H*2501 Session 106 (1985-1986)
H*2501(Rat #0286, Act #0188 of 1985) General Bill, By T.M. Burriss
A Bill to provide for the regulation of the planning, installation, and
maintenance of fire protection sprinkler systems and to provide penalties for
violations.
02/28/85 House Introduced and read first time HJ-1047
02/28/85 House Referred to Committee on Labor, Commerce and
Industry HJ-1047
04/24/85 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-2647
04/30/85 House Objection by Rep. Blackwell, L. Martin & BL
Hendricks HJ-2751
05/08/85 House Objection withdrawn by Rep. Blackwell, L. Martin
& BL Hendricks HJ-3005
05/09/85 House Amended HJ-3090
05/09/85 House Read second time HJ-3097
05/10/85 House Read third time and sent to Senate HJ-3128
05/15/85 Senate Introduced and read first time SJ-2102
05/15/85 Senate Referred to Committee on Labor, Commerce and
Industry SJ-2102
05/30/85 Senate Recalled from Committee on Labor, Commerce and
Industry SJ-2389
06/05/85 Senate Amended SJ-2840
06/05/85 Senate Read second time SJ-2840
06/05/85 Senate Unanimous consent for third reading on next
legislative day SJ-2841
06/06/85 Senate Read third time SJ-2878
06/06/85 Senate Returned SJ-2878
06/06/85 House Concurred in Senate amendment and enrolled HJ-4002
06/18/85 Ratified R 286
06/21/85 Signed By Governor
06/21/85 Effective date 06/21/85
06/21/85 Act No. 188
07/10/85 Copies available
(A188, R286, H2501)
AN ACT TO PROVIDE FOR THE REGULATION OF THE PLANNING, INSTALLATION, AND
MAINTENANCE OF FIRE PROTECTION SPRINKLER SYSTEMS AND TO PROVIDE PENALTIES FOR
VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Fire protection sprinkler systems act
SECTION 1. This act may be cited as the "Fire Protection Sprinkler
Systems Act".
Installation and maintenance
SECTION 2. The General Assembly finds it necessary to assure the people of South
Carolina that fire protection sprinkler systems are being installed and
maintained by persons or organizations that are duly licensed to engage in the
planning, sale, installation, repair, alteration, addition, maintenance, or
inspection of these systems by the South Carolina Licensing Board for
Contractors.
Definition
SECTION 3. As used in this act:
(1) "Fire protection sprinkler contractor" means a person engaged
in the planning, sale, installation, repair, alteration, addition, maintenance,
or inspection of fire protection sprinkler systems or water spray systems but
does not include local building officials, fire inspectors, or insurance
inspectors when acting in their official capacity.
(2) "Licensed fire protection sprinkler contractor" means a fire
protection sprinkler contractor who has qualified for and received a license from
the South Carolina Licensing Board for Contractors.
(3) "Certificate holder" means an individual who has satisfactorily
passed the NICET Level III Fire Sprinkler Technician's Written Competency Test.
(4) "NICET" means the National Institute for Certification in
Engineering Technologies.
(5) "South Carolina Licensing Board for Contractors' license" means
the license issued by the South Carolina Licensing Board for Contractors to a
fire protection sprinkler contractor who has submitted (a) an application which
is approved; (b) the fee; (c) proof of insurance in an amount and of the type
required by this act; and (d) proof that the contractor has in its employ a
certificate holder who is either a full-time owner, a partner, an officer, or in
a management position. The license is issued in the name of the fire protection
sprinkler contractor with the name of the certificate holder on the license.
(6) "Fire protection sprinkler system" means a system of overhead
and underground piping to protect the interior or exterior of a building or
structure from fire where the primary extinguishing agent is water and designed
in accordance with fire protection
engineering standards. All fire protection systems must be installed according
to applicable national standards including pamphlet No. 13 (1985) and pamphlet
No. 14 (1984) of the National Fire Protection Association (N.F.P.A.), and all
N.F.P.A. standards, and the Standard Building Code (1982). The system includes
the overhead and underground water mains, fire hydrants and hydrant mains,
standpipes and hose connection to sprinkler systems, supplied from a reliable,
constant, and sufficient water supply, such as a gravity tank, fire pump,
reservoir, or pressure tank, or connection by underground piping to a city main.
