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Laws & Rules

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Please be aware that these regulations are currently under review and revision and may not be current. If you have any questions regarding any of the information herein regarding Licensing by this office, please call 1-800-256-5452 and ask for the Licensing Division for clarification.


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CURRENT Life Safety and Property Protection Laws and Regulations

RS 40:1646 Inspection of Life Safety Systems Law

§1646. State fire marshal; owners; life safety systems and equipment inspections

A. The fire marshal is authorized to cause the inspection and testing of all life safety systems and equipment in the state, whether in public or private buildings, during installation or immediately after installation to determine compliance with applicable standards.

B. The owner of any building containing a life safety system and equipment shall cause at a minimum an annual inspection to be made of the life safety system and equipment in that building to assure compliance with applicable safety standards and to determine whether structural changes in the building or in the contents of the building mandate alteration of a system.

C. Life safety systems and equipment includes but is not limited to fire sprinkler, fire alarm, fire suppression, special locking systems and equipment, and portable fire extinguishers.

Acts 1991, No. 664, §1; Acts 2006, No. 307, §2, eff. Jan. 1, 2007.

RS 40:1664 Life Safety and Property Protection Licensing Law

§1664.1.  Short title

This Subpart shall be known as and may be cited as the "Life Safety and Property Protection Licensing Act".

Acts 2006, No. 307, §2, eff. Jan. 1, 2007.

 

§1664.2.  Purpose; administration and enforcement

A.  The purpose of this Subpart is to regulate the certifying, inspecting, installation, integrating, selling, and servicing of life safety and property protection systems and equipment and to prohibit the use of life safety and property protection systems and equipment which are not properly labeled in accordance with the rules adopted by the state fire marshal in the interest of safeguarding lives and property.

B.  The state fire marshal shall administer and enforce the provisions of this Subpart and may issue rules and regulations which he considers necessary to such administration and enforcement pursuant to the Administrative Procedure Act.  In formulating necessary rules and regulations, the state fire marshal may use recognized standards, including those of the National Fire Protection Association, those recognized by federal law or regulation, those published by nationally recognized standards-making organizations, those industry standards established by accepted practices or trade associations, or those contained in manufacturers' installation manuals.

C.  The state fire marshal shall have the authority to charge and collect such fees as provided for in this Subpart.

D.  The Louisiana Life Safety and Property Protection Advisory Board shall advise the state fire marshal with respect to administration and enforcement of the provisions of this Subpart and shall exercise those functions specified in this Subpart.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.3.  Definitions

As used in this Subpart, the following terms shall have the meanings specified in this Section:

(1)  "Apprentice" means a person who is licensed to work under the direct supervision and accompaniment of a technician who is licensed to the same firm and holding a valid license to perform the same acts.

(2)  "Bank-locking specialist" means an individual licensed to certify, inspect, install, integrate, sell, and service mechanical or electronic locks within the confines of a bank, credit union, or other financial institution.

(2.1)  "Bank-locking system" means locking systems and equipment within a financial institution.  The term includes but is not limited to safes, vaults, time locks, safety deposit box locks, combination and electronic locks, key operated locks, teller under counter equipment, master key systems, interchangeable cores, cash dispensers, drive-up systems, money tubes, and other commercial bank furnishings.  The scope of work includes selling, installing, and servicing these systems and equipment.  Bank-locking systems are a subclassification of locksmith. The term does not include special locking or security systems and equipment as defined in this Subpart.

(3)  "Board" means the Louisiana Life Safety and Property Protection Advisory Board.

(3.1)  "Builders' hardware" or "architectural hardware" or "door hardware" means stand alone electro/mechanical locks, latches, exit hardware, closures, and hinges mounted onto doors intended to operate and secure the door properly.  The term does not include special locking systems.

(4)  "Certify" means to attest to the proper functionality, inspection, installation, integration, and service of life safety and property protection systems and equipment in accordance with all applicable engineered specifications, manufacturer's specifications, submitted plans and per the inspection, testing, and maintenance chapters as set forth in the applicable NFPA codes and standards.

(5)  "Closed circuit television alarm specialist" means an individual licensed to certify, inspect, install, integrate, sell, and service closed circuit television alarm systems.

