S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5684--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 25, 2017
                                ___________
 
 Introduced by Sens. SAVINO, ALCANTARA, AVELLA, CARLUCCI, VALESKY -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Consumer Protection -- recommitted to  the  Committee  on
   Consumer  Protection  in  accordance  with  Senate  Rule  6, sec. 8 --
   reported favorably from said committee and committed to the  Committee
   on Finance -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01960-07-8

 S. 5684--A                          2
 
         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.
         918. APPLICABILITY.
         919. CONTRACTUAL AGREEMENTS.
   §  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

 S. 5684--A                          3
 
 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
 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 ALL COUNTIES, EXCEPT  NEW  YORK,  BRONX,
 KINGS, QUEENS, RICHMOND, NASSAU AND SUFFOLK.
   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

 S. 5684--A                          4
 
 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.
   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, AND/OR A PERSON WHO HAS COMPLETED A  STATE  OR
 FEDERALLY RECOGNIZED APPRENTICESHIP PROGRAM.
   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

 S. 5684--A                          5
 
 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  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.

 S. 5684--A                          6
 
 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
 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-PUR-
 POSE 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.
   §  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

 S. 5684--A                          7
 
 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.
   (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, 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 GEOGRAPHICAL AREAS SPECIFIED IN SUBDIVISION TWELVE OF

 S. 5684--A                          8
 
 SECTION  NINE  HUNDRED  OF THIS ARTICLE 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-
 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.

 S. 5684--A                          9
 
   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.
 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 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 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.
   §  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

 S. 5684--A                         10
 
 MAKE RECOMMENDATIONS TO ADD, AMEND, OR REPEAL  ANY  OF  SUCH  RULES  AND
 REGULATIONS.
   § 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;
   (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.

 S. 5684--A                         11
 
   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
 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.
   § 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.
   §  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

 S. 5684--A                         12
 
 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
 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.
   § 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

 S. 5684--A                         13
 
 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.
   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

 S. 5684--A                         14
 
 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
 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.
   § 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

 S. 5684--A                         15
 
 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.
   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

 S. 5684--A                         16
 
 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.
   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.
   § 908. LICENSE: RENEWALS AND RME. THE CONTRACTOR SHALL SUBMIT APPLICA-
 TION  FOR  LICENSE  RENEWAL  WITH CURRENT RME INFORMATION AND QUALIFICA-
 TIONS.
   § 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

 S. 5684--A                         17
 
 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
 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

 S. 5684--A                         18
 
 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
 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.
   § 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.
   § 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;

 S. 5684--A                         19
 
   (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
 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.

 S. 5684--A                         20
 
   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.
   §  912.  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 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.
   §  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.
   §  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

 S. 5684--A                         21
 
 CONVICTION.  EACH  VIOLATION  OF THIS ARTICLE SHALL BE DEEMED A SEPARATE
 OFFENSE.
   § 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.
   § 916. DISPOSITION OF FEES. FEES COLLECTED PURSUANT  TO  THIS  ARTICLE
 SHALL BE PAID INTO AN APPROPRIATE ACCOUNT FOR THE DEPARTMENT PURSUANT TO
 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.
   §  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.
   §  918.  APPLICABILITY. 1. THIS ARTICLE SHALL NOT APPLY TO WATER-BASED
 FIRE SUPPRESSION WORK IN NEW YORK CITY OR NASSAU COUNTY OR SUFFOLK COUN-
 TY.  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 A NEW YORK CITY  OR  NASSAU  COUNTY  OR  SUFFOLK  COUNTY  LICENSE  OR
 LICENSES  AS HAVING ANY STANDING OUTSIDE THE BOUNDARIES OF NEW YORK CITY
 OR NASSAU COUNTY OR SUFFOLK 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

 S. 5684--A                         22
 
 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
 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.
   § 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

 S. 5684--A                         23
 
 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
 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.
   § 2. The general business law is amended by adding a new  section  905
 to read as follows:
   §  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. 5684--A                         24
 
   §  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.