Senate Bill S5804A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5804
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation  to  establishment
   of  the  water-based  fire protection licensure act, 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.  This  act  shall be known and may be cited as the "water-
 based fire protection licensure act".
   § 2. Legislative intent. It is declared that there exists and  may  in
 the  future  exist  within  the state of New York locations where water-
 based fire protection systems are installed  and  improper  installation
 and  improper  inspection,  testing,  and  maintenance  of existing fire
 protection systems may adversely affect the public  health,  safety  and
 general welfare. It is further acknowledged that fire protection systems
 are  critical  life  and  property safety systems and such systems whose
 layout,  installing,  repairing,  inspecting,  testing,  or  maintenance
 require  specialized  knowledge and experience. Therefore the purpose of
 this act is to protect, promote and preserve the public  health,  safety
 and general welfare by providing for the establishment of minimum stand-
 ards  for  licensure  of water-based fire protection system installation
 and inspecting contractors as well as  designating  and  utilization  of
 responsible managing employees as qualifiers of said license with estab-
 lishment  of  penalties  for  improper  layout,  installing,  repairing,
 inspecting, testing,  or  maintaining  of  water-based  fire  protection
 systems  and  prohibit  unlicensed activities. Furnishing and installing
 underground  water-supply  and  one-family  and  two-family  residential
 systems,  unless  a residential system in a "group home" are exempt from
 this act.
   § 3. The general business law is amended by adding a new article  35-G
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11363-01-9

 S. 5804                             2
 
                               ARTICLE 35-G
                        WATER-BASED FIRE PROTECTION
                               LICENSURE ACT
 SECTION 759-G. DEFINITIONS.
         759-H. LICENSE  AND  RME REQUIREMENTS; SCOPE OF PRACTICE; PENAL-
                  TIES FOR NON-COMPLIANCE.
         759-I. POWERS OF THE DEPARTMENT AND BOARD.
         759-J. NEW LICENSURE REQUIREMENTS.
         759-K. LICENSURE FOR EXISTING CONTRACTORS.
         759-L. LICENSURE: APPLICATION; INSURANCE; DISPLAY; DUPLICATES.
         759-M. LICENSE RENEWALS AND RMES.
         759-N. INSPECTION OF WATER-BASED FIRE PROTECTION SYSTEMS.
         759-O. FEES.
         759-P. SUSPENSION AND REVOCATION OF LICENSES.
         759-Q. HEARING ON CHARGES; DECISION.
         759-R. JUDICIAL REVIEW.
         759-S. VIOLATIONS AND PENALTIES.
         759-T. OFFICIAL ACTS USED AS EVIDENCE.
         759-U. DISPOSITION OF MONEYS  DERIVED  FROM  OPERATION  OF  THIS
                  ARTICLE.
         759-V. SEVERABILITY.
         759-W. APPLICABILITY.
         759-X. CONTRACTUAL AGREEMENTS.
   §  759-G.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, UNLESS THE CONTEXT
 REQUIRES OTHERWISE:
   1. "BOARD" MEANS THE STATE FIRE PROTECTION ADVISORY  BOARD  UNDER  THE
 DEPARTMENT.    SUCH  BOARD  SHALL  BE  THE APPROVING BODY FOR ALL RULES,
 REQUIREMENTS, REGULATIONS, AND FUTURE MODIFICATIONS AFFECTING LICENSURE,
 CERTIFICATES  AND  CERTIFICATION,  EXAMS,  TRAINING,  AND  OTHER  TOPICS
 COVERED UNDER THIS ACT.
   2.  "BUSINESS  ENTITY"  MEANS  A  FIRM,  COMPANY, PARTNERSHIP, LIMITED
 LIABILITY COMPANY, OR CORPORATION.
   3. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE  DIVISION  OF  LICENSING
 SERVICES.
   4. "ENGINEER OF RECORD" MEANS AN EDUCATION DEPARTMENT-LICENSED PROFES-
 SIONAL  ENGINEER, QUALIFIED BY EXPERIENCE AND TRAINING TO PROVIDE DESIGN
 CRITERIA FOR FIRE PROTECTION SYSTEMS INCLUDING:
   (A) SELECTION OF SYSTEM TYPES AND COMPONENTS;
   (B)  CLASSIFICATION  OF  POTENTIAL  HAZARDS  AND  COMMODITIES  TO   BE
 PROTECTED;
   (C) DENSITY, WATER FLOW, AND PRESSURE REQUIREMENTS FOR SYSTEM DESIGNS;
   (D) CONFIRMATION OF AVAILABLE WATER SUPPLY DATA;
   (E)  PRELIMINARY  HYDRAULIC  CALCULATIONS  VERIFYING  THE  ADEQUACY OF
 PROPOSED WATER SUPPLY ARRANGEMENTS;
   (F) ABILITY TO IDENTIFY WATER SUPPLIES THAT COULD LEAD TO MICROBIOLOG-
 ICALLY INFLUENCED CORROSION; AND
   (G) FAMILIARITY WITH SEISMIC INFORMATION AND OTHER ITEMS IDENTIFIED BY
 LAW OR THE UNIFORM FIRE AND BUILDING CODES OF THE STATE.
   5. "FEE" MEANS ANY EXAMINATION FEE, LICENSE FEE, REGISTRATION FEE,  OR
 RENEWAL  FEE  ACCOMPANYING  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.
   6. "FIRE CONTROL" OR "FIRE SUPPRESSION" MEANS:
   (A)  THE  PRACTICES,  OR  MATERIALS  AND EQUIPMENT IN OR ADJACENT TO A
 BUILDING OR PREMISES, USED IN THE INSTALLATION, MAINTENANCE,  EXTENSION,
 OR  ALTERATION  OF ALL PIPING MATERIALS AND EQUIPMENT, AS DEFINED BY THE

 S. 5804                             3
 
 STATE UNIFORM FIRE PREVENTION AND BUILDING CODE, IN CONNECTION WITH  THE
 DISCHARGE  OF  WATER  AND BACKFLOW PREVENTION FOR THE EXPRESS PURPOSE OF
 EXTINGUISHING AND CONTROLLING FIRE; AND
   (B)  THE  PRACTICE  OF INSTALLING, REPAIRING, INSPECTING, TESTING, AND
 MAINTAINING WATER-BASED FIRE PROTECTION SYSTEMS AS DEFINED BY THE  STATE
 UNIFORM FIRE PREVENTION AND BUILDING CODE.
   7.  "FIRE  SPRINKLER  SYSTEM"  MEANS  ANY  WATER-BASED FIRE PROTECTION
 SYSTEM, FIRE SUPPRESSION SYSTEM, OR FIRE CONTROL SYSTEM  EMPLOYING  FIRE
 SPRINKLERS  AND CONSISTING OF UNDERGROUND AND OVERHEAD PIPING, INCLUDING
 FIRE PUMPS AND ASSOCIATED PIPING, FIRE STANDPIPES THAT CONVEY WATER WITH
 OR WITHOUT OTHER AGENTS TO DISPERSAL OPENINGS OR DEVICES FOR THE PURPOSE
 OF EXTINGUISHING, CONTROLLING,  SUPPRESSING,  OR  CONTAINING  FIRE,  AND
 WHICH  PROVIDE PROTECTION FROM FIRE EXPOSURE OR EXPOSURE TO THE PRODUCTS
 OF COMBUSTION, AND ARE INSTALLED IN ACCORDANCE WITH  THE  STATE  UNIFORM
 FIRE PREVENTION AND BUILDING CODE AND REFERENCED STANDARDS AND STATE-AP-
 PROVED LOCAL STANDARDS.
   8.  "FULL-TIME EMPLOYEE" MEANS AN EMPLOYEE OF A BUSINESS ENTITY WHO IS
 EXPECTED TO WORK AT LEAST ONE THOUSAND  FIVE  HUNDRED  SIXTY  HOURS  PER
 YEAR.  EARNED,  PAID  TIME FOR LEAVE SUCH AS VACATION, SICK, OR PERSONAL
 DAYS SHALL NOT COUNT AGAINST THE ONE THOUSAND FIVE HUNDRED SIXTY HOURS.
   9. "GEOGRAPHICAL AREA" MEANS DISTINCT AREAS OF THE STATE AS FOLLOWS:
   (A) GEOGRAPHICAL AREA ONE: COUNTIES OF WESTCHESTER, PUTNAM,  ROCKLAND,
 ORANGE,  SULLIVAN, DUTCHESS, ULSTER, COLUMBIA, GREENE, DELAWARE, OTSEGO,
 SCHOHARIE, SCHENECTADY, ALBANY, RENSSELAER, MONTGOMERY, FULTON,  SARATO-
 GA,  WASHINGTON,  HERKIMER,  HAMILTON, WARREN, ESSEX, FRANKLIN, CLINTON,
 AND SAINT LAWRENCE.
   (B) GEOGRAPHICAL AREA TWO: COUNTIES OF JEFFERSON, LEWIS, OSWEGO, ONEI-
 DA, MADISON, CHENANGO, BROOME, TIOGA, CORTLAND, ONONDAGA, CAYUGA,  TOMP-
 KINS, CHEMUNG, SCHUYLER, SENECA, YATES, ONTARIO, WAYNE, STUEBEN, LIVING-
 STON,   MONROE,  ORLEANS,  GENESSEE,  WYOMING,  ALLEGHANY,  CATTARAUGUS,
 CHAUTAUQUA, ERIE, AND NIAGARA.
   10. "INSPECTION" MEANS THE VISUAL EXAMINATION OF A  BUILDING'S  WATER-
 BASED  FIRE PROTECTION SYSTEM, OR A PORTION THEREOF, TO VERIFY THAT SUCH
 SYSTEM APPEARS TO BE IN OPERATING CONDITION  AND  IS  FREE  OF  PHYSICAL
 DAMAGE.
   11. "INSPECTION, TESTING, AND MAINTENANCE" MEANS A PROGRAM PROVIDED BY
 A   STATE-LICENSED   WATER-BASED  FIRE  PROTECTION  CONTRACTOR  WHO  HAS
 CONTRACTED WITH A PROPERTY OR BUILDING OWNER, OR SUCH PROPERTY OR BUILD-
 ING OWNER'S REPRESENTATIVE, IN WHICH ALL COMPONENTS UNIQUE TO SUCH PROP-
 ERTY OR BUILDINGS' SYSTEMS ARE INSPECTED AND TESTED  AT  REQUIRED  TIMES
 AND  IN  WHICH  NECESSARY  MAINTENANCE  IS PROVIDED. SUCH PROGRAMS SHALL
 INCLUDE LOGGING AND RETENTION OF RELEVANT RECORDS AND REPORTING OF DEFI-
 CIENCIES AND MALFUNCTIONS TO THE PROPERTY OR BUILDING OWNER  OR  HIS  OR
 HER  AUTHORIZED  REPRESENTATIVE,  AND  THE  APPROPRIATE  AUTHORITIES  AS
 REQUIRED.
   12. "INSPECTOR" MEANS A PERSON CERTIFIED IN NICET II  INSPECTIONS  AND
 TESTING  OF  WATER-BASED SYSTEMS AND WHO IS EMPLOYED BY A STATE-LICENSED
 WATER-BASED FIRE PROTECTION  CONTRACTOR,  WHO  PERFORMS  INSPECTION  AND
 TESTING  ON A WATER-BASED FIRE PROTECTION SYSTEM, THE STATE UNIFORM FIRE
 PREVENTION AND BUILDING CODE, AND A PROGRAM PROVIDED BY A STATE-LICENSED
 WATER-BASED FIRE PROTECTION CONTRACTOR.
   13. "INSPECTOR TRAINEE" MEANS AN INSPECTOR-IN-TRAINING WHO MAY PERFORM
 INSPECTIONS UNDER THE SUPERVISION OF A NICET II INSPECTOR FOR UP TO  ONE
 YEAR  PRIOR  TO  OBTAINING NICET LEVEL I STATUS AND WHO MAY SUBSEQUENTLY
 PERFORM INSPECTIONS UNDER SUPERVISION UP  TO  AN  ADDITIONAL  TWO  YEARS
 PRIOR TO OBTAINING NICET LEVEL II STATUS IN THE FIELD OF INSPECTIONS AND

