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1 TIMOTHY V. KASSOUNI, SBN 142907 EHDORSEO
KASSOUNI LAW
2 621 Capitol Mall, Suite 2025
Z0i9JAN3l PM 3:0
3 Sacramento, CA 95814 SUPERIOR UOURT CF CALlrORN'l
Telephone: (916)930-0030 COUHTY CF SACRAMENTO
4 Facsimile: (916) 930-0033
E-Mail: Timothy@Kassoiiriilaw.com
5
6 Attomeys for Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, and Califomia Fire
Protection Coalition
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8 SUPERIOR COURT GF THE STATE OF CALIFORNIA
9 CITY AND COUNTY OF SACRAMENTO
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ot n 11 FIRE GUARD CORPORATION; CaseNo: 34-2019-00249221
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^ BAHMAN BRIAN SHAHANGL\N, an
^ NO
12 individual; and CALIFGRNiA FIRE
PROTECTION COALITION, a Califomia DECLARATION OF BAHMAN BRIAN
2 = O U, 13 Corporation, SHAHINGIAN IN SUPPORT OF
O o PLAINTIFFS' EXPARTE APPLICATION
14 Plaintiffs, FOiR TEMPORARY RESTRAINING
ORDER AND OSC RE PRELIMINARY
- cl? ^ 15 INJUNCTION
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ON
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ID CALIFORNL\ DEPARTMENT OF Date: Febmary 1, 2019
17 FORESTRY AND FIRE PROTECTION- Time: 9:00 A.M.
CALIFORNIA OFFICE OF T H E STATE Dept.: 53 BY FAX
18 FIRE M A R S H A L ; , D E N N I S MATHISEN, in Judge: Hon. David 1. Brown
19 his official capacity as State Fire Marshal;
JEFFERY SCHWARTZ, in his official
20 capacity as Deputy State Fire Marshall; and
DOES 1-10, inclusive.
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22 Defendants.
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Declaration of Brian Bahman Shahangian
1 1. BAHMAN BRL\N SHAHNGL\N, declare:
2 1.1 am a Plaintiff in this action. I am alsotaePresident of Plaintiff Ffre Guard
3 Corporation (Fire Guard). Fire Guard is an active Califomia Corporation, and I hold a valid C-16
4 (fire protection contractor) license wdtataeContractors State License Board (CSLB). It is
5 primarily engaged intaeinstallation, maintenance, and repair of commercialfiresprinkler
6 systems, and has pipefitter employees. I also hold valid CIO (electrical), C36 (plumbing), and B
7 (General Building Contractor) licenses witataeCSLB.
8 2. The C-16 license issued by CSLB allows the license holders to set upfireprotection
9 companies, hire pipefittersand other staff, enter into contriacts for design and installation of
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10 automaticfiresprinkler systems, perform design and installtaesystems. All work performed
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11 undertaeC-16 license istaeresponsibility oftaelicense holder andtaelicense holder is liable
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SI 13 3. I have been a C-16 license holder for over 31 years (since August 1987) and have
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CO "3 o S 14 been an active member of this industry, having completedtaousandsof projects of all types and
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ON 15 sizes including highrises,hospitals, Mefro stations, police stations, post offices, airport
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16 terminals. Air Force and Navy bases, as well as more common projects such as apartment
(2 17 buildings, warehouses, and shopping centers. During my career as afireprotection contractor I
18 have employed hundreds of pipefitters and have successfidly completed all contracted projects.
19 4. In the simplest terms, a pipefitter is an individual that installstaepipes and other
20 components offiresprinkler systems m commercial and residential buildings in accordance wdth
21 tae approved plans prepared bytaeC-16 license holder or otaers who are qualified and licensed
22 to designfiresprinkler systems.
23 5. Once a C-16 licensed contractor secures a project,taelicense holder or a qualified
24 designer will design thefiresprinkler system based ontaearchitectural plan ofthe building and all
25 aplicable codes, perform the hydraulic calculations to determine the correct pipe sizes to provide
26 tae necessaryflowand pressure to meettaeappropriate code requirements fortaebuilding type and
27 the occupancy. The design layout and the hydraulic calculations aretaensubmitted to the autaority
28 having jurisdiction (AHJ) for thefr review and approval. The AHJ is generally eitaer an engineering
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Declaration of Brian B^unao Shahangian
1 department within a city or thefireprevention office of thefiredepartment. The plans and the
2 calculations are thoroughly reviewed and commented on if necessary, untiltaefinalplans and
3 calculations meet or exceedtaeNational Fire protection Association (NFPA) code reqiurements, as
4 well as any added local requirements. Once it is determined that the plans meet all applicable codes,
the appropriate authorities approve the plans and sign off on taem,
6. The approved plans aretaenused to performtaework and obtain inspections at every
stage oftaewrork. The responsibility of an unlicensed pipefitter employee is to installtaesystem
8 in accordance wdtataeapproved plans. Each stage oftaework is inspected by AHJ to ensure
9 adherence to the approved plans. If for any reason a significant modification totaeplan is
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10 necessary, the plans will have to be revised and recalculated and go throughtaeplan check and
>o fn 11 approval process beforetaeinspectors would inspecttaeinstallation. Therefore, it is not
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12 necessary for an unlicensed pipefitter employee to have knowledge of design or hydraulic
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13 calculations to perform this work,
, 16 Attached hereto as Exhibit B is a copy oftaenotice I received. This has led to my inability to
17 obtaintaenecessary inspectionsfi'omtaecity and completingtaeproject. I also have a new
18 project wheretaecustomer is aware of the regulations and is requesting assurances that this issue
19 wdll not affect the project. If the application for temporary restraining order is not granted I will
20 be forced to forfeit the confract. This has created immediate andfrreparableinjury to existing
21 projects as well asfiitureprojects.