(6)  "Closed circuit television alarm system" means a system that provides video surveillance of events, primarily by means of transmission, recording, or transmission and recording of visual signals through the use of cameras, receivers, monitors, computer, and other visual imaging systems.  Closed circuit television alarm systems are a subclassification of security.

(7)  "Designated agent" means an owner or a manager of an alarm contracting company or single station fire alarm contracting company, a locksmithing services company, or closed circuit television alarm system contracting company who has been assigned the responsibility of submitting any notice required by this Subpart to the state fire marshal.

(8)  "Detention locking specialist" means an individual licensed to certify, inspect, install, integrate, and service locks and locking systems within the confines of a penal institution only.

(8.1)  "Detention locking system" means locking systems and equipment within a penal institution.  The term includes but is not limited to doors, frames, high security locking, and commercial locking systems.  The term also includes locks of various types including pin tumbler-standard and mogul types, lever and wafer tumbler mechanical locks, electromechanical, full electronic, and pneumatic controlled locks.  Detention locking systems are a subclassification of locksmith.  The term does not include special locking, security, or closed circuit television alarm systems and equipment as defined in this Subpart.

(9)  "Direct supervision" means oversight of a firm's operations by a qualifier or onsite supervision by a licensed technician or specialist of an apprentice or consultant.  The technician or specialist can supervise an apprentice or consultant only in areas he is licensed to perform.  Both the technician and apprentice must be licensed to the same firm.

(10)  "Door hardware specialist" means an individual who consults and provides technical advice regarding builders' hardware, architectural hardware, or door hardware.

(11)  "DOT" means the United States Department of Transportation.

(12)  "DOT hydrostatic testing specialist" means an individual licensed to certify, inspect, and service fire protection cylinders by approved hydrostatic methods and in accordance with NFPA codes and the United States Department of Transportation.

(13)  "Employee" means a person who performs services for wages or salary and receives a W-2 tax form from his employer.

(14)  "Engineered fire suppression system" means fire suppression systems individually integrated or altered in accordance with nationally recognized fire protection system design standards and manufacturer's guidelines.

(15)  "Fire detection and alarm systems" means those assemblies of wiring, electronic transmitting devices, detection devices, and related equipment for the detection of products of combustion or flammable gases, heat and for alerting occupants, including fire department personnel, of a fire emergency.

(16)  "Fire detection and alarm system owner specialist" means an individual who is employed by the owner of a fire detection and alarm system and who is licensed only to perform routine inspection and minor service and repair of fire detection and alarm systems within his employer facilities.

(17)  "Fire detection and alarm system specialist" means an individual licensed to certify, inspect, install, integrate, and service nonrequired fire detection and alarm systems.

(18)  "Fire detection and alarm system technician" means an individual licensed to certify, inspect, install, integrate, and service both required and nonrequired fire detection and alarm systems.

(19)  "Fire hose" means a flexible conduit used to convey water.

(20)  "Fire protection systems and equipment" means those life safety and property loss systems, whether commercial or residential, intended to protect a structure's occupants or property from the risk and dangers of fire or explosion.  Fire protection systems and equipment include but are not limited to portable fire extinguishers, fire detection and alarm systems, fire suppression systems, fire hoses, kitchen hood, and duct installation and cleaning.  However, the term "fire protection system and equipment" shall not include a single station smoke or heat detector installed in a private residence by a fire department, the state fire marshal, a public agency, a volunteer association, or their designated representatives where no compensation is received for such installation.

(21)  "Fire sprinkler systems and equipment" means those life safety systems intended to protect a structure's occupants or property from the risk and dangers of fire or explosion.  Fire sprinkler systems and equipment include but are not limited to water-based fire protection systems, fire pumps, standpipe systems, and hose stations.

(22)  "Fire sprinkler systems and equipment inspector" means an individual licensed to certify and inspect water-based fire protection systems, fire pumps, standpipe systems, fire hoses, and hose stations.

(23)  "Firm" means a sole proprietorship, partnership, corporation, limited liability company, or any other entity.

(24)  "Firm license" means that document authorizing a firm to perform life safety and property protection contracting for those endorsements held.

