Preview
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1 XAVIER BECERRA
Attomey General of Califomia
2 TRACY L . WINSOR 20ISFEB-[ AH 8:i»0
Supervising Deputy Attomey General •'UPEf^lOR GOUt^r OF r M ir,-,-!!,.,
3 ANDREA M. KENDRICK, State Bar No. 225688
COURTNEY S. COVINGTON, State Bar. No. 259723
4 Deputy Attomeys General
13001 Street, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916)210-7791
Fax: (916)327-2319
7 E-mail: Courtney.Covington@doj.ca.gov Exempt from filing fee under
Attorneys for Defendants Government Code section 6103
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO
11
12
FIRE GUARD CORPORATION; Case No. 34-2019-00249221
13 BAHMAN BRIAN SHAHANGIAN,'an
individual; and CALIFORNIA FIRE DECLARATION OF DANIEL BERLANT
14 PROTECTION COALITION, a California IN OPPOSITION TO PLAINTIFFS' E X
Corporation, PARTE APPLICATION FOR
15 TEMPORARY RESTRAINING ORDER
Plaintiffs,
16 Date: Febmary 1, 2019
Time: 9:00 a.m.
17 Dept: 53
Judge: Honorable David I. Brown
18 CALIFORNIA DEPARTMENT OF Trial Date: None set
FORESTRY AND FIRE PROTECTION; Action Filed: January 25, 2019
19 CALIFORNIA OFFICE OF THE STATE
FIRE MARSHAL; DENNIS MATHISEN, in
20 his official capacity as State Fire Marshal;
JEFFREY SCHWARTZ, in his official
21 capacity as Deputy State Fire Marshal; and
DOES 1 through 10, inclusive.
22
Defendants.
23
24
25 I, Daniel Berlant, declare:
26 1. I am currently employed by the Califomia Department of Forestry and Fire Protection
27 (CAL FIRE)/Office of the State Fire Marshal as its Assistant Deputy Director, Chief of Planning,
28 Risk Analysis, Fire Engineering & Investigations. I have personal knowledge of the information
1
Declaration of Daniel Berlant In Opposition to Ex Parte Application for TRO (34-2019-00249221)
1 set forth in this declaration, all of which is tme and correct of my own personal knowledge, and if
2 called upon to testify, I could and would competently testify thereto.
3 2. On Febmary 12, 2016, Notice of Proposed Rulemaking to Office of the State Fire
4 Marshal, Califomia Code of Regulations, Title 19, Division 1, Chapter 5.5 Automatic Fire
5 Extinguishing Systems Certification was published in the Califomia Regulatory Notice Register.
6 The Notice of Proposed Rulemaking included a Notice of Hearing scheduled for April 7, 2016,
7 inviting any interested person to present oral or written statements relevant to the proposed
8 mlemaking at the public hearing.
9 3. During the 45-day period from Febmary 12, 2016, through March 28, 2016, the
10 Office of the State Fire Marshal (Fire Marshal) accepted written comments regarding the
11 proposed mlemaking.
12 4. On April 7, 2016, a public hearing was held regarding the Proposed Rulemaking to
13 Office of the State Fire Marshal, Califomia Code of Regulations, Title 19, Division 1, Chapter 5.5
14 Automatic Fire Extinguishing Systems Certification [hereafter. Regulations]. The Fire Marshal
15 received 164 comments during this initial 45-day comment period and at the public hearing.
16 5. Following the first comment period and the April 7, 2016, public hearing, the Fire
17 Marshal revised the Regulations and made them available for an additional 15-day public
18 comment period. The second public comment period was July 27, 2016 through August 11,
19 2016. The Fire Marshal received 15 comments during this second comment period.
20 6. Following the second public comment period, the Fire Marshal further revised the
21 Regulations and Initial Statement of Reasons, and made them available for a third, 15-day, public
22 comment period. This final comment period was December 21, 2016 through January 5, 2017.
23 The Fire Marshal received 33 comments during the final comment period.
24 7. On March 24, 2017 the Office of Administrative Law approved the Regulations. The
25 Regulations became effective on July 1, 2017.
26 8. The Regulations provide for gradual implementation of certification requirements on
27 a rolling basis. Under the Regulations' implementation schedule, December 31,2017, was the
28 I deadline for joumeyman fire sprinkler fitters, fire sprinkler fitters already in possession of an
2
Declaration of Daniel Berlant In Opposition to Ex Parte Application for TRO (34-2019-00249221)
1 active C-16 license, or those employed by a holder of an active C-16 license, to meet the
2 minimum qualifications for certification under the Regulations without taking the certification
3 examination. (Cal. Code Regs., tit. 19, § 947, subd. (a)(1).) This six-month period from July 1,
4 2017 to December 31,2017, effectively provided a "grandfathering" opportunity for highly
5 experienced and qualified fire sprinkler fitters, including holders of active C-16 licenses, to
6 demonstrate compliance with the Regulations without taking an examination.
