NEWS NOTES&CALSAFE

2015 • Vol. 1

OFSM Update

Continued on page 3

Fire Extinguisher CommitteeWe were informed that the “Exchange Package” was set to proceed to public comment shortly. This is the new name of the regulation package that was originally referred to as the “Enforcement Package” over the past few years. It was in 2012 that we first notified you of the wording being developed that would disallow the practice of “exchanges.” The original proposed language included wording addressing exchanges but also added language to the regulations that defined suspension days associated with each of the regulations in Chapter 3. This was to better define the fine in lieu of suspension process, so it became known at that time as the enforcement package. The original proposed language included a new Chapter 12 that was meant to add enforcement language that could be used for the entire program (Extinguishers, Systems, etc.). Chapter 12 was pulled from this package with the intention of adding it to an AES package that was ahead of this package so it could be in regulation sooner than later. It was also subsequently pulled from that package for a variety of reasons. We were told that a separate regulation package for enforcement is being developed that will include the content of Chapter 12.We will notify you more about that package when we are able to see its wording. In the meantime the new “Exchange” package is moving forward and we are awaiting the final version and an announcement of when it will go to public comment. The following is what we show is still a part of the exchange package:New definitions

• Advertise: …that defines every form of print, electronic, broadcast and media. Therefore, anywhere your company name is associated with extinguisher service.

• Conviction: …to be found guilty of any felony, misdemeanor or Administrative offense in any state which includes pleas of non contest.

• Exchange: …the placement of a portable fire extinguisher that has all of the required services, in place of a portable fire extinguisher that requires services.

Wording was added to the Service Vehicle definition so it now starts off, A properly equipped vehicle…The change to 560.5 is one of the major changes. The section will be changed to read “Portable Fire Extinguisher Exchanges”, the wording will be:

Exchanges of portable fire extinguishers as defined in 557.5 are not allowed except when used as a “temporary” service loaner or replaced as descripted in 575.1 and 591.5 respectively.

The practice of charging a customer for annual maintenance, six year maintenace and or hydrostatic testing while replacing the customer’s existing extinguisher needing that service with another extinguisher that is not in need of those services, either because the service has already been done or the service is not yet due, will be considered an exchange and will no longer be legal. It does not prevent the leaving of an extinguisher as a loaner while the customer’s extin-guisher is removed to have those services performed as long as the customer’s original extinguisher is returned within the allowed 60 days. This also does not prevent a reconditioned extinguisher from being sold to the customer as long as the invoice indicates that it was sold as a used or reconditioned extinguisher

President’s Message ....................2

One Very Costly Piece of Equipment! .................................6

Texas Plumber’s Ford Truck Ends Up with Terrorists ...............7

Ask the Expert .............................7

2015 Annual Conference ............8

In This Issue...

Title 19, Fire Extinguisher Study Guide is now on the California State Fire Marshal website as well as the CALSAFE website.Be sure yours is dated October 28, 2014 (NOTE: THERE WERE OTHER OCTOBER 2014 VERSIONS THAT WERE NOT CORRECT, SO CHECK THAT DATE.)This link is http://osfm.fire.ca.gov/strucfireengineer/pdf/fe/FeStudy-Guide.pdf for you to download the current version.

CALSAFE News & Notes • 2

colleague might be all they need to join.While renewing your dues, please add something if possible to assist us in funding our lobbyist.

CERTIFICATIONCALSAFE and Board Members are in the middle of the OSFM “Sprinkler Fitters” certification advisory com-mittee work group and we will continue to update you as news becomes available. This certification will affect your business!

ANNUAL MEETING Please mark your calendars, our CALSAFE Annual Meeting will be Friday 10/2 and Saturday 10/3 in Monterey. We have signed the contract with the Hyatt and we will be playing our golf tournament at the adjacent Del Monte Golf Course. We hope to see all of you there. We are in the process of locking down speakers and finalizing the agenda. Once that is done, it will be sent out to all of you.

CALSAFE WEBSITECALSAFE is in the process of review-ing proposals to overhaul and up-grade our website. This project should be completed in about three months.

OSFM ENFORCEMENTThe CALSAFE Board was asked at our February Board meeting to send ideas to the State Fire Marshal’s office to assist with enforcement for the industry. We have been asked to think outside of the box and come up with some ideas that can put some teeth into the enforcement.

