Preview
1 TIMOTHY V. KASSOUNI, SBN 142907 FILEO/Ef^DORSEO
KASSOUNI LAW
2 455 Capitol Mall, Suite 604 SEP 2 7 2022
3 Sacramento, CA 95814
Telephone: (916) 930-0030 By:. E. Macdonald
4 Facsimile: (916)930-0033 Deputy Cler'(
E-Mail: Timothy@Kassounilaw.com
5
6 Attomeys for Plaintiffs
FIRE GUARD CORPORATION, BAHMAN BRIAN
7 SHAHANGIAN, and JUAN CARLOS DEL TORO TREJO
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
CITY AND COUNTY OF SACRAMENTO
10
o FIRE GUARD CORPORATION; Case No: 34-2019-00249221-CU-CR-GDS
o 11 BAHMAN BRIAN SHAHANGIAN, an
vo — \0 individual; and CALIFORNIA FIRE
> 4i in o
12 PROTECTION COALITION, a Califomia
< &0 O ^
Corporation; and JUAN CARLOS DEL DECLARATION OF BAHMAN BRIAN
13
= ^51 TORO TREJO, an individual, SHAHANGIAN IN SUPPORT OF
OPPOSITION TO DEFENDANTS'
O o o " 14
in .1= MOTION FOR SUMMARY
C/O, CL Plaintiffs,
15 ADJUDICATION
on ^
o
16 v.
Date: October 11,2022
.f2 17 CALIFORNIA DEPARTMENT OF Time: 1:30 p.m.
FORESTRY AND FIRE PROTECTION; Dept.: 53
18 CALIFORNIA OFFICE OF THE STATE Trial Date: December 5, 2022
FIRE MARSHAL; DENNIS MATHISEN, in
19 his official capacity as State Fire Marshal;
20 JEFFERY SCHWARTZ, in his official
capacity as Deputj' State Fire Marshall; and
21 and DOES 1-10, inclusive,
22 Defendants.
23
24
25
26
27
28
• I-
PLAINTIFFS' SEPARATE STATEMENT OF ADDITIONAL FACTS IN OPPOSITION
TO DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION
FILED BY FAX
b/' FJ\-3.-CrtyProc3ssS3rvice.cciT
1 1. BAHMAN BRIAN SHAHNGIAN, declare:
2 1.1 am a Plaintiff in this action. I am also the President of Plaintiff Fire Guard
3 Corporation (Fire Guard). Fire Guard is an active California Corporation, and I hold a valid C-16
4 (fire protection contractor) license with the Contractors State License Board (CSLB). It is
5 primarily engaged in the installa,tion, maintenance, and repair of commercial fire sprinkler
6 systems, and has pipefitter employees. I also hold valid CIO (electrical), C36 (plumbing), and B
7 (General Building Contractor) licenses with the CSLB. All of my business involves water-based
8 systems, and 80% involves commercial systems.
9 2. The C-16 license issued by CSLB allows the license holders to set up fire protection
m
o 10 companies, hire pipefittersand other staff, enter contracts for design and installation of
c
I
o ll automatic fire sprinkler systems, perform design and install the systems. All work performed
— o
00 —
12 under the C-16 license is the responsibility of the license holder and the license holder is liable
< =
z^ 13 for all designs and installations.
o •
1/3 2 ?• o<^ 14 3. I have been a C-16 license holder for over 35 years (since August 1987) and have
o
< Q.
o
«-> 15 been an active member of this industry, having completed thousands of projects of all types and
•"3-
16 sizes including high rises, hospitals, Metro stations, police stations, post offices, airport
17 terminals. Air Force and Navy bases, as well as more common projects such as apartment
18 buildings, warehouses, and shopping centers. During my career as a fire protection contractor, I
19 have employed hundreds of pipefitters' •
20 4. In the simplest terms, a pipefitter is an individual that installs the pipes and other
21 components of fue sprinkler systems in conunercial and residential buildings in accordance with
22 the approved plans prepared by the C-16 license holder or others who are qualified and licensed
23 to design fire spririkler systems.