 S. 5804                             4
 
 TESTING  OF  WATER-BASED SYSTEMS. SUCH INSPECTOR TRAINEE AND NICET LEVEL
 II INSPECTOR MUST BOTH BE IN THE DIRECT EMPLOYMENT OF THE CONTRACTOR  I,
 II,  OR  III. THE DEPARTMENT SHALL ISSUE A CARD ONCE PER LIFETIME WITH A
 THREE-YEAR  LIMITATION,  AND SHALL BE MAINTAINED TO PROVE SUCH DURATIONS
 ARE MET. IF SUCH INSPECTOR TRAINEE DOES NOT  OBTAIN  THE  MINIMUM  NICET
 LEVEL  II CERTIFICATION, HE OR SHE SHALL NOT BE PERMITTED TO CONTINUE TO
 PERFORM INSPECTIONS.
   14. "INSTALL" OR "INSTALLATION"  MEANS  THE  INITIAL  PLACEMENT  OF  A
 WATER-BASED FIRE PROTECTION SYSTEM, OR ITS EXTENSION OR ALTERATION AFTER
 THE INITIAL PLACEMENT.
   15. "LAYOUT" MEANS THE PLACEMENT OF RISERS, CROSS MAINS, BRANCH LINES,
 FIRE  SPRINKLERS,  AND  HANGER LOCATIONS, AND SIZING OF PIPE AND SUPPLE-
 MENTAL HYDRAULIC CALCULATIONS  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
 WATER-BASED  FIRE  PROTECTION  DESIGN  STANDARDS  AND DESIGN CRITERIA AS
 PROVIDED BY THE ENGINEER OF RECORD.
   16. "LICENSE HOLDER" MEANS  A  BUSINESS  ENTITY  AS  DEFINED  BY  THIS
 SECTION  AND  AS LICENSED BY THE DEPARTMENT TO ENGAGE IN THE BUSINESS OF
 THE LAYOUT, INSTALLING, REPAIRING, INSPECTING, TESTING,  OR  MAINTAINING
 OF  WATER-BASED  FIRE  PROTECTION  SYSTEMS. A SINGLE LICENSE MAY NAME NO
 MORE THAN ONE BUSINESS ENTITY.
   17. "LIMITED MAINTENANCE" MEANS ADJUSTMENT OF OR REPLACEMENT OF SYSTEM
 COMPONENTS LIKE AND KIND, INCLUSIVE OF MAINTENANCE REQUIREMENTS PER NFPA
 25, AS DEFINED IN THIS SECTION.
   18. "MAINTENANCE" MEANS WORK PERFORMED BY A LICENSED WATER-BASED  FIRE
 PROTECTION  CONTRACTOR  TO  KEEP  WATER-BASED  FIRE PROTECTION EQUIPMENT
 OPERABLE INCLUDING REPAIRS.
   19. "NCCI" MEANS THE NATIONAL COUNCIL ON COMPENSATION INSURANCE.
   20. "NFPA" MEANS THE NATIONAL FIRE PROTECTION ASSOCIATION, INC.
   21. "NFPA 13D" MEANS THE  NFPA'S  MOST  RECENTLY  UPDATED  PUBLICATION
 TITLED  NFPA  13D, WHICH ESTABLISHES APPROPRIATE MEASURES FOR PROTECTION
 AGAINST FIRE HAZARDS IN ONE-FAMILY AND TWO-FAMILY DWELLINGS AND MANUFAC-
 TURED HOMES.
   22. "NFPA 25" MEANS  THE  NFPA'S  MOST  RECENTLY  UPDATED  PUBLICATION
 TITLED NFPA 25, WHICH ESTABLISHES THE MINIMUM REQUIREMENTS FOR THE PERI-
 ODIC INSPECTION, TESTING, AND MAINTENANCE OF WATER-BASED FIRE PROTECTION
 SYSTEMS  AND  THE  ACTIONS  TO UNDERTAKE WHEN CHANGES IN OCCUPANCY, USE,
 PROCESS, MATERIALS, HAZARD, OR WATER SUPPLY THAT POTENTIALLY IMPACT  THE
 PERFORMANCE OF SUCH WATER-BASED SYSTEM ARE PLANNED OR IDENTIFIED.
   23. "NFSA" MEANS THE NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
   24.  "NICET"  MEANS  THE NATIONAL INSTITUTE FOR CERTIFICATION IN ENGI-
 NEERING TECHNOLOGIES OR OTHER ENTITIES RECOGNIZED AS BEING EQUAL  TO  OR
 BETTER THAN NICET, AS DETERMINED BY THE DEPARTMENT.
   25. "OFPC" MEANS THE STATE OFFICE OF FIRE PREVENTION AND CONTROL.
   26. "REPAIR" MEANS ANY WORK ON A SYSTEM AFTER THE INITIAL INSTALLATION
 TO REPLACE, CORRECT OR MAINTAIN SUCH SYSTEM.
   27.  "RESPONSIBLE MANAGING EMPLOYEE" OR "RME" MEANS AN INDIVIDUAL WITH
 APPROPRIATE NICET CERTIFICATION WHO IS A FULL-TIME EMPLOYEE OF A  WATER-
 BASED  FIRE  PROTECTION CONTRACTOR, AND WHO IS DESIGNATED AS SUCH WATER-
 BASED FIRE PROTECTION CONTRACTOR'S QUALIFIER TO DO BUSINESS AS A  WATER-
 BASED  FIRE  PROTECTION  CONTRACTOR. A RME MAY SERVE TO QUALIFY ONLY ONE
 WATER-BASED FIRE PROTECTION CONTRACTOR UNDER THIS ARTICLE IN THE STATE.
   28. "SUPERVISE" OR "SUPERVISION" MEANS THE DIRECTION, MANAGEMENT,  AND
 OVERSIGHT  BY  THE  RME  NAMED ON A CONTRACTOR'S BUSINESS LICENSE OF THE
 ACTIVITIES OF PERSONNEL IN THE LAYOUT, INSTALLING,  REPAIRING,  INSPECT-
 ING,  TESTING,  OR MAINTAINING REPAIR OF ANY WATER-BASED FIRE PROTECTION
 SYSTEM. NOTWITHSTANDING THIS SUBDIVISION, SUPERVISION SHALL NOT  REQUIRE