I would like to begin by taking the time to thank Randy Dysart for his service and dedication as President of CALSAFE for the last 8 years. CALSAFE is an organization run by Board Members and Advisory Board Members who volunteer immeasurable hours of their time to make an impact in our industry. The time and dedica-tion by Randy and all other members is done at the expense of each individ-ual that could be spent with their families and business.Thank you Randy and all Board Members for your continued service and dedication to this organization!We are a third of the way towards our 21st year as an organization, and as usual there are many things that are being done behind the scenes to keep the organization on top of the changes.

SB854Our CALSAFE Lobbyist has assisted us in getting the answer from DIR (Department of Industrial Relations) that our portable fire extinguisher service does NOT fall under SB854 and therefore the work does NOT have to be at prevailing wages. We have sent out a CALSAFE ALERT, with the email thread that states this DIR position on portable fire extin-guishers. Make sure you register your company at the DIR website if you are doing any work in the public sector other than portable fire extinguishers.

MEMBERSHIP RENEWAL If you have not yet renewed your dues, please do so. Your dues and membership is what keeps this association strong. I would like to ask all members, to reach out to an industry colleague this year and ask them to join CALSAFE. You as members obviously see the benefit to your company and to the industry and your personal invitation to a

President’s MessageBy Allen QuirkPRESIDENT

Allen QuirkParaclete Fire SafetyBrea, CA(714) 577-5779 | aquirk@calsafe.comSECRETARYEdie WadeBrooks Equipment CompanySanta Fe Springs, CA(562) 944-2070 | ewade@calsafe.comTREASURERDarrell HefleyJorgensen Co.Fresno, CA(559) 268-6241 | dhefley@calsafe.comVICE PRESIDENT (PAST PRESIDENT)Randy DysartJorgensen Co.Rancho Cordova, CA(916) 275-8794 | rdysart@calsafe.comVICE PRESIDENT (PAST PRESIDENT)Mike BrandBrandcoBakersfield, CA(661) 322-6001 | mbrand@calsafe.comVICE PRESIDENT (PAST PRESIDENT)Chris HoilandOrange County Fire ProtectionOrange, CA(714) 974-9025 | choiland@calsafe.com

Officers

Board MembersNORTHERN DIRECTORKim GoldingArrow Fire Protection Co.Fremont, CA(510) 791-1113 | kgolding@calsafe.comCENTRAL DIRECTORPaul CogburnFireguard Extinguisher Services, Inc.San Jose, CA(408) 286-5914 | pcogburn@calsafe.comDIRECTOR-AT-LARGEMichael ReeserSanta Rosa FireSanta Rosa, CA(707) 546-0797 | mreeser@calsafe.comSOUTHERN DIRECTORFrank BarneySheldon Extinguihser CompanyEl Monte, CA(323) 314-1614 | fmbca@roadrunner.comDIRECTOR AT LARGEScott MarxMarx Brothers Fire Extinguisher CompanyLos Angeles, CA(323) 263-6954 | smarx@calsafe.com

CALSAFE News & Notes • 3

rather than being written up as an exchange or as the services that were due on the customer’s owned extin-guisher. The key here is that the customer is aware they are buying a used or reconditioned extinguisher and not thinking they are paying for service of their extinguisher but having it replaced with another.575.1 Under Maintenance and Required Service Intervals this will include specific language that states that exchanges in lieu of maintenance or repair on the original unit are not allowed. It goes on to state that an extinguisher left as a “temporary” replacement shall be labeled as a “Loaner” on the back of its annual maintenance tag. It has to be suitable for the type of hazard being protected and of at least equal rating and size of the extinguisher being taken in for service. A document must be left with the customer stating the reason for their extinguisher being removed, the date, and the serial number of the removed extinguisher, the service company’s name, license number as well as the technician’s name and C of R number. This document must be signed by the customer and the owner’s original extinguisher must be returned within 60 calendar days. Some of this wording is similar to what already appears in section 591.5 under the hydrostatic section and this expanded wording will be repeated in 591.5 as a part of this regulation change since extinguisher exchange would not be allowed in lieu of hydrostatic testing just like it would not be allowed in lieu of maintenace and repair. A change will be made to 575.7 Stored Pressure Water Type Extin-guishers specifying that the internal maintenance will be required at the time of the 5 year hydrostatic test. This will remove the conflict with the exception in 575.3 making it clear that pressure waters are not to be torn down annually.

