Relates to the layout, installing, servicing, repairing, inspecting, testing, maintaining of automatic water-based fire protection systems
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 25, 2016 |
referred to economic development |
S T A T E O F N E W Y O R K
________________________________________________________________________
10386
I N A S S E M B L Y
May 25, 2016
___________
Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the general business law, in relation to the layout,
installing, servicing, repairing, inspecting, testing and maintaining
of automatic water-based fire protection systems; and providing for
the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new article
40 to read as follows:
ARTICLE 40
AUTOMATIC WATER-BASED FIRE PROTECTION SYSTEMS
SECTION 900. DEFINITIONS.
901. CONTRACTOR LICENSE AND RME REQUIREMENTS; SCOPE OF PRACTICE;
PENALTIES FOR NON-COMPLIANCE.
902. POWERS OF THE DEPARTMENT OF STATE DIVISION OF LICENSING
SERVICES AND THE NEW YORK STATE FIRE PROTECTION LICENSURE
BOARD.
903. NEW YORK STATE FIRE PROTECTION ADVISORY BOARD.
904. NEW LICENSING AND CERTIFICATION REQUIREMENTS.
905. LICENSING AND CERTIFICATION REQUIREMENTS FOR EXISTING
CONTRACTOR.
906. SPECIALISTS.
907. LICENSE: APPLICATION; INSURANCE; DISPLAY; AND DUPLICATES.
908. LICENSE: RENEWAL AND RME.
909. INSPECTION OF WATER-BASED FIRE PROTECTION SYSTEMS.
910. FEES.
911. SUSPENSION AND REVOCATION OF LICENSES.
912. HEARING ON CHARGES; DECISION.
913. JUDICIAL REVIEW.
914. VIOLATIONS AND PENALTIES.
915. OFFICIAL ACTS USED AS EVIDENCE.
916. DISPOSITION OF FEES.
917. SEVERABILITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15587-01-6
A. 10386 2
918. APPLICABILITY.
919. CONTRACTUAL AGREEMENTS.
S 900. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT
REQUIRES OTHERWISE:
1. "A/D/B/A" MEANS "ALSO DOING BUSINESS AS".
2. "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 OR A U.S. DEPARTMENT OF LABOR RECOGNIZED FIRE
SPRINKLER FITTER APPRENTICESHIP PROGRAM AND MUST BE DIRECTLY SUPERVISED
BY A LICENSED JOURNEYPERSON ON ANY ONE JOBSITE.
3. "APPROVED APPRENTICESHIP PROGRAM" MEANS AN APPRENTICESHIP-TRAINING
PROGRAM RECOGNIZED BY THE INDUSTRY AND ACCEPTED AS AN APPRENTICESHIP
PROGRAM BY THE STATE OF NEW YORK OR THE U.S. DEPARTMENT OF LABOR.
4. "BOARD" MEANS THE NEW YORK STATE FIRE PROTECTION LICENSURE BOARD
UNDER THE DEPARTMENT. THE BOARD SHALL BE THE APPROVING BODY FOR ALL
RULES, REQUIREMENTS, REGULATIONS, AND FUTURE MODIFICATIONS AFFECTING
LICENSURE, CERTIFICATES AND CERTIFICATION, EXAMS, TRAINING, AND OTHER
ISSUES UNDER THIS ARTICLE.
5. "BUSINESS ENTITY" MEANS A FIRM, COMPANY, PARTNERSHIP, LIMITED
LIABILITY COMPANY OR CORPORATION.
6. "DEPARTMENT" REFERS TO THE DIVISION OF LICENSING SERVICES WITHIN
THE DEPARTMENT OF STATE.
7. "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/PRESSURE REQUIREMENTS FOR THE 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 IDENTIFY WATER SUPPLIES THAT COULD LEAD TO
MICROBIOLOGICALLY INFLUENCED CORROSION (MIC); AND
(G) SEISMIC INFORMATION AND OTHER ITEMS IDENTIFIED BY LAW OR THE
UNIFORMED CODES.
8. "FEE" MEANS ANY "EXAMINATION FEE," "LICENSE FEE," "REGISTRATION
FEE," AND/OR "RENEWAL FEE" IS REQUIRED TO ACCOMPANY AN APPLICATION OR
ISSUANCE OF ANY LICENSE, CERTIFICATION, OR REGISTRATION INCLUDING ANY
TEMPORARIES OR RENEWALS, PURSUANT TO THIS ARTICLE. SUCH FEE SHALL BE
NON-REFUNDABLE.
9. "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, INSPECTING, TESTING, MAIN-
TAINING, AND SERVICING FIRE SUPPRESSION OR FIRE FIGHTING SYSTEMS INCLUD-
ING BOTH OVERHEAD PIPING AND UNDERGROUND FIRE WATER MAINS, BACKFLOW
PREVENTION DEVICES, FIRE HYDRANTS AND HYDRANT MAINS, STANDPIPES AND HOSE
A. 10386 3
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.
10. "FIRE SPRINKLER SYSTEM" MEANS ANY WATER-BASED AUTOMATIC FIRE
EXTINGUISHING, FIRE SUPPRESSION SYSTEM OR FIRE CONTROL SYSTEM EMPLOYING
FIRE SPRINKLERS AND CONSISTING OF UNDERGROUND AND OVERHEAD PIPING OR
CONDUITS INCLUDING ACCESSORY FIRE PUMPS AND ASSOCIATED 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 APPLICABLE FIRE PREVENTION
AND BUILDING CODES OF THE STATE OF NEW YORK AND REFERENCED STANDARDS AND
APPROVED MORE RESTRICTIVE LOCAL STANDARDS.
11. "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.
12. "GEOGRAPHICAL AREA" MEANS DISTINCT AREAS OF THE STATE OF NEW YORK
AS FOLLOWS:
(A) ZIP CODES 10000 - 12999 AND 13300 - 13999; AND
(B) ZIP CODES 13000 - 13299 AND 14000 - 14999.
13. "INSPECTION" MEANS A VISUAL EXAMINATION OF A BUILDING OWNER'S
WATER-BASED FIRE PROTECTION SYSTEM OR PORTION THEREOF TO VERIFY WITHIN
THE SCOPE OF NFPA 25 THAT THE SYSTEM APPEARS TO BE IN OPERATING CONDI-
TION AND IS FREE OF PHYSICAL DAMAGE.
14. "INSPECTION, TESTING, AND MAINTENANCE" MEANS A PROGRAM PROVIDED BY
A NEW YORK STATE LICENSED WATER-BASED FIRE PROTECTION CONTRACTOR WHEN
CONTRACTED WITH A PROPERTY OR BUILDING OWNER OR THEIR REPRESENTATIVE 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 MALFUNC-
TIONS TO THE BUILDING OWNER OR HIS AUTHORIZED REPRESENTATIVE AND APPRO-
PRIATE AUTHORITIES THAT MAY BE REQUIRED.
15. "INSPECTOR" MEANS A PERSON CERTIFIED IN THE NICET LEVEL II
"INSPECTIONS AND TESTING OF WATER-BASED SYSTEMS" AND IS EMPLOYED BY A
NEW YORK STATE LICENSED CONTRACTOR AS HEREIN DEFINED WHO PERFORMS
INSPECTION AND TESTING ON A WATER-BASED FIRE PROTECTION SYSTEM WITHIN
THE SCOPE OF NFPA 25, THE NEW YORK STATE FIRE AND BUILDING CODE SET, AND
OTHER LAWS OR REGULATIONS.
16. "INSPECTOR TRAINEE" MEANS INSPECTORS IN TRAINING THAT MAY PERFORM
INSPECTIONS UNDER THE DIRECT SUPERVISION OF A NICET LEVEL II CERTIFIED
INSPECTOR FOR UP TO ONE YEAR PRIOR TO OBTAINING NICET LEVEL I AND SUBSE-
QUENTLY PERFORM INSPECTIONS UNDER DIRECT SUPERVISION UP TO AN ADDITIONAL
TWO YEARS PRIOR TO OBTAINING NICET LEVEL II IN THE FIELD OF "INSPECTIONS
AND TESTING OF WATER-BASED SYSTEMS". THE INSPECTOR IN TRAINING AND NICET
LEVEL II SUPERVISOR MUST BOTH BE IN THE DIRECT EMPLOY OF THE CONTRACTOR
I, II, III, OR IV. THE DEPARTMENT SHALL ISSUE A CARD ONCE PER LIFETIME
WITH A THREE YEAR LIMITATION AND BE MAINTAINED TO PROVE THESE DURATIONS
ARE MET, IF THE INSPECTOR TRAINEE DOES NOT OBTAIN THE REQUIRED CERTIF-
ICATIONS, HE OR SHE SHALL NOT BE ALLOWED TO CONTINUE TO PERFORM
INSPECTIONS.
17. "INSTALL" OR "INSTALLATION" MEANS THE INITIAL PLACEMENT OF THE
WATER-BASED FIRE PROTECTION SYSTEM OR ITS EXTENSION OR ALTERATION AFTER
THE INITIAL PLACEMENT.
A. 10386 4
18. "JOURNEYPERSON" MEANS A PERSON QUALIFIED BY AT LEAST TEN THOUSAND
HOURS (10,000) OF WORK EXPERIENCE INSTALLING, ADJUSTING, REPAIRING,
DISMANTLING, INSPECTING, TESTING, AND MAINTAINING WATER-BASED FIRE
PROTECTION SYSTEMS AND WHO IS COMPETENT TO INSTRUCT AND SUPERVISE THE
WATER-BASED FIRE PROTECTION WORK OF APPRENTICE FIRE SPRINKLER FITTERS
AND RESIDENTIAL TRAINEES.
19. "LAYOUT" MEANS THE PLACEMENT OF RISERS, CROSS MAINS, BRANCH LINES,
FIRE SPRINKLERS, SIZING OF PIPE, HANGER LOCATIONS, AND SUPPLEMENTAL
HYDRAULIC CALCULATIONS IN ACCORDANCE WITH THE PROVISIONS OF WATER-BASED
FIRE PROTECTION DESIGN STANDARDS AND DESIGN CRITERIA AS PROVIDED BY
ENGINEER OF RECORD.
