SENATE BILL NO. 1204

October 13, 2022, Introduced by Senator HORN and referred to the Committee on Regulatory Reform.

"Skilled trades regulation act,"

(MCL 339.5101 to 339.6133) by adding section 810 and article 8A.

the people of the state of michigan enact:

Sec. 810. (1) A person that performs installations, alterations, or servicing in the work classification of fire suppression under section 807 shall not employ an individual to engage in the installation of an automatic fire protection system, as that term is defined under section 851, unless the individual holds 1 of the following:

(a) A journeyperson fire sprinkler fitter license issued by the department under section 859.

(b) An apprentice license issued by the department under section 861.

(c) A trainee certificate of registration issued by the bureau of construction codes within the department under section 863.

(2) A person that violates subsection (1) is subject to the following civil fines:

(a) Not more than $1,000.00 for each day that the person is in violation of subsection (1).

(b) Not more than $1,000.00 for each individual under the person's employment who engages in the installation of an automatic fire protection system without a journeyperson fire sprinkler fitter license, apprentice license, or trainee certificate of registration.

(3) A person that violates subsection (1) a third or subsequent time not more than 2 years after the person's first violation of subsection (1) is subject to a civil fine of not more than $25,000.00.

(4) A person that employs an individual who engages in the installation of an automatic fire protection system shall keep a copy of the individual's applicable license or trainee certificate of registration at the person's place of business.

(5) All civil fines recovered under this section must be deposited into the fire protection system fund created under section 873.

(6) The department shall pay 50% of the money recovered for a civil fine under this section to the local unit of government or fire inspector that performed an inquiry of a work site that resulted in the civil fine.

ARTICLE 8A

Sec. 851. As used in this article:

(a) "Acceptance testing" means work performed to verify that an automatic fire protection system was installed in accordance with nationally recognized standards, including, but not limited to, the following work:

(i) Flushing and hydrostatic tests of underground piping.

(ii) Hydrostatic tests of aboveground piping.

(iii) Operational tests on a newly installed or repaired automatic fire protection system, including, but not limited to, the following tests:

(A) Water flow alarm.

(B) Dry pipe.

(D) Deluge trip and air pressure leakage.

(E) Main drain.

(F) Pressure reducing valves.

(G) Backflow preventer.

(H) Fire pump.

(b) "Apprentice fire sprinkler fitter" or "apprentice" means an individual who engages in the installation of an automatic fire protection system in a training capacity under the direct supervision of a journeyperson fire sprinkler fitter and holds an apprentice license.

(d) "Automatic fire protection system" means a fire sprinkler system designed and installed in accordance with nationally recognized standards that consists of an assembly of piping and fittings that conveys water, foam, or air with or without agents to dispersal openings or devices to extinguish, control, or contain a fire. For fire protection purposes, automatic fire protection system means an integrated fire sprinkler system of underground and overhead piping that includes a suitable water supply, such as a gravity tank, fire pump, reservoir, pressure tank, or private or public water supply connection beginning at the supply side of an approved gate valve located at or near the property line where the pipe or piping system provides water that is used exclusively for the automatic fire protection system.

(e) "Board" means the fire sprinkler board created under section 853.

(f) "Bureau" means the bureau of construction codes within the department.

(g) "Fire sprinkler apprenticeship program" means an apprenticeship program that is approved by the board under section 857.

(h) "Fire sprinkler contractor" or "contractor" means an individual that holds a mechanical contractor's license with a classification in fire suppression issued by the department under section 807.

(i) "Inspection of an automatic fire protection system" means a visual examination of an automatic fire protection system or portion of an automatic fire protection system to verify that the system appears to be in operating condition and is free of physical damage.

(j) "Installation of an automatic fire protection system" means installing, servicing, repairing, replacing, modifying, dismantling, adjusting, or acceptance testing of an automatic fire protection system. Installation of an automatic fire protection system includes, but is not limited to, all of the following:

(i) Assembling metal or nonmetal pipe fittings, including, but not limited to, fittings made of brass, copper, lead, glass, and plastic.

(ii) Joining pipes by any means, including, but not limited to, threading, caulking, wiping, soldering, brazing, fusing, grooving, and cementing.

(iii) Securing the pipes of an automatic fire protection system to a structure by any means, including, but not limited to, clamps, brackets, hangers, and welds.

(k) "Journeyperson fire sprinkler fitter" or "journeyperson" means an individual who engages in the installation of automatic fire protection systems, has successfully completed a fire sprinkler apprenticeship program, and holds a journeyperson fire sprinkler fitter license.

(l) "Journeyperson fire sprinkler fitter license" or "journeyperson license" means a license issued by the department under section 859.

(m) "Local unit of government" means a city, village, township, or county.

(n) "Maintenance testing of an automatic fire protection system" means periodic physical tests of an automatic fire protection system to determine the operational status of a component of the system, including, but not limited to, the following tests:

(i) Water flow.