Section 596 General will have a new point (e) added that will require all dates and pressures on Annual Maintenance Tags, Verification of Service Collars and Hydrostatic Test Labels indicated by a perforation such as is done by a hand punch. It will not be acceptable to simply mark it out with a pen, it must be an actual hole-punch.596.12 will reduce the permissive use for the OSFM Seal of Registration to the annual maintenance tag. It can no longer be used with letterhead, yellow page ads, business cards or truck deals. We don’t know if Article 14 was pulled along with Chapter 12. If it is still in the package it included a section 600 that will state the State Fire Marshal or their designee as well as the local authority have the right to examine or inspect materials, tools and documentations both in the shop and on service vehicles during normal business hours.Section 602 will state that any loca-tion identified in advertisement (remember the new definition) of servicing, charging or testing of portable fire extinguishers would be considered a location that would require a separate license.603 will define fraudulent imperson-ation of a fire department or the state fire marshal’s office. It may include an authorized uniform but also could just be an emblem or insignia. The word-ing is extensive and meant to cover any possible way that the public might get the impression that the company or employee represents the fire department or fire marshal’s office.We have been assured that we will be notified on the final wording of the regulation package before it is posted for public comment. As soon as we know what it includes and what it doesn’t, we will pass it on to you. Keep an eye on the website.

Systems Committee: The systems committee’s main focus is developing language for a systems certification program. The committee after much debate sent a recommenda-tion to Chief Hoover to develop a certification program for service and installation of all of the systems in Chapter 5. This would include wet pipe, dry pipe, standpipe, fire pumps etc, as well as engineered and pre- engineered systems. Chief Hoover assigned a workgroup of 13 stake holders including, the fire service, representatives from ASFA, NSFA, CALSAFE, the Sprinkler Fitters union, the union’s apprenticeship program, fire service and union and nonunion contractors. The first meeting was establishing basics by which the workgroup will develop its recommen-dation. It is too early to tell what direction it will take but there seems to be a consensus that certification for the different types of systems should have different requirements for its certifica-tion. The Chief is looking for a recom-mendation of a phased-in approach with Fire Sprinkler installation needing to be included in the initial phase. CALSAFE is represented on the workgroup and we will provide further information as the process progresses.We were told in the AES advisory committee that the publishing of the new NFPA25 California Edition is still not scheduled. We have been told that there are issues that are being worked through between NFPA and the OFSM before it can be published. No date as yet, however we are assured it is being worked on and they will expedite as fast as they can. In the meantime we are subject to the new regulations. You should have a copy of NPFA25 2011 edition along with the California amendments that are a part of the new Chapter 5 AES laws available on the OSFM website.

OFSM UpdateContinued from page 1

OFSM Update (continued)

CALSAFE News & Notes • 4

We have all heard its coming, it’s here, it’s there. It sounds like a bad deal, it’s not so bad. Where in lies the truth. Here is what we know, there are only a few vendors offering this to fire departments. We know that the Compliance Engine a product of Brycer Company is currently used by four AHJ’s Kings: County Fire Depart-ment, Merced Fire Department, Squaw Valley Fire Department and Sunnyvale Department of Public Safety. Brycer announced at the NAFED conference in Las Vegas that they have also signed up LA City Fire Department. While Brycer is not the only vendor they seem to be spreading throughout California. The purpose of these 3rd party reporting companies is to provide a means to document services being performed in those jurisdictions and managing those required services and follow ups.There is no sign up fee for a contrac-tor to register with Brycer in the jurisdictions currently using the system. We have not had a report about the LA City Fire launch to know if it will operate any differently. Since it is tied in with the LA Reg 4 program it may have a different portal and different rules. Once registered the contractor is able to see the AHJ’s who are signed up and what their fee structure is for submitting reports. From what we have experienced so far Brycer’s fee structure is to charge a submittal fee for service reports submitted per property per system. They state on their website that if a location has several risers that are submitted as one location one report there would be a single fee. Likewise if that single location is posting 3 quarterly reports and 1 annual report during the year it is still a single fee. Different systems however would

On the AHJ Front

require separate fees. If a location has a wet pipe system and a standpipe system that are supported by a fire pump, you essentially have three submittals to report for which it would require three fees for the year. It appears most are allowing a Dry, Wet, Preaction/Deluge, and Foam system to be combined to represent a single submittal. Kitchen systems however require a fee for each semi-annual report. Each AHJ has a page that reflects their fee structure which is scheduled by the type of system and the required submittals. The types of systems may vary between AHJ’s so it is important to review their schedule to see what they are set up for. So far in the four that are set up with Brycer, fire extinguish-ers are not included. We do not know yet about LA City, as we get more information we will let you know. The submittal process for Brycer is straight forward.

