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1 ROB BONTA
Attorney General of California
2 RUSSELL B. HILDRETH, State Bar No. 166167 FlLED/Ei^OCl mED
Supervising Deputy Attorney General
3 ANDREA M . KENDRICK, State Bar No. 225688
COURTNEY S. CovrNGTON, State Bar No. 259723 JUL 2 5 2022
4 Deputy Attorneys General
1300 I Street, Suite 125 By: H. PEMELTON
5 P.O. Box 944255 Deputy Clerk
Sacramento, CA 94244-2550
6 Telephone: (916)210-7821
Fax: (916) 327-2319
7 E-mail: Ajidrea.Kendrick@doj.ca.gov
Attorneys for Defendants
8 Exempt from filing fees under
Government Code § 6103
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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13 FIRE GUARD CORPORATION; Case No. 34-2019-00249221-CU-CR-GDS
BAHMAN BRIAN SHAHANGIAN, an
14 individual; and CALIFORNIA FIRE EXHIBITS IN SUPPORT OF
PROTECTION COALITION, a California DEFENDANTS' MOTION FOR
15 Corporation; and JUAN CARLOS DEL SUMMARY ADJUDICATION
TORO TREJO, an individual,
16 Reservation No.: 2649022
Plaintiffs, Date: October 11, 2022
17 Time: 1:30 p.m.
Dept.: 53
18 Trial Date: December 5, 2022
19 CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION;
20 CALIFORNIA OFFICE OF THE STATE
FIRE MARSHAL; MIKE RICHWINE, in
21 his official capacity as State Fire Marshal;
JEFFERY SCHWARTZ, in his official
22 capacity as Deputy State Fire Marshal; and
DOES 1 through 10, inclusive,
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Defendants.
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Exhibits in Support of Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS)
1 INDEX TO DEFENDANTS' EXHIBITS
2
Exhibit Description
3
A Initial Statement of Reasons from the rulemaking file related to the
4 California Code of Regulations, Title 19, Division 1, Chapter 5.5,
Automatic Fire Extinguishing Systems Certification, sections 920 through
5 948 (hereafter referred to as the "Regulations"), bates-numbered AFESC-
RF 0056 through AFESC-RF 0075
6 (See Declaration of Diane K. Arend in Support of Defendants' Motion for
Summary Adjudication (Declaration of Diane K. Arend), at ^ 3.)
7
B Amended Initial Statement of Reasons from the rulemaking file relating to
8 the Regulations, bates-numbered AFESC-RF 1252 through AFESC-RF
1306
9
(See Declaration of Diane K. Arend, at 4:)
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C Addendum to the Final Statement of Reasons and the Final Statement of
11 Reasons from the rulemaking file relating to the Regulations, bates-
numbered AFESC-RF 1454 through AFESC-RF 1524
12 (See Declaration of Diane K. Arend, at ^ 5.)
13 D Notice Publication/Regulations Submission received by the Office of
Administrative Law, with the Notice of Proposed Action and Notice of
14 Hearing (45 Day Public Comment Period), bates-numbered AFESC-RF
0046 through AFESC-RF 0054
15
(See Declaration of Dieme K. Arend, at T| 6.)
16
E Notice of Withdrawal from the Office of Administrative Law, which was
17 attached to the Withdrawn Rulemaking File, bates-numbered AFESC-RF
0003
18 (See Declaration of Diane K. Arend, at H 7.)
19 F Notice Publication/Regulations Resubmittal received by the Office of
Administrative Law and stamped Endorsed - Filed in the Office of the
20 Secretary of State, bates-numbered AFESC-RF 1133 through AFESC-RF
1158
21
(See Declaration of Diane K. Arend, at ^ 8.)
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Exhibits in Support of Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS)
1 Dated: July 25, 2022 Respectfully submitted,
2 ROB BONTA
Attorney General of California
3 RUSSELL B . HILDRETH
Supervising Deputy Attorney General
4
6
Attorneys for Defendants
8 ANDREA M . KENDRICK
7 Deputy Attorney General
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36377983.docx
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Exhibits in Support of Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS)
Exhibit A
iSpR Title 19 Chapter S.5 2-2-2016
INITIAL STATEMENT OF REASONS
Punsiiant to Health and Siafety Code Sections the State Fire Marshal (SFM) sha!l
addpiregulatid^ and standards deemed, necessary to control the service, testing^^^ and
malnten^^^^ of automatic extinguishing syste^^ regulations, the
SFM shall era of this National Fire Prbtedipn Assdclatipn (NFPA).
Jhe SFM may deter^ and public welfare will be adequately
served by:
The development of a Certification and Registration prograhi for fire sprinkler Installers,
quaiifying iridlvidua fire sprinkler fitters" for water-based fire protection
systems,;excluding pne and^t^^ sprinkler systems.
Requiring "apprentic to be registered with the OSFM arid enrolled in a Galiforriia
,3tate: or fedpraiiy approved fire sprinkler apprenticesHIp prpgijam Job Related
Bcperience Program.
Requirihg trainees" not rpgistefed for an apprenticeship program to be registered w t h
the OSFM and work for one (1) year under the direbt supervision of ah OSFM "certified
fire sfDrinkler fitter",
The collection of fees for the administratipn of the program.
SREeiFie PURPOSE AND RATIONALE
In Galifomia. fire sprinklers and other automatic fire extinguiishi^
Suppression Systems") may only be installed by a coritractpr cxjmpahy licensed b f itie
Gontractprs State Licensing Board, However, the fire sprinkler fitter, who actually
iristalls fire.sprinkjers in high-rise building^, hotels, apartments hospitals, schPpIs, day
(^re fabilitleSi and industrial buildings, are not required to be, registered, or even
certified. Nor are they required to be trained or have any experience with installing
tHese life safety sys^^ Fire Sprinkler fitters in Galifomia are not nsquired to complete
an appi^enticeship program, or have any training or experience for that matter.
The#F^ 11 A, 13i i m . U , 15,16, 20, 22, 24 and 750, address the
water biaseci national standard pf care for the installation of fire suppression systeriis,
and are adppt^^ by the SFM. Accordingly, it states, "sprinkler systems iand private fire:
service mains are specialized fire prptectioh systerns and shall require knowledgeable
and e^;perienced design and installation". In CalifPrhia, the person who designs the fire
sprinkler'system must be licensed, but not the person who installs it. While Galifomia
adepts the national standard of care, the installer of these life safety systems are not
required to demohstrate his or her knowledge; or experience, nor have any.
Although those who hold a C^l 6 Fire Protection Contractor's License from the
Cpntractof^S; State License Board (GSLB), have hands-on experience at a journey-level
by completing an apprenticeship program or are experienced workers, they are not
tralhees, and hiust equate fPur (4) years of practical experience in one trade, this
practiea! experience Is yeri'fied by a person who has firsthand knovyledge of their
experience during the time period covered. Their completed woriion: Text;revisibn was made so an apprentice applying for
registration will know he/she must meetall 4 requirements and uppn approval an
Apprentice Registration Carcl will be issued.
Section 938(c) text was mpved to 938(e) and amended tp add the text "The apprentice
shall work under the direct supen/isioh of a Certified Fire Sprinkler Filter at ail times"
vi/hich W^s previous in 938(a)^
Ratlonaie for revision: The text was moved due tp therestructuringoftoesectipn,
Sectipn 938(d) was rerlettered.
Rationale for revision: the re-lettering was due to therestructuringof the section.
Sectipn 938(e)'s text was moved from 938(c) and was not amended,
Ratibnale fbr revision: The text was mbved dub to the restructuring of the sectibn.
S#ction;938(f) was amended to add "An original apprentim registratiori shall be mlid
troth the date of issuance through June 30th. Thereafter, each trainee registation shall
be renewed annually and is valid from July 1st through June 30th."
Ratipnaie for revision: This subsectipn was added to state the timeframes an
apprentice registratibn is valid and when it Is required to be renewed. This was hot
previously stated in these regulatipns; therefore, it was added so an apprentice knows
exactly When his/her registration is Valid and how often it is to be renewed.
Section 939 vvas renumbered and amended toremove*fef/7d/?e/7etva/''to the title of the
sectipri.
Rationale for ireVision: Section 940 wasrenumberedto 939 tP reflect theremovalof
Seption 936 in the previous 15-day commerit period. The OSFM neglected to renumbeT
this section after the removal pf 936. "And Renewal"was rempved from the title
because renewal infonnation is located in Section 944, to more accurately reflect the
subject in the sectiPn. and for consistency with section 937.
Sectipn 939(a) Was amendedto"to be certified as a Fire Sprinkler Fitter, an applicant
shall meet the foltov/ing requirements:"
Ratipnaie fb^ The text revision was made to outline the specific requirements
ari applicarit must meet to be certified as a Fire Sprinkler Fitter without having to refer tp
Section 945,
Sectibn 939(a)(1) was added and amended to include the text:. "Be 16 years of age or
older."
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Rationale for revision: Text revision was made to state the requirement that an
applicant must be liS years of age to be certified as a Fire Sprinkler Fitter without having
to refer to Section 945(a). The text is a non-substantive duplication of language from
Sectibn 945(a),
Sectipn 939(a)(2) was added and amended to add the text: "Complete a Sprinkler Fitter
Certificatioh Application (AES 1005) accompanied by the fees prescribed in Section
925.1 of these regulations."
Rationale for revision: Text revision was made to provide tiie specific requii-emerit that
an applicant must submit the AES 1005 application and pay the applicable fee to be
registered as a certified as a Fire Sprinkler Fitter. This text was added so a fire sprinkler
fitter applying for certification will know the specific applicatibn narrie and number tp
cxjmplete fpr certification.
Section 939(a)(3) Was added and amended to add the text; "Provide one of the
following:"
Rationale for revision: Textrevision was made to outline the two documents a fire
sprinkler fitter applying for certification must provide to bea^me certified. This text was
added so a fire sprinkler fitter applying for certification will know what proof he/she must
provide fpr certification.
