[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]
A.
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.
B.
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.
C.
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:
An individual who has satisfactorily met the qualifications and has
received a certificate from the Building Inspector under the provisions of
this Article.
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.
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.
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.
The preparation of detailed fire protection sprinkler system drawings
for installation in accordance with the applicable statutes and regulations.
To repair or test.
A.
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.
B.
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.[1] 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.
C.
This Article does not apply to:
(1)
Federal, state or local government employees, including
building officials.
(2)
A person or organization that sells or supplies products
or materials to a licensed fire protection sprinkler system contractor.
(3)
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.
(4)
A regular employee of a licensed fire protection sprinkler
system contractor performing duties for the licensed fire protection sprinkler
system contractor.
A.
To become a licensed fire protection sprinkler system
contractor under this Article, a person or firm must comply with the following:
(1)
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
(2)
Make application to the Building Inspector, meet the
requirements prescribed in this Article and pay the fees required.
B.
Each license issued under this Article must be posted
in a conspicuous place in the fire protection sprinkler system contractor's
place of business.
C.
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.
D.
A license issued under this Article is not transferable.
E.
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.
A.
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.
B.
Every applicant for a certificate shall fulfill the following
requirements:
(1)
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.
(2)
Must be an owner, partner, officer or in a full-time
management position of a fire protection sprinkler system contractor.
(3)
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.
C.
Every applicant for a certificate shall make application
to the Building Inspector and pay the fees required.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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[1]]
A.
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.
B.
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.
A.
This Article shall be administered by the Building Inspector.
B.
The responsibilities of the Building Inspector in administering
this Article shall include:
(1)
Preparing and processing any examination or application
forms required by this Article.
(2)
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:
(a)
Has practiced any fraud, deceit or misrepresentation
in obtaining or renewing a license.
(b)
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.
(c)
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.[1]
[1]
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.
A.
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.[1]
B.
In addition, the fire protection sprinkler system contractor
shall file proof of statutory worker's compensation insurance.
C.
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.
D.
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.
