112.00.85 Ark. Code R. § 001 - Rules and Regulations (Sprinkler System)

FIRE PROTECTION SPRINKLER SYSTEMS

1. Purpose. The purpose of these rules is to regulate the persons engaged in the business of planning, selling, installing, maintaining, or servicing fire protection sprinkler systems in the interest of safeguarding lives and property pursuant to Act 743 of 1977 as amended

2. Title. These rules shall be known and may be cited as the sprinkler rules and shall be administered by and through the Fire Extinguisher Board.

3. Applicability of Rules. These rules shall apply to all firms and persons engaged in the business and not to the general public.

4. Notices. Notice by the Fire Extinguisher Board as required by any provision of statute or of these rules must be given by personal service or mail, postage prepaid, addressed to the person to be notified at his last known address of residence or business as it appears on the records in the office of the Fire Extinguisher Board.

5. Definitions. The following words and terms, when used in these rules, shall have the following meanings, unless the context clearly indicates otherwise:

A. Board - The Fire Extinguisher Board.

B. Certificate - The certificate of registration issued by the Board to a fire sprinkler system contractor authorizing same to engage in the business.

C. Certify - To attest to the proper planning, installing, maintaining, or servicing of fire protection sprinkler systems by executing a contractor's material and test certificate or attaching a completed service tag.

D. Fire protection sprinkler system - An assembly of underground or overhead piping or conduits 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 the products of combustion.

E. Fire protection sprinkler system contractor - A person or organization that offers to undertake, represents itself as being able to undertake, or does undertake the plan, sale, installation, maintenance, or service of a fire protection sprinkler system or any part of such a system.

F. Full-time employment basis - An employee is considered to work on a full-time basis if the employee works per week at least the average number of hours worked per week by all other employees of the firm.

G. Inspections - A visual examination of a sprinkler system or portion thereof to verify that it appears to be in operating condition and free from physical damage.

H. Installation - The initial placement of a system or its extension or alteration after the initial placement.

I. Maintenance - Repair - To maintain in the condition of repair that provides performance as originally planned.

J. NFPA - National Fire Protection Association, Inc., a nationally recognized standards-making organization.

K. NICET - National Institute for the Certification in Engineering Technologies.

L. Organization - A corporation, partnership, or other business association, a governmental entity, or any other legal or commercial entity.

M. Person - A natural person, including any owner, manager, officer, employee, or occupant.

N. Plan - In support of engineers, the application of principles, methods, and proven techniques appropriate to fire protection or those techniques especially prescribed by engineers, in the laying out an detailing of sprinkler working drawings.

O. Responsible managing employee (RME) - An individual or individuals who shall be designated by each company that plans, sells, installs, maintains, or services a fire protection sprinkler system on a full-time basis to assure that each fire protection sprinkler system as installed, maintained, or serviced meets the standards as provided for by law.

P. Standards - Those nationally recognized standards adopted herein.

Q. Test - The act of subjecting a fire protection sprinkler system to any procedure necessary to insure its proper operation or installation.

6. Adopted Standards. The board adopts by reference in their entirety the following copyrighted standards published by and available from the National Fire Protection Association, Inc., (NFPA), Battery march Park, Quickly, Massachusetts, 02269. A copy of the standards shall be kept available for public inspection in the office of the State Fire Marshal.