(25)  "Fixed fire suppression systems" means those assemblies of piping, conduits, or containers that convey liquid, powder, or gases to dispersal openings or devices protecting one or more hazards by suppressing or extinguishing fires, but shall not include fire sprinkler systems, as defined in this Subpart.

(26)  "Fixed fire suppression systems technician" means an individual licensed to certify, inspect, install, integrate, and service fixed fire suppression systems.

(27)  "General endorsement" means a broad category of license authorizing its holder to perform multiple aspects of life safety and property protection contracting.

(28)  "Household fire warning system" means a fire alarm, fire alarm system, or portion of such an alarm or system intended to detect or warn of smoke or fire and intended for use in a residential one- or two-family dwelling or wholly within the confines of an individual living unit in a residential multifamily structure.  Household fire warning systems are a subclassification of security.

(29)  "Household fire warning system specialist" means an individual licensed to certify, inspect, install, integrate, and service household fire warning systems.

(30)  "DOT hydrostatic testing" means pressure testing fire protection cylinders by approved hydrostatic methods and in accordance with NFPA codes and the U.S. Department of Transportation.

(31)  "Individual license" means that document authorizing an individual to perform life safety and property protection contracting for those endorsements held.

(32)  "Inspect" means a visual examination of life safety and property protection systems or equipment to verify that it appears to be in operating condition and is free of physical damage.

(33)  "Install" means the initial placement of life safety and property protection systems or equipment or an extension of such after initial placement.

(34)  "Integrate" means the act of utilizing accepted and approved life safety and property protection systems or equipment and components in accordance with manufacturers' direction to develop a unified and functioning system meeting applicable NFPA codes and standards.

(35)  "Intrusion alarm" or "intrusion alarm system" means an alarm, alarm system, or portion of such an alarm or system intended to detect an unauthorized entry or other emergency, not including a fire, in a structure.

(36)  "Kitchen suppression specialist" means an individual licensed to certify, inspect, install, integrate, and service pre-engineered fire suppression systems protecting kitchen appliances.

(37)  "Life safety and property protection contracting" means performing certification, inspection, installation, integration, sale, or service of systems and equipment designed to protect life and property.  Life safety and property protection systems and equipment include but is not limited to mechanical or electronic locks, special locking systems and equipment, security systems and equipment, fire sprinkler systems and equipment, fire detection and alarm systems and equipment, fire suppression systems and equipment, and portable fire extinguishers, and fire hoses.  Life safety and property protection contracting includes but is not limited to the sale, lease, rent, planning with the intent to prewire, prewiring, hydrostatic testing, maintenance, repair, testing, modification, improvement, or alteration of life safety systems and equipment; holding oneself or one's firm out for hire to perform any such task; or otherwise offering to perform any such task for compensation, either directly or indirectly.  Notwithstanding any other provision of this Subpart, no person licensed under this Subpart may install primary power sources of one hundred volts or greater when such power source is being installed to operate low voltage systems unless licensed by the State Licensing Board for Contractors to perform such installations.

(38)  Repealed by Acts 2010, No. 984, §2.

(39)  "Locksmith technician" means an individual who sells, repairs, rebuilds, recodes, services, adjusts, installs, manipulates, or bypasses a special locking system, mechanical locking device or electronic locking devices for controlled access or egress to premises, safes, vaults, safe doors, lock boxes, automatic teller machines, or other devices for safeguarding areas or certifies, inspects, installs, integrates, sells and services closed circuit television alarm systems.

(40)  "Mechanical locks" means a mechanical device or door hardware intended to control access or egress to or from a structure or area.

(41)  "NFPA" means the National Fire Protection Association.

(42)  "Officer" means the president, vice president, secretary, treasurer, comptroller, or any other person who performs functions for a life safety and property protection contracting firm corresponding to those performed by those officers.

(43)  "Operating location" means a physical address that houses an entity that performs life safety and property protection contracting.  All business records including but not limited to payroll records, sales invoices, inspection reports, and service records shall be maintained at the operating location.  The operating location shall be open during normal business hours for the inspection of records.  The use of a storage facility, telephone answering service, or post office box shall not constitute a location for purposes of this Subpart.

(44)  "Person" means a natural person or individual.