20. "LICENSE HOLDER" MEANS A BUSINESS ENTITY AS HEREIN DEFINED AS
LICENSED BY THE DEPARTMENT TO ENGAGE IN THE BUSINESS OF LAYOUT, INSTALL-
ING, REPAIRING, INSPECTING, TESTING, OR MAINTAINING WATER-BASED FIRE
PROTECTION SYSTEMS UNDER THIS ARTICLE. ONE LICENSE MAY NAME NO MORE
THAN ONE BUSINESS ENTITY.
21. "MAINTENANCE" MEANS WORK PERFORMED BY THE LICENSED WATER-BASED
FIRE PROTECTION CONTRACTOR TO KEEP EQUIPMENT OPERABLE AND MAKE REPAIRS.
22. "MULTIPURPOSE SYSTEM" MEANS A PIPING SYSTEM INTENDED TO SERVE BOTH
THE DOMESTIC AND FIRE PROTECTION NEEDS.
23. "NCCI" MEANS THE NATIONAL COUNCIL ON COMPENSATION INSURANCE.
24. "NFPA" MEANS THE NATIONAL FIRE PROTECTION ASSOCIATION, INC.
25. "NFSA" MEANS THE NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
26. "NICET" MEANS THE NATIONAL INSTITUTE FOR CERTIFICATION IN ENGI-
NEERING TECHNOLOGIES OR OTHER RECOGNIZED ENTITY BY THE FIRE SPRINKLER
INDUSTRY EQUAL OR BETTER TO NICET AS DETERMINED BY THE DEPARTMENT.
27. "OFPC" OR "OFFICE" MEANS THE NEW YORK STATE OFFICE OF FIRE
PREVENTION AND CONTROL.
28. "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.
29. "REPAIR" MEANS ANY WORK ON A SYSTEM AFTER THE INITIAL INSTALLATION
TO REPLACE, CORRECT AND MAINTAIN THE SYSTEM TO PROVIDE PERFORMANCE AS
ORIGINALLY DESIGNED.
30. "RESIDENTIAL TRADESPERSON" MEANS A PERSON IN THE EMPLOY OF A
CONTRACTOR I, III, OR IV AND IS LIMITED TO THE SCOPE OF WORK AS DEFINED
IN CONTRACTOR IV, PLUS MIXED USE RESIDENTIAL OCCUPANCIES UP TO AND
INCLUDING FOUR STORIES IN HEIGHT AND IS QUALIFIED BY AT LEAST EIGHT
THOUSAND HOURS (8,000) OF WORK EXPERIENCE INSTALLING, ADJUSTING, REPAIR-
ING, AND DISMANTLING FIRE SUPPRESSION SYSTEMS AND WHO IS COMPETENT TO
INSTRUCT AND SUPERVISE THE FIRE SUPPRESSION WORK OF RESIDENTIAL TRAIN-
EES.
31. "RESIDENTIAL TRAINEE" IS UNDER THE CONTRACTOR I, III, OR IV
LICENSE ONLY AND IS LIMITED TO THE SCOPE OF WORK AS DEFINED IN CONTRAC-
TOR IV AND MEANS A PERSON IN TRAINING THAT MAY PERFORM RESIDENTIAL FIRE
SPRINKLER FITTER WORK UNDER DIRECT SUPERVISION OF A RESIDENTIAL TRADES-
PERSON OR A JOURNEYPERSON. THE DEPARTMENT SHALL ISSUE A CARD ONCE PER
LIFETIME WITH A FOUR YEAR LIMITATION AND BE MAINTAINED TO PROVE THESE
DURATIONS ARE MET, IF THE RESIDENTIAL TRAINEE DOES NOT OBTAIN THE RESI-
DENTIAL TRADESPERSON LICENSE WITHIN THE TIME LIMIT, HE OR SHE SHALL NOT
BE ALLOWED TO CONTINUE TO PERFORM SUCH WORK.
32. (A) "RESPONSIBLE MANAGING EMPLOYEE" OR "RME" MEANS AN INDIVIDUAL
WITH APPROPRIATE NICET CERTIFICATION WHO IS A FULL TIME EMPLOYEE OF A
WATER-BASED FIRE PROTECTION COMPANY, AND IS DESIGNATED AS THE
WATER-BASED FIRE PROTECTION COMPANY'S QUALIFIER TO DO BUSINESS AS A
A. 10386 5
WATER-BASED FIRE PROTECTION CONTRACTING COMPANY. AN RME MAY SERVE TO
QUALIFY ONLY ONE CONTRACTOR BUSINESS LOCATION UNDER THIS ARTICLE IN THE
STATE OF NEW YORK. AN RME WHO WORKS FOR MORE THAN ONE WATER-BASED FIRE
PROTECTION COMPANY AT THE SAME TIME SHALL NOT BE CONSIDERED A FULL TIME
EMPLOYEE OF EITHER, SUBJECT TO THE EXCEPTION SET FORTH IN PARAGRAPH (B)
OF THIS SUBDIVISION.
(B) AN RME WITH APPROPRIATE NICET CERTIFICATIONS MAY QUALIFY ONE
WATER-BASED FIRE PROTECTION COMPANY OR 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.
33. "SUPERVISE" OR "SUPERVISION" MEANS THE DIRECTION, MANAGEMENT, AND
OVERSIGHT BY THE RME NAMED ON THE BUSINESS LICENSE OF THE ACTIVITIES OF
PERSONNEL IN THE LAYOUT, INSTALLING, REPAIRING, INSPECTING, TESTING, OR
MAINTAINING REPAIR OF ANY WATER-BASED FIRE PROTECTION SYSTEM. HOWEVER,
IT IS NOT THE INTENTION THAT SUPERVISION REQUIRE THE RME HAVE TO BE AT
THE SITE OF EACH LAYOUT, INSTALL, REPAIR, INSPECTION, TEST, OR MAINTE-
NANCE OF THE WATER-BASED FIRE PROTECTION SYSTEMS AT ALL TIMES.
34. "TESTING" MEANS TESTING WATER-BASED FIRE PROTECTION SYSTEMS AS
DEFINED BY FIRE CODE OF THE STATE OF NEW YORK AND REFERENCED DOCUMENTS.
35. "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.
36. "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.
(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. THE CONTRACTOR II INSPECTORS SHALL BE CERTIFIED NICET LEVEL II
OR BETTER IN "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.
(D) "CONTRACTOR IV" OR "RESIDENTIAL FIRE SPRINKLER CONTRACTOR" 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 LIMITED RESIDENTIAL
WATER-BASED FIRE PROTECTION SYSTEMS AND WHOSE SCOPE OF BUSINESS IS
A. 10386 6
LIMITED TO THE SCOPE OF APPLICATION OF NFPA 13D "STANDARD FOR THE
INSTALLATION OF SPRINKLER SYSTEMS IN ONE- AND TWO-FAMILY DWELLINGS AND
MANUFACTURED HOMES" AND NFPA 13R "STANDARD FOR THE INSTALLATION OF
SPRINKLER SYSTEMS IN LOW-RISE RESIDENTIAL OCCUPANCIES" WHICH IS LIMITED
TO CERTAIN OCCUPANCY TYPES.
(I) CONTRACTOR IV ENTITIES SHALL NOT AND ARE NOT AUTHORIZED TO
CONTRACT OR PERFORM ANY WORK IN THE SCOPE OF THIS ARTICLE FOR THE
FOLLOWING:
(A) NURSING HOMES AND AMBULATORY CARE FACILITIES; OR
(B) DORMITORIES, FRATERNITIES, SORORITIES, OR ANY HOUSING THAT TARGETS
STUDENTS ON OR OFF CAMPUS.
(II) A MULTI-PURPOSE NFPA 13D FIRE SPRINKLER SYSTEM LAYOUT, INSTALLA-
TION, SERVICE, REPAIR, INSPECTION, TEST, OR MAINTENANCE SHALL REQUIRE A
CONTRACTOR I, III, OR IV LICENSE AND MEET ALL REQUIREMENTS CONTAINED
HEREIN REGARDLESS OF AND IN ADDITION TO ANY OTHER POTABLE WATER PROFES-
SIONAL OR TRADE REQUIREMENTS, CERTIFICATIONS OR LICENSURES REQUIRED BY
THE STATE AND AUTHORITIES HAVING JURISDICTION.
37. "WATER-BASED FIRE PROTECTION CONTRACTOR BUSINESS LICENSE" MEANS A
LICENSE ISSUED BY THE DEPARTMENT TO A BUSINESS ENTITY TO OPERATE AS A
WATER-BASED FIRE PROTECTION CONTRACTOR.
38. "WATER-BASED FIRE PROTECTION SYSTEM" IS A COMMERCIAL OR RESIDEN-
TIAL SYSTEM INDIVIDUALLY DESIGNED TO PROTECT THE INTERIOR OR EXTERIOR OF
A SPECIFIC BUILDING, STRUCTURE, OR OTHER HAZARD FROM FIRE, OR LIFE SAFE-
TY WHETHER LAND-BASED OR MARINE. THIS SYSTEM BEGINS AT THE POINT OF
PRIVATE SERVICE AS DEFINED AND ENDS AT THE MOST REMOTE POINT OF THE
SYSTEM. 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, OR
MULTI-PURPOSE 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
AND STANDARDS OF THE STATE OF NEW YORK.
39. "YEARS EXPERIENCE" MEANS PROOF OF EMPLOYMENT BASED ON DEFINITION
IN "FULL TIME EMPLOYEE" FOR EACH TWELVE-MONTH PERIOD.
S 901. CONTRACTOR LICENSE AND RME REQUIREMENTS; SCOPE OF PRACTICE;
PENALTIES FOR NON-COMPLIANCE. 1. (A) IT IS UNLAWFUL FOR ANY ORGANIZA-
TION, BUSINESS, OR INDIVIDUAL TO ENGAGE IN THE BUSINESS OF LAYOUT,
INSTALLING, SERVICING, REPAIRING, INSPECTING, TESTING, OR MAINTAINING 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 HEREINAFTER
PROVIDED. THE RME NAMED TO QUALIFY A BUSINESS UNDER THIS ARTICLE MUST BE
A FULL TIME EMPLOYEE OF THE ORGANIZATION OR BUSINESS. AN RME WHO IS
EMPLOYED BY MORE THAN ONE WATER-BASED FIRE PROTECTION CONTRACTOR DURING
THE SAME PERIOD OF TIME SHALL NOT BE THE QUALIFIER FOR MORE THAN ONE
WATER-BASED FIRE PROTECTION CONTRACTOR AT THE SAME TIME.