Section 939(a)(3)(A)'s was added and amended to include the text: "Provide proof of
completion of a State of California or federally approved tire sprinkler fitter
apprenticeship program."
Rationale for revision: Text;revision was made to provide the specific requirernent that
ah applicant must submitproof of completion of a State of Caiifomia or federally
approved fire sprinkler fitter apprenticeship program. This text was added so a fire
sprinkler fitter applying for certification will know to prove proof of completion.
Section 939(a)(3)(B) was added arid amended to add the text: "Proof of a valid State of
Califdmiia Contractors State License Board Fire Protection Cdntractor (C-16) License."
Rationale f o r revision: Text revision was made to prPvide toe specific requlremerit that
an applicant must submit proof of a valid C-16 contractor license to be certified as a fire
sprinkler fitter. This text was added so a fire sprinkler fitter applying for certification will
know to prove proof of a G-16 contractor license.
Section 939(a)(4) was added and amended to add the text: "Pass a written
examination."
Rationale for revision: Text revision was made to state the requirement that an
applicant must pass a written before being certified as a Fire Sprinkler Fitter without
having to refer to Section 940(a). The text Is a non-substantive duplication of language
from Section 940(a).
Section 939(b) was added and amended to include the text: "Upon approval of 1
through 4 above, the applicant will be issued a Certification Card."
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Rationale for revision: Text revision was made so a fire sprinkler fitter applying for
certification will know he/she must meet all 4 requirements and, upon apprbval, a
Certification Card will be issued.
Section 939(c) was re-lettered from 939(b) to 939(c) and "Section 946" was
renumb&red to "Section 945".
Ratipnaie for revision: The re-letterihg was due to the restmeturing bf toe sectiph and
the rehumberirig was to reflect the removal of Section 936 in the previous 15-day
comment period. The OSFM neglected to renumber this section after the removal of
936.
Sectipn 938(d) was re-lettered frorn 939(c) to 939(d).
Ratibnale forrevision: The re-letteririg was due to the restrijcturing of the section.
Septlpn 940 was renumbered from 941 to 940.
Ratlbpals^o^' ''evision: Section 941 was renumbered to 940 to reflect the removal bf
Section 936 in the previous 15-day comment period. The OSFM neglected to renuniber
this; section after the removal of 936.
Section 940(b) was amended to cYtange "failing"to "who has failed," "after receipt" to
"of the date", "examination" to "application", and "application for the intended
exanriiriatiorf io "Sprinkler Fitter Certification Application (AES 1005)."
Ratiohale for revision: Text revision was nnade to change 'ife////?gf''to "who has failed"
fpr gramrriatlcarcon'ectness. text revision to change "afierreceipt"tq "of the date"ta
clarify that the start of toe 30 days is frpm tiie date the Notice of Eligibility letter is issued
and hot toe date the letter IS received by the applicarit. Text revision was made to
change "exam/naf/on" to "application" to clarify that the fee is for applying fpr certification
and pot for an exarriination. Text revision was made to provide the specrRc application
name. This text-w^s added so a fire sprinkler fitter re-applying for certification Will know
toe specific application name and number to complete for certification.
SectiPn;940(c) was amended to remove %"to add "failed,"and to change "after Mrig a
new application and paying the required fee" to "A new Spr/nWer /^rter Cfe/f/ffcafton
Application (AES 1005) along with payment of applicable fees will be required at that
time."
Rationale for revision: Text revisiori was made to remove T f o r grammatical
correctness. Text revision was made to add "failed" to clarify from which examination
the 30. days will begin. Text revision was made to provide the specific application name.
This text was added so a fire sprinkler fitter re^applyirig for certification will know the
specific applicatibh name and number to complete for certification.
Section 940(d)(1) was amended to change 'Yesf'to "exam results", "with" to "by" added
the text "and the Office of the State Fire Marshal will provide a list of the subject areas
where study is needed," and "Requestsshall state the name of the exarhlnee, date of
exam, and hartie o f exam."
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Ratibnale for revision: Text revision was made to change iesf'to "exam results"as
f the review is of the exarti results and notthe entire test. Textrevision was made to
change "with" to "by" to clarify that the QSFM Will conduct the review. Text revision to
add "md the Office of thd State Fire Marshal will provide a list of the subject areas
where stiJdy is needed" to clarify the purpose of the review as this is the intent of the
subsectibn, Ti^xt revision tb add "f^equests shall state the name of the examinee, date
of exam, and name of exam" to butiine the minimum informatiph needed inorder fbr the
OSFM to locate and review the examinee's exam results.
Section 940(d)(2) Was amended to add "name of the examinee, date of the exam,
narne of exam, and."
Ratipnaie, for revision: Text revision to add "name of the examinee, date of the exam,
name of exam^ and" to outline the miriimum infonnation heeded in brder fbr the OSFM
to locate and review the examinee's request.
Section 941 was renumbered and text was amended to change 'T; '' "R/'"C,"to
"C", amend "ivith" to "by", amend ''individual" to "trainee", remove "they are" and add
"pursuant to Section 932."
Ratipnaie for revision: Section 942 was renumbered to 941 toreflectthe removal of
Sectibn 936 in the previous i 5-day comment period . The OSFM neglected to reritimber
this section after the removal of 936. Text revisions to uhcap %""R," "C", tb change
"with" td "by" and to remove "they are" were made for grammatical cpn'ectness.. Text
revision to change "indiyidual''to "trainee" was made tb avbid ambiguity and to clarify
/' , exactly whb shall carry the card. Text revisibn to add "pwrswanffp Secf/op 9^^^
\ „. ' made tb reference the specific sectiPn SuspensioP andrevpcationprocedures are
located.
Section 942 was renumbered and text was amended to change "A," "R," "C,"to "a," "r,"
"c,''"with"to "by", "individuartQ "apprentice", remove %ey are/'and add "pursuant to
Section 932."
Ratibhale for revision: Section 943 was rertumbered to 942 tpreflectthe rempyai of
Section 936 In the previous 15-day comment period. The OSFM neglected to renumber
this section after the removal of 936. Text revisions to uncaps % " ''R," "C."to change
"with" md to remove "they are" Were made for grammatical con^ectness. Text revision
to chainge ''wd/V/dt/a/" to "apprentice" was made to avoid ambiguity and to clarify exactly
who shall cany the card. Text revision to add "pursuant to Section 932." was made to
reference the specific section suspension and revocation procedures are located.
Section 943 was renumbered and text was amended to change ''C", ''C" to "c", "e",
')vith" to/"by", "individual" to "certified fitter", remove "they are" and to add "pursuant to
Section 932."
ftatibriaie for revision: Section 944 was renumbered to 943 to reflect the removalpf
Section 936 Intoeprevious 15-day comriierit period. The OSFM neglected to renumber
this sectibn after the removal of 936. Text revisions to un-capitalize "C", "C" to change
"with" to t>y" and to remove "they are" were riiade for grammatical con-ectness. Text
revision to change "individual" to "certified fitter" was made to avoid ambiguity and to
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AFESC-RF 1263
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clarify exactiy who shall carry the card. Text revision to add "pursuant to Section 932. "^
Was made to refererice the specific section suspension and revocation procedures are
located.
Section 944 was renunibered from 945 tb 944 and "Fitter" was added to the titie.
Ratiohale for revision: Section 945 was renumbered to 944 to reflect the rembyal bf
Seqtion 936 jn the previous 15-day comment period. The OSFM neglected to renumber
this section after the removal of 936. Text revision tb add "Fitter" \n secfibn Titie was
hfiade to clarify that the certification is for a fitter and not an apprentice, Registrations
are for apprentices and certifications are for fitters.
Sectipn 944(a) was amended to change "Application for" to '^Notice of, "and"to "or
Fitter", "applicatiph" to "notice of renewal", "Application for" to "Renewals", "forms" ip "a
notice"and added "signedand."
Rationale for revision: Text revisions to change "application" to "notice" were made aS
certificate and registration hPlders wl|l hot complete an applicatipn but will be provided a
notice to renew from toe OSFM. The notice is a formal receipt that infomis the trainee,
apprentice, or fitter that It is time to reneW; Text revision to add "or F/tter"was made tb
clarify thatthe certification is for a fitter and not an apprentice. Registrations are for
apprentibes and certifications are for fitters. Added "signed and" before accompanied by
the fees,. so toe renewal notice signatory verifies receipt.
jSection 944(b) was amended tP change */App//caf/on/or^to "Notice of," "oFto "for/
ihat has expired" to "which has not met the time tame pursuant to Sections 937(g),
938(f), or 939(d), ""be considered" to ''require," and to rempve "shall require."
Rationale for revision: Text revision to change "Application for" to "Notice o f was
rhade to clarify toat certificate and registratipn holders will not complete an application
but will be provided a notice to renew from the OSFM. Text revision was made tP
change lhat has expired" to "which has not met the time frame pursuant to Sections
037(g), 93B(^, or 939(d)" ioT reference as Section 937(g), 938(f), and 938(d) cbritains
e3 Was amended to change "Proof of prior certification for applicants who
have been certitied but allowed certification to lapse. Such applicants shall take an
exarninatioh without meeting the requirements of (b), (c) or (d) above" to "Applicants
who have been certitied but allowed their certification to laipse, shall provide proof of
prior certitiaation, and shall take an examination without meeting:tiierequirehients of
c (b),.(c) or (d) above."
Rationale for revision: Text revision was made to better clarify the Intent of this
Subsection. This subsection is Intended to allow individuals who have previously been
certified, to becomere-certifiedafter taking an examination without having to provide
their qualifications again.
Section 945(f) was amended to change "all Apprentice/Trainee certitications and
reglstations" to "Trainee and Apprentice Registrations and Fitter Certitications/ "and be
accessible on the" to "to the," and toremove"all aspects of."
Ratipnaie for revision: Text revision was made for darificatiori and to avoid ambiguity.