 S. 5804                             5
 
 SUCH  RME TO BE AT THE SITE OF EACH LAYOUT, INSTALL, REPAIR, INSPECTION,
 TEST, OR MAINTENANCE OF  WATER-BASED  FIRE  PROTECTION  SYSTEMS  AT  ALL
 TIMES.
   29.  "TESTING"  MEANS  TESTING  WATER-BASED FIRE PROTECTION SYSTEMS AS
 DEFINED BY THE STATE UNIFORM FIRE PREVENTION AND BUILDING CODE.
   30. "WATER-BASED FIRE PROTECTION CONTRACTOR" OR "CONTRACTOR" MEANS ANY
 OF THE FOLLOWING CLASSES:
   (A) "CONTRACTOR I" OR "WATER-BASED FIRE PROTECTION CONTRACTOR" MEANS A
 BUSINESS ENTITY THAT OFFERS TO UNDERTAKE,  REPRESENTS  ITSELF  AS  BEING
 ABLE  TO UNDERTAKE, OR DOES UNDERTAKE THE LAYOUT, INSTALLING, REPAIRING,
 INSPECTING, TESTING, OR MAINTAINING OF ALL  TYPES  OF  WATER-BASED  FIRE
 PROTECTION SYSTEMS AND COMPONENTS.
   (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 INSPECTION AND TESTING ALONG WITH LIMITED  MAIN-
 TENANCE  OF  FIRE PROTECTION SYSTEMS.  CONTRACTOR II INSPECTORS SHALL BE
 CERTIFIED NICET II OR BETTER IN INSPECTION AND  TESTING  OF  WATER-BASED
 SYSTEMS.
   (C)  "CONTRACTOR  III"  OR  "FIRE SPRINKLER SYSTEM CONTRACTOR" MEANS A
 BUSINESS ENTITY THAT OFFERS TO UNDERTAKE,  REPRESENTS  ITSELF  AS  BEING
 ABLE  TO UNDERTAKE, OR DOES UNDERTAKE THE LAYOUT, INSTALLING, REPAIRING,
 INSPECTING, TESTING, OR MAINTAINING OF ALL  TYPES  OF  WATER-BASED  FIRE
 PROTECTION SYSTEMS AND COMPONENTS WITH THE EXCEPTION OF FOAM SYSTEMS.
   31.  "WATER-BASED  FIRE  PROTECTION  CONTRACTOR  BUSINESS  LICENSE" OR
 "LICENSE" MEANS A LICENSE ISSUED BY THE DEPARTMENT TO A BUSINESS  ENTITY
 TO OPERATE AS A WATER-BASED FIRE PROTECTION CONTRACTOR.
   32.  "WATER-BASED  FIRE PROTECTION SYSTEM" MEANS A COMMERCIAL OR RESI-
 DENTIAL SYSTEM INDIVIDUALLY DESIGNED TO PROTECT THE INTERIOR OR EXTERIOR
 OF A SPECIFIC BUILDING, STRUCTURE, OR OTHER POTENTIAL HAZARD FROM  FIRE,
 OR TO PROMOTE LIFE SAFETY. SUCH SYSTEMS INCLUDE, BUT ARE NOT LIMITED TO,
 WATER  FIRE-SPRINKLER SYSTEMS, WATER SPRAY SYSTEMS, FOAM-WATER SPRINKLER
 SYSTEMS, FOAM-WATER SPRAY SYSTEMS, AND FOAM EXTINGUISHING  SYSTEMS  USED
 FOR FIRE PROTECTION.
   §  759-H.  LICENSE  AND RME REQUIREMENTS; SCOPE OF PRACTICE; PENALTIES
 FOR NON-COMPLIANCE.  1. (A) IT IS UNLAWFUL FOR ANY  ORGANIZATION,  BUSI-
 NESS ENTITY, OR INDIVIDUAL TO ENGAGE IN THE BUSINESS OF LAYOUT, INSTALL-
 ING,  REPAIRING,  INSPECTING,  TESTING,  OR MAINTAINING WATER-BASED FIRE
 PROTECTION SYSTEMS, TO  ACT  IN  THE  CAPACITY  OF  A  WATER-BASED  FIRE
 PROTECTION  CONTRACTOR,  OR  TO  ADVERTISE ITSELF AS BEING A WATER-BASED
 FIRE PROTECTION CONTRACTOR WITHOUT HAVING BEEN DULY LICENSED AND WITHOUT
 HOLDING A VALID LICENSE, EXCEPT AS OTHERWISE PROVIDED IN  THIS  SECTION.
 THE  RME  NAMED TO QUALIFY AN ORGANIZATION OR BUSINESS ENTITY UNDER THIS
 ARTICLE MUST BE A FULL-TIME EMPLOYEE OF SUCH  ORGANIZATION  OR  BUSINESS
 ENTITY.    A  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 OF SUCH WATER-BASED FIRE PROTECTION CONTRAC-
 TORS 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  SUCH  RME MAKES USE OF OR ALLOWS THE USE OF
 NICET OR EQUIVALENT CERTIFICATION TO QUALIFY A CONTRACTOR OF WHICH  SUCH
 RME IS NOT A FULL-TIME EMPLOYEE.
   (C) ALL ENTITIES PERFORMING LAYOUT OF DRAWINGS, INSTALLING, REPAIRING,
 INSPECTING,  TESTING, OR MAINTAINING WATER-BASED FIRE PROTECTION SYSTEMS
 WITHIN THE STATE (EXEMPTING SYSTEMS WITHIN THE JURISDICTIONS OF THE FIVE
 BOROUGHS OF NEW YORK CITY, NASSAU COUNTY, AND SUFFOLK COUNTY) MUST  HAVE

 S. 5804                             6
 
 IN  THEIR  EMPLOY  ONE OR MORE RMES WITH APPROPRIATE NICET CERTIFICATION
 FOR THE LAYOUT OF WATER-BASED FIRE PROTECTION SYSTEM SHOP DRAWINGS TO BE
 PERFORMED, OR FOR THE PRACTICE OF INSPECTION, TESTING,  AND  MAINTENANCE
 OF  WATER-BASED FIRE PROTECTION SYSTEMS. THIS INCLUDES CONTRACTORS BASED
 IN OTHER STATES, NEW YORK CITY, NASSAU COUNTY, AND  SUFFOLK  COUNTY,  OR
 ANY OTHER LOCATION WORK COVERED UNDER THIS ARTICLE IS TO BE PERFORMED.
   (D)  NOTHING  IN THIS SUBDIVISION SHALL PROHIBIT AN EMPLOYEE ACTING ON
 BEHALF OF ANY GOVERNMENT ENTITY OR INSURANCE  PROVIDER  FROM  INSPECTING
 AND  ENFORCING  THE  STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND
 LOCAL LAWS, PROVIDED SUCH EMPLOYEE IS ACTING SOLELY ON  BEHALF  OF  SUCH
 GOVERNMENT  ENTITY  OR  INSURANCE  PROVIDER.  ALL FIRE PROTECTION CARDS,
 REGISTRATIONS, CERTIFICATES, AND LICENSES REQUIRED BY THIS  ARTICLE  AND
 ISSUED BY THE DEPARTMENT SHALL HAVE STATEWIDE APPLICATION (EXEMPTING THE
 JURISDICTIONS  OF THE FIVE BOROUGHS OF NEW YORK CITY, NASSAU COUNTY, AND
 SUFFOLK COUNTY). LOCAL GOVERNMENTS (EXEMPTING THE JURISDICTIONS  OF  THE
 FIVE BOROUGHS OF NEW YORK CITY, NASSAU COUNTY, AND SUFFOLK COUNTY) SHALL
 NOT ESTABLISH OR IMPOSE ANY FURTHER STANDARDS, LICENSING, CERTIFICATION,
 OR REGISTRATION UPON STATE-LICENSED WATER-BASED FIRE PROTECTION CONTRAC-
 TORS OR THEIR EMPLOYEES.
   (E)  LOCAL  GOVERNMENTS  (EXEMPTING  THE  JURISDICTIONS  OF  THE  FIVE
 BOROUGHS OF NEW YORK CITY, NASSAU COUNTY, AND SUFFOLK COUNTY) SHALL  NOT
 REQUIRE  ANY  TYPE OF BUSINESS CERTIFICATE, LICENSING, CERTIFICATION, OR
 REGISTRATION OF A WATER-BASED FIRE PROTECTION CONTRACTOR,  ITS  RME,  OR
 ITS EMPLOYEES THAT ARE LICENSED, CERTIFIED, OR REGISTERED BY THE DEPART-
 MENT  OF STATE UNLESS SUCH CONTRACTOR MAINTAINS A PHYSICAL OFFICE WITHIN
 SUCH LOCAL GOVERNMENT'S JURISDICTION.
   2. AS OF ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE, NO  PERSON
 OR  BUSINESS  ENTITY SHALL ENGAGE IN THE BUSINESS OF LAYOUT, INSTALLING,
 REPAIRING,  INSPECTING,  TESTING,  OR   MAINTAINING   WATER-BASED   FIRE
 PROTECTION  SYSTEMS BEGINNING AT THE POINT OF FIRE PROTECTION SERVICE TO
 THE MOST REMOTE PARTS OF THE SYSTEM, OR HOLD HIMSELF OR HERSELF  OUT  AS
 BEING  ABLE SO TO DO UNLESS HE OR SHE IS LICENSED PURSUANT TO THIS ARTI-
 CLE.
   3. AS OF TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF THIS  ARTICLE,
 THE  DEPARTMENT  SHALL REQUIRE THE MINIMUM LEVEL OF INSPECTION TO BE THE
 NICET LEVEL II PROGRAM OF INSPECTION  AND  TESTING  OF  FIRE  PROTECTION
 SYSTEMS,  OR  AN  EQUIVALENT  INSPECTION  PROGRAM ACCEPTABLE TO THE FIRE
 PROTECTION ADVISORY BOARD, AS PROOF THAT THE INSPECTORS  ARE  KNOWLEDGE-
 ABLE  OF  THE  STATE  REQUIRED AND NATIONALLY ACCEPTED STANDARDS FOR THE
 INSPECTION, TESTING, AND  MAINTENANCE  OF  WATER-BASED  FIRE  PROTECTION
 SYSTEMS.
   4.  RETROFITTING  OF A BACKFLOW PREVENTION DEVICE: IT IS THE RESPONSI-
 BILITY OF THE BUILDING OR PROPERTY OWNER, COMMERCIAL OR  RESIDENTIAL  TO
 OBTAIN  A  STATE  LICENSED  PROFESSIONAL  ENGINEER TO BECOME ENGINEER OF
 RECORD TO EVALUATE ANY WATER-BASED FIRE PROTECTION SYSTEM, SUPPLY  DOCU-
 MENTED  FINDINGS  TO  THE  WATER-BASED  FIRE  PROTECTION CONTRACTOR, AND
 APPROVE THE INSTALLATION OF ANY BACKFLOW PREVENTION DEVICE, IN ORDER  TO
 AVOID THE INTRODUCTION OR ADDITION OF A BACKFLOW PREVENTION DEVICE TO AN
 EXISTING  WATER-BASED FIRE PROTECTION SYSTEM, THAT CAUSES A REDUCTION IN
 AVAILABLE WATER PRESSURE AND MAY CREATE A SYSTEM MALFUNCTION.
   5. A WATER-BASED FIRE PROTECTION CONTRACTOR LICENSED UNDER THIS  ARTI-
 CLE SHALL NOT:
   (A)  ENTER INTO A WRITTEN OR ORAL AGREEMENT TO AUTHORIZE, SUBCONTRACT,
 OR OTHERWISE KNOWINGLY  ALLOW  ANY  INDIVIDUAL  OR  ENTITY  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