22 19. Unions are also actively approaching owners of projects, and informingtaemof tae
23 new regulations andtaedevastating effect it will have on merit-based contractors. Union
24 representatives are encouraging and persuading project owners to award contracts to union
25 contractors. An example is Exhibit C, which is a notice being given to project owners. This has
26 also created immediate and irreparable injury to my existing projects as well asfiitureprojects.
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Declaration of Brian Bahman Shahangian
1 20. I have reviewed the comment letter of CalSafe dated March 25,2016, which
2 references a study offiresprinkler failures by the National Ffre Protection Association, When
3 sprinklers failed to operate, the reason most often given (64% of failures), was shutoff of the
4 system beforetaefirebegan, as may occur intaecourse of routine inspection or maintenance.
5 Yet separate regulations arei already m place, which require all supply valves to be elecfronicaUy
6 monitored to notify responsible personnel iftaevalves are notfidlyopen.
7 21. The second reason proffered by NFPA for sprinkler failure is manual intervention
8 taat defeatedtaesystem (17% of failures). This also has nodiing to do wdth quality of
9 installation or pipefitter expertise. This issue arises when building owners or occupants modify
c 10 tae building or otaerwise compromisetaeoperation oftaefiresprinkler system. Thus, tae
in
- of perjur> under the laws of the State of Califomiatiiatthe facts stated in
2 this declaration are w ithin my own personal knowledge, and are tme and correct. If called upon
3 to do so. I could competently testify to aii matters stated herein. This declaration was executed
4 this 30th day of Januar) . 2019. at Los Angeles. Califomia.
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6 ' BAHMAN BRIAN SHAHANGIAN
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Declaration of Brian Bahman Shahangian
Ex. A
(http://cafea.ofa/aDDrBntlca-lnfon
Training for Excellence Curriculum
Apprenticeship Training Pays Dividends In A Lifetime Of
Opportunities For Women & IVIen!
APPRENTICE APPLICATION tattD://cafsa.orQ/wp-content/uc ^Rprentipfr-ARpllpatiQn-g.pdO.
Perhaps you aren't too keen on a four year college
education. Maybe you want to get out into the world
and begin carving out a living for yourself.
IVIore and more young people are saying "no" to the
traditional notion of preparing for their working lives
by attending four-year universities. These are active
men and women who want to start eaming a living,
sometimes right out of high school who are looking
for a career path they can sink their teeth into, and
get paid while they leam.
If that sounds like you, You're looking in the right direction by considering a career in one of the
construction industry's fastest growing crafts: Fire Sprinkler Fitter.
Using the AFSA Updated Texts and corresponding
CD Rom integrated media class training modules Lal)or Management
which were devel-oped in collaboration with the
A roreiiian'r. Re;.poii^;ibiliiy
CAFSA's apprentice-ship training education
committee working with the AFSA's hand picked
education and technical review committee the
CAFSA five-year training regimen will assist your
apprentices in developing skills that will make your
business more profitable and provide your workers a
pathway to success in the fastest growing
construction trade in the nation.
Now more than ever before, fire sprinkler contractors are faced with a shortage of trained and
competent fitters to meet the public's growing demand for safer buildings and homes.
Municipalities, Cities, Counties and commercial businesses have an urgent need to protect their
assets from the threat of the tremendous losses in dollars, and lives, that fire can bring with it.
Not only are cities and counties requiring that new homes be fitted with fire sprinl
05/23/2017-
REGULATIONS NOW RELEASED ON FITTER AES CERTIFICATION (HTTP;//US12.CAMPAIGNnARCHlVE.COM/?
Ua61EB785FD25FBSED5DA0FACDF&ID»P2969D4590)
02/07/2017 -
CAFSA ADMIN ADDS NEW IT COMMUNICATIONS MANAGER fHTTP;//U812.CAMPAlGN-ARCHIVE.COM/?
Uo61EB78SFD25FB5EDSDA0FACDF&ID«F9974DED63l
12/01/2016-
STATE FIRE MARSHAL'S OFFICE NOW SAYS rT WILL TRY 11TH HOUR SURGERY ON CERTIFICATION REG
/HTTP://US12.CAMPAIGN.ARCHIVE.COM/?U°61EB7B5FD25FBSEDSDA0FACDF&ID°7BP07BFS46>
08/24/2016 -
CALIFORNIA ASSEMBLY BILL 520 MORPHS 'SKILLED AND TRAINED' TOWARD PRIVATE MARKET
rHTTP://US12.CAMPAIGN.ARCHIVE.COM/?U»61EB785FD2SFB5ED5DA0FACDF&ID»2BB5CCS6D8l
04/18/2016-
DLSE ANNUAL PWG CONTRACTOR REGISTRATION NOTICE FOR MAY 1. 2016 mTTP://U812.CAMPAIGN-
ARCHIVE.COM/?U«61EB785FD25FBSEDSDA0FACDF&ID»D8924A3A94>
02/26/2016-
FHTER CERTIFICATION REG UPDATE fHTTP://US12.CAMPAIGN-ARCHIVE.COM/?