7 9. The second deadline under the Regulations' implementation schedule was July 1,
8 2018, after which certified sprinkler fitters were required to possess a certification card and at
9 least one sprinkler fitter certified under the Regulations was required on each job site. (Cal. Code
10 Regs., tit. 19, §947, subd. (c).)
11 10. The third and final deadline under the Regulations'implementation schedule was
12 January 1, 2019, after which all persons performing installation, alteration, or repair of water-
13 based fire protection systems are required to possess a certification or registration card under the
14 Regulations. (Cal. Code Regs., tit. 19, § 947, subd. (d).)
15 11. In addition to publication in the Califomia Regulatory Notice Register, the Fire
16 Marshal issued four Information Bulletins regarding the Regulations. On May 25, 2017, the Fire
17 Marshal issued Information Bulletin 17-002, "NEW Automatic Fire Extinguishing Systems
18 Certification (Water-Based Fire Protection) CCR, Title 19, Division 1, Chapter 5.5." Information
19 Bulletin 17-002 explained the requirements of the Regulations, the implementation period, and
20 that the Regulations would become effective on July 1, 2017. Information Bulletin 17-002 has
21 been posted on the official website for the Office of the State Fire Marshal since May 25, 2017,
22 and is currently posted there. A complete and accurate copy of Information Bulletin 17-002 is
23 attached as Exhibit s.
24 12. On January 4, 2018, the Fire Marshal issued Information Bulletin 18-001, "New
25 Automatic Fire Extinguishing Systems Certification Implementation Period and Timeline."
26 Informafion Bulletin 18-001 explained that the Regulations became effective July 1, 2017, and
27 again provided the implementation dates for the Regulations' certification requirements..
28 Information Bulletin 18-001 has been posted on the official website for the Office of the State
3
Declaration of Daniel Berlant In Opposition to Ex Parte Application for TRO (34-2019-00249221)
1 Fire Marshal since January 4, 2018, and is currently posted there. A complete and accurate copy
2 of Information Bullefin 18-001 is attached as Exhibit B.
3 13. On March 29, 2018, the Fire Marshal issued Information Bulletin 18-007 "Automatic
4 Fire Extinguishing Systems Fire Sprinkler Fitter Certification Implementation," which provided
5 information regarding the status of applications submitted during the Regulations'
6 implementation period and the certification renewal requirements. Information Bulletin 18-007
7 has been posted on the official website for the Office ofthe State Fire Marshal since March 29,
8 2018, and is currently posted. A complete and accurate copy of Information Bulletin 18-007 is
9 attached as Exhibit C.
10 14. On December 28,2018, the Fire Marshal issued Information Bulletin 18-014, "2019
11 Fire Sprinkler Fitter Certification." Information Bulletin 18-014 explained that beginning on
12 January 1, 2019, any person who installs, alters, or repairs water-based fire protection systems in
13 a multi-family or commercial building is required to possess a certification or registration card,
14 pursuant to the Regulations. Information Bulletin 18-014 has been posted on the official website
15 for the Office of the State Fire Marshal since December 28, 2018, and is currentiy posted. A
16 complete and accurate copy of Information Bulletin 18-014 is attached as Exhibit D.
17 15. The Contractors State License Board provided the Fire Marshal with a list of all C-16
18 license holders, including Plaintiff Fire Guard Corporation. The Fire Marshal sent the address list
19 with notice of the 2016 public comment period to the Office of the State Printer for mailing.
20 16. The Fire Marshal also sent a copy of Information Bulletin 17-002 to all C-16 license
21 holders using the process described above.
22 17. The Fire Marshal conducted outreach presentations to numerous agencies and trade
23 organizations, including without limitation, the American Fire Sprinkler Association and the Fire
24 Prevention Officers Association.
25 18. Materials related to the proposed mlemaking were posted on the Fire Marshal's Code
26 Development website throughout the process of promulgating the regulations. After approval, the
27 approved regulations and Final Statement of Reasons were posted on the Fire Marshal's Code
28 Development website.
4
Declaration of Daniel Berlant In Opposition to Ex Parte Application for TRO (34-2019-00249221)
1 I declare under penalty of perjury under the laws of the State of Califomia that the
2 foregoing is tme and correct, and that this declaration was executed on January 31,2019, at
3 Sacramento, Califomia.
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5 Daniel Berlant
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Declaration of Daniel Berlant in Opposition to Ex Parte Application for TRO (34-2019-00249221)
EXHIBIT A
CAL FIRE - Office of the State Fire iViarshal
information Bulletin 17- 002
Issued: May 25, 2017
NEW Automatic Fire Extinguishing Systems Certification
(Water-Based Fire Protection)
CCR, Title 19, Division 1, Chapter 5.5
Following the passage of Assembly Bill 433 in 2013 new regulations will go Into effect
July 1, 2017 requiring Automatic Fire Extinguishing Systems (AES) Sprinkler Pipefitters
to be certified by the CAL FIRE - Office ofthe State Fire Marshal (CAL FIRE - OSFM).
The new regulations will require anyone who installs or repairs water-based fire
protection systems to possess the necessary skills and qualifications to safely and
properly install the system so that it will be operable in its time of need.
The new law added Section 13110 to the Health and Safety Code which authorized the
State Fire Marshal to propose, adopt, and administer the regulations he/she deems
necessary to ensure fire safety in buildings and structures within this state. Regulations
were developed with the help of a workgroup consisting of representatives from
industry, labor, enforcing agencies, and CAL FIRE - OSFM staff.
Work Covered
Work consisting of the installation, alteration or repair of all water-based fire
protection systems including: wet, dry, pre-action, and deluge sprinkler
systems, small hose connections, standpipe systems, private fire service
mains and their appurtenances, hydrants and monitor nozzles, water spray
systems, foam water systems, fire pumps, water storage tanks, low, medium,
and high expansion foam systems, and water mist systems.
Includes all occupancies required to have a fire sprinkler system, or those
voluntarily installed fire sprinkler systems, except one- and two-family
dwellings.
