Bill 2501

                    Current Status

Bill Number:               2501
Ratification Number:       286
Act Number:                188
Introducing Body:          House
Subject:                        Maintenance of fire protection
                           sprinkler systems

(A188, R286, H2501)

AN ACT TO PROVIDE FOR THE REGULATION OF THE PLANNING, INSTALLATION, AND MAINTENANCE OF FIRE PROTECTION SPRINKLER SYSTEMS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Fire protection sprinkler systems act

SECTION 1. This act may be cited as the "Fire Protection Sprinkler

Systems Act".

Installation and maintenance

SECTION 2. The General Assembly finds it necessary to assure the people of South Carolina that fire protection sprinkler systems are being installed and maintained by persons or organizations that are duly licensed to engage in the planning, sale, installation, repair, alteration, addition, maintenance, or inspection of these systems by the South Carolina Licensing Board for Contractors.

Definition

SECTION 3. As used in this act:

(1) "Fire protection sprinkler contractor" means a person engaged in the planning, sale, installation, repair, alteration, addition, maintenance, or inspection of fire protection sprinkler systems or water spray systems but does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacity.

(2) "Licensed fire protection sprinkler contractor" means a fire protection sprinkler contractor who has qualified for and received a license from the South Carolina Licensing Board for Contractors.

(3) "Certificate holder" means an individual who has satisfactorily passed the NICET Level III Fire Sprinkler Technician's Written Competency Test.

(4) "NICET" means the National Institute for Certification in Engineering Technologies.

(5) "South Carolina Licensing Board for Contractors' license" means the license issued by the South Carolina Licensing Board for Contractors to a fire protection sprinkler contractor who has submitted (a) an application which is approved; (b) the fee; (c) proof of insurance in an amount and of the type required by this act; and (d) proof that the contractor has in its employ a certificate holder who is either a full-time owner, a partner, an officer, or in a management position. The license is issued in the name of the fire protection sprinkler contractor with the name of the certificate holder on the license.

(6) "Fire protection sprinkler system" means a system of overhead and underground piping to protect the interior or exterior of a building or structure from fire where the primary extinguishing agent is water and designed in accordance with fire protection

engineering standards. All fire protection systems must be installed according to applicable national standards including pamphlet No. 13 (1985) and pamphlet No. 14 (1984) of the National Fire Protection Association (N.F.P.A.), and all N.F.P.A. standards, and the Standard Building Code (1982). The system includes the overhead and underground water mains, fire hydrants and hydrant mains, standpipes and hose connection to sprinkler systems, supplied from a reliable, constant, and sufficient water supply, such as a gravity tank, fire pump, reservoir, or pressure tank, or connection by underground piping to a city main. The system is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. Fire protection sprinkler systems include the following types: wet-pipe systems, dry-pipe systems, preaction systems, residential systems, deluge systems, combined dry-pipe and preaction systems, nonfreeze systems, and circulating closed loop systems.

(7) "Water spray or water foam system" means a special fixed overhead and underground pipe system connected to a reliable source of fire protection water supply or foam supply equipped with spray nozzles for specific discharge and distribution over the surface or area to be protected. The piping system is connected to the water supply through an automatically or manually activated valve which initiates the flow of water. An automatic valve is activated by operation of automatic detection equipment, hydraulic, pneumatic, or electrically operated, normally installed in the same areas as the spray nozzles. The system is supplied from a reliable, constant, and sufficient water supply such as a gravity tank, fire pump, reservoir, or pressure tank or connection by underground to a city main. A water foam system includes an adequate reliable supply of foaming agent.

(8) "Person" means individual, partnership, corporation, association, or joint venture.

State fire marshal

SECTION 4. The State Fire Marshal shall enforce the provisions of this act pursuant to Section 23-9-40(c), Code of Laws of South Carolina, 1976. The State Fire Commission may promulgate regulations to carry out the provisions of this act.

Violations

SECTION 5. It is unlawful for any person to engage in the planning, sale, installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system, water spray, or water foam system in this State except in conformity with the provisions of this act.

Licensing

SECTION 6. Any person desiring to become a licensed fire protection sprinkler contractor shall submit to the South Carolina Licensing Board for Contractors on standard forms provided by the South Carolina Licensing Board for Contractors an application complete with all information required. The applicant shall include with the application a reasonable fee to be determined by the South Carolina Licensing Board for Contractors not to exceed five hundred dollars.

All fees associated with the NICET Level III Fire Sprinkler Technician's Written Competency Test are the responsibility of the fire protection sprinkler contractor.

If the applicant provides a sworn affidavit (complete with name, description, and location) from each of three professional engineers currently registered in the State to the effect that the applicant has satisfactorily supervised the sale, planning, and installation of at least one fire protection sprinkler system of more than two hundred sprinklers in size for each engineer and has been continuously licensed in South Carolina as a fire protection sprinkler contractor since January 30, 1982, the requirement that a certificate holder be in the employ of the contractor who is either a full-time owner, a partner, an officer, or in a management position with the fire protection sprinkler contractor is waived if the application is submitted prior to September 1, 1985.