U«61EB78SFD2SFB5ED5DA0FACDF&ID=C96B463A2Ct
02/25/2016 -
FITTER CERTIFICATION SPECIAL PDF
American Fire Sprinkler Association (AFSA^
(http://wavback.archive.org/web/20161101 Q82007/httDs:/www.firesprinkler.orQ/^
Califomia State Fire Marshal's Office (http://wavback.archive.orQ/web/20161101 Q82007/http:/osfm.fire.ca.aov/^
National Fire Protection Association (NFPA^
(http://wavback.archive.orQ/web/20161101082007/http:/www.nfDa.orQ/)
DOL Office of Apprenticeship. Training and Labor
(http://wavback.archive.orq/web/20161101082Q07/http:/www.wdol.aQv/dba.asPx^
CAL-OSHA Constmction Industry Safetv Regulations
(http://wavback.archive.org/web/20161101 Q82QQ7/http:/www.dir.ca.QQv/dosh/^
California American Fire Sprinkler Assocation • (P) 209.253.4000
httpV/cafsa.org/apprentice-info/ 4/4
CALIFORNIA AMERICAN FIRE SPRINKLER ASSOCIATION
SEND COMPLETED APPLICATION TO: CAFSA UAC-1408 W Main St. RIpon, Ca 95366
or, email to: info@cafsa.org
Date:
Name: Phone:
Address: : County:
Present Employer: How long with:
Are you a US Citizen: If not is your alien resident status documented:
Have you had any construction experience? If so, please explain:
What is your educational background, please circle one ofthe following?
1. 6 to 8 years of school 3. GED Certificate 5. College
2. 9 to 12 years of school 4. A High School Diploma | |
What other trades are you currently seeking employment In?^
When will you be available for work as an apprentice?
Please give us your phone number and indicate what time of day is best to contact you:
The apprenticeship committee requests that you voluntarily indicate your ethnic group, race and sex In
order for us to track our affirmative action success in attracting women and minorities to the fire sprinkler
Industry.
Ethnic Group (check one) a) Hispanic or Latino| | b) Not Hispanic or Latino | |
Race (circle one or more) a) Am. Indian b)Asian[^ c) Black d) Pacific Islander | |
e) White Q Sex a) Male [ U b) Female O
Age: Date of Birth:
Signature:
(please sign to verify your Date of Birth)
Thank you for taking the time to M out this application. Please send to the address above. The CAFSA
Unilateral Training Committee will provide your name to participating contractors in order to alert
them to your desire to train as a Fire Sprinkler Apprentice. Filling out this application does not
guarantee that a position will be open.
Ex. B
NOT APPROVED - CORRECTION NOTICE
City bf Los Angeles
DVARVMtNT AF BUOONW AND SAnTY Pepartrnent of Building and Safety
JOB ADDRESS: PERMIT «: CONFIRMIf:
712 S OLIVE ST 16043-20000-06303 2432i9S97
JOB DESCRIPTION;
FOR REINSPECTION CALL: (88S)LA4-BUIL0 or 311
Fire Sprinkler
APPL|CANT/AGENT: INSPECTOR: JASON WILSON
FIRE GUARD CORPORATION DISTRICT: FSM4
ADDRESS: PHONE: (213)4824336
6603 INDEPENDENCE AVENUE A
BUREAU: Inspection Bureau
CITY; STATE: ZIPCODE:
CANOGA PARK CA 91303 DATE: 1/7/2019
Before the work or Installation authorized by this permit can he approved, concealed, energized, or used, the following
deficiencies shall he corrected. Call for reliispeciion when all corrections have been made.
PERMIT GROUP/TYPE/SUBTYPE: Mechanical/Fire Sprlnkler/Cqmmerclal
INSPECTION TYPE: Rough
VIOLATION NUMBER: 19-TQX-380-Q-1923 Oate Issued: 1/7/2018 Issued l>y
VIOLATION TYPE: SFM - AES Certification
VIOLATION CODE SECTION: CCR. Title 19. Division 1. Chapter 5.5
CODE LANGUAGE: 927. Violations. Ttie SFM, SFM Designee or AHJ Is authorized to inspect project worksites
where work on fire protection systems Is being perfonned to ensure that persons performing ihe
work possess valid certifications or registrations as required by this Chapter The SFM, SFM
Designee or AHJ is authorized to require persons performing vyprk to provide proof of applicable
certification or registration card. Any person who cannot show proof of certification or
registration to the SFM, SFM Designee or AHJ shall be subject to Sections 928 through 932.
NOTE: Authority cited: Section 13110 Health and Safety Code.
VIOLATION NOTES: Provide proof of AES certification
DO NOT REMOVE THIS NOTICE
INSP/Fom). 49e (1/1f/2006) http:Madbs.org
InfqhnatiQn generated frommPbwer
Page i of l
Article 4. Enforcement
§927. Violations.
