SECTIONS 13195-13199

13195.  The State Fire Marshal shall adopt and administer theregulations and building standards he or she deems necessary in orderto (1) establish and control a program for servicing, testing, andmaintaining all automatic fire extinguishing systems, including butnot limited to, fire sprinkler systems, engineered and preengineeredfixed extinguishing systems, standpipe systems, and water flow alarmdevices and (2) establish minimum frequencies of service, inspection,and testing for the various types of automatic fire extinguishingsystems. All tests of automatic sprinkler systems shall include atest of all supervisory signaling equipment that is provided todetermine whether a condition exists that will impair thesatisfactory operation of the system. The regulations and building standards established by the StateFire Marshal for servicing, testing, and maintaining automatic fireextinguishing systems shall consider the requirements of theapplicable standards of the National Fire Protection Association andthe voluntary standards published by the State Fire Marshal entitledthe "California Voluntary Standards for Residential SprinklerSystems," dated January 1982.13195.5.  Every automatic fire extinguishing system, including, butnot limited to, fire sprinkler systems, engineered and preengineeredfixed extinguishing systems, standpipe systems, and alarm andsupervisory equipment attached to those systems shall be serviced,tested, and maintained in accordance with the regulations andbuilding standards adopted by the State Fire Marshal pursuant toSection 13195.13196.  The regulations and building standards adopted pursuant toSection 13195 shall be enforced pursuant to Sections 13145 and 13146.13196.5.  (a) Except as provided in subdivisions (b), (c), and (d),no person shall engage in the business of servicing or testingautomatic fire extinguishing systems without a license issued by theState Fire Marshal pursuant to this chapter. (b) Persons who engage in the business of servicing or testingfire alarm devices, water flow alarm devices, or the supervisorysignaling components of automatic fire extinguishing systems shallnot be subject to the licensing requirements contained in thischapter. (c) Industrial systems may be serviced or tested by, or under thesupervision of, an engineer employed by a private entity who shallnot be subject to the licensing requirements contained in thischapter unless he or she performs the service or testing for a feeoutside of the employment relationship. (d) Any specialty contractor, as defined in subdivision (b) ofSection 7058 of the Business and Professions Code, shall not besubject to the licensing requirements contained in this chapter.13197.  The State Fire Marshal shall adopt regulations to establishand maintain the licensing program required by this chapter. To theextent the State Fire Marshal determines is necessary to carry outthe provisions of this chapter, the regulations may provide for, butneed not be limited to, requirements that the applicant for a licensepass an examination or possess the qualifications necessary toperform the prescribed service, maintenance, and testing, or both.13197.5.  A license may be denied or revoked by the State FireMarshal for either of the following reasons: (a) The applicant made a material misrepresentation or falsestatement in the application. (b) Violation of any provision of this chapter or any regulationadopted by the State Fire Marshal pursuant to this chapter.13197.6.  (a) If the State Fire Marshal or his or her designeedetermines that the public interest and public welfare will beadequately served by permitting a person licensed under this chapterto pay a monetary penalty to the State Fire Marshal in lieu of anactual license suspension, the State Fire Marshal or his or herdesignee may stay the execution of all or part of the suspension ifall of the following conditions are met: (1) The violation that is the cause for the suspension did notpose, or have the potential to pose, a significant threat or risk ofharm to the public. (2) The licensee pays a monetary penalty. (3) The licensee does not incur any other cause for disciplinaryaction within a period of time specified by the State Fire Marshal orhis or her designee. In making the determination, the State Fire Marshal or his or herdesignee shall consider the seriousness of the violation, theviolator's record of compliance with the law, the impact of thedetermination on the licensee, the licensee's employees or customers,and other relevant factors. (b) The State Fire Marshal or his or her designee may exercise thediscretion granted under this section either with respect to asuspension ordered by a decision after a contested hearing on anaccusation against the licensee or by stipulation with the licenseeafter the filing of an accusation, but prior to the rendering of adecision based upon the accusation. In either case, the terms andconditions of the disciplinary action against the licensee shall bemade part of a formal decision of the State Fire Marshal or his orher designee. (c) If a licensee fails to pay the monetary penalty in accordancewith the terms and conditions of the decision of the State FireMarshal or his or her designee, the State Fire Marshal or his or herdesignee may, without a hearing, order the immediate execution of allor any part of the stayed suspension in which event the licenseeshall not be entitled to any repayment nor credit, prorated orotherwise, for money paid to the State Fire Marshal under the termsof the decision. (d) The amount of the monetary penalty payable under this sectionshall not exceed two hundred fifty dollars ($250) for each day ofsuspension stayed nor a total of ten thousand dollars ($10,000) perdecision regardless of the number of days of suspension stayed underthe decision. (e) Any monetary penalty received pursuant to this section shallbe deposited in the State Fire Marshal Licensing and CertificationFund. (f) On or before March 1 of each year, the State Fire Marshalshall make available to the public data showing the percentage ofenforcement actions taken that resulted in license suspension or theassessment of monetary penalties pursuant to this section.13198.  The State Fire Marshal shall adopt a schedule of fees to bepaid by licensees in an amount which is necessary to cover the costof administering and enforcing the provisions of this chapter by theState Fire Marshal. Any city or county fire department, or anydistrict providing fire protection services may adopt a schedule offees as required to cover the cost of enforcing the provisions ofthis chapter. The annual and renewal license shall be valid for the period fromJanuary 1, to December 31. The annual license fee renewal period shall begin on September 1and end on November 1 preceding the license year for which therenewal is requested. A penalty of 50 percent of the license feeshall be assessed in all cases where the renewal fees are not paid onor before November 1, preceding the license year for which renewalis requested.13198.5.  It is the legislative intention in enacting this chapterthat the provisions of this chapter and the regulations and buildingstandards adopted by the State Fire Marshal pursuant to Section 13195shall apply uniformly throughout the State of California, and nostate agency, county, city and county, or district shall adopt orenforce any ordinance or rule or regulation regarding automatic fireextinguishing systems which is inconsistent with the provisions ofthis chapter or the regulations and standards adopted by the StateFire Marshal.13199.  Any person who violates any provisions of this chapter orany regulation or building standard adopted by the State Fire Marshalpursuant to Section 13195 is guilty of a misdemeanor punishable by afine of not more than ten thousand dollars ($10,000), or byimprisonment for not more than six months, or by both such fine andimprisonment. A person is guilty of a separate offense each day during which heor she commits, continues, or permits a violation of this chapter orany regulation or building standards adopted pursuant to thischapter.