Insurance

SECTION 7. The South Carolina Licensing Board for Contractors may not issue a license.unless the applicant provides proof that comprehensive liability insurance coverage has been obtained. The liability insurance policy shall provide coverage in an amount not less than one hundred thousand dollars and shall cover any loss to property or personal injury caused by the fire protection sprinkler contractor. The policy must be purchased from an insurer authorized to do business in this State.

Application fee

SECTION 8. If a completed application has been approved, the fee has been paid, proof of insurance provided, and the certificate holder found to be at present a full-time owner, partner, officer, or in a management position of the fire protection sprinkler contractor, the South Carolina Licensing Board for Contractors shall issue within thirty days a South Carolina Licensing Board for Contractors' license in the name of the fire protection sprinkler contractor with the name of the certificate holder noted thereon.

License limitations

SECTION 9. In no case is a certificate holder allowed to obtain a South Carolina Licensing Board for Contractors' license for more than one fire protection sprinkler contractor at a time. If the certificate holder leaves the employment of the fire protection sprinkler contractor, he must notify the South Carolina Licensing Board for Contractors within thirty days. The certificate holder is not eligible to obtain a South Carolina Licensing Board for Contractors' license for more than one other fire protection sprinkler contractor for a period of twelve months thereafter. If the certificate holder leaves the employment of the fire protection sprinkler contractor the contractor has six months to submit a new application on another certificate holder who is at present a full-time owner, partner, officer, or in a management position of the fire protection sprinkler contractor and be issued a new license. If the application is not received and a new license issued within the allotted time, the South Carolina Licensing Board for Contractors shall revoke the existing license of the fire protection sprinkler contractor.

Expiration

SECTION 10. The South Carolina Licensing Board for Contractors' license shall expire annually at midnight on July thirty-first. At least thirty days prior, the fire protection sprinkler contractor must submit a renewal application. A renewal fee of one hundred dollars must be submitted with the application. A revoked or expired license may be reinstated by making application as before and payment of the fee.

Local license

SECTION 11. If a fire protection sprinkler contractor desires to do business in any part of the State he is required to deliver to the local building official a copy of the South Carolina Licensing Board for Contractors' license. The local building official shall require a copy of the South Carolina Licensing Board for Contractors' license before issuing a local license or building permit. The licensed fire protection sprinkler contractor is required to pay any fees normally imposed for local licenses or permits but the local official shall impose no other requirements on the licensed fire protection sprinkler contractor to prove competency other than a valid South Carolina Licensing Board for Contractors' license.

Regulation

SECTION 12. Nothing in this act limits the power of a municipality, county, or the State to regulate the quality and character of work performed by contractors, through a system of permits, fees, and inspections which are designed to assure compliance with, and aid in the implementation of, state and local laws for the protection of the public health and safety. Nothing in this act limits the power of a municipality, county, or the State to adopt any system of permits requiring submission to and approval by the municipality, county, or the State, of plans and specifications for work to be performed by contractors before commencement of the work. The official authorized to issue building or other related permits shall ascertain that the fire protection sprinkler contractor is duly licensed by requiring evidence of a valid South Carolina Licensing Board for Contractors' license.

Application

SECTION 13. This act applies to any fire protection sprinkler contractor performing work for any municipality, county, or the State. Officials of any municipality, county, or the State are required to determine compliance with this act before awarding any contracts for the planning, sale, installation, repair, alteration, addition, or inspection of a fire protection sprinkler system, water spray, or water foam system. Bids must be accompanied by a copy of a valid South Carolina Licensing Board for Contractors' license.

Funds

SECTION 14. All funds collected pursuant to this act must be deposited in the State Treasury to the credit of the General Fund. The State Fire Marshal is authorized to expend monies from the State Fire Marshal's fund for the enforcement of this act. The State Fire Marshal may receive grants and donations from associations, firms, or individuals who are interested in improving the fire protection sprinkler industry by means of establishing adequate educational, training, and competency programs.

Violation

SECTION 15. Whenever the State Fire Marshal has reason to believe that any person is or has been violating any provision of this act he or his deputy or assistant may issue and deliver to the person an order to cease and desist such violation. Any person who fails to comply with any order under this section is guilty of a misdemeanor and may be punished as provided by law. In addition, the State Fire Marshal may impose a penalty, not to exceed two hundred fifty dollars, for each day the violation exists. Violation of any provision of this act or failure to comply with a cease and desist order is cause for revocation of the State Fire Marshal's certificate. Decisions may be appealed in the same manner as provided for in Section 23-9-70 of the 1976 Code.

Time effective

SECTION 16. This act shall take effect upon approval by the Governor.