NEW YORK CITY, SUFFOLK COUNTY AND
NASSAU COUNTY, UNLESS LICENSED AS A WATER-BASED FIRE PROTECTION CONTRAC-
TOR I OR CONTRACTOR IV IN THIS STATE.
5. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE CONTRAC-
TOR I, CONTRACTOR III, OR CONTRACTOR IV, WHO INSTALLS THE UNDERGROUND
PIPING FROM THE POINT OF SERVICE AS DEFINED IN THIS ARTICLE IS RESPONSI-
BLE FOR COMPLETING THE INSTALLATION TO THE ABOVEGROUND CONNECTION
FLANGE, WHICH BY DEFINITION IN THIS ARTICLE IS NO MORE THAN THREE FEET
ABOVE THE FINISHED FLOOR, BEFORE COMPLETING THE CONTRACTOR'S MATERIAL
AND TEST CERTIFICATE FOR UNDERGROUND PIPING DOCUMENT. ABOVEGROUND
CONTRACTORS MAY NOT COMPLETE THE CONTRACTOR'S MATERIAL AND TEST CERTIF-
ICATE FOR UNDERGROUND PIPING DOCUMENT FOR UNDERGROUND PIPING OR PORTIONS
THEREOF WHICH HAVE BEEN INSTALLED BY OTHERS.
6. RETROFITTING OF A BACKFLOW DEVICE ON AN EXISTING WATER-BASED FIRE
PROTECTION SYSTEM WILL CAUSE A REDUCTION IN AVAILABLE WATER PRESSURE AND
MAY CREATE SYSTEM MALFUNCTION. THE DEVELOPMENT OF ABOVEGROUND FIRE
PROTECTION SYSTEM HYDRAULIC CALCULATIONS IS A TASK OF THE CONTRACTOR I,
AS DEFINED IN THIS ARTICLE. ACCORDINGLY, A CONTRACTOR I SHALL BE
CONTRACTED TO INSPECT AND RECALCULATE THE SYSTEM AND TAKE CORRECTIVE
ACTIONS TO ENSURE THAT THE SYSTEM WILL FUNCTION WITH THE AVAILABLE WATER
SUPPLY BEFORE RETROACTIVELY INSTALLING ANY CROSS-CONTAMINATION OR BACK-
FLOW DEVICE UPON ANY EXISTING WATER-BASED FIRE PROTECTION SYSTEMS.
7. A WATER-BASED FIRE PROTECTION CONTRACTOR LICENSED UNDER THIS ARTI-
CLE SHALL NOT:
(A) ENTER INTO A WRITTEN OR ORAL AGREEMENT TO AUTHORIZE, OR OTHERWISE
KNOWINGLY ALLOW A CONTRACTOR WHO IS NOT LICENSED PURSUANT TO THIS ARTI-
S. 3190--A 8
CLE TO ENGAGE IN THE BUSINESS OF, OR ACT IN THE CAPACITY OF, A
WATER-BASED FIRE PROTECTION CONTRACTOR; OR
(B) APPLY FOR OR OBTAIN A CONSTRUCTION PERMIT FOR WATER-BASED FIRE
PROTECTION WORK UNLESS THE WATER-BASED FIRE PROTECTION CONTRACTOR OR THE
BUSINESS ORGANIZATION QUALIFIED BY THE WATER-BASED FIRE PROTECTION
CONTRACTOR HAS CONTRACTED TO CONDUCT THE WORK SPECIFIED IN THE APPLICA-
TION FOR THE PERMIT.
8. ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE OR COMMITS
ANY OF THE ACTS CONSTITUTING CAUSE FOR DISCIPLINARY ACTION AS SET FORTH
IN THIS ARTICLE IS GUILTY OF A MISDEMEANOR, PUNISHABLE AS PROVIDED IN
THIS ARTICLE.
9. IN ADDITION TO THE PENALTIES OTHERWISE PROVIDED IN THIS ARTICLE, A
WATER-BASED FIRE PROTECTION CONTRACTOR LICENSED PURSUANT TO THIS ARTICLE
WHO VIOLATES ANY PROVISION OF THIS SECTION OR WHO COMMITS ANY ACT
CONSTITUTING CAUSE FOR DISCIPLINARY ACTION IS SUBJECT TO SUSPENSION OR
REVOCATION OF THE LICENSE AND ADMINISTRATIVE FINES.
10. A LICENSE HOLDER HAS AN AFFIRMATIVE DUTY TO PROVIDE SUPERVISION TO
EMPLOYEES AND FOR ALL BUSINESS ACTIVITIES. SUCH SUPERVISION SHALL
CONSIST OF REGULAR, FREQUENT AND CONSISTENT PERSONAL GUIDANCE, INSTRUC-
TION, OVERSIGHT AND SUPERINTENDENCE BY THE QUALIFYING RME OR RMES WITH
RESPECT TO THE GENERAL BUSINESS CONDUCTED BY THE FIRM AND ALL MATTERS
RELATING THERETO.
11. (A) THE LICENSE HOLDER SHALL EMPLOY APPRENTICES WHO HAVE SUCCESS-
FULLY ENROLLED IN A NEW YORK STATE REGISTERED OR A UNITED STATES DEPART-
MENT OF LABOR RECOGNIZED FIRE SPRINKLER FITTER APPRENTICESHIP PROGRAM.
(B) NOTWITHSTANDING ANY MORATORIUM ON APPRENTICESHIP TRAINING PROGRAMS
THAT MAY BE IMPOSED BY ANY STATE AGENCY OR BOARD, ON THE EFFECTIVE DATE
OF THIS ARTICLE, FIRE SPRINKLER FITTER APPRENTICESHIP TRAINING PROGRAMS
APPROVED BY THE UNITED STATES DEPARTMENT OF LABOR SHALL BE APPROVED AND
ACCEPTED BY ALL STATE AGENCIES.
12. NOTHING IN THIS ARTICLE SHALL PROHIBIT A PRINCIPAL OF A GIVEN
BUSINESS ENTITY FROM QUALIFYING AS THAT BUSINESS ENTITY'S RME AS LONG AS
THE PRINCIPAL MEETS ALL THE QUALIFIERS.
13. LICENSES ISSUED TO CONTRACTORS AND CERTIFICATES ISSUED TO RMES
SHALL START WITH AN OBVIOUS IDENTIFIER DIGIT FOR EASE OF IDENTIFICATION
BY FIELD STAFF OF THE OFFICE AS WELL AS CODE ENFORCEMENT OFFICIALS AT
ALL LEVELS AND OTHER INTERESTED PARTIES.
(A) CLASS I LICENSES SHALL START WITH "1"
(B) CLASS II LICENSES SHALL START WITH "2"
(C) CLASS III LICENSES SHALL START WITH "3"
(D) CLASS IV LICENSES SHALL START WITH "4"
(E) RME CERTIFICATION NUMBERS SHALL START WITH "R"
(F) FUTURE CLASSIFICATIONS WILL ALSO HAVE A READILY IDENTIFIABLE FIRST
DIGIT FOR THE CLASS AS NOTED ABOVE AND IN OTHER SECTIONS OF THIS ARTI-
CLE.
14. LICENSE APPLICABILITY OVERVIEW:
FUNCTION CLASS I CLASS II CLASS III CLASS IV
INSPECT ALL ALL WATER 13D
TEST ALL ALL WATER 13D
MAINTAIN ALL WATER 13D
INSTALL ALL WATER 13D
REPAIR ALL WATER 13D
MODIFY ALL WATER 13D
15. THE PROPER APPLICATION OF THE REFERENCED WATER-BASED FIRE
PROTECTION SYSTEM INSPECTION, TESTING, AND MAINTENANCE STANDARD REQUIRES
ONE WITH SPECIAL KNOWLEDGE AND CERTIFICATION AS REQUIRED HEREIN. THE ACT
S. 3190--A 9
OF OPENING AND CLOSING VALVES AND OTHER ACTIONS NECESSARY TO ENSURE
SYSTEM READINESS THEREFORE REQUIRES SPECIAL SKILLS AND KNOWLEDGE; AN
UNTRAINED PERSON COULD CAUSE A COSTLY SYSTEM TRIP. ACCORDINGLY, THE
POINT OF CONNECTION FOR FIRE ALARM SIGNALING DEVICES IS THE POINT OF
CONNECTION ON THE INITIATING DEVICE. IT IS THE INTENT THAT ALARM
CONTRACTORS BE PROHIBITED FROM AND ONLY THE APPROPRIATE WATER-BASED FIRE
PROTECTION LICENSE HOLDERS OPENING VALVES OR FLOWING WATER IN
WATER-BASED FIRE PROTECTION SYSTEMS AND THAT TESTING THE WIRES FROM THE
POINT OF CONNECTION BACK TO THE MONITORING DEVICES IS THE SCOPE OF PRAC-
TICE OF AN ALARM TECHNICIAN. THE WATER-BASED SYSTEM INSPECTOR EMPOWERED
TO TEST THE FIRE SUPPRESSION SYSTEM PURSUANT TO THIS ARTICLE IS RESPON-
SIBLE TO FLOW WATER AND RESET THE ALARM PANEL WHEN FLOW AND TAMPER INDI-
CATORS REPORT. IT IS THE INTENT THAT AN ALARM LICENSE IS NOT REQUIRED TO
PERFORM THIS PORTION OF INSPECTION, TESTING, AND MAINTENANCE.
S 178-B. POWERS OF THE OFFICE OF FIRE PREVENTION AND CONTROL. IN ADDI-
TION TO THE POWERS AND DUTIES OTHERWISE PRESCRIBED IN THIS ARTICLE, THE
OFFICE SHALL HAVE THE POWER:
1. TO APPOINT AN ADEQUATE NUMBER OF ASSISTANTS, INSPECTORS AND OTHER
EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTI-
CLE, TO PRESCRIBE THEIR DUTIES, AND TO FIX THEIR COMPENSATION WITHIN THE
AMOUNT APPROPRIATED THEREFOR.
2. TO EXAMINE THE QUALIFICATIONS AND FITNESS OF APPLICANTS FOR CERTIF-
ICATES AND LICENSES UNDER THIS ARTICLE.
3. TO KEEP RECORDS OF ALL CERTIFICATES AND LICENSES ISSUED, SUSPENDED
OR REVOKED AND PUBLISH SUCH CERTIFICATION AND LICENSURE INFORMATION ON A
WEBSITE ACCESSIBLE BY THE PUBLIC.
4. TO PREPARE A MANUAL OF RULES AND REGULATIONS FOR THE LICENSURE
PROCESS OF WATER-BASED FIRE PROTECTION CONTRACTORS AND TO PUBLISH SUCH
INFORMATION ON A WEBSITE ACCESSIBLE BY THE PUBLIC.
5. TO ADOPT SUCH RULES AND REGULATIONS NOT INCONSISTENT WITH THE
PROVISIONS OF THIS ARTICLE, AS MAY BE NECESSARY WITH RESPECT TO THE FORM
AND CONTENT OF APPLICATIONS FOR CERTIFICATES, LICENSES, AND THE RECEP-
TION THEREOF, THE INVESTIGATION AND EXAMINATION OF APPLICANTS AND THEIR
QUALIFICATIONS, AND THE OTHER MATTERS INCIDENTAL OR APPROPRIATE TO HIS
OR HER POWERS AND DUTIES AS PRESCRIBED BY THIS ARTICLE AND FOR THE PROP-
ER ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS ARTICLE, AND
TO AMEND OR REPEAL ANY OF SUCH RULES AND REGULATIONS.
