RULE 112.00.79-001 - Rules and Regulations of the Fire Extinguisher's Serviceman and Installer Advisory Board

RULE 112.00.79-001. Rules and Regulations of the Fire Extinguisher's Serviceman and Installer Advisory Board

NEW RULES AND REGULATIONS

SECTION I. AUTHORITY

Pursuant Act 743 of the 1977 Arkansas General Assembly, the rules and regulations of the Fire Extinguisher Serviceman and Installer Advisory Board are adopted as follows:

FIRE EXTINGUISHER SERVICEMAN AND INSTALLER ADVISORY BOARD

November 24, 1978.

Dale Nimmo, Chairman

1. The Fire Extinguisher Serviceman and Installer Advisory Board shall administer the act and it may issue rules and regulations which it considers necessary to it's administration.

2. Definitions

A. "Apprentice" means a specific individual to whom a permit has been issued by the Board to perform various acts of service under the direct supervision of a person holding a valid license to perform such acts.

B. "Certified Firm" means any individual, person, partnership, corporation, or association holding a current certificate of registration issued by the Board.

C. "Department of Transportation" (DOT cylinder) means all cylinders manufactured and tested incompliance with specifications of the United States Department of Transportation.

D. "License" means a written document issued by the Board to any person for the purpose of granting permission to such person to perform any act or acts for which authorization is required.

E. "Licensee" means a specific Individual to whom a license has been issued by the Board.

F. "Person" means a natural person, Including any owner, manager, officer, or employee of any firm.

G. "Recharge" means to fill an extinguisher with a charge the second arid all succeeding times.

H. "Recognized Testing Laboratory" means a nationally recognized testing agency staffed "by qualified personnel and properly equipped to conduct the particular test in question and who are regularly engaged in conducting tests and furnishing inspection and reexamination services. Such recognized testing laboratories are those who publish lists of tested materials, equipment or devices and conduct inspection of the listed product . and must be approved by the Board.

I. "Repair" means any work performed on or to any portable fire extinguisher or fixed fire extinguisher system and not defined as charging, recharging, hydrostatic testing or inspecting.

J. "Test" means to subject any portable fire extinguisher or fixed fire; extinguisher system to any procedure necessary to insure it's proper operation or installation.

3. These rules and regulations shall apply to all firms, licensees, and apprentices engaged in the "business of servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems and performing hydrostatic testing, except those specifically exempted by Act 743 of 1977.

4. Any firm that desires to engage in the "business of installing, repairing and servicing portable fire extinguishers or fixed fire extinguisher systems shall make a written verified application to the Board (on forms provided) for a Certificate of Registration. A copy of such Certificate of Registration will be provided for each separate location of such firm where such service is to be performed. The application must be signed by the sole proprietor, or each partner, or by an officer of a corporation. The appropriate fee must accompany the application.

Any firm that desires to engage in the business of installing, repairing and servicing portable fire extinguishers or fixed fire extinguisher systems shall make a written and verified proof of financial responsibility to the Board.

Each person or firm applying for a Certificate of Registration or a Hydrostatic Testing Certificate must sign a statement with the Board indicating their willingness to submit to an inspection of their premises by the Board or its duly authorized Deputy at its discretion.

No certified firm shall be prohibited from taking orders for the performance of any acts for which said firm is not authorized to perform. Such orders shall be consigned to any firm licensed to perform the necessary act or acts.

Evidence of alteration of the Certificate of Registration, License or Permit shall render said Certificate, License, or Permit invalid, and the altered Certificate, License or Permit shall be surrendered |to the Board or its duly authorized Deputy upon request.

Change of Location. Any change of location of any certified firm shall be reported to the Board in writing within 14-days of such change by the certified firm to maintain validity of the affected Certificate of Registration. Any change of location shall be verified by the Board or its duly authorized Deputy who shall affix a change of location stamp to the affected Certificate of Registration upon verification of such change.

Posting. Every Certificate of Registration issued pursuant to the provisions of these regulations shall be posted on the premises of the certified location for inspection at any reasonable hour by the Board or its duly authorized deputy.

Duplicate Certificate of Registration. A duplicate of Certificate of Registration may be issued "by the Board to replace any previously issued certificate which has been lost or destroyed upon the submission of a written statement from the certified firm to the Board. Such statement shall attest to the fact that the Certificate of Registration has been lost or destroyed. The fee for such reissuance shall be (3) dollars.

Minimum Age. No Certificate of Registration shall be issued to any person who is under 18 years of age.

Restrictive Use. No Certificate of Registration shall constitute authorization for any licensee or any of his employee to enter upon or into any property or building.

No. Certificate of Registration shall constitute authorization for any holder of a Certificate of Registration or any of its employees to Enforce any provision or provisions of these regulations.