(B) THE DEPARTMENT SHALL REVOKE, FOR A PERIOD OF TIME DETERMINED BY
THE DEPARTMENT, THE RME AS A QUALIFIER FOR ALL WATER-BASED FIRE
PROTECTION CONTRACTORS IF AN RME MAKES USE OR ALLOWS THE USE OF NICET OR
EQUIVALENT CERTIFICATION TO QUALIFY A COMPANY OF WHICH THE RME IS NOT A
FULL-TIME EMPLOYEE.
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(C) WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THIS ARTICLE, A
CONTRACTOR WHO PERFORMS WATER-BASED FIRE PROTECTION SYSTEMS WORK IN NEW
YORK STATE MUST HAVE IN ITS EMPLOY ONE RME WITH APPROPRIATE NICET
CERTIFICATIONS AT EACH LOCATION WHERE LAY-OUT OF WATER-BASED FIRE
PROTECTION SYSTEMS SHOP DRAWINGS ARE PERFORMED. THE PROVISIONS OF THIS
PARAGRAPH SHALL APPLY TO WATER-BASED FIRE PROTECTION SYSTEMS CONTRACTORS
BASED IN OTHER STATES, NEW YORK CITY AND NASSAU COUNTY OR ANY OTHER
LOCATION FOR WORK PERFORMED IN THE GEOGRAPHICAL AREAS SPECIFIED IN
SUBDIVISION TWELVE OF SECTION NINE HUNDRED OF THIS ARTICLE.
(D) NOTHING IN THIS SUBDIVISION PROHIBITS AN EMPLOYEE ACTING ON BEHALF
OF GOVERNMENTAL ENTITIES OR INSURANCE PROVIDERS FROM INSPECTING AND
ENFORCING NEW YORK STATE CODES, PROVIDED SUCH EMPLOYEE IS ACTING SOLELY
ON BEHALF OF ITS EMPLOYER. ALL FIRE PROTECTION CARDS, REGISTRATIONS,
CERTIFICATES, AND LICENSES REQUIRED HEREIN BY THIS ARTICLE AND ISSUED BY
THE DEPARTMENT SHALL HAVE STATEWIDE APPLICATION AND LOCAL GOVERNMENTAL
ENTITIES ARE PROHIBITED FROM ESTABLISHING AND IMPOSING MORE OR LESS
STRINGENT STANDARDS, LOCAL LICENSING, CERTIFICATION, OR REGISTRATION ON
STATE LICENSED WATER-BASED FIRE PROTECTION CONTRACTORS OR ITS EMPLOYEES.
(E) LOCAL GOVERNMENT SHALL NOT REQUIRE ANY FORM OF A BUSINESS CERTIF-
ICATE, LICENSING, CERTIFICATION, REGISTRATION OF A WATER-BASED FIRE
PROTECTION CONTRACTOR OR ITS RME OR ITS EMPLOYEES THAT ARE LICENSED,
CERTIFIED, OR REGISTERED BY THE DEPARTMENT OF STATE UNLESS THE COMPANY
MAINTAINS A PHYSICAL OFFICE WITHIN THE JURISDICTION.
2. BY 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 FIRE PROTECTION
SERVICE AS DEFINED HEREIN TO THE MOST REMOTE PARTS OF THE SYSTEM OR HOLD
HIMSELF OUT AS BEING ABLE SO TO DO UNLESS HE IS LICENSED, CERTIFIED, OR
REGISTERED PURSUANT TO THIS ARTICLE. NOTHING HEREIN SHALL PROHIBIT A
PROPERLY LICENSED BUSINESS ENTITY IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE FROM EMPLOYING INDIVIDUALS INCLUDING NEW YORK STATE REGIS-
TERED JOURNEYPERSONS AND APPRENTICES TO ASSIST IN THE LAYOUT, INSTALL-
ING, SERVICING, REPAIRING, INSPECTING, TESTING, OR MAINTAINING OF
WATER-BASED FIRE PROTECTION SYSTEMS AND THE LICENSE HOLDER SHALL BE
RESPONSIBLE FOR THE PROPER LAYOUT, INSTALLING, SERVICING, REPAIRING,
INSPECTING, TESTING, OR MAINTAINING OF WATER-BASED FIRE PROTECTION
SYSTEMS.
3. BY TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPARTMENT
SHALL REQUIRE THE NICET PROGRAM OF INSPECTION AND TESTING OF FIRE
PROTECTION SYSTEMS MINIMUM LEVEL II OR EQUIVALENT ACCEPTABLE TO THE
DEPARTMENT AS PROOF THAT THE INSPECTORS ARE KNOWLEDGEABLE ABOUT
NATIONALLY ACCEPTED STANDARDS FOR THE INSPECTION, TESTING, AND MAINTE-
NANCE OF WATER-BASED FIRE PROTECTION SYSTEMS.
4. BY 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 THE STATE OF NEW YORK, EXEMPTING NEW YORK CITY AND NASSAU
COUNTY UNLESS LICENSED AS A WATER-BASED FIRE PROTECTION CONTRACTOR I OR
CONTRACTOR IV IN THE STATE OF NEW YORK.
5. BY ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, A CONTRACTOR I,
CONTRACTOR III, AND CONTRACTOR IV, WHO INSTALLS THE UNDERGROUND PIPING
FROM THE POINT OF PRIVATE SERVICE IS RESPONSIBLE FOR COMPLETING THE
INSTALLATION TO THE ABOVEGROUND CONNECTION FLANGE BEFORE COMPLETING THE
CONTRACTOR'S MATERIAL AND TEST CERTIFICATE FOR UNDERGROUND PIPING DOCU-
A. 10386 8
MENT. ABOVEGROUND CONTRACTORS MAY NOT COMPLETE THE CONTRACTOR'S MATERIAL
AND TEST CERTIFICATE FOR UNDERGROUND PIPING DOCUMENT FOR UNDERGROUND
PIPING OR PORTIONS THEREOF, WHICH HAVE BEEN INSTALLED BY OTHERS.
6. INTRODUCTION OR ADDITION OF A BACKFLOW PREVENTION DEVICE TO AN
EXISTING WATER-BASED FIRE PROTECTION SYSTEM, WILL CAUSE A REDUCTION IN
AVAILABLE WATER PRESSURE AND MAY CREATE SYSTEM MALFUNCTION. IT IS THE
RESPONSIBILITY OF THE BUILDING OR PROPERTY OWNER, COMMERCIAL OR RESIDEN-
TIAL TO OBTAIN THE SERVICES OF A NEW YORK STATE LICENSED PROFESSIONAL
ENGINEER TO EVALUATE THE FIRE PROTECTION SYSTEM, SUPPLY DOCUMENTED FIND-
INGS TO THE WATER-BASED FIRE PROTECTION CONTRACTOR, AND APPROVE THE
INSTALLATION OF ANY BACKFLOW PREVENTION DEVICE.
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 UNDER THIS ARTICLE 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 HEREIN SET
FORTH IS GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE, PUNISHABLE AS
PROVIDED IN THIS ARTICLE.
9. IN ADDITION TO THE PENALTIES PROVIDED IN SUBDIVISION EIGHT OF THIS
SECTION, A WATER-BASED FIRE PROTECTION CONTRACTOR LICENSED UNDER 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 PURSUANT TO SECTIONS NINE HUNDRED TEN OF
THIS ARTICLE AND ADMINISTRATIVE FINES PURSUANT TO SECTION NINE HUNDRED
THIRTEEN OF THIS ARTICLE.
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 OR ARE
CURRENTLY ENROLLED IN A NEW YORK STATE REGISTERED- OR A U.S. DEPARTMENT
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, UPON THE EFFECTIVE
DATE OF THIS ARTICLE, FIRE SPRINKLER FITTER APPRENTICESHIP TRAINING
PROGRAMS APPROVED BY THE U.S. 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 QUALIFICATIONS IN THIS ARTICLE.
13. LICENSES ISSUED TO CONTRACTORS SHALL CLEARLY SHOW THE LEVEL OF
LICENSE ISSUED FOR EASE OF IDENTIFICATION BY FIELD STAFF OF DEPARTMENT
AND OFPC, LOCAL CODE ENFORCEMENT OFFICIALS, THE PUBLIC, AND OTHER INTER-
ESTED PARTIES.
14. LICENSE APPLICABILITY OVERVIEW.
A. 10386 9
FUNCTION CLASS I CLASS II CLASS III CLASS IV
INSPECT ALL ALL WATER, NOT FOAM 13D AND LIMITED 13R
TEST ALL ALL WATER, NOT FOAM 13D AND LIMITED 13R
MAINTAIN ALL N/A WATER, NOT FOAM 13D AND LIMITED 13R
INSTALL ALL N/A WATER, NOT FOAM 13D AND LIMITED 13R
REPAIR ALL N/A WATER, NOT FOAM 13D AND LIMITED 13R
MODIFY ALL N/A WATER, NOT FOAM 13D AND LIMITED 13R
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 IN THIS ARTI-
CLE. THE ACT OF OPENING AND CLOSING VALVES AND OTHER ACTIONS NECESSARY
TO ENSURE SYSTEM READINESS THEREFORE REQUIRES SPECIAL SKILLS AND KNOW-
LEDGE; AN UNTRAINED PERSON COULD CAUSE A COSTLY SYSTEM TRIP. ACCORDING-
LY, 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 PRACTICE OF AN ALARM TECHNICIAN. THE WATER-BASED SYSTEM INSPECTOR
EMPOWERED TO TEST THE FIRE SUPPRESSION SYSTEM PURSUANT TO THIS ARTICLE
IS RESPONSIBLE TO FLOW WATER AND MAY RESET THE ALARM PANEL WHEN FLOW AND
TAMPER INDICATORS REPORT. IT IS THE INTENT THAT AN ALARM LICENSE IS NOT
REQUIRED TO PERFORM THIS PORTION OF INSPECTION, TESTING, AND MAINTE-
NANCE.
S 902. POWERS OF THE DEPARTMENT OF STATE DIVISION OF LICENSING
SERVICES AND THE NEW YORK STATE FIRE PROTECTION LICENSURE BOARD. IN
ADDITION TO THE POWERS AND DUTIES ELSEWHERE PRESCRIBED IN THIS ARTICLE,
THE DEPARTMENT AND BOARD SHALL HAVE POWER:
1. TO APPOINT AN ADEQUATE NUMBER OF ASSISTANTS, FIELD INSPECTORS AND
OTHER EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ARTICLE, TO PRESCRIBE THEIR DUTIES, AND TO FIX THEIR COMPENSATION WITHIN
THE AMOUNT APPROPRIATED THEREFOR.