• You log into their site • Proceed to the Enter Inspection

Report• Enter the address and as you do

the address in the system will begin to show. The more of the address you enter the narrower the list will filter down. When you find the address you are reporting on, you can click on that site to have the field’s auto populate.

• The premises information will then display.

• You select which of your inspectors performed the service that is from a list you provided when you registered.

• You enter the date of the service or use their calendar function.

• You choose the system type, which is a generic list of systems created from that AHJ’s schedule not a specific list of systems that are at that location. This cannot be used to determine what types of systems any particular business has.

• You then have the choice of entering your inspection data on a form template they have on the website or attach a pdf copy of your report.

• You then are asked if there are any deficiencies or issues listed.

• You then have to type in or copy and paste any problems found or comments entered on the report.

All of this depending on the number of problems or comments can take a minute or so. It is on this same site that you can monitor what the AHJ is doing about an out of compliance situation. Brycer’s opinion is that this will help the Fire Department to be more responsive and bring more business to the contractor because the AHJ will be following up requiring com-pliance more quickly and with greater efficiency.There are other vendors that are offer-ing this 3rd party reporting and we have heard some of their programs are similar to very different. If you have experience with one of the other programs out there please send us an update on how they work.

What Is 3rd Party Reporting and How Will It Impact Me?

CALSAFE News & Notes • 5

Do I Need To Be Worried About SB854 ?

From the Web

Did you see this slider on the CALSFE Website? It asked “Are You Ready To Pay a $2,000 Fine….”When you clicked on the <read more> link it uploaded a copy of the CALSAFE Alert we sent out the first of February. The alert made you aware of a bill SB854 that was passed and signed into law in 2014. It created several new require-ments that will have a dramatic impact on many of our businesses. It set up among other things a requirement that any contractor who would bid on or perform work for a public works project be registered with the Department of Indus-trial Relations (DIR). In the Alert we advised you that the DIR is not just requiring those who have a contractor’s license with the Contractor’s State Licensing Board (CSLB) to be registered but any company who will bid on a project over $1,000 for an entity that receives public money. We know that schools, municipalities, state agencies are examples of such entities but if you have worked with public works projects you know the list is much more extensive than that. This registration requirement is for those who might be installing a system as well as those who will be bidding on maintenace or repair. Another new requirement of this law is that the awarded contractor must submit certified payroll directly to the DIR in addition to submitting it to the public works entity. This is to be done by uploading a pdf of that report on their website. This adds a second layer of reporting and doesn’t let the contractor off the hook if the public entity or the general contractor doesn’t follow up on their responsibility to collect that certified payroll. This will also give the DIR the ability to monitor things like the relationship of apprentice to journeyman requirements that are currently in law.When we first sent out this alert we made a statement that it was unclear at that point if this would include fire extin-guisher installation and maintenance because of the lack of clarity with the wording and presentation of the program. CALSAFE worked very quickly to secure a definitive answer and through the help of our lobbyist firm we were able to get a direct answer that portable fire extinguishers would not be subject to the SB854 requirements of registering and subsequently the prevailing wage requirements of this law. We sent you out a follow up with a page you could print out and a copy of the emails from the DIR stating this.You can also download a copy of this from our website, look for this slider:

There are still other questions to resolve such as if you are in the systems business, will the maintenance of a system that does not include the actual turning of a wrench be excluded from the prevailing wage component of this process. We will keep you informed as we gather more information. Remember that the fines for even bidding on a prevailing wage project when you are not registered with the DIR could be $2,000 so if you are a systems service or install company, register ASAP if you have not done so already.

CALSAFE News & Notes • 6

I had a retirement-age gentleman approach me at an industry confer-ence I was speaking at a few months ago with a rather unusual question. He explained that he was not actually in the business yet, but was in the process of purchasing a fire equip-ment service company for his two sons to operate. He asked a number of questions about staffing, compensation, sales, marketing and vendor relationships and one I thought was a bit unusual. “Bruce, what would you say is the typical fire equipment company’s most costly piece of equipment?” I was fairly sure that the man was probably thinking my answer would likely be in the area of vehicle fleet, computer system, hydrostatic testing equipment or something along those lines. After a moment of thought, I gave him an answer that I know caught him completely off guard. “John, I would have to say that by far-and-away the most costly piece of equipment in most fire equipment companies is the fax machine,” I responded. “The fax machine? Oh no, no, Bruce.What I mean is the piece of equip-ment that costs fire protection companies the most money,” he clarified. “Yea John, I understand what you’re asking...but my answer is still THE FAX MACHINE!,” I responded, and then proceeded to explain.I am afraid that the fax machine is an incredibly costly piece of equipment in all-too-many fire equipment companies across the land. Not costly in terms of its initial purchase price mind you, but rather in terms of the huge amount of money that this innocent piece of office equipment can cost in lost sales dollars each year!