6. THE STATE FIRE ADMINISTRATOR SHALL ESTABLISH THE NEW YORK FIRE
PREVENTION ADVISORY COUNCIL AND HAVE ITS FIRST MEETING WITHIN NINETY
DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE COMPOSED OF NINE MEMBERS AS
FOLLOWS:
(A) THE STATE FIRE ADMINISTRATOR OR HIS OR HER DESIGNEE;
(B) THE DIRECTOR OF THE DIVISION OF CODES ENFORCEMENT AND ADMINIS-
TRATION OR HIS OR HER DESIGNEE;
(C) TWO FIRE SPRINKLER FITTER REPRESENTATIVES APPOINTED BY THE PRESI-
DENT OF THE NEW YORK PIPE TRADES RESIDING IN SEPARATE GEOGRAPHICAL AREAS
OF NEW YORK STATE;
(D) TWO PERSONS APPOINTED BY THE PRESIDENT OF THE NFSA REPRESENTING
BUSINESSES SHALL BE FROM DIFFERENT GEOGRAPHICAL AREAS OF THIS STATE WHO
HAVE BEEN ACTIVELY ENGAGED IN THE BUSINESS OF LAYOUT, INSTALLING,
INSPECTING, TESTING, SERVICING, ALTERING, OR MAINTAINING WATER-BASED
FIRE PROTECTION SYSTEMS FOR AT LEAST FIVE YEARS IMMEDIATELY PRIOR TO
THEIR APPOINTMENT;
(E) THE NFSA REGIONAL MANAGER REPRESENTING NEW YORK; AND
(F) TWO NEW YORK LICENSED PROFESSIONAL ENGINEERS. PROFESSIONAL ENGI-
NEERS IN THE FIRE PROTECTION DISCIPLINE WILL HAVE PRIORITY.
S. 3190--A 10
7. THE CHAIR OF THE ADVISORY COUNCIL SHALL BE THE STATE FIRE ADMINIS-
TRATOR.
8. THE ADVISORY COUNCIL SHALL ACT IN A CAPACITY TO DIRECT THE OFFICE
IN ADMINISTRATION OF THE REQUIREMENTS ESTABLISHED IN THIS ARTICLE. THE
ADVISORY COUNCIL SHALL MEET AT LEAST QUARTERLY BUT MAY MEET MORE OFTEN
AS THE NEED PRESENTS ITSELF. THE FIRST MEETING SHALL BE WITHIN NINETY
DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE. THE ADVISORY COUNCIL SHALL
HAVE THE AUTHORITY TO REVIEW COMPLAINTS AND DISPUTED ADMINISTRATIVE
ACTION AND MAKE NON-BINDING RECOMMENDATIONS FOR DISCIPLINARY ACTION TO
THE OFFICE AT THE REQUEST OF THE CERTIFICATE HOLDER, LICENSE HOLDER, OR
THE OFFICE. THE ADVISORY COUNCIL SHALL MAKE DECISIONS AND SUPPLY IN
WRITING TO THE OFFICE REGARDING RULES, CODES, STANDARDS, INTERPRETATIONS
AND TRAINING. THE ADVISORY COUNCIL MEMBERS' TERMS SHALL EXPIRE JUNE
THIRTIETH AND BIENNIALLY THEREAFTER. A MAJORITY OF THE BOARD INCLUDING
AT LEAST ONE FIRE PROTECTION CONTRACTOR AND ONE TRADE REPRESENTATIVE
SHALL CONSTITUTE A QUORUM TO CONDUCT BUSINESS, VOTE, AND MAKE DECISIONS.
NO MEMBER OF THE ADVISORY COUNCIL SHALL BE PAID A SALARY AS SUCH MEMBER,
BUT EACH SHALL RECEIVE NECESSARY EXPENSES WHILE ATTENDING ADVISORY COUN-
CIL MEETINGS AND REIMBURSEMENT, INCLUDING TRAVEL IN PERFORMANCE OF HIS
OR HER DUTIES.
9. MOTIONS SHALL NOT MOVE FORWARD WITHOUT AT LEAST ONE VOTE IN CONSEN-
SUS FROM EACH A SPRINKLER FITTER REPRESENTATIVE AND A BUSINESS REPRESEN-
TATIVE OF THE ADVISORY COUNCIL.
10. THE ADVISORY COUNCIL SHALL DEVELOP AND MAINTAIN FITTER TESTING FOR
THE PURPOSE OF LICENSURE OF JOURNEYPERSONS AND APPRENTICES WHICH SHALL
BE ADMINISTERED AND ENFORCED BY THE OFFICE.
11. IT IS EXPECTED THAT MEMBERS OF THE ADVISORY COUNCIL MAKE DUE DILI-
GENCE TO PARTICIPATE IN ALL SCHEDULED AND SPECIAL MEETINGS AS REQUIRED.
THE OFFICE SHALL MAKE MINUTES AVAILABLE AS SOON AS REASONABLY POSSIBLE
TO ADVISORY COUNCIL MEMBERS THAT WERE ABSENT.
S 178-C. NEW LICENSING AND CERTIFICATION REQUIREMENTS. 1. ACTIVE NICET
III CERTIFICATE HOLDERS IN "AUTOMATIC SPRINKLER SYSTEMS LAYOUT" AND
NICET II CERTIFICATE HOLDERS IN "SPECIAL HAZARDS" SHALL BE CONSIDERED
HAVING MET REQUIREMENTS FOR CONTRACTOR I.
2. ACTIVE NICET II CERTIFICATE HOLDERS IN "INSPECTION AND TESTING OF
WATER-BASED FIRE PROTECTION SYSTEMS" SHALL BE CONSIDERED HAVING MET
REQUIREMENTS FOR CONTRACTOR II.
3. ACTIVE NICET III CERTIFICATE HOLDERS IN "AUTOMATIC SPRINKLER
SYSTEMS LAYOUT" SHALL BE CONSIDERED HAVING MET REQUIREMENTS FOR CONTRAC-
TOR III.
4. ACTIVE NICET II CERTIFICATE HOLDERS IN "AUTOMATIC SPRINKLER SYSTEMS
LAYOUT" SHALL BE CONSIDERED HAVING MET REQUIREMENTS FOR CONTRACTOR IV.
5. AS A PREREQUISITE FOR LICENSURE AS A CONTRACTOR I THE RME APPLICANT
MUST BE AT LEAST TWENTY-THREE YEARS OF AGE, BE OF GOOD MORAL CHARACTER,
AND SHALL POSSESS FIVE YEARS' PROVEN EXPERIENCE AND PROGRESSIVE TRAINING
IN THE EMPLOY OF A CONTRACTOR I OR A COMBINATION OF EQUIVALENT EDUCATION
AND EXPERIENCE. A CONTRACTOR I SHALL MEET THE CRITERIA OF NICET III
CERTIFICATION IN THE SPECIFIC TECHNICAL DISCIPLINE OF "AUTOMATIC SPRIN-
KLER SYSTEMS LAYOUT" AS A PREREQUISITE WITH NICET "SPECIAL HAZARDS".
6. AS A PREREQUISITE FOR LICENSURE AS A CONTRACTOR II, THE INSPECTORS
MUST BE AT LEAST EIGHTEEN YEARS OF AGE AND BE OF GOOD MORAL CHARACTER.
AN INSPECTOR SHALL MEET THE CRITERIA FOR NICET II FOR INSPECTION AND
TESTING. A NICET I INSPECTOR MAY PERFORM INSPECTION AND TESTING UNDER
DIRECT SUPERVISION OF A NICET II INSPECTOR.
7. AS A PREREQUISITE FOR LICENSURE AS A CONTRACTOR III, THE RME APPLI-
CANT MUST BE AT LEAST TWENTY-THREE YEARS OF AGE, BE OF GOOD MORAL CHAR-
S. 3190--A 11
ACTER, AND SHALL POSSESS FIVE YEARS' PROVEN EXPERIENCE AND PROGRESSIVE
TRAINING IN THE EMPLOY OF A CONTRACTOR I OR III OR A COMBINATION OF
EQUIVALENT EDUCATION AND EXPERIENCE. A CONTRACTOR III SHALL MEET THE
CRITERIA OF NICET III CERTIFICATION IN THE SPECIFIC TECHNICAL DISCIPLINE
OF "AUTOMATIC SPRINKLER SYSTEMS LAYOUT" AS A PREREQUISITE.
8. AS A PREREQUISITE FOR LICENSURE AS A CONTRACTOR IV, THE RME APPLI-
CANT MUST BE AT LEAST TWENTY-THREE YEARS OF AGE, BE OF GOOD MORAL CHAR-
ACTER, AND SHALL POSSESS FIVE YEARS' PROVEN EXPERIENCE AND PROGRESSIVE
TRAINING IN THE EMPLOY OF A CONTRACTOR I OR CONTRACTOR IV OR A COMBINA-
TION OF EQUIVALENT EDUCATION AND EXPERIENCE. AN RME QUALIFYING CONTRAC-
TOR IV SHALL MEET THE CRITERIA OF NICET II CERTIFICATION OR EQUIVALENT
IN THE SPECIFIC TECHNICAL DISCIPLINE OF AUTOMATIC SPRINKLER SYSTEMS
LAYOUT.
9. IF AN APPLICANT FOR AN ORIGINAL LICENSE, AFTER HAVING BEEN NOTIFIED
TO DO SO, DOES NOT SHOW PROOF OF APPLICABLE NICET CERTIFICATION FOR THE
CONTRACTOR CLASS BEING APPLIED FOR WITHIN ONE YEAR FROM THE DATE OF
FILING HIS OR HER APPLICATION, THE FEE PAID BY THE APPLICANT SHALL BE
FORFEITED. NEW APPLICATIONS FOR A LICENSE SHALL BE ACCOMPANIED BY ANOTH-
ER APPLICATION FEE FIXED BY THIS ARTICLE.
10. A NEW YORK STATE PROFESSIONAL ENGINEER LICENSE WITH EDUCATION AND
EXPERIENCE IN FIRE PROTECTION ENGINEERING MAY BE SUBSTITUTED FOR THE
NICET REQUIREMENTS IN THIS SECTION.
S 178-D. LICENSING AND CERTIFICATION REQUIREMENTS FOR EXISTING
CONTRACTORS. 1. (A) ANY BUSINESS ENTITY WHICH PRESENTS TO THE OFFICE
SATISFACTORY EVIDENCE THAT THE BUSINESS HAS BEEN ACTIVELY ENGAGED IN THE
PROPER CLASS OF CONTRACTING IN THE SCOPE OF THE LICENSE APPLIED FOR IN
LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING, TESTING, OR MAIN-
TAINING OF WATER-BASED FIRE PROTECTION SYSTEMS AS A CONTRACTOR I,
CONTRACTOR II, OR CONTRACTOR III WITHIN THIS STATE FOR AT LEAST FIVE
YEARS WITHIN THE PERIOD OF SIX YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE
DATE OF THIS ARTICLE AND SHOW PROOF OF PROPER INSURANCE AS A WATER-BASED
FIRE PROTECTION CONTRACTOR WITHIN THIS STATE, SHALL BE ENTITLED TO A
LICENSE UNDER THIS ARTICLE. EVIDENCE OF DOING BUSINESS SHALL CONSIST OF
PROOF OF FIVE YEARS AS A WATER-BASED FIRE PROTECTION CONTRACTOR AND
PROOF OF FIVE YEARS INSURANCE IMMEDIATE TO APPLICATION AS A WATER-BASED
FIRE PROTECTION CONTRACTOR. PROOF OF FIVE YEARS INSURANCE SHALL INCLUDE
THE LATEST NCCI RATING SHEET FOR WORKERS' COMPENSATION SHOWING THE
APPROPRIATE CODE FOR FIRE SPRINKLER FITTERS.