The system is a network of specially sized or hydraulically designed piping
installed in a building, structure, or area, generally overhead, and to which
sprinklers are connected in a systematic pattern. The system includes a
controlling valve and a device for actuating an alarm when the system is in
operation. The system is usually activated by heat from a fire and discharges
water over the fire area. Fire protection sprinkler systems include the
following types: wet-pipe systems, dry-pipe systems, preaction systems,
residential systems, deluge systems, combined dry-pipe and preaction systems,
nonfreeze systems, and circulating closed loop systems.
(7) "Water spray or water foam system" means a special fixed
overhead and underground pipe system connected to a reliable source of fire
protection water supply or foam supply equipped with spray nozzles for specific
discharge and distribution over the surface or area to be protected. The piping
system is connected to the water supply through an automatically or manually
activated valve which initiates the flow of water. An automatic valve is
activated by operation of automatic detection equipment, hydraulic, pneumatic,
or electrically operated, normally installed in the same areas as the spray
nozzles. The system is supplied from a reliable, constant, and sufficient water
supply such as a gravity tank, fire pump, reservoir, or pressure tank or
connection by underground to a city main. A water foam system includes an
adequate reliable supply of foaming agent.
(8) "Person" means individual, partnership, corporation,
association, or joint venture.
State fire marshal
SECTION 4. The State Fire Marshal shall enforce the provisions of this act
pursuant to Section 23-9-40(c), Code of Laws of South Carolina, 1976. The State
Fire Commission may promulgate regulations to carry out the provisions of this
act.
Violations
SECTION 5. It is unlawful for any person to engage in the planning, sale,
installation, repair, alteration, addition, maintenance, or inspection of a fire
protection sprinkler system, water spray, or water foam system in this State
except in conformity with the provisions of this act.
Licensing
SECTION 6. Any person desiring to become a licensed fire protection sprinkler
contractor shall submit to the South Carolina Licensing Board for Contractors on
standard forms provided by the South Carolina Licensing Board for Contractors an
application complete with all information required. The applicant shall include
with the application a reasonable fee to be determined by the South Carolina
Licensing Board for Contractors not to exceed five hundred dollars.
All fees associated with the NICET Level III Fire Sprinkler Technician's
Written Competency Test are the responsibility of the fire protection sprinkler
contractor.
If the applicant provides a sworn affidavit (complete with name, description,
and location) from each of three professional engineers currently registered in
the State to the effect that the applicant has satisfactorily supervised the
sale, planning, and installation of at least one fire protection sprinkler system
of more than two hundred sprinklers in size for each engineer and has been
continuously licensed in South Carolina as a fire protection sprinkler contractor
since January 30, 1982, the requirement that a certificate holder be in the
employ of the contractor who is either a full-time owner, a partner, an officer,
or in a management position with the fire protection sprinkler contractor is
waived if the application is submitted prior to September 1, 1985.
Insurance
SECTION 7. The South Carolina Licensing Board for Contractors may not issue a
license.unless the applicant provides proof that comprehensive liability
insurance coverage has been obtained. The liability insurance policy shall
provide coverage in an amount not less than one hundred thousand dollars and
shall cover any loss to property or personal injury caused by the fire protection
sprinkler contractor. The policy must be purchased from an insurer authorized to
do business in this State.
Application fee
SECTION 8. If a completed application has been approved, the fee has been paid,
proof of insurance provided, and the certificate holder found to be at present
a full-time owner, partner, officer, or in a management position of the fire
protection sprinkler contractor, the South Carolina Licensing Board for
Contractors shall issue within thirty days a South Carolina Licensing Board for
Contractors' license in the name of the fire protection sprinkler contractor with
the name of the certificate holder noted thereon.
