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1 GREENBERG TRAURIG, LLP
William Gausewitz (SBN 91524)
2 1201 K Street, Suite 1100 PILED/ENDORSED
Sacramento, CA 95814
3 Telephone: (916) 442-1111 JUN 1 6 2021
Facsimile: (916) 448-1709
4
gausewitzb@gtlaw.com By:.
Ospuly Ctefk
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Attorneys for Plaintiff
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CALIFORNIA FIRE PROTECTION COALITION
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9 SUPERIOR COURT OF CALIFORNIA
10
COUNTY OF SACRAMENTO
12 FIRE GUARD CORPORATION; CASE NO. 34-2019-00249221
BAHMAN BRIAN SHAHANGIAN, and
13 individual; CALIFORNIA FIRE PLAINTIFF CALIFORNIA F I R E
PROTECTION COALITION, a Califomia PROTECTION COALITION'S REQUEST FOR
14 Corporation, and JUAN CARLOS DEL
TORO TREJO, an individual, JUDICIAL NOTICE IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT
15
Plaintiffs,
16 Hearing Date: July 20, 2021
vs. Time: 1:30 PM OQ
17 Dept.: 53
CALIFORNIA DEPARTMENT OF
18 FORESTRY AND FIRE PROTECTION; Reservation #2571303
CALIFORNIA OFFICE OF THE STATE
19 FIRE MARSHALL; MIKE RICHWINE, in Accompanying Documents:
his official capacity as State Fire Marshal; 1. Motion for Summary Judgement
20 JEFFERY SCHWARTZ, in his official 2. Memorandum of Points and Authorities
capacity as Deputy State Fire Marshall;, and 3. Separate Statement of Undisputed Material
21 DOES 1-10 inclusive. Fact in Support of Motion
4. [Proposed] Order
22 Defendants.
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Case No. 34-2019-00249221
28 CALIFORNIA FIRE PROTECTION COALITION'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT
1 REOUEST FOR JUDICIAL NOTICE
2 TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY
3 PLEASE TAKE NOTICE that Plaintiff Califomia Fire Protection Coalition requests that the
4 Court take judicial notice of the following records pursuant to Evidence Code § 452 referenced in
5 Plaintiffs memoranduhi of points and authorities and separate statement of undisputed material facts in
6 support of Plaintiffs motion for summary judgmenL The specific exhibits to which judicial notice is
7 being requested is attached hereto as follows
8 Exhibit A: Califomia Assembly Bill 433 (Gordon), enacted in 2013 as Chapter 377, Statutes of
9 2013;
10 Exhibit B: California Rulemaking, GAL File # 2017-0209-02SR, March 24, 2017, which
11 enacted the challenged regulations;
12 Exhibit C: California Assembly Floor Analysis of AB 433 as amended on August 13, 2013;
13 Exhibit D: Califomia Senate Floor Analysis of AB 433 as amended on August 13, 2013.
14 The Court may take notice of publicly available and/or official documents
15 The Exhibits that Plaintiff seeks judicial notice of contains public information found in the
16 Legislative Records and Office of Administrative Law. Information contained within these documents
17 comprise the challenge at issue in the above-titled lawsuiL The authenticity of the documents can be
18 readily and accurately determined. Plaintiff hereby requests the Court take judicial notice of the
19 documents from Legislative Records and the Office of Administrative Law, which is submitted in
20 support of Plaintiff s motion for summary adjudication
21
22 DATED: June 16,2021 GREENBERG TRAURIG, LLP
23
By
24 Bill Gausewitz
Attomeys for Plaintiff
25 CALIFORNIA FIRE PROTECTION
COALITION
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1 Case No. 34-2019-00266856
CALIFORNIA FIRE PROTECTION COALITION'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT
1 INDEX OF EXHIBITS
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4 Description Exhibit
Califomia Assembly Bill 433 (Gordon), enacted in 2013 as Chapter 377, A
5
Statutes of 2013
6 Califomia Rulemaking, GAL File # 2017-0209-02SR, March 24, 2017, B
which enacted the challenged regulations
7 Califomia Assembly Floor Analysis of AB 433 as amended on C
August 13, 2013;
8 California Senate Floor Analysis of AB 433 as amended on August 13, 2013 D
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28 Case No. 34-2019-00266856
CALIFORNIA FIRE PROTECTION COALITION'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT
Exhibit A
Assembly Bill No. 433
CHAPTER 377
An act to amend Sections 7026.12 and 7057 of, and to add and repeal
Section 7026.13 of, the Business and Professions Code, and to add Section
13110 to the Health and Safety Code, relating to contractors.
[Approved by Governor September 27, 2013. Filed with
Secretary of State September 27, 2013.]
LEGISLATIVE COUNSEL'S DIGEST
AB 433, Gordon. Contractors: fire protection systems: fire safety: State
Fire Marshal.
The Contractors' State License Law provides for the licensure and
regulation of contractors by the Contractors' State License Board within
the Department of Consumer Affairs. Existing law provides that the
installation of afireprotection system may be performed only by a contractor
holding a fire protection contractor classification, or by an owner-builder
of an owner-occupied, single-family dwelling, as specified.
This bill would additionally authorize, until January 1, 2017, the
installation of a residential fire protection system for a one- or 2-family
dwelling by a contractor holding a fire protection contractor classification
or a plumbing contractor classification, as defined in the regulations of the
board. The bill would also state the intent of the Legislature with respect to
these matters.
Existing law requires the Oflfice of the State Fire Marshal to be
administered by the State Fire Marshal. Existing law authorizes the State
Fire Marshal to adopt regulations in specified circumstances and requires
the State Fire Marshal to aid in the enforcement of building standards
adopted by the State Fire Marshal and published in the State Building
Standards Code reladng tofiresor to fire prevention and protection.
This bill would authorize the State Fire Marshal to propose, adopt, and
administer the regulations that he or she deems necessary in order to ensure
fire safety in buildings and structures and would require regulations that are
building standards to be submitted to the State Building Standards
Commission for approval. The bill would authorize the State Fire Marshal
to establish and collect reasonable fees to implement these provisions.
The bill would make conforming changes.
Tiie people of tiie State of California do enact as follows:
SECTION 1. Section 7026.12 of the Business and Professions Code is
amended to read:
95
Ch.377 —2—
7026.12. Except as provided in Section 7026.13, the installation of a
fire protection system, excluding an electrical alarm system, shall be
performed only by either of the following:
(a) A contractor holding a fire protection contractor classification, as
defined in the regulations of the board.
(b) An owner-builder of an owner-occupied, single-family dwelling, i f
not more than two single-family dwelhngs on the same parcel are constructed
within one year, plans are submitted to, and approved by, the city, county,
or city and county aiithority, and the city, county, or city and county authority
inspects and approves the installation.
SEC. 2. Section 7026.13 is added to the Business and Professions Code,
to read:
7026.13. (a) A residential fire protection system, excluding an electrical
alarm system, for a one- or two-family dwelling may be installed by a
contractor holding a fire protection contractor classification or a plumbing
contractor classification, as defined in the regulations of the board. A "one-
or two-family dwelling" is a residential group R-3 occupancy, as defined
in Section 310.1 of Part 2 of Title 24 of the Califomia Building Code.
(b) It is the intent of the Legislature that this section apply to the
installation of fire protection system components within a one- or two-family
dwelling and outside the dwelling up to the utility meter for the property.
(c) This section shall remain in effect only imtil January 1, 2017, and as
of that date is repealed, unless a later enacted statute, that is enacted before
January I , 2017, deletes or extends that date.
SEC. 3. Section 7057 of the Business and Professions Code is amended
to read;
7057. (a) Except as provided in this section, a general building contractor
is a contractor whose principal contracting business is in connection with
any structure built, being built, or to be built, for the support, sheher, and
enclosure of persons, animals, chattels, or movable property of any kind,
requiring in its construction the use of at least two unrelated building trades
or crafts, or to do or superintend the whole or any part thereof
This does not include anyone who merely furnishes materials or supplies
under Section 7045 without fabricating them into, or consuming them in
the performance of, the work of the general building contractor.