(B) NEW BUSINESSES THAT HAVE FORMED WITHIN FIVE YEARS PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE THAT PERFORM WORK IN ONE OF THE
WATER-BASED FIRE PROTECTION CONTRACTOR CATEGORIES PURSUANT TO THIS ARTI-
CLE AS AN ALTERNATIVE TO PARAGRAPH (A) OF THIS SUBDIVISION, MAY SHOW
PROOF OF HAVING SUCCESSFULLY COMPLETED A FIRE SPRINKLER APPRENTICESHIP
PROGRAM AS PROVIDED BY FIRE SPRINKLER FITTERS LOCALS OR A NATIONALLY
RECOGNIZED FIRE SPRINKLER ASSOCIATION, SHOW THAT THEIR BUSINESS HAS BEEN
IN EXISTENCE FOR LESS THAN FIVE YEARS, AND SHOW PROOF OF PROPER INSUR-
ANCE AS A WATER-BASED FIRE PROTECTION CONTRACTOR WITHIN THIS STATE.
2. (A) THIS PROVISION FOR FILING FOR A LICENSE AS AN EXISTING BUSINESS
ENTITY PURSUANT TO THIS ACT SHALL BE REPEALED ONE YEAR AFTER THE EFFEC-
TIVE DATE OF THIS ARTICLE.
(B) PROVISIONS ARE REPEALED TWO YEARS FROM THE EFFECTIVE DATE OF THIS
ARTICLE AT WHICH TIME ALL CONTRACTORS AFFECTED BY THIS ARTICLE MUST MEET
THE REQUIREMENTS OF THIS ARTICLE.
S 178-E. FIRE SUPPRESSION SPECIALISTS. 1. THE FOLLOWING CLASSES ARE
DEEMED SPECIALISTS:
(A) JOURNEYPERSON FITTER; AND
S. 3190--A 12
(B) APPRENTICE FITTER.
2. THE OFFICE SHALL IMPLEMENT RULES AND REGULATIONS REGARDING THE
QUALIFICATIONS AND TESTING PURSUANT TO THIS ARTICLE FOR THE PURPOSES OF
REGISTERING SPECIALISTS.
3. IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THE OFFICE, THE
APPLICANT'S SOCIAL SECURITY NUMBER SHALL BE RECORDED ON ANY APPLICATION
FOR A REGISTRATION SUBMITTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
4. THE OFFICE SHALL PREPARE AND ARRANGE FOR THE RECEIPT OF APPLICA-
TIONS FROM THOSE WHO INTEND TO PERFORM FIRE SUPPRESSION WORK WITHIN THE
STATE. SUCH APPLICATION SHALL BE SUFFICIENTLY DETAILED TO ENABLE THE
OFFICE TO DETERMINE THE PRESENCE OR ABSENCE OF AN APPLICANT'S QUALIFICA-
TIONS FOR A LICENSE OF A PARTICULAR CLASS. THE OFFICE MAY REQUIRE APPLI-
CANTS TO SUPPLY AFFIDAVITS OR OTHER DOCUMENTS ATTESTING TO THE APPLI-
CANT'S QUALIFICATIONS FROM PAST EMPLOYERS, OTHER FIRE SPRINKLER FITTERS,
ENGINEERS, AND OTHERS WITH SPECIFIC KNOWLEDGE OF THE APPLICANT'S QUALI-
FICATIONS. THE OFFICE MAY MAKE SUCH OTHER INQUIRIES AS IT CONSIDERS
NECESSARY TO DETERMINE THE QUALIFICATIONS OF THE APPLICANT. AN APPLICANT
EXPRESSLY CONSENTS TO SUCH INQUIRIES BY THE STATE FIRE ADMINISTRATOR OR
HIS OR HER DESIGNEE BY SUCH APPLICANT'S APPLICATION.
5. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE OFFICE
SHALL GRANT LICENSES PURSUANT TO THIS SECTION WITHOUT REQUIRING A TEST.
AFTER THE ONE YEAR PERIOD, THE OFFICE SHALL, IN ADDITION TO ALL OTHER
REQUIREMENTS UNDER THIS ARTICLE, REQUIRE EACH APPLICANT TO PASS A COMPE-
TENCY TEST SHOWING THAT THE APPLICANT IS KNOWLEDGEABLE IN FIRE
SUPPRESSION WORK PRIOR TO ISSUING ANY LICENSE PURSUANT TO THIS ARTICLE.
6. THE OFFICE SHALL ESTABLISH A METHOD FOR ESTABLISHING AN APPLICANT'S
QUALIFICATIONS, INCLUDING THE DETERMINATION OF HOW MANY HOURS OF FIRE
SUPPRESSION WORK THE APPLICANT HAS PERFORMED.
7. THE OFFICE MAY DENY THE APPLICATION OF ANY APPLICANT WHO FAILS TO
COMPLY WITH THE PROVISIONS OF THIS ARTICLE OR ANY RULE OR REGULATION
RELATING THERETO, OR WHO LACKS THE NECESSARY QUALIFICATIONS FOR A
LICENSE.
8. THE OFFICE AND ADVISORY BOARD MAY, UPON COMPLAINT OR UPON HIS OR
HER OWN INQUIRY, AND UPON NOTICE TO A SPECIALIST, SUSPEND OR REVOKE ANY
LICENSE ISSUED PURSUANT TO THIS ARTICLE IF:
(A) THE SPECIALIST APPLICATION AND SUPPORTING DOCUMENTATION WAS MATE-
RIALLY FALSE OR MISLEADING REGARDING THE QUALIFICATIONS OR EXPERIENCE OF
THE APPLICANT; OR
(B) THE SPECIALIST SUBSCRIBED OR VOUCHED FOR A MATERIALLY FALSE OR
MISLEADING STATEMENT BY AN APPLICANT; OR
(C) THE SPECIALIST UNSAFELY OR INCOMPETENTLY PERFORMED FIRE
SUPPRESSION WORK; OR
(D) THE SPECIALIST VIOLATED ANY LAW, RULE, OR REGULATION THAT WAS
ENACTED TO PROTECT THE CONSUMER OR THE PUBLIC AGAINST UNFAIR, UNSAFE,
UNLAWFUL, OR IMPROPER BUSINESS PRACTICES; OR
(E) THE SPECIALIST FAILS TO COMPLY WITH ANY RULE OR REGULATION OF THE
ADVISORY BOARD OR THE OFFICE PROMULGATED TO IMPLEMENT THE PROVISIONS OF
THIS ARTICLE.
9. ANY PERSON AGGRIEVED BY A DECISION OF THE ADVISORY BOARD OR OFFICE
IS ENTITLED TO JUDICIAL REVIEW AS PROVIDED IN THE CIVIL PRACTICE LAW AND
RULES.
10. ANY PERSON, FIRM, CORPORATION, OR EMPLOYEE THEREOF, OR ANY REPRE-
SENTATIVE, MEMBER OR OFFICER OF SUCH FIRM OR CORPORATION ENTERING OR
CAUSING A PERSON TO ENTER UPON OR ENGAGE IN THE BUSINESS OF PERFORMING
ANY FIRE SUPPRESSION WORK AS DEFINED IN THIS SECTION, WITHOUT OBTAINING
THE REQUIRED LICENSE OR OTHERWISE COMPLYING WITH THIS ARTICLE, IS FOR
S. 3190--A 13
THE FIRST OFFENSE GUILTY OF A MISDEMEANOR. UPON CONVICTION THEREOF, SUCH
PERSON SHALL BE FINED NOT LESS THAN ONE HUNDRED DOLLARS, NOR MORE THAN
FIVE HUNDRED DOLLARS. FOR A SECOND AND EACH SUBSEQUENT OFFENSE, THE
PENALTY AND PUNISHMENT SHALL BE A FINE OF NOT LESS THAN FIVE HUNDRED
DOLLARS, NOR MORE THAN ONE THOUSAND DOLLARS. EACH DAY DURING WHICH FIRE
SUPPRESSION WORK IS PERFORMED WITHOUT THE REQUIRED LICENSE OR WHILE NOT
IN COMPLIANCE WITH ANY OF THE PROVISIONS OF THIS SECTION, AFTER OFFICIAL
NOTICE THAT SUCH WORK IS UNLAWFUL, IS A SEPARATE OFFENSE.
11. ANY FIRE SUPPRESSION WORK PERFORMED BY A PERSON WHICH IS DETER-
MINED BY THE STATE FIRE ADMINISTRATOR TO CONSTITUTE A SAFETY OR HEALTH
HAZARD TO MEMBERS OF THE PUBLIC, OR ANY FIRE SUPPRESSION WORK OF AN
EXTENSIVE NATURE BEING PERFORMED BY ANY PERSON WITHOUT THE REQUIRED
LICENSE OR OTHERWISE IN NONCOMPLIANCE WITH THE REQUIREMENTS OF THIS
ARTICLE OR CONTRARY TO AN ORDER OR RULE PROMULGATED LAWFULLY BY THE
OFFICE OR ADVISORY BOARD, IS SUBJECT TO BEING ISSUED A CITATION OR A
CIVIL ACTION IN THE NAME OF THE STATE IN THE SUPREME COURT OF THE COUNTY
WHERE SUCH WORK IS BEING PERFORMED FOR AN INJUNCTION AGAINST SUCH
PERSON, FIRM OR CORPORATION, ENJOINING SUCH WORK OR VIOLATION. A COURT
BY MANDATORY OR PROHIBITORY INJUNCTION MAY COMPEL COMPLIANCE WITH THE
PROVISIONS OF THIS ARTICLE, WITH THE LAWFUL ORDERS OF THE STATE FIRE
ADMINISTRATOR AND WITH ANY FINAL DECISION OF THE ADVISORY COUNCIL. THE
ADVISORY BOARD AND STATE FIRE ADMINISTRATOR SHALL BE REPRESENTED IN ALL
SUCH PROCEEDINGS BY THE ATTORNEY GENERAL OR HIS OR HER DESIGNEE.
12. AS OF THE EFFECTIVE DATE OF THIS ARTICLE, NO MUNICIPALITY OR COUN-
TY MAY REQUIRE ANY LICENSE OR EVIDENCE OF A PERSON'S COMPETENCE AS A
FIRE SUPPRESSION SYSTEM WORKER FROM A PERSON PURSUANT TO THIS ARTICLE AS
A CONDITION PRECEDENT TO PERMISSION TO PERFORM FIRE SUPPRESSION WORK
WITHIN THE MUNICIPALITY. THIS SHALL NOT INCLUDE A LICENSE FOR ANY WORK
COVERED BY ANY NATIONAL, STATE OR MUNICIPAL ELECTRICAL CODE INCLUDING
BUT NOT LIMITED TO PULL STATIONS, STROBES, HEAT DETECTORS, SMOKE DETEC-
TORS, FIRE ALARMS OR BELLS, AND ANY ELECTRICAL WIRING INCLUDING CONDUIT
CONNECTED TO RACEWAY CONTROL CABINETS.