Page 1 of 3
information Bulletin 17- 002 (Continued)
Work Excluded
One and two-family residential sprinkler systems.
Installation, alteration or repair of underground water supply lines from the
• connection of the water supply to the first joint, or mechanical connection at
the base of the system riser.
Installation of pre-engineered water-based fixed extinguishing systems.
Implementation Period
December 31, 2017 - Deadline for Journeyman Fire Sprinkler Fitters (Legacy
Applicants Only), those who possess an active C-16, or those employed by a
C-16 who meet the minimum qualifications to certify without taking the
certification examination.
July 1, 2018 - Certification card required for fitters; requires at least one
certified fitter per job site.
January 1, 2019 - All fitters shall possess a certification card, all trainees and
apprentices shall possess a registration card.
Fire Sprinkler Fitter Certification
Prior to January 1, 2018:
Be at least 16 years old.
Journeyman Fire Sprinkler Fitter, active C-16' holder, or those who meet the
minimum qualifications below:
o Commercial - 7,000 hours and five years verified work experience,
o Multi-family residential - 3,500 hours and two years verified work
experience.
File a Fire Sprinkler Fitter Certification Application (AES 1005) and pay the
$150 application fee.
After January 1, 2018:
Be at least 16 years old.
Active C-16 holder or have successfully completed a California State or
federally-approved Fire Sprinkler Fitter Apprenticeship Program.
File a Fire Sprinkler Fitter Certification Application (AES 1005) and pay the
$150 application fee.
Pass written certification examination. This exam is conducted by a third-party
CAL FIRE - OSFM contractor which has an additional examination fee.
Fire Sprinkler Fitter Apprentice Registration
Be at least 16 years old.
Registered in a State of California or federally-approved Fire Sprinkler Fitter
Apprenticeship Program.
Proof of employment by a licensed C-16.
Work under the direct supervision of a Certified Fire Sprinkler Fitter.
Page 2 of 3
Information Bulletin 17- 002 (Continued)
File an Apprentice/Trainee Registration Application (AES 1005A) and pay the
$150 application fee.
Fire Sprinkler Fitter Trainee Registration
A person not registered in a State of California or federally-approved Fire
Sprinkler Fitter Apprenticeship Program shall be registered as a trainee and
may work as a trainee for up to one year.
Be at least 16 years old.
Proof of employment by a licensed C-16.
Work under the direct supervision of a Certified Fire Sprinkler Fitter.
Be registered in a State of California or federally-approved Fire Sprinkler
Fitter Apprenticeship Program within one year of their date of hire.
File an Apprentice/Trainee Registration Application (AES 1005A) and pay the
$150 application fee.
Employer Responsibilities
Ensure all fire sprinkler fitters, apprentices, and trainees under their
employment are certified or registered.
Must notify CAL FIRE - OSFM in writing within 72 hours from the date of hire
of an employee's status as a trainee, apprentice or certified fire sprinkler fitter.
Continuing Education
Certified Fire Sprinkler Fitter shall complete three units of American National
Standards Institute/International Association of Continuing Education and
Training (ANSI/IACET) accredited continuing education within a three-year
period. This requirement is verified by CAL FIRE - OSFM every three years at
time of renewal.
If proof of completion is not received at time of renewal on the third year of
the three-year period, the Certified Fire Sprinkler Fitter shall be required to re-
apply as a new applicant, pay all associated fees, and pass a written
examination.
Applications are available on the CAL FIRE - OSFM's website
(http://osfm.fire.ca.gov/strucfireengineer/strucfireengineer_aes), and are currently being
accepted for filing. Please note, certification and registration cards will not be issued
until the regulations are effective on July 1, 2017.
For additional information regarding the approved AES Certification regulations, please
visit our Code Development website below under PRIOR RULEMAKING ACTIVITIES:
http://osfm.fire.ca.qov/codedevelopment/codedevelopment titlelQdevelopment
For questions, please contact CAL FIRE - OSFM at the e-mail: AES(gfire.ca.gov
» Page 3 of 3
EXHIBIT B
CAL FIRE - Office ofthe State Fire Harshai
lation Bulletin 1B-00f
Issued: January 4, 2018
iflATIC FIRE EXTIMGUiSHING SYSTEI iS CERTIFICATI^
IMPLEMENTATION PERIOD AND Tift lELINE.
On July 1, 2017, the Automatic Extinguishing Systems (AES) Sprinkler Fitter
Certification regulations becarne effective. The regulations require all individual
Sprinkler Fitters, Apprentices, and Trainees on jobsites who install, alter, and/or repair
water-based fire protection systems to either be certified as a Sprinkler Fitter or
registered as an Apprentice or Trainee. To avoid delays and work stoppages, the
Certification Program will be phased in over an 18-month "Implementation Period."
Below are important Implementation Period dates and deadlines to keep in mind:
July 1, 2017 - Regulations became effective. No certification cards for Sprinkler Fitters
are required until July 1, 2018. No registration cards are required for Apprentices and
Trainees until January 1, 2019.
December 31, 2017 - Deadline for Journeyman Fire Sprinkler Fitters, those who
possess an active C-16, or those employed by a C-16 who meet the minimum
qualifications to obtain certification without taking an examination.
July 1, 2018 - At least one certified Sprinkler Fitter will be required per job site.
January 1, 2019 - All Sprinkler Fitters shall possess a certification card and ali
Apprentices and Trainees shall possess a registration card.
