1. (a) As specified in Health and Safety Code Section 13196.5, no person shall engage in the business of servicing automatic fire extinguishing systems without a valid “A” license issued by the Office of the State Fire Marshal or a C-16 Fire Protection license as issued by the State of California Contractors State Licensing Board.

   Exception:

   Annual testing or maintenance of wet pipe sprinkler systems, standpipe systems or private fire service mains may be performed by a California State Fire Marshal Licensed A (Type L) Concern, in structures or property owned or leased by that public or private entity. In addition, individuals who possess a California State Fire Marshal Weekly Fire Pump Text Certificate in accordance with this section and are employed by a Licensed A (Type L) Concern may perform weekly fire pump tests.

2. (b) Licenses shall be for the service of any one or combination of, the following:

   1. (1) Type 1--Water based fire protection systems.
   2. (2) Type 2--Engineered and Pre-engineered Fixed Extinguishing System.

   3. (3) Type L--Limited to public or private entities that are not engaged in the business of performing testing and maintenance of wet pipe fire-extinguishing systems and which only perform annual testing and maintenance of wet pipe sprinkler systems, standpipe systems, private fire service mains, and weekly fire pump tests in structures or property owned or leased by that public or private entity.

      (c)(1) Application for a license to engage in the business of, or perform for a fee, the servicing of automatic fire extinguishing systems shall be made in writing to the State Fire Marshal on forms identified in Section 906.4(c) provided by the Office of the State Fire Marshal and shall be accompanied by the fees prescribed in Section 905.3 of these regulations.

   4. (2) The application shall be signed by the sole proprietor, all partners in a partnership, or an authorized agent for a corporation.

   5. (3) The application shall be accompanied by a list of:

      1. (A) All engineered and pre-engineered systems which the applicant intends to service by type of extinguishing agent and manufacturer's designation.
      2. (B) Employees qualified to perform the service for which license is applied for and verification of the licensee's or their employee's training, education, and experience.
      3. (C) Necessary equipment, supplies, manuals, and parts, for servicing systems for which a license is sought.
      4. (D) Local Fire Authority Endorsement(s) on State Fire Marshal form(s) AES 11 and AES 12 identified in Section 906.4(c) provided by the Office of the State Fire Marshal, Licensed A (Type L) Concern applications only.
3. (d) Original licenses and weekly fire pump test certificates shall be valid from the date of issuance through December 31st of the year in which issued. Thereafter, each license shall be renewed annually and renewals shall be valid from January 1st through December 31st.
4. (e) Every license issued according to these regulations shall be posted on the premises of the licensed location. Licenses shall be readily available for inspection at any reasonable hour by the local inspection authority or by the State Fire Marshal.
5. (f) No licensee shall conduct business or solicit business under a name other than that which appears on his license.
6. (g) Possession of a license shall not authorize the licensee or their employee to enter any property or building or to enforce any provision of this subchapter.
7. (h) Every licensee shall notify the State Fire Marshal at the Sacramento office in writing within fifteen (15) days of any change of the licensee's address.
8. (i) Licenses are not transferable.
9. (j) Application for renewal of any class of license or weekly fire pump test certificate which has expired for one year or more shall be considered as an original application.

10. (k) A duplicate license may be issued by the Office of the State Fire Marshal upon receipt of a written statement by the licensee describing the reasons for the duplicate issuance.

    1. (2) Every person who performs weekly fire pump tests, within the limitations of the Type L license shall pass a written examination which may be supplemented by practical tests.
    2. (3) Any applicant who has failed the examination may re-apply and take another examination not less than fifteen (15) days from the date of the first examination after filing a new application and paying the required fee.
    3. (4) Every four years at time of renewal and when modifications to regulations are made by the State Fire Marshal, applicants for renewal of Certificates shall successfully pass a written examination.
    4. (5) Any applicant failing to take an examination applied for within thirty (30) days of the date of eligibility must re-apply for the intended examination with payment of appropriate fees.

    5. (6) Every person taking the examination has the right to contest the validity of individual questions in such examination.

       1. (A) Any challenge as to the validity of individual questions of an examination must be made in writing within 72 hours after taking said examination. Challenges shall state the reason for the objection.
       2. (B) The decision as to the action to be taken on the submitted challenge shall be by the State Fire Marshal and such decision shall be final.
       3. (C) The action taken by the State Fire Marshal shall be reflected in the challenged examination and in all future examinations but shall not affect the grades established in any past examination.
    6. (7) Application for renewal of certification which has expired for one year or more shall be considered as an original application.
    7. (8) Weekly Fire Pump Test certificates shall be carried by the person to whom it is issued whenever they are performing fire pump testing.

    (l)(1) Application for weekly fire pump test certificate shall be made in writing to the State Fire Marshal on forms provided by the Office of the State Fire Marshal identified in Section 906.4(c) and shall be accompanied by the fees prescribed in Section 905.3 of these regulations.

11. (m) Any person, firm, or corporation applying for a license or the renewal of a license to service automatic extinguishing systems shall furnish to the State Fire Marshal and maintain and keep in force at all times a current policy of public liability and property damage insurance. The policy shall provide limits of bodily injury and property damage of not less than one million dollars ($1,000,000.00) combined single limit for each occurrence annually as payment for damages to persons or property which may result from or be caused by the negligent servicing of automatic extinguishing systems by the licensee, his, her, or its agents, servants, employees or certificate holders performing the service.

    1. (1) The certificate of insurance shall provide all of the following:

       1. (A) That the insurer will not cancel the insureds policy without fifteen days prior written notice to the State Fire Marshal; and
       2. (B) That the insured license-holder, and all certificate holders acting as employees under the license-holder, are included as additional insureds, but only insofar as operations within the scope of the licensing requirements are covered, and that the State of California shall not be responsible for any premiums or assessments on the policy.

    Exceptions: Persons, firms, corporations or public entities not engaged in the business of servicing automatic extinguishing systems for a fee, who only maintain their own automatic extinguishing systems.

12. (n) The State Fire Marshal shall track all Automatic Extinguishing Systems Licenses and Weekly Fire Pump Test certificates in a database designed to link all aspect of the Automatic Extinguishing Systems Program and be web accessible.

Note: Authority cited: Sections 13195 and 13197, Health and Safety Code. Reference: Sections 13196.5 and 13197, Health and Safety Code.

History

1. Certificate of Compliance including amendment transmitted to OAL 5-16-83 and filed 6-15-83 (Register 83, No. 26).

2. Order of Repeal of former subsections (c)(2) and (d) from 1-17-83 order filed 6-15-83 by OAL pursuant to Government Code Section 11349.6 (Register 83, No. 26).

3. Editorial correction of subsections (g) and (h) filed 6-28-83 (Register 83, No. 26).

4. Amendment of subsections (a), (c)(1), (c)(3)(A), (g)-(j) and (l) filed 11-14-2006; operative 4-1-2007 (Register 2006, No. 46).

5. Amendment of section heading, new subsection (a) -- Exception and subsection (b)(4), amendment of subsections (c)(1)-(2) and (c)(3)(D) and new subsections (m)(1)-(m)(9) filed 11-6-2009; operative 12-6-2009 (Register 2009, No. 45).

6. Amendment of subsection (b)(1), repealer of subsection (b)(3), subsection renumbering, amendment of subsections (c)(1)-(2), (c)(3)(D) and (d), repealer of subsections (j) and (m)(7), subsection relettering and numbering, amendment of newly designated subsections (j), (l)(1) and (l)(8), and new subsections (m)-(n) filed 8-28-2014; operative 8-28-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35).