(ii) Alarm.

(iii) Fire pump.

(iv) Trip tests of dry pipe, deluge, or preaction valves.

(o) "Trainee" means an individual who holds a trainee certificate of registration.

(p) "Trainee certificate of registration" means a certificate of registration issued by the bureau under section 863.

Sec. 853. (1) The fire sprinkler board is created within the bureau.

(2) The governor shall appoint the members of the board. The board must consist of the following members:

(a) The state fire marshal.

(b) Two fire sprinkler contractors nominated by the National Fire Sprinkler Association chapter of this state or its successor organization.

(d) Three journeyperson fire sprinkler fitters. At least 1 of the journeypersons must be a member of an organized labor association.

(e) One individual who represents fire chiefs.

(f) Two individuals who represent the general public.

(3) The governor shall appoint the first members of the board not later than 60 days after the effective date of the amendatory act that added this article.

(4) The governor shall appoint 4 of the first members to 2-year terms, 4 of the first members to 3-year terms, and 3 of the first members to 4-year terms. After the first appointments, the term of a member of the board is 4 years or until a successor is appointed under subsection (2), whichever is later.

Sec. 855. The bureau or its designee, a local unit of government, an individual licensed under this article, or a fire inspector may conduct an inquiry of a work site where an automatic fire protection system is installed to ensure that the individual who installs the automatic fire protection system is licensed or registered under article 8 or this article.

Sec. 857. The board may approve an apprenticeship program as a fire sprinkler apprenticeship program if the apprenticeship program meets all of the following:

(a) Provides a minimum of 4 years of on-the-job training in the installation of automatic fire protection systems.

(b) Is registered with the United States Department of Labor or the department.

(c) Provides a minimum of 8,000 hours of documented on-the-job training in the installation of automatic fire protection systems.

(d) Provides a minimum of 280 hours of classroom, shop, or related instruction in the installation of an automatic fire protection system.

Sec. 859. (1) Subject to subsection (2) and except as otherwise provided in subsection (3), beginning on the effective date of the amendatory act that added this article, the department shall issue a journeyperson fire sprinkler fitter license to an individual who does either of the following:

(a) Provides to the department 4 years of W-2 forms that evidence the individual's experience in the installation of an automatic fire protection system and a letter from each employer listed on the W-2 forms that states the individual has knowledge and skill in the installation of an automatic fire protection system.

(b) Completes a fire sprinkler apprenticeship program.

(2) Subsection (1) does not apply beginning 1 year after the effective date of the amendatory act that added this article.

(3) Beginning 1 year after the effective date of the amendatory act that added this article, the department shall issue a journeyperson fire sprinkler fitter license to an individual who does all of the following:

(b) Completes a fire sprinkler apprenticeship program.

(4) A journeyperson fire sprinkler fitter shall carry the journeyperson's journeyperson license in either electronic or physical form while the journeyperson is engaged in the installation of an automatic fire protection system.

Sec. 861. (1) An individual who is employed as an apprentice fire sprinkler fitter shall apply for an apprentice license with the department on a form provided by the department not later than 5 days after employment.

(2) The department shall issue an apprentice license to an applicant who seeks licensure under this section if the department receives satisfactory proof of the applicant's participation in a fire sprinkler apprenticeship program.

(3) An apprentice shall not engage in the installation of an automatic fire protection system unless the installation is subject to both of the following:

(a) Direct and task-specific instruction.

(b) Direct supervision by a journeyperson fire sprinkler fitter.

(4) An apprentice shall carry the apprentice's apprentice license while the apprentice is engaged in the installation of an automatic fire protection system.

Sec. 863. (1) Subject to the requirements of this section, and notwithstanding the requirements of section 601, an individual who does not have a journeyperson fire sprinkler fitter license or apprentice license may perform activities required to have licensure under this article as a trainee for not more than 6 months.

(2) The bureau shall issue a trainee certificate of registration to an individual who meets all of the following requirements:

(a) Is not less than 17 years of age.

(b) Submits to the bureau an application on a form and in a manner provided by the bureau.

(3) A trainee may perform activities required to have licensure under this article if either of the following conditions is met:

(a) The trainee works under the direct supervision of a journeyperson.

(b) The trainee installs only water-based fire protection systems for a contractor.

(4) A trainee shall carry the trainee's trainee certificate of registration while the trainee is engaged in the installation of an automatic fire protection system.

Sec. 865. (1) Subject to subsection (4), beginning the license cycle after the issuance of the initial license as described in section 869(2), the department shall renew a license under this article unless the licensee does not obtain a minimum of 24 hours of continuing education during the license cycle and submit copies of continuing education certificates to the department with the licensee's application for renewal.

(2) All of the following programs qualify as continuing education for purposes of subsection (1):

(a) A workshop, seminar, or educational conference sponsored by a fire protection equipment manufacturer, the National Fire Sprinkler Association, the American Fire Sprinkler Association, or a successor organization of the National Fire Sprinkler Association or American Fire Sprinkler Association.

