Bill Summary – FastDemocracy

SENATE BILL NO. 778
     March 12, 2024, Introduced by Senators WOJNO, SHINK, LAUWERS, SINGH, BAYER,
       HERTEL and GEISS and referred to the Committee on Regulatory Affairs.
          A bill to create the community risk reduction fund in the
    state treasury; to require licensure or registration for automatic
    fire protection system installation and sponsors of continuing
    education; to prescribe penalties and civil sanctions; to provide
    for the powers and duties of certain state and local governmental
    officers and entities; to provide for the promulgation of rules;
    and to create the sprinkler fitter exam committee.
                  THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 1. This act may be cited as the "fire sprinkler
 installation act".
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         Sec. 2. As used in this act:
         (a) "Acceptance testing" means work that verifies the
 aboveground and underground piping of an automatic fire protection
 system was installed in accordance with nationally recognized
 standards and includes, but is not limited to, all of the following
 work:
         (i) Flushing.
         (ii) A hydrostatic test of piping.
         (iii) An operational test on a newly installed automatic fire
 protection system, including, but not limited to, a test of 1 or
 more of the following:
         (A) Air pressure.
         (B) A backflow preventer.
         (C) A deluge trip.
         (D) A dry pipe.
         (E) A fire pump.
         (F) A main drain.
         (G) A preaction valve.
         (H) A pressure reducing valve.
         (I) A water flow alarm.
         (b) "AFSA" means the American Fire Sprinkler Association.
         (c) "Apprentice sprinkler fitter" means an individual
 registered under section 9.
         (d) "Automatic fire protection system" means either of the
 following:
         (i) A fire sprinkler system that is for a commercial building
 and is designed and installed in accordance with nationally
 recognized standards and consists of piping that conveys air, foam,
 or water, regardless of whether any other agent is conveyed, to an
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 opening or a device that contains, controls, or extinguishes a
 fire.
         (ii) A fire sprinkler system that is for a commercial building
 and meets all of the following requirements:
         (A) Consists of aboveground and underground piping.
         (B) Includes a water supply or connection to water that begins
 on the supply side of a gate valve located at or near the property
 line for which the system is used.
         (C) Provides water to a fire sprinkler system described in
 subparagraph (i) only.
         (e) "Automatic fire protection system inspection" means a
 visual examination of an automatic fire protection system to verify
 that the system appears to be in operating condition and free of
 damage.
         (f) "Automatic fire protection system installation" means
 acceptance testing or the adjustment, dismantlement, modification,
 repair, replacement, or servicing of an automatic fire protection
 system. Automatic fire protection system installation includes, but
 is not limited to, all of the following:
         (i) Assembling metal or nonmetal pipe fittings, including, but
 not limited to, brass, copper, glass, lead, or plastic pipe
 fittings, for an automatic fire protection system.
         (ii) Joining pipes for an automatic fire protection system in
 any way, including, but not limited to, any of the following ways:
         (A) Brazing.
         (B) Caulking.
         (C) Cementing.
         (D) Fusing.
         (E) Grooving.
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       (F) Soldering.
       (G) Threading.
       (H) Wiping.
       (iii) Securing the pipes of an automatic fire protection system
 to a structure by any means, including, but not limited to, any of
 the following means:
       (A) A bracket.
       (B) A clamp.
       (C) A hanger.
       (D) A weld.
       (g) "Automatic fire protection system maintenance test" means
 a periodic and physical test of an automatic fire protection system
 to determine the operational status of a component in the system,
 including, but not limited to, a test of 1 or more of the
 following:
       (i) An alarm.
       (ii) A dry pipe, deluge, or preaction valve trip.
       (iii) A fire pump.
       (iv) Water flow.
       (h) "Bureau" means the bureau of fire services created in
 section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b.
       (i) "Committee" means the sprinkler fitter exam committee
 created in section 21.
       (j) "Continuing education" includes any of the following that
 relate to automatic fire protection system installation:
       (i) A workshop, seminar, or education conference that is
 approved or sponsored by any of the following:
       (A) AFSA, or a successor organization.
       (B) An automatic fire protection system manufacturer.
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       (C) The bureau.
       (D) NFSA, or a successor organization.
       (ii) A course in specialized programs approved or sponsored by
 the bureau.
       (iii) A distance learning, video, or correspondence course
 approved or sponsored by the bureau.