Non-Transferable. No Certificate of Registration issued pursuant to these regulations shall be transferred from one person to another.

5. Any person employed as a licensee by a certified firm, corporation or partnership engaged in the business of servicing. portable fire extinguishers or installing or servicing fixed fire extinguisher systems, shall make written verified application to the Board (on forms provided) for license to perform such service as is authorized by the type of license. Appropriate fee must accompany application.

Every license shall indicate type of act or acts to be performed and for which the applicant has qualified. No person holding a valid license shall he prohibited from taking orders for the performance of any act or acts for which authorization has not been granted. Such orders shall be consigned to any person who is qualified and authorized to perform such act or acts.

No person holding a valid license shall be authorized to perform any act unless he is employed by a certified firm.

When a licensee Wishes to leave the employ of one firm for that of another, he must file a transfer application, accompanied by his old license, his pocket card, and a statement from his previous employer stating the date that he left his employ and the name and address of his new employer and the Firms Certificate of Registration Number. The renewal application must be signed by the owner, partner or officer of a corporation.

The Transfer fee for the first transfer in a renewal period shall be (3) dollars, the second transfer in a renewal period shall be (5) dollars. The third and any subsequent transfers in a renewal period shall be (5) dollars.

Change of Address. Any change in the home address of any holder of a valid license shall be reported by the licensee to the office of the Board within 14 days of such change.

No licensee may presume that a valid license has been issued by the Board until such time, as the licensee shall actually receive a pocket card issued by the Board and it shall be unlawful for any person to service or install fire extinguishers in this state, unless said person shall possess a current valid pocket card evidencing the fact that the person holds an active license and stating the firm with whom the licensee is affected.

Verifying Identity. Every person holding a valid license shall upon demand show and permit the examination of such license by the Board or its duly appointed deputy.

Duplicate License. A duplicate license may be issued by the Board to replace any previously issued license which has been lost or destroyed upon the submission of a written statement to the Board from the licensee. Such statement shall attest to the fact that the license has been lost or destroyed. The fee for such reissuance shall be (3) dollars.

Restrictive Use. No license shall constitute authorization of any person to enter upon or into any property or building.

No license shall constitute authorization for any person to enforce any provision or provisions of these regulations.

A license may be used for identification purposes only as long as such license remains valid while the holder is employed by a certified firm.

Licensed employees of a certified firm may perform only those acts authorized by the firm's Certificate of Registration. Furthermore, a licensee may perform only those acts authorized by his license.

Non-Transferrable. No license issued pursuant to these regulations shall "be transferred from one person to another.

6. Apprentice Permits. New employees of certified firms may, with an apprentice permit, perform the various acts of servicing-portable fire extinguishers, installing or servicing fixed fire extinguisher systems while under the direct supervision of a person holding a valid license to perform such acts.

All acts of service performed after the expiration date of an apprentice permit, where the holder has not applied for a license shall be in violation of these regulations.

The licensee supervising and the apprentice must be employees of the same certified firm.

Change of Address. Any change in the home address of any holder of a valid apprentice permit shall he reported "by the permit holder to the [office of the Board within 14 days of such change.

Verifying Identify. Every person holding a valid apprentice permit shall, upon demand, show and permit the examination of such permit to the Board or its duly appointed deputy.

Duplicate Permit. A duplicate permit may he issued by the Board to replace any previously issued permit which has been lost or destroyed upon the submission of a written statement to the Board from the permit holder. Such statement shall attest to the fact that the permit has been lost or destroyed. The fee for such reissuance shall be (3) dollars.

7. Failure to renew Certificate of Registration or License. Application for renewal of a Certificate of Registration, a Hydrostatic Testing Certificate, or a License shall be made annually. Such renewal application shall be accompanied by the appropriate fee Should application and appropriate fee for Renewal of Certificate of Registration or License not be received in the office of the Board at least 15 days prior to its expiration date, the Certificate of Registration or License shall become invalid and the firm or licensee holding .such said Certificate of Registration or License shall cease to perform those acts of service authorized by the Certificate of Registration or License.

All acts of service performed after the expiration date of the Certificate of Registration, Hydrostatic Testing Certificate, or License shall be in violation of this regulation.

When a Certificate of Registration or License becomes invalid by expiration and the firm or licensee desires to continue in the business of servicing portable fire extinguishers or installing and servicing fixed fire extinguisher systems application must be made to the Board for a new Certificate of Registration or License in accordance with these regulations.

8. Granting of Certificate of Registration, License and Permit. If the Board finds after reviewing the applicant's application, record of service, servicing and shop facilities, and methods and procedures of operations, that the granting or renewing of a Certificate of Registration, License, or Permit would not be contrary to public safety and welfare, the Board shall issue or renew such Certificate of Registration, License or Permit authorizing the applicant to engage in the business of servicing portable fire extinguishers, or installing or servicing fixed fire extinguisher systems provided the required fees have been paid. The Board shall give each Certificate of Registration, License and Permit an identifying number.