2. TO EXAMINE THE QUALIFICATIONS AND FITNESS OF APPLICANTS FOR
LICENSES, OR REGISTRATIONS UNDER THIS ARTICLE.
3. TO KEEP RECORDS OF ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS
ISSUED, SUSPENDED OR REVOKED AND PUBLISH SUCH 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 PROMULGATE 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 LICENSES AND REGISTRATIONS, AND THE
RECEPTION THEREOF, THE INVESTIGATION AND EXAMINATION OF APPLICANTS AND
THEIR QUALIFICATIONS, AND THE OTHER MATTERS INCIDENTAL OR APPROPRIATE TO
THEIR POWERS AND DUTIES AS PRESCRIBED BY THIS ARTICLE AND FOR THE PROPER
ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS ARTICLE, AND TO
MAKE RECOMMENDATIONS TO ADD, AMEND, OR REPEAL ANY OF SUCH RULES AND
REGULATIONS.
S 903. NEW YORK STATE FIRE PROTECTION ADVISORY BOARD. 1. THE SECRETARY
OF STATE SHALL ESTABLISH THE NEW YORK STATE FIRE PROTECTION ADVISORY
BOARD. THE BOARD SHALL CONDUCT ITS FIRST MEETING WITHIN NINETY DAYS OF
THE EFFECTIVE DATE OF THIS ARTICLE.
2. THE BOARD SHALL BE COMPOSED OF ELEVEN MEMBERS AS FOLLOWS:
(A) THE NEW YORK SECRETARY OF STATE OR HIS/HER DESIGNEE;
A. 10386 10
(B) THE NEW YORK STATE FIRE ADMINISTRATOR OR HIS/HER DESIGNEE;
(C) THE NEW YORK STATE DIRECTOR OF THE DIVISION OF BUILDING STANDARDS
AND CODES OR HIS/HER DESIGNEE;
(D) TWO MEMBERS SHALL BE FIRE SPRINKLER FITTER REPRESENTATIVES
APPOINTED BY THE PRESIDENT OF THE NEW YORK PIPE TRADES;
(E) THREE MEMBERS APPOINTED BY THE PRESIDENT OF THE NATIONAL FIRE
SPRINKLER ASSOCIATION, INC., ONE OF WHOM SHALL BE A PROFESSIONAL ENGI-
NEER LICENSED BY THE DEPARTMENT OF EDUCATION WITH EXPERIENCE IN
WATER-BASED FIRE PROTECTION;
(F) THE NFSA REGIONAL MANAGER REPRESENTING NEW YORK;
(G) ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; AND
(H) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
3. OF THE MEMBERS APPOINTED BY THE PRESIDENT OF THE NATIONAL FIRE
SPRINKLER ASSOCIATION, INC., THE APPOINTEES' BUSINESSES LOCATIONS SHALL
BE FROM AS SEPARATE GEOGRAPHICAL AREAS OF NEW YORK STATE AS IS POSSIBLE.
THE APPOINTEES' BUSINESSES MUST HAVE BEEN ACTIVELY ENGAGED IN THE BUSI-
NESS OF LAYOUT, INSTALLING, INSPECTING, TESTING, SERVICING, ALTERING, OR
MAINTAINING WATER-BASED FIRE PROTECTION SYSTEMS FOR AT LEAST FIVE YEARS
IMMEDIATELY PRIOR TO THEIR APPOINTMENT.
4. VACANCIES ON THE BOARD SHALL BE FILLED IN THE SAME MANNER AS THE
ORIGINAL APPOINTMENT.
5. THE CHAIR OF THE BOARD SHALL BE THE SECRETARY OF STATE OR HIS OR
HER DESIGNEE. IN THE ABSENCE OF THE SECRETARY OF STATE OR HIS OR HER
DESIGNEE, THE STATE FIRE ADMINISTRATOR OR HIS OR HER DESIGNEE OR THE
DIRECTOR OF BUILDING STANDARDS AND CODES DIVISION OR DESIGNEE MAY SERVE
AS CHAIR.
6. THE BOARD SHALL MEET AT LEAST QUARTERLY BUT MAY MEET MORE OFTEN AS
THE NEED PRESENTS ITSELF. MEMBERS OF THE BOARD SHALL USE DUE DILIGENCE
TO PARTICIPATE IN ALL SCHEDULED AND SPECIAL MEETINGS AS REQUIRED. THE
DEPARTMENT SHALL TAKE MINUTES AND MAKE MINUTES AVAILABLE AS SOON AS
REASONABLY POSSIBLE TO BOARD MEMBERS THAT ARE ABSENT.
7. THE BOARD SHALL HAVE THE POWER AND AUTHORITY TO:
(A) DIRECT THE DEPARTMENT IN ADMINISTRATION OF THE REQUIREMENTS ESTAB-
LISHED IN THIS ARTICLE AND ALL FUTURE FIRE PROTECTION LICENSES IN THE
STATE;
(B) REVIEW COMPLAINTS AND DISPUTED ADMINISTRATIVE ACTION AND MAKE
NON-BINDING RECOMMENDATIONS FOR DISCIPLINARY ACTION TO THE DEPARTMENT AT
THE REQUEST OF THE CERTIFICATE HOLDER, LICENSE HOLDER, OR THE DEPART-
MENT;
(C) MAKE DECISIONS AND SUPPLY IN WRITING TO THE DEPARTMENT RULES,
CODES, STANDARDS, INTERPRETATIONS, AND TRAINING; AND
(D) DEVELOP AND MAINTAIN FITTER TESTING FOR THE PURPOSE OF LICENSURE
OF JOURNEYPERSONS AND APPRENTICES, WHICH SHALL BE ADMINISTERED AND
ENFORCED BY THE DEPARTMENT.
8. THE TERM OF THE APPOINTED BOARD MEMBERS SHALL EXPIRE ON JUNE THIR-
TIETH OF THE FIRST YEAR AFTER THE ESTABLISHMENT OF THE BOARD AND BIENNI-
ALLY THEREAFTER. AN APPOINTEE MAY QUALIFY FOR MORE THAN ONE TERM.
9. SIX MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM FOR PURPOSES OF
VOTING AND MAKING DECISIONS; PROVIDED, HOWEVER, THAT SUCH MEMBERS SHALL
INCLUDE AT LEAST ONE FIRE PROTECTION CONTRACTOR AND ONE FIRE SPRINKLER
FITTER. MOTIONS SHALL NOT MOVE FORWARD WITHOUT AT LEAST ONE VOTE IN
CONSENSUS FROM AT LEAST ONE FIRE SPRINKLER FITTER AND ONE MEMBER
APPOINTED BY THE PRESIDENT OF THE NATIONAL FIRE SPRINKLER ASSOCIATION,
INC.
10. MEMBERS OF THE BOARD SHALL RECEIVE NO ADDITIONAL PAY, ALLOWANCES,
OR BENEFITS BY REASON OF HIS OR HER SERVICE TO THE BOARD, BUT SHALL BE
A. 10386 11
REIMBURSED FOR TRAVEL, SUBSISTENCE, AND OTHER NECESSARY EXPENSES
INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES TO THE EXTENT
AUTHORIZED BY THE COMPTROLLER FOR STATE EMPLOYEES.
S 904. NEW LICENSING AND CERTIFICATION REQUIREMENTS. 1. AS A PREREQUI-
SITE FOR LICENSURE AS A CONTRACTOR I, THE RME QUALIFIER OR QUALIFIERS
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 EMPLOYMENT OF A WATER-BASED FIRE PROTECTION SYSTEM CONTRACTOR I
OR A COMBINATION OF EQUIVALENT EDUCATION AND EXPERIENCE. IT IS THE
INTENT THAT THE CONTRACTOR I RME MEET THE CRITERIA OF NICET LEVEL III
CERTIFICATION IN THE SPECIFIC TECHNICAL DISCIPLINE OF "WATER-BASED
LAYOUT" OR AN EQUIVALENT ACCEPTED BY THE BOARD AND ALSO DEPARTMENT AS A
PREREQUISITE WITH NICET "SPECIAL HAZARDS SUPPRESSION SYSTEMS" OR AN
EQUIVALENT ACCEPTED BY THE BOARD AND DEPARTMENT. TWO RMES ARE PERMITTED
WITH ONE IN EACH DISCIPLINE.
2. AS A PREREQUISITE FOR LICENSURE AS A CONTRACTOR II, THE RME QUAL-
IFIER MUST BE AT LEAST EIGHTEEN YEARS OF AGE, BE OF GOOD MORAL CHARAC-
TER, AND BE CERTIFIED NICET LEVEL II FOR "INSPECTION AND TESTING OF
WATER-BASED SYSTEMS" OR EQUIVALENT ACCEPTED BY THE BOARD AND DEPARTMENT.
NICET LEVEL I "INSPECTION AND TESTING OF WATER-BASED SYSTEMS" OR AN
EQUIVALENT ACCEPTED BY THE BOARD AND DEPARTMENT MAY PERFORM INSPECTION
AND TESTING UNDER DIRECT ON SITE SUPERVISION OF A NICET II OR EQUIVALENT
INSPECTOR.
3. AS A PREREQUISITE FOR LICENSURE AS A CONTRACTOR III, THE RME QUAL-
IFIER 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 EMPLOYMENT OF A WATER-BASED FIRE PROTECTION SYSTEM
CONTRACTOR I OR III OR A COMBINATION OF EQUIVALENT EDUCATION AND EXPERI-
ENCE. THE RME QUALIFIER FOR THE CONTRACTOR III LICENSE SHALL MEET THE
CRITERIA OF NICET LEVEL III CERTIFICATION IN THE SPECIFIC TECHNICAL
DISCIPLINE OF "WATER-BASED LAYOUT" AS A PREREQUISITE OR AN EQUIVALENT
ACCEPTED BY THE BOARD AND DEPARTMENT.