 S. 5804                             7
 
   (B) APPLY FOR OR OBTAIN A CONSTRUCTION  PERMIT  FOR  WATER-BASED  FIRE
 PROTECTION  WORK UNLESS SUCH WATER-BASED FIRE PROTECTION CONTRACTOR OR A
 BUSINESS ENTITY QUALIFIED BY SUCH CONTRACTOR HAS CONTRACTED  TO  CONDUCT
 THE WORK SPECIFIED IN HIS OR HER APPLICATION FOR THE REQUIRED PERMIT.
   6.  ANY  PERSON  WHO VIOLATES ANY PROVISION OF THIS ARTICLE OR COMMITS
 ANY OF THE ACTS CONSTITUTING A CAUSE  FOR  DISCIPLINARY  ACTION  AS  SET
 FORTH BY THIS ARTICLE SHALL BE GUILTY OF A CLASS B MISDEMEANOR, PUNISHA-
 BLE AS PROVIDED BY THIS ARTICLE, AND THE LAWS OF THE STATE.
   7.  IN  ADDITION  TO THE PENALTIES PROVIDED IN SUBDIVISION SIX 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 THE SUSPEN-
 SION OR REVOCATION OF HIS OR HER LICENSE AND SUCH  ADMINISTRATIVE  FINES
 AS PRESCRIBED BY THIS ARTICLE.
   8.  A LICENSE HOLDER HAS AN AFFIRMATIVE DUTY TO PROVIDE SUPERVISION OF
 EMPLOYEES AND ALL BUSINESS ACTIVITIES. SUCH SUPERVISION SHALL CONSIST OF
 REGULAR, FREQUENT PERSONAL GUIDANCE, INSTRUCTION, OVERSIGHT, AND  SUPER-
 INTENDENCE  BY  THE  QUALIFYING  RME OR RMES WITH RESPECT TO THE GENERAL
 BUSINESS CONDUCTED BY A FIRM, AND ALL MATTERS RELATING THERETO.
   9. NOTHING IN THIS ARTICLE SHALL PROHIBIT A PRINCIPAL OF A GIVEN BUSI-
 NESS ENTITY FROM QUALIFYING AS SUCH BUSINESS ENTITY'S  RME  AS  LONG  AS
 SUCH PRINCIPAL MEETS THE QUALIFICATIONS OF THIS ARTICLE.
   10. LICENSES ISSUED TO CONTRACTORS SHALL CLEARLY IDENTIFY THE LEVEL OF
 SUCH LICENSE FOR EASE OF IDENTIFICATION BY FIELD STAFF OF THE DEPARTMENT
 AND  OFPC,  LOCAL  CODE ENFORCEMENT OFFICIALS, THE PUBLIC, AND ANY OTHER
 INTERESTED PARTIES.
   11. LICENSE APPLICABILITY SHALL BE IN ACCORDANCE  WITH  THE  FOLLOWING
 TABLE:
         FUNCTION    CLASS I     CLASS II    CLASS III
         INSPECT     ALL         ALL         WATER, NOT FOAM
         TEST        ALL         ALL         WATER, NOT FOAM
         MAINTAIN    ALL         LIMITED     WATER, NOT FOAM
         INSTALL     ALL         N/A         WATER, NOT FOAM
         REPAIR      ALL         N/A         WATER, NOT FOAM
   §  759-I.  POWERS  OF  THE DEPARTMENT AND BOARD. 1. IN ADDITION TO THE
 POWERS AND DUTIES ELSEWHERE PRESCRIBED IN THIS ARTICLE,  THE  DEPARTMENT
 AND BOARD SHALL HAVE THE FOLLOWING POWERS:
   (A)  TO  PRESCRIBE THE DUTIES OF, FIX THE COMPENSATION OF, AND APPOINT
 AN ADEQUATE NUMBER OF ASSISTANTS, FIELD INSPECTORS, AND OTHER  EMPLOYEES
 AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   (B) TO EXAMINE THE QUALIFICATIONS OF APPLICANTS FOR LICENSES OR REGIS-
 TRATIONS UNDER THIS ARTICLE.
   (C) TO KEEP RECORDS OF ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS
 ISSUED,  SUSPENDED,  OR  REVOKED,  AND  TO PUBLISH SUCH INFORMATION ON A
 WEBSITE ACCESSIBLE TO THE PUBLIC.
   (D) 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 TO THE PUBLIC.
   (E) TO PROMULGATE SUCH RULES  AND  REGULATIONS  AS  MAY  BE  NECESSARY
 PRESCRIBING  THE  FORM,  CONTENT,  AND  RECEPTION  OF  APPLICATIONS  FOR
 LICENSES AND REGISTRATIONS, THE MANNER OF INVESTIGATION AND  EXAMINATION
 OF APPLICANTS AND THEIR QUALIFICATIONS, AND ANY OTHER MATTERS INCIDENTAL
 OR  APPROPRIATE  TO  THE 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. 5804                             8
 
   2. THE SECRETARY OF STATE SHALL CREATE A STATE FIRE  PROTECTION  ADVI-
 SORY  BOARD  AND HAVE THE FIRST MEETING WITHIN NINETY DAYS OF THE EFFEC-
 TIVE DATE OF THIS ARTICLE. SUCH BOARD SHALL BE COMPOSED OF THE FOLLOWING
 MEMBERS:
   (A) ONE POSITION FOR THE SECRETARY OF STATE OR HIS OR HER DESIGNEE;
   (B) ONE POSITION FOR THE STATE FIRE ADMINISTRATOR OR HIS OR HER DESIG-
 NEE;
   (C)  ONE POSITION FOR THE STATE DEPARTMENT OF STATE DIVISION OF BUILD-
 ING STANDARDS AND CODES OR HIS OR HER DESIGNEE;
   (D) THREE PERSONS APPOINTED BY THE PRESIDENT OF THE NFSA WHO SHALL  BE
 FROM SEPARATE GEOGRAPHICAL AREAS OF NEW YORK STATE, AND WHOSE BUSINESSES
 MUST  HAVE  BEEN ACTIVELY ENGAGED IN THE BUSINESS OF LAYOUT, INSTALLING,
 INSPECTING,  TESTING,  ALTERING,   OR   MAINTAINING   WATER-BASED   FIRE
 PROTECTION  SYSTEMS  FOR  AT LEAST FIVE YEARS IMMEDIATELY PRIOR TO THEIR
 APPOINTMENT;
   (E) ONE POSITION FOR THE NFSA REGIONAL MANAGER; AND
   (F) ONE STATE EDUCATION DEPARTMENT LICENSED PROFESSIONAL ENGINEER WITH
 EXPERIENCE IN WATER-BASED FIRE PROTECTION.
   3. THE CHAIR OF THE BOARD SHALL BE 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  HIS  OR  HER
 DESIGNEE,  MAY  SERVE  AS  CHAIR IN THE CHAIR'S ABSENCE SO AS TO CONDUCT
 BUSINESS.
   4. THE BOARD SHALL DIRECT THE DEPARTMENT IN THE ADMINISTRATION OF  THE
 REQUIREMENTS  ESTABLISHED  BY  THIS  ARTICLE  AND  ALL OTHER FUTURE FIRE
 PROTECTION SYSTEM LICENSING. THE BOARD SHALL MEET AT LEAST ONCE QUARTER-
 LY. THE BOARD SHALL HAVE THE AUTHORITY TO REVIEW COMPLAINTS AND DISPUTED
 ADMINISTRATIVE ACTION AND TO MAKE NON-BINDING RECOMMENDATIONS FOR DISCI-
 PLINARY ACTION TO THE DEPARTMENT AT THE REQUEST OF A CERTIFICATE HOLDER,
 LICENSE HOLDER, OR THE DEPARTMENT. THE BOARD SHALL  MAKE  DECISIONS  AND
 SUPPLY IN WRITING TO THE DEPARTMENT RULES, CODES, STANDARDS, INTERPRETA-
 TIONS, AND TRAINING.  THE BOARD MEMBERS' TERMS SHALL EXPIRE ON THE THIR-
 TIETH DAY OF JUNE FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE AND BIEN-
 NIALLY  THEREAFTER.  TERM  LIMITS  SHALL  BE LIMITED TO FOUR CONSECUTIVE
 TERMS. NO MEMBER OF THE BOARD SHALL BE PAID A SALARY AS SUCH MEMBER, BUT
 EACH SHALL RECEIVE NECESSARY EXPENSES FOR ATTENDING BOARD  MEETINGS  AND
 REIMBURSEMENT,  INCLUDING  TRAVEL  FOR  PERFORMANCE  OF HIS OR HER BOARD
 DUTIES.
   5. THE BOARD SHALL REVIEW AND MAKE DETERMINATIONS  REGARDING  ALL  NEW
 APPLICATIONS  AND THE DEPARTMENT SHALL ADMINISTER NEW LICENSES FOLLOWING
 BOARD APPROVAL AND RENEWALS WITH PROPER DOCUMENTATION.
   6. MEMBERS OF THE BOARD SHALL EXERCISE 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 MAJORITY OF  THE  BOARD  WITH  AT  LEAST  ONE  FIRE  PROTECTION
 CONTRACTOR BOARD MEMBER MUST BE PRESENT TO CONSTITUTE A QUORUM.
   8.  MOTIONS  SHALL  NOT  MOVE  FORWARD  WITHOUT  A MINIMUM OF TWO FIRE
 PROTECTION CONTRACTOR BOARD MEMBERS IN SUPPORT OF THE MOTION.
   § 759-J. NEW LICENSURE REQUIREMENTS. 1. AS A PREREQUISITE  FOR  LICEN-
 SURE  AS  A  CONTRACTOR I, A RME QUALIFIER MUST BE AT LEAST TWENTY-THREE
 YEARS OF AGE, BE OF GOOD MORAL CHARACTER, AND SHALL POSSESS  FIVE  YEARS
 OF  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 CONTRAC-
 TOR I RME MEET THE CRITERIA OF NICET III CERTIFICATION IN  THE  SPECIFIC

