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Arkansas General Assembly· HB 1425WITHDRAWN BY AUTHOR

An act TO ABOLISH THE ARKANSAS FIRE PROTECTION 10 LICENSING BOARD, the official text

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1 State of Arkansas              A Bill
2 95th General Assembly

3 Regular Session, 2025                                           HOUSE BILL 1425

4

5 By: Representative L. Johnson

6 By: Senator K. Hammer

7

8                                For An Act To Be Entitled

9   AN ACT TO ABOLISH THE ARKANSAS FIRE PROTECTION

10  LICENSING BOARD; TO AMEND THE LAW CONCERNING THE

11  DUTIES OF THE ARKANSAS FIRE PROTECTION SERVICES

12  BOARD; AND FOR OTHER PURPOSES.

13

14

15                               Subtitle

16                       TO ABOLISH THE ARKANSAS FIRE PROTECTION

17                       LICENSING BOARD; AND TO AMEND THE LAW

18                       CONCERNING THE DUTIES OF THE ARKANSAS

19                       FIRE PROTECTION SERVICES BOARD.

20

21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

22

23  SECTION 1. DO NOT CODIFY. Abolition of the Arkansas Fire Protection

24 Licensing Board.

25  (a) The Arkansas Fire Protection Licensing Board is abolished, and its

26 authority, duties, functions, records, contracts, personnel, property, and

27 unexpended balances of appropriations, allocations, and other funds,

28 including without limitation the functions of budgeting or purchasing, are

29 transferred to the Arkansas Fire Protection Services Board.

30  (b) The Arkansas Fire Protection Licensing Board's statutory powers,

31 duties, and functions, including without limitation the functions of

32 budgeting or purchasing, records, contracts, personnel, property, and

33 unexpended balances of appropriations, allocations, and other funds are

34 transferred to the Arkansas Fire Protection Services Board.

35  (c)(1) The abolishment of the Arkansas Fire Protection Licensing Board

36 does not affect the orders, rules, directives, registration, licensing, or

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1 standards made or promulgated by the Arkansas Fire Protection Licensing Board

2 before the effective date of this act.

3            (2) The orders, rules, directives, registration, licensing, or

4 standards of the Arkansas Fire Protection Licensing Board shall continue to

5 be in effect until they are amended or repealed under authority given by law.

6

7   SECTION 2. Arkansas Code � 17-40-103(a)(13), concerning exemptions for

8 private investigators and private security agencies, is amended to read as

9 follows:

10           (13) Installation of fixed fire extinguisher systems by persons

11 licensed by the Arkansas Fire Protection Licensing Board Arkansas Fire

12 Protection Services Board;

13

14  SECTION 3. Arkansas Code � 19-5-1242(c), concerning the creation of

15 the Fire Protection Licensing Fund, is amended to read as follows:

16  (c) The fund shall be used for the maintenance, operation, and

17 improvement as required by the Arkansas Fire Protection Licensing Board

18 Arkansas Fire Protection Services Board in carrying out the powers,

19 functions, and duties as set out in � 20-22-601 et seq.

20

21  SECTION 4. Arkansas Code � 20-22-602(1), concerning the definition of

22 "apprentice" as it relates to monitoring the sale, installation, and

23 servicing of fire extinguishers, is amended to read as follows:

24           (1) "Apprentice" means a qualified person:

25           (A) Enrolled as required in an apprenticeship program

26 recognized by the Arkansas Fire Protection Licensing Board Arkansas Fire

27 Protection Services Board; and

28           (B) Who may perform work entitled by the licensee under

29 the direct supervision of a licensed employee;

30

31  SECTION 5. Arkansas Code � 20-22-602(6), concerning the definition of

32 "fixed fire protection systems" as it relates to monitoring the sale,

33 installation, and servicing of fire extinguishers, is amended to read as

34 follows:

35           (6) "Fixed fire protection systems" means fire extinguisher or

36 fire suppression systems, including without limitation:

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1                  (A) Fire extinguishing or fire suppression systems

2 installed to protect the hoods and ductwork of exhaust systems designed for

3 the removal of smoke and grease-laden vapors from commercial cooking

4 equipment; and

5                  (B) Listed or approved fire protection systems or

6 suppression systems installed and maintained according to the standards

7 adopted in the rules of the Arkansas Fire Protection Licensing Board Arkansas

8 Fire Protection Services Board;

9

10  SECTION 6. Arkansas Code � 20-22-603(5)(B), concerning exceptions to

11 monitoring the sale, installation, and servicing of fire extinguishers, is

12 amended to read as follows:

13                 (B) All work is performed according to the standards

14 adopted and the rules of the Arkansas Fire Protection Licensing Board

15 Arkansas Fire Protection Services Board and the National Fire Protection

16 Association pamphlet number ten (No. 10): Standard for Portable Fire

17 Extinguishers;

18

19  SECTION 7. Arkansas Code � 20-22-604(a), concerning penalties for

20 violations of law regarding monitoring the sale, installation, and servicing

21 of fire extinguishers, is amended to read as follows:

22  (a) The Arkansas Fire Protection Licensing Board Arkansas Fire

23 Protection Services Board, in a lawful proceeding respecting licensing as

24 defined in the Arkansas Administrative Procedure Act, � 25-15-201 et seq., in

25 addition to or in lieu of any other lawful disciplinary action, may assess a

26 civil penalty of not more than one thousand dollars ($1,000) for each

27 violation of any statute, rule, or order enforceable by the board.