The SFM, SFM Designee or AHJ is authorized to inspect project worksites where
work on fire protection systems is being performed to ensure that persons performing
the work possess valid certifications or registrations as required by this Chapter. The
SFM, SFM Designee or AHJ is authorized to require persons performing work to
provide proof of applicable certification or registration card. Any person who cannot
show proof of certification or registration to the SFM, SFM Designee or AHJ shall be
subject to Sections 928 through 932.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
131 TO, Health and Safety Code.
§928. Prosecution of Violatipris.
(a) Violators are subject to a Notice of Violation or Correction Order issued by the
SFM, SFM Designee or AHJ and shall contain at a minimum the violator's name,
employer, certification or registration number, job location, date, and a description of
the offense.
(b) If a Notice of Violation or Correction Order is not corrected within seventy-two
(72) hours of issuance; the SFM, SFM Designee or AHJ is authorized to issue a "Stop
Work Order" as defined in Title 24, Califomia Code of Regulations, Part 9 and in
accordance with Section 929.
NOTE: Authority cited: Sections 13108 and 13110, Health and Safety Code.
Reference: Sections 13108 and 13110, Health and Safety Code.
§929. Stop Work Order.
Ifthe SFM, SFM Designee or AHJ, determines that the installation of water-based
fire protection systems is being performed in violation of this Chapter and after
providing notice in accordance with Section 928, he or she is authorized to issue a
"Stop Work Order" as deftneci in Title 24, California Code of Regulations, Part 9. Work
within the scope of this Chapter shall not resume until a full investigation by the SFM,
SFM Designee or AHJ has been completed arid verification has been made that all
work on the fire protection system in question has been performed by duly authorized
persons.
NOTE: Authority cited: Sections 13108 and 13110. Health and Safety Cpde.
Reference: Sections 13108 and 13110, Health and Safety Code.
§930. Report of Violations.
(a) Any action taikien by the AHJ for violations against a registered Trainee,
Apprentice, or Certified Fire Sprinkler Fitter shall be submitted in a written report to
the Office of the State Fire Marshal within fifteen (15) days of the issuance of a
Notice of Violation or Correction Order. The written report shall contain at a minimum
95 REV. 05/01/2017
the violator's name, employer, certification or registration number, job location, date of
isisuance, and a description of each offense.
(b) Any report submitted by the AHJ for violations against a registered Apprentice
may be fonwarded by the OSFM to the Division of Apprenticeship Standards (DAS).
(c) Any report submitted to the OSFM by the AHJ for violations against a C-16
may be fony/arded to the California Contractors State License Board (CSLB).
NOTE: Authprity cited: Section 13110, Health and Safety Code. Reference: Section
13110, Health and Safety Code.
§931. Penalties.
(a) The SFM or SFM Designee shall revoke or suspend a fire sprinkler fitter
certification or apprentice/trainee registration and card for any violation Of this Chapter,
rules or regulations of the State Fire Marshal issued pursuant to this Chapter.
(b) Any person who violates any provision of this Chapter, or any applicable rule,
regulation. perrnJt or other order of the State Fire Marshal, shall be subject tp a civil
penalty for each act or violation as outlined in Health ahd Safety Code. Section
13197.6.
(c) Each day a person performs work oh a fire protection system without a valid
certification or registration shall constitute a separate violation.
(d) Any perspn licensed under Chapter 9 (commencing with Section 7000), Division
3 of the Business and Professions Code who violates any provision of this Chapter
shall be subject to Section 7110 of the Business and Professions Code ahd,
accordingly, shall be subject to disciplinary action by the Contractors State License
Board.
(e) Any person who violates Part 2 of the Health and Safety Code for Fire
Protection or any applicable rule or regulation adopted pursuant to Part 2, shall be
charged with a misdemeanor pursuant to Section 13112 of the Health and Safety
Code.
NOTE: Authority cited: Sections 13110,13112 ahd 13197.6, Health and Safety Code,
Section 7110. Business and Professions Code. Fieference; Sections 13110,13112
and 13197.6, Health and Safety Code, Section 7110, Business and Professions
Code.
§932. Denial, Reyoc^tiohi and Susptensioh.
(a) The State Fire Marshal shall order revocation, suspension or denial of
apjjtication pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division
3. Title 2 of the Government Code.
(b) The SFM or the SFM Designee shall upon preliminary finding of a violation,
suspend any certification or registration for a periOd not excieeding 30 days pending an
investigation of the violation pursuant to Health and Safety Code 13188.
(c) The issuance or renewal ofa certification or registration may be denied, and
certification or registration may be revoked by the Office of the State Fire Marshal for
any of the following reasons:
(1) Applicant is not the real person of interest.
96 REV. 05/01/2017
(2) Certification or registration holder refuses to allow inspection by the SFM, SFM
Designee or AHJ of certification or registration cards.
(3) An applicant for certification or registration does not possess the required
qualifications, skills or competence to conduct the operations for which application is
made as evidenced by failure to pass the examination.
(4) An appilicant, certification or registration holder is, or has been convicted of a
violation of any provision of Part 2 of the Health and Safety Code as outlined in
Section 13112.
(5) An applicant, certification or registration holder violates any provision of this
Chapter or the Health and Safety Code as outlined in Section 13112.
NOTE: Authority cited: Sections 13104 and 13110, 13112, 13188, Health and Safety
Code, 11500 Government Code. Reference: Sections 13104 and 13110,13112,
13188, Heatth and Safety Code, Section 11500, Government Code.
§933. Deceptive Practices.