(b) A general building contractor may take a prime contract or a
subcontract for a framing or carpentry project. However, a general building
contractor shall not take a prime contract for any project involving trades
other than framing or carpentry unless the prime contract requires at least
two unrelated building trades or crafts other than framing or carpentry, or
unless the general building contractor holds the appropriate license
classification or subcontracts with an appropriately licensed contractor to
perform the work. A general building contractor shall not take a subcontract
involving trades other than fi-aming or carpentry, unless the subcontract
requires at least two unrelated trades or crafts other than framing or
carpentry, or unless the general building contractor holds the appropriate
hcense classification. The general building contractor shall not count framing
95
— 3— Ch.377
or carpentry in calculating the two unrelated trades necessary in order for
the general building contractor to be able to take a prime contract or
subcontract for a project involving other trades.
(c) A general building contractor shall not confract for any project that
includes a fire protection system as provided for in Section 7026.12 or
7026.13, or the "C-57" Well Drilling classification as provided for in Section
13750.5 of the Water Code, unless the general building contractor holds the
appropriate license classification, or subconfracts with the appropriately
licensed contractor.
SEC. 4. Section 13110 is added to die Health and Safety Code, to read:
13110. (a) Notwithstanding any other provision of this part, the State
Fire Marshal may propose, adopt, and administer the regulations that he or
she deems necessary in order to ensurefiresafety in buildings and structures
within this state including regulations related to construction, modification,
installation, testing, inspection, labeling, listing, certification, regisfration,
licensing, reporting, operation, and maintenance. Regulations that are
building standards shall be submitted to the State Building Standards
Commission for approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of Division 13.
(b) The Office of the State Fire Marshal may establish and collect
reasonable fees necessary to implement this section, consistent with Section
3 of Article XIIIA of the Califomia Constitution.
O
95
Exhibit B
STATE Qf CAUf ORNIA-Of FICE OF ADMIN For use by Secretary of State only
IS on
NOl^CE PUBLICATIQN/I
5TD.4O0(REV.01-2O13)
OAL-FILE NOTICE FILE NUMBER
Z . 2016-0202-03
REGULATORr ACTION NUMBER EMERGENCY NUMBER
ENDORSED - FILED
In tlie olfee of ihe Secrelarv o( Stale
For use by Office of Administrative Law (OAL) only
MAR 24 201]
»2811 FEB-q P y l U
OFFIEE OF
^DMINISTRATIYE LAW
NOTICE REGULATIONS
AGENCY W r r H RUUMAKING AUTHaRITY AGENCY FILE NUMBER (If anyl
STATE FIRE MARSHAL
A. PUBLICATION OF NOTICE (Complete f o r p u b l i c a t i o n i n Notice Register)
1. SUBJECT OF NOTICE TITLE(S) FIRST SECTION AFFECTED 2. REQUESTED POSLICATION DATE
3. NOTICE TYPE 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (OpUonal)
j—1 Notice ro Proposed i—i
1 1 Regulatory Action 1 1 Other
OAL USE ACTION ON PROPOSED NOTICE NOTICE REGISTER NUMBER PUBUCATION DATE
1 1 Approved as 1 | Approved as 1 1 Disapproved/
ONLY 1 1 Submlliad | | Modinad , L J VWthiirflwn
B. SUBMISSION OF REGULATIONS (Complete w h e n s u b m i t t i n g regulations)
l a . SUBJECT OF REGULATION(S) lb. A a PREVIOUS RELATED OAL REGULATORY ACTION NUMBER(S)
Automatic Fire Extinguishing Systems-Certification 2016-1006-045
2. SPECIFY CAUFORNIA CODE OF REGULATIONS TITIE—' Effect (Cal. Code Regs., title
1 ^ Resubmlttal of disapproved or provisions of Gov. Code §511346.2-11347.3 either 1,§100)
»—' v^lthdrawn nonemergency before the emergency regulation was adopted or
filing (Gov. Code §§11349.3, within the time period required by statute.
I I Files Print I I Print Only
11349.4)
Emergency (Gov. Code, I I Resubmittal of disapproved or withdrawn I I Other (Specify)
• §11346.1(b)) — emergency filing (Gov. Code, 511346.1)
4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGUUTI0N5 AND/OR MATERIAL ADDED TO THE RULEIUIAKING FILE (CaL Code Regs, title I, $44 and Gov. Code §11347.1)
July 27,2016 to August 11,2016 and December 21,2016 to January 5,2017.
S. EFFECTIVE DATE OF CHANGES (Gov. Code, SS 11343.4.1134&1(d); Cal.Code Regs, title I, §100)
0 EfIeaivBJanuatv1,April1.July1,bf| — i Effecliva on Tiling wilh
October 1 (Gov. Code §11343.4(3))
§11343.4(a))| | Secfelery of Slate
§100 Changes Without
Regulatory Effect•
Effective
otfier (Specify)
6, CHECK IF THESE REGULATIONS REQUIRE NOTICE TO. OR REVIEW. CONSULTATION. APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY
•
I [ Department of Finance (Form STD. 399) (SAM §6650) I I Fair Political Practices Commission | | State Fiie fAarshal
7. CONTACT PERSON TELEPHONE NUIilBER FAX NUMBER (Optional) E-li«WL ADDRESS (Optional)
Diane Arend (916) 324-9592 diane.arend@fire.ca.gov
For use by Office of Administrative Law (OAL) only
1 certify that the attached copy of the regutation(s) is a true and correct copy
of the reguiation(s) identified on this form, that the information specified on this form
is true and correctjand that 1 am the head of the agency talcing this action, ENDORSED APPROVED
o r a designee of tKeiiead of the agency, and am authorized to make this certification.
S I G ^ U R ^ OF N i E U y j ^ ^ J p pf! DESIGNEE DATE 1 ,
^/3//7 MAR 2 4 2017
TYPECr NAWIE ANCmtLE OF SIGNATORY ' 1 '
Dennis Mathisen, State Fire Marshal
Office of Administrative Law
ATTACHMENT
B. 2. SECTION(S) AFFECTED
(List all section number(s) individually.
ADOPT
Sections 920, 921, 922, 923, 924, 924.1, 924.2, 924.3, 924.4, 924.5, 924.6, 924.7, 924.8, 924.9, 924.10,
924.11, 924.12, 925, 925.1, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940,
941, 942, 943, 944, 945, 946, 946.1,947 and 948.
state of California
Office of Administrative Law
In re: NOTICE OF APPROVAL OF REGULATORY
ACTION
Office of the State Fire Marshal
Regulatory Action: Government Code Section 11349.3
Title 19, California Code of Regulations
Adopt sections: 920, 921,922, 923, 924, OAL Matter Number: 2017-0209-02
924.1,924.2,924.3, 924.4,
924.5, 924.6, 924.7, 924.8,
924.9, 924.10, 924.11, OAL Matter Type: Regular Resubmlttal (SR)
924.12, 925, 925.1,926,
927,928, 929, 930, 931,
932, 933, 934, 935, 936,
937, 938, 939,940,941,
942, 943, 944, 945, 946,
946.1,947,948
Amend sections:
Repeal sections:
This action establishes a certification and registration program for fire sprinkler installers
and fitters, including inter alia, an application process, qualifications, performance
standards, and continuing education requirements.
OAL approves this regulatory action pursuant to section 11349.3 of the Government
Code. This regulatory action becomes effective on 7/1/2017.
Date: March 24, 2017
Mark Storm
Senior Attomey
For: Debra M. Comez
Director
Original: Tonya Hoover
Copy: Diane Arend
2/9/17
OFFICE OF THE STATE FIRE MARSHAL
ADOPTION OF AMENDMENTS TO CALIFORNIA CODE OF REGULATIONS
TITLE 19 PUBLIC SAFETY
DIVISION 1. STATE FIRE MARSHAL
CHAPTER 5.5 AUTOMATIC FIRE EXTINGUISHING SYSTEMS CERTIFICATION
TEXT OF REGULATIONS (Final)
Article 1. Administration
920. Authority.
Chapter 5.5, Division 1, Title 19 of the California Code of Regulations is adopted bv the
State Fire Marshal under the authoritvof Division 12. Part 2. Chapter 1. Section 13110. of
the Health and Safety Code of the State of California.
NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110, Health and Safety Code.
921. Title.
These regulations and standards shall be known as the "Regulations and Standards of
the State Fire Marshal," shall be cited as such, and shall be hereinafter referred to as
"these regulations."
NOTE; Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110, Health and Safety Code.
922. Purpose.
The purpose of these regulations and standards is to improve the peri'ormance and
reliability of water-based fire protection systems by providing a means to certify and
register any person who installs, alters, repairs, or adds appurtenances to such systems.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
-1311-Q-Health-and-5afetv-Gode.-- - - . .
923. Scope.
(a) These regulations apply to work consisting of the installation, alteration or repair of
all water-based fire protection systems as defined in Section 924.12.
EXCEPTIONS:
(1) Installation, alteration or repair of one and two-family residential sprinkler systems is
excluded from these regulations.
(2) The installation, alteration or repair of underground water supply lines from the
connection of the water supply to the first joint, or mechanical connection at the base of
the system riser, are excluded from these regulations.
(3) The Installation of pre-engineered water-based fixed extinguishing systems are
excluded from these regulations.
2/9/17
NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110. Health and Safety Code-
Article 2. Definitions
924. "A" Definitions.
(a) Alteration. A modification or an addition to an existing water-based fire suppression
system.
(b") Apprentice. A person who is learning by practical experience under the direction of
skilled workers, and who is currently registered in a State of California or federally
approved Fire Sprinkler Fitter Apprenticeship Program.
(c) Authority Having Jurisdiction (AHJ)! The AHJ shall be defined as the State Fire Marshal,
a chief of any city or county fire department or fire protection district and their respective
authorized representatives in their respective jurisdictions.
NOTE: Authority cited: Section 13110 and 13146. Health and Safety Code. Reference:
Section 13110 and 13146. Health and Safety Code.
924.1. "C" Definitions.
(a) Certified Fire Sprinkler Fitter.
(1) A journeyman or individual who has completed a California State or federal
Apprenticeship Program, or who possesses an active State of California Contractor State
License Board Fire Protection Contractor (C-16) License or
(2) Possesses a sprinkler fitter certification card issued by the Office of the State Fire
Marshal fOSFM).
(b) Certified Fire Sprinkler Fitter Card. A card issued by the Office of the State Fire
Marshal to a Certified Sprinkler Fitter upon approval of hieeting the reguirements in
Section 939.
(c) Commercial Certification. A certification allowing Individuals to perform the
i nsta 11 atfo h^ oTwat i r-^sseci 'Ws prdtMt ib h "iwtems^^ amToccu pah"(^ ~ "
(d) Correction Order. Identifying what is wrong in a written direction or command
delivered by an AHJ.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110. Health and Safety Code.
924.2. "D" Definitions.
(a) Direct Supervision. On-site supervision in accordance with Section 926.
NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110. Health and Safety Code.
2/9/17
924.3. " F " Definitions.
(a) Fire Sprinkler Fitter. A Certified Fire Sprinkler Fitter, fire sprinkler fitter apprentice, or
fire sprinkler fitter trainee who performs work as described in Section 923 of this Chapter.
NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110. Health and Safety Code.
924.4. "I" Definitions.
(a) Installation. All work as described in Section 923 of this Chapter, including new,
retrofit, alteration, or repair of water-based fire protection systems.
NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110. Health and Safety Code.
924.5. " J " Definitions-
fa) Journeyman. A person who has successfully completed the required hours and
years of experience of a California State or federally approved Fire Sprinkler
Apprenticeship Program or individuals previously certified in accordance with this Chapter.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110. Health and Safety Code.
924.6. " L " Definitions.
(a) Licensee. A California Contractor State License Board Fire Protection Contractor
(C-16) License holder.
NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110, Health and Safety Code.
924.7. "M" Definitions.
ia) Multi-Family Residential Certification. A certification allowing individuals to periderm
the installation of water-based fire protection systems in multi-family residential structures
only and who have met the requirements in Section 945.
(b) Multi-Family Residential Structure. A residential occupancy with three (3) or more
dwelling units up to, and including, four (4) stories in height,
NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110, Health and Safety Code.
924.8. "N" Definitions.
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(a) Notice to Appear. A summons or writ by which a person is cited to appear in court.
(b1 Notice of Violation. To give attention to an infraction or breach of the law.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110, Health and Safety Code.
924.9. "R" Definitions.
(a) Registered Fire Sprinkler Fitter. An apprentice or trainee, meeting the applicable
prerequisites as identified in Article 5. who has provided the required documentation,
submitted a completed application, paid applicable fees and has obtained a registration
card issued by the Office of the State Fire Marshal.
(b) Repair, To restore to normal workinq condition or to fix damage.
(c) Registered Fire Sprinkler Fitter Card. A card issued bvthe Office of the State Fire
Marshal to sprinkler fitter apprentices or trainees upon approval of meeting the
reguirements in Sections 937 or 938.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110, Health and Safety Code.
924.10. "S" Definitions-
fa^ State Fire Marshal (SFM). Pursuant to the Health and Safety Code. Section 13101.
the State Fire Marshal shall be appointed by the Governor with the advice and consent of
the senate and shall hold office at the pleasure of the Governor.
(b) State Fire Marshal (SFM) Designee. As defined in the Health and Safety Code,
Sections 13103 and 13104, the State Fire Marshal Designee are those assistant or Deputy
State Fire Marshals who aid in the enforcement of all laws, regulations and ordinances
adopted in the State of California and is a person who has been designated by the SFM to
act on his/her behalf in an official capacity.
NOTE: Authority cited: Sections 13101. 13103. 13104 and 13110. Health and Safety
-Cdde^Reference^6ectiohs-1310lTl31Q3ri^i04-sfridi31i0 '~
924.11. "T" Definitions.
(a) Trainee. A person or individual working in the fire protection industry installing
water-based fire protection systems at an entpz-level position as described in Section 937.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110. Health and Safety Code.
924.12. "W" Definitions.
(a) Water-Based Fire Protection Systems. A system that includes a wet, dry, pre-action,
and deluge fire sprinkler system, including small hose connections, standpipe systems.
2/9/17
private fire service mains and their appurtenances, including hydrants and monitor
nozzles, water spray systems, foam water systems, fire pumps, water storage tanks, low,
medium, and high expansion foam systems, and water mist systems.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110, Health and Safety Code-
Article 3. General Provisions and Fee Schedule
925. General Provisions.
(a) No person shall engage in the installation of water-based fire protection systems as
defined in Section 924.12 without first being ceri:ified or registered in accordance with
these regulations and have obtained a ceri:rfication or registration card issued bv the Office
of the State Fire Marshal (OSFM). An Apprentice or Trainee shall become registered in
accoitlance with the provisions in Article 5.
(b) Application for certification or registration shall be made in writing to the Office of the
State Fire Marshal on forms AES 1005 or AES 1005A provided bv the Office of the State
Fire Marshal.
(c) A fee shall accompany each application for certification or registration as prescribed
in Section 925.1. All fees reguired in accordance with the provisions of Section 13110 of
the Health and Safety Code shall be made payable to "CAL FIRE-OSFM".
(d) All fees shall be paid, and mailed to CAL FIRE - Office of the State Fire Marshal-
Cashiers Unit - AES Program, P.O- Box 997446. Sacramento, CA 95899-7446.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110, Health and Safety Code.
925.1. Fee Schedule.
Fees for application or renewal of any certification or registration issued pursuant to this
(1^ Sprinkler Fitter Certification $150
(2) Apprentice Registration $150
(3) Trainee Registration $150
(4) Annual Renewal $150
(5) Replacement Certification or Registration Identification Card $25
(Q) Commercial Continuing Education Unit Course Registration $150
(7) Multi-family Residential Conttnuing Education Unit Course Registration $150
(B) Late Fee (50% of application fee)
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110, Health and Safety Code.