       (iv) Continuing education that has been obtained in another
 state and is approved by the bureau.
       (v) College or vocational school coursework that is approved
 by the bureau.
       (k) "Department" means the department of licensing and
 regulatory affairs.
       (l) "Fire inspector" means this state or a local unit of
 government that enforces the automatic fire protection system law
 of this state.
       (m) "Fire sprinkler contractor" means an individual who holds
 a mechanical contractor's license with a fire suppression
 classification or limitation under article 8 of the skilled trades
 regulation act, 2016 PA 407, MCL 339.5801 to 339.5819.
       (n) "Fund" means the community risk reduction fund created in
 section 3.
       (o) "Nationally recognized standards" means the standards
 adopted by this state.
       (p) "NFSA" means the National Fire Sprinkler Association.
       (q) "Person" means an individual, partnership, cooperative,
 association, private or public corporation, personal
 representative, receiver, trustee, assignee, or other legal entity.
       (r) "Registered fire sprinkler program" means an
 apprenticeship program that is not less than 4 years long; is
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 registered with the United States Department of Labor or this
 state; and involves not less than 8,000 hours of documented
 practical experience in automatic fire protection system
 installation and not less than 280 hours of classroom, shop, or
 other related instruction in the fire protection trade.
       (s) "Sprinkler fitter journeyperson" means an individual
 licensed under section 7.
       (t) "Water supply" means any of the following:
       (i) A fire pump.
       (ii) A gravity tank.
       (iii) A pressure tank.
       (iv) A reservoir.
       Sec. 3. (1) The community risk reduction fund is created in
 the state treasury.
       (2) The state treasurer shall deposit money and other assets
 from any source in the fund. The state treasurer shall direct the
 investment of money in the fund and credit interest and earnings
 from the investments to the fund.
       (3) The bureau is the administrator of the fund for audits of
 the fund.
       (4) The bureau shall expend money from the fund on
 appropriation, only for 1 or more of the following purposes:
       (a) The administration and enforcement of this act.
       (b) Other operations of the bureau, including, but not limited
 to, any of the following:
       (i) Educational outreach.
       (ii) Indirect overhead.
       (5) Each year, before September 30, the state treasurer shall
 notify the senate majority leader, the speaker of the house of
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 representatives, and the state fire marshal of both of the
 following:
       (a) The amount of interest credited to the fund during the
 most recently completed fiscal year.
       (b) The balance of the fund on the first day of the fiscal
 year that immediately succeeds the fiscal year described in
 subdivision (a).
       (6) The state fire marshal may bring an action to collect a
 civil fine under this act. A fine collected must be deposited in
 the fund.
       Sec. 5. (1) Subject to section 19, an individual shall not
 perform automatic fire protection system installation unless the
 individual is a sprinkler fitter journeyperson or an apprentice
 sprinkler fitter.
       (2) An individual who violates subsection (1) is subject to a
 civil fine of not more than $1,000.00.
       (3) Subject to section 19, a person that performs automatic
 fire protection system installation shall not do either of the
 following:
       (a) Employ an individual for automatic fire protection system
 installation unless the individual is a sprinkler fitter
 journeyperson or an apprentice sprinkler fitter.
       (b) Employ a number of apprentice sprinkler fitters at a
 worksite that is more than 2 times the number of sprinkler fitter
 journeypersons that the person employs at the same worksite.
       (4) A person that violates subsection (3) is subject to a
 civil fine as follows:
       (a) For a first violation, not more than $5,000.00.
       (b) For a second violation, not more than $10,000.00.
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       (c) For a third or subsequent violation, not more than
 $25,000.00.
       (5) Subject to section 19, a person that employs an individual
 for automatic fire protection system installation shall keep a copy
 of the individual's applicable license or registration at the
 person's primary place of business.
       (6) A person that violates subsection (5) is subject to a
 civil fine as follows:
       (a) For a first or second violation in a period of 2 years,
 not more than $1,000.00 for each day that the person violates
 subsection (5) and not more than $1,000.00 for each individual that
 the person employs in violation of subsection (5).
       (b) For a third or subsequent violation in a period of 2
 years, not more than $25,000.00.