24 5. Once a C-16 licensed contraclor secures a project, the license holder or a qualitied
25 designer will design die fire sprinkler system based on the architectural plan of the btiilding and all
26 applicable codes, perform the hydraulic calculations to determine the correct pipe sizes to provide
27 the necessary flow and pressure to meet the appropriate code requirernents for the building t>'pe and
28 the occupancy. The design layout and the hydraulic calculations are then submitted to the authority
Declaration of Brian Bahman Shahangian
1 havmg jurisdiction (AHJ) for their review and approval. The AHJ is generally either an engineering
2 department within a city or the fire prevention office of the fire department. The plans and the
3 calculations are thoroughly reviewed and commented on if necessar>', until the final plans and
4 calculations meet or exceed the National Fire Protection Association (NFPA) code requirements, as
5 v\e\\ as any added local requirements. Once it is determined that the plans meet all applicable codes,
6 the appropriate authorities approve die plans and sign off on them.
7 6. The approved plans are then used to perform the work and obtain inspections at every
8 stage of the work. The pipefitter's responsibility is to install the system in accordance with the
9 approved plans. Each stage of the work is inspected by AHJ to ensure adherence to the approved
o 10 plans. If for any reason a significant modification to the plan is necessary, the plans will have to
o
I
o 11 be revised and recalculated and go through the plan check and approval process before the
— VO
00 —
12 inspectors would inspect the installation. Therefore, it is not necessar>' to have knowledge of
SI
d •
13 design or hydraulic calculations to perform this work.
to 2 14 7. If a pipefitter has some experience reading plans, can count, perform simple math and
u o 15
cn ON can read a tape measure, he or she can safely follow the installation plans necessary to install fire
16 sprinkler systems. Proficiency is primarily gained by experience in the installation tasks in
17 different settings and situations with proper training and supervision, as well as the physical
18 ability to perform the work. I have never hired a pipefitter who lacks these fundamentals, nor
19 have I knovm of any instances where pipefitters have been hired by other C-16 contractors
20 without these fiandamentals.
21 8. In addition to C-16 licensed pipefitters and unlicensed pipefitters, a typical job-site
22 will also include "Helpers." Helpers perfonn rudimentary tasks under the direct supei-vision of
23 pipefitters, such as carrying materials, cutting pipe, or installing pipe hangers. Helpers can use
24 this experience to learn the trade and eventually transition into becoming pipefitters themselves.
25 9. Traditionally, the C-16 license holder that hires pipefitters utilizes them according to
26 their experience and expertise. There is no need to place a pipefitter with over twenty years of
27 experience and complete knowledge of all types of fire protection systems in a simple tenant
28 improvement project. Similarly, a pipefitter with a few years of experience that is not versed in
Declaration of Brian Bahman Shahangian
1 different systems is not put on a project that involves fire piunp, pre-action, deluge or other
2 similarly complex systems. The C-16 licensed contractor is ultimately responsible and liable for
3 all work performed under his or her license.
4 10. It is the responsibility of the C-l 6 license holder to utilize the different experience
5 levels and expertise of pipefitter employees appropriately. This has been the way business has
6 been conducted since the inception of the industry over a hundred years ago, and this model has
7 worked remarkably well as indicated by all statistics and studies, including the ones presented by
8 the Office of the State Fire Marshal (OFSM).
9 11. In late 2018,1 learned from secondhand sources that the OSFM had been given the
o 10 authority to regulate the industry and that it had drafted and obtained approval for new
o
f
o 11 regulations that would require a certification from every individual working in the industry;
a>
— VO
00 — 12 Previously, pipefitter employees could work in the industry without certification. This regulation
< =
Z CO
^ 13 requires all pipefitters to obtain this new certification. Even existing C-16 license holders are
U to.
2
14 required to obtain this additional certification, and that failure to do so renders the C-16 licerise
C1.
< S o
15 inoperative. I also learned that there was a six-month grandfather clause period that expired on
VO
16 12/31/2017, and that anyone that had a C-16 license or the required experience could have
o
17 obtained the certificate without taking any certification examination.
18 12. Having no notice of this grandfather clause, I and the pipefitters that work with me,
19 as well as multitude of other licensed and imlicensed pipefitters, lost the chance to obtain the
20 certificate without taking the new certification examination. I have also lost contracts as the
21 general contractor of projects required employee certification.
