8.__Inspection sticker.__"Inspection sticker" means the document issued by the commissioner to verify that the fire alarm system has been inspected and conforms to state and national standards adopted by the commissioner for that installation.

9.__Installation.__"Installation" means the initial placement of a fire alarm system containing more than 6 devices, the modification of an existing fire alarm system through the addition of more than 6 devices or the relocation of more than 12 existing devices of an existing fire alarm system.

10.__License.__"License" means the document issued by the commissioner to a contractor, authorizing the contractor to engage in the installation, inspection or testing of a fire alarm system in this State in regulated structures.

11.__Office.__"Office" means the Office of the State Fire Marshal.

12.__Plan.__"Plan" means a shop drawing or erection plan of a fire alarm system or a part of a fire alarm system.

13.__Planning.__"Planning" means to draw or create plans.

14.__Regulated structure.__"Regulated structure" means the following buildings, as those buildings are defined in the National Fire Protection Association Life Safety Code as amended and adopted by the commissioner:

A.__Beginning May 1, 2003, a structure licensed for occupancy by the Department of Human Services, whether as a new or renewal license, a high-rise building and an educational facility for grades to grade 12; and

B.__Beginning May 1, 2005, a dormitory or hotel, a mercantile building over 12,000 square feet, a business building over 12,000 square feet, a building over 12,000 square feet of mixed mercantile and business use, a place of assembly with an occupancy load of 300 people or more, an apartment building and a municipal or state-owned building.

The listing of a regulated structure here may not be interpreted as requiring the regulated structure to have a fire alarm system.

15.__Test.__"Test" means to execute performance operations on a fire alarm system.

§1392.__Regulation

1.__Licenses.__The following documentation is required for persons involved in the installation of fire alarm systems.

A.__A person or company who undertakes installation of a fire alarm system or any part of the system in a regulated structure in this State must be licensed as a fire alarm system contractor and shall provide a copy of the company certificate issued to that person or company.

B.__A fire alarm system contractor may subcontract with a licensed electrician to install a fire alarm system without requiring the licensed electrician to be licensed as a fire alarm system contractor.

C.__Any person or company who inspects a fire alarm system in a regulated structure must be a fire alarm system contractor or be either an employee or subcontractor of a fire alarm system contractor or an agent of municipal government or State Government.

D.__A fire alarm system contractor's license is not transferable.

E.__Prior to or within 10 days after terminating a contractual agreement with Underwriters Laboratories, Inc. or another nationally recognized independent testing company, a licensed fire alarm system contractor shall notify the office of that termination.

F.__All fire alarm system contractor licenses expire May 1st every year.

2.__Inspections; stickers and certificates.__An inspection of a fire alarm system must be performed in accordance with this subsection.

A.__An inspection of a fire alarm system in a regulated structure must be conducted by a fire alarm system contractor in accordance with the National Fire Protection Association Code 72 or a successor publication, as adopted by the department.

B.__The office shall issue an inspection sticker to any person who submits a current fire alarm system certificate indicating that a fire alarm system is in proper operating condition.

C.__Inspection stickers are issued annually and must be affixed to the fire alarm control panel in a conspicuous place.

D.__A fire alarm system inspection sticker is not transferable.

E.__A fire alarm system contractor who ceases to operate in this State shall return all unused inspection stickers to the office.

F.__Each fire alarm system certificate issued must be posted in a conspicuous place in the place of business of the person to whom it is issued, at or near the fire alarm system control panel.

G.__A fire alarm system certificate is not transferable.

3.__Permits.__Permits for the installation of fire alarm systems are governed by this subsection.

A.__A municipality may not issue a permit for a fire alarm system unless the municipality is satisfied that the person or company applying for the permit complies with this chapter.

B.__Prior to installation of any fire alarm system, a fire alarm system contractor shall obtain a permit from the office.__The office shall review the plan for installation and charge a reasonable fee for the review and permitting process.

C.__An application for a fire alarm system permit must be made on forms provided by the office.

D.__All plans submitted to the office must provide documentation to show compliance with National Fire Protection Association Codes 70 and 72 as adopted by the department.__Beginning May 1, 2005, all plans submitted to the office for the purpose of obtaining a fire alarm system permit must have the stamp of an engineering technician certified as a Level III or Level IV technician in fire alarm systems by the National Institute for Certification in Engineering Technologies or the stamp of a professional engineer licensed in this State.