 S. 5804                             9
 
 TECHNICAL  DISCIPLINE  OF  WATER-BASED  LAYOUT,  OR  EQUIVALENT CRITERIA
 ACCEPTED BY THE BOARD AND THE DEPARTMENT AS A PREREQUISITE,  ALONG  WITH
 NICET   SPECIAL  HAZARDS  SUPPRESSION  SYSTEMS  OR  EQUIVALENT  CRITERIA
 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, A RME QUALIFIER
 MUST BE AT LEAST EIGHTEEN YEARS OF AGE AND BE OF  GOOD  MORAL  CHARACTER
 AND  SHALL  BE  CERTIFIED  NICET II FOR INSPECTION AND TESTING OF WATER-
 BASED SYSTEMS OR EQUIVALENT CERTIFICATION ACCEPTED BY THE BOARD AND  THE
 DEPARTMENT.  NICET I INSPECTION AND TESTING OF WATER-BASED SYSTEMS OR AN
 EQUIVALENT ACCEPTED BY THE BOARD  AND  BY  THE  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 OF 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 EXPE-
 RIENCE. THE RME QUALIFIER FOR THE CONTRACTOR III LICENSE SHALL MEET  THE
 CRITERIA OF NICET III CERTIFICATION IN THE SPECIFIC TECHNICAL DISCIPLINE
 OF  WATER-BASED  LAYOUT,  OR  AN  EQUIVALENT  ACCEPTED  BY THE BOARD AND
 DEPARTMENT, AS A PREREQUISITE.
   4. A STATE PROFESSIONAL ENGINEER  LICENSE  ALONG  WITH  EDUCATION  AND
 DOCUMENTED  EXPERIENCE IN WATER-BASED FIRE PROTECTION SYSTEM ENGINEERING
 MAY BE SUBSTITUTED FOR THE NICET REQUIREMENTS IN THIS SECTION.
   § 759-K. LICENSURE FOR EXISTING CONTRACTORS. EACH EXISTING  CONTRACTOR
 SHALL  FILE FOR A LICENSE AS AN EXISTING CONTRACTOR BY PRESENTING TO THE
 DEPARTMENT SATISFACTORY EVIDENCE THAT SUCH CONTRACTOR HAS BEEN  ACTIVELY
 ENGAGED  IN  THE PROPER CLASS OF CONTRACTING IN THE SCOPE OF THE LICENSE
 APPLIED FOR IN LAYOUT, INSTALLING, REPAIRING,  INSPECTING,  TESTING,  OR
 MAINTAINING  OF  WATER-BASED FIRE PROTECTION SYSTEMS, AS A CONTRACTOR I,
 CONTRACTOR II, OR CONTRACTOR III, AND SHALL SHOW PROOF OF PROPER  INSUR-
 ANCE  AS  A  WATER-BASED FIRE PROTECTION CONTRACTOR. SUCH EVIDENCE SHALL
 INCLUDE PROOF OF INSURANCE WHICH INCLUDES THE LATEST NCCI  RATING  SHEET
 FOR WORKERS COMPENSATION SHOWING THE APPROPRIATE CODE FOR FIRE SPRINKLER
 FITTERS.  ALL  EXISTING CONTRACTORS SHALL FILE FOR A LICENSE PURSUANT TO
 THIS SECTION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE.
   § 759-L. LICENSURE: APPLICATION; INSURANCE; DISPLAY; DUPLICATES.    1.
 ONCE A REPRESENTATIVE RME MEETS THE PROVISIONS OF THIS ACT TO BE A QUAL-
 IFIER,  ANY BUSINESS ENTITY DESIRING A LICENSE TO ENGAGE IN THE BUSINESS
 OF LAYOUT, INSTALLING, INSPECTING, ALTERING, OR  MAINTAINING  OF  WATER-
 BASED  FIRE  PROTECTION SYSTEMS UNDER THIS ARTICLE, MAY MAKE AN APPLICA-
 TION 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
 THE RME'S 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 VALID FOR A PERIOD OF ONE YEAR.
   3.  NO LICENSE SHALL BE ASSIGNABLE OR TRANSFERABLE EXCEPT AS OTHERWISE
 PROVIDED BY THIS SECTION.
   4. IF A RME, WHO HAS MET THE REQUIREMENTS OF THIS ARTICLE,  CEASES  TO
 ACT  IN THE CAPACITY OF RME, THE LICENSE HOLDER SHALL NOTIFY THE DEPART-
 MENT IN WRITING WITHIN FIVE  BUSINESS  DAYS  FROM  SUCH  TERMINATION  OR
 CESSATION.  THE  LICENSE  HOLDER MAY CONTINUE TO CONDUCT THE BUSINESS OF

 S. 5804                            10
 
 LAYOUT,  INSTALLING,  REPAIRING,  INSPECTING,  TESTING,  OR  MAINTAINING
 WATER-BASED  FIRE  PROTECTION  SYSTEMS  FOR A PERIOD NOT TO EXCEED SIXTY
 DAYS FROM THE DATE OF SUCH TERMINATION OR CESSATION,  EXCEPT  THAT  SUCH
 PERIOD  MAY  BE EXTENDED UPON AN APPLICATION TO THE DEPARTMENT WITH GOOD
 CAUSE FOR AN ADDITIONAL PERIOD NOT TO EXCEED ONE HUNDRED TWENTY DAYS. BY
 THE END OF SUCH PERIOD A NEW RME MUST BE  DESIGNATED  WHO  HAS  MET  THE
 CERTIFICATION REQUIREMENTS OF THIS ARTICLE.
   5.  (A)  AS  A  PREREQUISITE  TO ISSUANCE OF A LICENSE, THE DEPARTMENT
 SHALL REQUIRE A BUSINESS ENTITY TO  SUBMIT  SATISFACTORY  EVIDENCE  THAT
 SUCH   BUSINESS   ENTITY   HAS  OBTAINED  APPROPRIATE  WATER-BASED  FIRE
 PROTECTION CONTRACTING COMMERCIAL GENERAL LIABILITY  INSURANCE,  SHOWING
 PROOF  OF  APPROPRIATE  COVERAGE  AMOUNTS FOR THE APPROPRIATE CONTRACTOR
 LEVEL BEING APPLIED FOR, WITH A  MINIMUM  OF  ONE  MILLION  DOLLARS  FOR
 CONTRACTOR  I,  CONTRACTOR  II,  AND CONTRACTOR III. SAID EVIDENCE 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 MINIMAL AMOUNT OF INSURANCE FOR  ALL  CONTRACTOR
 CLASSES.
   (B)  WATER-BASED  FIRE PROTECTION CONTRACTOR CERTIFICATES OF INSURANCE
 SHALL PROVIDE THAT SUCH INSURANCE SHALL  NOT  BE  MODIFIED,  THAT  THERE
 SHALL  BE  NO MATERIAL CHANGES IN COVERAGE OR ANY TERMINATION, NON-RENE-
 WAL, OR CANCELLATION UNLESS THIRTY DAYS' NOTICE IS GIVEN TO THE  DEPART-
 MENT.
   (C)  WATER-BASED  FIRE PROTECTION CONTRACTOR CERTIFICATES OF INSURANCE
 MUST INCLUDE THE POLICY NUMBER, DATE OF EXPIRATION, AND PHYSICAL ADDRESS
 OF EACH CONTRACTOR LOCATION. EACH  CONTRACTOR'S  OPERATION  OF  BUSINESS
 MUST BE NOTED IN THE DESCRIPTION PART OF SUCH CONTRACTOR'S CERTIFICATE.
   (D) THE "STATE OF NEW YORK" SHALL BE NAMED AS THE CERTIFICATE HOLDER.
   (E)  AN INSURER WHO FAILS TO SO NOTIFY THE DEPARTMENT SHALL BE SUBJECT
 TO THE PENALTIES PROVIDED WITHIN THIS ARTICLE.
   6. A LICENSE SHALL BE ISSUED UPON SATISFACTION OF THE REQUIREMENTS  OF
 THIS  SECTION. NO LICENSE SHALL REMAIN IN EFFECT IF, AFTER ISSUANCE, THE
 LICENSE HOLDER FAILS TO MAINTAIN INSURANCE  COVERAGE  REQUIRED  BY  THIS
 ARTICLE.
   7.  THE  DEPARTMENT  MAY,  AT ANY TIME SUBSEQUENT TO THE ISSUANCE OF A
 LICENSE OR RENEWAL, REQUIRE, UPON  DEMAND  AND  WITHIN  THIRTY  DAYS  OF
 NOTICE  OF SUCH 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 ARTICLE. FAILURE TO PROVIDE
 PROOF OF INSURANCE COVERAGE AS REQUIRED, FOR ANY LENGTH OF  TIME,  SHALL
 RESULT  IN THE IMMEDIATE SUSPENSION OF THE LICENSE UNTIL PROOF OF INSUR-
 ANCE IS PROVIDED TO, AND ACCEPTED BY, THE DEPARTMENT.
   8. A LICENSE ISSUED TO CONDUCT THE  BUSINESS  OF  LAYOUT,  INSTALLING,
 REPAIRING,  INSPECTING,  TESTING,  OR  MAINTAINING  OF  WATER-BASED FIRE
 PROTECTION SYSTEMS SHALL BE CONSPICUOUSLY POSTED UPON THE PREMISES WHERE
 THE LICENSE HOLDER IS ENGAGED IN SUCH BUSINESS  OF  LAYOUT,  INSTALLING,
 REPAIRING,  INSPECTING,  TESTING,  OR  MAINTAINING  OF  WATER-BASED FIRE
 PROTECTION SYSTEMS.
   9. UPON OBTAINING A LICENSE, ALL DOCUMENTS OR RECEIPTS ISSUED BY OR ON
 BEHALF OF A CONTRACTOR LICENSED PURSUANT TO THIS ARTICLE  SHALL  CONTAIN
 THE LICENSE IDENTIFICATION NUMBER ISSUED TO SUCH CONTRACTOR.
   10.  A  DUPLICATE  LICENSE  MAY  BE ISSUED FOR ONE LOST, DESTROYED, OR
 MUTILATED UPON AN APPLICATION FOR  SUCH  DUPLICATE  LICENSE  ON  A  FORM
 PRESCRIBED  BY  THE DEPARTMENT AND UPON PAYMENT OF THE FEE PRESCRIBED BY
 THIS ARTICLE. EACH SUCH DUPLICATE LICENSE SHALL HAVE  THE  WORD  "DUPLI-