22 13. In my personal experience, die infrastructiire heeded to implement this regulation is
23 not in place and a uniform procedure has not been developed. The OSFM is not able to handle
24 applications ajid inquiries in a timely manner. Its process is slow, non-responsive, and
25 inconsistent when dealing with similar situations.
26 14. After the hurdle of the application process, if the application is approved the
27 pipefitters will face the English only examination. From my experience in the trade and as an
28 employer of many pipefitters over the years, many of the pipefitters in the industry do not speak
-_±
Declaration of Brian Bahman Shahangian
I English as their first language. Although they have enough knowledge of the language to
2 effectively communicate and be able to perform their duties as a pipefitter, they do not have the
3 command of the English language to the level necessary to take the examination required by the
4 regulations.
5 15. The examination is also overbroad, as it tests pipefitters' knowledge in areas that are
6 not within their dutj' or responsibility. For example, a pipefitter is not involved in design and
7 hydraulic calculations, yet the test includes such questions. The regulations require Uiat
8 pipefitters take an examination that: 1) tests proficiency in English, even though proficiency in
9 English is not required to be a pipefitter and is not reasonably related to their duties and
10 responsibilities. 2) tests proficiency in hydraulic calculation and design, even though pipefitters
o
o
11 do not, and lawfiilly cannot, engage in design or calculation pf the systems as part pf their job.
O
00 — 12
U-1 Ov
- 16. Based upon my personal research and experience in the industry of the state and
13
Z n, federally approved apprenticeship programs available in California, such programs are of limited
o 14
V3 2
E §
resources and staffing, sparse, impractical, and insufficient to qualify every applicant.
E.6 15
.'5
W2 ov I declare under penalty of perjury under the laws of the State of Califomia that the facts
vO
16
stated in this declaration are within my own personal knowledge and are true and con-ect. If
17
called upon to do so, I could competently testify to all matters stated herein. This declaration
18
was executed this 26th day of September 2022, at Los Angeles, California.
19
20
BAHMAN BftfAN^SHAHANGlAN
21
22
23
24
25
26
27
28
Declaration of Brian Bahman Shahangian
Preview
1 TIMOTHY V. KASSOUNI, SBN 142907 FILEO/Ef^DORSEO KASSOUNI LAW 2 455 Capitol Mall, Suite 604 SEP 2 7 2022 3 Sacramento, CA 95814 Telephone: (916) 930-0030 By:. E. Macdonald 4 Facsimile: (916)930-0033 Deputy Cler'( E-Mail: Timothy@Kassounilaw.com 5 6 Attomeys for Plaintiffs FIRE GUARD CORPORATION, BAHMAN BRIAN 7 SHAHANGIAN, and JUAN CARLOS DEL TORO TREJO 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 CITY AND COUNTY OF SACRAMENTO 10 o FIRE GUARD CORPORATION; Case No: 34-2019-00249221-CU-CR-GDS o 11 BAHMAN BRIAN SHAHANGIAN, an vo — \0 individual; and CALIFORNIA FIRE > 4i in o 12 PROTECTION COALITION, a Califomia < &0 O ^ Corporation; and JUAN CARLOS DEL DECLARATION OF BAHMAN BRIAN 13 = ^51 TORO TREJO, an individual, SHAHANGIAN IN SUPPORT OF OPPOSITION TO DEFENDANTS' O o o " 14 in .1= MOTION FOR SUMMARY C/O, CL Plaintiffs, 15 ADJUDICATION on ^ o 16 v. Date: October 11,2022 .f2 17 CALIFORNIA DEPARTMENT OF Time: 1:30 p.m. FORESTRY AND FIRE PROTECTION; Dept.: 53 18 CALIFORNIA OFFICE OF THE STATE Trial Date: December 5, 2022 FIRE MARSHAL; DENNIS MATHISEN, in 19 his official capacity as State Fire Marshal; 20 JEFFERY SCHWARTZ, in his official capacity as Deputj' State Fire Marshall; and 21 and DOES 1-10, inclusive, 22 Defendants. 23 24 25 26 27 28 • I- PLAINTIFFS' SEPARATE STATEMENT OF ADDITIONAL FACTS IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION FILED BY FAX b/' FJ\-3.-CrtyProc3ssS3rvice.cciT 1 1. BAHMAN BRIAN SHAHNGIAN, declare: 2 1.1 am a Plaintiff in this action. I am also the President of Plaintiff Fire Guard 3 Corporation (Fire Guard). Fire Guard is an active California Corporation, and I hold a valid C-16 4 (fire protection contractor) license with the Contractors State License Board (CSLB). It is 5 primarily engaged in the installa,tion, maintenance, and repair of commercial fire sprinkler 6 systems, and has pipefitter employees. I also hold valid CIO (electrical), C36 (plumbing), and B 7 (General Building Contractor) licenses with the CSLB. All of my business involves water-based 8 systems, and 80% involves commercial systems. 