One Very Costly Piece of Equipment! By Bruce Carter

Understand that the problem is certainly not in the machine itself. The fax machine is actually a wonder-ful modern day convenience that allows the user to transport docu-ments and information almost instan-taneously by simply pressing a few buttons right from the convenience of their office. Again, the problem with the fax machine is not the machine itself, but rather with the sales people who abuse it! You see, there has been a quality that I’ve observe among some (certainly not all, but some) fire protection salespeople at times—it is called laziness. Many modern sales people have gotten away from “the old fashioned” approach to selling products and services and instead have opted for newer, less stressful and much easier methods. Rather than taking the time to actually make face-to-face sales presentations like their father’s did, some of today’s modern reps simply make a single site visit, gather the necessary infor-mation, then conveniently fax a priced proposal to the prospective buyer for his eventual consideration. My mentor in the sales game (who just happened to be my boss in the early 90’s) was the world’s number one motivational speaker, Zig Ziglar. I have heard Zig say countless times to audiences around the globe that, “The most important part of the sales process…is the sales PERSON.” Far too many of today’s sales reps take “the most important part of the sales process” that of actually verbally presenting a compelling reason why the prospect should buy, and reduce it to a number at the bottom of a faxed document.

Now I must say, that if the sales rep is successful in slashing his price to the bare-bone minimum, the prospect may just be sufficiently motivated to buy. But what if the price quoted is NOT the rock-bottom lowest one among three or four competitive quotes? Unfortunately, the result is usually a big NO SALE. Ironically, all of the time that the sales rep thought that he was saving by faxing his proposal to the prospect, is wasted. In fact, 100% of the time and effort the rep invested in the sale—from the initial meeting, the site survey, and the crunching of the numbers— was all wasted. I often ask seminar attendees, “How much commission do you earn on the sales you ALMOST make?” The answer seems always to be unanimous. Zippo.As I travel the US and Canada presenting sales training seminars to the fire equipment industry, one of the many pieces of basic sales advice I give reps is to go that critical extra mile in the sales process by unplug-ging the fax machine. Make those sales presentations the “old fash-ioned” and most effective way…face-to-face with the buyer. Both you and your prospective customers will be glad that you did!

CALSAFE News & Notes • 7

Good thing we remove the decals from our vehicles

Texas Plumber’s Ford Truck Ends Up with TerroristsBold RideBy Zach Doell December 17, 2014 8:30 AMWhen Texas plumber Mark Oberholtzer traded in his black Ford F-250 pickup truck, he expected it would live a second life in the hands of new owners, but probably not these owners. Oberholtzer’s Texas City plumbing company, Mark-1 Plumbing, has been inundated with threats after a photo of his old Ford work truck appeared on a terrorist Twitter feed, equipped with an anti-aircraft gun in the bed and still bearing the company logo on the door.According to Houston’s KHOU, Oberholtzer traded in the F-250 to an AutoNation Ford dealership in Houston last November, but accidentally forgot to remove his business’ decals. A representative at the dealership said the truck immediately went up for auction, and most likely exchanged hands many times before ending up on the front lines of Syria’s civil war, piloted by terrorist fighters. To think something we would use to pull trailers, now is being used for terror, it’s crazy,” notes Jeff Oberholtzer, Mark’s son. “Never in my lifetime would I think something like that.”The company began receiving threatening calls earlier this week from people all across the country that assumed the small town business was aiding and abetting terror. “We have nothing to do with terror at all,” commented Oberholtzer.

Ask the Expert

CALSAFE News & Notes • 8

• Interact with CALSAFE mentors

• Participate in $20,000 Dice Roll

• 2 Vendor Receptions

• Excellent and Relevant Speakers

• Saturday Lunch

• Saturday General Session

SAVE THE DATE! October 2-3, 2015Annual Conference is returning to Monterey

Hyatt Regency MontereyMake your reservations prior to September 11, 2015 to receive discounted pricing of $189.Reserve early: https://resweb.passkey.com/go/calsafe

14th Annual Golf TournamentFriday, October 2, 2015Del Monte Golf Course (adjacent to the Hyatt Regency)