28

29  SECTION 8. Arkansas Code � 20-22-605(a), concerning reports and

30 investigations of fire extinguishers, is amended to read as follows:

31  (a) The Division of Occupational and Professional Licensing Boards and

32 Commissions and other state and local agencies and officers may cooperate

33 with and assist the Arkansas Fire Protection Licensing Board Arkansas Fire

34 Protection Services Board in administering and enforcing this subchapter by

35 reporting to the board any violations of this subchapter or any failure to

36 comply with this subchapter or the policies adopted by the board pursuant to

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1 the authority granted in this subchapter.

2

3   SECTION 9. Arkansas Code � 20-22-606 is repealed.

4   20-22-606. Arkansas Fire Protection Licensing Board -- Creation --

5 Members.

6   (a)(1) There is created the Arkansas Fire Protection Licensing Board,

7 which shall be composed of eleven (11) members who are residents of the state

8 and who shall be appointed by the Governor for terms of five (5) years. The

9 eleven (11) members shall be constituted as follows:

10                  (A) One (1) member shall be an industrial safety

11 representative;

12                  (B) One (1) member shall be the State Fire Marshal;

13                  (C) One (1) member shall be a representative of a state

14 association of fire chiefs;

15                  (D) One (1) member shall be a representative of the fire

16 insurance industry;

17                  (E) Two (2) members shall be representatives of large

18 industrial users of fire suppression equipment;

19                  (F) One (1) member shall be a representative of a

20 restaurant association;

21                  (G) Two (2) members shall be active in the installation

22 and servicing of portable fire extinguishers or fixed fire protection

23 systems; and

24                  (H) Two (2) members shall be active in the installation

25 and servicing of fire protection sprinkler systems.

26          (2) Each of the four (4) congressional districts in the state

27 shall be represented by at least one (1) member.

28          (3) Each of the members shall be experienced and knowledgeable

29 in one (1) or more of the following areas:

30                  (A) The installation or servicing of:

31                          (i) Portable fire extinguishers;

32                          (ii) Fixed fire protection systems; and

33                          (iii) Fire protection sprinkler systems;

34                  (B) The manufacturing of fire suppression equipment;

35                  (C) The fire insurance industry;

36                  (D) The use of fire suppression equipment by the food

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1 service industry; or

2                    (E) The provision of fire suppression services by a fire

3 department.

4          (b) Each member may receive expense reimbursement and stipends in

5 accordance with � 25-16-901 et seq.

6          (c)(1) The board may expend moneys as necessary to reimburse the

7 Department of Labor and Licensing for stationery, office supplies,

8 application forms, equipment, and other materials necessary for the board to

9 carry out its duties.

10             (2) The expense reimbursement and stipends authorized by � 25-

11 16-901 et seq. and the expense for necessary office supplies, forms,

12 equipment, and other necessary materials shall be paid from the fees and

13 fines collected by the board.

14         (d)(1) The board shall employ an executive director, chief board

15 investigator, and other staff as necessary whose compensation shall be set by

16 the board.

17             (2) The staff shall be paid from fees and fines collected by the

18 board.

19

20         SECTION 10. Arkansas Code �� 20-22-607 and 20-22-608 are amended to

21 read as follows:

22         20-22-607. Arkansas Fire Protection Licensing Board Arkansas Fire

23 Protection Services Board -- Powers and duties.

24         The Arkansas Fire Protection Licensing Board Arkansas Fire Protection

25 Services Board shall:

26             (1) Formulate and administer policies as may be determined

27 necessary for the protection and preservation of life and property in regard

28 to:

29                   (A) The registration of firms engaging in the business of

30 installing, inspecting, or servicing portable fire extinguishers and of firms

31 engaging or in the business of installing, inspecting, and servicing fixed

32 fire protection systems;

33                   (B) The registration of firms engaging in the business of

34 hydrostatic testing of portable fire extinguishers. However, no person or

35 firm shall be granted a Class A hydrostatic testing certificate until the

36 applicant submits proof satisfactory to the board that the test equipment of

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1 the applicant has been tested and certified by the United States Department

