Washington Administrative Code › Title 212 - State Patrol (Fire Protection) (See also Titles 204, 446 and 448) › Chapter 212-80 - Fire protection sprinkler system contractors › ENFORCEMENT AND COMPLIANCE › Section 212-80-205 - Suspension or revocation of licenses or certificates

Current through Register Vol. 24-14, July 15, 2024
(1) The director may refuse to issue or renew
				or may suspend or revoke the privilege of any individual acting as a
				certificate of competency holder, certified or not, or a licensed or unlicensed
				fire protection sprinkler system contractor to engage in the fire protection
				sprinkler system business. The director may establish penalties against a
				person or company who violates any provision of chapter 18.160 RCW or any
				provision of this chapter while he or she is engaged in the design,
				installation, inspection, testing, maintenance, or repair, of a fire sprinkler
				system or any part of such system.
(2) The following actions will result in
				suspension, revocation, or civil penalties against a fire protection sprinkler
				system contractor and suspension or revocation for certificate of competency
				holder:
(a) Gross incompetence - The licensed
				contractor and/or certificate of competency holder demonstrated he or she does
				not have the qualifications or ability to perform at the level of license or
				certificate required to contract or offer to bid on the design, installation,
				inspection, testing, maintenance, or repair, of a fire protection sprinkler
				system or any part of such system. For the purpose of this subsection,
				qualifications mean that the person did not possess or has not possessed a
				valid certificate to the level required for the work performed.
(b) Gross negligence - The licensed
				contractor and/or certificate of competency holder has demonstrated a habitual
				failure in the preparation of layout drawings, installation, repair,
				alteration, testing, maintenance, inspection, or addition to fire protection
				sprinkler systems in accordance with plans, specifications, building codes, or
				the publications of the National Fire Protection Association. For the purpose
				of this subsection, "habitual failure" means that the person has over a period
				of time committed five violations of chapter 18.160 RCW, or this chapter in
				separate offenses, or has failed to design or install sprinkler systems in
				accordance with plans, specifications, building codes, or the publications of
				the National Fire Protection Association. Violations for gross negligence
				identified and enforced by the authority having jurisdiction must:
(i) Show a pattern of performance issues or
				repetitive violations of chapter 18.160 RCW, and/or this chapter by the company
				or those it employs to the director;
(ii) Demonstrate that the pattern of
				performance issues or repetitive violations have occurred in any jurisdiction
				within the state of Washington beginning no more than five years from the date
				the authority having jurisdiction's investigation commences; and
(iii) Provide documentation to show the
				licensed contractor and/or certificate of competency holder's gross negligence
				including, but not limited to:
(A)
				Correspondence between the licensed contractor or certificate of competency
				holder and the local authority having jurisdiction that identifies violations
				of work that do not comply with the applicable standards;
(B) Failed permit or work
				inspections;
(C) Issued stop work
				order;
(D) Investigations resulting
				from a complaint;
(E) Violation
				notices; or
(F) Issued citations or
				infractions.
(c) Dishonest practices - The licensed
				contractor and the certificate of competency holder will not engage in
				dishonest fire protection sprinkler systems business practices that include,
				but are not limited to:
(i) Charging customers
				for work not performed. When a licensee is suspended, revoked, or denied, as
				part of a complaint investigation where the licensed contractor or certificate
				of competency holder received payment for supplies or work not performed and
				did not return the funds to the person contracting for the service, the
				director may upon receipt of a renewal application require that the licensed
				contractor or certificate of competency holder pay restitution as a condition
				to renew the license.
(ii)
				Receiving any payments on work that the licensed contractor or the certificate
				of competency holder is not licensed or certified to perform.
(iii) Implying either verbally or in writing
				that either the licensed contractor or the certificate of competency holder
				possesses the appropriate license or certificate to bid on or complete fire
				sprinkler work when he or she does not have that fire protection sprinkler
				system contractor license or certification level.
(iv) Performing certification, installation,
				inspection, testing, or maintenance for a water based fire protection sprinkler
				system or equipment contrary to the National Fire Protection Association codes,
				National Fire Protection Association standards, or manufacturer's
				specifications.
(v) Performing
				certification, installation, inspection, testing, or maintenance for a water
				based fire protection sprinkler system or equipment beyond that which the
				contractor is licensed and/or certificate of competency holder is certified,
				regardless of whether or not the work done was in compliance with the National
				Fire Protection Association codes, National Fire Protection Association
				standards, or manufacturer's specifications.
(d) Actions showing an indifference to comply
				with the fire protection sprinkler system business practices that include, but
				are not limited to a licensed contractor:
(i)
				Offering to contract for fire protection sprinkler system work without
				currently employing a certificate of competency holder.
(ii) Requiring or allowing employees to
				falsify any sprinkler tags, labels, or inspection reports.
(iii) Permitting or requiring a certificate
				of competency holder to use his or her certificate in connection with the
				preparation of any technical drawings that have not been prepared personally by
				the certificate of competency holder or under his or her direct supervision, or
				in violation of this chapter.
(e) Any violation of this section constitutes
				a Level 3 violation.