13. THE FIRST DIGIT OF THE LICENSE IDENTIFICATION NUMBER ISSUED TO A
JOURNEYPERSON SHALL BE A "J".
14. THE FIRST DIGIT OF THE LICENSE IDENTIFICATION NUMBER ISSUED TO AN
APPRENTICE SHALL BE AN "A".
15. NO JOURNEYPERSON OR APPRENTICE SHALL HOLD HIMSELF OR HERSELF OUT
TO BE QUALIFIED TO INSTALL, INSPECT, TEST, OR MAINTAIN A FIRE PROTECTION
SYSTEM WITHOUT BEING IN THE ACTIVE EMPLOY OF A LICENSED NEW YORK STATE
WATER-BASED FIRE PROTECTION CONTRACTOR.
16. THE OFFICE MAY ISSUE A TEMPORARY LICENSE TO A FITTER PRIOR TO SUCH
PERSON TAKING AN EXAMINATION IF SUCH PERSON MEETS THE REQUIREMENTS OF A
JOURNEYPERSON FITTER AS DEFINED IN THIS ARTICLE. THE TEMPORARY LICENSE
SHALL ONLY BE ISSUED ONCE TO A PERSON DURING HIS OR HER LIFETIME AND
SHALL ONLY BE VALID FROM THE DATE OF ISSUANCE UNTIL THE DATE OF THE NEXT
EXAMINATION.
S 178-F. LICENSE: APPLICATION; INSURANCE; DISPLAY; DUPLICATES. 1.
AFTER A REPRESENTATIVE RME HAS SUCCESSFULLY PASSED THE DESIGNATED EXAM-
INATION AS PROVIDED IN THIS ARTICLE OR IF THE APPLICANT MEETS THE
PROVISIONS OF THIS ARTICLE, ANY BUSINESS ENTITY DESIRING A LICENSEE TO
ENGAGE IN THE BUSINESS OF LAYOUT, INSTALLING, INSPECTING, SERVICING,
ALTERING, OR MAINTAINING OF WATER-BASED FIRE PROTECTION SYSTEMS PURSUANT
TO THIS ARTICLE, MAY MAKE APPLICATION TO THE OFFICE THEREFOR. THE APPLI-
CATION SHALL BE SUBSCRIBED BY THE APPLICANT AND AFFIRMED BY HIM OR HER
AS TRUE UNDER THE PENALTIES OF PERJURY. THE APPLICATION SHALL BE IN
SUCH FORM AND SHALL CONTAIN SUCH INFORMATION RELATIVE TO THE APPLICANT
S. 3190--A 14
AND HIS OR HER QUALIFICATIONS AS MAY BE PRESCRIBED BY THE OFFICE. EACH
APPLICATION SHALL BE ACCOMPANIED BY EVIDENCE OF EDUCATION, EXPERIENCE,
AND REQUIRED CERTIFICATIONS AS ESTABLISHED IN THIS ARTICLE PROVING THE
LEVEL OF CERTIFICATION FOR INSPECTION BY THE OFFICE.
2. ALL LICENSES SHALL BE FOR A PERIOD OF THREE YEARS.
3. NO LICENSE SHALL BE ASSIGNABLE OR TRANSFERABLE EXCEPT AS PROVIDED
IN THIS ARTICLE.
4. (A) A LICENSE ISSUED TO A LIMITED LIABILITY COMPANY OR CORPORATION
TO ENGAGE IN THE BUSINESS OF LAYOUT, INSTALLING, SERVICING, REPAIRING,
INSPECTING, TESTING, OR MAINTAINING OF WATER-BASED FIRE PROTECTION
SYSTEMS SHALL REQUIRE THAT SUCH BUSINESS BE OPERATED UNDER THE DIRECTION
OF AN RME OF THE LIMITED LIABILITY COMPANY OR CORPORATION, WHO SHALL BE
REQUIRED TO MEET THE CERTIFICATION REQUIREMENTS OF THIS ARTICLE ON
BEHALF OF THE LICENSE HOLDER AND WHO, IN THE CASE OF A CORPORATION,
SHALL NOT BE REQUIRED TO BE AN OFFICER OF THE CORPORATION. IF SUCH RME,
WHO SHALL HAVE MET THE REQUIREMENTS OF THIS ARTICLE, CEASES TO ACT IN
THE CAPACITY OF RME FOR ANY REASON WHATSOEVER, THE LICENSE HOLDER SHALL
NOTIFY THE OFFICE IN WRITING WITHIN FOURTEEN DAYS FROM SUCH TERMINATION
OR CESSATION. THE LICENSE HOLDER MAY CONTINUE TO CONDUCT THE BUSINESS OF
LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING, TESTING, OR MAIN-
TAINING WATER-BASED FIRE PROTECTION SYSTEMS FOR A PERIOD NOT TO EXCEED
SIXTY DAYS FROM THE DATE OF SUCH TERMINATION OR CESSATION. SUCH PERIOD
MAY BE EXTENDED UPON APPLICATION TO THE OFFICE FOR GOOD CAUSE FOR AN
ADDITIONAL PERIOD NOT TO EXCEED ONE HUNDRED TWENTY DAYS. BY THE END OF
SUCH PERIOD A NEW RME, WHO HAS MET THE CERTIFICATION REQUIREMENTS OF
THIS ARTICLE, MUST BE DESIGNATED ON BEHALF OF THE LICENSE HOLDER. A
LICENSE HOLDER MAY QUALIFY AS ONLY ONE COMPANY.
(B) THE LIMITED LIABILITY COMPANY OR CORPORATION SHALL BE LIABLE WITH
RESPECT TO ALL ACTIONS TAKEN BY ITS MEMBER, MANAGER OR MANAGING OFFICER
ACTING ON BEHALF OF SUCH LIMITED LIABILITY COMPANY OR CORPORATION.
5. (A) AS A PREREQUISITE TO ISSUANCE OF A LICENSE, THE OFFICE SHALL
REQUIRE THE BUSINESS ENTITY TO SUBMIT SATISFACTORY EVIDENCE THAT THE
COMPANY HAS OBTAINED APPROPRIATE WATER-BASED FIRE PROTECTION CONTRACTING
COMMERCIAL GENERAL LIABILITY INSURANCE SHOWING PROOF OF APPROPRIATE
COVERAGE AMOUNTS DOING BUSINESS AS DESCRIBED FOR THE APPROPRIATE
CONTRACTOR LEVEL BEING APPLIED FOR PURSUANT TO THIS ARTICLE WITH A MINI-
MUM OF ONE MILLION DOLLARS FOR CONTRACTOR I, CONTRACTOR II, CONTRACTOR
III, AND CONTRACTOR IV. SAID PROOF SHALL SHOW APPROPRIATE COVERAGE FOR
COMPREHENSIVE GENERAL LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGES,
PRODUCT LIABILITY, COMPLETED OPERATIONS, CONTRACTUAL LIABILITY, AND
WORKERS' COMPENSATION. THE ADVISORY COUNCIL MAY ADOPT RULES PROVIDING
FOR THE MINIMAL AMOUNT OF INSURANCE FOR ALL CONTRACTOR CLASSES.
(B) THE WATER-BASED FIRE PROTECTION CONTRACTOR CERTIFICATE OF INSUR-
ANCE SHALL PROVIDE THAT THE INSURANCE SHALL NOT BE MODIFIED, CONTAIN ANY
MATERIAL CHANGE IN COVERAGE OR PERMIT ANY TERMINATION, NON-RENEWAL, OR
CANCELLATION UNLESS THIRTY DAYS' PRIOR NOTICE SHALL BE GIVEN TO THE
OFFICE.
(C) THE WATER-BASED FIRE PROTECTION CONTRACTOR CERTIFICATE OF INSUR-
ANCE MUST INCLUDE THE POLICY NUMBER, DATE OF EXPIRATION, AND PHYSICAL
ADDRESS OF EACH CONTRACTOR LOCATION IN THE STATE AND THE CONTRACTOR'S
OPERATION OF BUSINESS MUST BE NOTED IN THE DESCRIPTION PART OF THE
CERTIFICATE.
(D) THE "STATE OF NEW YORK" SHALL BE NAMED AS THE CERTIFICATE HOLDER.
(E) AN INSURER WHICH FAILS TO SO NOTIFY THE OFFICE SHALL BE SUBJECT TO
THE PENALTIES PROVIDED WITHIN THIS ARTICLE.
S. 3190--A 15
6. UPON SATISFACTION OF THE REQUIREMENTS OF THIS SECTION, THE LICENSE
SHALL BE ISSUED FORTHWITH. HOWEVER, NO LICENSE SHALL REMAIN IN EFFECT
IF, AFTER ISSUANCE, THE LICENSE HOLDER FAILS TO MAINTAIN ALL INSURANCE
COVERAGE REQUIRED BY THIS SECTION.
7. THE OFFICE MAY, AT ANY TIME SUBSEQUENT TO THE ISSUANCE OF THE
LICENSE OR ITS RENEWAL, REQUIRE, UPON DEMAND AND IN NO EVENT MORE THAN
THIRTY DAYS AFTER NOTICE OF THE DEMAND, THE LICENSE HOLDER TO PROVIDE
PROOF OF INSURANCE COVERAGE ON A FORM PROVIDED BY THE OFFICE CONTAINING
CONFIRMATION OF INSURANCE COVERAGE AS REQUIRED BY THIS ARTICLE. FAILURE
TO PROVIDE PROOF OF INSURANCE COVERAGE AS REQUIRED, FOR ANY LENGTH OF
TIME, SHALL RESULT IN THE IMMEDIATE SUSPENSION OF THE LICENSE UNTIL
PROOF OF INSURANCE IS PROVIDED TO AND ACCEPTED BY THE OFFICE.
8. A LICENSE TO CONDUCT THE BUSINESS OF LAYOUT, INSTALLING, SERVICING,
REPAIRING, INSPECTING, TESTING, OR MAINTAINING OF WATER-BASED FIRE
PROTECTION SYSTEMS SHALL BE CONSPICUOUSLY POSTED UPON THE PREMISES WHERE
THE LICENSE HOLDER IS ENGAGED IN SUCH BUSINESS.
9. ALL DOCUMENTS OR RECEIPTS ISSUED BY OR ON BEHALF OF A BUSINESS
LICENSED PURSUANT TO THIS ARTICLE MUST CONTAIN THE IDENTIFICATION NUMBER
ISSUED TO SUCH BUSINESS AND THE PHRASE "LICENSED BY THE N.Y. STATE
OFFICE OF FIRE PREVENTION & CONTROL".
10. ALL ADVERTISING PLACED BY A BUSINESS ENTITY LICENSED UNDER THIS
ARTICLE MUST CONTAIN THE FOLLOWING STATEMENT: "LICENSED BY THE N.Y.
STATE OFFICE OF FIRE PREVENTION & CONTROL".