       (7) To ensure compliance with this act, the bureau, a designee
 of the bureau, a fire inspector, or a sprinkler fitter
 journeyperson may inspect a worksite where an automatic fire
 protection system is, or is intended to be, installed. At the
 worksite, a person performing an inspection under this subsection
 may require an individual performing automatic fire protection
 system installation to provide proof of licensure or registration,
 as applicable, under this act.
       (8) If the bureau finds a violation of this act as a result of
 an inspection under subsection (7) and the violation is not
 corrected within 72 hours after the inspection, the bureau may
 impose a stop work order, which requires automatic fire protection
 system installation at the worksite to cease. A stop work order
 ends when the violation found by the bureau has been corrected. A
 person that violates a stop work order under this subsection is
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 guilty of a misdemeanor.
       Sec. 7. (1) Until 1 year after the effective date of this act,
 the bureau shall accept an application for a sprinkler fitter
 license from an individual who provides all of the following to the
 bureau:
       (a) Copies of W-2s that indicate the individual has 4 or more
 years of experience in automatic fire protection system
 installation.
       (b) From each employer included in a W-2 described in
 subdivision (a), a letter that states the individual has knowledge
 and skill in automatic fire protection system installation.
       (c) Documentation that indicates the individual has completed
 a registered fire sprinkler program.
       (2) Beginning 1 year after the effective date of this act, the
 bureau shall accept an application for a sprinkler fitter license
 from an individual who demonstrates all of the following to the
 bureau:
       (a) The individual has not less than 4 years of automatic fire
 protection system installation experience. To satisfy the
 requirement described in this subdivision, the individual must
 provide copies of the individual's W-2s and correspondence from the
 applicable employer or employers that, in total, indicate the
 individual gained the required amount of experience in automatic
 fire protection system installation during the individual's
 employment with the employer or employers.
       (b) The individual completed a registered fire sprinkler
 program. To satisfy the requirement described in this subdivision,
 the individual must include proof that indicates the individual
 completed the program.
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       (c) The individual passed a sprinkler fitter exam approved by
 the committee. To satisfy the requirement described in this
 subdivision, the individual must include proof that indicates the
 individual passed the exam.
       (3) Except as otherwise provided in this act, an application
 under subsection (1) or (2) must include payment for a standard
 application fee of $300.00. Payment for an application fee under
 this section must be deposited in the fund.
       (4) Except as provided in this subsection, not later than 30
 days after the bureau receives a complete application for a license
 under this section, the bureau shall grant the license to the
 applicant. The bureau shall deny a license to an applicant who does
 not satisfy all of the requirements to be granted a license under
 this act.
       (5) A license granted under this section is valid for 3 years.
       Sec. 9. (1) The bureau shall accept applications for
 registration as an apprentice sprinkler fitter. An application must
 be made on a form provided by the bureau.
       (2) An applicant for registration as an apprentice sprinkler
 fitter shall, within the application, do both of the following:
       (a) Affirm that the applicant is all of the following:
       (i) 17 years of age or older.
       (ii) Not a sprinkler fitter journeyperson.
       (iii) Enrolled in a registered fire sprinkler program.
       (b) Include proof that indicates the applicant is employed by
 a fire sprinkler contractor.
       (3) Except as otherwise provided in this act, an application
 under subsection (2) must include payment for a standard
 application fee of $100.00. Payment for an application fee under
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 this section must be deposited in the fund.
       (4) Except as provided in this subsection, not later than 45
 days after the bureau receives a complete application for
 registration under this section, the bureau shall register the
 applicant as an apprentice sprinkler fitter. The bureau shall deny
 registration if the applicant does not satisfy all of the
 requirements to be registered under this act.
       (5) A registration under this section is valid for 6 months.
       (6) An apprentice sprinkler fitter shall not do either of the
 following:
       (a) Perform automatic fire protection system installation
 without the direct supervision of a sprinkler fitter journeyperson.
       (b) Be employed by more than 1 fire sprinkler contractor at
 the same time.
       (7) An individual who violates subsection (6) is subject to a
 civil fine of not more than $2,500.00.
       Sec. 11. (1) Ninety days before the expiration of the term of
 the first sprinkler fitter license granted under this act, the
 bureau shall begin accepting applications to renew a sprinkler
 fitter license for a term of 3 years. An application must be made
 on a form provided by the bureau and submitted to the bureau not
 earlier than 90 days before the expiration of the license term. The
 application must include payment for 1 of the following application
 fees, as applicable:
       (a) If the application is not submitted later than 14 days
 before