(b) A course in specialized programs approved or sponsored by the bureau.

(d) A continuing education program provided in another state that meets the continuing education standards approved by the board.

(e) College or vocational school coursework approved by the board that is germane to the installation of an automatic fire protection system and contributes directly to the professional competence of a licensed individual, if both of the following conditions are met:

(i) The individual passes the course.

(ii) One semester credit equals 8 hours of continuing education.

(3) The department may audit an applicant for license renewal to determine whether the applicant is in compliance with this section. Upon the request of the department, the applicant shall provide the department with the following information:

(a) The name and contact information of the continuing education program sponsor.

(b) The title and field of study of the continuing education program.

(d) If applicable, the location of where the continuing education program was provided.

(e) Verification by a representative of the continuing education program sponsor that the applicant successfully completed the program.

(f) The number of hours of instruction included in the continuing education program and a statement from the continuing education program sponsor that the continuing education credits for the course were granted on a 50-minute hour.

(4) If, based on the information provided under subsection (3), the department determines that an applicant for license renewal did not complete the required hours of continuing education, the department may deny the application for license renewal.

Sec. 867. (1) In the manner required under article 5, the department may deny the issuance of, revoke, or suspend a license or trainee certificate of registration issued under this article for any of the following reasons:

(a) A licensee or registrant refuses to produce the licensee's license or the registrant's trainee certificate of registration upon the request of the fire marshal of this state or the fire marshal's designee, or a person authorized to request a license or trainee certificate of registration under section 855.

(b) A licensee does not meet the continuing education requirements described in section 865.

(c) An individual seeking an initial license, a licensee, or a registrant does not possess the required qualifications or skills to perform the installation of an automatic fire protection system under this article.

(d) Any other violation of this article.

(2) In addition to the penalties provided for under article 6, if an applicant, licensee, or registrant proceeds to a contested case hearing under article 5 to challenge the denial or revocation of a license or trainee certificate of registration, and an administrative law hearings examiner determines that the challenge is frivolous, under section 525, the board may order the applicant, licensee, or registrant to pay reasonable costs related to the prosecution of the action of not more than $5,000.00.

Sec. 869. (1) The application fee for a license or trainee certificate of registration under this article is $100.00 for each application.

(2) The fee for an initial issuance or renewal of a journeyperson fire sprinkler fitter license or apprentice license is $350.00. A license issued under this article is valid for 3 years and expires on October 1 of the third year of issuance.

(3) If an apprentice fire sprinkler fitter changes the apprentice's status as an apprentice to a journeyperson fire sprinkler fitter during the 3 years in which the apprentice's apprentice license is valid, the department shall not charge an additional license fee.

(4) The fee for the replacement of a license or trainee certificate of registration is $50.00.

(5) The fee rates established in subsections (1) and (2) are effective until 5 years after the effective date of the amendatory act that added this article. Before the fee rates established under subsections (1) and (2) are no longer in effect, the department, in consultation with the board, shall establish new fee rates that are sufficient to cover the cost of implementing this article.

Sec. 871. (1) In addition to the penalties provided for under section 601, an individual is subject to a civil fine of not more than $250.00 for each day that the individual engages in the installation of an automatic fire protection system without any of the following:

(a) A journeyperson fire sprinkler fitter license, apprentice license, or trainee certificate of registration.

(b) An exemption under this article.

(c) A mechanical contractor's license with classification in fire suppression issued by the department under section 807.

(2) All civil fines recovered under this section must be deposited into the fire protection system fund created under section 873.

(3) The department shall pay 50% of the money recovered for a civil fine under this section to the local unit of government or fire inspector that performed an inquiry that resulted in the civil fine.

Sec. 873. (1) The fire protection system fund is created in the state treasury.

(2) The state treasurer shall deposit money and other assets received from the fees that are collected under this article or from any other 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 department is the administrator of the fund for audits of the fund.

(4) The department shall expend money from the fund on appropriation only for 1 or more of the following purposes:

(a) To administer and enforce this article.

(b) To operate the bureau, including, but not limited to, indirect overhead.

(c) To pay 50% of the money recovered for a civil fine under section 810 or 871 to the local unit of government or fire inspector that performed an inquiry as described in section 855 that resulted in the civil fine.

(5) The state treasurer shall notify the state fire marshal, the speaker of the house of representatives, and the senate majority leader of the following before September 30 of each year:

(a) The interest credited in the fund.

(b) The fund's balance.

Sec. 875. This article does not apply to any of the following individuals:

(a) An individual who performs the installation, alteration, or repair of a 1- or 2-family residential automatic fire protection system.

(b) An individual who performs an inspection of an automatic fire protection system or maintenance testing of an automatic fire protection system to determine the operational status of the system in accordance with National Fire Protection Association standards.

(c) An individual or safety official who represents a commission appointed by the public or local authority that has jurisdiction over an automatic fire protection system.