9 2. The C-16 license issued by CSLB allows the license holders to set up fire protection m o 10 companies, hire pipefittersand other staff, enter contracts for design and installation of c I o ll automatic fire sprinkler systems, perform design and install the systems. All work performed — o 00 — 12 under the C-16 license is the responsibility of the license holder and the license holder is liable < = z^ 13 for all designs and installations. o • 1/3 2 ?• o<^ 14 3. I have been a C-16 license holder for over 35 years (since August 1987) and have o < Q. o «-> 15 been an active member of this industry, having completed thousands of projects of all types and •"3- 16 sizes including high rises, hospitals, Metro stations, police stations, post offices, airport 17 terminals. Air Force and Navy bases, as well as more common projects such as apartment 18 buildings, warehouses, and shopping centers. During my career as a fire protection contractor, I 19 have employed hundreds of pipefitters' • 20 4. In the simplest terms, a pipefitter is an individual that installs the pipes and other 21 components of fue sprinkler systems in conunercial and residential buildings in accordance with 22 the approved plans prepared by the C-16 license holder or others who are qualified and licensed 23 to design fire spririkler systems. 24 5. Once a C-16 licensed contraclor secures a project, the license holder or a qualitied 25 designer will design die fire sprinkler system based on the architectural plan of the btiilding and all 26 applicable codes, perform the hydraulic calculations to determine the correct pipe sizes to provide 27 the necessary flow and pressure to meet the appropriate code requirernents for the building t>'pe and 28 the occupancy. The design layout and the hydraulic calculations are then submitted to the authority Declaration of Brian Bahman Shahangian 1 havmg jurisdiction (AHJ) for their review and approval. The AHJ is generally either an engineering 2 department within a city or the fire prevention office of the fire department. The plans and the 3 calculations are thoroughly reviewed and commented on if necessar>', until the final plans and 4 calculations meet or exceed the National Fire Protection Association (NFPA) code requirements, as 5 v\e\\ as any added local requirements. Once it is determined that the plans meet all applicable codes, 6 the appropriate authorities approve die plans and sign off on them. 7 6. The approved plans are then used to perform the work and obtain inspections at every 8 stage of the work. The pipefitter's responsibility is to install the system in accordance with the 9 approved plans. Each stage of the work is inspected by AHJ to ensure adherence to the approved o 10 plans. If for any reason a significant modification to the plan is necessary, the plans will have to o I o 11 be revised and recalculated and go through the plan check and approval process before the — VO 00 — 12 inspectors would inspect the installation. Therefore, it is not necessar>' to have knowledge of SI d • 13 design or hydraulic calculations to perform this work. to 2 14 7. If a pipefitter has some experience reading plans, can count, perform simple math and u o 15 cn ON can read a tape measure, he or she can safely follow the installation plans necessary to install fire 16 sprinkler systems. Proficiency is primarily gained by experience in the installation tasks in 17 different settings and situations with proper training and supervision, as well as the physical 18 ability to perform the work. I have never hired a pipefitter who lacks these fundamentals, nor 19 have I knovm of any instances where pipefitters have been hired by other C-16 contractors 20 without these fiandamentals. 21 8. In addition to C-16 licensed pipefitters and unlicensed pipefitters, a typical job-site 22 will also include "Helpers." Helpers perfonn rudimentary tasks under the direct supei-vision of 23 pipefitters, such as carrying materials, cutting pipe, or installing pipe hangers. Helpers can use 24 this experience to learn the trade and eventually transition into becoming pipefitters themselves. 