11. A DUPLICATE LICENSE MAY BE ISSUED FOR ONE LOST, DESTROYED OR MUTI-
LATED UPON APPLICATION THEREFOR ON A FORM PRESCRIBED BY THE OFFICE AND
THE PAYMENT OF THE FEE PRESCRIBED THEREFOR BY THIS ARTICLE. EACH SUCH
DUPLICATE LICENSE SHALL HAVE THE WORD "DUPLICATE" CLEARLY STAMPED OR
WATERMARKED ACROSS THE FACE THEREOF AND SHALL BEAR THE SAME NUMBER AS
THE ONE IT REPLACES. ALL INFORMATION FROM THE ORIGINAL MUST BE TRANS-
POSED IDENTICALLY.
12. NOTICE IN WRITING SHALL BE GIVEN TO THE OFFICE BY THE HOLDER OF A
LICENSE TO CONDUCT THE BUSINESS OF LAYOUT, INSTALLING, INSPECTING,
SERVICING, ALTERING, OR MAINTAINING OF WATER-BASED FIRE PROTECTION
SYSTEMS OF ANY CHANGE IN ADDRESS OF THE BUSINESS TOGETHER WITH THE
RETURN OF LICENSE, WHEREUPON A PROPERLY SIGNED ENDORSEMENT WILL BE MADE
ON THE FACE OF THE LICENSE AS TO SUCH CHANGE AND THE LICENSE THEN
RETURNED TO THE LICENSE HOLDER. A CHANGE OF ADDRESS BY A LICENSE HOLDER
WITHOUT SUCH NOTICE AND ENDORSEMENT OF LICENSE SHALL OPERATE TO CANCEL
THE LICENSE.
13. A LICENSE TO CONDUCT THE BUSINESS OF LAYOUT, INSTALLING, SERVIC-
ING, REPAIRING, INSPECTING, TESTING, OR MAINTAINING OF WATER-BASED FIRE
PROTECTION SYSTEMS ISSUED TO A BUSINESS ENTITY MAY BE USED AFTER THE
DEATH OF THE CERTIFIED RME FOR A PERIOD OF NOT MORE THAN SIXTY DAYS FROM
THE DATE OF DEATH OF SUCH INDIVIDUAL. SUCH SIXTY DAY PERIOD MAY BE
EXTENDED UPON APPLICATION TO THE OFFICE AND FOR GOOD CAUSE SHOWN FOR AN
ADDITIONAL PERIOD NOT TO EXCEED ONE HUNDRED TWENTY DAYS.
S 178-G. LICENSE: RENEWAL; CONTINUING EDUCATION. 1. ANY RME CERTIF-
ICATE WHICH HAS NOT BEEN SUSPENDED OR REVOKED, MAY, UPON THE PAYMENT OF
THE RENEWAL FEE PRESCRIBED BY THIS ARTICLE, BE RENEWED FOR ADDITIONAL
PERIODS OF TWO YEARS FROM ITS EXPIRATION, WITHOUT FURTHER EXAMINATION,
UPON THE FILING OF AN APPLICATION FOR SUCH RENEWAL AND COMPLETION OF THE
CONTINUING EDUCATION REQUIREMENTS PURSUANT TO THIS ARTICLE, ON A FORM
AND WITH SUCH ADDITIONAL INFORMATION AS PRESCRIBED BY THE OFFICE TO
INCLUDE BUT NOT BE LIMITED TO VERIFICATION OF INSURANCE AS REQUIRED
PURSUANT TO THIS ARTICLE.
S. 3190--A 16
2. A RME CERTIFICATE TO QUALIFY FOR THE CONTRACTOR I AND CONTRACTOR
III CLASSIFICATIONS PURSUANT TO THIS ARTICLE SHALL NOT BE RENEWED UNLESS
THE CERTIFICATE HOLDER PRODUCES DOCUMENTATION OF AT LEAST TWENTY-FOUR
CONTACT HOURS OF CONTINUING EDUCATION IN THE WATER-BASED FIRE PROTECTION
DISCIPLINE DURING THE BIENNIAL CERTIFICATION PERIOD.
3. AN RME CERTIFICATE TO QUALIFY FOR THE CONTRACTOR II CLASSIFICATION
AS DEFINED IN THIS ARTICLE SHALL NOT BE RENEWED UNLESS THE CERTIFICATE
HOLDER PRODUCES DOCUMENTATION OF AT LEAST SIXTEEN CONTACT HOURS OF
CONTINUING EDUCATION WITH AT LEAST FOUR OF THOSE HOURS REGARDING
INSPECTION AND TESTING.
4. AN RME CERTIFICATE TO QUALIFY FOR THE CONTRACTOR IV CLASSIFICATION
AS DEFINED IN THIS ARTICLE SHALL NOT BE RENEWED UNLESS THE CERTIFICATE
HOLDER PRODUCES DOCUMENTATION OF AT LEAST SIXTEEN CONTACT HOURS OF
CONTINUING EDUCATION IN THE SCOPE OF NFPA 13D AND APPROPRIATE STATE
REQUIRED FIRE SPRINKLER DOCUMENTS PRIOR TO RENEWAL.
5. THE OFFICE, THROUGH THE ADVISORY COUNCIL, SHALL DEVELOP GUIDELINES
FOR CONTINUING EDUCATION UNITS WHICH MAY BE OBTAINED AT MEETINGS WITH A
TECHNICAL SPEAKER, SEMINARS, CONFERENCES, AND WORKSHOPS, INCLUDING
ON-LINE EDUCATIONAL OFFERINGS WHICH PROVIDE A VERIFICATION SYSTEM OF
ON-LINE ATTENDANCE, DELIVERED BY RECOGNIZED INDUSTRY TRADE ASSOCIATIONS.
6. THE CONTACT HOURS OF CONTINUING EDUCATION MUST BE OBTAINED WITHIN
THE BIENNIAL CERTIFICATION PERIOD. CONTINUING EDUCATION REQUIREMENTS
SUCCESSFULLY OBTAINED FOR NICET RENEWAL FOR THE APPROPRIATE CLASS OF
CONTRACTING MAY BE USED TO MEET THE CONTINUING EDUCATION REQUIREMENTS
PURSUANT TO THIS SECTION.
7. ANY PERSON FAILING TO FILE AN APPLICATION AND FEE FOR RENEWAL OF A
CERTIFICATE WITHIN ONE YEAR IMMEDIATELY FOLLOWING THE EXPIRATION OF THE
LAST CERTIFICATE SHALL PAY AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS, AND
IF THE RME FAILS TO FILE AN APPLICATION AND FEE FOR RENEWAL WITHIN TWO
YEARS HE OR SHE SHALL BE INELIGIBLE FOR SUCH CERTIFICATE UNTIL HE OR SHE
SHALL HAVE AGAIN MET THE REQUIREMENTS SET FORTH IN THIS ARTICLE.
S 178-H. INSPECTION OF FIRE PROTECTION SYSTEMS. 1. THE OFFICE SHALL
HAVE THE RIGHT TO INSPECT ANY FIRE PROTECTION SYSTEM DURING AND AFTER
CONSTRUCTION TO DETERMINE THAT SUCH SYSTEM MEETS THE STANDARDS SET FORTH
IN ACCORDANCE WITH SPECIFIC PROJECT REQUIREMENTS AND EXISTING STATE AND
FEDERAL LAW.
2. WATER-BASED FIRE PROTECTION SYSTEMS INSTALLED IN PUBLIC AND PRIVATE
PROPERTIES, EXCEPT ONE- OR TWO-FAMILY DWELLINGS, SHALL BE INSPECTED
FOLLOWING PROCEDURES ESTABLISHED IN THE NATIONALLY RECOGNIZED
INSPECTION, TESTING, AND MAINTENANCE STANDARD NFPA-25 AS SET FORTH IN
ARTICLE NINETEEN OF THIS CHAPTER. QUARTERLY, ANNUAL, THREE-YEAR, AND
FIVE-YEAR INSPECTIONS CONSISTENT WITH THE CONTRACTUAL PROVISIONS WITH
THE OWNER SHALL BE CONDUCTED BY THE LICENSE HOLDER'S INSPECTORS EMPLOYED
BY THE LICENSE HOLDER PURSUANT TO PROVISIONS OF THIS ARTICLE. THIS
SECTION DOES NOT PROHIBIT GOVERNMENTAL ENTITIES AND CODE ENFORCEMENT
OFFICIALS IN THE PERFORMANCE OF THEIR DUTIES FROM INSPECTING AND ENFORC-
ING STATE ADOPTED AND REFERENCED STANDARDS AND CODES.
3. THE INTENT OF THE WATER-BASED FIRE PROTECTION SYSTEM INSPECTOR IS
TO PROTECT THE PUBLIC FROM PAYING FOR SERVICES PROVIDED FROM UNQUALIFIED
AND UNTRAINED PERSONNEL. THE FURTHER INTENT IS TO PROVIDE AN IDENTIFICA-
TION SYSTEM TO HELP THE CONSUMER IDENTIFY UNLICENSED ACTIVITY. IT IS
UNDERSTOOD THAT SOME FIRE PROTECTION SYSTEMS MAY REQUIRE MAINTENANCE AND
REPAIR ACTIVITY BEYOND THE SCOPE OF PRACTICE OF THE INSPECTOR AND
ACCORDINGLY MAINTENANCE AND REPAIR PERSONNEL WILL WORK ON THE SYSTEM
WHOSE WORK TYPICALLY IS APPROVED BY THE OWNER PRIOR TO REPAIRS.
S. 3190--A 17
4. A BUILDING OWNER OR BUILDING OWNER'S AUTHORIZED REPRESENTATIVE
SHALL CONTRACT WITH A NEW YORK LICENSED CONTRACTOR I, CONTRACTOR II, OR
CONTRACTOR III FOR THE MEANS OF SCHEDULED INSPECTION AND TESTING BEFORE
ANY CERTIFICATE OF OCCUPANCY IS ISSUED. THE INSPECTING CONTRACTOR SHALL
PROVIDE TO THE BUILDING OWNER A COPY OF THE INSPECTION REPORT ESTAB-
LISHED DETAILING APPLICABLE STATE CODE REQUIREMENTS AND NFPA 25 STANDARD
INSPECTION, TESTING, AND MAINTENANCE CRITERIA. THE MAINTENANCE OF
WATER-BASED FIRE PROTECTION SYSTEMS AS WELL AS CORRECTIVE ACTIONS ON
DEFICIENT SYSTEMS IS THE RESPONSIBILITY OF THE OWNER OF THE WATER-BASED
FIRE PROTECTION SYSTEM OR HYDRANT CONNECTED THERETO. IT IS RECOGNIZED
THAT THE INSPECTING CONTRACTOR AND THE INSTALLING CONTRACTOR MAY NOT BE
THE SAME. THE LIMIT OF LIABILITY OF INSPECTING CONTRACTORS SHALL BE THAT
OF THE DOLLAR VALUE OF THE INSPECTION, TESTING, AND MAINTENANCE
CONTRACT. THE INSTALLING WATER-BASED FIRE PROTECTION CONTRACTOR SHALL BE
REPOSED AND MAY NOT BE SUED FOR LATENT CONSTRUCTION DEFECTS, THOSE NOT
APPARENT BY REASONABLE INSPECTION, MORE THAN TEN YEARS AFTER SUBSTANTIAL
COMPLETION OF A PROJECT.