Revisibn was rnade to distinguish the difference between trainee/apprentice registration
andfitter^certification. Trainees and apprentices become registered andfittersbecome
certified, trainees and apprentices do not become certified. Text revision was made to
remove "all aspects o f as this phrase is confusing.
Section 945(g) was amended to change "shall"to "may."
Rationale for revision: Text revisiori was riiade as toe OSFM deterrhined that it is
better suited to provide the information optionally rather than mandatorily.
Sections 947, 947.1, and 947.2 text were removed.
Rationale for revision: Text revisions removed all JRTER language and references.
After public comment and consultation, the OSFM has detenriined the State would be
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better served by goirig back to the original framewori^ developed by the regulatioris
wori verified by letter oh
company lettdrhead certifying the experience and hours torn the tire sprinkler titter^s
employer and shall be approved by the Office of the State Fire Marshal."
Rationale for revision: Subsection (a)(3) was added to clarify the specific hiethod by
which an applicant riiust provide verification of his/her employment experience, and toe
OSFM must approved the hours to avoid "self-certification".
Sectipn 947(bXwas re-lettered from 947(a)(2) to 947(b).
Rationale for revisibn: Text revlSlph was rhade due to the removal of subsection
947(a)(1) and the subsequent restructuring of the section.
Section 947(c) was re-lettered from 947(a)(3) to 947(G).
Ratibnale for revision: Text revision was made due to the removal Pf subsectiph
947(a){1) and the subsequent restixipturing of the sectiPn. Subsectiori 947(c) was
revised to add toe text "certified sprinkler fitter" for clarification.
Sectibn 947(d) was re-lettered from 947(a)(4) tb 947(d).
Ratibnale for revision: Text revision was made due to toe removal Pf subsectipn
9i47(aj(1) anel the subsequent restmeturing of the section with no regulatory effect.
Sectibn 947(e) was re-lettered from 947(a)(5) to 947(e).
Rationale for revision: Text revision wasrtiade duetp the removal bf subsection
947(a)(1) and the subsequent restructuring of the section with no regulatory effect.
Article 7. Forms
Section 948 was renumbered from 950 to 948. The text Was amended to move toe
revision date of the fpnns next to the fomi numbers and tb remove "and" as well as,
forms AES 1008 and AES 1009.
Ftationaie for revision: Section 950 was renumbered to 948 to reflect the removal of
Sectipn 936 in the previous 15-day comment peribd, and the removal of 947, 947,1, and
947.2 iri this modification. The OSFM neglected to renumber this section after the
removal of 936. Text revision to move the revision date bf the fbrms next to the fomi
nurribers as this is the standard format for listing the revision date of the forni. Text
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revision tb remove "and" was made as one can only be certified or registered and not
both. Text revision to remove toe JRTER applications AES 1008 and AES 1009 were
made as the section pertaining to JRTER has been removed from these regulations.
After public comment and consultation, the OSFM has detertnlned the State would be
better served by going back to the original framework developed by the regulatipns
wortm, Caiifomia Health and Safety Code,
Section 13146 as Well as. Title 24^ California Code of Regulations. A definition is
needed because toe term AHJ is required in other Sections of this chapter ie. Sections
924.1, 927, 928, 929, 930 and 932.
Section 924.1(a) is being adopted to establish the definition of Certified Fire Sprinkler
Fitter.
Necessity: This proposed section Is to describe the criteria for "certified fire sprinkler
fitter," Which needs to be satisfied in order to wori< on Wet-system fire spririkler
installation.
Sectibn 924.1(a)(1) is being adopted to establish the definition of Ceriified Fire Sprinkler
Necessity: This proposed section Is to describe the criteria for "journeyman" fire
sprinkler fitter, which needs to be satisfied in order to work in a certified joumey-level
supervisorial capacity on wet-system fire sprinkler installation. State of Caiifomia
Contractor State License Board Fire Protection Contractor (C-16) License holders have
alr-eady metthe minimum standards fpr the trade as established by the CSLB and are
cpnsidered a "journeyman" fire sprinkler fitter in the State of Caiifomia.
Section 924.1(a)(2) is being adopted to establish the definition of Certified Fire Sprinkler
Fitter.
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Necessity: This proposed sectipn is tb identify those who have been certified by tiie
Office of the State Fire Marshal as opposed to those who have completed an
apprenticeship program or is a CSLB C-16 license holder with other agencies.
Sectibn 924,1(b) is being adopted to establish the definition of Certified Fire Sprinkler
FitterCard.
Necessity: A card will be issued tP a certified fitter to be canied with them on ail jobsltes
arid wiii allpw anyone a means to show proof of compliance pf these regulatipns.
Sectibn 924.1(c) is being adopted to establish the definition of Commercial Certification,
Necessity: This definitipn is needed to distinguish between commercial and mulli-
faniily residentiarcertification. It also Is to clarify who is qualified and permitted to
conduct installation of Commercial water-based fire suppression systems.
Section 924.1(d) is being adopted to establish the definition of Correction Order.
Necessity: Correction Order is a temi used in these regulations and, per APA, a temi
used for regulatory language should be defined. This definition Is needed to distinguish
the difference between a Con'ection Order, Notice of Viblation, and a Notice to Appear.
An irifractlon violatiori of these regulations requires either a Correction Order or Notice of
yiolatibn and the definition describes the difference between the two.
Sectipn 924.2(a) is being adopted tp establish the definitipn of Direct Supen/isipn.
Necessity: This proposed definition is to describe the criteria on-site supervision is
intended to describe job-specific fire sprinkler system installation oversight of "trainees"
and;"apprentices" by certified joumey-level fire sprinkler fitter Installer.
Sectipn 924.3(a) is being adopted to establish the definition of a Fire Sprinkler Fitter.
Necessity: This proposed defiriitipn is needed classify a "Fire Sprinkler Fitter" so an
individual sprinkler fitter who has cbmplied with the certification requirenients bf tois
Chapter In SeGtlons 937,938, or 939 can be clear on what areas of sprinkler wort<:are
acceptable.
Sectibn 924.4(a) is being adopted to establish the definition of Installation.
Necessity: This proposed definition is to identify those wet-system fire protection
systems identified in Section 923 of this Chapter, and includes retrofits, modifications,
and repairs so individuals are clear on the acceptable areas of sprinkler work.
Section 924.5(a) is being adopted to establish the definition of a Journeyman.
Necessity: This definition is needed as most individuals do npt know the definitipn of
"joumeyman" as a person who has successfully completed the minimum required hours
and years in a specific trade. Those who have completed a fire sprinkler fitter
apprenticeship program have met tois definition. The Office of toe State Fire Marshal
identifies those who have been previously certified by the Office of the State Fire
23
AFESC-RF 1274
12/15/16
Marshal as afiresprinkler fitter and considers thern a "journeyman" and met toe
minimum requirements as opposed to those who have completed an apprenticeship
program.
SeGtibn 924.6(a) is being adopted tb establish the definition of a llpensee.
Necisslty: This proposed definitiph is toplaSsIfy a "Licensee" defined as an iridlvidual
whp is a license holder with the Galifomia Contractbr State LicenSe Bpard Fire Pnotectibn
Cpntrpctor as a C-16, Fire Protection Contractor, whb has complied Withtoeregistration
requiremerits of that contracting agency so their license can be accepted tb do Sprinkler
wbrk Iri accordance with these regulations.
Sectibn 924.7(a) is being adbpted to establish the definitibn of Multi-farinily Residential
Certification.
Necessity: This definition is needed to distinguish between Multi-family residejiitlaj arid
commercial certification to clarify who is qualified and permitted to conduct installatibh pf
Multi-familyresidentialwater-based fire suppression systems..
Sectibn.,924.7(b) is being adopted to estoblish the definitipn pf Multi-fariiily residential
structures.
Necessity: this propbsed definition IS added as a non-substanttVe;duplication pf
existing language from the Government Code Section 12955,1 forthepurpose bf
clarification. The number of units and height of tiie building is heeded so installers are
clear pn the scppe bf work for installations they are certified in,
Sectipn 924.8(a) is bejng adopted to establish the definition of Notice to Appear,
hiebessity: Notice to Appear is a term used in these regulations and, per APA, a temi
used for iBgulatbry language should be defined. The proposed definition is to clarify toe
temi "isibtipextp Appear." Caiifomia Health and Safety Godie states any violation of
statute is a misdemeanpr and is written on a NPtice to Appear. Anyone vyhb violates tbe
provisions of this Chapter IS in violatiPn of Health and Safety Code Section 13110 and
may receive a Nptice to Appear; therefore, the term Notice to Appear must;be define to
clarify the differences between a misdemeanor and an infraction.
Sectibn 924.8(b) is being adopted to establish the definition pf Notice pf Violation.
Necessity: Notice of Vibiatibn is a term used in these regulations and, per APA, a temi
used for regulator^ language Should be defined. The propbsed definition istp clarify toe
teim "Notice of Violation." This definitipn is needed to distinguish the difference betweeri
a Gbrirection Order, Notice ofViolatlpn, and a Notice to Appear. An infraction violation bf
toese regulations requires either a Notice of Violation br a Correction Order and this
defiriitipn describes the dijpference between the two. A Nptice of Violation gives a
timeframe'to correct the problerri so those in violatiPn know what is wrong and when the
Violation must be completed.
24
AFESC-RF 1275
12/15/16
Section 924.9(a) is being adopted to establish the definition of Registered Fire Sprinkler
Fitter.
Necessity: Registered Fire Sprinkler Fitter is a title used in these regulations and per
APA, a term used for regulatory language should be defined. This proposed definition Is
needed to Ideritify those individual sprinkler fitter trainees or apprentices who have
complied With theregistrationrequirementsof this Chapter, and who have been
registered by the Office of the State Fire Marshal.
Section 924.9(b) is being adopted to establish the definition of Repair.
Necessity: This proposed definition is to define restoration work of afiresprinkler
system to worideS for installing water-based fire suppression systems which is necessaty to
ensure life safety for the citizens of Galifomia.