4. AS A PREREQUISITE FOR LICENSURE AS A CONTRACTOR IV, THE RME QUAL-
IFIER 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 EMPLOYMENT OF A WATER-BASED FIRE PROTECTION SYSTEM
CONTRACTOR I, III, OR CONTRACTOR IV OR A COMBINATION OF EQUIVALENT
EDUCATION AND EXPERIENCE. THE RME QUALIFYING A CONTRACTOR IV LICENSE
SHALL MEET THE CRITERIA OF NICET LEVEL III CERTIFICATION OR EQUIVALENT
IN THE SPECIFIC TECHNICAL DISCIPLINE OF "WATER-BASED LAYOUT".
5. 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 905. LICENSING AND CERTIFICATION REQUIREMENTS FOR EXISTING CONTRAC-
TOR. 1. AN EXISTING CONTRACTOR SHALL BE ENTITLED TO A LICENSE UNDER THIS
ARTICLE IF SUCH CONTRACTOR SHALL PRESENT TO THE DEPARTMENT: (A) SATIS-
FACTORY 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 THE STATE FOR AT LEAST FIVE
YEARS WITHIN THE PERIOD OF SIX YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE
DATE OF THIS ARTICLE; OR
(B) PROOF OF PROPER INSURANCE AS A WATER-BASED FIRE PROTECTION
CONTRACTOR WITHIN THE STATE AND PROOF OF FIVE YEARS INSURANCE IMMEDIATE
TO APPLICATION AS A WATER-BASED FIRE PROTECTION CONTRACTOR. PROOF OF
A. 10386 12
FIVE YEARS INSURANCE SHALL INCLUDE THE LATEST NCCI RATING SHEET FOR
WORKERS' COMPENSATION SHOWING THE APPROPRIATE CODE FOR FIRE SPRINKLER
FITTERS.
2. A BUSINESS HAS BEEN ACTIVELY ENGAGED IN THE PROPER CLASS OF
CONTRACTING OR A WATER-BASED FIRE PROTECTION CONTRACTOR THAT HAS BEEN IN
EXISTENCE LESS THAN FIVE YEARS AS OF THE EFFECTIVE DATE OF THIS ARTICLE
SHALL BE ENTITLED TO A LICENSE UPON PRESENTATION TO THE DEPARTMENT OF
PROOF OF REGULARLY PERFORMING FIRE SPRINKLER WORK OR SUCCESSFULLY
COMPLETED A FIRE SPRINKLER APPRENTICESHIP PROGRAM PROVIDED BY A FIRE
SPRINKLER LOCAL OR OTHER NATIONALLY RECOGNIZED FIRE SPRINKLER ASSOCI-
ATION PROGRAM WHICH IS TO BE DEEMED ACCEPTABLE BY THE BOARD, AND SHOW
VALID PROOF OF PROPER NCCI INSURANCE RATING AS A WATER-BASED FIRE
PROTECTION CONTRACTOR WITHIN NEW YORK STATE SINCE THE INCEPTION OF THE
BUSINESS.
3. NO LICENSE ISSUED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL
BE RENEWED.
S 906. SPECIALISTS. 1. THE DEPARTMENT SHALL ISSUE LICENSES TO THE
FOLLOWING CLASSES OF SPECIALISTS:
(A) JOURNEYPERSON FITTER;
(B) APPRENTICE FITTER;
(C) RESIDENTIAL TRADESPERSON;
(D) RESIDENTIAL TRAINEE;
(E) INSPECTOR; AND
(F) INSPECTOR TRAINEE.
2. THE DEPARTMENT SHALL IMPLEMENT RULES AND REGULATIONS REGARDING THE
QUALIFICATIONS AND TESTING PURSUANT TO THIS ARTICLE FOR THE PURPOSES OF
REGISTERING SPECIALISTS AS ADVISED OR RECOMMENDED FROM THE BOARD.
3. IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT,
THE APPLICANT'S SOCIAL SECURITY NUMBER SHALL BE RECORDED ON ANY APPLICA-
TION FOR A REGISTRATION SUBMITTED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE. FAILURE TO PROVIDE THE APPLICANT'S SOCIAL SECURITY NUMBER MAY
DELAY APPROVAL AND ISSUANCE OF A CARD TO PERFORM WORK UNDER THIS ARTI-
CLE.
4. THE DEPARTMENT SHALL PREPARE AND ARRANGE FOR THE RECEIPT OF APPLI-
CATIONS FROM THOSE WHO INTEND TO PERFORM FIRE SUPPRESSION WORK WITHIN
THE STATE. SUCH APPLICATION SHALL BE SUFFICIENTLY DETAILED TO ENABLE
THE DEPARTMENT TO DETERMINE THE PRESENCE OR ABSENCE OF AN APPLICANT'S
QUALIFICATIONS FOR A LICENSE OF A PARTICULAR CLASS. THE DEPARTMENT MAY
REQUIRE APPLICANTS TO SUPPLY AFFIDAVITS OR OTHER DOCUMENTS ATTESTING TO
THE APPLICANT'S QUALIFICATIONS FROM PAST EMPLOYERS, OTHER FIRE SPRINKLER
FITTERS, ENGINEERS, AND OTHERS WITH SPECIFIC KNOWLEDGE OF THE APPLI-
CANT'S QUALIFICATIONS. THE DEPARTMENT MAY MAKE SUCH OTHER INQUIRIES AS
NECESSARY TO DETERMINE THE QUALIFICATIONS OF THE APPLICANT. AN APPLICANT
EXPRESSLY CONSENTS TO SUCH INQUIRIES BY THE DEPARTMENT BY THE SUBMISSION
OF SUCH APPLICANT'S APPLICATION TO THE DEPARTMENT.
5. FOR ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPART-
MENT SHALL GRANT LICENSES PURSUANT TO SECTION NINE HUNDRED SEVEN OF THIS
ARTICLE WITHOUT REQUIRING A TEST. AFTER THE ONE YEAR PERIOD, THE
DEPARTMENT SHALL, IN ADDITION TO ALL OTHER REQUIREMENTS UNDER THIS ARTI-
CLE, REQUIRE EACH SPECIALIST APPLICANT TO PASS A COMPETENCY TEST SHOWING
THAT THE APPLICANT IS KNOWLEDGEABLE IN FIRE SUPPRESSION WORK PRIOR TO
ISSUING ANY LICENSE PURSUANT TO THIS ARTICLE.
6. THE DEPARTMENT SHALL ESTABLISH A METHOD FOR ESTABLISHING AN APPLI-
CANT'S QUALIFICATIONS, INCLUDING THE DETERMINATION OF HOW MANY HOURS OF
FIRE SUPPRESSION WORK THE APPLICANT HAS PERFORMED.
A. 10386 13
7. THE DEPARTMENT MAY DENY THE APPLICATION OF ANY APPLICANT WHO FAILS
TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE OR ANY RULE OR REGULATION
RELATED THERETO, OR WHO LACKS THE NECESSARY QUALIFICATIONS FOR A
LICENSE.
8. THE DEPARTMENT OR BOARD MAY, UPON COMPLAINT OR UPON HIS OR HER OWN
INQUIRY, AND UPON NOTICE TO A SPECIALIST, SUSPEND OR REVOKE ANY LICENSE,
CERTIFICATE, OR CARD ISSUED PURSUANT TO THIS ARTICLE IF:
(A) THE SPECIALIST'S APPLICATION THAT WAS SUPPORTED BY DOCUMENTATION
THAT WAS MATERIALLY 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 WAS PROVEN TO UNSAFELY OR INCOMPETENTLY PERFORM
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 FAILED TO COMPLY WITH ANY RULE OR REGULATION OF THE
DEPARTMENT OR BOARD PROMULGATED TO IMPLEMENT THE PROVISIONS OF THIS
ARTICLE.
9. ANY PERSON AGGRIEVED BY A DECISION OF THE DEPARTMENT OR BOARD IS
ENTITLED TO JUDICIAL REVIEW AS PROVIDED IN THE CIVIL PRACTICE LAW AND
RULES.
10. ANY PERSON ENTERING OR ANY FIRM, CORPORATION, OR EMPLOYEE THEREOF,
OR ANY REPRESENTATIVE, MEMBER OR OFFICER OF SUCH FIRM OR CORPORATION
CAUSING A PERSON TO ENTER UPON OR ENGAGE IN THE BUSINESS OF PERFORMING
ANY FIRE SUPPRESSION WORK AS DEFINED IN SECTION NINE HUNDRED NINE OF
THIS ARTICLE WITHOUT OBTAINING THE REQUIRED LICENSE OR OTHERWISE COMPLY-
ING WITH THIS ARTICLE, IS FOR THE FIRST OFFENSE GUILTY OF A MISDEMEANOR.
SUCH A CONVICTION WILL RESULT IN A FINE OF NOT LESS THAN ONE HUNDRED
DOLLARS OR MORE THAN FIVE HUNDRED DOLLARS. FOR A SECOND AND EACH SUBSE-
QUENT OFFENSE, THE PENALTY AND PUNISHMENT IS A FINE OF NOT LESS THAN
FIVE HUNDRED DOLLARS OR 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 SECTION NINE
HUNDRED NINE OF THIS ARTICLE, AFTER OFFICIAL NOTICE THAT SUCH WORK IS
UNLAWFUL, IS A SEPARATE OFFENSE.
11. ANY FIRE SUPPRESSION WORK PERFORMED BY A PERSON IS DETERMINED BY
THE SECRETARY OF STATE TO BE 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 DEPARTMENT OR BOARD, IS
SUBJECT TO BEING ISSUED A CITATION OR A CIVIL ACTION IN THE NAME OF THE
STATE IN THE 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 SECRETARY OF STATE AND WITH ANY FINAL DECISION OF THE
BOARD. THE DEPARTMENT AND BOARD SHALL BE REPRESENTED IN ALL SUCH
PROCEEDINGS BY THE ATTORNEY GENERAL OR HIS/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
A. 10386 14
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. CARDS ISSUED BY THE DEPARTMENT SHALL BE CLEARLY MARKED WHETHER THE
CARDHOLDER IS AN APPRENTICE OR JOURNEYPERSON.
14. NO JOURNEYPERSON OR APPRENTICE SHALL HOLD HIMSELF OR HERSELF OUT
TO BE QUALIFIED TO INSTALL, INSPECT, TEST, OR MAINTAIN A WATER-BASED
FIRE PROTECTION SYSTEM WITHOUT BEING IN THE ACTIVE EMPLOY OF A LICENSED
NEW YORK STATE WATER-BASED FIRE PROTECTION CONTRACTOR.