 S. 5804                            11

 CATE"  CLEARLY STAMPED OR WATERMARKED ACROSS ITS FACE AND SHALL BEAR THE
 SAME NUMBER AS THE ORIGINAL LICENSE. ALL INFORMATION FROM  THE  ORIGINAL
 LICENSE SHALL BE TRANSPOSED IDENTICALLY.
   11.  NOTICE  IN  WRITING SHALL BE GIVEN TO THE DEPARTMENT BY A LICENSE
 HOLDER OF ANY CHANGE IN ADDRESS OF SUCH LICENSE HOLDER TOGETHER WITH THE
 RETURN OF SUCH HOLDER'S LICENSE, WHEREUPON A PROPERLY SIGNED ENDORSEMENT
 SHALL BE MADE ON THE FACE OF SUCH LICENSE AS TO SUCH  CHANGE,  AND  SUCH
 LICENSE SHALL THEN BE RETURNED TO THE LICENSE HOLDER.
   12.  EACH  LICENSE  TO  CONDUCT  THE  BUSINESS  OF LAYOUT, INSTALLING,
 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  SUCH  RME'S  DEATH.  SUCH  SIXTY-DAY  PERIOD MAY BE EXTENDED UPON AN
 APPLICATION TO THE DEPARTMENT AND FOR GOOD CAUSE SHOWN FOR AN ADDITIONAL
 PERIOD NOT TO EXCEED ONE HUNDRED TWENTY DAYS TOTAL.
   § 759-M. LICENSE RENEWALS AND RMES. THE  CONTRACTOR  SHALL  SUBMIT  AN
 APPLICATION  AND  FEES  FOR  LICENSE  RENEWAL  ALONG  WITH  ALL REQUIRED
 DOCUMENTATION INCLUDING RME QUALIFICATIONS TO THE DEPARTMENT.
   § 759-N. INSPECTION OF WATER-BASED FIRE PROTECTION SYSTEMS.  1.    THE
 DEPARTMENT AND OFPC SHALL HAVE THE RIGHT TO INSPECT ANY WATER-BASED FIRE
 PROTECTION  SYSTEM  DURING  AND  AFTER CONSTRUCTION TO DETERMINE WHETHER
 SUCH SYSTEM MEETS THE STANDARDS SET FORTH IN THE LAWS AND RULES  OF  THE
 STATE.  THIS DOES NOT DIMINISH THE CAPACITY AND DUTIES OF THE LOCAL CODE
 ENFORCEMENT OFFICE HAVING JURISDICTION.
   2. A BUILDING  OWNER  WHO  HAS  WATER-BASED  FIRE  PROTECTION  SYSTEMS
 INSTALLED  IN  PUBLIC  OR PRIVATE PROPERTIES, INCLUDING GROUP HOMES, BUT
 NOT INCLUDING PRIVATE ONE-FAMILY OR TWO-FAMILY DWELLINGS OR MANUFACTURED
 HOUSING, SHALL CAUSE SUCH BUILDING TO BE INSPECTED  IN  COMPLIANCE  WITH
 THE PROCEDURES SET FORTH IN NFPA 25 BY A STATE LICENSED WATER-BASED FIRE
 PROTECTION CONTRACTOR. THIS SECTION DOES NOT PROHIBIT GOVERNMENTAL ENTI-
 TIES  AND  CODE ENFORCEMENT OFFICIALS IN THE PERFORMANCE OF THEIR DUTIES
 FROM INSPECTING AND ENFORCING STATE UNIFORM FIRE PREVENTION AND BUILDING
 CODE AND LOCAL LAWS.
   3. A BUILDING OWNER SHALL  CAUSE  TO  BE  CORRECTED  ALL  DEFICIENCIES
 DISCOVERED DURING INSPECTION.
   4.  A  BUILDING  OWNER  OR  BUILDING OWNER'S AUTHORIZED REPRESENTATIVE
 SHALL CONTRACT WITH A STATE-LICENSED CONTRACTOR FOR SCHEDULED INSPECTION
 AND TESTING BEFORE ANY CERTIFICATE OF OCCUPANCY IS ISSUED. THE  INSPECT-
 ING  CONTRACTOR  SHALL  PROVIDE  TO  SUCH  BUILDING  OWNER A COPY OF THE
 INSPECTION REPORT DETAILING APPLICABLE STATE CODE REQUIREMENTS AND  NFPA
 25  STANDARD  INSPECTION, TESTING, AND MAINTENANCE CRITERIA. THE MAINTE-
 NANCE 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 CONNECTED THERETO. IT  IS  RECOGNIZED
 THAT  THE INSPECTING CONTRACTOR AND THE INSTALLING CONTRACTOR MAY OR MAY
 NOT BE ONE AND THE SAME. THE LIMIT OF LIABILITY OF  INSPECTING  CONTRAC-
 TORS  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, MORE THAN TEN YEARS AFTER SUBSTANTIAL COMPLETION OF A PROJECT.
   5. A BUILDING OWNER SHALL ENSURE THAT INSPECTIONS, TESTING, AND  MAIN-
 TENANCE  OF  WATER-BASED FIRE PROTECTION SYSTEMS FOR DETACHED ONE-FAMILY
 DWELLINGS, DETACHED TWO-FAMILY DWELLINGS, AND MANUFACTURED HOUSING, MEET
 THE STANDARDS SET FORTH IN NFPA 13D. GROUP HOMES SHALL BE SUBJECT TO THE
 STANDARDS SET FORTH IN NFPA 25 AND SHALL BE GOVERNED BY THIS ARTICLE.

 S. 5804                            12
 
   6. MAINTENANCE OF WATER-BASED  FIRE  PROTECTION  SYSTEMS  AS  WELL  AS
 CORRECTIVE  ACTIONS  ON  DEFICIENT  SYSTEMS IS THE RESPONSIBILITY OF THE
 OWNER  OF  THE  SYSTEM.    NOTWITHSTANDING  INSPECTION  CONTRACTS   WITH
 CONFLICTING  LANGUAGE,  THE  OWNER  OF  THE  WATER-BASED FIRE PROTECTION
 SYSTEM  SHALL  INDEMNIFY  AND  HOLD  HARMLESS  THE  OTHER  PARTY  TO THE
 CONTRACT, AND THEIR OFFICERS AND EMPLOYEES, FROM  LIABILITIES,  DAMAGES,
 LOSSES  AND  COSTS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S
 FEES, TO THE EXTENT CAUSED BY THE NEGLIGENCE,  RECKLESSNESS,  OR  INTEN-
 TIONAL FAILURE OF THE SYSTEM OWNER TO MAINTAIN OR TAKE CORRECTIVE ACTION
 TO MAINTAIN A WATER-BASED FIRE PROTECTION SYSTEM.
   7.  EFFECTIVE  THIRTY-SIX MONTHS FROM THE EFFECTIVE DATE OF THIS ARTI-
 CLE, THE DEPARTMENT SHALL REQUIRE NICET III INSPECTION  AND  TESTING  OF
 WATER-BASED FIRE PROTECTION SYSTEMS OR EQUIVALENT TRAINING AND EDUCATION
 AS  DETERMINED  BY  THE  DEPARTMENT  FOR  THE  RME  OR RMES QUALIFYING A
 CONTRACTOR II  AS  PROOF  THAT  THEY  ARE  KNOWLEDGEABLE  IN  NATIONALLY
 ACCEPTED  STANDARDS  FOR  THE  INSPECTION OF WATER-BASED FIRE PROTECTION
 SYSTEMS.
   8. IT IS THE RESPONSIBILITY OF THE CONTRACTOR II RME TO MAINTAIN NICET
 III INSPECTION  AND  TESTING  OF  WATER-BASED  FIRE  PROTECTION  SYSTEMS
 CERTIFICATION  OR  EQUIVALENT  CERTIFICATION  AS  A CONDITION OF LICENSE
 RENEWAL AFTER THIRTY-SIX MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE.
   9. NO JURISDICTION THROUGH LOCAL LAW OR CODE ENFORCEMENT OFFICE POLICY
 SHALL REQUIRE ANY FORMS OR DOCUMENTS  FOR  WATER-BASED  FIRE  PROTECTION
 SYSTEM  INSPECTIONS, TESTING, OR MAINTENANCE BEYOND WHAT IS IN THE SCOPE
 OF THE FIRE CODE OF THE STATE AND NFPA 25. ALL INSPECTION, TESTING,  AND
 MAINTENANCE  REPORTING  FORMS AND DOCUMENTATION REQUIRED SHALL COME FROM
 THE BUILDING OWNER OR SUCH OWNER'S LEGAL REPRESENTATIVE UNLESS LOCAL LAW
 REQUIRES OTHERWISE.
   10. BUILDING OWNERS OR SUCH OWNER'S LEGAL REPRESENTATIVES SHALL  CAUSE
 A  COPY  OF  ALL WATER-BASED FIRE PROTECTION SYSTEM INSPECTION, TESTING,
 AND MAINTENANCE FORMS FOR THEIR PROPERTIES TO BE FORWARDED TO THE APPRO-
 PRIATE CODE ENFORCEMENT  OFFICE  WITHIN  TEN  DAYS  OF  RECEIPT  OF  ANY
 INSPECTION OR TESTING FORM OR REPORT.
   11.  CODE  ENFORCEMENT  OFFICES  SHALL  REVIEW  ALL  WATER-BASED  FIRE
 PROTECTION INSPECTION, TESTING, AND MAINTENANCE FORMS AND DOCUMENTS  FOR
 SYSTEM  DEFICIENCIES THAT ARE NOTED AND SHALL DETERMINE TIME LIMITATIONS
 FOR CORRECTION OF SUCH DEFICIENCIES  NOTED  ON  FIRE  PROTECTION  SYSTEM
 INSPECTION  REPORTS WITH THE BUILDING OWNER OR SUCH OWNER'S LEGAL REPRE-
 SENTATIVE.
   § 759-O. FEES. 1. THE FEE FOR A LICENSE TO ENGAGE IN THE  BUSINESS  OF
 LAYOUT,  INSTALLING,  REPAIRING,  INSPECTING, TESTING, OR MAINTAINING 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 ON A LICENSE SHALL BE TEN
 DOLLARS.
   4. THE FEES SET FORTH IN THIS  SECTION  SHALL  BE  FOR  REGISTRATIONS,
 CERTIFICATES,  AND  LICENSES ISSUED FOR THE PERIOD OF TWO YEARS OR FRAC-
 TION OF SUCH PERIOD.
   § 759-P. SUSPENSION AND REVOCATION OF LICENSES. 1. A LICENSE TO ENGAGE
 IN THE BUSINESS OF LAYOUT, INSTALLING, REPAIRING,  INSPECTING,  TESTING,
 OR  MAINTAINING  OF WATER-BASED FIRE PROTECTION SYSTEMS MAY BE SUSPENDED
 OR REVOKED, OR IN LIEU THEREOF A FINE NOT EXCEEDING ONE THOUSAND DOLLARS