Sectioh 940(b) is adopted to require any applicant who has failed to schedule an
examination withiri 30 days must forfeit fees and must re-apply with a new AES 1005
application.
Necessity: The OSFM proposes this section aS it is needed to establish a cut-off date
for applicants to schedule an examination otherwise; applicants rhay wait an indefinite
amountpf time to schedule an examination. The application fee mUst be forfeited as
the OSFM has spent the wori< and time processing the application. After weighing the
41
AFESC-RF 1292
12/15/16.
OSFM's exam procedures, the 30-day timeframe was detenrriined by the OSFM aS a
sufficient amount of time for an applicant to contact the OSFM to schedule ah exani. A
new AES1005 application is needed as the individual who has failed to schedule an
examiriatipn Will be considered a new applicant.
Secti'bn 94p(c) is adppted to require any applicant whb has failed an examihatibn, and
who wishes toj re-apply, niust cpriiplete a new AES 1QQ5 applicatipn and pay the
applicable fees.
Necessity: t h e OSFM prpposes this section as a C-16 license tp deterpiine
qualification for examination may become expired and it is necessary tp re-evaluate if
an applicant who has failed an examination still meets the minimum qualifications, A
new AES 1005 applicatipn is needed as the individual who has failed the examiriatipn
Will be cbhsidered a new applicant for the re-evaiuation. After weighing the amount of
time it fakes for the OSFM tb process exams, results, and potential challenges tb
individual questions, the 3d-day tiriieframe was determined by the OSFM as a Sufficierit
amount bf tipie for an applicant to wait to reapply.
Section 940(d) Is adopted to provide individuals the right to contest the validity of
Individual exam questions.
Necessity: The OSFM proposes this section as it Is necessary in the interest of
fairness, t h e OSFM allows examinees the right to contestthe validity of individual
exam questions to ensure technical accuracy, clarity, relevance, and absence Pf
artibiguify and bias.
Sectibh 940(d)(1) is adopted to state the timeframe and process by which an examinee
hiay request a review of his/her exam results.
Necessity: The OSFM proposes toiS sectiop as it is necessaty in the interest of
fairriess. The OSFM allows examinees the right tP request to review their exam nssults,
to erisure technical adcuracy, clarity,; relevance, and abserice of ambiguity and bias.
However, provisions of State law and the fact that testing materials are subject to fiiture
use, means that test items, scoring keys, and other testing materials are legally
Categorized as cbnfidentiarinfbrmatibn. Tp balance the need of a candidate to
urideretarid their examinatipn performance with our test confidentiality and security
concerns. This is why only the general areas of study will be addressed and not
specific questions. After weighing the amount of time it takes for the OSFM to process
exams-and results, the 15-day deadline was detenmined by the OSFM as a sufficient
amount of time for an applicarit to request a review. The 6SFM requires that requests
state the name of examinee, date of exam, and name of exam aS this basic infonnation
is needed to locate and research a request.
Sectipn 940(d)(2) is adopted to state the timeframe and process by Which an examinee
may Ghallenge individual exam questions.
42
AFESC-RF 1293
•12/15/16.
Necessity: The OSFM proposes this section as it is necessary iri the interest of
faimess. Tbe OSFM allows examinees therightto contest the validity of individual
exam questloris tp ensure technical accuracy, clarity, relevance, and absence of
ambiguity and bias, It isriecessatyto establish a ci^nsff date for applicants tb chaife^^^
individual examination questions. After weighing the arheunt of time it takes ari
individual tb research the applicable subject, the 72-hour deadline Was deterriiihed fay
toe O S F M as a sufficient amount of tirne for an applicant tp request a challenge. The
OSFM requires that requests state the name of examinee, date of exam, nariiepf exam,
and reason as this basic information is needed to locate and research a request.
Section 940(d)(3) is adopted to state that decisions regarding challenges shall be made
by the OSFM and decisions are final.
Necessity: the OSFM proposes this section as it is necessary as the program is
admiriistered ,by the OSFM and challenges will be reviewed on a case-by-case basis. It
is necessaty to state decisions are final so toe OSFM will not be unnecessarily
burdened by having to research andreviewmultiple requests for the same question,
Sectibri 940(d)(4) is adopted to state that actions as a result of a challenge shall be
refleetedin all future exartiiriations but not affect results of any past examination.
Necessity* The OSFM propPses this section as it is necessary in the interest of
fairness to apply any changes to contested questions in future examinations. It is
necessaty to state that past examinations will not be affected bebaUse the OSFM will be
unnecessarily burdened by having toresearchand adjust evety exam score that
contained the contested question when it may or may not affect the result of the exam.
Section §41 is adopted to require that the registered Fire Sprinkler Trainee carry their
respective proof Pf registration upon their person when working withiri toe scope of this
Chapter, aridlthat alteration or fraudulent use is prohibited and shall result in suspension
and possible revocation.
Necessity: the OSFM proposes this section as it is necessary to erisure that those
who are installing water-based fire protection systems have a card to prove they are
registered as a qualified individual to perfonn the Installation. This will also provide the
SFM, SFM Designee or AHJ a means of verifying that an individual performing
installation is certified by the OSFM and to prevent misrepresentation, fraud, identify
theft, and the use of invalid documents.
Section 942 is adopted to require that the registered apprentice cany their respective
propf of registration upon their person when worthing within the scope of this Chapter,
and that alterationpr fraudulent use is prohibited and shall result In suspension and
possible revocation.
Necessity: The OSFM proposes this section as it is necessaty to ensure that those
who are installing water-based fire protection systems have a card to prove they are
registered as a qualified individual to perform the installation. This will also provide the
43
AFESC-RF 1294
12/15/16;
SFM, SFM Designee or AHJ a means of verifying that an individual performing
installation is certified by the OSFM arid to prevent misrepresentation, fraud, identity
toeft, ahd the use of invalid documents.
SectiPn 943 is adppted to require that the certified fitter cany his/her respective propf bf
eertificatipn upon toeir person when Working within the scope of this Chapter, and that
alteratipn or fraudulent use is prohibited arid shall result in suspension and possible
revocatibh.
Necessity: The OSFM proposes this section as it is necessary to ensure that those
Who are installing water-based fire protection systems have a card to prove they are
certified as a qualified individual to perfonn the inStallatipn. this will also provide toe
SFM, SFM Designee br AHJ a means of verifyirig that ari individual perfbrming
Installatibn is certified by the OSFM and to prevent misrepresehtotion, fraud, identity
theft, and toe use of invalid documents.
Section 9 ^ ( a ) Is adopted to require renewal, and payment of renewal fees, of a
certification or registration be made in writing on a notice provided by the OSFM on pr
before May 1^* of the yeai- in Which the cunrent certification or registratipn expires, if npt^
a late fee will be charge.
Necessity: The OSFM projposes this section as it is necessaty to establish a timeframe
the Gertifibation is valid for It is necessaty for the renewal peribd tb be set Up to meet
the budgetaty requirements for toe State of Galiforiiia. Galrfomia State fiscal year Is JCily
Ist through June 30^; therefbre, the July I^Vthrough June 30^ timeframe was;chosen to
coincide with the State fiscal year and to cpnfbrm to otiier OSFM prbgranis that IS
statutory required. It is necessary that renewals are done evety year as the Department
pf Finance requires renewals be evety year It is necessaty to require renewals be
made two rtionths pripr to the expiration date. By setting this deadline it allows the
OSFM adequate;tiriie to nptice ail certificate and registration holders and fbr them; to
rpturri their notice of renewal for processing. In addition, it has been determined frprn
thpSe pther programs that this timeframe has been tried arid tested and found to worit
effectively. It is necessaty to collect fees to cover the operating costs associated With
processing a late renewal request. The 50% penalty is an OSFM standard amount
amongst all its programs due to statutoty requirement.
SectiPn 944(b) is adopted to require an original application from a certified or registered
individual if a certification pr registration has expired.
Necessity: The OSFM proposes this section as it is necessary to request the iridividual
Itoporhplete a new applicatibn so the OSFM may re-evaiuate the individual's
qualificatiohs. This also places the responsibility to maintain toe validity of certificates
or registrations oh those who hbld the credentials, othenA/ise without harsh
corisequences; the SFM would be unnecessarily burdened having to track down those
who have not renewed. This maintains consistency with Sections 937(g), 938(f), and
939(d).
44
AFESC-RF 1295
12/15/16
Section 944(c) is adopted to require that evety 3 years, proof of completion of GEUs be
submitted along with toe notice of renewal as well as stipulate the process for
noncompliance.
Necessity: The OSFM proposes this sectibn as it IS necessary to erisure fittere remain
current in the changing standards of their prpfesSioh. It is necessaty tp request propf of
completiori of CEUs evety 3 years because the national standard; updates and changes
evety 3 years. Proof is needed to be provided by the applicant as the OSFM would be
unnecessarily burdened having to track down CEU course completion information for
evety certified fitter's renewal. Renewals made without proof of completion need to be
rejected because without proof, the OSFM has no way of verifying that the certified fitter
has knPv^edge to properiy install water'-based fire prbtection systems to the current
standards, t h e prpcess for nopcxsmpliance is necessaty to provide a certified fitter a
means to reapply for certification once the CEU's have been met. The requirement to
reapply is necessary to re^evaluate if a certified fitter Who has failed to provide proof of
GEU completipn still meets toe minimurn qualificatipns of a certified fitter Ah AES 1005
application from the individual who has failed to comply will be considered a hew
applicant for re-evaluation and the written examination Is required for all new applicants.
Sectioh 945(a) is adopted to state toe minimum age requirement.
Necessity: t h e OSFM proposes this section as it is necessaty because the minimum
age requirement pursuant to the Lat)or Code is 16 years of age.
Sectipn 945(b) is adopted tp specify the application name and number required to
apply for certification and toe type of docurhentation required be submitted in
conjunction with the certification application.
Necessity: The OSFM proposes tois Section as it is necessaty to complete an,
applicatibn for the OSFM to gather pertinent information and proof of meeting the
minimum requirernents from the individual applying for certificatibn.