15. WHEN APPLYING FOR RENEWAL, JOURNEYPERSONS, RESIDENTIAL TRADESPER-
SONS, AND RESIDENTIAL TRAINEES SHALL PROVE SIXTEEN HOURS OF APPROVED
CONTINUING EDUCATION UNITS IN THE FIELD OF FIRE SUPPRESSION WORK, SAFE-
TY, OR OTHER APPLICABLE COURSE OF STUDY FROM A THIRD PARTY SOURCE OF
EDUCATION OR TRAINING. SAFETY COURSES MAY BE A MAXIMUM OF EIGHT HOURS OF
THE REQUIREMENTS AND SHALL BE OSHA SANCTIONED OR APPROVED PROGRAMS.
ON-LINE INTERNET PROGRAMS MAY OBTAIN A MAXIMUM OF FOUR HOURS. ALL EDUCA-
TION, COURSES OF STUDY, AND TRAINING WILL REQUIRE PROOF OF SUCCESSFUL
COMPLETION OF ALL HOURS.
16. THE DEPARTMENT MAY ISSUE A TEMPORARY LICENSE TO A FITTER PRIOR TO
SUCH PERSON TAKING AN EXAMINATION IF SUCH PERSON MEETS THE REQUIREMENTS
OF "JOURNEYPERSON FITTER" AS DEFINED IN THIS ARTICLE. THE TEMPORARY
LICENSE SHALL ONLY BE ISSUED ONCE TO A PERSON DURING HIS/HER LIFETIME
AND SHALL ONLY BE VALID FROM THE DATE OF ISSUANCE UNTIL THE DATE OF THE
NEXT EXAMINATION.
17. (A) IF ANY PERSON, ELIGIBLE AS A JOURNEYPERSON OR APPRENTICE AS
PROVIDED IN THIS SECTION, BE IN THE MILITARY SERVICE AT OR DURING THE
TIME AN APPLICATION IS REQUIRED TO BE FILED WITH FEE PAID, ACCORDING TO
THE PROVISIONS OF THIS SECTION, THE PERIOD WITHIN WHICH THE APPLICATION
MAY BE FILED AND FEE MAY BE PAID, IS EXTENDED IN BEHALF OF SUCH PERSON
UNTIL THREE MONTHS AFTER THE TERMINATION OF MILITARY SERVICE, NOTWITH-
STANDING ANY PROVISIONS IN THIS ARTICLE TO THE CONTRARY.
(B) IN THE CASE OF PERSONS WHO ARE OR WERE IN THE MILITARY SERVICE AND
HAVE BEEN OR WILL BE DISCHARGED UNDER CONDITIONS OTHER THAN DISHONOR-
ABLE, THE PERIOD OF TWO YEARS SPECIFIED NEED NOT BE CONTINUOUS. THE
LENGTH OF TIME SUCH PERSON WAS EMPLOYED AS A SPECIALIST BEFORE ENTERING
ACTIVE MILITARY SERVICE MAY BE ADDED TO ANY PERIOD OF TIME DURING WHICH
SUCH PERSON WAS OR IS ENGAGED AS A SPECIALIST AFTER THE TERMINATION OF
MILITARY SERVICE.
S 907. LICENSE: APPLICATION; INSURANCE; DISPLAY; AND DUPLICATES. 1.
AFTER A REPRESENTATIVE RME MEETS THE PROVISIONS OF THIS ARTICLE AS A
BUSINESS QUALIFIER, ANY BUSINESS ENTITY DESIRING A LICENSE TO ENGAGE IN
THE BUSINESS OF LAYOUT, INSTALLING, INSPECTING, SERVICING, ALTERING, OR
MAINTAINING OF WATER-BASED FIRE PROTECTION SYSTEMS UNDER THIS ARTICLE,
MAY MAKE APPLICATION TO THE DEPARTMENT. THE RME SHALL BE SUBSCRIBED BY
THE LICENSE APPLICANT AND AFFIRMED BY HIM OR HER AS TRUE UNDER THE
PENALTIES OF PERJURY. THE LICENSE APPLICATION SHALL BE IN SUCH FORM AND
SHALL CONTAIN SUCH INFORMATION RELATIVE TO THE RME NICET CERTIFICATION
NUMBER, CATEGORY OF DISCIPLINE, AND LEVEL OF DISCIPLINE. EACH LICENSE
APPLICATION SHALL BE ACCOMPANIED BY A COPY OF REQUIRED CERTIFICATIONS AS
ESTABLISHED IN THIS ARTICLE PROVING THE LEVEL OF CERTIFICATION FOR
INSPECTION BY THE DEPARTMENT.
2. ALL LICENSES SHALL BE FOR A PERIOD OF TWO YEARS.
3. NO LICENSE SHALL BE ASSIGNABLE OR TRANSFERABLE EXCEPT AS HEREINAFT-
ER PROVIDED.
A. 10386 15
4. A LICENSE ISSUED TO A LIMITED LIABILITY COMPANY OR TO A 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 DEPARTMENT IN WRITING WITHIN FIVE BUSINESS DAYS FROM SUCH
TERMINATION OR CESSATION. THE LICENSE HOLDER MAY CONTINUE TO CONDUCT THE
BUSINESS OF LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING, TEST-
ING, OR MAINTAINING WATER-BASED FIRE PROTECTION SYSTEMS FOR A PERIOD NOT
TO EXCEED SIXTY DAYS FROM THE DATE OF SUCH TERMINATION OR CESSATION; THE
PERIOD OF SIXTY DAYS PRIOR MAY BE EXTENDED UPON APPLICATION TO THE
DEPARTMENT AND FOR GOOD CAUSE FOR AN ADDITIONAL PERIOD NOT TO EXCEED ONE
HUNDRED AND TWENTY DAYS; BY THE END OF SUCH PERIOD A NEW RME MUST BE
DESIGNATED WHO HAS MET THE CERTIFICATION REQUIREMENTS OF THIS ARTICLE ON
BEHALF OF THE LICENSE HOLDER.
5. (A) AS A PREREQUISITE TO ISSUANCE OF A LICENSE, THE DEPARTMENT
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 APPRO-
PRIATE CONTRACTOR LEVEL BEING APPLIED FOR HEREIN WITH A MINIMUM OF ONE
MILLION DOLLARS ($1,000,000) FOR CONTRACTOR I, CONTRACTOR II, CONTRACTOR
III, AND CONTRACTOR IV. THIS PROOF SHALL SHOW APPROPRIATE COVERAGE FOR
COMPREHENSIVE GENERAL LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGES,
PRODUCTS LIABILITY, COMPLETED OPERATIONS, CONTRACTUAL LIABILITY, AND
WORKERS' COMPENSATION. THE BOARD MAY ADOPT RULES PROVIDING FOR THE MINI-
MAL 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, ANY MATERI-
AL CHANGE IN COVERAGE OR ANY TERMINATION, NON-RENEWAL, OR CANCELLATION
UNLESS THIRTY DAYS PRIOR NOTICE SHALL BE GIVEN TO THE DEPARTMENT.
(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. 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 DEPARTMENT, SHALL BE
SUBJECT TO THE PENALTIES PROVIDED IN THIS ARTICLE.
6. UPON SATISFACTION OF THE REQUIREMENTS OF THIS SECTION, THE LICENSE
SHALL BE ISSUED. 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 DEPARTMENT 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 DEPARTMENT
CONTAINING CONFIRMATION OF INSURANCE COVERAGE AS REQUIRED BY THIS ARTI-
CLE. 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
DEPARTMENT.
A. 10386 16
8. THE LICENSE ISSUED 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 THE BUSINESS OF LAYOUT, INSTALL-
ING, SERVICING, REPAIRING, INSPECTING, TESTING, OR MAINTAINING OF
WATER-BASED FIRE PROTECTION SYSTEMS.
9. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, AND AFTER
OBTAINING A LICENSE ISSUED PURSUANT TO THE TERMS OF THIS ARTICLE, 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 IN THE PHRASE "NEW YORK STATE LICENSE #___________".
10. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, AND AFTER
OBTAINING A LICENSE ISSUED PURSUANT TO THE TERMS OF THIS ARTICLE, ALL
ADVERTISING PLACED BY A BUSINESS ENTITY LICENSED UNDER THIS ARTICLE MUST
CONTAIN THE FOLLOWING STATEMENT: "NEW YORK STATE LICENSE #_________".
11. A DUPLICATE LICENSE MAY BE ISSUED FOR ONE LOST, DESTROYED OR MUTI-
LATED UPON APPLICATION THEREFOR ON A FORM PRESCRIBED BY THE DEPARTMENT
AND THE PAYMENT OF THE FEE PRESCRIBED THEREFORE 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 LICENSE SHALL BE
TRANSPOSED IDENTICALLY ONTO THE DUPLICATE LICENSE.
12. NOTICE IN WRITING SHALL BE GIVEN TO THE DEPARTMENT 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 RME FOR A PERIOD OF NOT MORE THAN SIXTY DAYS FROM THE DATE
OF DEATH OF SUCH INDIVIDUAL. THE PERIOD OF SIXTY DAYS AFORESAID MAY BE
EXTENDED UPON APPLICATION TO THE DEPARTMENT AND FOR GOOD CAUSE SHOWN FOR
AN ADDITIONAL PERIOD NOT TO EXCEED ONE HUNDRED AND TWENTY DAYS.
S 908. LICENSE: RENEWALS AND RME. THE CONTRACTOR SHALL SUBMIT APPLICA-
TION FOR LICENSE RENEWAL WITH CURRENT RME INFORMATION AND QUALIFICA-
TIONS.
S 909. INSPECTION OF WATER-BASED FIRE PROTECTION SYSTEMS. 1. THE
DEPARTMENT OR OFPC 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 THE LAWS AND RULES OF THE STATE AND IN
ACCORDANCE WITH SPECIFIC PROJECT REQUIREMENTS. THIS DOES NOT DIMINISH
THE CAPACITY AND DUTIES OF THE LOCAL CODE ENFORCEMENT OFFICE.