9. Examination and Applicability. Every person who performs any act or acts within the scope of his employer's Certificate of Registration shall pass a written examination given at the direction of the Board. Such examination may be supplemented by practical test or demonstrations deemed necessary to determine the applicant's knowledge and ability to service portable fire extinguishers or fixed fire extinguisher systems.

Examinations shall be held at such place and at such time as the Board shall determine.

At least two examinations per year shall be conducted. Notice of time and place of examination shall be given at least 30 days prior to the examination.

10. References for standards for examinations and servicing.

A. N.F.P.A. #10 Standard for the Installation and Maintenance of Portable Fire Extinguishers.

B. N.F.P.A. #11 Standard for Foam Fire Extinguisher Systems.

C. N.F.P.A. #12 Standard for Carbon Dioxide Extinguisher Systems.

D. N.F.P.A. #17 Standard for Dry Chemical Fire Extinguisher Systems.

E. N.F.P.A. #96 Standard for the Installation of Equipment for the Removal of Smoke and Grease Laden Vapors for the Commercial Cooking Equipment.

F. N.F.P.A. #12 A Standard for Halon 1301 Fire Extinguisher Systems.

G. The American Restaurant Association's Standards for Fire Prevention.

H. United States Department of Transportation specifications for Hydrostatic testing of Compressed Gas Cylinders.

I. N.F.P.A. #12B Standard for Halon 1211 Systems.

A grade of 90 is required to pass any section of the examination and the applicant must pass the general requirement section to obtain a license. It is possible for the applicant to retake the examination or any part thereof that he failed, until he passes the test a new application will be required each time.

Applicant obtaining a minimum grade of 90 will be issued a license endorsed with the type of service qualified for by the examination.

11. No portable fire extinguishers shall be sold, leased, serviced, or recharged in the State of Arkansas unless it is labeled and/or listed by Underwriters Laboratories, Inc., Factory Mutual System, or other nationally recognized testing laboratory which is approved by the Fire Extinguisher Serviceman and Installer Advisory Board and the Office of the State Fire Marshal.

12. Requirements for Service Tags. General Requirements. Service tags are required by these rules and regulations and shall be in conformity with the following provisions.

A. Tags shall be hot more and not less than 5ΒΌ" in height, and 2 5/8" in width. Service tags shall not be red in color.

B. One service tag shall be attached to each portable fire extinguisher in such a position as to be conveniently inspected, but not to hamper the operation or removal of the extinguisher from the bracket.

C. The service tags may be printed or otherwise established for any number of years not in excess of five years.

D. Every tag attached to an extinguisher serviced by a licensed firm after this date shall he an approved service tag conforming to these rules and regulations.

E. Service tags shall hear the. following information.

1. Servicing firm's name.

2. Address of servicing firm.

3. Certificate of Registration number.

4. Type of service performed.

5. Date service is performed.

6. License number of individual who performed or supervised the service or services performed.

7. Apprentice permit number.

8. Do not Remove by order of the State Fire Marshal.

9. Signature of licensee or initial.

F. A new service [tag shall be attached to the extinguisher or fixed fire extinguisher system each, time a service is performed.

G. Date and service performed shall be indicated by punching the appropriate section of the tag.

H. No person or persons shall remove the service tag except when further service is performed. No person or persons shall deface, modify or alter any service tag attached to or required to be attached to any portable fire extinguisher.

I. Use of Red Tag. Portable fire extinguishers which do not conform with the minimum regulations, or standards and are permanently removed from service shall not be tagged but shall be provided with a tag stating the extinguisher is condemned or rejected, the reason for rejection, the License number and Certificate of Registration number of the person that condemned it, such tags shall be red in color and shall not be less in size than that of an approved service tag.

13. Regular meetings of the Fire Extinguishers Serviceman and Installer Advisory Board shall generally be held on the third Thursday of each month, and will continue in session until its business is completed insofar as is possible; provided, however, that any regular meeting of the Board may be set forward, postponed, cancelled or adjourned to another day.

14. Special meetings of the Board may "be called at any time by a majority of the Board or at the direction of the Chairman of the Board.

15. Any person desiring to appear "before the Board at any of its regular meetings, to take up any business within its jurisdiction shall, at least 15 days prior to such meeting, file with the Secretary a written request therefor, in which the nature and purpose of the appearance shall be clearly and concisely stated with sufficient details to fully apprise the Board of the basis and extent of such business. An estimate of time, needed must be stated on request.

16. The Secretary shall arrange the order of business of all meetings of the Board and shall at least ten days prior there to, notify all persons who are to appear before any such meeting the place and approximate time he or she is to appear before the Board.