Sectioh 945(b)(1) is adopted to state an applicant may provide documentation he/she
meets the minimum time requiremerits bf Section 945(c) br (d) arid has completed a
Galifomia State br federally approved Fire Spririkler Fitter Apprenticeship Program to
apply for certification.
Necessity: The OFSM proposes this section as it is necessary to outline that the
minimum qualifications are stated in Section 945(c) and (d) which an applicant for
certificatioh must have alo
Preview
1 ROB BONTA Attorney General of California 2 RUSSELL B. HILDRETH, State Bar No. 166167 FlLED/Ei^OCl mED Supervising Deputy Attorney General 3 ANDREA M . KENDRICK, State Bar No. 225688 COURTNEY S. CovrNGTON, State Bar No. 259723 JUL 2 5 2022 4 Deputy Attorneys General 1300 I Street, Suite 125 By: H. PEMELTON 5 P.O. Box 944255 Deputy Clerk Sacramento, CA 94244-2550 6 Telephone: (916)210-7821 Fax: (916) 327-2319 7 E-mail: Ajidrea.Kendrick@doj.ca.gov Attorneys for Defendants 8 Exempt from filing fees under Government Code § 6103 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 FIRE GUARD CORPORATION; Case No. 34-2019-00249221-CU-CR-GDS BAHMAN BRIAN SHAHANGIAN, an 14 individual; and CALIFORNIA FIRE EXHIBITS IN SUPPORT OF PROTECTION COALITION, a California DEFENDANTS' MOTION FOR 15 Corporation; and JUAN CARLOS DEL SUMMARY ADJUDICATION TORO TREJO, an individual, 16 Reservation No.: 2649022 Plaintiffs, Date: October 11, 2022 17 Time: 1:30 p.m. Dept.: 53 18 Trial Date: December 5, 2022 19 CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION; 20 CALIFORNIA OFFICE OF THE STATE FIRE MARSHAL; MIKE RICHWINE, in 21 his official capacity as State Fire Marshal; JEFFERY SCHWARTZ, in his official 22 capacity as Deputy State Fire Marshal; and DOES 1 through 10, inclusive, 23 Defendants. 24 25 26 27 28 Exhibits in Support of Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS) 1 INDEX TO DEFENDANTS' EXHIBITS 2 Exhibit Description 3 A Initial Statement of Reasons from the rulemaking file related to the 4 California Code of Regulations, Title 19, Division 1, Chapter 5.5, Automatic Fire Extinguishing Systems Certification, sections 920 through 5 948 (hereafter referred to as the "Regulations"), bates-numbered AFESC- RF 0056 through AFESC-RF 0075 6 (See Declaration of Diane K. Arend in Support of Defendants' Motion for Summary Adjudication (Declaration of Diane K. Arend), at ^ 3.) 7 B Amended Initial Statement of Reasons from the rulemaking file relating to 8 the Regulations, bates-numbered AFESC-RF 1252 through AFESC-RF 1306 9 (See Declaration of Diane K. Arend, at 4:) 10 C Addendum to the Final Statement of Reasons and the Final Statement of 11 Reasons from the rulemaking file relating to the Regulations, bates- numbered AFESC-RF 1454 through AFESC-RF 1524 12 (See Declaration of Diane K. Arend, at ^ 5.) 13 D Notice Publication/Regulations Submission received by the Office of Administrative Law, with the Notice of Proposed Action and Notice of 14 Hearing (45 Day Public Comment Period), bates-numbered AFESC-RF 0046 through AFESC-RF 0054 15 (See Declaration of Dieme K. Arend, at T| 6.) 16 E Notice of Withdrawal from the Office of Administrative Law, which was 17 attached to the Withdrawn Rulemaking File, bates-numbered AFESC-RF 0003 18 (See Declaration of Diane K. Arend, at H 7.) 19 F Notice Publication/Regulations Resubmittal received by the Office of Administrative Law and stamped Endorsed - Filed in the Office of the 20 Secretary of State, bates-numbered AFESC-RF 1133 through AFESC-RF 1158 21 (See Declaration of Diane K. Arend, at ^ 8.) 22 23 /// 24 /// 25 /// 26 27 28 Exhibits in Support of Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS) 1 Dated: July 25, 2022 Respectfully submitted, 2 ROB BONTA Attorney General of California 3 RUSSELL B . HILDRETH Supervising Deputy Attorney General 4 6 Attorneys for Defendants 8 ANDREA M . KENDRICK 7 Deputy Attorney General 9 SA2019300028 36377983.docx 10 •' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibits in Support of Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS) Exhibit A iSpR Title 19 Chapter S.5 2-2-2016 INITIAL STATEMENT OF REASONS Punsiiant to Health and Siafety Code Sections the State Fire Marshal (SFM) sha!l addpiregulatid^ and standards deemed, necessary to control the service, testing^^^ and malnten^^^^ of automatic extinguishing syste^^ regulations, the SFM shall era of this National Fire Prbtedipn Assdclatipn (NFPA). Jhe SFM may deter^ and public welfare will be adequately served by: The development of a Certification and Registration prograhi for fire sprinkler Installers, quaiifying iridlvidua fire sprinkler fitters" for water-based fire protection systems,;excluding pne and^t^^ sprinkler systems. Requiring "apprentic to be registered with the OSFM arid enrolled in a Galiforriia ,3tate: or fedpraiiy approved fire sprinkler apprenticesHIp prpgijam Job Related Bcperience Program. Requirihg trainees" not rpgistefed for an apprenticeship program to be registered w t h the OSFM and work for one (1) year under the direbt supervision of ah OSFM "certified fire sfDrinkler fitter", The collection of fees for the administratipn of the program. SREeiFie PURPOSE AND RATIONALE In Galifomia. fire sprinklers and other automatic fire extinguiishi^ Suppression Systems") may only be installed by a coritractpr cxjmpahy licensed b f itie Gontractprs State Licensing Board, However, the fire sprinkler fitter, who actually iristalls fire.sprinkjers in high-rise building^, hotels, apartments hospitals, schPpIs, day (^re fabilitleSi and industrial buildings, are not required to be, registered, or even certified. Nor are they required to be trained or have any experience with installing tHese life safety sys^^ Fire Sprinkler fitters in Galifomia are not nsquired to complete an appi^enticeship program, or have any training or experience for that matter. The#F^ 11 A, 13i i m . U , 15,16, 20, 22, 24 and 750, address the water biaseci national standard pf care for the installation of fire suppression systeriis, and are adppt^^ by the SFM. Accordingly, it states, "sprinkler systems iand private fire: service mains are specialized fire prptectioh systerns and shall require knowledgeable and e^;perienced design and installation". In CalifPrhia, the person who designs the fire sprinkler'system must be licensed, but not the person who installs it. While Galifomia adepts the national standard of care, the installer of these life safety systems are not required to demohstrate his or her knowledge; or experience, nor have any. Although those who hold a C^l 6 Fire Protection Contractor's License from the Cpntractof^S; State License Board (GSLB), have hands-on experience at a journey-level by completing an apprenticeship program or are experienced workers, they are not tralhees, and hiust equate fPur (4) years of practical experience in one trade, this practiea! experience Is yeri'fied by a person who has firsthand knovyledge of their experience during the time period covered. Their completed woriion: Text;revisibn was made so an apprentice applying for registration will know he/she must meetall 4 requirements and uppn approval an Apprentice Registration Carcl will be issued. Section 938(c) text was mpved to 938(e) and amended tp add the text "The apprentice shall work under the direct supen/isioh of a Certified Fire Sprinkler Filter at ail times" vi/hich W^s previous in 938(a)^ Ratlonaie for revision: The text was moved due tp therestructuringoftoesectipn, Sectipn 938(d) was rerlettered. Rationale for revision: the re-lettering was due to therestructuringof the section. Sectipn 938(e)'s text was moved from 938(c) and was not amended, Ratibnale fbr revision: The text was mbved dub to the restructuring of the sectibn. S#ction;938(f) was amended to add "An original apprentim registratiori shall be mlid troth the date of issuance through June 30th. Thereafter, each trainee registation shall be renewed annually and is valid from July 1st through June 30th." Ratipnaie for revision: This subsectipn was added to state the timeframes an apprentice registratibn is valid and when it Is required to be renewed. This was hot previously stated in these regulatipns; therefore, it was added so an apprentice knows exactly When his/her registration is Valid and how often it is to be renewed. Section 939 vvas renumbered and amended toremove*fef/7d/?e/7etva/''to the title of the sectipri. Rationale for ireVision: Section 940 wasrenumberedto 939 tP reflect theremovalof Seption 936 in the previous 15-day commerit period. The OSFM neglected to renumbeT this section after the removal pf 936. "And Renewal"was rempved from the title because renewal infonnation is located in Section 944, to more accurately reflect the subject in the sectiPn. and for consistency with section 937. Sectipn 939(a) Was amendedto"to be certified as a Fire Sprinkler Fitter, an applicant shall meet the foltov/ing requirements:" Ratipnaie fb^ The text revision was made to outline the specific requirements ari applicarit must meet to be certified as a Fire Sprinkler Fitter without having to refer tp Section 945, Sectibn 939(a)(1) was added and amended to include the text:. "Be 16 years of age or older." 9 AFESC-RF 1260 12/15/16 Rationale for revision: Text revision was made to state the requirement that an applicant must be liS years of age to be certified as a Fire Sprinkler Fitter without having to refer to Section 945(a). The text is a non-substantive duplication of language from Sectibn 945(a), Sectipn 939(a)(2) was added and amended to add the text: "Complete a Sprinkler Fitter Certificatioh Application (AES 1005) accompanied by the fees prescribed in Section 925.1 of these regulations." Rationale for revision: Text revision was made to provide tiie specific requii-emerit that an applicant must submit the AES 1005 application and pay the applicable fee to be registered as a certified as a Fire Sprinkler Fitter. This text was added so a fire sprinkler fitter applying for certification will know the specific applicatibn narrie and number tp cxjmplete fpr certification. Section 939(a)(3) Was added and amended to add the text; "Provide one of the following:" Rationale for revision: Textrevision was made to outline the two documents a fire sprinkler fitter applying for certification must provide to bea^me certified. This text was added so a fire sprinkler fitter applying for certification will know what proof he/she must provide fpr certification. Section 939(a)(3)(A)'s was added and amended to include the text: "Provide proof of completion of a State of California or federally approved tire sprinkler fitter apprenticeship program." Rationale for revision: Text;revision was made to provide the specific requirernent that ah applicant must submitproof of completion of a State of Caiifomia or federally approved fire sprinkler fitter apprenticeship program. This text was added so a fire sprinkler fitter applying for certification will know to prove proof of completion. Section 939(a)(3)(B) was added arid amended to add the text: "Proof of a valid State of Califdmiia Contractors State License Board Fire Protection