(a) A certification or registration holder, who engages in unfair methods of
competition, or makes false or misleading statements, as prohibited in Sections 17200
and 17500 ofthe Business and Professions Code, shall be subject to denial,
revocation or suspension.
(b) A certification or registration holder, upon making contact with a prospective
buyer, (business owner or owner's representative) shall do the following:
(1) State the identity ofthe person making the solicitation.
(2) State the name of the business being represented.
(3) State the type of goods or services being offered for sale.
(4) Show or display personal identification from the automatic extinguishing systems
company they are affiliated with,
(c) Failure to do the above actions shall be treated as a deceptive practice.
NOTE: Authority cited: Section 13110, Health and Safety Code. Sections 17200 and
17500, Business and Professions Code. Reference; Section 13110, Health and Safety
Code, Sections 17200 and 17500, Business and Professions Code.
§934. Employer Responsibility.
Every properly licensed contractor performing installation of water-based fire
protection systems shall ensure all fire sprinkler fitters under their employment are
certified or registiered. The licensed contractor shall notify the Office ofthe State Fire
Marshal in writing within seventy-two (72) hours from the date of hire of an (employee's
status as a trainee, apprenfice or certificate holder.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110, Health and Safety Code.
97 REV.05/01/2017
Ex. C
concerned.
Sprinkler Fitters U ,709 has prepared this
folder to heb, fate^^^^^t|ie'State of.
^stall^ja of water
based i^wstemrfAES )ter
pulled,
IS, penalties, a}i4;|p^pon§ibilities. Me hoi
bitter
Jgulation aren't foUowed.
tant
„ will
improveWli^^^li^^e^^^aving
fire systems,'»^i4ig^^er « f e ' ^ ^ t i o n of life
and property.
Jo/op«iu#S37, aflHiib, cIc
Article 4. Enforcement
927. Violations.
the SFM> SFM Oesighee or AHi Is authorized to Ipsjiect fjroject worksites where work or) fire protection
systehfis is bielhg perforrned toe that perspris performing the work possess Valid certiiRcatiohs or
registrations as required by this Chapter.the SFM, SFM Designee or AHJ is authorized to require persons
perfprmingiwork to provide proof 0
show proof of certification or re^^^^ Designee or AHJ shall subject to Sectloiis
928 through 932.
NOTE: Authprity cited: Section 13110, Health and Safety^Code. Referent: Section 13110,: Health and
Safety^Gode." ^
9^8vPi-pf|f|CUtion of Vioiat^^
(a) VIbiatore are subject t a t jNpticexjfViolation or Gorreietlon Order issued by the St=ivi, SFM Designee or
AHJ and shall cbiiitain at a minlnniurn the Violator's name, ernplpyer, certificatloh or registration number,
job locatlph> date, and a descrlp^^^
(b) Ifa Nbtieepf Violation or Correction Order is^ within seventy-two (72) hours bf issuance;
the SFM, SFM Designee or AHJ Is; authorized to issue a "Stop Wor Order" as deflned inTltle 24, California
Codie of Regulations, Part 9 and In accordance with Sec^^^
NOTE: Authority cited: Sections 13108 and 13110, Health and Safety Code. Reference: Sections 13108
and 13110, Health and Safety Code.
929. Stop VVorit Order.
Ifthe SFM, SFIVI Designee or AHJ, determines that the installation of water-based fire protection systems
is being performed in violation of this Chapter and after prpviding notice in accordance with Section 928,
he or she Is authbriied to Issue a "Stop Work Order" asdeflned in Title 24, California Code pf Regulations.
Part 9^ Work withip the scope of this Chapte until a full investigation by the SFM, SFM
Designee or AHJ hafbeehcbmpleted and verification has been the fire protection
system in questipn has been performed by duly authorized persons. NOTE: Authority cited: Sections
13108and 13110, Health and Safety Code: Reference: Sedtibhs 13106 and 13110, Health andSafety Code.
930. Report of Violations.
(a) Any action taken by the AHJ for violations against a registered Trainee, Apprentice, or Certified Fire
Sprinkler Fitter shall be submitted In a written report to the Office of the State Fire Marshal within fifteen
(IS) days of the issuance of a Nodce of Violation or Cprrection Ordier. The written report shall contain at
a nfiinimyni the vIblatbKs name, employer, certification or registpation number. Job location, date of
issuance; and a description of each offense.
(b) Any report submitted by the AHJ for violations agajrtst a registered Apprentice may be forwarded by
theOSFM tothe Division of Apprenticeship Standards (DAS).
(c) Any report submitted to the OSFM by tb^^^^ for violatioiis against a C-16 may be forwarded to the
California Contractors State License Board (CSLB).
NOTE: Authbrlty cltedr SecttoiY and Safety Code, j^eferehte: Section 13110, Healtl) and
Safety Code.
931. Penalties.
(a) The SFM or SFM Designee shall revoke or suspend a fire sprinkler fitter certification or
apprentice/trainee registration and card for any violation of this Chapter, rules or regulations bf the State
Fire Marshal issued pursuant to this Chapter.
(b) Any person who violates any provision of this Chapter, or any applicable rule, regulation, permit or
other order ofthe State Fire Marshal, shall be subject to a civil penalty for each act or violation as outlined
in Health and Safety Code, Section 13197.6.