5. IT IS THE INTENT OF THIS ARTICLE THAT THE INSPECTIONS AND TESTING
OF AUTOMATIC FIRE SPRINKLER SYSTEMS FOR DETACHED ONE-FAMILY DWELLINGS,
DETACHED TWO-FAMILY DWELLINGS, AND MANUFACTURED HOUSING WITHIN THE SCOPE
OF NFPA 13D ARE ACCOMPLISHED BY THE BUILDING OWNER. THE BUILDING OWNER
IS FURTHER RESPONSIBLE FOR REQUESTING SERVICE FROM A LICENSED STATE
CONTRACTOR I OR CONTRACTOR IV WHEN ANY DEFICIENCY EXISTS. IT IS FURTHER
INTENDED THAT THE NFPA 25 INSPECTION OF EXPOSED UNDERGROUND PIPING
SUPPLYING A WATER-BASED FIRE PROTECTION SYSTEM FROM POINT OF PRIVATE
SERVICE BE CONDUCTED UNDER CONTROL OF A CONTRACTOR I.
6. MAINTENANCE OF FIRE PROTECTION SYSTEMS AS WELL AS CORRECTIVE
ACTIONS ON DEFICIENT SYSTEMS IS THE RESPONSIBILITY OF THE OWNER OF THE
SYSTEM OR PRIVATE HYDRANT. NOTWITHSTANDING INSPECTION CONTRACTS WITH
CONFLICTING LANGUAGE, THE OWNER OF THE FIRE PROTECTION SYSTEM OR PRIVATE
HYDRANT SHALL INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY TO THE
CONTRACT AND THEIR OFFICERS AND EMPLOYEES FROM LIABILITIES, DAMAGES,
LOSSES AND COSTS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS'
FEES TO THE EXTENT CAUSED BY THE NEGLIGENCE, RECKLESSNESS, OR INTEN-
TIONAL FAILURE OF THE OWNER TO MAINTAIN OR TAKE CORRECTIVE ACTION TO
MAINTAIN A FIRE PROTECTION SYSTEM OR PRIVATE HYDRANT.
7. EFFECTIVE TWO YEARS FROM THE EFFECTIVE DATE OF THIS ARTICLE, THE
OFFICE SHALL REQUIRE THE NICET II "INSPECTION AND TESTING OF WATER-BASED
FIRE PROTECTION SYSTEMS" OR EQUIVALENT TRAINING AND EDUCATION AS DETER-
MINED BY THE OFFICE FOR AN RME QUALIFYING A CONTRACTOR II AS PROOF THAT
THEY ARE KNOWLEDGEABLE IN NATIONALLY ACCEPTED STANDARDS FOR THE
INSPECTION OF WATER-BASED FIRE PROTECTION SYSTEMS.
8. THE CONTINUING EDUCATION REQUIREMENTS FOR CONTRACTOR II RME OR RMES
SHALL BE SIXTEEN CONTACT HOURS DURING EACH BIENNIAL RENEWAL PERIOD. IT
IS THE RESPONSIBILITY OF THE CONTRACTOR II RME TO MAINTAIN NICET II
"INSPECTION AND TESTING OF WATER-BASED FIRE PROTECTION SYSTEMS" CERTIF-
ICATION AS A CONDITION OF PERMIT RENEWAL AFTER TWO YEARS OF THE EFFEC-
TIVE DATE OF THIS ARTICLE. CONTINUING EDUCATION REQUIREMENTS NEEDED FOR
NICET RENEWAL OR EQUIVALENT MAY BE USED TO MEET THE CONTINUING EDUCATION
REQUIREMENTS.
S 178-I. FEES. 1. THE FEE FOR A LICENSE TO ENGAGE IN THE BUSINESS OF
LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING, TESTING, OR MAIN-
TAINING OF WATER-BASED FIRE PROTECTION SYSTEMS SHALL BE TWO HUNDRED
DOLLARS. FOR EACH RENEWAL THEREOF, THE FEE SHALL BE ONE HUNDRED DOLLARS.
2. THE FEE FOR RME CERTIFICATION UNDER THIS ARTICLE SHALL BE ONE
HUNDRED DOLLARS.
S. 3190--A 18
3. THE FEE FOR ISSUING A DUPLICATE CERTIFICATE OR LICENSE IN SUBSTI-
TUTION FOR ONE LOST, DESTROYED, OR MUTILATED SHALL BE TWENTY-FIVE
DOLLARS.
4. THE FEE FOR CHANGING A NAME OR ADDRESS SHALL BE TEN DOLLARS.
5. THE OFFICE MAY CHARGE A FEE NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS
FOR THE ISSUANCE OF A SPECIALIST LICENSE.
6. ANY JOURNEYPERSON OR APPRENTICE LICENSES ISSUED PURSUANT TO THIS
ARTICLE SHALL BE VALID FOR A PERIOD OF TWO YEARS. A LICENSEE MAY RENEW
HIS OR HER LICENSE UPON THE PAYMENT OF A FIFTY DOLLAR RENEWAL FEE. EACH
RENEWAL LICENSE SHALL BE VALID FOR A TWO-YEAR PERIOD.
7. THE FEES SET FORTH IN THIS SECTION SHALL BE FOR CERTIFICATES AND
LICENSES ISSUED FOR THE CERTIFICATE OR LICENSE PERIOD OF TWO YEARS OR A
FRACTION OF SUCH PERIOD.
S 178-J. SUSPENSION AND REVOCATION OF LICENSES AND CERTIFICATES. 1. A
LICENSE TO ENGAGE IN THE BUSINESS OF LAYOUT, INSTALLING, SERVICING,
REPAIRING, INSPECTING, TESTING, OR MAINTAINING OF WATER-BASED FIRE
PROTECTION SYSTEMS MAY BE SUSPENDED OR REVOKED, OR IN LIEU THEREOF A
FINE NOT EXCEEDING ONE THOUSAND DOLLARS PER VIOLATION PAYABLE TO THE
OFFICE MAY BE IMPOSED OR A REPRIMAND ISSUED BY THE OFFICE, FOR ANY ONE
OR MORE OF THE FOLLOWING CAUSES:
(A) FRAUD OR BRIBERY IN SECURING A LICENSE;
(B) THE MAKING OF ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN ANY
APPLICATION OR OTHER STATEMENT OR CERTIFICATE REQUIRED BY OR PURSUANT TO
THIS ARTICLE;
(C) INCOMPETENCE;
(D) FAILURE TO DISPLAY THE LICENSE AS PROVIDED IN THIS ARTICLE;
(E) VIOLATION OF ANY PROVISION, RULE OR REGULATION OF THIS ARTICLE;
(F) CONVICTION OF A FELONY INVOLVING FRAUD, THEFT, PERJURY OR BRIBERY
OR OTHER CAUSE WHICH WOULD PERMIT DISQUALIFICATIONS FROM RECEIVING A
LICENSE UPON THE ORIGINAL APPLICATION;
(G) FAILURE TO SUPERVISE, AS DEFINED IN THIS ARTICLE, THE INSTALLATION
OF THE FIRE PROTECTION SYSTEM COVERED BY THE BUILDING PERMIT SIGNED BY
THE RME CERTIFICATE HOLDER;
(H) VIOLATION OF ANY PROVISION OF THIS ARTICLE OR ANY RULE ADOPTED AND
PROMULGATED PURSUANT TO THIS ARTICLE OR THE FAILURE OR REFUSAL TO COMPLY
WITH ANY NOTICE OR ORDER TO CORRECT A VIOLATION OR ANY CEASE AND DESIST
ORDER BY ANY CERTIFIED RME OR BUSINESS HOLDING A LICENSE. ANY SUCH
VIOLATION SHALL BE CAUSE FOR DENIAL, NON-RENEWAL, REVOCATION, OR SUSPEN-
SION OF SUCH CERTIFICATE OR LICENSE BY THE OFFICE AFTER SUCH OFFICER HAS
DETERMINED GUILT OF SUCH VIOLATION;
(I) IMPROPER LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING,
TESTING, OR MAINTAINING A WATER-BASED FIRE PROTECTION SYSTEM OR PRIVATE
UNDERGROUND WATER SUPPLY MAIN CONNECTING TO THE SYSTEM;
(J) RENDERING INOPERATIVE A WATER-BASED FIRE PROTECTION SYSTEM EXCEPT
DURING SUCH TIME AS THE SYSTEM IS BEING INSPECTED, TESTED, SERVICED,
REPAIRED, OR MAINTAINED, OR EXCEPT PURSUANT TO A COURT ORDER;
(K) WHILE HOLDING A CERTIFICATE OR LICENSE, ALLOWING ANOTHER PERSON TO
USE THE CERTIFICATE OR LICENSE NUMBER, OR USING A CERTIFICATE OR LICENSE
NUMBER OTHER THAN THE VALID CERTIFICATE OR LICENSE NUMBER; AND
(L) FAILURE TO PROVIDE PROOF OF INSURANCE TO THE OFFICE OR FAILURE TO
MAINTAIN IN FORCE THE INSURANCE COVERAGE REQUIRED BY THIS ARTICLE.
2. AN ORDER OF SUSPENSION SHALL STATE THE PERIOD OF TIME OF SUCH
SUSPENSION, WHICH PERIOD MAY NOT BE IN EXCESS OF TWO YEARS FROM THE DATE
OF SUCH ORDER. SUCH ORDERS SHALL AFFECT SUSPENSION OR REVOCATION OF ALL
CERTIFICATES OR LICENSES THEN HELD BY THE PERSON OR BUSINESS ENTITY AND
DURING SUCH PERIOD OF TIME NO CERTIFICATE OR LICENSE SHALL BE ISSUED TO
S. 3190--A 19
SUCH PERSON OR BUSINESS ENTITY. DURING THE SUSPENSION OR REVOCATION OF
ANY CERTIFICATE OR LICENSE, THE FORMER HOLDER SHALL NOT ENGAGE IN,
ATTEMPT, OR PROFESS TO ENGAGE IN ANY TRANSACTION OR BUSINESS FOR WHICH A
CERTIFICATE OR LICENSE IS REQUIRED UNDER THIS ARTICLE OR DIRECTLY OR
INDIRECTLY OWN, CONTROL, OR BE EMPLOYED IN ANY MANNER BY ANY FIRM, BUSI-
NESS, OR CORPORATION FOR WHICH A CERTIFICATE OR LICENSE UNDER THIS ARTI-
CLE IS REQUIRED. IF, DURING THE PERIOD BETWEEN THE BEGINNING OF
PROCEEDINGS AND THE ENTRY OF AN ORDER OF SUSPENSION OR REVOCATION BY THE
OFFICE, A NEW CERTIFICATE OR LICENSE HAS BEEN ISSUED TO THE PERSON OR
BUSINESS ENTITY SO CHARGED, THE ORDER OF SUSPENSION OR REVOCATION SHALL
OPERATE TO SUSPEND OR REVOKE SUCH NEW CERTIFICATE OR LICENSE HELD BY
SUCH PERSON OR BUSINESS ENTITY.