 S. 5804                            13
 
 PER VIOLATION PAYABLE TO THE DEPARTMENT MAY BE IMPOSED, OR A PENALTY MAY
 BE ISSUED BY THE DEPARTMENT OR BOARD, FOR ANY OF THE FOLLOWING CAUSES:
   (A) FRAUD OR BRIBERY IN SECURING A LICENSE;
   (B)  MAKING ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN AN APPLICA-
 TION 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 PURSUANT TO THIS ARTICLE;
   (F) CONVICTION OF A FELONY INVOLVING FRAUD, THEFT, PERJURY OR  BRIBERY
 OR ANY OTHER CAUSE WHICH WOULD PERMIT DISQUALIFICATIONS FROM RECEIVING A
 LICENSE UPON THE ORIGINAL APPLICATION;
   (G)  FAILURE TO SUPERVISE THE INSTALLATION OF A FIRE PROTECTION SYSTEM
 COVERED BY A BUILDING PERMIT SIGNED BY A RME;
   (H) A RME OR LICENSE HOLDER'S VIOLATION OF ANY PROVISION OF THIS ARTI-
 CLE OR ANY RULE OR REGULATION ADOPTED AND PROMULGATED PURSUANT  TO  THIS
 ARTICLE  OR THE FAILURE OR REFUSAL TO COMPLY WITH ANY NOTICE OR ORDER TO
 CORRECT A VIOLATION OR ANY CEASE AND DESIST ORDER;
   (I) IMPROPER LAYOUT, INSTALLING, REPAIRING,  INSPECTING,  TESTING,  OR
 MAINTAINING A WATER-BASED FIRE PROTECTION SYSTEM;
   (J)  HAVING  RENDERED INOPERATIVE A WATER-BASED FIRE PROTECTION SYSTEM
 EXCEPT DURING SUCH TIME  AS  THE  SYSTEM  IS  BEING  INSPECTED,  TESTED,
 REPAIRED, ALTERED, OR MAINTAINED, OR EXCEPT PURSUANT TO A COURT ORDER;
   (K)  WHILE HOLDING A CERTIFICATE OR LICENSE ALLOWING ANOTHER PERSON TO
 USE SUCH CERTIFICATE OR  LICENSE  NUMBER,  OR  USING  A  CERTIFICATE  OR
 LICENSE NUMBER OTHER THAN THE VALID CERTIFICATE OR LICENSE NUMBER;
   (L) FAILURE TO PROVIDE PROOF OF INSURANCE TO THE DEPARTMENT OR FAILURE
 TO MAINTAIN INSURANCE COVERAGE REQUIRED BY THIS ARTICLE; OR
   (M) LOSS OF A RME FOR MORE THAN ONE HUNDRED TWENTY CONSECUTIVE DAYS.
   2.  AN  ORDER OF SUSPENSION SHALL STATE THE LENGTH OF SUCH SUSPENSION,
 WHICH MAY NOT EXCEED TWO YEARS FROM THE DATE OF SUCH ORDER. SUCH  ORDERS
 SHALL  AFFECT  SUSPENSION  OR  REVOCATION OF A RME QUALIFIER OR LICENSES
 HELD BY A CONTRACTOR AND DURING SUCH PERIOD OF TIME NO LICENSE SHALL  BE
 ISSUED TO SUCH CONTRACTOR. DURING THE PERIOD OF SUSPENSION OR REVOCATION
 OF ANY LICENSE, THE FORMER LICENSE 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 BUSINESS ENTITY 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 BUSI-
 NESS ENTITY SO CHARGED, THE ORDER  OF  SUSPENSION  OR  REVOCATION  SHALL
 OPERATE  TO  SUSPEND  OR  REVOKE  SUCH NEW LICENSE HELD BY SUCH BUSINESS
 ENTITY.
   3. SO LONG AS A  REVOCATION  OR  SUSPENSION  REMAINS  IN  EFFECT,  THE
 DEPARTMENT  SHALL NOT GRANT ANY NEW LICENSE FOR THE ESTABLISHMENT OF ANY
 NEW BUSINESS ENTITY TO ANY PERSON, BUSINESS ENTITY,  OR  QUALIFIER  THAT
 HAS  OR  WILL  HAVE  THE SAME OR SIMILAR MANAGEMENT, OWNERSHIP, CONTROL,
 EMPLOYEES, OR LICENSE HOLDERS, OR WILL USE THE SAME OR SIMILAR  NAME  AS
 SUCH  PREVIOUSLY  REVOKED OR SUSPENDED BUSINESS ENTITY, PERSON, OR QUAL-
 IFIER. IN ADDITION, THE DEPARTMENT SHALL NOT ISSUE A NEW LICENSE  IF  IT
 FINDS  THAT  THE  CIRCUMSTANCES  FOR  WHICH  SUCH LICENSE WAS PREVIOUSLY
 REVOKED OR SUSPENDED STILL EXIST OR ARE LIKELY TO RECUR.
   4. WHENEVER A LICENSE TO ENGAGE IN THE BUSINESS OF LAYOUT, INSTALLING,
 INSPECTING, TESTING,  REPAIRING,  OR  MAINTAINING  OF  WATER-BASED  FIRE

 S. 5804                            14
 
 PROTECTION  SYSTEMS  IS REVOKED, SUCH LICENSE SHALL NOT BE REINSTATED OR
 REISSUED UNTIL 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 A BUSINESS ENTITY'S LICENSE MAY BE CONSIDERED BY THE
 DEPARTMENT AS JUST CAUSE FOR SUSPENSION OF SUCH LICENSE.
   6. THE LAPSE OR SUSPENSION OF A LICENSE BY  OPERATION  OF  LAW  OR  BY
 ORDER  OF  THE  DEPARTMENT OR A COURT OR THE VOLUNTARY SURRENDER OF SUCH
 LICENSE BY ITS LICENSE HOLDER DOES NOT DEPRIVE  THE  DEPARTMENT  OF  ITS
 AUTHORITY  TO INVESTIGATE OR ACT IN DISCIPLINARY PROCEEDINGS AGAINST THE
 LICENSE HOLDER.
   7.  A  CONTRACTOR  FILING  AN  APPLICATION  FOR  A  WATER-BASED   FIRE
 PROTECTION LICENSE FOLLOWING THE REVOCATION OF A PREVIOUS LICENSE IN ANY
 CATEGORY SHALL FOLLOW ALL PROCEDURES FOR OBTAINING A NEW LICENSE.
   § 759-Q. HEARING ON CHARGES; DECISION. NO CERTIFICATE OR LICENSE SHALL
 BE  SUSPENDED  OR REVOKED NOR SHALL ANY FINE OR PENALTY BE IMPOSED UNTIL
 AFTER A HEARING IS HELD 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 THE HEARING AND SET FORTH THE GROUND OR GROUNDS CONSTITUT-
 ING THE CHARGES AGAINST THE CERTIFICATE OR LICENSE HOLDER. SUCH  CERTIF-
 ICATE OR LICENSE HOLDER SHALL HAVE THE OPPORTUNITY TO BE HEARD EITHER IN
 PERSON OR BY COUNSEL AND MAY PRODUCE WITNESSES AND TESTIFY ON HIS OR HER
 OWN  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 INCLUDING HIS OR HER
 FINDINGS AND A  RECOMMENDATION  TO  THE  DEPARTMENT  FOR  DECISION.  THE
 DEPARTMENT  SHALL REVIEW SUCH FINDINGS AND RECOMMENDATION AND, AFTER DUE
 DELIBERATION, SHALL ISSUE AN ORDER ACCEPTING,  MODIFYING,  OR  REJECTING
 SUCH RECOMMENDATION AND DISMISSING THE CHARGES OR SUSPENDING OR REVOKING
 THE  CERTIFICATE  OR  LICENSE,  OR  IN  LIEU THEREOF, IMPOSING A FINE OR
 PENALTY UPON THE CERTIFICATE OR LICENSE HOLDER. FOR THE PURPOSES OF THIS
 ARTICLE, THE DEPARTMENT OR ANY OFFICER OR  EMPLOYEE  OF  THE  DEPARTMENT
 DESIGNATED  BY THE SECRETARY OF STATE, MAY ADMINISTER OATHS, TAKE TESTI-
 MONY, SUBPOENA WITNESSES, AND COMPEL THE PRODUCTION  OF  BOOKS,  PAPERS,
 RECORDS,  PHOTOGRAPHS,  AND DOCUMENTS DEEMED PERTINENT TO THE SUBJECT OF
 INVESTIGATION.
   § 759-R. 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 PENALTY UPON  THE  HOLDER  OF  SUCH  LICENSE  MAY  BE
 REVIEWED  IN A PROCEEDING BROUGHT UNDER AND PURSUANT TO ARTICLE SEVENTY-
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 759-S. VIOLATIONS AND PENALTIES. ANY PERSON OR BUSINESS  ENTITY  WHO
 DIRECTLY  OR  INDIRECTLY  ENGAGES IN THE BUSINESS OF LAYOUT, INSTALLING,
 REPAIRING,  INSPECTING,  TESTING,  OR   MAINTAINING   WATER-BASED   FIRE
 PROTECTION  SYSTEMS  OR HOLDS ONESELF OUT TO THE PUBLIC AS BEING ABLE TO
 PERFORM SUCH WORK AND IS WITHOUT A LICENSE, OR WHO SHALL VIOLATE ANY  OF
 THE  PROVISIONS  OF  THIS  ARTICLE, OR HAVING HAD A LICENSE SUSPENDED OR
 REVOKED, CONTINUES TO ENGAGE IN  THE  BUSINESS  OF  LAYOUT,  INSTALLING,
 REPAIRING,   INSPECTING,   TESTING,   OR  MAINTAINING  WATER-BASED  FIRE
 PROTECTION SYSTEMS OR WHO, WITHOUT A LICENSE TO ENGAGE IN  THE  BUSINESS
 OF  LAYOUT,  INSTALLING,  REPAIRING, INSPECTING, TESTING, OR MAINTAINING
 WATER-BASED FIRE PROTECTION SYSTEMS,  DIRECTLY  OR  INDIRECTLY  EMPLOYS,
 PERMITS OR AUTHORIZES AN UNCERTIFIED PERSON TO ENGAGE IN THE BUSINESS OF