Cdntractor (C-16) License." Rationale f o r revision: Text revision was made to prPvide toe specific requlremerit that an applicant must submit proof of a valid C-16 contractor license to be certified as a fire sprinkler fitter. This text was added so a fire sprinkler fitter applying for certification will know to prove proof of a G-16 contractor license. Section 939(a)(4) was added and amended to add the text: "Pass a written examination." Rationale for revision: Text revision was made to state the requirement that an applicant must pass a written before being certified as a Fire Sprinkler Fitter without having to refer to Section 940(a). The text Is a non-substantive duplication of language from Section 940(a). Section 939(b) was added and amended to include the text: "Upon approval of 1 through 4 above, the applicant will be issued a Certification Card." 10 AFESC-RF 1261 12/15/16 Rationale for revision: Text revision was made so a fire sprinkler fitter applying for certification will know he/she must meet all 4 requirements and, upon apprbval, a Certification Card will be issued. Section 939(c) was re-lettered from 939(b) to 939(c) and "Section 946" was renumb&red to "Section 945". Ratipnaie for revision: The re-letterihg was due to the restmeturing bf toe sectiph and the rehumberirig was to reflect the removal of Section 936 in the previous 15-day comment period. The OSFM neglected to renumber this section after the removal of 936. Sectipn 938(d) was re-lettered frorn 939(c) to 939(d). Ratibnale forrevision: The re-letteririg was due to the restrijcturing of the section. Septlpn 940 was renumbered from 941 to 940. Ratlbpals^o^' ''evision: Section 941 was renumbered to 940 to reflect the removal bf Section 936 in the previous 15-day comment period. The OSFM neglected to renuniber this; section after the removal of 936. Section 940(b) was amended to cYtange "failing"to "who has failed," "after receipt" to "of the date", "examination" to "application", and "application for the intended exanriiriatiorf io "Sprinkler Fitter Certification Application (AES 1005)." Ratiohale for revision: Text revision was nnade to change 'ife////?gf''to "who has failed" fpr gramrriatlcarcon'ectness. text revision to change "afierreceipt"tq "of the date"ta clarify that the start of toe 30 days is frpm tiie date the Notice of Eligibility letter is issued and hot toe date the letter IS received by the applicarit. Text revision was made to change "exam/naf/on" to "application" to clarify that the fee is for applying fpr certification and pot for an exarriination. Text revision was made to provide the specrRc application name. This text-w^s added so a fire sprinkler fitter re-applying for certification Will know toe specific application name and number to complete for certification. SectiPn;940(c) was amended to remove %"to add "failed,"and to change "after Mrig a new application and paying the required fee" to "A new Spr/nWer /^rter Cfe/f/ffcafton Application (AES 1005) along with payment of applicable fees will be required at that time." Rationale for revision: Text revisiori was made to remove T f o r grammatical correctness. Text revision was made to add "failed" to clarify from which examination the 30. days will begin. Text revision was made to provide the specific application name. This text was added so a fire sprinkler fitter re^applyirig for certification will know the specific applicatibh name and number to complete for certification. Section 940(d)(1) was amended to change 'Yesf'to "exam results", "with" to "by" added the text "and the Office of the State Fire Marshal will provide a list of the subject areas where study is needed," and "Requestsshall state the name of the exarhlnee, date of exam, and hartie o f exam." 11 AFESC-RF 1262 ' 12/15/16 Ratibnale for revision: Text revision was made to change iesf'to "exam results"as f the review is of the exarti results and notthe entire test. Textrevision was made to change "with" to "by" to clarify that the QSFM Will conduct the review. Text revision to add "md the Office of thd State Fire Marshal will provide a list of the subject areas where stiJdy is needed" to clarify the purpose of the review as this is the intent of the subsectibn, Ti^xt revision tb add "f^equests shall state the name of the examinee, date of exam, and name of exam" to butiine the minimum informatiph needed inorder fbr the OSFM to locate and review the examinee's exam results. Section 940(d)(2) Was amended to add "name of the examinee, date of the exam, narne of exam, and." Ratipnaie, for revision: Text revision to add "name of the examinee, date of the exam, name of exam^ and" to outline the miriimum infonnation heeded in brder fbr the OSFM to locate and review the examinee's request. Section 941 was renumbered and text was amended to change 'T; '' "R/'"C,"to "C", amend "ivith" to "by", amend ''individual" to "trainee", remove "they are" and add "pursuant to Section 932." Ratipnaie for revision: Section 942 was renumbered to 941 toreflectthe removal of Sectibn 936 in the previous i 5-day comment period . The OSFM neglected to reritimber this section after the removal of 936. Text revisions to uhcap %""R," "C", tb change "with" td "by" and to remove "they are" were made for grammatical cpn'ectness.. Text revision to change "indiyidual''to "trainee" was made tb avbid ambiguity and to clarify /' , exactly whb shall carry the card. Text revisibn to add "pwrswanffp Secf/op 9^^^ \ „. ' made tb reference the specific sectiPn SuspensioP andrevpcationprocedures are located. Section 942 was renumbered and text was amended to change "A," "R," "C,"to "a," "r," "c,''"with"to "by", "individuartQ "apprentice", remove %ey are/'and add "pursuant to Section 932." Ratibhale for revision: Section 943 was rertumbered to 942 tpreflectthe rempyai of Section 936 In the previous 15-day comment period. The OSFM neglected to renumber this section after the removal of 936. Text revisions to uncaps % " ''R," "C."to change "with" md to remove "they are" Were made for grammatical con^ectness. Text revision to chainge ''wd/V/dt/a/" to "apprentice" was made to avoid ambiguity and to clarify exactly who shall cany the card. Text revision to add "pursuant to Section 932." was made to reference the specific section suspension and revocation procedures are located. Section 943 was renumbered and text was amended to change ''C", ''C" to "c", "e", ')vith" to/"by", "individual" to "certified fitter", remove "they are" and to add "pursuant to Section 932." ftatibriaie for revision: Section 944 was renumbered to 943 to reflect the removalpf Section 936 Intoeprevious 15-day comriierit period. The OSFM neglected to renumber this sectibn after the removal of 936. Text revisions to un-capitalize "C", "C" to change "with" to t>y" and to remove "they are" were riiade for grammatical con-ectness. Text revision to change "individual" to "certified fitter" was made to avoid ambiguity and to 12 AFESC-RF 1263 12/15/16 clarify exactiy who shall carry the card. Text revision to add "pursuant to Section 932. "^ Was made to refererice the specific section suspension and revocation procedures are located. Section 944 was renunibered from 945 tb 944 and "Fitter" was added to the titie. Ratiohale for revision: Section 945 was renumbered to 944 to reflect the rembyal bf Seqtion 936 jn the previous 15-day comment period. The OSFM neglected to renumber this section after the removal of 936. Text revision tb add "Fitter" \n secfibn Titie was hfiade to clarify that the certification is for a fitter and not an apprentice, Registrations are for apprentices and certifications are for fitters. Sectipn 944(a) was amended to change "Application for" to '^Notice of, "and"to "or Fitter", "applicatiph" to "notice of renewal", "Application for" to "Renewals", "forms" ip "a notice"and added "signedand." Rationale for revision: Text revisions to change "application" to "notice" were made aS certificate and registration hPlders wl|l hot complete an applicatipn but will be provided a notice to renew from toe OSFM. The notice is a formal receipt that infomis the trainee, apprentice, or fitter that It is time to reneW; Text revision to add "or F/tter"was made tb clarify thatthe certification is for a fitter and not an apprentice. Registrations are for apprentibes and certifications are for fitters. Added "signed and" before accompanied by the fees,. so toe renewal notice signatory verifies receipt. jSection 944(b) was amended tP change */App//caf/on/or^to "Notice of," "oFto "for/ ihat has expired" to "which has not met the time tame pursuant to Sections 937(g), 938(f), or 939(d), ""be considered" to ''require," and to rempve "shall require." Rationale for revision: Text revision to change "Application for" to "Notice o f was rhade to clarify toat certificate and registratipn holders will not complete an application but will be provided a notice to renew from the OSFM. Text revision was made tP change lhat has expired" to "which has not met the time frame pursuant to Sections 037(g), 93B(^, or 939(d)" ioT reference as Section 937(g), 938(f), and 938(d) cbritains e3 Was amended to change "Proof of prior certification for applicants who have been certitied but allowed certification to lapse. Such applicants shall take an exarninatioh without meeting the requirements of (b), (c) or (d) above" to "Applicants who have been certitied but allowed their certification to laipse, shall provide proof of prior certitiaation, and shall take an examination without meeting:tiierequirehients of c (b),.