2/9/17
926. Maximum Number of Directly Supervised Employees.
A Certified Fire Sprinkler Fitter may supervise the number of apprentices permitted in
their Apprenticeship Agreement and up to two (2) trainees.
NQTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110, Health and Safety Code-
Article 4. Enforcement
927. Vioiations.
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 reguired by this Chapter. The SFM, SFM
Designee or AHJ is authorized to reguire 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
13110. Health and Safety Code.
928. Prosecution of Violations.
(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.
f 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. California 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.
If the 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 defined 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 and verification has been made that all work on the fire
protection system in question has been performed by duly authorized persons.
2/9/17
NOTE: Authority cited: Sections 13108 and 13110. Health and Safety Code. Reference:
Sections 13108 and 13110. Health and Safety 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 (15) days of the issuance of a Notice of Violation or
Correction Order. The written report shall contain at a minimum the violator's name,
employer, certification or registration number, job location, date of issuance, and a
description of each offense.
(b) Any report submitted bv the AHJ for violations against a registered Apprentice may
be forwarded bv 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 forwarded to the California Contractors State License Board (CSLB).
NOTE: Authority 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, permit or other order of the 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 person performs work on a fire protection system without a valid
certification or registration shall constitute a separate violation.
(d) Any person 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 and, accordingly, shall be
subjeet-^to disciplinary action bylihe Co'ntrac^^^ __
(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 and 13197.6. Health and Safety Code.
Section 7110. Business and Professions Code. Reference: Sections 13110. 13112 and
13197.6, Health and Safety Code, Section 7110, Business and Professions Code.
932. Denial, Revocation, and Suspension.
(a) The State Fire Marshal shall order revocation, suspension or denial of application
pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the
Government Code.
2/9/17
(b) The SFM or the SFM Designee shall upon preliminary finding of a violation, suspend
any certification or registration for a period not exceeding 30 days pending an investigation
of the violation pursuant to Health and Safety Code 13188,
(c) The issuance or renewal of a certification or registration may be denied, and
certification or registration may be revoked by the Office of the State Fire Marshal for anv
of the following reasons:
(1) Applicant is not the real person of interest.
(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
gualifications, skills or competence to conduct the operations for which application is made
as evidenced bv failure to pass the examination.
(4) An applicant, certification or reqistration 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 reqistration 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,
Health and Safety Code. Section 11500, Govemment 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 of the
Business and Professions Code, shall be subject to denial, revocation or suspension.
(b) A certification or reqistration holder, upon making contact with a prospective buver.
(business owner or owner's representative) shall do the following:
(1) State the identity of the 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.
- (4VShow'Or-displav-personal Identificatibn'frbm^hei aUtomatic'ex^
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 properiy licensed contractor performing installation of water-based fire protection
systems shall ensure all fire sprinkler fitters under their employment are certified or
registered. The licensed contractor shall notify the Office of the State Fire Marshal in
writing within seventy-two (72) hours from the date of hire of an employee's status as a
2/9/17
trainee, apprentice or certificate holder.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110- Health and Safety Code-
Article 5. Certification and Registration
935. Expired Documents.
An Apprentice or Trainee Registration or Fitter Certification, which has expired, shall be
considered an original application and the applicant is reguired to comply with all
requirements of an original application.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110, Health and Safety Code.
936. Duplicate Issuance.
The Office of the State Fire Marshal shall issue a duplicate Apprentice or Trainee
Registration Card ora Certification Card in the event of loss, theft, damage or destruction
upon receiving an application and fee as prescribed in Section 925,1-
NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110- Health and Safety Code.
937. Fire Sprinkler Fitter Trainee Reqistration.
(a) A person not registered in a California State or federally approved apprenticeship
program, shall be registered with the Office of the State Fire Marshal as a Fire Sprinkler
Fitter Trainee and work within the scope of these regulations as a trainee for up to one (1)
year from their date of hire.
"(b-)^o beTeqi^tered-as^a"traineierah~applicaht"shairm
(1) Be 16 years of age or older.
(2) Complete an Apprentice/Trainee Registration Application (AES 1005A)
accompanied by the fees prescribed in Section 925.1 of these regulations,
(3) Provide proof of employment with a licensed California Contractors State License
Board C-16 contractor.
(c) Upon approval of 1 through 3 above, the applicant will be issued a Trainee
Registration Card.
(d) Individuals may perform work within the scope of these regulations for no more than
ninety (90) days prior to submitting an application to the OSFM.
(e) The trainee shall work under the direct supen/ision of a Certified Fire Sprinkler Fitter
at all times and shall do the following:
(1) Only perform installation of water-based fire protection systems for a properiy
licensed California Contractors State License Board C-16 contractor.
2/9/17
(2) Be registered Into a Califomia State or federally approved fire sprinkler fitter
apprenticeship program within one (1) year of their date of hire,
(f) If the trainee is not accepted into a California State or federally approved fire
sprinkler fitter apprenticeship program within one (1) year of their date of hire, the
individual shall no longer be registered to work within the scope of these regulations.
(g) An original trainee registration shall be valid from the date of issuance through June
30^^- Thereafter, each trainee reqistration shall be renewed annually and is valid from
July 1^' through June 30^.
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110, Health and Safety Code.
938. Fire Sprinkler Fitter Apprentice Registration.
(a) To be registered as an apprentice, an applicant shall meet the following
reguirements:
(1) Be 16 years of age or older,
(2) Complete an Apprentice/Trainee Registration Application (AES 1005A)
accompanied by the fees prescribed in Section 925,1 of these regulations.
(3) Provide proof of acceptance into a State of California or federally approved fire
sprinkler fitter apprenticeship program.
(4) Provide proof of employment with a licensed California Contractors State License
Board C-16 contractor
(b) Upon approval of 1 through 4 above, an applicant will be issued an Apprentice
Registration Card,
(c) The apprentice shall work under the direct supervision of a Certified Fire Sprinkler
Fitter at all times.
(d) A person possessing an Apprentice Registration shall only perform installation of
water-based fire protection systems for a properiy licensed California CSLB C-16
Contractor,
(e) A person registered as an apprentice shall perform tasks within the scope of this
Chapter and meet any additional apprenticeship program standards for this occupation.
(f)"An original-apt)r§ntibetel3istra '
June 3Q'^ Thereafter, each apprentice registration shall be renewed annually and is valid
from July 1^* through June 30^^
NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section
13110, Health and Safety Code.
939- Fire Sprinkler Fitter Certification.
(a) To be certified as a Fire Sprinkler Fitter, an applicant shall meet the following
reguirements:
(1) Be 16 years of age orolder,
(2) Complete a Sprinkler Fitter Certification Application (AES 1005) accompanied bv
the fees prescribed in Section 925.1 of these regulations.
(3) Provide one of the following:
10
2/9/17
(A) Proof of completion of a State of California or federally approved fire sprinkler fitter
apprenticeship program.
(B) Proof of a valid State of California Contractors State License Board Fire Protection
Contractor (C-16) License.
(4) Pass a written examination.
(b) Upon approval of 1 through 4 above, the applicant will be issued a Certification
Card.
(c) A person possessing a certification and performing Installation of water-based fire
protection systems for a properiy licensed California Contractors State License Board C-
16 contractor, shall perform only those tasks which the certificate holder is authorized to
perform, and for which the person is qualified in accordance with Section 945.
(d) An original certification shall be valid from the date of issuance through June 30*^,
Thereafter, each certification shall be renewed annually and is valid from July 1^^ through
June 30"^-
NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section
13110. Health and Safety Code,
940. Examination Procedures.
(a) Every person, prior to performing any task or tasks within the scope of a certification,
shall pass a written examination in accordance with the provisions of this Chapter.
(b) Any applicant who has failed to schedule an examination within thirty (30) days of
the date of a Notice of Eligibility shall forfeit the application fee, and shall be required to
re-apply. A new Sprinkler Fitter Certification Application (AES 1005) along with payment
of applicable fees will be reguired at that time.
(c) Any applicant who has failed an examination may re-apply to take another
examination no less than thirty (30) days from the date of the failed examination. A new
Sprinkler Fitter Certification Application (AES 1005) along with payment of applicable fees
will be reguired at that time.