License limitations
SECTION 9. In no case is a certificate holder allowed to obtain a South Carolina
Licensing Board for Contractors' license for more than one fire protection
sprinkler contractor at a time. If the certificate holder leaves the employment
of the fire protection sprinkler contractor, he must notify the South Carolina
Licensing Board for Contractors within thirty days. The certificate holder is
not eligible to obtain a South Carolina Licensing Board for Contractors' license
for more than one other fire protection sprinkler contractor for a period of
twelve months thereafter. If the certificate holder leaves the employment of the
fire protection sprinkler contractor the contractor has six months to submit a
new application on another certificate holder who is at present a full-time
owner, partner, officer, or in a management position of the fire protection
sprinkler contractor and be issued a new license. If the application is not
received and a new license issued within the allotted time, the South Carolina
Licensing Board for Contractors shall revoke the existing license of the fire
protection sprinkler contractor.
Expiration
SECTION 10. The South Carolina Licensing Board for Contractors' license shall
expire annually at midnight on July thirty-first. At least thirty days prior,
the fire protection sprinkler contractor must submit a renewal application. A
renewal fee of one hundred dollars must be submitted with the application. A
revoked or expired license may be reinstated by making application as before and
payment of the fee.
Local license
SECTION 11. If a fire protection sprinkler contractor desires to do business in
any part of the State he is required to deliver to the local building official
a copy of the South Carolina Licensing Board for Contractors' license. The local
building official shall require a copy of the South Carolina Licensing Board for
Contractors' license before issuing a local license or building permit. The
licensed fire protection sprinkler contractor is required to pay any fees
normally imposed for local licenses or permits but the local official shall
impose no other requirements on the licensed fire protection sprinkler contractor
to prove competency other than a valid South Carolina Licensing Board for
Contractors' license.
Regulation
SECTION 12. Nothing in this act limits the power of a municipality, county, or
the State to regulate the quality and character of work performed by contractors,
through a system of permits, fees, and inspections which are designed to assure
compliance with, and aid in the implementation of, state and local laws for the
protection of the public health and safety. Nothing in this act limits the power
of a municipality, county, or the State to adopt any system of permits requiring
submission to and approval by the municipality, county, or the State, of plans
and specifications for work to be performed by contractors before commencement
of the work. The official authorized to issue building or other related permits
shall ascertain that the fire protection sprinkler contractor is duly licensed
by requiring evidence of a valid South Carolina Licensing Board for Contractors'
license.
Application
SECTION 13. This act applies to any fire protection sprinkler contractor
performing work for any municipality, county, or the State. Officials of any
municipality, county, or the State are required to determine compliance with this
act before awarding any contracts for the planning, sale, installation, repair,
alteration, addition, or inspection of a fire protection sprinkler system, water
spray, or water foam system. Bids must be accompanied by a copy of a valid South
Carolina Licensing Board for Contractors' license.
Funds
SECTION 14. All funds collected pursuant to this act must be deposited in the
State Treasury to the credit of the General Fund. The State Fire Marshal is
authorized to expend monies from the State Fire Marshal's fund for the
enforcement of this act. The State Fire Marshal may receive grants and donations
from associations, firms, or individuals who are interested in improving the fire
protection sprinkler industry by means of establishing adequate educational,
training, and competency programs.
Violation
SECTION 15. Whenever the State Fire Marshal has reason to believe that any
person is or has been violating any provision of this act he or his deputy or
assistant may issue and deliver to the person an order to cease and desist such
violation. Any person who fails to comply with any order under this section is
guilty of a misdemeanor and may be punished as provided by law. In addition, the
State Fire Marshal may impose a penalty, not to exceed two hundred fifty dollars,
for each day the violation exists. Violation of any provision of this act or
failure to comply with a cease and desist order is cause for revocation of the
State Fire Marshal's certificate. Decisions may be appealed in the same manner
as provided for in Section 23-9-70 of the 1976 Code.
Time effective
SECTION 16. This act shall take effect upon approval by the Governor. |