A. NFPA 13 -	1985, Standard for the Installation of Sprinkler Systems;
B. NFPA 13A-	1981, Recommended Practice for the Inspection, Testing and Maintenance of Sprinkler Systems;
C. NFPA 13D-	1984, Standard for the Installation of Sprinkler Systems in One and Two Family Duellings & Mobile Homes;
D. NFPA 14 -	1983, Standard for the Installation of Standpipe and Hose Systems;
E. NFPA 15 -	1985, Standard for Water Spray Fixed Systems for Fire Protection;
F. NFPA 16 -	1980, Standard for the Installation of Deluge Foam-Water Sprinkler Systems and Foam-Water Spray Systems;
G. NFPA 16A-	1983, The National Fire Protection Association Standard "Closed Head Foam-Uater Systems"
H. NFPA 20 -	1983, Standard for the Installation of Centrifugal Pumps;
I. NFPA 22 -	1984, Standard for Water Tanks for Private Fire Protection;
J. NFPA 24 -	1984, Standard for the Installation of Private Fire Service Mains and Their Appurtenances;
K. NFPA 30 -	1984, Flamable and Combustible Liquids Code;
L. NFPA 87 -	1980, Standard for the Construction and Protection of Piers and Wharves;
N. NFPA 214-	1983, Standard on Water Cooling Touers;
N. NFPA 231-	1985, Standard for Indoor General Storage;
O. NFPA 231C-	1980, Standard for Rack Storage of Materials;
P. NFPA 231D-	1980, Standard for Storage of Rubber Tires;
Q. NFPA 231E-	1984, Storage of Baled Cotton;
R. NFPA 231F-	1984, Storage of Roll Paper; and
S. NFPA 409-	1985, Standard on Aircraft Hangers.

7. Approved Certification Organization. The board approves the National Institute for Certification in Engineering Technologies as a national recognized competency and criteria determining organization in fire protection-automatic sprinkler system design for the purposes of these rules.

8. Certificates of Registration.

A. Required. Each firm engaged in the business shall have a certificate of registration issued by the Board.

(1) Each firm shall have at least one full-time licensed RPOE who shall be properly equipped to perform the act or acts authorized by its certificate.

(2) Certificate holders shall be responsible for the acts of their agents and employees for purposes of these rules, including the taking of administrative action by the Board.

B. Business location. A specific business location shall be maintained by each certified firm which shall be indicated on the certificate.

C. Posting. Each certificate shall be posted conspicuously on the premises.

D. Change of ownership. The change of a firm's ownership invalidates the current certificate. To assure continuance of the business, an application for a new certificate must be submitted to the Board 14 days prior to such change.

E. Change of corporate officers. Any change of corporate officers must be reported in writing to the board within 14 days. This change does not require a revised certificate.

F. Duplicate certificates. A duplicate certificate must be obtained from the Board to replace a lost or destroyed certificate. The certificate holder must submit written notification of the loss or destruction without delay, accompanied by the required fee.

G. Revised certificates. The change of a firm's name, location, or mailing address requires a revised certificate. Certificates requiring changes must be surrendered to the Board within 14 days after the change requiring the revision. The certificate holder must submit written notification of the necessary change with the surrendered certificate, accompanied by the required fee.

H. Minimum age. A certificate shall not be issued to any person who is under 18 years of age.

I. Termination of Registered Firm's RME. Upon termination of a a registered firm's RME, the firm shall submit the Board's secretary, in writing, within 48 hours and have a fulltime employee submit for new RME within 14 days.

J. Nontransferable. A certificate is not transferable from one firm to another.

9. Responsible Managing Employee License.

A. Required. Each person designated as a responsible managing employee by a certified firm must have a license issued by the Board.

B. Full-time employee. A licensee shall be a full-time employee of a certified firm.

C. Posting. all licenses shall be posted conspicuously on the premises of a firm's business location.

D. Pocket licensed The pocket license is for identification purposes only so long as such license remains valid and while the holder is employed by the firm reflected on the license.

E. Duplicate license. A duplicate license must be obtained from the Board to replace a lost or destroyed license. The license holder must submit written notification of the loss or destruction without delay, accompanied by the required fee.

F. Revised licenses. The license holder must submit written notification of the necessary change with the surrendered license, accompanied by the required fee.

(1) Licenses requiring changes due to a change of home or mailing address must be surrendered to the board within 14 days after the change requiring the revision.

(2) Licenses requiring a change due to a change from one registered firm to another must submit written notification to the Board within 48 hours.

G. Minimum age. A license will not be issued to any person who is under 18 years of age.

H. Restrictions.

(1) A license does not authorize anyone engaged in the business to enforce these rules or to enter any building without the owner's permission.

(2) Licensees shall not permit the use of their licenses by other persons.

(3) A licensee shall not engage in any act of the business unless employed by a certified firm.

(4) Nontransferable. A license is not transferable from one person to another.

10. Alteration of Certificates or Licenses. Alteration of such documents renders them invalid and is the basis for administrative action pursuant to Act 743 of 1977 as amended.