(d) A person having taken an examination shall have the right to contest the validity of
individual examination guestions-
-"f1) Within"fifteeh-(151"davsrd^^ ^^
having taken the examination may reguest a review of the exam results by the staff of
the Office of the State Fire Marshal and the Office of the State Fire Marshal will provide a
list of the subject areas where study is needed. Reguests shall state the name of the
examinee, date of exam, and name of exam.
(2) Any challenge as to the validity of individual questions on an examination shall be
made in writing within seventy-two (72) hours of receiving the results of said examination.
Challenges shall state the name of the examinee, date of exam, name of exam, and
reason for the objection.
(3) The decision as lo the action to be taken on the submitted challenge shall be made
by the Office of the State Fire Marshal and such decisions shall be final.
(4) The action taken by the Office of the State Fire Marshal shall be reflected in all
future examinations but
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1 GREENBERG TRAURIG, LLP William Gausewitz (SBN 91524) 2 1201 K Street, Suite 1100 PILED/ENDORSED Sacramento, CA 95814 3 Telephone: (916) 442-1111 JUN 1 6 2021 Facsimile: (916) 448-1709 4 gausewitzb@gtlaw.com By:. Ospuly Ctefk 5 Attorneys for Plaintiff 6 CALIFORNIA FIRE PROTECTION COALITION 7 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SACRAMENTO 12 FIRE GUARD CORPORATION; CASE NO. 34-2019-00249221 BAHMAN BRIAN SHAHANGIAN, and 13 individual; CALIFORNIA FIRE PLAINTIFF CALIFORNIA F I R E PROTECTION COALITION, a Califomia PROTECTION COALITION'S REQUEST FOR 14 Corporation, and JUAN CARLOS DEL TORO TREJO, an individual, JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 15 Plaintiffs, 16 Hearing Date: July 20, 2021 vs. Time: 1:30 PM OQ 17 Dept.: 53 CALIFORNIA DEPARTMENT OF 18 FORESTRY AND FIRE PROTECTION; Reservation #2571303 CALIFORNIA OFFICE OF THE STATE 19 FIRE MARSHALL; MIKE RICHWINE, in Accompanying Documents: his official capacity as State Fire Marshal; 1. Motion for Summary Judgement 20 JEFFERY SCHWARTZ, in his official 2. Memorandum of Points and Authorities capacity as Deputy State Fire Marshall;, and 3. Separate Statement of Undisputed Material 21 DOES 1-10 inclusive. Fact in Support of Motion 4. [Proposed] Order 22 Defendants. 23 24 25 26 27 Case No. 34-2019-00249221 28 CALIFORNIA FIRE PROTECTION COALITION'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1 REOUEST FOR JUDICIAL NOTICE 2 TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY 3 PLEASE TAKE NOTICE that Plaintiff Califomia Fire Protection Coalition requests that the 4 Court take judicial notice of the following records pursuant to Evidence Code § 452 referenced in 5 Plaintiffs memoranduhi of points and authorities and separate statement of undisputed material facts in 6 support of Plaintiffs motion for summary judgmenL The specific exhibits to which judicial notice is 7 being requested is attached hereto as follows 8 Exhibit A: Califomia Assembly Bill 433 (Gordon), enacted in 2013 as Chapter 377, Statutes of 9 2013; 10 Exhibit B: California Rulemaking, GAL File # 2017-0209-02SR, March 24, 2017, which 11 enacted the challenged regulations; 12 Exhibit C: California Assembly Floor Analysis of AB 433 as amended on August 13, 2013; 13 Exhibit D: Califomia Senate Floor Analysis of AB 433 as amended on August 13, 2013. 14 The Court may take notice of publicly available and/or official documents 15 The Exhibits that Plaintiff seeks judicial notice of contains public information found in the 16 Legislative Records and Office of Administrative Law. Information contained within these documents 17 comprise the challenge at issue in the above-titled lawsuiL The authenticity of the documents can be 18 readily and accurately determined. Plaintiff hereby requests the Court take judicial notice of the 19 documents from Legislative Records and the Office of Administrative Law, which is submitted in 20 support of Plaintiff s motion for summary adjudication 21 22 DATED: June 16,2021 GREENBERG TRAURIG, LLP 23 By 24 Bill Gausewitz Attomeys for Plaintiff 25 CALIFORNIA FIRE PROTECTION COALITION 26 27 28 1 Case No. 34-2019-00266856 CALIFORNIA FIRE PROTECTION COALITION'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1 INDEX OF EXHIBITS 2 3 4 Description Exhibit Califomia Assembly Bill 433 (Gordon), enacted in 2013 as Chapter 377, A 5 Statutes of 2013 6 Califomia Rulemaking, GAL File # 2017-0209-02SR, March 24, 2017, B which enacted the challenged regulations 7 Califomia Assembly Floor Analysis of AB 433 as amended on C August 13, 2013; 8 California Senate Floor Analysis of AB 433 as amended on August 13, 2013 D 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 34-2019-00266856 CALIFORNIA FIRE PROTECTION COALITION'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Exhibit A Assembly Bill No. 433 CHAPTER 377 An act to amend Sections 7026.12 and 7057 of, and to add and repeal Section 7026.13 of, the Business and Professions Code, and to add Section 13110 to the Health and Safety Code, relating to contractors. [Approved by Governor September 27, 2013. Filed with Secretary of State September 27, 2013.] LEGISLATIVE COUNSEL'S DIGEST AB 433, Gordon. Contractors: fire protection systems: fire safety: State Fire Marshal. The Contractors' State License Law provides for the licensure and regulation of contractors by the Contractors' State License Board within the Department of Consumer Affairs. Existing law provides that the installation of afireprotection system may be performed only by a contractor holding a fire protection contractor classification, or by an owner-builder of an owner-occupied, single-family dwelling, as specified. This bill would additionally authorize, until January 1, 2017, the installation of a residential fire protection system for a one- or 2-family dwelling by a contractor holding a fire protection contractor classification or a plumbing contractor classification, as defined in the regulations of the board. The bill would also state the intent of the Legislature with respect to these matters. Existing law requires the Oflfice of the State Fire Marshal to be administered by the State Fire Marshal. Existing law authorizes the State Fire Marshal to adopt regulations in specified circumstances and requires the State Fire Marshal to aid in the enforcement of building standards adopted by the State Fire Marshal and published in the State Building Standards Code reladng tofiresor to fire prevention and protection. This bill would authorize the State Fire Marshal to propose, adopt, and administer the regulations that he or she deems necessary in order to ensure fire safety in buildings and structures and would require regulations that are building standards to be submitted to the State Building Standards Commission for approval. The bill would authorize the State Fire Marshal to establish and collect reasonable fees to implement these provisions. The bill would make conforming changes. Tiie people of tiie State of California do enact as follows: SECTION 1. Section 7026.12 of the Business and Professions Code is amended to read: 95 Ch.377 —2— 7026.12. Except as provided in Section 7026.13, the installation of a fire protection system, excluding an electrical alarm system, shall be performed only by either of the following: (a) A contractor holding a fire protection contractor classification, as defined in the regulations of the board. (b) An owner-builder of an owner-occupied, single-family dwelling, i f not more than two single-family dwelhngs on the same parcel are constructed within one year, plans are submitted to, and approved by, the city, county, or city and county aiithority, and the city, county, or city and county authority inspects and approves the installation. SEC. 2. Section 7026.13 is added to the Business and Professions Code, to read: 7026.13. (a) A residential fire protection system, excluding an electrical alarm system, for a one- or two-family dwelling may be installed by a contractor holding a fire protection contractor classification or a plumbing contractor classification, as defined in the regulations of the board. A "one- or two-family dwelling" is a residential group R-3 occupancy, as defined in Section 310.1 of Part 2 of Title 24 of the Califomia Building Code. (b) It is the intent of the Legislature that this section apply to the installation of fire protection system components within a one- or two-family dwelling and outside the dwelling up to the utility meter for the property. (c) This section shall remain in effect only imtil January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January I , 2017, deletes or extends that date. SEC. 3. Section 7057 of the Business and Professions Code is amended to read; 7057. (a) Except as provided in this section, a general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, sheher, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof This does not include anyone who merely furnishes materials or supplies under Section 7045 without fabricating them into, or consuming them in the performance of, the work of the general building contractor. (b) A general building contractor may take a prime contract or a subcontract for a framing or carpentry project. However, a general building