E.__Each permit issued, or a copy of the permit, must be displayed at the installation site or be readily available at the installation site.

F.__Within 30 days of the completion of a new fire alarm system or an addition or renovation to an existing fire alarm system, a fire alarm system contractor shall provide to the office a copy of the fire alarm system certificate representing that the fire alarm system has been installed according to specifications of the approved plan to the best of the contractor's knowledge, information and belief.

§1393.__Implementation

1.__Fees.__The office, by rule, shall set fees for licensure, permits and inspection stickers, which must be just sufficient to cover the costs of implementing and carrying out the provisions of this chapter.__All fees received by the office must be paid to the State Treasurer and used for carrying out this chapter.__Any balance of these fees does not lapse but is carried forward as a continuing account to be expended for the same purposes in the following fiscal years.

2.__Employees.__The commissioner may appoint, subject to the Civil Service Law, those employees necessary to carry out the provisions of this chapter.__Any person so employed is under the administrative and supervisory direction of the office.

3.__Complaints; license suspension.__The commissioner may investigate or cause to be investigated all complaints made to the commissioner and all cases of noncompliance with or a violation of this chapter.

A.__The commissioner may suspend or revoke a license pursuant to Title 5, section 10004.__The commissioner may refuse to issue or renew a license or the district court may suspend, revoke or refuse to renew the license of a person or company who is found guilty of:

(1)__The practice of any fraud or deceit in obtaining a license;

(2)__Negligence, incompetence or misconduct in the planning, installation or inspection of a fire alarm system.__Continued failure to conform to standards or rules adopted by the department is prima facie evidence of negligence or incompetence;

(3)__A violation of this chapter or any rule adopted by the department; or

(4)__Subject to the limitations of Title 5, chapter 341, a crime that involves dishonesty or false

statement, that relates directly to the practice of fire alarm system planning, installation or inspection or any crime for which incarceration for one year or more may be imposed.

B.__The commissioner, for reasons the commissioner determines sufficient, may reissue a license to any person whose license has been revoked pursuant to this subsection.

4.__Criminal penalty and injunction.__This subsection applies in addition to the license suspension or revocation imposed pursuant to subsection 3.

A.__A person or company who plans, installs or inspects a fire alarm system, or any part of that system, without obtaining the required license, or after the license has expired or been suspended, revoked or temporarily suspended or revoked, or who installs or alters a system without obtaining a permit as required by this chapter is guilty of a Class E crime.

B.__The State may bring an action in Superior Court to enjoin any person from violating the provisions of this chapter, regardless of whether proceedings have or may be instituted in District Court or whether criminal proceedings have been or may be instituted.

5.__Rulemaking.__The office shall adopt rules necessary for the implementation of this chapter.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill enacts the fire alarm system contractor program to regulate the installation and inspection of fire alarm systems over a specified size in those buildings in which fire alarm systems are required, such as certain facilities licensed by the Department of Human Services, high-rise buildings, educational facilities for students through the 12th grade, dormitories, hotels, mercantile and business buildings with a square footage in excess of 12,000 feet, places of assembly with an occupancy load of 300 people or more, apartment buildings and all municipal and State-owned buildings.

A person who plans, installs, modifies or inspects a fire alarm system in one of the regulated structures is required to obtain certification from Underwriters Laboratories, Inc. or another nationally recognized independent testing company that

has been approved by the Department of Public Safety, Office of the State Fire Marshal and present this certification to the State Fire Marshal in order to be licensed. The State Fire Marshal will provide inspection stickers to be placed on the fire alarm system indicating that the system is in proper working condition. The State Fire Marshal is authorized to set licensing fees and inspection sticker costs in an amount that creates enough revenue to maintain the fire alarm system contractor certification program.

The program is phased in over a 3-year period. Persons installing or inspecting fire alarm systems in facilities licensed by the Department of Human Services, high-rise buildings and educational facilities for students through the 12th grade are required to comply by May 1, 2003. Full compliance for all other regulated structures is required by May 1, 2005.