This section modifies existing section 18.160.030. Here is the modified chapter for context.
This chapter shall be administered by the state director of fire protection.
The state director of fire protection shall have the authority, and it shall be his or her duty to:
Issue such administrative regulations as necessary for the administration of this chapter;
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Set reasonable fees for licenses, certificates, testing, and other aspects of the administration of this chapter. However, the license fee for fire protection sprinkler system contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-D fire protection sprinkler systems shall not exceed $200, and the license fee for fire protection sprinkler system contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-R fire protection sprinkler systems shall not exceed $600;
Adopt rules establishing a special category restricted to contractors registered under chapter 18.27 RCW who install underground systems that service fire protection sprinkler systems. The rules shall be adopted within ninety days of March 31, 1992;
Subject to RCW 18.160.120, adopt rules defining infractions under this chapter and fines to be assessed for those infractions;
Enforce the provisions of this chapter;
Conduct investigations of complaints to determine if any infractions of this chapter or the regulations developed under this chapter have occurred;
Assign a certificate number to each certificate of competency holder; and
Adopt rules necessary to implement and administer a program which requires the affixation of a seal any time a fire protection sprinkler system is installed, which seal shall include the certificate number of any certificate of competency holder who installs, in whole or in part, the fire protection sprinkler system.
This section modifies existing section 18.160.050. Here is the modified chapter for context.
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All certificate of competency holders that desire to continue in the fire protection sprinkler business shall annually, prior to January 1st, secure from the state director of fire protection a renewal certificate of competency upon payment of the fee as prescribed by the state director of fire protection. Application for renewal shall be upon a form prescribed by the state director of fire protection and the certificate holder shall furnish the information required by the director.
Failure of any certificate of competency holder to secure his or her renewal certificate of competency within 60 days after the due date shall constitute sufficient cause for the state director of fire protection to suspend the certificate of competency.
The state director of fire protection may, upon the receipt of payment of all delinquent fees including a late charge, restore a certificate of competency that has been suspended for failure to pay the renewal fee.
A certificate of competency holder may voluntarily surrender his or her certificate of competency to the state director of fire protection and be relieved of the annual renewal fee. After surrendering the certificate of competency, he or she shall not be known as a certificate of competency holder and shall desist from the practice thereof. Within two years from the time of surrender of the certificate of competency, he or she may again qualify for a certificate of competency, without examination, by the payment of the required fee. If two or more years have elapsed, he or she shall return to the status of a new applicant.
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All licensed fire protection sprinkler system contractors desiring to continue to be licensed shall annually, prior to January 1st, secure from the state director of fire protection a renewal license upon payment of the fee as prescribed by the state director of fire protection. Application for renewal shall be upon a form prescribed by the state director of fire protection and the license holder shall furnish the information required by the director.
Failure of any license holder to secure his or her renewal license within 60 days after the due date shall constitute sufficient cause for the state director of fire protection to suspend the license.
The state director of fire protection may, upon the receipt of payment of all delinquent fees including a late charge, restore a license that has been suspended for failure to pay the renewal fee.
The initial certificate of competency or license fee shall be prorated based upon the portion of the year such certificate of competency or license is in effect, prior to renewal on January 1st.
The fire protection contractor license fund is created in the custody of the state treasurer. Except for penalties received under RCW 18.160.120, all receipts from license and certificate fees and charges or from the money generated by the rules and regulations promulgated under this chapter shall be deposited into the fund. Expenditures from the fund may be used only for purposes authorized under this chapter and for providing assistance in identifying fire sprinkler system components that have been subject to either a recall or voluntary replacement program by a manufacturer of fire sprinkler products, a nationally recognized testing laboratory, or the federal consumer product safety commission; and for use in developing and publishing educational materials related to the effectiveness of residential fire sprinklers. Assistance shall include, but is not limited to, aiding in the identification of recalled components, information sharing strategies aimed at ensuring the consumer is made aware of recalls and voluntary replacement programs, and providing training and assistance to local fire authorities, the fire sprinkler industry, and the public. Only the state director of fire protection or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
This section modifies existing section 18.160.080. Here is the modified chapter for context.
The state director of fire protection must refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:
Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;
Except as provided in RCW 9.97.020, conviction of a felony;
Fraudulent or dishonest practices while engaging in the fire protection sprinkler system business;
Use of false evidence or misrepresentation in an application for a license or certificate of competency;
Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or
Knowingly violating any provisions of this chapter or the regulations issued thereunder.
The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.
The state director of fire protection shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order. If the person has continued to meet all other requirements for issuance or reinstatement during the suspension, issuance or reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.
Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW. This subsection does not apply to actions taken under subsection (3) of this section.
This section modifies existing section 18.160.110. Here is the modified chapter for context.
Civil proceedings to enforce this chapter must be brought by the attorney general or the prosecuting attorney of any county where a violation occurs on his or her own motion or at the request of the state director of fire protection.
This section modifies existing section 18.160.120. Here is the modified chapter for context.
A fire protection sprinkler system contractor found to have committed an infraction under this chapter as defined in rule under RCW 18.160.030(2)(b)(iii) shall be assessed a fine of not less than $400 and not more than $10,000 for the first infraction, a fine of not less than $800 and not more than $15,000 for a second infraction by the same contractor, and a fine of not less than $1,500 and not more than $20,000 for the third and any subsequent infractions by the same contractor.
A fire protection sprinkler system contractor who fails to obtain a certificate of competency under RCW 18.160.040 shall be assessed a fine of not less than $2,000 and not more than $10,000 for the first infraction, and a fine of not less than $5,000 and not more than $20,000 for a second infraction by the same contractor, and a fine of not less than $10,000 and not more than $50,000 for the third and any subsequent infractions by the same contractor.
All fines collected under this section shall be deposited into the fire protection compliance account.
This section adds a new section to an existing chapter 18.160. Here is the modified chapter for context.
The fire protection compliance account is created in the custody of the state treasurer. All fines collected under RCW 18.160.120 and the rules and regulations adopted under RCW 18.160.120 must be deposited into the account. Expenditures from the account may only be used for the purposes of enforcing this chapter. Only the state director of fire protection or their designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
This section modifies existing section 18.270.050. Here is the modified chapter for context.
A certificate expires on December 31st.
The certificate shall be renewed every other year.
Before the expiration date of the certificate, every applicant shall reapply to the director on an application form provided by the director and pay the application fee as provided by rule.
If a certificate is not renewed before its expiration date, an applicant must:
Apply to the director on an application form provided by the director;
Pay an application fee to the director as provided by rule;
Pay an examination fee as provided by rule; and
Successfully pass the written examination required by this chapter.
Upon approval of a certificate renewal, the director must provide the certificate holder with the renewal directly through certified mail.
This section modifies existing section 18.270.070. Here is the modified chapter for context.
An authorized representative of the director must investigate alleged violations of this chapter. Upon request of an authorized representative, a person performing fire protection sprinkler fitting or residential sprinkler fitting work must produce evidence of a certificate issued by the director in accordance with this chapter. Failure to produce such evidence is an infraction as provided by RCW 18.270.020.
This section modifies existing section 18.270.900. Here is the modified chapter for context.
This chapter shall be administered by the director.
The director must adopt rules necessary for the administration of this chapter.