(c) or (d) above." Rationale for revision: Text revision was made to better clarify the Intent of this Subsection. This subsection is Intended to allow individuals who have previously been certified, to becomere-certifiedafter taking an examination without having to provide their qualifications again. Section 945(f) was amended to change "all Apprentice/Trainee certitications and reglstations" to "Trainee and Apprentice Registrations and Fitter Certitications/ "and be accessible on the" to "to the," and toremove"all aspects of." Ratipnaie for revision: Text revision was made for darificatiori and to avoid ambiguity. Revisibn was rnade to distinguish the difference between trainee/apprentice registration andfitter^certification. Trainees and apprentices become registered andfittersbecome certified, trainees and apprentices do not become certified. Text revision was made to remove "all aspects o f as this phrase is confusing. Section 945(g) was amended to change "shall"to "may." Rationale for revision: Text revisiori was riiade as toe OSFM deterrhined that it is better suited to provide the information optionally rather than mandatorily. Sections 947, 947.1, and 947.2 text were removed. Rationale for revision: Text revisions removed all JRTER language and references. After public comment and consultation, the OSFM has detenriined the State would be 16 AFESC-RF 1267 12/15/16 better served by goirig back to the original framewori^ developed by the regulatioris wori verified by letter oh company lettdrhead certifying the experience and hours torn the tire sprinkler titter^s employer and shall be approved by the Office of the State Fire Marshal." Rationale for revision: Subsection (a)(3) was added to clarify the specific hiethod by which an applicant riiust provide verification of his/her employment experience, and toe OSFM must approved the hours to avoid "self-certification". Sectipn 947(bXwas re-lettered from 947(a)(2) to 947(b). Rationale for revisibn: Text revlSlph was rhade due to the removal of subsection 947(a)(1) and the subsequent restructuring of the section. Section 947(c) was re-lettered from 947(a)(3) to 947(G). Ratibnale for revision: Text revision was made due to the removal Pf subsectiph 947(a){1) and the subsequent restixipturing of the sectiPn. Subsectiori 947(c) was revised to add toe text "certified sprinkler fitter" for clarification. Sectibn 947(d) was re-lettered from 947(a)(4) tb 947(d). Ratibnale for revision: Text revision was made due to toe removal Pf subsectipn 9i47(aj(1) anel the subsequent restmeturing of the section with no regulatory effect. Sectibn 947(e) was re-lettered from 947(a)(5) to 947(e). Rationale for revision: Text revision wasrtiade duetp the removal bf subsection 947(a)(1) and the subsequent restructuring of the section with no regulatory effect. Article 7. Forms Section 948 was renumbered from 950 to 948. The text Was amended to move toe revision date of the fpnns next to the fomi numbers and tb remove "and" as well as, forms AES 1008 and AES 1009. Ftationaie for revision: Section 950 was renumbered to 948 to reflect the removal of Sectipn 936 in the previous 15-day comment peribd, and the removal of 947, 947,1, and 947.2 iri this modification. The OSFM neglected to renumber this section after the removal of 936. Text revision to move the revision date bf the fbrms next to the fomi nurribers as this is the standard format for listing the revision date of the forni. Text 19 AFESC-RF 1270 12/15/16 revision tb remove "and" was made as one can only be certified or registered and not both. Text revision to remove toe JRTER applications AES 1008 and AES 1009 were made as the section pertaining to JRTER has been removed from these regulations. After public comment and consultation, the OSFM has detertnlned the State would be better served by going back to the original framework developed by the regulatipns wortm, Caiifomia Health and Safety Code, Section 13146 as Well as. Title 24^ California Code of Regulations. A definition is needed because toe term AHJ is required in other Sections of this chapter ie. Sections 924.1, 927, 928, 929, 930 and 932. Section 924.1(a) is being adopted to establish the definition of Certified Fire Sprinkler Fitter. Necessity: This proposed section Is to describe the criteria for "certified fire sprinkler fitter," Which needs to be satisfied in order to wori< on Wet-system fire spririkler installation. Sectibn 924.1(a)(1) is being adopted to establish the definition of Ceriified Fire Sprinkler Necessity: This proposed section Is to describe the criteria for "journeyman" fire sprinkler fitter, which needs to be satisfied in order to work in a certified joumey-level supervisorial capacity on wet-system fire sprinkler installation. State of Caiifomia Contractor State License Board Fire Protection Contractor (C-16) License holders have alr-eady metthe minimum standards fpr the trade as established by the CSLB and are cpnsidered a "journeyman" fire sprinkler fitter in the State of Caiifomia. Section 924.1(a)(2) is being adopted to establish the definition of Certified Fire Sprinkler Fitter. 22 AFESC-RF 1273 • 12/1.5/16 Necessity: This proposed sectipn is tb identify those who have been certified by tiie Office of the State Fire Marshal as opposed to those who have completed an apprenticeship program or is a CSLB C-16 license holder with other agencies. Sectibn 924,1(b) is being adopted to establish the definition of Certified Fire Sprinkler FitterCard. Necessity: A card will be issued tP a certified fitter to be canied with them on ail jobsltes arid wiii allpw anyone a means to show proof of compliance pf these regulatipns. Sectibn 924.1(c) is being adopted to establish the definition of Commercial Certification, Necessity: This definitipn is needed to distinguish between commercial and mulli- faniily residentiarcertification. It also Is to clarify who is qualified and permitted to conduct installation of Commercial water-based fire suppression systems. Section 924.1(d) is being adopted to establish the definition of Correction Order. Necessity: Correction Order is a temi used in these regulations and, per APA, a temi used for regulatory language should be defined. This definition Is needed to distinguish the difference between a Con'ection Order, Notice of Viblation, and a Notice to Appear. An irifractlon violatiori of these regulations requires either a Correction Order or Notice of yiolatibn and the definition describes the difference between the two. Sectipn 924.2(a) is being adopted tp establish the definitipn of Direct Supen/isipn. Necessity: This proposed definition is to describe the criteria on-site supervision is intended to describe job-specific fire sprinkler system installation oversight of "trainees" and;"apprentices" by certified joumey-level fire sprinkler fitter Installer. Sectipn 924.3(a) is being adopted to establish the definition of a Fire Sprinkler Fitter. Necessity: This proposed defiriitipn is needed classify a "Fire Sprinkler Fitter" so an individual sprinkler fitter who has cbmplied with the certification requirenients bf tois Chapter In SeGtlons 937,938, or 939 can be clear on what areas of sprinkler wort<:are acceptable. Sectibn 924.4(a) is being adopted to establish the definition of Installation. Necessity: This proposed definition is to identify those wet-system fire protection systems identified in Section 923 of this Chapter, and includes retrofits, modifications, and repairs so individuals are clear on the acceptable areas of sprinkler work. Section 924.5(a) is being adopted to establish the definition of a Journeyman. Necessity: This definition is needed as most individuals do npt know the definitipn of "joumeyman" as a person who has successfully completed the minimum required hours and years in a specific trade. Those who have completed a fire sprinkler fitter apprenticeship program have met tois definition. The Office of toe State Fire Marshal identifies those who have been previously certified by the Office of the State Fire 23 AFESC-RF 1274 12/15/16 Marshal as afiresprinkler fitter and considers thern a "journeyman" and met toe minimum requirements as opposed to those who have completed an apprenticeship program. SeGtibn 924.6(a) is being adopted tb establish the definition of a llpensee. Necisslty: This proposed definitiph is toplaSsIfy a "Licensee" defined as an iridlvidual whp is a license holder with the Galifomia Contractbr State LicenSe Bpard Fire Pnotectibn Cpntrpctor as a C-16, Fire Protection Contractor, whb has complied Withtoeregistration requiremerits of that contracting agency so their license can be accepted tb do Sprinkler wbrk Iri accordance with these regulations. Sectibn 924.7(a) is being adbpted to establish the definitibn of Multi-farinily Residential Certification. Necessity: This definition is needed to distinguish between Multi-family residejiitlaj arid commercial certification to clarify who is qualified and permitted to conduct installatibh pf Multi-familyresidentialwater-based fire suppression systems.. Sectibn.,924.7(b) is being adopted to estoblish the definitipn pf Multi-fariiily residential structures. Necessity: this propbsed definition IS added as a non-substanttVe;duplication pf existing language from the Government Code Section 12955,1 forthepurpose bf clarification. The number of units and height of tiie building is heeded so installers are clear pn the scppe bf work for installations they are certified in, Sectipn 924.8(a) is bejng adopted to establish the definition of Notice to Appear, hiebessity: Notice to Appear is a term used in these regulations and, per APA, a temi used for iBgulatbry language should be defined. The proposed definition is to clarify toe temi "isibtipextp Appear." Caiifomia Health and Safety Godie states any violation of statute is a misdemeanpr and is written on a NPtice to Appear. Anyone vyhb violates tbe provisions of this Chapter IS in violatiPn of Health and Safety Code Section 13110 and may receive a Nptice to Appear; therefore, the term Notice to Appear must;be define to clarify the differences between a misdemeanor and an infraction. Sectibn 924.8(b) is being adopted to establish the definition pf Notice pf Violation. Necessity: Notice of Vibiatibn is a term used in these regulations and, per APA, a temi used for regulator^ language Should be defined. The propbsed definition istp clarify toe teim "Notice of Violation." This definitipn is needed to distinguish the difference betweeri a Gbrirection Order, Notice ofViolatlpn, and a Notice to Appear. An infraction violation bf toese regulations requires either a Notice of Violation br a Correction Order and this defiriitipn describes the dijpference between the two. A Nptice of Violation gives a timeframe'to correct the problerri so those in violatiPn know what is wrong and when the Violation must be completed. 24 AFESC-RF 1275 12/15/16 Section 924.9(a) is being adopted to establish the definition of Registered Fire Sprinkler Fitter. Necessity: Registered Fire Sprinkler Fitter is a title used in these regulations and per APA, a term used for regulatory language should be defined. This proposed definition Is needed to Ideritify those individual sprinkler fitter trainees or apprentices who have complied With theregistrationrequirementsof this Chapter, and who have been registered by the Office of the State Fire Marshal. Section 924.9(b) is being adopted to establish the definition of Repair. Necessity: This proposed definition is to define restoration work of afiresprinkler system to worideS for installing water-based fire suppression systems which is necessaty to ensure life safety for the citizens of Galifomia. Sectioh 940(b) is adopted to require any applicant who has failed to schedule an examination withiri 30 days must forfeit fees and must re-apply with a new AES 1005 application. Necessity: The OSFM proposes this section aS it is needed to establish a cut-off date for applicants to schedule an examination otherwise; applicants rhay wait an indefinite amountpf time to schedule an examination. The application fee mUst be forfeited as the OSFM has spent the wori< and time processing the application. After weighing the 41 AFESC-RF 1292 12/15/16. OSFM's exam procedures, the 30-day timeframe was detenrriined by the OSFM aS a sufficient amount of time for an applicant to contact the OSFM to schedule ah exani. A new AES1005 application is needed as the individual who has failed to schedule an examiriatipn Will be considered a new applicant. Secti'bn 94p(c) is adppted to require any applicant whb has failed an examihatibn, and who wishes toj re-apply, niust cpriiplete a new AES 1QQ5 applicatipn and