3. THE OFFICE SHALL NOT, SO LONG AS THE REVOCATION OR SUSPENSION
REMAINS IN EFFECT, GRANT ANY NEW LICENSE FOR THE ESTABLISHMENT OF ANY
NEW FIRM, BUSINESS, OR CORPORATION OF ANY PERSON, BUSINESS PARTNERSHIP,
OR QUALIFIER THAT HAS OR WILL HAVE THE SAME OR SIMILAR MANAGEMENT,
OWNERSHIP, CONTROL, EMPLOYEES, OR LICENSE HOLDERS, OR WILL USE A SAME OR
SIMILAR NAME AS A PREVIOUSLY REVOKED OR SUSPENDED FIRM, BUSINESS, CORPO-
RATION, PERSON, OR QUALIFIER. IN ADDITION, THE OFFICE SHALL NOT ISSUE A
NEW LICENSE IF IT FINDS THAT THE CIRCUMSTANCE OR CIRCUMSTANCES FOR WHICH
THE CERTIFICATE OR LICENSE WAS PREVIOUSLY REVOKED OR SUSPENDED STILL
EXIST OR ARE LIKELY TO RECUR.
4. WHENEVER THE LICENSE TO ENGAGE IN THE BUSINESS OF LAYOUT, INSTALL-
ING, INSPECTING, SERVICING, TESTING, REPAIRING, OR MAINTAINING OF
WATER-BASED FIRE PROTECTION SYSTEMS IS REVOKED, SUCH LICENSE SHALL NOT
BE REINSTATED OR REISSUED UNTIL AFTER THE EXPIRATION OF A PERIOD OF FIVE
YEARS FROM THE DATE OF SUCH REVOCATION.
5. THE FILING OF A PETITION IN BANKRUPTCY, EITHER VOLUNTARY OR INVOL-
UNTARY, OR THE MAKING OF A COMPOSITION OF CREDITORS OR THE APPOINTMENT
OF A RECEIVER FOR THE BUSINESS ENTITY'S LICENSE MAY BE CONSIDERED BY THE
OFFICE AS JUST CAUSE FOR SUSPENSION OF A LICENSE.
6. THE LAPSE OR SUSPENSION OF A LICENSE BY OPERATION OF LAW OR BY
ORDER OF THE OFFICE OR A COURT OR ITS VOLUNTARY SURRENDER BY A LICENSE
HOLDER DOES NOT DEPRIVE THE OFFICE TO INVESTIGATE OR ACT IN DISCIPLINARY
PROCEEDINGS AGAINST THE LICENSE HOLDER.
S 178-K. HEARING ON CHARGES; DECISION. NO CERTIFICATE OR LICENSE
SHALL BE SUSPENDED OR REVOKED NOR SHALL ANY FINE OR REPRIMAND BE IMPOSED
UNTIL AFTER A HEARING IS HELD BEFORE AN OFFICER OR EMPLOYEE OF THE
OFFICE DESIGNATED FOR SUCH PURPOSE BY THE OFFICE, UPON NOTICE TO THE
CERTIFICATE OR LICENSE HOLDER OF AT LEAST TEN DAYS. THE OFFICE SHALL
CONSIDER THE RECOMMENDATIONS OF THE ADVISORY COUNCIL. THE NOTICE SHALL
BE SERVED EITHER PERSONALLY OR BY REGISTERED MAIL AND SHALL STATE THE
DATE AND PLACE OF HEARING AND SET FORTH THE GROUND OR GROUNDS CONSTITUT-
ING THE CHARGES AGAINST THE CERTIFICATE OR LICENSE HOLDER. THE CERTIF-
ICATE OR LICENSE HOLDER SHALL HAVE THE OPPORTUNITY TO BE HEARD IN HIS OR
HER DEFENSE EITHER IN PERSON OR BY COUNSEL AND MAY PRODUCE WITNESSES AND
TESTIFY IN HIS OR HER BEHALF. A STENOGRAPHIC RECORD OF THE HEARING SHALL
BE TAKEN AND PRESERVED. THE HEARING MAY BE ADJOURNED FROM TIME TO TIME.
THE PERSON CONDUCTING THE HEARING SHALL MAKE A WRITTEN REPORT OF HIS OR
HER FINDINGS AND A RECOMMENDATION TO THE OFFICE FOR DECISION. THE OFFICE
SHALL REVIEW SUCH FINDINGS AND THE RECOMMENDATION AND, AFTER DUE DELIB-
ERATION, SHALL ISSUE AN ORDER ACCEPTING, MODIFYING OR REJECTING SUCH
RECOMMENDATION AND DISMISSING THE CHARGES OR SUSPENDING OR REVOKING THE
CERTIFICATE OR LICENSE OR IN LIEU THEREOF IMPOSING A FINE OR REPRIMAND
UPON THE CERTIFICATE OR LICENSE HOLDER. FOR THE PURPOSE OF THIS ARTICLE,
THE OFFICE OR ANY DESIGNATED OFFICER OR EMPLOYEE OF THE OFFICE, MAY
S. 3190--A 20
ADMINISTER OATHS, TAKE TESTIMONY, SUBPOENA WITNESSES AND COMPEL THE
PRODUCTION OF BOOKS, PAPERS, RECORDS AND DOCUMENTS DEEMED PERTINENT TO
THE SUBJECT OF INVESTIGATION.
S 178-L. JUDICIAL REVIEW. THE ACTION OF THE OFFICE IN SUSPENDING,
REVOKING OR REFUSING TO ISSUE OR RENEW A CERTIFICATE OR LICENSE, OR
IMPOSING A FINE OR REPRIMAND ON THE HOLDER THEREOF MAY BE REVIEWED BY A
PROCEEDING BROUGHT PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES.
S 178-M. VIOLATIONS AND PENALTIES. ANY PERSON OR BUSINESS ENTITY WHO
SHALL DIRECTLY OR INDIRECTLY ENGAGE IN THE BUSINESS OF LAYOUT, INSTALL-
ING, SERVICING, REPAIRING, INSPECTING, TESTING, OR MAINTAINING
WATER-BASED FIRE PROTECTION SYSTEMS OR HOLD ONESELF OUT TO THE PUBLIC AS
BEING ABLE SO TO DO WITHOUT A LICENSE THEREFOR, OR WHO SHALL VIOLATE ANY
OF THE PROVISIONS OF THIS ARTICLE, OR HAVING HAD A CERTIFICATE OR
LICENSE SUSPENDED OR REVOKED, SHALL CONTINUE TO ENGAGE IN SUCH BUSINESS
OR WHO, WITHOUT A LICENSE TO ENGAGE IN SUCH BUSINESS, DIRECTLY OR INDI-
RECTLY EMPLOYS, PERMITS OR AUTHORIZES AN UNCERTIFIED PERSON TO ENGAGE IN
THE BUSINESS OF LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING,
TESTING, OR MAINTAINING WATER-BASED FIRE PROTECTION SYSTEMS, SHALL BE
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE PUNISHABLE BY
IMPRISONMENT OF NOT MORE THAN SIX MONTHS, OR BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS OR BY BOTH SUCH FINE AND IMPRISONMENT UPON THE
FIRST CONVICTION AND BY IMPRISONMENT OF NOT MORE THAN ONE YEAR OR BY A
FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND
DOLLARS OR BY BOTH SUCH FINE AND IMPRISONMENT UPON A SUBSEQUENT
CONVICTION. EACH VIOLATION OF THIS ARTICLE SHALL BE DEEMED A SEPARATE
OFFENSE.
S 178-N. OFFICIAL ACTS USED AS EVIDENCE. THE OFFICIAL ACTS OF THE
OFFICE SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS THEREIN AND SHALL BE
ENTITLED TO BE RECEIVED IN EVIDENCE IN ALL ACTIONS AT LAW AND OTHER
LEGAL PROCEEDINGS IN ANY COURT OR BEFORE ANY BOARD, BODY OR OFFICER.
S 178-O. DISPOSITION OF MONEYS DERIVED FROM OPERATION OF ARTICLE.
FEES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE PAID INTO AN APPROPRI-
ATE ACCOUNT FOR THE OFFICE PURSUANT TO THE STATE FINANCE LAW FOR ADMIN-
ISTRATION OF THIS ARTICLE. ALL REMAINING MONEYS DERIVED FROM THE OPERA-
TION OF THIS ARTICLE SHALL, ON OR BEFORE THE TENTH DAY OF EACH MONTH, BE
PAID INTO THE GENERAL FUND OF THE STATE TREASURY TO THE CREDIT OF SUCH
ACCOUNT.
S 178-P. APPLICABILITY. 1. THIS ARTICLE DOES NOT APPLY TO ANY INDI-
VIDUAL PERFORMING FIRE SUPPRESSION WORK IN NEW YORK CITY, NASSAU COUNTY,
OR SUFFOLK COUNTY. ANY MUNICIPALITY OR LOCAL GOVERNMENTAL AGENCY LOCATED
IN NEW YORK CITY, OR NASSAU COUNTY OR SUFFOLK COUNTY MAY REQUIRE OTHER
LICENSES OR EVIDENCE OF A PERSON'S COMPETENCE TO LAYOUT, INSTALL,
REPAIR, INSPECT, TEST, OR MAINTAIN ALL TYPES OF WATER-BASED FIRE
PROTECTION SYSTEMS AND COMPONENTS. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO IMPLY A HOLDER OF NEW YORK CITY, NASSAU COUNTY OR SUFFOLK
COUNTY LICENSE OR LICENSES AS HAVING ANY STANDING OUTSIDE THE BOUNDARIES
OF SUCH CITY OR COUNTIES.
2. THIS ARTICLE SHALL NOT APPLY TO:
(A) A PERSON WHO PERFORMS FIRE SUPPRESSION WORK WITH RESPECT TO ANY
ONE- OR TWO-FAMILY DWELLING OWNED OR LEASED BY THAT PERSON;
(B) A PERSON WHO, WHILE EMPLOYED BY A PUBLIC UTILITY OR ITS AFFILIATE,
PERFORMS PLUMBING OR FIRE SUPPRESSION WORK IN CONNECTION WITH THE
FURNISHING OF PUBLIC UTILITY SERVICE; OR
(C) ANY WORK COVERED BY ANY NATIONAL, STATE OR MUNICIPAL ELECTRICAL
CODE INCLUDING BUT NOT LIMITED TO PULL STATIONS, STROBES, HEAT DETEC-
S. 3190--A 21
TORS, SMOKE DETECTORS, FIRE ALARMS OR BELLS, AND ANY ELECTRICAL WIRING
INCLUDING CONDUIT CONNECTED TO RACEWAY CONTROL CABINETS.
3. THE PROVISIONS OF THIS ARTICLE SHALL GOVERN NOTWITHSTANDING ANY
OTHER LAW TO THE CONTRARY; PROVIDED, HOWEVER, THAT LOCAL LAW SHALL
GOVERN WITH RESPECT TO INSPECTION OF WATER-BASED FIRE PROTECTION SYSTEMS
BY A CODE ENFORCEMENT OFFICIAL UNDER SUCH LOCAL LAW AND LOCAL LAWS TO
THE CONTRARY SHALL NOT DIMINISH THE LEVEL OF INSPECTION BY THE
PROVISIONS OF THE EDITION OF NFPA 25 REFERENCED BY THE STATE CODES,
WHICH SHALL BE CONSIDERED A STATEWIDE MINIMUM LEVEL OF INSPECTION CRITE-
RIA FOR WATER-BASED FIRE PROTECTION SYSTEMS; AND PROVIDED, FURTHER, THAT
THIS ARTICLE SHALL NOT BE HELD TO INVALIDATE ANY PROVISION OF THE LAWS
OF THIS STATE OR ANY SUBDIVISION THEREOF UNLESS THERE IS A DIRECT
CONFLICT BETWEEN THE PROVISIONS OF THIS ARTICLE AND THE PROVISIONS OF
SUCH LAW OR UNLESS SUCH LAW IS DUPLICATIVE OF THIS ARTICLE, IN WHICH
CASE THIS ARTICLE SHALL PREVAIL. NO LOCAL LAW SHALL REQUIRE ANY FEE,
LICENSE OR CERTIFICATE FOR THE LAYOUT, INSTALLING, SERVICING, REPAIRING,
INSPECTING, TESTING, OR MAINTAINING OF WATER-BASED FIRE PROTECTION
SYSTEMS, EXCEPT WHEN THE FIRE SPRINKLER COMPANY IS LOCATED WITHIN A
POLITICAL JURISDICTION WHO THEN MAY APPLY BUSINESS LICENSURE CRITERIA
CONSISTENT WITH FEES IMPOSED ON OTHER BUSINESSES.