contractor shall not take a prime contract for any project involving trades other than framing or carpentry unless the prime contract requires at least two unrelated building trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification or subcontracts with an appropriately licensed contractor to perform the work. A general building contractor shall not take a subcontract involving trades other than fi-aming or carpentry, unless the subcontract requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate hcense classification. The general building contractor shall not count framing 95 — 3— Ch.377 or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades. (c) A general building contractor shall not confract for any project that includes a fire protection system as provided for in Section 7026.12 or 7026.13, or the "C-57" Well Drilling classification as provided for in Section 13750.5 of the Water Code, unless the general building contractor holds the appropriate license classification, or subconfracts with the appropriately licensed contractor. SEC. 4. Section 13110 is added to die Health and Safety Code, to read: 13110. (a) Notwithstanding any other provision of this part, the State Fire Marshal may propose, adopt, and administer the regulations that he or she deems necessary in order to ensurefiresafety in buildings and structures within this state including regulations related to construction, modification, installation, testing, inspection, labeling, listing, certification, regisfration, licensing, reporting, operation, and maintenance. Regulations that are building standards shall be submitted to the State Building Standards Commission for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13. (b) The Office of the State Fire Marshal may establish and collect reasonable fees necessary to implement this section, consistent with Section 3 of Article XIIIA of the Califomia Constitution. O 95 Exhibit B STATE Qf CAUf ORNIA-Of FICE OF ADMIN For use by Secretary of State only IS on NOl^CE PUBLICATIQN/I 5TD.4O0(REV.01-2O13) OAL-FILE NOTICE FILE NUMBER Z . 2016-0202-03 REGULATORr ACTION NUMBER EMERGENCY NUMBER ENDORSED - FILED In tlie olfee of ihe Secrelarv o( Stale For use by Office of Administrative Law (OAL) only MAR 24 201] »2811 FEB-q P y l U OFFIEE OF ^DMINISTRATIYE LAW NOTICE REGULATIONS AGENCY W r r H RUUMAKING AUTHaRITY AGENCY FILE NUMBER (If anyl STATE FIRE MARSHAL A. PUBLICATION OF NOTICE (Complete f o r p u b l i c a t i o n i n Notice Register) 1. SUBJECT OF NOTICE TITLE(S) FIRST SECTION AFFECTED 2. REQUESTED POSLICATION DATE 3. NOTICE TYPE 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (OpUonal) j—1 Notice ro Proposed i—i 1 1 Regulatory Action 1 1 Other OAL USE ACTION ON PROPOSED NOTICE NOTICE REGISTER NUMBER PUBUCATION DATE 1 1 Approved as 1 | Approved as 1 1 Disapproved/ ONLY 1 1 Submlliad | | Modinad , L J VWthiirflwn B. SUBMISSION OF REGULATIONS (Complete w h e n s u b m i t t i n g regulations) l a . SUBJECT OF REGULATION(S) lb. A a PREVIOUS RELATED OAL REGULATORY ACTION NUMBER(S) Automatic Fire Extinguishing Systems-Certification 2016-1006-045 2. SPECIFY CAUFORNIA CODE OF REGULATIONS TITIE—' Effect (Cal. Code Regs., title 1 ^ Resubmlttal of disapproved or provisions of Gov. Code §511346.2-11347.3 either 1,§100) »—' v^lthdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. I I Files Print I I Print Only 11349.4) Emergency (Gov. Code, I I Resubmittal of disapproved or withdrawn I I Other (Specify) • §11346.1(b)) — emergency filing (Gov. Code, 511346.1) 4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGUUTI0N5 AND/OR MATERIAL ADDED TO THE RULEIUIAKING FILE (CaL Code Regs, title I, $44 and Gov. Code §11347.1) July 27,2016 to August 11,2016 and December 21,2016 to January 5,2017. S. EFFECTIVE DATE OF CHANGES (Gov. Code, SS 11343.4.1134&1(d); Cal.Code Regs, title I, §100) 0 EfIeaivBJanuatv1,April1.July1,bf| — i Effecliva on Tiling wilh October 1 (Gov. Code §11343.4(3)) §11343.4(a))| | Secfelery of Slate §100 Changes Without Regulatory Effect• Effective otfier (Specify) 6, CHECK IF THESE REGULATIONS REQUIRE NOTICE TO. OR REVIEW. CONSULTATION. APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY • I [ Department of Finance (Form STD. 399) (SAM §6650) I I Fair Political Practices Commission | | State Fiie fAarshal 7. CONTACT PERSON TELEPHONE NUIilBER FAX NUMBER (Optional) E-li«WL ADDRESS (Optional) Diane Arend (916) 324-9592 diane.arend@fire.ca.gov For use by Office of Administrative Law (OAL) only 1 certify that the attached copy of the regutation(s) is a true and correct copy of the reguiation(s) identified on this form, that the information specified on this form is true and correctjand that 1 am the head of the agency talcing this action, ENDORSED APPROVED o r a designee of tKeiiead of the agency, and am authorized to make this certification. S I G ^ U R ^ OF N i E U y j ^ ^ J p pf! DESIGNEE DATE 1 , ^/3//7 MAR 2 4 2017 TYPECr NAWIE ANCmtLE OF SIGNATORY ' 1 ' Dennis Mathisen, State Fire Marshal Office of Administrative Law ATTACHMENT B. 2. SECTION(S) AFFECTED (List all section number(s) individually. ADOPT Sections 920, 921, 922, 923, 924, 924.1, 924.2, 924.3, 924.4, 924.5, 924.6, 924.7, 924.8, 924.9, 924.10, 924.11, 924.12, 925, 925.1, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946, 946.1,947 and 948. state of California Office of Administrative Law In re: NOTICE OF APPROVAL OF REGULATORY ACTION Office of the State Fire Marshal Regulatory Action: Government Code Section 11349.3 Title 19, California Code of Regulations Adopt sections: 920, 921,922, 923, 924, OAL Matter Number: 2017-0209-02 924.1,924.2,924.3, 924.4, 924.5, 924.6, 924.7, 924.8, 924.9, 924.10, 924.11, OAL Matter Type: Regular Resubmlttal (SR) 924.12, 925, 925.1,926, 927,928, 929, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939,940,941, 942, 943, 944, 945, 946, 946.1,947,948 Amend sections: Repeal sections: This action establishes a certification and registration program for fire sprinkler installers and fitters, including inter alia, an application process, qualifications, performance standards, and continuing education requirements. OAL approves this regulatory action pursuant to section 11349.3 of the Government Code. This regulatory action becomes effective on 7/1/2017. Date: March 24, 2017 Mark Storm Senior Attomey For: Debra M. Comez Director Original: Tonya Hoover Copy: Diane Arend 2/9/17 OFFICE OF THE STATE FIRE MARSHAL ADOPTION OF AMENDMENTS TO CALIFORNIA CODE OF REGULATIONS TITLE 19 PUBLIC SAFETY DIVISION 1. STATE FIRE MARSHAL CHAPTER 5.5 AUTOMATIC FIRE EXTINGUISHING SYSTEMS CERTIFICATION TEXT OF REGULATIONS (Final) Article 1. Administration 920. Authority. Chapter 5.5, Division 1, Title 19 of the California Code of Regulations is adopted bv the State Fire Marshal under the authoritvof Division 12. Part 2. Chapter 1. Section 13110. of the Health and Safety Code of the State of California. NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section 13110, Health and Safety Code. 921. Title. These regulations and standards shall be known as the "Regulations and Standards of the State Fire Marshal," shall be cited as such, and shall be hereinafter referred to as "these regulations." NOTE; Authority cited: Section 13110. Health and Safety Code. Reference: Section 13110, Health and Safety Code. 922. Purpose. The purpose of these regulations and standards is to improve the peri'ormance and reliability of water-based fire protection systems by providing a means to certify and register any person who installs, alters, repairs, or adds appurtenances to such systems. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section -1311-Q-Health-and-5afetv-Gode.-- - - . . 923. Scope. (a) These regulations apply to work consisting of the installation, alteration or repair of all water-based fire protection systems as defined in Section 924.12. EXCEPTIONS: (1) Installation, alteration or repair of one and two-family residential sprinkler systems is excluded from these regulations. (2) The installation, alteration or repair of underground water supply lines from the connection of the water supply to the first joint, or mechanical connection at the base of the system riser, are excluded from these regulations. (3) The Installation of pre-engineered water-based fixed extinguishing systems are excluded from these regulations. 2/9/17 NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section 13110. Health and Safety Code- Article 2. Definitions 924. "A" Definitions. (a) Alteration. A modification or an addition to an existing water-based fire suppression system. (b") Apprentice. A person who is learning by practical experience under the direction of skilled workers, and who is currently registered in a State of California or federally approved Fire Sprinkler Fitter Apprenticeship Program. (c) Authority Having Jurisdiction (AHJ)! The AHJ shall be defined as the State Fire Marshal, a chief of any city or county fire department or fire protection district and their respective authorized representatives in their respective jurisdictions. NOTE: Authority cited: Section 13110 and 13146. Health and Safety Code. Reference: Section 13110 and 13146. Health and Safety Code. 924.1. "C" Definitions. (a) Certified Fire Sprinkler Fitter. (1) A journeyman or individual who has completed a California State or federal Apprenticeship Program, or who possesses an active State of California Contractor State License Board Fire Protection Contractor (C-16) License or (2) Possesses a sprinkler fitter certification card issued by the Office of the State Fire Marshal fOSFM). (b) Certified Fire Sprinkler Fitter Card. A card issued by the Office of the State Fire Marshal to a Certified Sprinkler Fitter upon approval of hieeting the reguirements in Section 939. (c) Commercial Certification. A certification allowing Individuals to perform the i nsta 11 atfo h^ oTwat i r-^sseci 'Ws prdtMt ib h "iwtems^^ amToccu pah"(^ ~ " (d) Correction Order. Identifying what is wrong in a written direction or command delivered by an AHJ. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110. Health and Safety Code. 924.2. "D" Definitions. (a) Direct Supervision. On-site supervision in accordance with Section 926. NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section 13110. Health and Safety Code. 2/9/17 924.3. " F " Definitions. (a) Fire Sprinkler Fitter. A Certified Fire Sprinkler Fitter, fire sprinkler fitter apprentice, or fire sprinkler fitter trainee who performs work as described in Section 923 of this Chapter. NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section 13110. Health and Safety Code. 924.4. "I" Definitions. (a) Installation. All work as described in Section 923 of this Chapter, including new, retrofit, alteration, or repair of water-based fire protection systems. NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section 13110. Health and Safety Code. 924.5. " J " Definitions- fa) Journeyman. A person who has successfully completed the required hours and years of experience of a California State or federally approved Fire Sprinkler Apprenticeship Program or individuals previously certified in accordance with this Chapter. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110. Health and Safety Code. 924.6. " L " Definitions. (a) Licensee. A California Contractor State License Board Fire Protection Contractor (C-16) License holder. NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section 13110, Health and Safety Code. 924.7. "M" Definitions. ia) Multi-Family Residential Certification. A certification allowing individuals to periderm the installation of water-based fire protection systems in multi-family residential structures only and who have met the requirements in Section 945. (b) Multi-Family Residential Structure. A residential occupancy with three (3) or more dwelling units up to, and including, four (4) stories in height, NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section 13110, Health and Safety Code. 924.8. "N" Definitions. 2/9/17 (a) Notice to Appear. A summons or writ by which a person is cited to appear in court. (b1 Notice of Violation. To give attention to an infraction or breach of the law. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110, Health and Safety Code. 924.9. "R" Definitions. (a) Registered Fire Sprinkler Fitter. An apprentice or trainee, meeting the applicable prerequisites as identified in Article 5. who has provided the required documentation, submitted a completed application, paid applicable fees and has obtained a registration card issued by the Office of the State Fire Marshal. (b) Repair, To restore to normal workinq condition or to fix damage. (c) Registered Fire Sprinkler Fitter Card. A card issued bvthe Office of the State Fire Marshal to sprinkler fitter apprentices or trainees upon approval of meeting the reguirements in Sections 937 or 938. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110, Health and Safety Code. 924.10. "S" Definitions- fa^ State Fire Marshal (SFM). Pursuant to the Health and Safety Code. Section 13101. the State Fire Marshal shall be appointed by the Governor with the advice and consent of the senate and shall hold office at the pleasure of the Governor. (b) State Fire Marshal (SFM) Designee. As defined in the Health and Safety Code, Sections 13103 and 13104, the State Fire Marshal Designee are those assistant or Deputy State Fire Marshals who aid in the enforcement of all laws, regulations and ordinances adopted in the State of California and is a person who has been designated by the SFM to act on his/her behalf in an official capacity. NOTE: Authority cited: Sections 13101. 13103. 13104 and 13110. Health and Safety -Cdde^Reference^6ectiohs-1310lTl31Q3ri^i04-sfridi31i0 '~ 924.11. "T" Definitions. (a) Trainee. A person or individual working in the fire protection industry installing water-based fire protection systems at an entpz-level position as described in Section 937. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110. Health and Safety Code. 924.12. "W" Definitions. (a) Water-Based Fire Protection Systems. A system that includes a wet, dry, pre-action, and deluge fire sprinkler system, including small hose connections, standpipe systems. 2/9/17 private fire service mains and their appurtenances, including hydrants and monitor nozzles, water spray systems, foam water systems, fire pumps, water storage tanks, low, medium, and high expansion foam systems, and water mist systems. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110, Health and Safety Code- Article 3. General Provisions and Fee Schedule 925. General Provisions. (a) No person shall engage in the installation of water-based fire protection systems as defined in Section 924.12 without first being ceri:ified or registered in accordance with these regulations and have obtained a ceri:rfication or registration card issued bv the Office of the State Fire Marshal (OSFM). An Apprentice or Trainee shall become registered in accoitlance with the provisions in Article 5. (b) Application for certification or registration shall be made in writing to the Office of the State Fire Marshal on forms AES 1005 or AES 1005A provided bv the Office of the State Fire Marshal. (c) A fee shall accompany each application for certification or registration as prescribed in Section 925.1. All fees reguired in accordance with the provisions of Section 13110 of the Health and Safety Code shall be made payable to "CAL FIRE-OSFM". (d) All fees shall be paid, and mailed to CAL FIRE - Office of the State Fire Marshal- Cashiers Unit - AES Program, P.O- Box 997446. Sacramento, CA 95899-7446. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110, Health and Safety Code. 925.1. Fee Schedule. Fees for application or renewal of any certification or registration issued pursuant to this (1^ Sprinkler Fitter Certification $150 (2) Apprentice Registration $150 (3) Trainee Registration $150 (4) Annual Renewal $150 (5) Replacement Certification or Registration Identification Card $25 (Q) Commercial Continuing Education Unit Course Registration $150 (7) Multi-family Residential Conttnuing Education Unit Course Registration $150 (B) Late Fee (50% of application fee) NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110, Health and Safety Code. 2/9/17 926. Maximum Number of Directly Supervised Employees. A Certified Fire Sprinkler Fitter may supervise the number of apprentices permitted in their Apprenticeship Agreement and up to two (2) trainees. NQTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110, Health and Safety Code- Article 4. Enforcement 927. Vioiations. 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 reguired by this Chapter. The SFM, SFM Designee or AHJ is authorized to reguire 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 13110. Health and Safety Code. 928. Prosecution of Violations. (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. f 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. California 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. If the 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 defined 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 and verification has been made that all work on the fire protection system in question has been performed by duly authorized persons. 2/9/17 NOTE: Authority cited: Sections 13108 and 13110. Health and Safety Code. Reference: Sections 13108 and 13110. Health and Safety 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 (15) days of the issuance of a Notice of Violation or Correction Order. The written report shall contain at a minimum the violator's name, employer, certification or registration number, job location, date of issuance, and a description of each offense. (b) Any report submitted bv the AHJ for violations against a registered Apprentice may be forwarded bv 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 forwarded to the California Contractors State License Board (CSLB). NOTE: Authority 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, permit or other order of the 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 person performs work on a fire protection system without a valid certification or registration shall constitute a separate violation. (d) Any person 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 and, accordingly, shall be subjeet-^to disciplinary action bylihe Co'ntrac^^^ __ (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 and 13197.6. Health and Safety Code. Section 7110. Business and Professions Code. Reference: Sections 13110. 