[HISTORY: Adopted by the Board of Trustees of the Village of Spring Valley: Art. I, 2-23-1988 as L.L. No. 1-1988. Amendments noted where applicable.]
[Adopted 2-23-1988 as L.L. No. 1-1988]
This Article will provide a system for licensing those persons or corporations engaged in the business of preparing technical drawings and installing, inspecting and servicing fire protection sprinkler systems. It includes a fee for obtaining the required license and criminal penalties for those who engage in this business without a license.
Since the Village of Spring Valley requires sprinkler systems in many occupancies, it is suggested that certain minimum standards be established in order to assure that competent persons are installing this equipment.
The preparation of technical drawings and the installation, inspection and servicing of fire protection sprinkler systems involves critical skills, because an improperly installed sprinkler system jeopardizes life and property. Instances have occurred where such systems were not properly connected to a water supply system or were not properly placed to cover the area to be protected.
As used in this Article, the following terms shall have the meanings indicated:
- CERTIFICATE HOLDER
- An individual who has satisfactorily met the qualifications and has received a certificate from the Building Inspector under the provisions of this Article.
- FIRE PROTECTION SPRINKLER SYSTEM
- An assembly of underground and/or overhead piping or conduit beginning at or with the water supply that conveys water with or without other agents to dispersal openings or devices to extinguish, control or contain fire and to provide protection from exposure to fire or other products of combustion.
- FIRE PROTECTION SPRINKLER SYSTEM CONTRACTOR
- A person or organization that offers to undertake or does undertake the preparation of technical drawings and the installation, inspection, maintenance or servicing of a fire protection sprinkler system or any part of such a system.
- FIRE PROTECTION SPRINKLER SYSTEM CONTRACTOR'S LICENSE
- The license issued by the Building Inspector to a fire protection sprinkler system contractor upon its application being approved, the fee being paid and the satisfactory completion of the requirements of this Article. The license shall be issued in the name of the fire protection sprinkler contractor with the name or names of the certificate holder noted thereon.
- A visual examination of a fire protection sprinkler system or portion thereof to verify that it appears to be in operating condition and is free from physical damage and is in compliance with the applicable statutes and regulations.
- The initial placement of equipment or the extension, modification or alteration of equipment after the initial placement. "Installation" shall include work from the water supply throughout the entire building.
- To maintain in the condition of repair that provides performance as originally planned.
- PREPARATION OF TECHNICAL DRAWINGS
- The preparation of detailed fire protection sprinkler system drawings for installation in accordance with the applicable statutes and regulations.
- To repair or test.
Except as provided in Subsection C of this section, no person shall engage in the preparation of technical drawings or the installation, maintenance, service or inspection of a fire protection sprinkler system or use any title, sign, card or device indicating or intending to indicate or represent in any manner that he is or represents a licensed fire protection sprinkler system contractor without first obtaining the fire protection sprinkler contractor's license required under the provisions of this Article.
The provisions of this Article and the regulations promulgated hereunder shall have uniform force and effect throughout the Village of Spring Valley. Notwithstanding any other provision of this Article, the Village of Spring Valley shall require a fire protection sprinkler system contractor to obtain a permit and pay a fee therefor for the installation of a fire protection sprinkler system and require the installation of such system to conform with the Building Code or other construction requirements of the Village of Spring Valley. The municipality may impose requirements concerning expertise or experience in the preparation of technical drawings or the installation, maintenance, service or inspection of a fire protection sprinkler system.
This Article does not apply to:
Federal, state or local government employees, including building officials.
A person or organization that sells or supplies products or materials to a licensed fire protection sprinkler system contractor.
A registered professional engineer acting solely in such professional capacity in the field of fire protection or an individual possessing a certification in engineering technologies [National Institute for Certification in Engineering Technologies (NICET)], Level 3 or 4, technician in fire protection.
A regular employee of a licensed fire protection sprinkler system contractor performing duties for the licensed fire protection sprinkler system contractor.
To become a licensed fire protection sprinkler system contractor under this Article, a person or firm must comply with the following:
Must have in its full employ a valid certificate holder who is an owner, partner, officer or in a management position with the fire protection sprinkler system contractor; and
Make application to the Building Inspector, meet the requirements prescribed in this Article and pay the fees required.
Each license issued under this Article must be posted in a conspicuous place in the fire protection sprinkler system contractor's place of business.
All bids, advertisements, proposals, offers and installation drawings for fire protection sprinkler systems must prominently display the fire protection sprinkler system contractor's license number, which is to be issued by the Building Inspector.
A license issued under this Article is not transferable.
In no case shall a certificate holder be employed by more than one (1) fire protection sprinkler system contractor at one (1) time. If the certificate holder should leave the employment of the fire protection sprinkler system contractor, the contractor must notify the Building Department within thirty (30) days. If the certificate holder should leave the employment of the fire protection sprinkler system contractor, the contractor shall have six (6) months or until the expiration of the current license, whichever shall last occur, to submit a new application identifying another certificate holder who is, at the time of application, an owner, partner, officer or in a full-time management position with the fire protection sprinkler system contractor, in order to be issued a new license. If such application is not received within the allotted time or does not meet the requirements of this Article, then the Building Inspector shall revoke the license of the fire protection sprinkler system contractor. The contractor shall be permitted to complete only that work which is under contract at the time the license is revoked. No new work may be undertaken.
