RULE 112.00.90-001 - Arkansas Fire Extinguisher Board Rules and Regulations Applicable to Fixed Fire Protection Systems and Portable Fire Extinguishers

RULE 112.00.90-001. Arkansas Fire Extinguisher Board Rules and Regulations Applicable to Fixed Fire Protection Systems and Portable Fire Extinguishers

ARKANSAS FIRE EXTINGUISHER BOARD RULES & REGULATIONS EFFECTIVE JULY 1, 1990

1. 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 business owned by an * individual, 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 in compliance 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 and 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 test 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.

K. "Fixed Fire Extinguisher Systems" expanded to include fire extinguisher systems installed according to these rules and regulations.

2. 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 exempt by Act 743 of 1977.

3. 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, along with all information required by the Board.

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

Effective July 4, 1983, all compressed gas cylinders (Class "A") shall be hydrostatically tested in compliance with Compressed Gas Association pamphlets C-1 and C-6 and the rules and regulations of this Board.

Effective July 1, 1990, all low pressure (Class "B") hydrostatic testing will be accomplished in accordance with NFPA 10, 1988 edition, and the rules and regulations of this 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 descretion.

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 fourteen (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 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 three dollars ($3.00).

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 employees 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.

4. 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 be 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 firm's 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 three dollars ($3.00), the second transfer in a renewal period shall be five dollars ($5.00). The third and any subsequent transfer in a renewal period shall be five dollars ($5.00).

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 fourteen 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 if 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 three dollars ($3.00).

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.

License 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 Transferable. No license issued pursuant to these regulations shall be transferred from one person to another.

5. 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 a 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 be reported by the permit holder to the office of the Board within fourteen days of such change.

Verifying Identity. 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 be 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 three dollars ($3.00).

6. Failure to renew Certificate of Registration or License.

Application for renewal of a Certificate of Registration, 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.

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.

7. Granting A 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 extinguisher systems provided the required fees have been paid. The Board shall give each Certificate of Registration, License and Permit an indentifying number.

8. Examinations 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.

Effective July 1, 1990, all portable fire extinguishers shall be serviced in compliance with NFPA 10, 1988 edition and these rules and regulations of the Board. In section 4 -5.3.4 of NFPA 10 entitled "Agent Reuse", The "Closed Recovery System" is not required.

Effective July 1, 1990, all fixed fire extinguisher systems installed or serviced in this state shall be done in compliance with Act 743 as amended, the rules and regulations of the Board, manufacturers specifications and one or more of the following:

a. NFPA 11 Low Expansion Foam and Combined Agent Systems, 1988 Edition.

b. NFPA 11A Medium-and High-Expansion Foam Systems, 1988 Edition.

c. NFPA 11C Mobile Foam Apparatus, 1986 Edition.

d. NFPA 12 Carbon Dioxide Extinguishing Systems, 1989 Edition.

e. NFPA 12A Halon 1301 Fire Extinguishing Systems, 1987 Edition.

f. NFPA 12B Halon 1211 Fire Extinguishing Systems, 1985 Edition.

g. NFPA 17 Dry Chemical Extinguishing Systems, 1985 Edition.

h. NFPA 17A Wet Chemical Extinguishing Systems, 1986 Edition.

i. NFPA 96 Vapor Removal From Cooking Equipment, 1987 Edition.

j. Compressed Gas Association (OGA) Pamphlet C-6, Standards for Visual Inspection of Compressed Gas Cylinders.

k. Compressed Gas Association (CGA) Pamphlet C-1, Methods for Hydrostatic Testing of Compressed Gas Cylinders.

A grade of 90 is required to pass any section of the examination. 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.

9. 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 Board and the Office of the State Fire Marshal.

10. 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 not more and not less then 5 1/4" 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 be an approved service tag conforming to these rules and regulations.

e. Service tags shall bear 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 initials.

10. Licensee may use individual tags that have their name and license number printed on it.

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.

11. Regular meetings of the Fire Extinguisher 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.

12. 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.

13. 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 therefore, 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.

14. The Secretary shall arrange the order of business of all meetings of the Board and shall at least ten days prior thereto, 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.

15. 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.

16. Any and all complaints with 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.

17. Any and every complaint making out a prima facie case shall be presented to and reasonably 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.

18. The Board shall then review the written record and sustain or overrule 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 our a prima facie case.

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

20. 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 at last furnished to the Board, in a sealed envelope, and delivered by Certified Mail, postage prepaid.

21. Any and every person appearing before the Board at any of its hearing 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.

22. 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.

23. The Secretary shall, at least 10 days prior to any such hearing date, notify all 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.

24. 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 five (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.

25. 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.

26. 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.

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

28. 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.

29. 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.

30. 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 administered by law. The Board shall give to such evidence such weight as they shall determine just and proper.

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

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

33. The Fire Extinguisher 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.

34. To obtain a license to install or service fixed fire extinguisher systems, a person who is responsible for the operation of the certified firm must file an affidavit with the Board. This affidavit must state that the firm employs persons trained to install and service each brand of system that the firm wants to be certified for. It must also state that a manufacturers installation manual be in the possession of the responsible person, and that he can obtain factory authorized parts for each brand of system.

35. No licensee may make statements or representations, written or oral, which inaccurately state the effectiveness of a fire extinguisher or fire extinguisher system. Unfair comparison with competitors products is prohibited.

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 suspended 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 as amended or these rules and regulations.

FIRE PROTECTION SPRINKLER SYSTEMS EFFECTIVE JULY 1, 1990

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, (ACA 20-22-601 through 614).

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 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 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, #1 Battery march Park,. P.O. Box 9101, Quincy, Mass. 02269-9101.