4. NOTHING IN THIS ARTICLE LIMITS THE POWER OF A MUNICIPALITY OR COUN-
TY TO REGULATE THE QUALITY AND CHARACTER OF WORK PERFORMED BY CONTRAC-
TORS THROUGH A SYSTEM OF PERMITS, FEES, AND INSPECTIONS WHICH ARE
DESIGNED TO SECURE COMPLIANCE WITH, AND AID IN THE IMPLEMENTATION OF,
STATE AND LOCAL BUILDING LAWS OR TO ENFORCE OTHER LOCAL LAWS FOR THE
PROTECTION OF THE PUBLIC HEALTH AND SAFETY. HOWEVER, BUSINESS CERTIF-
ICATES SHALL NOT BE REQUIRED UNLESS THE COMPANY OPERATES OFFICES OR
FACILITIES WITHIN THE JURISDICTION OF THE MUNICIPALITY OR COUNTY.
5. NOTHING IN THIS ARTICLE LIMITS THE POWER OF A MUNICIPALITY OR COUN-
TY TO ADOPT ANY SYSTEM OF PERMITS REQUIRING SUBMISSION TO AND APPROVAL
BY THE MUNICIPALITY OR COUNTY OF PLANS AND SPECIFICATIONS FOR WORK TO BE
PERFORMED BY CONTRACTORS BEFORE COMMENCEMENT OF THE WORK, EXCEPT THAT NO
MUNICIPALITY OR COUNTY SHALL REQUIRE A WATER-BASED FIRE PROTECTION
SYSTEM CONTRACTOR'S SHOP DRAWINGS TO BE SEALED BY A PROFESSIONAL ENGI-
NEER, PROVIDED THE SYSTEM DESIGN DRAWINGS PROPERLY INCLUDE SUCH A SEAL.
6. ANY OFFICIAL AUTHORIZED TO ISSUE BUILDING OR OTHER RELATED PERMITS
SHALL ASCERTAIN THAT THE APPLICANT CONTRACTOR IS DULY CERTIFIED BEFORE
ISSUING THE PERMIT. THE EVIDENCE SHALL CONSIST ONLY OF THE EXHIBITION TO
HIM OR HER OF EVIDENCE OF THE CURRENT CERTIFICATION. ANY PERMITS AT
STATE OR LOCAL LEVELS FOR THE LAYOUT, INSTALLING, SERVICING, REPAIRING,
INSPECTING, TESTING, MAINTAINING OR REPAIR OF A WATER-BASED FIRE
PROTECTION SYSTEM MAY ONLY BE ISSUED TO A LICENSED WATER-BASED FIRE
PROTECTION CONTRACTOR OF THE APPROPRIATE CLASSIFICATION TO CONDUCT THE
WORK.
S 178-Q. CONTRACTUAL AGREEMENTS. 1. ANY PORTION OF ANY AGREEMENT OR
CONTRACT FOR OR IN CONNECTION WITH, OR ANY GUARANTEE OF OR IN CONNECTION
WITH ANY LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING, TESTING,
MAINTAINING, OR DEMOLITION OF A WATER-BASED FIRE PROTECTION SYSTEM
BETWEEN AN OWNER OF REAL PROPERTY OR GENERAL CONTRACTOR AND THE
WATER-BASED FIRE PROTECTION SYSTEM CONTRACTOR WHEREIN ANY PARTY REFERRED
TO IN THIS ARTICLE PROMISES TO INDEMNIFY OR HOLD HARMLESS THE OTHER
PARTY TO THE AGREEMENT, CONTRACT, OR GUARANTEE FOR LIABILITY FOR DAMAGES
TO PERSONS OR PROPERTY CAUSED IN PART BY ANY ACT, OMISSION, OR DEFAULT
OF THE INDEMNITEE ARISING FROM THE CONTRACT OR ITS PERFORMANCE, SHALL BE
VOID AND UNENFORCEABLE UNLESS THE CONTRACT CONTAINS A MONETARY LIMITA-
TION ON THE EXTENT OF THE INDEMNIFICATION THAT BEARS A REASONABLE
S. 3190--A 22
COMMERCIAL RELATIONSHIP TO THE CONTRACT AND IS PART OF THE PROJECT SPEC-
IFICATIONS OR BID DOCUMENTS, IF ANY. NOTWITHSTANDING THE FOREGOING, THE
MONETARY LIMITATION ON THE EXTENT OF THE INDEMNIFICATION PROVIDED TO THE
OWNER OF REAL PROPERTY BY ANY PARTY IN PRIVITIES OF CONTRACT WITH SUCH
OWNER SHALL NOT BE LESS THAN ONE MILLION DOLLARS PER OCCURRENCE, UNLESS
OTHERWISE AGREED BY THE PARTIES. INDEMNIFICATION PROVISIONS IN ANY SUCH
AGREEMENTS, CONTRACTS, OR GUARANTEES MAY NOT REQUIRE THAT THE INDEMNITOR
INDEMNIFY THE INDEMNITEE FOR DAMAGES TO PERSONS OR PROPERTY CAUSED BY
THE SOLE NEGLIGENCE OF ANOTHER PARTY, OR IN WHOLE OR IN PART BY ANY ACT,
OMISSION, OR DEFAULT OF A PARTY OTHER THAN:
(A) THE INDEMNITOR;
(B) ANY OF THE INDEMNITOR'S CONTRACTORS, SUBCONTRACTORS, SUB-SUBCON-
TRACTORS, MATERIALMEN, OR AGENTS OF ANY TIER OR THEIR RESPECTIVE EMPLOY-
EES; OR
(C) THE INDEMNITEE OR ITS OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES.
HOWEVER, SUCH INDEMNIFICATION SHALL NOT INCLUDE CLAIMS OF, OR DAMAGES
RESULTING FROM, GROSS NEGLIGENCE, OR WILLFUL, WANTON OR INTENTIONAL
MISCONDUCT OF THE INDEMNITEE OR ITS OFFICERS, DIRECTORS, AGENTS OR
EMPLOYEES, OR FOR STATUTORY VIOLATION OR PUNITIVE DAMAGES EXCEPT AND TO
THE EXTENT THE STATUTORY VIOLATION OR PUNITIVE DAMAGES ARE CAUSED BY OR
RESULT FROM THE ACTS OR OMISSIONS OF THE INDEMNITOR OR ANY OF THE
INDEMNITOR'S CONTRACTORS, SUBCONTRACTORS, SUB-SUBCONTRACTORS, MATERIAL-
MEN, OR AGENTS OF ANY TIER OR THEIR RESPECTIVE EMPLOYEES.
2. A CONSTRUCTION CONTRACT FOR A PUBLIC AGENCY OR IN CONNECTION WITH A
PUBLIC AGENCY'S PROJECT MAY NOT REQUIRE ONE PARTY TO INDEMNIFY, DEFEND,
OR HOLD HARMLESS THE OTHER PARTY, ITS EMPLOYEES, OFFICERS, DIRECTORS, OR
AGENTS FROM ANY LIABILITY, DAMAGE, LOSS, CLAIM, ACTION, OR PROCEEDING,
AND ANY SUCH CONTRACT PROVISION IS VOID AS AGAINST PUBLIC POLICY OF THIS
STATE.
3. THIS SECTION DOES NOT AFFECT ANY CONTRACTS, AGREEMENTS, OR GUARAN-
TEES ENTERED INTO BEFORE THE EFFECTIVE DATE OF THIS ARTICLE BUT AFFECTS
RENEWALS THEREOF WHEN SAID RENEWAL TAKES PLACE AFTER THE EFFECTIVE DATE
OF THIS ARTICLE.
4. WATER-BASED FIRE PROTECTION CONTRACTORS PURSUANT TO THIS ARTICLE
SHALL BE GRANTED SUFFICIENT TIME TO INSPECT ANY PERCEIVED CONSTRUCTION
DEFECT IN A BUILDING THAT THEY MAY DISPROVE OR ACCEPT AS IN THEIR
PURVIEW BEFORE ANY LEGAL ACTIONS OR SUITS ARE BROUGHT FORTH. IF SAID
CONTRACTOR TAKES RESPONSIBILITY FOR THE DEFECT, REASONABLE TIME SHALL BE
ALLOWED FOR THE CONTRACTOR OR ITS REPRESENTATIVE OR REPRESENTATIVES TO
CORRECT WITHOUT FEAR OF ANY LEGAL ACTIONS OR SUIT. A WATER-BASED FIRE
PROTECTION CONTRACTOR SHALL NOT BE HELD LIABLE FOR ECONOMIC DAMAGES
CAUSED BY OTHERS.
5. THE OWNER HAS AN OBLIGATION TO INSTALL FIRE PROTECTION SYSTEMS IN
COMPLIANCE WITH ADOPTED FIRE PROTECTION SYSTEM STANDARDS.
S 178-R. ELECTRONIC INFORMATION. THE OFFICE SHALL SET UP AND MAINTAIN
AN INTERNET WEB PAGE OR PAGES INCLUDING, BUT NOT LIMITED TO APPROPRIATE
FORMS, LISTING OF LICENSED CONTRACTORS, JOURNEYPERSON, APPRENTICES,
CERTIFIED RMES, RULES AND REGULATIONS, ADVISORY COUNCIL MEETING SCHED-
ULES, ADVISORY COUNCIL MEETING MINUTES, SUSPENSIONS, REVOCATIONS, AND
CONTACT INFORMATION FOR COMPLAINTS.
S 178-S. SEPARABILITY. IF ANY PART OR PROVISION OF THIS ARTICLE OR
THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE BE ADJUDGED INVAL-
ID BY ANY COURT OF COMPETENT JURISDICTION, SUCH JUDGMENT SHALL BE
CONFINED IN ITS OPERATION TO THE PART, PROVISION OR APPLICATION DIRECTLY
INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN
RENDERED AND SHALL NOT AFFECT OR IMPAIR THE VALIDITY OF THE REMAINDER OF
S. 3190--A 23
THIS ARTICLE OR THE APPLICATION THEREOF TO OTHER PERSONS OR CIRCUM-
STANCES AND THE LEGISLATURE HEREBY DECLARES THAT IT WOULD HAVE ENACTED
THIS ARTICLE OR THE REMAINDER THEREOF HAD THE INVALIDITY OF SUCH
PROVISION OR APPLICATION THEREOF BEEN APPARENT.
S 4. This act shall take effect immediately.