 S. 5804                            15
 
 LAYOUT,  INSTALLING,  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
 BOTH UPON THE FIRST CONVICTION, AND BY IMPRISONMENT OF NOT MORE THAN ONE
 YEAR OR BY A FINE OF NOT LESS THAN ONE THOUSAND  DOLLARS  OR  MORE  THAN
 FIVE  THOUSAND  DOLLARS  OR  BOTH  UPON  A  SUBSEQUENT  CONVICTION. EACH
 VIOLATION OF THIS ARTICLE SHALL BE DEEMED A SEPARATE OFFENSE.
   § 759-T. OFFICIAL ACTS USED AS EVIDENCE.  THE  OFFICIAL  ACTS  OF  THE
 SECRETARY  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.
   § 759-U. DISPOSITION OF MONEYS DERIVED FROM OPERATION OF THIS ARTICLE.
 FEES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE PAID INTO THE APPROPRI-
 ATE 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 TREASURY TO THE CREDIT OF THE
 STATE PURPOSES ACCOUNT THEREIN.
   § 759-V. 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.
   § 759-W. APPLICABILITY. 1. THIS ARTICLE SHALL NOT APPLY TO WATER-BASED
 FIRE  PROTECTION  WORK  PERFORMED  UNDER  THE  JURISDICTION  OF THE FIVE
 BOROUGHS OF NEW YORK CITY, NASSAU COUNTY, OR SUFFOLK COUNTY. ANY MUNICI-
 PALITY OR LOCAL GOVERNMENT AGENCY LOCATED IN NEW YORK CITY, NASSAU COUN-
 TY, OR SUFFOLK COUNTY MAY  REQUIRE  OTHER  LICENSES  OR  EVIDENCE  OF  A
 PERSON'S  COMPETENCE TO LAYOUT, INSTALL, REPAIR, INSPECT, TEST, OR MAIN-
 TAIN ALL TYPES OF WATER-BASED FIRE PROTECTION  SYSTEMS  AND  COMPONENTS.
 NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO IMPLY THAT A HOLDER OF A
 NEW YORK CITY, NASSAU COUNTY, OR SUFFOLK COUNTY LICENSE SHALL  HAVE  ANY
 STANDING  OUTSIDE  THE  BOUNDARIES  OF  THE  JURISDICTION  ISSUING  SUCH
 LICENSE.
   2. THIS ARTICLE SHALL NOT APPLY TO:
   (A) A PERSON  WHO  PERFORMS  WATER-BASED  FIRE  PROTECTION  WORK  WITH
 RESPECT TO ANY ONE-FAMILY OR TWO-FAMILY DWELLING OWNED OR LEASED BY SUCH
 PERSON UNLESS OTHERWISE SPECIFIED;
   (B) A PERSON WHO, WHILE EMPLOYED BY A PUBLIC UTILITY OR ITS AFFILIATE,
 PERFORMS  WATER-BASED  FIRE  PROTECTION  WORK  IN  CONNECTION  WITH  THE
 FURNISHING OF SUCH PUBLIC UTILITY SERVICE;
   (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; OR
   (D)  UNDERGROUND  WATER  SUPPLY  FOR  FIRE  PROTECTION UP TO THE FLOOR
 FLANGE WHERE THE WATER-BASED FIRE PROTECTION SYSTEM ABOVE GROUND BEGINS.
   3. THIS ACT SHALL NOT BE HELD TO INVALIDATE ANY PROVISION OF THE  LAWS
 OF  THIS  STATE  OR  ANY  SUBDIVISION  THEREOF  UNLESS THERE IS A DIRECT

 S. 5804                            16
 
 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, REPAIRING, INSPECTING, TEST-
 ING, OR MAINTAINING OF WATER-BASED FIRE PROTECTION SYSTEMS, EXCEPT  WHEN
 THE  WATER-BASED FIRE PROTECTION CONTRACTOR BUSINESS IS LOCATED WITHIN A
 POLITICAL JURISDICTION. ANY JURISDICTION MAY  APPLY  BUSINESS  LICENSURE
 CRITERIA AND FEES CONSISTENT WITH OTHER BUSINESSES IN SUCH JURISDICTION.
   4.  NOTHING IN THIS ARTICLE SHALL LIMIT THE POWER OF A MUNICIPALITY OR
 COUNTY TO REGULATE THE  QUALITY  AND  CHARACTER  OF  WORK  PERFORMED  BY
 WATER-BASED  FIRE  PROTECTION  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 LAWS OR TO ENFORCE OTHER
 LOCAL LAWS FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY.
   5. NOTHING IN THIS ARTICLE SHALL LIMIT THE POWER OF A MUNICIPALITY  OR
 COUNTY  TO  ADOPT  ANY  SYSTEM  OF  PERMITS  REQUIRING SUBMISSION TO AND
 APPROVAL BY SUCH MUNICIPALITY OR COUNTY OF PLANS AND SPECIFICATIONS  FOR
 WORK  TO  BE  PERFORMED BY CONTRACTORS BEFORE COMMENCEMENT OF SUCH WORK,
 EXCEPT THAT NO MUNICIPALITY OR COUNTY SHALL REQUIRE A  WATER-BASED  FIRE
 PROTECTION  CONTRACTOR'S  SHOP  DRAWINGS  TO  BE  STAMPED OR SEALED BY A
 PROFESSIONAL ENGINEER OR REGISTERED ARCHITECT.
   6. ANY ELECTED OR APPOINTED OFFICIAL AUTHORIZED TO ISSUE  A  BUILDING,
 FIRE  PROTECTION,  OR  OTHER  RELATED PERMIT FOR A PROJECT THAT INCLUDES
 WATER-BASED FIRE PROTECTION SHALL ASCERTAIN THAT THE APPLICANT  CONTRAC-
 TOR  OR  SUBCONTRACTOR  IS  APPROPRIATELY  LICENSED  BEFORE ISSUING SUCH
 PERMIT. THE EVIDENCE SHALL CONSIST ONLY OF THE PRESENTATION TO THE OFFI-
 CIAL OF EVIDENCE OF THE CURRENT CONTRACTOR LICENSE  I  OR  III.  IF  THE
 WATER-BASED  FIRE  PROTECTION  CONTRACTOR IS NOT KNOWN AT TIME OF PERMIT
 REQUEST BY A GENERAL CONTRACTOR OR OTHER PARTY APPLYING FOR PERMIT,  THE
 REQUIRED INFORMATION ABOVE SHALL BE SUPPLIED BEFORE ANY WATER-BASED FIRE
 PROTECTION  WORK  COMMENCES.  ANY  PERMITS  FOR  THE LAYOUT, INSTALLING,
 REPAIRING, INSPECTING, TESTING, OR MAINTAINING  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.
   §  759-X.  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, REPAIRING, INSPECTING,  TESTING,  MAINTAIN-
 ING,  OR  DEMOLITION  OF A WATER-BASED FIRE PROTECTION SYSTEM BETWEEN AN
 OWNER OF REAL PROPERTY OR GENERAL CONTRACTOR AND  THE  WATER-BASED  FIRE
 PROTECTION  CONTRACTOR  WHEREIN  ANY PARTY 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 INDEMNIFICA-
 TION PROVIDED TO THE OWNER OF REAL PROPERTY BY ANY PARTY IN  PRIVITY  OF
 CONTRACT  WITH SUCH OWNER SHALL NOT BE LESS THAN ONE MILLION DOLLARS PER
 OCCURRENCE, UNLESS OTHERWISE  AGREED  BY  THE  PARTIES.  INDEMNIFICATION
 PROVISIONS  IN  ANY  SUCH  AGREEMENTS,  CONTRACTS, OR GUARANTEES MAY NOT
 REQUIRE THAT THE INDEMNITOR INDEMNIFY  THE  INDEMNITEE  FOR  DAMAGES  TO
 PERSONS  OR  PROPERTY CAUSED BY THE SOLE NEGLIGENCE OF ANOTHER PARTY, OR

 S. 5804                            17
 
 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, MATERIALSPERSON, 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 DOES NOT AFFECT ANY CONTRACTS, AGREEMENTS, OR GUARAN-
 TEES ENTERED INTO BEFORE THE EFFECTIVE DATE OF THIS ARTICLE BUT  AFFECTS
 RENEWALS  THEREOF WHEN SUCH RENEWAL TAKES PLACE AFTER THE EFFECTIVE DATE
 OF THIS ARTICLE.
   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 SUCH CONTRACTOR TAKES RESPONSIBILITY FOR
 SUCH DEFECT, REASONABLE TIME SHALL BE ALLOWED FOR SUCH CONTRACTOR OR HIS
 OR HER REPRESENTATIVE TO CORRECT SUCH DEFECT 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. AN OWNER HAS AN OBLIGATION TO INSTALL FIRE  PROTECTION  SYSTEMS  IN
 COMPLIANCE WITH ADOPTED FIRE PROTECTION SYSTEM STANDARDS.
   §  4. This act shall take effect one year after it shall have become a
 law, provided, however that the  provisions  of  section  759-k  of  the
 general  business law as added by section three of this act shall expire
 one year after the effective date of this act when upon  such  date  the
 provisions  of  such  section  shall be deemed repealed. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.