(c) Each day a perspn perfbrms work on a fire protiectlon system without a valid certification or
registratibh shall constitute a separate violatipn.
(d) Any persbh licensed under Chapter 9 (qommenclhg with Section7000), Division 3 of the Business and
Profess>ion|5 Cbde who violates any pf^ovisloh of this Chapter shjall be subjed to: Secition 7110 of the
Business and Professibns Code and^accprdihglv> shall be s
State Ucense Board.
(e) Any perspn Who violates i>art 2 of tfie Healthiand Safety Code fpr Firb Protection or any applicable
j-Ule br regulatipp adopted pursuant tb iPart i ; shall be charged with a misdemeanbrpursuaht to Seictlon
13112 of the Health and Safety Code.
As fplla!ws^l31t2. MisdenneanQr orlm^
Every pbrsbri who vibiates any provision of this chapteiri or eriybrder, rule, or regulation made pursuant to this
chapter^ is guilty of a misdemeanpr punlshab^ one hundred dbllars ($100) or more
thanfivehundred dollaiTi ($5^^^^
of a separate offense each day durirtg vsihlch he or she com of any
provision of, or any order, rule, or regulation mad© pure^
NOTE: Authprity cited: Sections 13110,13112 and 13197.6, Health and Safety Code, Sectibn 71i0, Business
and Professions Code. Reference: Sections 13110,13112 and 13197.6, Health and Safety Code, Section
7110, Business and Professions Code.
932. Denial, Revocation, anci Suspension.
(a) The State Fire Marshal shall order revocation, suspension or denial of appllcatibh pursuant to Chapter
5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.
(b) The SFM Or the SFM Designee shall upon preliminaryfindingof a violation, suspend any certification
or registration for a peribd not exceeding,30 days pending an investigation of the violation pursuant to
Health ahd Safety Code 13188:
(c) The issuance or renewal bf a certification or registration may be denied, and certification or
registration may be revoked by the Office of the State Fire Marshal for any ofthe fbllowing reasons:
(1) Applicant is not the real person of intere^^^^^
(2) Certification or registratibn holder refuses to allow Inspectlbn by the SFM, SFM Designee or AHJ of
certificatibn or registration cards.
(3) An applicant fbr certification pr registratibn does not possess the required qualifications, skills or
competence to conduct the pperatlons for which application is made as evidenced by failure to pass the
examination.
(4) An applicant, certification or registration holder is, or has been convicted of a violation of any provision
of Part 2 of the Health and Safety Code as outlined in Sectibh 13112.
(5) An applicant, certification or registratibh holder violates any prpvision of this Chapter or the Health
and Safety Code as outlined in Section 131W^^
NQTE; Authority citedrSections 13104 and 13110, 13112,13183, Health and Safety Code, llSOp
Government Code, i^eferehce: Sections 13104and 13110,13112,13188, Health and Safety Code, Sectipn
11500, Government Code.
Em|5loyee's Responsibilities
926. Maximum Nuniiber of Directiy^^S^^
A Certified Fire sprinkler Fitter may supervise the numt>er of apprentices permitted In their
Apprenticeship Agreement and up to two (2) trainees.
NOTE: Authority cited: Section 13110, Health arid Safety Code: Reference: Section 13110, Health and
Safety Code.
941. Possession of Trainortof^viOiatiorts.
((O^riVr^Pbrtsubm^^
California Contractors State License Board (CSLB).
2/9/17
ADOPTION OF AIWENDMENTS TO CALIFORNIA CODE OF REGULATIONS
TITL^ 19 PUBLIC SAFETY
^UAB^^^^^VV ^ntycltsd. Section l a f lO and 13146. Heal!
gecUon 1^110 and 1M4ftHfe^|^hWidiafetv
raV Certified F|re §brinkler Fitter
'"^'^^^ " Pflfff^mla State nr fAH«^.
^ n t r ^ r t o r State
uLkaU^fm) ^ ^ ^ ^ ^ ' " ^ " ^ ^ ^ r ^ ^ ^ ^ thfr Office of the State Fjre
•• A certifioafi^n allowing indivlr|i.a1. perform the
•pg^nation of v>ff*ter.baaed fire pr^fe^ib^ ^"""^
NOTE; AutKoHtv cited-Se^^^^ and ft^tefy
Code. Preference: SeGtion
lailO. Health and Safety norf^i ^\ ^ ^ ^f
924.2. " D " Deflnitloni^:
(9) Direct Supervision. Qnrsite supefvisipn in acdordance with Secti"rt Q^fi
2/9/17
9244 " r P^rt!t!9P?r
r^VFire Sorinkter Fitter. A Certified Fire Sprinkler Fitter^ fire sprinklerfitterapprentice, or
finB SPrinkler^tte^traine^ who pattern Chapter.
IsiCTEr AuthorltyJclted: Section 13110. Health and Safetv Code. Refferfenee: Sectton
4311^1: Neialth ana
9:^4^4. ^M" Definitions.
faV installatien. All vvPfk as described In
reti^t.^lter^ioh.drrePa^
NOTE: Authori^/ GltedrSi^Gtion 13110. Health^^a^^^
43110.;i^€lalt»^1ahd:Saf^
9?4f?,r^"D^fir^l^!0n^,
fa) Joumevman. A person who has successfully completed the required hours and
years of expeHence of a Cisilifbrnik:^S^ Fire Sprihkier
ApprentlOeship Program or individuals previously certified In accordance with this Chapter.