Page 1 of 2
informatioo Bulletin 18-001 (Continued)
l u , 12017 y j g g j ^ n —^ r l ! - V j r ' - JSNWgfe^-
For additional infomnation please see the OSFM's Information Bulletin 17-^002 and
Sprinkler Fitter Certification Final Text of Regulations/Express Terms.
For applications, please visit CAL FIRE - Office of the State Fire Marshal's AES
Webpage.
For questions, please contact the CAL FIRE - Office of the State Fire Marshal at the e-
mail: AES@fire.ca.gov.
Page 2 of 2
EXHIBIT C
CAL FIRE - Office of the State Fire Marshal
iriformation Byiietin 18-007 •
Issued: March 29, 2018
.AUTOWATIC FIRE •EXTINGUISHING SYSTEMS
FIRE SPRINKLER. FITTER CERTIFICATION'IMPLEMENTATION
As the Office completes its review of applications submitted under the "Implementation
Period", those approved applicants will soon receive their Certification Cards with a July
2018-June 2019 validation sficker. The fee paid during the implementation period
covered the processing of the application and the first-year certificafion.
These individuals wiii be required to renew their certifications by May 1, 2019 and yearly
after that as stated in Title 19, California Code if Regulations, Section 944(a),
"The riotice of renewal for a Trainee Registration,
Apprentice Registration, or Fitter Certification sttali be
1 '^^v^O, v^SSW**" returned on or before May 1st of the year in which the
current certification or registration expires, if the notice
of renewal is not received by May 1st, a late fee shall
be charged as prescribed in Section 925.1. Renewals
shall be made in writing on the notice provided by the
Office ofthe State Fire Marshal and shall be signed and
accompanied by the fees prescribed in Section 925.1."
Notice of Renewal will be sent by CAL FIRE - Office of the State Fire Marshal annually
on or around March 1 ^ every year.
Please contact the Fire Engineering & Investigations division ifyou have any further
quesfions at AES@fire.ca.gov.
For more informafion please visit our'website http://osfm.ftre.ca.ctov Page 1 of 1
EXHIBIT D
CAL FIRE - Office ofthe State Fire IVIarshaf
Information Bulletin 18-014
issued: December 28, 2018
2019 FIRE SPRINKLER FITTER CERTIFICATION
As part ofthe implementafion ofthe new Fire Sprinkler Fitter Certificafion Program,
effective January 1, 2019 any person who installs, alters, or repairs water-based fire
protecfion systems in a mulfi-family or commercial building is required to possess a
certificafion card from CAL FIRE-Office of the State Fire Marshal (OSFM). All
Apprenfices and Trainees shall possess a registrafion card as shown below.
Sample Certification Card
AUTOMATIC EXTINGUISHING SVBTBMS Typo: Sprtnklffr Fitter Ejiptros: June Slfth
Ucense N u m b e r A5477
BEAR, SMOKEY SAMPLE
ITtts caid iuued by CAL PIRE Ofllca of Ihe Stele
D.O.B. OaTO/IMJ Fire Marshal la for UentiDcalion purposss ordy ond
Shall not be used lor advarllslng. State Fire Marshal OSFM
SAMPLE recommertdstion is NOT given or implied.
Reflective
Eyes: BROWN Weight: 400
Hair: BROWN Height: 8'2"
IF FOUND, RETURN TO:
CAL FIRE Ofllce ot the Stale FtreY^rBhal Sticker
AGn: t=*o EngineenngJAES
The bearer, whose pnoto and sigrralurc opacars Z251 HwvOTd Stnscl. Sw!)g *00
hereon is authorized to perform as a Spnnhler Fitter SactaniDrtlo, CA. 95816
within Uie limits set forth on the reverse.
Sample Sprinkler Fitter card. Sample back of card.
Addifionally, the back of the certification card will have a reflective sficker indicting the
year and certification type. The 2018-2019 Mulfi-Family Residenfial Certificafion card
holder will receive a white sficker and the 2018-2019 Commercial Certificafion and
Apprenfices/Trainee card holders will receive a yellow sficker.
Sample Certification Stickers
STATE STATE
|MSHAL FIREMARSHAL
pill Y 001600
Sample Commercial Sticker Sample Multi-Family Residential Sticker
Over 5,000 Fire Sprinkler Fitter Certificafion and registrafion cards have been issued. In
addifion, some fitters have been issued a letter from the OSFM acfing as a temporary
certificate. These temporary letters are issued in lieu of cards, and can be verified at
any fime by contacfing the OSFM.
Page 1 of 2
information Bulletin 18-014 (Continued)
Enforcement
In California Code of Regulafions Tifie 19, Chapter 5.5, Article 4 details the enforcement
ofthe Fire Sprinkler Fitter Certificafion Program. The State Fire Marshal, their designee,
and the Authority Having Jurisdicfion (AHJ) are authorized to inspect project worksites
where work on fire protection systems is being performed to ensure that persons
performing the work possess valid certificafions or registrafions as required by this
Chapter. All workers are required to provide proof of applicable certification or
registration card. Sections 928 through 933 lay out the penalties and corrective actions
for violafing these regulations.
Resources
For all regulatory requirements for Fire Sprinkler Fitter Certificafion, please go to the
following link:
http://osfm.fire.ca.gov/strucfireengineer/pdf/aes/aeslawsreqs(rev2017).pdf
Addifional informafion about the Prograrfi can be found in the 2017 Informafion Bullefin:
http://osfm.fire.'ca.qov/informationbulletin/pdf/2017/IB AESCert final 05 25 17.pdf
2018 Information Bullefin: http://osfm.fire.ca.qov/informationbulletin/pdf/2018/2018-
001%20-%20IB%20%20AES%20SF%20lmplementation%20Period.pdf,
Any further questions, please contact us via email at AES@fire.ca.gov.