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

L. Organization - A corporation, partnership, or other business association, a government 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 and 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 by law.

P. Standards - Those nationally recognized standards adopted herein.

Q. Test - The act of subjecting a fire protection sprinkler system to any proceedure necessary to insure it's proper operation or installation.

R. "Certified Firm" means any business owned by an individual, partner ship, corporation or association holding a current certificate of registration issued by the board.

S. "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.

6. Adopted standards. The board adopts by reference in their entirety the following copy writted standards published by and available from the National Fire Protection Assoc. Inc., (NFPA) #1 Battery march Park, P.O. Box 9101, Quincy, Mass., 02269-9101, telephone number 1-800-344 -3555. A copy of the standards shall be kept available for public inspection in the office of the State Fire Marshall.

A. NFPA 13 - 1989, Installation of Sprinkler Systems;

B. NFPA 13A - 1987, Inspection Testing and Maintenance of Sprinkler Systems;

C. NFPA 13D - 1989, Installation of Sprinkler Systems in One or Two Family Dwellings and Mobile Homes;

D. NFPA 13R - 1989, Sprinkler Systems in residential occupancies up to four stories in height;

E. NFPA 14 - 1986, Installation of Standpipe and Hose Systems;

F. NFPA 14A - 1989, Inspection, Testing, and Maintenance of Standpipe and Hose Systems.

G. NFPA 15 - 1985, Water Spray Fixed Systems for Fire Protection;

H. NFPA 16 - 1986, Installation of Deluge Foam-Water Sprinkler Systems and Foam-Water Spray Systems;

I. NFPA 16A - 1988, Installation of Closed Head Foam-Water sprinkler systems;

J. NFPA 20 - 1987, Installation of centrifugal Fire Pumps;

K. NFPA 22 - 1987, Water Tanks for Private Fire Protection;

L. NFPA 24 - 1987, Installation of Private Fire Service Mains and Their Appurtenances;

M. NFPA 30 - 1987, Flammable and Combustible Liquids Code;

N. NFPA 30A - 1987, Automotive and Marine Service Station Code;

O. NFPA 214 - 1988, Water Cooling Towers;

P. NFPA 231 - 1987, Standard for Indoor Storage;

Q. NFPA 231C - 1989, Rack Storage of Materials;

R. NFPA 231D - 1986, Storage of Rubber Tires;

S. NFPA 231E - 1989, Storage of Baled Cotton;

T. NFPA 231F - 1987, Storage of Roll Paper;

U. NFPA 232 - 1986, Record Protection of;

V. NFPA 232AM - 1986, Archives and Records Centers;

W. NFPA 409 - 1985, Aircraft Hangers;

7. Approved Certification Organization. The board approves the National Institute for Certification in Engineering technologies as a nationally recognized competency and criteria determining organization in fire protection automatic sprinkler system design for the purpose 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 RME 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 fourteen (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 fourteen (14) days. This change does not require a revised certificate.

F. Duplicate certificates. A duplicate certificate must submit written notification of the loss or destruction without delay, accompanied by the fees.

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 with 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 registered firm's RME, the firm shall submit the Board's secretary, in writing, within 48 hours and have a full-time 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. Wall licenses shall be posted conspicuously on the premises of a firm's business location.

D. Pocket license. The pocket license is for identification purposes only so long as such a 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 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.

(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 system 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 6F(3) 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. Fees.

(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 Board..

(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

$300.00

(b) Renewal fee

300.00

(c) Application fee

100.00

(2) Responsible managing employee license

  

(a) Initial fee

100.00

(b) Renewal fee

100.00

(3) Duplicate or revised certificates or licenses

15.00

(4) Other requested changes to certificates or licenses

15.00

(5) Examination fee

15.00

(D) Late Fee 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, regardless 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 or 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 Renewal 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 Renewal 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 Renewal 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 systems 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 jursidiction 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 Drior 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 unprotected areas also require updated plans.

(C) 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.

(D) 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 pg 13 of the 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, or members of the State Fire Marshal's office, or Board Members^ 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 untile 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 pg 14 of the 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 Members, shall remove a red tag.

18. 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 preform the necessary act or acts.

19. Regular meetings of the Fire Extinguisher 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.

20. 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.

21. 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 meetings, file with the-Secretary a written request thereof, 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 the request.

22. The Secretary shall arrange the order of business of all meetings of the Board and shall at least ten (10) days prior thereto, 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.

23. 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.

24. Any and all complaints with the jurisdiction of the Board must be in writing, dated and signed by the complainant, notarized and filed with the Secretary of the Board, The Secretary 5 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.

25. 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.

26. The Board shall then review the written record and sustain or overrule the Secretary's decision. If the Board sustains the Secretary's decision, the complaint shall be dismissed. If the Board shall overrule the Secretary's decision, the. complaint will be determined to make out a prima facie case.

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

28. 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.

29. 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.

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

31. The Secretary shall, at least ten (10) days prior to any such hearing date, notify all 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.

32. Any licensee complained against and to be heard, or any complaining witness, may by written petition, signed and dated, invoke the aid of the Board in the procurement of the 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 five (5) days prior to such hearing date. Any and all cost anticipated must be deposited with the Secretary at the time of any such request.

33. 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.

34. 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.

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

36. The Board shall file with the Secretary is 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 ten (10) days, by certified mail, thereafter by the Secretary under the seal of the Board.

37. 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 examinary document or evidence submitted.

38. 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.

39. 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.

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

41. The Fire Extinguisher 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.

42. Enforcement. The failure to comply with provisions of these rules by certificate holders or licensee 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.

43. 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.

(5/1/1990)

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