NOTE: Authbrttv cited: Section 13110. Health and Safstv Code. Reference: Section
13110. Health andi^afetv Code.
924.6./•L"pefinition8.
(a) Licensee. A-iCdilifomia Contractor State License Board Fire Protection Contractor
fC-16) License hol^br.
NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110. Health and Safetv Code.
^24.7.^M" Definition^.
(a) Multt-Farnily Residential Gerttfication. A certification aliowinq individuals to perferni
theinstailatidn ofwater^biasedfire bf^^
ohlvand who have mist the reauiiE^^
lbVM>alti«i?afevt^ RsisldbnMl^
dweiling units UP tb. and Inbludiholfourf^V stoNfes^ m
NOTE: AutliorTtv cited: Section 13110. Health and Safety Code. Reference: Section
13110. Health and Safetv Code.
924.8. w Qm\m^r
2/9/17
(a) Notice to Appear. A surhmbns or writ by which a person is cited to appear In court.
fb) Notice bf \fiblatlori: To give attention to an Ihfi^btibn or breach ofthe law.
NOTE: Authbritv cited: Section 13110. Health and Safetv Code. Reference: Section
13t-f0. HeaitiiandSafetvCbde
924^9. ^•|y^peflnltlor^s.
fa) Registered Fire Sprinkler Fitter. An sfPOreritice or trainee, meettrip the applicable
prereauistesiaeitfentifierf
Submitted a pbrnb)i§t^ app^ paid applicable fees and has bbtaiined a registration
ta^rd iisiued byttve 0^ •
fb) ij^bipair. t o reStbre to^^^
fc) Registered Fire Sprinkler Fitter Card. A card issued bvthe Office ofthe State Fire
Marshial to sftrinklei' fitter apprentjcesor trainees upbp approval of rnejetinq the
reauirements in Sebtibns 937 or 938.
NOTE: Authority cited: Section 13110. Health and Safetv Code. Reference: Section
13110. Health and Safetv Code.
924.10. "S" Definitions.
fa) State Fire Marshal fSFM). Pursuant to the Health and Safetv Code. Section 13101.
the State Fire Marshal shall be appointed bv the Governor with the advice and consent bf
the senate and shall hbid office at the pleasure of the Governor.
fb) State Fire Marshal fSFM) Deisignee. As defined In the Heqith and Safetv Code.
Sections 13103 and 13104. the State Firia Marshal Designee ^re those assistant or Deputy
State Fire Marshals who aid in the enforcement of all laws, regulations and Ordinances
adopted in the State Of Califomia and Is a person who has been designated bv the SFM to
act on his/her behalf In an official capacity.
NOTE: Authority cited: Sections 13101.13103.13104 and 13110. Health and Safetv
Code. Reference: Sections 13101.13103.13104 and 13110. Health and Safetv Code.
924.11. "T" Definitions.
fa) Trainee. A person or Individual worilevel position as described in Section 937.
NOTE: Authority cited: Section 13110. Health and Safetv Code. Reference: Section
924.12. "W" Definitions.
fa) Water-Based Fire Protection Systems. A svstem that includes a wet, dry, pre-action.
and deluge fire sprinkler system, including small hose connections, standoipe svstems.
2/9/17
Private fire service mains and thefeappurtenances. Including hydrants and monitor
nozzles, water sPrav systems, foam water svstems. fire pumps, water storage tanks, low.
medium, and high expansibri foam svstems; and water mist svstems.
NOTE: Authority cited: Section 13110. Health ar>d Safety Code. Referbnce: Section
13110. Health and Safetv Code.
Article 3. Generai Pirovislonsliand^Fee Schedule
P^S; Q^jiera' ProYlsions,
fa) No person shall engage in the installation of water-basedfinsprbtection svstems as
dbfined in Section 924.12 WitBburfi^ beinci certified br reblstered^ i^
these reoulatibns arid havb bbtalnM a certtflcati^^
of the State Fire Marshal fOSFM). An Apprentice or Trainee shall become registered In
accordance with O^e provisions in Article 5.
(b) Application for certification or registration shall be made in writing to the Office of the
State Fire Marshal on fonns AES 1005 or AES lOOSA Provided bv the Office of tiie State
Fire Marshal.
fc) A fee shall accompany ee^ch application for certification or registration as prescrihed
in Section 925.1. All fees rebuired in accordance witti the provisions of Section 13110 of
the Health and Safetv Code shall be made pavable to "CAL FIRE-OSFM".
fd) All fees shall be paid, and mailed to CAL FIRE - Office of Oie State Fire Marshal.
Cashiers Unit -AES Program. P.O. Box 997446. Sacramento. CA 95899-7446.
NOTE: Autiloritv cited: Section 13110. Healtii and Safetv Code. Reference: Sectlbn
13110. Healtil and Safetv Code.
9^25.1. Fee Schedule.