Page 2 of 2
Preview
Fll 1 XAVIER BECERRA Attomey General of Califomia 2 TRACY L . WINSOR 20ISFEB-[ AH 8:i»0 Supervising Deputy Attomey General •'UPEf^lOR GOUt^r OF r M ir,-,-!!,., 3 ANDREA M. KENDRICK, State Bar No. 225688 COURTNEY S. COVINGTON, State Bar. No. 259723 4 Deputy Attomeys General 13001 Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916)210-7791 Fax: (916)327-2319 7 E-mail: Courtney.Covington@doj.ca.gov Exempt from filing fee under Attorneys for Defendants Government Code section 6103 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 FIRE GUARD CORPORATION; Case No. 34-2019-00249221 13 BAHMAN BRIAN SHAHANGIAN,'an individual; and CALIFORNIA FIRE DECLARATION OF DANIEL BERLANT 14 PROTECTION COALITION, a California IN OPPOSITION TO PLAINTIFFS' E X Corporation, PARTE APPLICATION FOR 15 TEMPORARY RESTRAINING ORDER Plaintiffs, 16 Date: Febmary 1, 2019 Time: 9:00 a.m. 17 Dept: 53 Judge: Honorable David I. Brown 18 CALIFORNIA DEPARTMENT OF Trial Date: None set FORESTRY AND FIRE PROTECTION; Action Filed: January 25, 2019 19 CALIFORNIA OFFICE OF THE STATE FIRE MARSHAL; DENNIS MATHISEN, in 20 his official capacity as State Fire Marshal; JEFFREY SCHWARTZ, in his official 21 capacity as Deputy State Fire Marshal; and DOES 1 through 10, inclusive. 22 Defendants. 23 24 25 I, Daniel Berlant, declare: 26 1. I am currently employed by the Califomia Department of Forestry and Fire Protection 27 (CAL FIRE)/Office of the State Fire Marshal as its Assistant Deputy Director, Chief of Planning, 28 Risk Analysis, Fire Engineering & Investigations. I have personal knowledge of the information 1 Declaration of Daniel Berlant In Opposition to Ex Parte Application for TRO (34-2019-00249221) 1 set forth in this declaration, all of which is tme and correct of my own personal knowledge, and if 2 called upon to testify, I could and would competently testify thereto. 3 2. On Febmary 12, 2016, Notice of Proposed Rulemaking to Office of the State Fire 4 Marshal, Califomia Code of Regulations, Title 19, Division 1, Chapter 5.5 Automatic Fire 5 Extinguishing Systems Certification was published in the Califomia Regulatory Notice Register. 6 The Notice of Proposed Rulemaking included a Notice of Hearing scheduled for April 7, 2016, 7 inviting any interested person to present oral or written statements relevant to the proposed 8 mlemaking at the public hearing. 9 3. During the 45-day period from Febmary 12, 2016, through March 28, 2016, the 10 Office of the State Fire Marshal (Fire Marshal) accepted written comments regarding the 11 proposed mlemaking. 12 4. On April 7, 2016, a public hearing was held regarding the Proposed Rulemaking to 13 Office of the State Fire Marshal, Califomia Code of Regulations, Title 19, Division 1, Chapter 5.5 14 Automatic Fire Extinguishing Systems Certification [hereafter. Regulations]. The Fire Marshal 15 received 164 comments during this initial 45-day comment period and at the public hearing. 16 5. Following the first comment period and the April 7, 2016, public hearing, the Fire 17 Marshal revised the Regulations and made them available for an additional 15-day public 18 comment period. The second public comment period was July 27, 2016 through August 11, 19 2016. The Fire Marshal received 15 comments during this second comment period. 20 6. Following the second public comment period, the Fire Marshal further revised the 21 Regulations and Initial Statement of Reasons, and made them available for a third, 15-day, public 22 comment period. This final comment period was December 21, 2016 through January 5, 2017. 23 The Fire Marshal received 33 comments during the final comment period. 24 7. On March 24, 2017 the Office of Administrative Law approved the Regulations. The 25 Regulations became effective on July 1, 2017. 26 8. The Regulations provide for gradual implementation of certification requirements on 27 a rolling basis. Under the Regulations' implementation schedule, December 31,2017, was the 28 I deadline for joumeyman fire sprinkler fitters, fire sprinkler fitters already in possession of an 2 Declaration of Daniel Berlant In Opposition to Ex Parte Application for TRO (34-2019-00249221) 1 active C-16 license, or those employed by a holder of an active C-16 license, to meet the 2 minimum qualifications for certification under the Regulations without taking the certification 3 examination. (Cal. Code Regs., tit. 19, § 947, subd. (a)(1).) This six-month period from July 1, 4 2017 to December 31,2017, effectively provided a "grandfathering" opportunity for highly 5 experienced and qualified fire sprinkler fitters, including holders of active C-16 licenses, to 6 demonstrate compliance with the Regulations without taking an examination. 7 9. The second deadline under the Regulations' implementation schedule was July 1, 8 2018, after which certified sprinkler fitters were required to possess a certification card and at 9 least one sprinkler fitter certified under the Regulations was required on each job site. (Cal. Code 10 Regs., tit. 19, §947, subd. (c).) 11 10. The third and final deadline under the Regulations'implementation schedule was 12 January 1, 2019, after which all persons performing installation, alteration, or repair of water- 13 based fire protection systems are required to possess a certification or registration card under the 14 Regulations. (Cal. Code Regs., tit. 19, § 947, subd. (d).) 