To become a certificate holder under this Article, the applicant must present a copy of a current certificate from the National Institute for Certification in Engineering Technologies showing that the applicant has achieved the classification of engineering technician (Level 3) or senior engineering technician (Level 4) in the field of fire protection, automatic sprinkler system layout.
Every applicant for a certificate shall fulfill the following requirements:
Must be a citizen of the United States of America, or entitled to work in the United States of America and at least twenty-one (21) years of age.
Must be an owner, partner, officer or in a full-time management position of a fire protection sprinkler system contractor.
Must have three (3) years of experience in the fire protection sprinkler system business in a responsible position such as managing, preparing technical drawings or performing installation.
Every applicant for a certificate shall make application to the Building Inspector and pay the fees required.
The Building Inspector may, after review of the applicant's qualifications, issue a temporary certificate to an applicant who will satisfactorily perform as a certificate holder under the provisions of this Article. The temporary certificate shall remain in effect for a period of one (1) year. The temporary certificate holder shall, within the one-year period, complete the examination requirements specified in Subsection A of this section. There shall be no examination exemption for an individual issued a temporary certificate. Prior to the expiration of the one-year period, the temporary certificate holder shall make application for a regular certificate. The procedures and qualifications for issuance of a regular certificate shall be in effect for the applicant. When a temporary certificate expires and if a regular certificate is not obtained, the holder shall cease all activities associated with the holding of a certificate. The certificate holder shall be permitted to complete only those activities which were in progress at the time the certificate expired. No new work may be undertaken.
All certificate holders who desire to continue to engage in the fire protection sprinkler business shall annually, prior to January 1, secure from the Building Inspector a renewal certificate upon payment of the prescribed fee. Application for a renewal shall be upon such a form as is prescribed by the Building Inspector, and the certificate holder shall furnish the information required by such form.
Failure of any certificate holder to secure the renewal certificate within sixty (60) days after the due date shall constitute sufficient cause for the Building Inspector to suspend the certificate.
The Building Inspector may restore a certificate that has been suspended for failure to pay the renewal fee upon the receipt of payment of all delinquent fees.
A certificate holder may voluntarily surrender the certificate to the Building Inspector and thereby be relieved of the annual renewal fee. After surrendering the certificate, the person shall not be known as a certificate holder and shall cease all activities associated with the holding of a certificate. Within five (5) years from the time of surrender of the certificate, the former certificate holder may again qualify for a certificate without examination by the payment of the required fee. If five (5) years thereafter have lapsed, the person shall return to the status of a new applicant.
[Amended 3-28-1989 by L.L. No. 3-1989]
The initial application fee and renewal fees for a certificate holder shall be in the amount as set forth in Chapter 118, Fees, and shall be nonrefundable.
All applicants for a fire protection sprinkler system contractor's license, with the exception of the year of adoption, shall annually, prior to January 1, complete an application form prescribed by the Building Inspector. The applicant shall be required to remit to the Building Inspector, with the completed initial application form, a fee in the amount as set forth in Chapter 118, Fees. This fee shall be nonrefundable. All renewal applications shall be in the amount as set forth in Chapter 118, Fees, if renewed on or before the expiration date. Failure to renew prior to expiration shall require a new initial application.
This Article shall be administered by the Building Inspector.
The responsibilities of the Building Inspector in administering this Article shall include:
Preparing and processing any examination or application forms required by this Article.
Enforcing the provisions of this Article by suspending, revoking or refusing to issue or renew the license of any fire protection sprinkler system contractor who:
Has practiced any fraud, deceit or misrepresentation in obtaining or renewing a license.
Is guilty of gross negligence, incompetence or misconduct in the preparation of technical drawings or the installation, maintenance, service or inspection of a fire protection sprinkler system.
Has failed to have its certificate holder adequately train or control employees performing under his or her supervision.
Any person or corporation aggrieved by an enforcement action or order of the Building Inspector may appeal to a court of competent jurisdiction through an Article 78 procedure.
Editor's Note: See Article 78 of the Civil Practice Law and Rules.
Any person who is required by this Article to have a license and who engages in the preparation of technical drawings or the installation, maintenance, service or inspection of a fire protection sprinkler system and does not possess the required license shall be guilty of a violation and, upon conviction, shall be fined not more than five thousand dollars ($5,000.) or imprisoned not exceeding fifteen (15) days, or both.
The Building Inspector shall not issue a license under this Article unless the fire protection sprinkler system contractor applicant files with the Building Inspector proof of liability insurance coverage of not less than one million dollars ($1,000,000.), one (1) person/maximum, and three million dollars ($3,000,000.), one (1) accident/maximum.
In addition, the fire protection sprinkler system contractor shall file proof of statutory worker's compensation insurance.
The insurance required by this Article must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state. Insurance certificates filed with the Building Inspector under this section shall remain current and in force until the insurer has terminated future liability by a thirty-day notice to the Building Inspector.
Failure to maintain the insurance required hereunder constitutes grounds for denial, suspension or revocation of a license under this Article by the Building Inspector.
The Building Inspector may waive any examination requirement for an applicant with a valid license and/or certificate from another state having license/certificate requirements substantially equivalent to those of this state. The fees stipulated by this Article shall be paid by such applicants.