Fees for application or reriewal of anv certification or registration issued pursuant to this
f l ) Sprinkler Fitter Certification $150
f 2) Apprentice Registrati^r) $150
f 3) Trainee Registration $150
f4) Annual Renbwal $150
f6) Reblaeement Certification or Registration Identification Card |25
f6) Commercial Continuing .Education Unit Course Reoisti^ation $150
f7) Multirfaniiiv Residential Gbrltihuihb Education Unit Course Registration $150
f8) Late Fee f50% of aoplicatlbri f i ^ )
NQTE: Autiloritv cited: Section 13110. Healtil and Safetv Code. Reference: Section
13110. Healtil and Safetv Code.
2/9/17
A eQrtlflb<^f jr^Sprinkler FittermaV $UPeryi3ettienumber of apprantices oermitteH in
their Apprentieeship^grftent»^^ fl'n Vldlatbr^are subiefettb a or uormrtinn
gFM^bSiqpee or AN^ and shrill cbhtaih^a^^^ Sname-empioyer,
^ If»Nbtiffb#Vib]atiQn orCofT^ctibii Q^P^
iris
I in HUB ^ t . iJaiiTomia fTrirto rit pari.,.iaMA.,^^B^ tw '
wIttT Section ;^go
929. Stop Work Order
' br^NJ.!determines^at-thei^^^
Pb%^ in accppclanpe vwth Sbctlbn 928.>ha or sfa^fe^Mtl^^^^ i^ilfe ^ ^ ^ ^
protQCtlOp svstem Inquestion has been performed bv duty authorized ^persons
2/9/17
« „ — Cited: Septibhs 13108 and 13110. Health anrf ftdifef
g^ptiOna 13108 afrtd 131:10 Heaittf and
shall be chargeH with a
pijsdemeanor pursuant to^htion i ^ g i ^ ihl^H J t f t a n l f e p ! ^ ^
U ^ S . ^ ^ ^ ' ^ y ' ^ ^ ? ? ! ^ " ^ ^ ^^^^^^ " ^ - ^ ^ ^ n d safety n^^o,
Se^bi^TiiO BuHlho$aahn br Fitter Certification, which has expired^ shall be
conSteferedaribridlfeaiapPilba^^
reoulfjaments of ari original ^bfiiicglbn.
NOTE' Auttibritv clted: Section 13110. Healtii and Safetv Code. Rbferbnce: Section
936. Duplicate J^s^ance.
The Office of ttie Stete Fire Marshal shall issue a duplicate Apprentice or Trainee
Registi^tion Card or a Certification Card in the event of Ibes.ttieft,diamage or destruction
upon receiving an application and fee as prescribbd iri Section 925^1.
NOTE: Auttioritv cited: Section 13110. Health and Safetv Code. Reference: Section
13110. Health and Safetv Code.
937. Fire Sprinkler Fitter Trainee Reoistration.
fa) A person nbt registered in a Califbmia Stete or federally approved apprenticeship
program, shall be registered with the Office ofthe Stete Fire Marshal as a Fire Sprinkler
Fitter Trainee and work within the scope of tiiese regulations as a trainee for up to one (1)
vear from their date of hire.
fb) To be registered as a trainee, an applicant shall meet the following reouiremepts:
f i ) Be 16 years Of age or older.
f2) Complete an Apprentice/Trainee Registration ^plication fAES 1005A)
accompanied bv the fees prescribed in Section 925.1 of these regulations.
f3) Provide proof of emplovment with a licensed Califomia Centimeters State License
Board C-16 contt'actor.
fc) Upon approval of 1ttirough3 above, the applicant will be issued a Trainee
Registration Card.
fd) Individuals mav perform worit within the scope of these regulations for no more ttian
ninety fOO) davs prior to submitting an application to the OSi^M.
fe) Thetaraineeshall Wori< under ttie direct supervision of a Certified Fire Sprinkler Fitter
at all times and shall do tiie following:
f 1) Only perfomi instellation of water-based fire protection svstems for a properiy
licensed Caiifomia Contractors State License Board C-16 contractor.
2/9/17
f2) Be registered Into a Califbmia Stete or federally approved,firespririkier fitter
apprenticeship Program within one f 1) vear of their date of hire.
(f) if tiietralpee lsnbts>c«^^
sprinklerfitterapprenticeship prbbrani witiiin one f 1) year of their date bf hire, the
individual shall nb longer be registered to work witiiin the scope of these regulations.
fg) An original trainee registiration shall be valid from the date of issuance through June
30*". Thereafter, each trainee registration shall be renewed annuallv and is valid from
July 1^' through June ZO^.
NOTE: Autiiority cited: Section 13110. Healtii and Safetv Code. Reference: Siaction
13110>
938. Fire Sprfnklerjj^rtterAl^rerit^^
f a) To be reoistiared as an appreritiee. a shall meet the following
ro^i|ir^moy?^e:
f 1) Be i e years of aoe or older.
f2) Complete an Appreritice/Tralnee Registration Application fAES 1005A)
accompanied by the fees ,prescribed iri^ectibri 925.1 of these regulations.
f3) Provide proof of acceptence into a Stete of Califomia or federally approved fire
sprinkler fitter apprenticeishlp program.
f4) Provide proof of employment witii a licensed Califomia Contractors State License
Board C-16 contractor.
fb) Upon approval of 1 through 4 above, an applicant will be issued an Apprentice
Registration Carijy
fc) The apprentice shall wori< under ttie direct supervision of a Certified Rre Sprinkler
Fitter at all times.
fd) A person possessing an Apprentice Registration shall onlv perfonn Instellation of
water-based fire priatection systems for a prooeriv licensed Califomia CSLB C-1