2. WATER-BASED FIRE PROTECTION SYSTEMS INSTALLED IN PUBLIC AND PRIVATE
PROPERTIES, EXCEPT ONE-FAMILY OR TWO-FAMILY DWELLINGS, IN THIS STATE
SHALL BE INSPECTED FOLLOWING PROCEDURES ESTABLISHED IN THE NATIONALLY
RECOGNIZED INSPECTION, TESTING, AND MAINTENANCE STANDARD NFPA-25 AS SET
FORTH IN THE EDITION ADOPTED BY THE NEW YORK STATE CODES COUNCIL AND NEW
YORK STATE ARTICLE 19. 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 IN THIS ARTICLE. THIS SECTION
A. 10386 17
DOES NOT PROHIBIT GOVERNMENTAL ENTITIES AND CODE ENFORCEMENT OFFICIALS
IN THE PERFORMANCE OF THEIR DUTIES FROM INSPECTING AND ENFORCING NEW
YORK STATE ADOPTED AND REFERENCED STANDARDS AND CODES.
3. ONLY THE APPROPRIATE WATER-BASED FIRE PROTECTION LICENSE HOLDERS
MAY OPEN VALVES OR FLOWING WATER IN WATER-BASED FIRE PROTECTION SYSTEMS.
ALARM CONTRACTORS ARE PROHIBITED FROM DOING SO. THE WATER-BASED SYSTEM
INSPECTOR SHALL TEST THE FIRE SUPPRESSION SYSTEM, IS RESPONSIBLE TO FLOW
WATER AND MAY RESET THE ALARM PANEL WHEN FLOW AND TAMPER INDICATORS
REPORT. A SECURITY OR FIRE ALARM LICENSE SHALL NOT BE REQUIRED TO
PERFORM THIS PORTION OF INSPECTION, TESTING, AND MAINTENANCE OF ANY FIRE
SUPPRESSION SYSTEM.
4. A BUILDING OWNER OR BUILDING OWNER'S AUTHORIZED REPRESENTATIVE
SHALL CONTRACT WITH A NEW YORK STATE LICENSED CONTRACTOR FOR THE MEANS
OF SCHEDULED INSPECTION AND TESTING BEFORE ANY CERTIFICATE OF OCCUPANCY
IS ISSUED. THE INSPECTING CONTRACTOR SHALL PROVIDE TO THE BUILDING OWNER
(OTHER THAN DETACHED ONE- AND TWO-FAMILY HOMES) A COPY OF THE INSPECTION
REPORT ESTABLISHED DETAILING APPLICABLE NEW YORK STATE CODES REQUIRE-
MENTS AND NFPA 25 STANDARD INSPECTION, TESTING, AND MAINTENANCE CRITE-
RIA. 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. 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. INSPECTIONS AND TESTING OF AUTOMATIC FIRE SPRINKLER SYSTEMS FOR
DETACHED ONE-FAMILY DWELLINGS, DETACHED TWO-FAMILY DWELLINGS, AND MANU-
FACTURED HOUSING WITHIN THE SCOPE OF NFPA 13D ARE THE RESPONSIBILITY OF
THE BUILDING OWNER. THE BUILDING OWNER IS RESPONSIBLE FOR REQUESTING
SERVICE FROM A LICENSED NEW YORK STATE CONTRACTOR I OR IV WHEN ANY DEFI-
CIENCY EXISTS. THE NFPA-25 INSPECTION OF EXPOSED UNDERGROUND PIPING
SUPPLYING A WATER-BASED FIRE PROTECTION SYSTEM FROM POINT OF PRIVATE
SERVICE SHALL 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, THEIR OFFICERS AND EMPLOYEES, FROM LIABILITIES, DAMAGES, LOSS-
ES AND COSTS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES,
TO THE EXTENT CAUSED BY THE NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL
FAILURE OF THE OWNER TO MAINTAIN OR TAKE CORRECTIVE ACTION TO MAINTAIN A
FIRE PROTECTION SYSTEM OR PRIVATE HYDRANT.
7. TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPARTMENT
SHALL REQUIRE THE NICET LEVEL II "INSPECTION AND TESTING OF WATER-BASED
FIRE PROTECTION SYSTEMS" OR EQUIVALENT TRAINING AND EDUCATION AS DETER-
MINED BY THE DEPARTMENT FOR THE RME(S) QUALIFYING A CONTRACTOR II AS
PROOF THAT HE OR SHE IS KNOWLEDGEABLE IN NATIONALLY ACCEPTED STANDARDS
FOR THE INSPECTION OF WATER-BASED FIRE PROTECTION SYSTEMS. EACH CONTRAC-
TOR II RME SHALL MAINTAIN NICET LEVEL II "INSPECTION AND TESTING OF
WATER-BASED FIRE PROTECTION SYSTEMS" CERTIFICATION OR EQUIVALENT AS A
CONDITION OF PERMIT RENEWAL.
8. NO MUNICIPALITY OR COUNTY SHALL REQUIRE ANY FORMS OR DOCUMENTS FOR
FIRE PROTECTION SYSTEM INSPECTIONS, TESTING, AND MAINTENANCE BEYOND WHAT
A. 10386 18
IS IN THE SCOPE OF THE FIRE CODE OF THE STATE OF NEW YORK AND DOCUMENT
NFPA 25. ALL FORMS AND DOCUMENTATION REQUIRED SHALL COME FROM THE BUILD-
ING OWNER OR THEIR LEGAL REPRESENTATIVE.
9. BUILDING OWNERS OR THEIR LEGAL REPRESENTATIVES SHALL CAUSE A COPY
OF ALL FIRE PROTECTION SYSTEM INSPECTION FORMS FOR THEIR PROPERTIES TO
BE FORWARDED TO THE APPROPRIATE CODE ENFORCEMENT OFFICE WITHIN THIRTY
BUSINESS DAYS OF COMPLETION OF INSPECTION.
10. CODE ENFORCEMENT OFFICES SHALL REVIEW ALL FIRE PROTECTION
INSPECTION, TESTING AND MAINTENANCE FORMS AND DOCUMENTS FOR SYSTEM DEFI-
CIENCIES THAT ARE NOTED, AND DETERMINE TIME LIMITATIONS OF CORRECTION OF
DEFICIENCIES NOTED ON FIRE PROTECTION SYSTEM INSPECTION REPORTS WITH THE
APPROPRIATE BUILDING OWNER OR THEIR LEGAL REPRESENTATIVE.
S 910. 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 ISSUING A DUPLICATE CERTIFICATE OR LICENSE IN SUBSTI-
TUTION FOR ONE LOST, DESTROYED, OR MUTILATED SHALL BE TWENTY-FIVE
DOLLARS.
3. THE FEE FOR CHANGING A NAME OR ADDRESS SHALL BE TEN DOLLARS.
4. THE DEPARTMENT MAY CHARGE A FEE FOR THE ISSUANCE OF A SPECIALIST
LICENSE, WHICH SHALL NOT EXCEED ONE HUNDRED AND FIFTY DOLLARS.
5. ANY JOURNEYPERSON OR APPRENTICE LICENSE ISSUED PURSUANT TO THIS
ARTICLE SHALL BE VALID FOR A PERIOD OF TWO YEARS. A LICENSEE MAY RENEW
HIS/HER LICENSE UPON THE PAYMENT OF A FIFTY DOLLAR RENEWAL FEE. EACH
RENEWAL LICENSE SHALL BE VALID FOR A TWO-YEAR PERIOD.
6. THE FEES SET FORTH HEREIN SHALL BE FOR REGISTRATIONS, CERTIFICATES,
AND LICENSES ISSUED FOR THE PERIOD OF TWO YEARS OR FOR A FRACTION OF
SUCH PERIOD.
S 911. SUSPENSION AND REVOCATION OF LICENSES. 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 THOU-
SAND DOLLARS PER VIOLATION PAYABLE TO THE DEPARTMENT MAY BE IMPOSED OR A
REPRIMAND ISSUED BY THE DEPARTMENT OR BOARD, 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 OF THIS ARTICLE, OR OF ANY RULE OR
REGULATION ADOPTED HEREUNDER;
(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;
(H) (I) A VIOLATION OF ANY PROVISION OF THIS ARTICLE OR OF ANY RULE
ADOPTED AND PROMULGATED PURSUANT TO THIS ARTICLE OR (II) THE FAILURE OR
REFUSAL TO COMPLY WITH ANY NOTICE OR ORDER TO CORRECT A VIOLATION OR ANY
CEASE AND DESIST ORDER BY ANY RME OR BUSINESS HOLDING A LICENSE IS CAUSE
FOR DENIAL, NON-RENEWAL, REVOCATION, OR SUSPENSION OF A PERSON ACTING AS
A. 10386 19
AN RME QUALIFIER FOR A LICENSE OR LICENSE BY THE DEPARTMENT 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, (I) ALLOW ANOTHER PERSON
TO USE THE CERTIFICATE OR LICENSE NUMBER, OR (II) USE A CERTIFICATE OR
LICENSE NUMBER OTHER THAN THE VALID CERTIFICATE OR LICENSE NUMBER; AND
(L) FAIL TO PROVIDE PROOF OF INSURANCE TO THE DEPARTMENT OR FAIL 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 AN
RME QUALIFIER OR LICENSES THEN HELD BY THE BUSINESS ENTITY AND DURING
SUCH PERIOD OF TIME NO LICENSE SHALL BE ISSUED TO SUCH BUSINESS ENTITY.
DURING THE SUSPENSION OR REVOCATION OF ANY LICENSE, THE FORMER HOLDER
SHALL NOT ENGAGE IN OR ATTEMPT OR PROFESS TO ENGAGE IN ANY TRANSACTION
OR BUSINESS FOR WHICH A LICENSE IS REQUIRED UNDER THIS CHAPTER OR
DIRECTLY OR INDIRECTLY OWN, CONTROL, OR BE EMPLOYED IN ANY MANNER BY ANY
FIRM, BUSINESS, OR CORPORATION FOR WHICH A LICENSE UNDER THIS CHAPTER IS
REQUIRED. IF, DURING THE PERIOD BETWEEN THE BEGINNING OF PROCEEDINGS AND
THE ENTRY OF AN ORDER OF SUSPENSION OR REVOCATION BY THE DEPARTMENT, A
NEW LICENSE HAS BEEN ISSUED TO THE BUSINESS ENTITY SO CHARGED, THE ORDER
OF SUSPENSION OR REVOCATION SHALL OPERATE TO SUSPEND OR REVOKE SUCH NEW
LICENSE HELD BY SUCH BUSINESS ENTITY.