2 of Transportation;

3            (C) The examination and licensure of persons applying for

4 a license to install, inspect, or service portable fire extinguishers and of

5 a person applying for a license to install, inspect, or service fixed fire

6 protection systems;

7            (D) The registration of firms engaging in the business of

8 selling, system layout, installing, servicing, inspecting, or any aspect of

9 fire protection sprinkler systems, including standpipe, fire pumps, and hose

10 systems;

11           (E) The examination and licensure of a person applying for

12 a license as a responsible managing employee for the purpose of fire

13 protection sprinkler system business, including designing, inspecting,

14 installing, system layout, or servicing fire protection sprinkler systems,

15 including standpipe, fire pumps, and hose systems;

16           (F) The examination and licensure of a person applying for

17 a license as a fire protection sprinkler systems inspector for the purpose of

18 servicing or inspecting fire protection sprinkler systems, including

19 standpipe, fire pumps, and hose systems; and

20           (G) The examination and licensure of a person applying for

21 a license as a fire protection sprinkler system sprinkler fitter or

22 apprentice for the purpose of installing, servicing, or placing fire

23 protection sprinkler systems in service, including without limitation

24 standpipe, fire pumps, and hose systems;

25           (2) Establish reasonable qualifications for firms and

26 individuals for the issuance of a certificate of registration or individual

27 license to engage in any aspect of the business of portable fire

28 extinguishers, fixed fire protection systems, or fire protection sprinkler

29 systems;

30           (3) Conduct examinations to ascertain the qualifications and

31 fitness of individual applicants to install or service portable fire

32 extinguishers, install or service fixed fire protection systems, or install,

33 service, inspect, or design fire protection sprinkler systems;

34           (4) Issue certificates of registration for those firms that

35 qualify and individual licenses and permits to individuals that qualify to

36 engage in the business and activity of installing and servicing portable fire

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1 extinguishers, installing and servicing fixed fire protection systems, and

2 designing, installing, inspecting, or servicing fire protection sprinkler

3 systems and issue licenses or permits to those firms and individuals

4 qualifying to perform hydrostatic testing of fire extinguisher cylinders;

5            (5) Evaluate the qualifications of firms seeking approval as

6 testing laboratories for portable fire extinguishers; and

7            (6)(A) Regulate and license as a part of a fire protection

8 sprinkler system the installation, service, and maintenance of a standpipe

9 and hose system as defined under the National Fire Protection Association

10 pamphlet number fourteen (No. 14): Standard for the Installation of Standpipe

11 and Hose Systems.

12                    (B)(i) The installation, service, and maintenance of a

13 standpipe and hose system shall be performed by a licensed fire protection

14 sprinkler contractor. A licensed fire protection sprinkler contractor is not

15 required to perform hydrostatic testing of the standpipe hose, repair of the

16 standpipe hose, or maintenance of the standpipe hose.

17                    (ii) The standpipe and hose system shall be:

18                            (a) Designed, installed, and tested in

19 accordance with the standards adopted in the Rules and Regulations for

20 Sprinkler Systems of the board and in accordance with the applicable National

21 Fire Protection Association pamphlets; and

22                            (b) Designed by an Arkansas-licensed

23 responsible managing employee or a registered professional engineer licensed

24 by the State of Arkansas.

25

26      20-22-608. State Fire Marshal -- Powers and duties.

27      The State Fire Marshal shall advise and assist the Arkansas Fire

28 Protection Licensing Board Arkansas Fire Protection Services Board in the

29 adoption of policies and procedures for the:

30           (1) Effective monitoring of the sale, installation, and

31 servicing of portable fire extinguishers;

32           (2) Sale, installation, and servicing of fixed fire protection

33 systems;

34           (3) Design, installation, inspection, servicing, and maintenance

35 of fire protection sprinkler systems, including standpipe and hose systems;

36 and

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1            (4) Registration and licensing of firms and individuals

2 providing these goods and services.

3

4   SECTION 11. Arkansas Code � 20-22-609(8), concerning prohibited

5 actions by a person in relation to fire extinguishers, is amended to read as

6 follows:

7            (8) Engage in any business or activity licensed or permitted by

8 the Arkansas Fire Protection Licensing Board Arkansas Fire Protection

9 Services Board without maintaining in force at all times a public liability

10 insurance policy, with minimum coverage limits as set by the board, covering

11 the person's operations and completed operations.

12

13  SECTION 12. Arkansas Code � 20-22-610(a), concerning the license,

14 permit, and certificate fees for fire extinguishers, is amended to read as

15 follows:

16  (a) Applications for licenses, permits, and certificates provided for

17 in this section shall be made under policies adopted by the Arkansas Fire

18 Protection Licensing Board Arkansas Fire Protection Services Board and shall

19 be submitted on forms prescribed by the board.