13112 and 13197.6, Health and Safety Code, Section 7110, Business and Professions Code. 932. Denial, Revocation, and Suspension. (a) The State Fire Marshal shall order revocation, suspension or denial of application pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. 2/9/17 (b) The SFM or the SFM Designee shall upon preliminary finding of a violation, suspend any certification or registration for a period not exceeding 30 days pending an investigation of the violation pursuant to Health and Safety Code 13188, (c) The issuance or renewal of a certification or registration may be denied, and certification or registration may be revoked by the Office of the State Fire Marshal for anv of the following reasons: (1) Applicant is not the real person of interest. (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 gualifications, skills or competence to conduct the operations for which application is made as evidenced bv failure to pass the examination. (4) An applicant, certification or reqistration 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 reqistration 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, Health and Safety Code. Section 11500, Govemment 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 of the Business and Professions Code, shall be subject to denial, revocation or suspension. (b) A certification or reqistration holder, upon making contact with a prospective buver. (business owner or owner's representative) shall do the following: (1) State the identity of the 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. - (4VShow'Or-displav-personal Identificatibn'frbm^hei aUtomatic'ex^ 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 properiy licensed contractor performing installation of water-based fire protection systems shall ensure all fire sprinkler fitters under their employment are certified or registered. The licensed contractor shall notify the Office of the State Fire Marshal in writing within seventy-two (72) hours from the date of hire of an employee's status as a 2/9/17 trainee, apprentice or certificate holder. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110- Health and Safety Code- Article 5. Certification and Registration 935. Expired Documents. An Apprentice or Trainee Registration or Fitter Certification, which has expired, shall be considered an original application and the applicant is reguired to comply with all requirements of an original application. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110, Health and Safety Code. 936. Duplicate Issuance. The Office of the State Fire Marshal shall issue a duplicate Apprentice or Trainee Registration Card ora Certification Card in the event of loss, theft, damage or destruction upon receiving an application and fee as prescribed in Section 925,1- NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section 13110- Health and Safety Code. 937. Fire Sprinkler Fitter Trainee Reqistration. (a) A person not registered in a California State or federally approved apprenticeship program, shall be registered with the Office of the State Fire Marshal as a Fire Sprinkler Fitter Trainee and work within the scope of these regulations as a trainee for up to one (1) year from their date of hire. "(b-)^o beTeqi^tered-as^a"traineierah~applicaht"shairm (1) Be 16 years of age or older. (2) Complete an Apprentice/Trainee Registration Application (AES 1005A) accompanied by the fees prescribed in Section 925.1 of these regulations, (3) Provide proof of employment with a licensed California Contractors State License Board C-16 contractor. (c) Upon approval of 1 through 3 above, the applicant will be issued a Trainee Registration Card. (d) Individuals may perform work within the scope of these regulations for no more than ninety (90) days prior to submitting an application to the OSFM. (e) The trainee shall work under the direct supen/ision of a Certified Fire Sprinkler Fitter at all times and shall do the following: (1) Only perform installation of water-based fire protection systems for a properiy licensed California Contractors State License Board C-16 contractor. 2/9/17 (2) Be registered Into a Califomia State or federally approved fire sprinkler fitter apprenticeship program within one (1) year of their date of hire, (f) If the trainee is not accepted into a California State or federally approved fire sprinkler fitter apprenticeship program within one (1) year of their date of hire, the individual shall no longer be registered to work within the scope of these regulations. (g) An original trainee registration shall be valid from the date of issuance through June 30^^- Thereafter, each trainee reqistration shall be renewed annually and is valid from July 1^' through June 30^. NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110, Health and Safety Code. 938. Fire Sprinkler Fitter Apprentice Registration. (a) To be registered as an apprentice, an applicant shall meet the following reguirements: (1) Be 16 years of age or older, (2) Complete an Apprentice/Trainee Registration Application (AES 1005A) accompanied by the fees prescribed in Section 925,1 of these regulations. (3) Provide proof of acceptance into a State of California or federally approved fire sprinkler fitter apprenticeship program. (4) Provide proof of employment with a licensed California Contractors State License Board C-16 contractor (b) Upon approval of 1 through 4 above, an applicant will be issued an Apprentice Registration Card, (c) The apprentice shall work under the direct supervision of a Certified Fire Sprinkler Fitter at all times. (d) A person possessing an Apprentice Registration shall only perform installation of water-based fire protection systems for a properiy licensed California CSLB C-16 Contractor, (e) A person registered as an apprentice shall perform tasks within the scope of this Chapter and meet any additional apprenticeship program standards for this occupation. (f)"An original-apt)r§ntibetel3istra ' June 3Q'^ Thereafter, each apprentice registration shall be renewed annually and is valid from July 1^* through June 30^^ NOTE: Authority cited: Section 13110. Health and Safety Code. Reference: Section 13110, Health and Safety Code. 939- Fire Sprinkler Fitter Certification. (a) To be certified as a Fire Sprinkler Fitter, an applicant shall meet the following reguirements: (1) Be 16 years of age orolder, (2) Complete a Sprinkler Fitter Certification Application (AES 1005) accompanied bv the fees prescribed in Section 925.1 of these regulations. (3) Provide one of the following: 10 2/9/17 (A) Proof of completion of a State of California or federally approved fire sprinkler fitter apprenticeship program. (B) Proof of a valid State of California Contractors State License Board Fire Protection Contractor (C-16) License. (4) Pass a written examination. (b) Upon approval of 1 through 4 above, the applicant will be issued a Certification Card. (c) A person possessing a certification and performing Installation of water-based fire protection systems for a properiy licensed California Contractors State License Board C- 16 contractor, shall perform only those tasks which the certificate holder is authorized to perform, and for which the person is qualified in accordance with Section 945. (d) An original certification shall be valid from the date of issuance through June 30*^, Thereafter, each certification shall be renewed annually and is valid from July 1^^ through June 30"^- NOTE: Authority cited: Section 13110, Health and Safety Code. Reference: Section 13110. Health and Safety Code, 940. Examination Procedures. (a) Every person, prior to performing any task or tasks within the scope of a certification, shall pass a written examination in accordance with the provisions of this Chapter. (b) Any applicant who has failed to schedule an examination within thirty (30) days of the date of a Notice of Eligibility shall forfeit the application fee, and shall be required to re-apply. A new Sprinkler Fitter Certification Application (AES 1005) along with payment of applicable fees will be reguired at that time. (c) Any applicant who has failed an examination may re-apply to take another examination no less than thirty (30) days from the date of the failed examination. A new Sprinkler Fitter Certification Application (AES 1005) along with payment of applicable fees will be reguired at that time. (d) A person having taken an examination shall have the right to contest the validity of individual examination guestions- -"f1) Within"fifteeh-(151"davsrd^^ ^^ having taken the examination may reguest a review of the exam results by the staff of the Office of the State Fire Marshal and the Office of the State Fire Marshal will provide a list of the subject areas where study is needed. Reguests shall state the name of the examinee, date of exam, and name of exam. (2) Any challenge as to the validity of individual questions on an examination shall be made in writing within seventy-two (72) hours of receiving the results of said examination. Challenges shall state the name of the examinee, date of exam, name of exam, and reason for the objection. (3) The decision as lo the action to be taken on the submitted challenge shall be made by the Office of the State Fire Marshal and such decisions shall be final. (4) The action taken by the Office of the State Fire Marshal shall be reflected in all future examinations but