11. Applications.

A. Certificates of registration.

(1) Applications for certificates shall be in writing on forms provided by the Board and accompanied by the required fee.

(2) Applications must be signed by the sole proprietor, by each partner of a partnership, or by an officer of a corporation or organization, and where applicable, accompanied by evidence of registration as an Arkansas corporation or evidence of registration with the Arkansas Secretary of State as a foreign corporation. The application shall also include written authorization by the applicant permitting the Fire Marshal or representative to enter, examine, and inspect any premises, building, room, or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Act 743 of 1977 as amended.

(3) Insurance required.

(a) The Board shall not issue a certificate of registration under these rules unless the applicant files with his office proof of liability insurance as required in Act 743 of 1977 as amended.

(b) Each certified firm shall maintain in force and on file in the Board's office the certificate of insurance as required. Failure to do so will be cause for action to suspend the firm's certificate of registration.

(B) Responsible managing employee licenses.

(1) Original and renewal applications for a license from an employee of a firm engaged in the business shall be on forms provided by the Board and accompanied by the required fee.

(2) One of the following documents must accompany the application to evidence technical qualifications for a license:

(a) A copy of NICET's notification letter regarding the applicant's successful completion of the examination requirements for certification at level III for fire protection automatic sprinkler systems layout.

(b) Individuals applying for a license on or before September 1, 1986 without completing NICET level III examination requirements may be issued a license, if they otherwise qualify, according to the provisions of Section 6 F3 of Act 702 of 1985. At the time of renewal of such license, applicant must accompany the renewal application with a copy of NICET's notification letter regarding the applicant's successful completion of the examination requirements for certification at level III.

12. Tees.

(A) Every fee required in accordance with the provisions of Act 743 of 1977 as amended, and these rules, shall be paid by money order or check. Money orders and checks shall be made payable to the Fire Extinguisher Coard.

(B) Fees shall be paid at the office of the Board in Jonesboro, Arkansas, mailed to an address specified by the Board.

(C) Fees shall be as follows:

(1) Certificate of registration.

(a) Initial fee	$300.
(b) Renewal fee	$300.
(c) Application fee	$100.

(2) Responsible managing employee license.

(a) Initial fee	$100.
(b) Renewal fee	$100.

(3) Duplicate or revised certificates or licenses $ 15.

(4) Other requested changes to certificates or licenses $ 15.

(5) Examination fee $ 15.

(D) Late Fees are required of all certificate or license holders who fail to submit renewal applications on or prior to their expiration date.

(E) A renewal application accompanied by the required renewal fee and deposited with the United State Postal Service is deemed to be timely filed, regard less, of actual date of delivery, when its envelope bears a legible postmark date which is on or before the expiration date of the certificate or license being renewed.

(F) Holders of certificates and licenses which have been expired for less than two years cannot be issued new certificates or licenses.

(G) A certificate or license which has been expired for two years or more cannot be renewed.

(H) Renewal fees for certificates and licenses which have been expired for less than two years are composed of renewal and late fees shall be determined in accordance with the following schedule:

Expired 1 Day to 90 Days

1 Reneual fee	+ (1/2 initial fee)	= Total fee
Certificate	$300.00	$150.00	$450.00
License	100-00	50.00	150.00

Expired 91 Days to 365 Days

1 Reneual fee	+ (Initial fee)	= Total fee
Certificate	$300.00	$300.00	$600.00
License	$100.00	$100.00	$200.00

Expired 366 Days to Two Years

2 Reneual fees	+ (Initial fee)	= Total fee
Certificate	$600.00	$300.00	$900.00
License	$200.00	$100.00	$300.00

13. Examinations.

(A) Each applicant for a license shall take and pass with at least a 90% grade an examination covering these rules. The content, frequency and location of the examination shall be set by the Board.

(B) Applicants who fail must file a re-examination application accompanied by the required fee.

(C) A person whose license has been expired for two years or longer and makes application for a new license must take and pass another examination. No examination is required for a licensee whose license is renewed within two years of expiration.

14. Installation, Inspection, and Service.

(A) All sprinkler system installed under Act 743 of 1977 as amended, shall be under the supervision of a licensed responsible managing employee.