20

21  SECTION 13. Arkansas Code � 20-22-611(a), concerning the license,

22 permit, and certificate qualifications for fire extinguishers, is amended to

23 read as follows:

24  (a) For a license to install or service portable fire extinguishers,

25 for a license to sell, install, or service fixed fire protection systems, or

26 for a license to conduct any fire protection sprinkler system business, a

27 person employed by a certified firm shall obtain a license issued by the

28 Arkansas Fire Protection Licensing Board Arkansas Fire Protection Services

29 Board after:

30           (1) Successful completion of the requirements for licensure

31 under rules of the board; and

32           (2) Payment of fees established under rules of the board.

33

34  SECTION 14. Arkansas Code � 20-22-612 is amended to read as follows:

35  20-22-612. License, permit, or certificate -- Previously engaged

36 persons.

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1   Notwithstanding the provisions of this subchapter, if any person or

2 firm engaged in the business on January 1, 1977, of servicing portable fire

3 extinguishers, installing or servicing fixed fire protection systems, or

4 performing hydrostatic testing of fire extinguishers derived twenty-five

5 percent (25%) or more of the personal or firm income from servicing portable

6 fire extinguishers or installing or servicing fixed fire protection systems

7 or hydrostatic testing of fire extinguishers during the 1976 calendar year,

8 the person or firm shall be registered or issued a license to continue in the

9 business upon payment of the annual registration or license fee prescribed in

10 this subchapter for the particular type of business, if the applicant's

11 qualifications meet those requirements established by the Arkansas Fire

12 Protection Licensing Board Arkansas Fire Protection Services Board.

13

14  SECTION 15. Arkansas Code � 20-22-613(a), concerning limitation of

15 actions for fire extinguishers, is amended to read as follows:

16  (a) No portable fire extinguisher or fixed fire protection system may

17 be sold or installed in this state unless it carries a label of approval of a

18 nationally recognized testing laboratory approved by the Arkansas Fire

19 Protection Licensing Board Arkansas Fire Protection Services Board.

20

21  SECTION 16. Arkansas Code � 20-22-803, concerning membership of the

22 Arkansas Fire Protection Services Board, is amended to add an additional

23 subsection to read as follows:

24  (e)(1) A member who fails to attend regular meetings continuously for

25 one (1) year may be removed from his or her position by a majority vote of

26 the remaining members of the board.

27  (2) Upon removal of a member under subdivision (e)(1) of this

28 section, the position is vacant and shall be filled as provided in subsection

29 (c) of this section.

30

31  SECTION 17. Arkansas Code � 20-22-804(a), concerning the powers and

32 duties of the Arkansas Fire Protection Services Board, is amended to add an

33 additional subdivision to read as follows:

34  (20) Oversee administration of rules and registration concerning

35 fire extinguishers as described in � 20-22-607.

36

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1   SECTION 18. Arkansas Code � 20-22-804(c), concerning revocation of a

2 firefighter's certification, is amended to read as follows:

3   (c)(1) The Arkansas Fire Protection Services Board may:

4                (A) revoke Revoke the certification of any firefighter who

5 has been convicted of a felony under � 17-3-102; and

6                (B) Suspend the certification of a firefighter.

7   (2) Before the Arkansas Fire Protection Services Board revokes

8 or suspends the certification of a firefighter under this subsection, the

9 firefighter may request a hearing in accordance with the Arkansas

10 Administrative Procedure Act, � 25-15-201 et seq.

11  (3)(A) If Except as otherwise provided in subdivision (c)(3)(B)

12 of this section, if the Arkansas Fire Protection Services Board revokes or

13 suspends the firefighter's certification under this subsection, the

14 firefighter may appeal the Arkansas Fire Protection Services Board's decision

15 to the Pulaski County Circuit Court in accordance with the Arkansas

16 Administrative Procedure Act, � 25-15-201 et seq.

17               (B) If a hearing is not requested by the firefighter whose

18 certification is under review for suspension, the decision of the Arkansas

19 Fire Protection Services Board shall be final and is not eligible for appeal

20 as described in subdivision (c)(3)(A) of this section.

21  (4) The Arkansas Fire Training Academy shall be the custodian of

22 all records on the decertification of firefighters under this subsection.

23

24  SECTION 19. Arkansas Code � 25-16-903(22), concerning entities

25 authorized a spending stipend, is repealed.

26  (22) Arkansas Fire Protection Licensing Board;

27

28  SECTION 20. Arkansas Code � 25-43-1102(a)(2), concerning state

29 entities transferred to the Department of Labor and Licensing by a cabinet-

30 level department transfer, is repealed.

31  (2) The Arkansas Fire Protection Licensing Board, created under

32 � 20-22-606;

33

34

35

36

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