15 11. In addition to publication in the Califomia Regulatory Notice Register, the Fire 16 Marshal issued four Information Bulletins regarding the Regulations. On May 25, 2017, the Fire 17 Marshal issued Information Bulletin 17-002, "NEW Automatic Fire Extinguishing Systems 18 Certification (Water-Based Fire Protection) CCR, Title 19, Division 1, Chapter 5.5." Information 19 Bulletin 17-002 explained the requirements of the Regulations, the implementation period, and 20 that the Regulations would become effective on July 1, 2017. Information Bulletin 17-002 has 21 been posted on the official website for the Office of the State Fire Marshal since May 25, 2017, 22 and is currently posted there. A complete and accurate copy of Information Bulletin 17-002 is 23 attached as Exhibit s. 24 12. On January 4, 2018, the Fire Marshal issued Information Bulletin 18-001, "New 25 Automatic Fire Extinguishing Systems Certification Implementation Period and Timeline." 26 Informafion Bulletin 18-001 explained that the Regulations became effective July 1, 2017, and 27 again provided the implementation dates for the Regulations' certification requirements.. 28 Information Bulletin 18-001 has been posted on the official website for the Office of the State 3 Declaration of Daniel Berlant In Opposition to Ex Parte Application for TRO (34-2019-00249221) 1 Fire Marshal since January 4, 2018, and is currently posted there. A complete and accurate copy 2 of Information Bullefin 18-001 is attached as Exhibit B. 3 13. On March 29, 2018, the Fire Marshal issued Information Bulletin 18-007 "Automatic 4 Fire Extinguishing Systems Fire Sprinkler Fitter Certification Implementation," which provided 5 information regarding the status of applications submitted during the Regulations' 6 implementation period and the certification renewal requirements. Information Bulletin 18-007 7 has been posted on the official website for the Office ofthe State Fire Marshal since March 29, 8 2018, and is currently posted. A complete and accurate copy of Information Bulletin 18-007 is 9 attached as Exhibit C. 10 14. On December 28,2018, the Fire Marshal issued Information Bulletin 18-014, "2019 11 Fire Sprinkler Fitter Certification." Information Bulletin 18-014 explained that beginning on 12 January 1, 2019, any person who installs, alters, or repairs water-based fire protection systems in 13 a multi-family or commercial building is required to possess a certification or registration card, 14 pursuant to the Regulations. Information Bulletin 18-014 has been posted on the official website 15 for the Office of the State Fire Marshal since December 28, 2018, and is currentiy posted. A 16 complete and accurate copy of Information Bulletin 18-014 is attached as Exhibit D. 17 15. The Contractors State License Board provided the Fire Marshal with a list of all C-16 18 license holders, including Plaintiff Fire Guard Corporation. The Fire Marshal sent the address list 19 with notice of the 2016 public comment period to the Office of the State Printer for mailing. 20 16. The Fire Marshal also sent a copy of Information Bulletin 17-002 to all C-16 license 21 holders using the process described above. 22 17. The Fire Marshal conducted outreach presentations to numerous agencies and trade 23 organizations, including without limitation, the American Fire Sprinkler Association and the Fire 24 Prevention Officers Association. 25 18. Materials related to the proposed mlemaking were posted on the Fire Marshal's Code 26 Development website throughout the process of promulgating the regulations. After approval, the 27 approved regulations and Final Statement of Reasons were posted on the Fire Marshal's Code 28 Development website. 4 Declaration of Daniel Berlant In Opposition to Ex Parte Application for TRO (34-2019-00249221) 1 I declare under penalty of perjury under the laws of the State of Califomia that the 2 foregoing is tme and correct, and that this declaration was executed on January 31,2019, at 3 Sacramento, Califomia. 4 5 Daniel Berlant 6 7 8 SA2019300028 33764874.docx 9 10 11 12 13 14 15 16: 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of Daniel Berlant in Opposition to Ex Parte Application for TRO (34-2019-00249221) EXHIBIT A CAL FIRE - Office of the State Fire iViarshal information Bulletin 17- 002 Issued: May 25, 2017 NEW Automatic Fire Extinguishing Systems Certification (Water-Based Fire Protection) CCR, Title 19, Division 1, Chapter 5.5 Following the passage of Assembly Bill 433 in 2013 new regulations will go Into effect July 1, 2017 requiring Automatic Fire Extinguishing Systems (AES) Sprinkler Pipefitters to be certified by the CAL FIRE - Office ofthe State Fire Marshal (CAL FIRE - OSFM). The new regulations will require anyone who installs or repairs water-based fire protection systems to possess the necessary skills and qualifications to safely and properly install the system so that it will be operable in its time of need. The new law added Section 13110 to the Health and Safety Code which authorized the State Fire Marshal to propose, adopt, and administer the regulations he/she deems necessary to ensure fire safety in buildings and structures within this state. Regulations were developed with the help of a workgroup consisting of representatives from industry, labor, enforcing agencies, and CAL FIRE - OSFM staff. Work Covered Work consisting of the installation, alteration or repair of all water-based fire protection systems including: wet, dry, pre-action, and deluge sprinkler systems, small hose connections, standpipe systems, private fire service mains and their appurtenances, hydrants and monitor nozzles, water spray systems, foam water systems, fire pumps, water storage tanks, low, medium, and high expansion foam systems, and water mist systems. Includes all occupancies required to have a fire