pay the applicable fees. Necessity: t h e OSFM prpposes this section as a C-16 license tp deterpiine qualification for examination may become expired and it is necessary tp re-evaluate if an applicant who has failed an examination still meets the minimum qualifications, A new AES 1005 applicatipn is needed as the individual who has failed the examiriatipn Will be cbhsidered a new applicant for the re-evaiuation. After weighing the amount of time it fakes for the OSFM tb process exams, results, and potential challenges tb individual questions, the 3d-day tiriieframe was determined by the OSFM as a Sufficierit amount bf tipie for an applicant to wait to reapply. Section 940(d) Is adopted to provide individuals the right to contest the validity of Individual exam questions. Necessity: The OSFM proposes this section as it Is necessary in the interest of fairness, t h e OSFM allows examinees the right to contestthe validity of individual exam questions to ensure technical accuracy, clarity, relevance, and absence Pf artibiguify and bias. Sectibh 940(d)(1) is adopted to state the timeframe and process by which an examinee hiay request a review of his/her exam results. Necessity: The OSFM proposes toiS sectiop as it is necessaty in the interest of fairriess. The OSFM allows examinees the right tP request to review their exam nssults, to erisure technical adcuracy, clarity,; relevance, and abserice of ambiguity and bias. However, provisions of State law and the fact that testing materials are subject to fiiture use, means that test items, scoring keys, and other testing materials are legally Categorized as cbnfidentiarinfbrmatibn. Tp balance the need of a candidate to urideretarid their examinatipn performance with our test confidentiality and security concerns. This is why only the general areas of study will be addressed and not specific questions. After weighing the amount of time it takes for the OSFM to process exams-and results, the 15-day deadline was detenmined by the OSFM as a sufficient amount of time for an applicarit to request a review. The 6SFM requires that requests state the name of examinee, date of exam, and name of exam aS this basic infonnation is needed to locate and research a request. Sectipn 940(d)(2) is adopted to state the timeframe and process by Which an examinee may Ghallenge individual exam questions. 42 AFESC-RF 1293 •12/15/16. Necessity: The OSFM proposes this section as it is necessary iri the interest of faimess. Tbe OSFM allows examinees therightto contest the validity of individual exam questloris tp ensure technical accuracy, clarity, relevance, and absence of ambiguity and bias, It isriecessatyto establish a ci^nsff date for applicants tb chaife^^^ individual examination questions. After weighing the arheunt of time it takes ari individual tb research the applicable subject, the 72-hour deadline Was deterriiihed fay toe O S F M as a sufficient amount of tirne for an applicant tp request a challenge. The OSFM requires that requests state the name of examinee, date of exam, nariiepf exam, and reason as this basic information is needed to locate and research a request. Section 940(d)(3) is adopted to state that decisions regarding challenges shall be made by the OSFM and decisions are final. Necessity: the OSFM proposes this section as it is necessary as the program is admiriistered ,by the OSFM and challenges will be reviewed on a case-by-case basis. It is necessaty to state decisions are final so toe OSFM will not be unnecessarily burdened by having to research andreviewmultiple requests for the same question, Sectibri 940(d)(4) is adopted to state that actions as a result of a challenge shall be refleetedin all future exartiiriations but not affect results of any past examination. Necessity* The OSFM propPses this section as it is necessary in the interest of fairness to apply any changes to contested questions in future examinations. It is necessaty to state that past examinations will not be affected bebaUse the OSFM will be unnecessarily burdened by having toresearchand adjust evety exam score that contained the contested question when it may or may not affect the result of the exam. Section §41 is adopted to require that the registered Fire Sprinkler Trainee carry their respective proof Pf registration upon their person when working withiri toe scope of this Chapter, aridlthat alteration or fraudulent use is prohibited and shall result in suspension and possible revocation. Necessity: the OSFM proposes this section as it is necessary to erisure that those who are installing water-based fire protection systems have a card to prove they are registered as a qualified individual to perfonn the Installation. This will also provide the SFM, SFM Designee or AHJ a means of verifying that an individual performing installation is certified by the OSFM and to prevent misrepresentation, fraud, identify theft, and the use of invalid documents. Section 942 is adopted to require that the registered apprentice cany their respective propf of registration upon their person when worthing within the scope of this Chapter, and that alterationpr fraudulent use is prohibited and shall result In suspension and possible revocation. Necessity: The OSFM proposes this section as it is necessaty to ensure that those who are installing water-based fire protection systems have a card to prove they are registered as a qualified individual to perform the installation. This will also provide the 43 AFESC-RF 1294 12/15/16; SFM, SFM Designee or AHJ a means of verifying that an individual performing installation is certified by the OSFM arid to prevent misrepresentation, fraud, identity toeft, ahd the use of invalid documents. SectiPn 943 is adppted to require that the certified fitter cany his/her respective propf bf eertificatipn upon toeir person when Working within the scope of this Chapter, and that alteratipn or fraudulent use is prohibited arid shall result in suspension and possible revocatibh. Necessity: The OSFM proposes this section as it is necessary to ensure that those Who are installing water-based fire protection systems have a card to prove they are certified as a qualified individual to perfonn the inStallatipn. this will also provide toe SFM, SFM Designee br AHJ a means of verifyirig that ari individual perfbrming Installatibn is certified by the OSFM and to prevent misrepresehtotion, fraud, identity theft, and toe use of invalid documents. Section 9 ^ ( a ) Is adopted to require renewal, and payment of renewal fees, of a certification or registration be made in writing on a notice provided by the OSFM on pr before May 1^* of the yeai- in Which the cunrent certification or registratipn expires, if npt^ a late fee will be charge. Necessity: The OSFM projposes this section as it is necessaty to establish a timeframe the Gertifibation is valid for It is necessaty for the renewal peribd tb be set Up to meet the budgetaty requirements for toe State of Galiforiiia. Galrfomia State fiscal year Is JCily Ist through June 30^; therefbre, the July I^Vthrough June 30^ timeframe was;chosen to coincide with the State fiscal year and to cpnfbrm to otiier OSFM prbgranis that IS statutory required. It is necessary that renewals are done evety year as the Department pf Finance requires renewals be evety year It is necessaty to require renewals be made two rtionths pripr to the expiration date. By setting this deadline it allows the OSFM adequate;tiriie to nptice ail certificate and registration holders and fbr them; to rpturri their notice of renewal for processing. In addition, it has been determined frprn thpSe pther programs that this timeframe has been tried arid tested and found to worit effectively. It is necessaty to collect fees to cover the operating costs associated With processing a late renewal request. The 50% penalty is an OSFM standard amount amongst all its programs due to statutoty requirement. SectiPn 944(b) is adopted to require an original application from a certified or registered individual if a certification pr registration has expired. Necessity: The OSFM proposes this section as it is necessary to request the iridividual Itoporhplete a new applicatibn so the OSFM may re-evaiuate the individual's qualificatiohs. This also places the responsibility to maintain toe validity of certificates or registrations oh those who hbld the credentials, othenA/ise without harsh corisequences; the SFM would be unnecessarily burdened having to track down those who have not renewed. This maintains consistency with Sections 937(g), 938(f), and 939(d). 44 AFESC-RF 1295 12/15/16 Section 944(c) is adopted to require that evety 3 years, proof of completion of GEUs be submitted along with toe notice of renewal as well as stipulate the process for noncompliance. Necessity: The OSFM proposes this sectibn as it IS necessary to erisure fittere remain current in the changing standards of their prpfesSioh. It is necessaty tp request propf of completiori of CEUs evety 3 years because the national standard; updates and changes evety 3 years. Proof is needed to be provided by the applicant as the OSFM would be unnecessarily burdened having to track down CEU course completion information for evety certified fitter's renewal. Renewals made without proof of completion need to be rejected because without proof, the OSFM has no way of verifying that the certified fitter has knPv^edge to properiy install water'-based fire prbtection systems to the current standards, t h e prpcess for nopcxsmpliance is necessaty to provide a certified fitter a means to reapply for certification once the CEU's have been met. The requirement to reapply is necessary to re^evaluate if a certified fitter Who has failed to provide proof of GEU completipn still meets toe minimurn qualificatipns of a certified fitter Ah AES 1005 application from the individual who has failed to comply will be considered a hew applicant for re-evaluation and the written examination Is required for all new applicants. Sectioh 945(a) is adopted to state toe minimum age requirement. Necessity: t h e OSFM proposes this section as it is necessaty because the minimum age requirement pursuant to the Lat)or Code is 16 years of age. Sectipn 945(b) is adopted tp specify the application name and number required to apply for certification and toe type of docurhentation required be submitted in conjunction with the certification application. Necessity: The OSFM proposes tois Section as it is necessaty to complete an, applicatibn for the OSFM to gather pertinent information and proof of meeting the minimum requirernents from the individual applying for certificatibn. Sectioh 945(b)(1) is adopted to state an applicant may provide documentation he/she meets the minimum time requiremerits bf Section 945(c) br (d) arid has completed a Galifomia State br federally approved Fire Spririkler Fitter Apprenticeship Program to apply for certification. Necessity: The OFSM proposes this section as it is necessary to outline that the minimum qualifications are stated in Section 945(c) and (d) which an applicant for certificatioh must have alo