25 9. Traditionally, the C-16 license holder that hires pipefitters utilizes them according to 26 their experience and expertise. There is no need to place a pipefitter with over twenty years of 27 experience and complete knowledge of all types of fire protection systems in a simple tenant 28 improvement project. Similarly, a pipefitter with a few years of experience that is not versed in Declaration of Brian Bahman Shahangian 1 different systems is not put on a project that involves fire piunp, pre-action, deluge or other 2 similarly complex systems. The C-16 licensed contractor is ultimately responsible and liable for 3 all work performed under his or her license. 4 10. It is the responsibility of the C-l 6 license holder to utilize the different experience 5 levels and expertise of pipefitter employees appropriately. This has been the way business has 6 been conducted since the inception of the industry over a hundred years ago, and this model has 7 worked remarkably well as indicated by all statistics and studies, including the ones presented by 8 the Office of the State Fire Marshal (OFSM). 9 11. In late 2018,1 learned from secondhand sources that the OSFM had been given the o 10 authority to regulate the industry and that it had drafted and obtained approval for new o f o 11 regulations that would require a certification from every individual working in the industry; a> — VO 00 — 12 Previously, pipefitter employees could work in the industry without certification. This regulation < = Z CO ^ 13 requires all pipefitters to obtain this new certification. Even existing C-16 license holders are U to. 2 14 required to obtain this additional certification, and that failure to do so renders the C-16 licerise C1. < S o 15 inoperative. I also learned that there was a six-month grandfather clause period that expired on VO 16 12/31/2017, and that anyone that had a C-16 license or the required experience could have o 17 obtained the certificate without taking any certification examination. 18 12. Having no notice of this grandfather clause, I and the pipefitters that work with me, 19 as well as multitude of other licensed and imlicensed pipefitters, lost the chance to obtain the 20 certificate without taking the new certification examination. I have also lost contracts as the 21 general contractor of projects required employee certification. 22 13. In my personal experience, die infrastructiire heeded to implement this regulation is 23 not in place and a uniform procedure has not been developed. The OSFM is not able to handle 24 applications ajid inquiries in a timely manner. Its process is slow, non-responsive, and 25 inconsistent when dealing with similar situations. 26 14. After the hurdle of the application process, if the application is approved the 27 pipefitters will face the English only examination. From my experience in the trade and as an 28 employer of many pipefitters over the years, many of the pipefitters in the industry do not speak -_± Declaration of Brian Bahman Shahangian I English as their first language. Although they have enough knowledge of the language to 2 effectively communicate and be able to perform their duties as a pipefitter, they do not have the 3 command of the English language to the level necessary to take the examination required by the 4 regulations. 5 15. The examination is also overbroad, as it tests pipefitters' knowledge in areas that are 6 not within their dutj' or responsibility. For example, a pipefitter is not involved in design and 7 hydraulic calculations, yet the test includes such questions. The regulations require Uiat 8 pipefitters take an examination that: 1) tests proficiency in English, even though proficiency in 9 English is not required to be a pipefitter and is not reasonably related to their duties and 10 responsibilities. 2) tests proficiency in hydraulic calculation and design, even though pipefitters o o 11 do not, and lawfiilly cannot, engage in design or calculation pf the systems as part pf their job. O 00 — 12 U-1 Ov - 16. Based upon my personal research and experience in the industry of the state and 13 Z n, federally approved apprenticeship programs available in California, such programs are of limited o 14 V3 2 E § resources and staffing, sparse, impractical, and insufficient to qualify every applicant. E.6 15 .'5 W2 ov I declare under penalty of perjury under the laws of the State of Califomia that the facts vO 16 stated in this declaration are within my own personal knowledge and are true and con-ect. If 17 called upon to do so, I could competently testify to all matters stated herein. This declaration 18 was executed this 26th day of September 2022, at Los Angeles, California. 19 20 BAHMAN BftfAN^SHAHANGlAN 21 22 23 24 25 26 27 28 Declaration of Brian Bahman Shahangian