(B) Installation of sprinkler systems, beginning at the point where water is used exclusively for sprinklers, shall be in compliance with standards adopted herein.

(C) Upon completion of the installation, the licensed responsible managing employee shall distribute a contractor's Material & Test Certificate as follows:

(1) Original copy retained by the installing company;

(2) Second copy kept at the site after completion of the installation,

(3) Third copy to be sent to the insurance authority having jurisdiction within 10 days after completion of the installation;

(D) Inspections, where required, shall be conducted by a certified firm and in compliance with the appropriate adopted standards, A written report of the inspection shall be completed and filed in accordance with (c)(1)-(3) of this section.

(E) Service which includes maintenance, where required, shall be conducted by a certified firm and in compliance with the appropriate adopted standards.

(F) Complete records shall be kept of the tests and operations of each system. The records shall be available for examination by the Fire Marshal or his representative.

15. Sprinkler System Plans.

(A) Sprinkler working plans and hydraulic calculations, shall be submitted to a reviewing authority, where applicable, for all systems installed in building, prior to completion of installation.

(B) Subsequent alterations or additions shall be legibly noted on updated plans. When an alteration consists of 20 sprinklers or less and all floor areas were protected prior to the alteration, updated plans are not required. Updated plans are required for all alterations consisting of more than 20 sprinklers. Additions to systems protecting previously unprotected areas also require updated plans.

(D) Plans shall bear the signature of the licensed responsible managing employee, his license number, the date of installation, alteration, or addition, and the certificate of registration number of the certified firm.

(E) After receipt of appropriate letter of review from review authority, a registered firm shall forward 8 1/2 x 11 copy to the Secretary of the Board for storage.

16. Service Tags.

(A) After installation or service, a service tag shall be completed in detail, indicating all work that has been done, and then attached to the system in such a position as to permit convenient inspection and not hamper its actuation or operation.

(B) A new service tag shall be attached each time an inspection or service is performed.

(C) Service tags shall bear the following information in the format of the sample tag shown on page 19 of these rules.

(1) "Do not remove by order of the State Fire Marshal" (all capital letters, at least 36 point bold face type);

(2) firm's name and address;

(3) firm's certificate of registration number;

(4) RME's name and license number;

(5) signature of service person;

(6) day, month, and year (to be punched);

(7) type of work (to be punched);

(8) service performed; and

(9) owner's name and address.

(D) Tags shall be 5 1/4 inches in height, and 2 5/8 inches in width. Service tags shall not be red in color.

(E) Tags may be printed and established for any five year period. After each printing, one tag shall be forwarded to the Board Secretary.

(F) Only authorized employees of certified firms or members of the State Fire Marshal's office, or Board Member, shall remove a service tag.

(G) If impairments are found, the service person shall notify the building owner or his representative and complete and attach a red tag. A service tag shall not be installed on the system until the impairments have been corrected, the system reinspected and found to be in good operating condition.

17. Red tags.

(A) Red tags shall be the same size as service tags.

(B) Red tags shall be attached to all systems that are impaired due to failure to meet minimum standards.

(C) Red tags shall bear the following information in the format of the sample tag shown on page 20 of these rules.

(1) "Do not remove by order of the State Fire Marshal" (all capital letters, at least 36 point bold face type);

(2) firm's name and address;

(3) firm's certificate of registration number;

(4) RME's name and license number;

(5) signature of service person;

(6) day, month, and year (to be punched);

(7) impairments; and

(8) owner's name and address.

(D) Tags may be printed and established for any five year period. After each printing, one tag shall be forwarded to the Board Secretary.

(E) Only authorized employees of certified firms, members of the State Fire Marshal's office, or Board Number, shall remove a red tag.

18. Enforcement. The failure to comply with provisions of these rules by certificate holders or licensees may subject them to Board action including, but not limited to, suspension, fine, revocation, or refusal to issue or renew a license or certificate of registration.

19. Severability. If any provision of these rules or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of these rules which can be given effect without the invalid provisions or application. To this end, all provisions of these rules are declared to be severable.

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Notes

112.00.85 Ark. Code R. § 001

8/7/1985