sprinkler system, or those voluntarily installed fire sprinkler systems, except one- and two-family dwellings. Page 1 of 3 information Bulletin 17- 002 (Continued) Work Excluded One and two-family residential sprinkler systems. Installation, alteration or repair of underground water supply lines from the • connection of the water supply to the first joint, or mechanical connection at the base of the system riser. Installation of pre-engineered water-based fixed extinguishing systems. Implementation Period December 31, 2017 - Deadline for Journeyman Fire Sprinkler Fitters (Legacy Applicants Only), those who possess an active C-16, or those employed by a C-16 who meet the minimum qualifications to certify without taking the certification examination. July 1, 2018 - Certification card required for fitters; requires at least one certified fitter per job site. January 1, 2019 - All fitters shall possess a certification card, all trainees and apprentices shall possess a registration card. Fire Sprinkler Fitter Certification Prior to January 1, 2018: Be at least 16 years old. Journeyman Fire Sprinkler Fitter, active C-16' holder, or those who meet the minimum qualifications below: o Commercial - 7,000 hours and five years verified work experience, o Multi-family residential - 3,500 hours and two years verified work experience. File a Fire Sprinkler Fitter Certification Application (AES 1005) and pay the $150 application fee. After January 1, 2018: Be at least 16 years old. Active C-16 holder or have successfully completed a California State or federally-approved Fire Sprinkler Fitter Apprenticeship Program. File a Fire Sprinkler Fitter Certification Application (AES 1005) and pay the $150 application fee. Pass written certification examination. This exam is conducted by a third-party CAL FIRE - OSFM contractor which has an additional examination fee. Fire Sprinkler Fitter Apprentice Registration Be at least 16 years old. Registered in a State of California or federally-approved Fire Sprinkler Fitter Apprenticeship Program. Proof of employment by a licensed C-16. Work under the direct supervision of a Certified Fire Sprinkler Fitter. Page 2 of 3 Information Bulletin 17- 002 (Continued) File an Apprentice/Trainee Registration Application (AES 1005A) and pay the $150 application fee. Fire Sprinkler Fitter Trainee Registration A person not registered in a State of California or federally-approved Fire Sprinkler Fitter Apprenticeship Program shall be registered as a trainee and may work as a trainee for up to one year. Be at least 16 years old. Proof of employment by a licensed C-16. Work under the direct supervision of a Certified Fire Sprinkler Fitter. Be registered in a State of California or federally-approved Fire Sprinkler Fitter Apprenticeship Program within one year of their date of hire. File an Apprentice/Trainee Registration Application (AES 1005A) and pay the $150 application fee. Employer Responsibilities Ensure all fire sprinkler fitters, apprentices, and trainees under their employment are certified or registered. Must notify CAL FIRE - OSFM in writing within 72 hours from the date of hire of an employee's status as a trainee, apprentice or certified fire sprinkler fitter. Continuing Education Certified Fire Sprinkler Fitter shall complete three units of American National Standards Institute/International Association of Continuing Education and Training (ANSI/IACET) accredited continuing education within a three-year period. This requirement is verified by CAL FIRE - OSFM every three years at time of renewal. If proof of completion is not received at time of renewal on the third year of the three-year period, the Certified Fire Sprinkler Fitter shall be required to re- apply as a new applicant, pay all associated fees, and pass a written examination. Applications are available on the CAL FIRE - OSFM's website (http://osfm.fire.ca.gov/strucfireengineer/strucfireengineer_aes), and are currently being accepted for filing. Please note, certification and registration cards will not be issued until the regulations are effective on July 1, 2017. For additional information regarding the approved AES Certification regulations, please visit our Code Development website below under PRIOR RULEMAKING ACTIVITIES: http://osfm.fire.ca.qov/codedevelopment/codedevelopment titlelQdevelopment For questions, please contact CAL FIRE - OSFM at the e-mail: AES(gfire.ca.gov » Page 3 of 3 EXHIBIT B CAL FIRE - Office ofthe State Fire Harshai lation Bulletin 1B-00f Issued: January 4, 2018 iflATIC FIRE EXTIMGUiSHING SYSTEI iS CERTIFICATI^ IMPLEMENTATION PERIOD AND Tift lELINE. On July 1, 2017, the Automatic Extinguishing Systems (AES) Sprinkler Fitter Certification regulations becarne effective. The regulations require all individual Sprinkler Fitters, Apprentices, and Trainees on jobsites who install, alter, and/or repair water-based fire protection systems to either be certified as a Sprinkler Fitter or registered as an Apprentice or Trainee. To avoid delays and work stoppages, the Certification Program will be phased in over an 18-month "Implementation Period." Below are important Implementation Period dates and deadlines to keep in mind: July 1, 2017 - Regulations became effective. No certification cards for Sprinkler Fitters are required until July 1, 2018. No registration cards are required for Apprentices and Trainees until January 1, 2019. December 31, 2017 - Deadline for Journeyman Fire Sprinkler Fitters, those who possess an active C-16, or those employed by a C-16 who meet the minimum qualifications to obtain certification without taking an examination. July 