3. THE DEPARTMENT 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 DEPARTMENT SHALL NOT
ISSUE A NEW LICENSE IF IT FINDS THAT THE CIRCUMSTANCES FOR WHICH THE
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
DEPARTMENT 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 DEPARTMENT OR A COURT OR ITS VOLUNTARY SURRENDER BY A
LICENSE HOLDER DOES NOT DEPRIVE THE DEPARTMENT TO INVESTIGATE OR ACT IN
DISCIPLINARY PROCEEDINGS AGAINST THE LICENSE HOLDER.
7. APPLICATION FOR A LICENSE FOLLOWING A REVOCATION OF A PREVIOUS
LICENSE IN ANY CATEGORY FOR A WATER-BASED FIRE PROTECTION CONTRACTOR
SHALL FOLLOW ALL PROCEDURES FOR OBTAINING A NEW LICENSE.
S 912. HEARING ON CHARGES; DECISION. NO CERTIFICATE OR LICENSE SHALL
BE SUSPENDED OR REVOKED NOR SHALL ANY FINE OR REPRIMAND BE IMPOSED UNTIL
A. 10386 20
AFTER A HEARING HAD BEFORE AN OFFICER OR EMPLOYEE OF THE DEPARTMENT,
DESIGNATED FOR SUCH PURPOSE BY THE DEPARTMENT, UPON NOTICE TO THE
CERTIFICATE OR LICENSE HOLDER OF AT LEAST TEN DAYS. THE DEPARTMENT
SHALL CONSIDER THE RECOMMENDATIONS OF THE BOARD. 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 CONSTITUTING
THE CHARGES AGAINST THE CERTIFICATE OR LICENSE HOLDER. THE CERTIFICATE
OR LICENSE HOLDER SHALL HAVE THE OPPORTUNITY TO BE HEARD IN HIS DEFENSE
EITHER IN PERSON OR BY COUNSEL AND MAY PRODUCE WITNESSES AND TESTIFY IN
HIS 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 FINDINGS AND A
RECOMMENDATION TO THE DEPARTMENT FOR DECISION. THE DEPARTMENT SHALL
REVIEW SUCH FINDINGS AND THE RECOMMENDATION AND, AFTER DUE DELIBERATION,
SHALL ISSUE AN ORDER ACCEPTING, MODIFYING OR REJECTING SUCH RECOMMENDA-
TION AND DISMISSING THE CHARGES OR SUSPENDING OR REVOKING THE CERTIF-
ICATE OR LICENSE OR IN LIEU THEREOF IMPOSING A FINE OR REPRIMAND UPON
THE CERTIFICATE OR LICENSE HOLDER. FOR THE PURPOSE OF THIS ARTICLE, THE
DEPARTMENT OR ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT DESIGNATED BY
THE SECRETARY OF STATE, MAY ADMINISTER OATHS, TAKE TESTIMONY, SUBPOENA
WITNESSES AND COMPEL THE PRODUCTION OF BOOKS, PAPERS, RECORDS, PHOTO-
GRAPHS, AND DOCUMENTS DEEMED PERTINENT TO THE SUBJECT OF INVESTIGATION.
S 913. JUDICIAL REVIEW. THE ACTION OF THE DEPARTMENT 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 UNDER AND PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES.
S 914. 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 LICENSE SUSPENDED OR
REVOKED, SHALL CONTINUE TO ENGAGE IN THE BUSINESS OF LAYOUT, INSTALLING,
SERVICING, REPAIRING, INSPECTING, TESTING, OR MAINTAINING WATER-BASED
FIRE PROTECTION SYSTEMS OR WHO, WITHOUT A LICENSE TO ENGAGE IN THE BUSI-
NESS OF LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING, TESTING,
OR MAINTAINING WATER-BASED FIRE PROTECTION SYSTEMS, 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 915. OFFICIAL ACTS USED AS EVIDENCE. THE OFFICIAL ACTS OF THE SECRE-
TARY OF STATE AND THE DEPARTMENT 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 916. DISPOSITION OF FEES. FEES COLLECTED PURSUANT TO THIS ARTICLE
SHALL BE PAID INTO AN APPROPRIATE ACCOUNT FOR THE DEPARTMENT PURSUANT TO
A. 10386 21
THE STATE FINANCE LAW, FOR ADMINISTRATION OF THIS ARTICLE. ALL REMAINING
MONEYS DERIVED FROM THE OPERATION OF THIS ARTICLE SHALL ON OR BEFORE THE
TENTH DAY OF EACH MONTH BE PAID INTO THE GENERAL FUND OF THE STATE TREA-
SURY TO THE CREDIT OF THE STATE PURPOSES ACCOUNT THEREIN.
S 917. SEVERABILITY. IF ANY PART OR PROVISION OF THIS ARTICLE OR THE
APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE BE ADJUDGED INVALID 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 THIS ARTICLE
OR THE APPLICATION THEREOF TO OTHER PERSONS OR CIRCUMSTANCES AND THE
LEGISLATURE HEREBY DECLARES THAT IT WOULD HAVE ENACTED THIS ARTICLE OR
THE REMAINDER THEREOF HAD THE INVALIDITY OF SUCH PROVISION OR APPLICA-
TION THEREOF BEEN APPARENT.
S 918. APPLICABILITY. 1. THIS ARTICLE SHALL NOT APPLY TO WATER-BASED
FIRE SUPPRESSION WORK IN NEW YORK CITY OR NASSAU COUNTY. ANY MUNICI-
PALITY OR LOCAL GOVERNMENTAL AGENCY LOCATED IN NEW YORK CITY OR NASSAU
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 A NEW YORK CITY OR
NASSAU COUNTY LICENSE OR LICENSES AS HAVING ANY STANDING OUTSIDE THE
BOUNDARIES OF NEW YORK CITY OR NASSAU COUNTY.
2. THIS ARTICLE SHALL NOT APPLY TO:
(A) A PERSON WHO PERFORMS WATER-BASED FIRE SUPPRESSION WORK WITH
RESPECT TO ANY ONE- OR TWO- FAMILY DWELLING OWNED OR LEASED BY THAT
PERSON; OR
(B) A PERSON WHO, WHILE EMPLOYED BY A PUBLIC UTILITY OR ITS AFFILIATE,
PERFORMS WATER-BASED 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-
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 ESTABLISHED BY THE PROVISIONS
OF THE CURRENTLY ADOPTED EDITION OF NFPA 25, THE NEW YORK STATE FIRE
PREVENTION AND BUILDING CODE, WHICH SHALL BE CONSIDERED A STATEWIDE
MINIMUM LEVEL OF INSPECTION CRITERIA FOR WATER-BASED FIRE PROTECTION
SYSTEMS, OR MORE RESTRICTIVE LOCAL STANDARDS; 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 PROVISION OF THIS ARTICLE AND THE PROVISION 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 ACT LIMITS THE POWER OF A MUNICIPALITY OR COUNTY TO
REGULATE THE QUALITY AND CHARACTER OF WORK PERFORMED BY CONTRACTORS
THROUGH A SYSTEM OF PERMITS, FEES, AND INSPECTIONS WHICH ARE DESIGNED TO
A. 10386 22
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 CERTIFICATES SHALL NOT
BE REQUIRED UNLESS THE COMPANY OPERATES OFFICES OR FACILITIES WITHIN THE
JURISDICTION.
5. NOTHING IN THIS ACT LIMITS THE POWER OF A MUNICIPALITY OR COUNTY 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.
6. ANY ELECTED OR APPOINTED OFFICIAL AUTHORIZED TO ISSUE BUILDING OR
FIRE PROTECTION OR OTHER RELATED PERMITS SHALL ASCERTAIN THAT THE APPLI-
CANT 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 WATER-BASED FIRE PROTECTION LICENSE. IF THE FIRE
PROTECTION CONTRACTOR IS NOT KNOWN AT THE TIME OF PERMIT REQUEST BY A
GENERAL CONTRACTOR OR OTHER PARTY APPLYING FOR PERMIT, THE REQUIRED
INFORMATION ABOVE SHALL BE SUPPLIED BEFORE ANY ABOVE GROUND FIRE
PROTECTION WORK COMMENCES. ANY PERMITS AT STATE OR LOCAL LEVELS FOR THE
LAYOUT, INSTALLING, SERVICING, REPAIRING, INSPECTING, TESTING, OR MAIN-
TAINING 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 919. 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 HEREIN 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 LIMITATION ON
THE EXTENT OF THE INDEMNIFICATION THAT BEARS A REASONABLE COMMERCIAL
RELATIONSHIP TO THE CONTRACT AND IS PART OF THE PROJECT SPECIFICATIONS
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 OTHER-
WISE 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, MATERIALSPERSONS, OR AGENTS OF ANY TIER OR THEIR RESPECTIVE
EMPLOYEES; 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
A. 10386 23
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-
SPERSONS, 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 SHALL NOT APPLY TO ANY CONTRACTS, AGREEMENTS, OR GUAR-
ANTEES ENTERED INTO BEFORE THE EFFECTIVE DATE OF THIS SECTION BUT
AFFECTS RENEWALS THEREOF WHEN SUCH RENEWAL TAKES PLACE AFTER THE EFFEC-
TIVE DATE OF THIS SECTION.
4. WATER-BASED FIRE PROTECTION CONTRACTORS 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 A 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 2. The general business law is amended by adding a new section 905
to read as follows:
S 905. LICENSING AND CERTIFICATION REQUIREMENTS FOR EXISTING CONTRAC-
TOR. AN EXISTING CONTRACTOR SHALL BE ENTITLED TO A LICENSE UNDER THIS
ARTICLE IF SUCH CONTRACTOR SHALL PRESENT TO THE DEPARTMENT: 1. SATISFAC-
TORY 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 MAINTAINING OF
WATER-BASED FIRE PROTECTION SYSTEMS AS A CONTRACTOR I, CONTRACTOR II, OR
CONTRACTOR III WITHIN THE STATE FOR AT LEAST FIVE YEARS WITHIN THE PERI-
OD OF SIX YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE;
OR
2. PROOF OF PROPER INSURANCE AS A WATER-BASED FIRE PROTECTION CONTRAC-
TOR WITHIN THE STATE 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. NO
LICENSE ISSUED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE
RENEWED.
S 3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law; provided, however,
that:
a. section 905 of the general business law as added by section one of
this act shall expire and be deemed repealed one year after the effec-
tive date of this act, when upon such date, the provisions of section
two of this act shall take effect; and
b. section 905 of the general business law as added by section two of
this act shall expire and be deemed repealed two years after the effec-
tive date of this act.
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