17. Appearances before any special meeting of the Board shall be voluntary on the part of any person and they must file with, the Secretary, prior to any such appearance, a signed statement to the effect that such appearance is voluntary.

18. Any and all complaints within the jurisdiction of the Board must be in writing, dated and signed by the complainant, notarized and filed with the Secretary. The Secretary, upon receiving any such complaint, may proceed to investigate said complaint and may take statements from any person thought to have any knowledge of any fact(s) pertaining thereto.

19. Any and every complaint making out a prima facie case shall be presented to; and seasonably disposed of by the Board, giving due consideration to sufficient and necessary time to investigate and consider the complaint. Any person who shall file a complaint with the Board Secretary, and who shall disagree with the Secretary's findings, that such complaint fails to make a prima facie case, may upon written request, appeal the Secretary's decision to the Board.

20. The Board shall then review the written record and sustain or over rule the Secretary's decision.

If the Board sustains the Secretary's decision, the complaint shall be dismissed. If the Board shall overrule the Secretary, the complaint will "be determined to make out a prima facie case.

21. The Secretary shall notify, in writing, every licensee complained against, provided .said complaint is determined to make out a prima facie case.

22. Any and every Notice, Order or. other instrument herein required to be forwarded or sent to any person concerning a complaint or hearing shall be deemed sufficient if addressed to the person at his or her address as last furnished to the Board, in a sealed envelope, and delivered by Certified Mail, postage prepaid.

23. Any and every person appearing before the Board at any of its hearings shall be first placed under oath. All testimony given or statements made to or before the Board shall be stenographically reported and made a part of the record in such case.

24. At any and all meetings of the Board at which a hearing is to be held on any complaint previously filed the same shall be set down for a day certain by the Board, at least 10 days prior to any such hearing date.

25. The Secretary shall, at least 10 days prior to any such hearing date, notify jail persons entitled to notice thereof, by Certified Mail of the order of the Board setting such complaint for hearing. Said notice shall contain the place and approximate time of said hearing, a brief and concise statement of the facts forming the basis of the complaint, the provisions of the law or the rules and regulations thought to be involved therein, and shall be executed for the Board by its Secretary dated and sealed with the official seal of the Board.

26. Any licensee complained against and to be heard, or any complaining witness, may, be written petition, signed and dated, invoke the aid of the Board in the procurement of any witness he or she may desire to be present and testify at any such hearing, such petition to be filed with the Secretary at least 5 days prior to such hearing date. Any and all costs anticipated must be deposited with the Secretary at the time of any such request.

27. Each and every complaint filed with the Secretary which shall be determined to make out a prima facie case shall .be given a file number by the Secretary and thereafter all written documents pertaining thereto shall bear that assigned file number.

28. Each and every hearing of the Board, after being duly called to order, shall begin with a statement by the Chairman or Vice-Chairman, as to the nature of the cause to be heard, an inquiry of the parties present as to whether each is prepared to proceed, and thereafter the cause, shall proceed with the presentation of evidence for and on behalf of the complainant.

At the conclusion of such evidence the person complained against may then proceed to introduce evidence in contradiction, after which rebuttal testimony may be offered.

29. Either oral or written argument on the issues raised, may be called for or dispensed with at the discretion of the Board.

30. The Board shall file with the Secretary its written findings and conclusions as to all hearings, same to be signed by all Board Members joining therein, and an appropriate Order shall be entered in accordance therewith. A copy of such Order shall be sent to the licensee involved within 10 days, by Certified Mail, thereafter by the Secretary under the . seal of the Board.

31. At any hearing both the licensee and complaining witness involved may be present in the hearing room during the entire proceedings and shall have the right to cross examine any witness and to examine any document or evidence submitted.

32. The Board will receive into evidence all affidavits, depositions, certified copies of documents, photostats of official records and exhibits therewith introduced, together with such other evidence, as may be admissible by law. The Board shall give to such evidence such weight as they shall determine just and proper.

33. Every pleading,, motion or other document, and every request to the Board must be filed with the Secretary in writing, signed, dated and in quintuplicate.

34. No attorney shall withdraw his appearance in any cause before this Board except by leave of the Board after notice served by him on his client and counsel for the Board.

35. The Fire Extinguishers Servicemen and Installer Advisory Board shall issue no Certificate of Registration or License to a firm where the issuance of such license shall be confusing to the public. It shall be the duty of the person requesting a Certificate of Registration to inquire of the Board concerning the acceptability of the proposed company name.

36. Denial, Refusal,Suspension or Revocation. A License, Certificate of Registration, or Permit may be denied, or License, Certificate of Registration or Permit duly issued may be suspened or revoked, or the renewal thereof refused, if after notice and public hearing, the Board finds from the evidence presented at such hearing that the individual or firm has violated any of the provisions of Act. 743, 1977 or these rules and regulations.

(2/21/1979)

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