1, 2018 - At least one certified Sprinkler Fitter will be required per job site. January 1, 2019 - All Sprinkler Fitters shall possess a certification card and ali Apprentices and Trainees shall possess a registration card. Page 1 of 2 informatioo Bulletin 18-001 (Continued) l u , 12017 y j g g j ^ n —^ r l ! - V j r ' - JSNWgfe^- For additional infomnation please see the OSFM's Information Bulletin 17-^002 and Sprinkler Fitter Certification Final Text of Regulations/Express Terms. For applications, please visit CAL FIRE - Office of the State Fire Marshal's AES Webpage. For questions, please contact the CAL FIRE - Office of the State Fire Marshal at the e- mail: AES@fire.ca.gov. Page 2 of 2 EXHIBIT C CAL FIRE - Office of the State Fire Marshal iriformation Byiietin 18-007 • Issued: March 29, 2018 .AUTOWATIC FIRE •EXTINGUISHING SYSTEMS FIRE SPRINKLER. FITTER CERTIFICATION'IMPLEMENTATION As the Office completes its review of applications submitted under the "Implementation Period", those approved applicants will soon receive their Certification Cards with a July 2018-June 2019 validation sficker. The fee paid during the implementation period covered the processing of the application and the first-year certificafion. These individuals wiii be required to renew their certifications by May 1, 2019 and yearly after that as stated in Title 19, California Code if Regulations, Section 944(a), "The riotice of renewal for a Trainee Registration, Apprentice Registration, or Fitter Certification sttali be 1 '^^v^O, v^SSW**" returned on or before May 1st of the year in which the current certification or registration expires, if the notice of renewal is not received by May 1st, a late fee shall be charged as prescribed in Section 925.1. Renewals shall be made in writing on the notice provided by the Office ofthe State Fire Marshal and shall be signed and accompanied by the fees prescribed in Section 925.1." Notice of Renewal will be sent by CAL FIRE - Office of the State Fire Marshal annually on or around March 1 ^ every year. Please contact the Fire Engineering & Investigations division ifyou have any further quesfions at AES@fire.ca.gov. For more informafion please visit our'website http://osfm.ftre.ca.ctov Page 1 of 1 EXHIBIT D CAL FIRE - Office ofthe State Fire IVIarshaf Information Bulletin 18-014 issued: December 28, 2018 2019 FIRE SPRINKLER FITTER CERTIFICATION As part ofthe implementafion ofthe new Fire Sprinkler Fitter Certificafion Program, effective January 1, 2019 any person who installs, alters, or repairs water-based fire protecfion systems in a mulfi-family or commercial building is required to possess a certificafion card from CAL FIRE-Office of the State Fire Marshal (OSFM). All Apprenfices and Trainees shall possess a registrafion card as shown below. Sample Certification Card AUTOMATIC EXTINGUISHING SVBTBMS Typo: Sprtnklffr Fitter Ejiptros: June Slfth Ucense N u m b e r A5477 BEAR, SMOKEY SAMPLE ITtts caid iuued by CAL PIRE Ofllca of Ihe Stele D.O.B. OaTO/IMJ Fire Marshal la for UentiDcalion purposss ordy ond Shall not be used lor advarllslng. State Fire Marshal OSFM SAMPLE recommertdstion is NOT given or implied. Reflective Eyes: BROWN Weight: 400 Hair: BROWN Height: 8'2" IF FOUND, RETURN TO: CAL FIRE Ofllce ot the Stale FtreY^rBhal Sticker AGn: t=*o EngineenngJAES The bearer, whose pnoto and sigrralurc opacars Z251 HwvOTd Stnscl. Sw!)g *00 hereon is authorized to perform as a Spnnhler Fitter SactaniDrtlo, CA. 95816 within Uie limits set forth on the reverse. Sample Sprinkler Fitter card. Sample back of card. Addifionally, the back of the certification card will have a reflective sficker indicting the year and certification type. The 2018-2019 Mulfi-Family Residenfial Certificafion card holder will receive a white sficker and the 2018-2019 Commercial Certificafion and Apprenfices/Trainee card holders will receive a yellow sficker. Sample Certification Stickers STATE STATE |MSHAL FIREMARSHAL pill Y 001600 Sample Commercial Sticker Sample Multi-Family Residential Sticker Over 5,000 Fire Sprinkler Fitter Certificafion and registrafion cards have been issued. In addifion, some fitters have been issued a letter from the OSFM acfing as a temporary certificate. These temporary letters are issued in lieu of cards, and can be verified at any fime by contacfing the OSFM. Page 1 of 2 information Bulletin 18-014 (Continued) Enforcement In California Code of Regulafions Tifie 19, Chapter 5.5, Article 4 details the enforcement ofthe Fire Sprinkler Fitter Certificafion Program. The State Fire Marshal, their designee, and the Authority Having Jurisdicfion (AHJ) are authorized to inspect project worksites where work on fire protection systems is being performed to ensure that persons performing the work possess valid certificafions or registrafions as required by this Chapter. All workers are required to provide proof of applicable certification or registration card. Sections 928 through 933 lay out the penalties and corrective actions for violafing these regulations. Resources For all regulatory requirements for Fire Sprinkler Fitter Certificafion, please go to the following link: http://osfm.fire.ca.gov/strucfireengineer/pdf/aes/aeslawsreqs(rev2017).pdf Addifional informafion about the Prograrfi can be found in the 2017 Informafion Bullefin: http://osfm.fire.'ca.qov/informationbulletin/pdf/2017/IB AESCert final 05 25 17.pdf 2018 Information Bullefin: http://osfm.fire.ca.qov/informationbulletin/pdf/2018/2018- 001%20-%20IB%20%20AES%20SF%20lmplementation%20Period.pdf, Any further questions, please contact us via email at AES@fire.ca.gov. Page 2 of 2