(45)  "Portable fire extinguisher" means any portable device that contains liquid, powder, or gases for suppressing or extinguishing fires.

(46)  "Portable fire extinguisher and fire hose technician" means an individual licensed to certify, inspect, install, and service portable fire extinguishers and fire hoses.

(47)  "Pre-engineered fire suppression specialist" means an individual licensed to certify, inspect, install, integrate, and service pre-engineered fire suppression systems.

(48)  "Pre-engineered fire suppression system" means packaged fire suppression systems which consist of system components intended to be installed according to pre-tested limitations as approved or listed by a testing laboratory.

(49)  "Principal" means a person or entity that has a controlling interest of a life safety and property protection firm regardless of the form of organization. "Principal" includes a person or entity entitled to exercise the prerogatives or indicia of ownership or control of a property protection firm whether by direct action, assignment, or any other kind of substitution or subrogation.

(50)  "Property protection systems and equipment" means those life safety and property protection systems intended to protect lives and property from the risk of theft, unauthorized entry, or other physical harm to a structure's occupants or property.  Property protection systems and equipment include, but are not limited to intrusion alarms, closed circuit television, mechanical locks, and electronic locks.

(51)  "Qualifier" means a person who possesses the appropriate training or experience credentials enabling a firm to obtain a life safety and property protection license.  A qualifier shall be a paid employee of the firm for which he qualifies and works a minimum of thirty-two hours per week.  A qualifier shall be actively involved in overseeing the life safety and property protection contracting for the firm for which he qualifies.  An individual may only qualify one firm.

(52)  "Security sales specialist" means an individual licensed to sell or specify security systems and equipment.

(53)  "Security systems and equipment" means those life safety and property protection systems intended to protect lives and property from the risk of theft, unauthorized entry, or other physical harm to a structure's occupants or property.  Security systems and equipment include but are not limited to intrusion alarms, closed circuit television, household fire alarm, and special locking systems.

(54)  "Security technician" means an individual licensed to certify, inspect, install, integrate, sell, and service security systems and equipment or special locking systems.

(55)  "Sell" means to solicit another on behalf of a property protection firm by any means, including but not limited to telephone or electronic device, public notice or advertisement, door-to-door or any other type of personal interaction.  The term includes designing property protection systems.

(56)  "Service" means to repair or maintain.

(57)  "Specialist" means an individual who is trained and certified to perform life safety and property protection contracting within a specific limited endorsement.

(57.1)  "Special locking specialist" means an individual who certifies, designs, inspects, installs, integrates, sells, or services a special locking system protecting a controlled access area or egress to premises.

(58)  "Special locking systems" means an electro-mechanical lock, electronic lock, or electronic locking arrangement intended to control access or egress to a structure or area.

(59)  "Specialty endorsement" means a narrow category of license authorizing its holder to perform only one aspect of life safety and property protection contracting.

(59.1)  "State fire marshal" means the Department of Public Safety and Corrections, office of state fire marshal, code enforcement and building safety, and its authorized representatives empowered to enforce the provisions of this Subpart.

(60)  "Technical endorsement" means a broad category of license authorizing its holder to perform multiple aspects of life safety and property protection contracting within a certain endorsement.

(61)  "Technician" means an individual who is trained and certified to perform life safety and property protection contracting within a technical endorsement.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §§1, 2.

 

§1664.4.  License required

A.  No person or firm shall engage in life safety and property protection contracting without holding a current and valid license issued by the state fire marshal as provided in this Subpart.  Each operating location of a firm shall hold a separate firm license.

B.  No person or company shall aid, abet, facilitate, or otherwise assist any unlicensed person or firm in engaging in life safety and property protection contracting as defined in this Subpart when such person or firm knew or should have known that the person or firm assisted was unlicensed.

C.  The state fire marshal may, by rule, license the owner of a life safety and property protection system or equipment and an employee of the owner to allow such employee to perform routine inspections and minor service and repairs of the life safety systems or equipment solely within the facilities of the owner.  The owner shall document such service or repair and assume responsibility for all such service or repair.  Such employee shall not engage in certifying, installing, or integrating such systems or equipment.

D.  Each person who acts as an apprentice performing life safety and property protection contracting shall apply to the state fire marshal for an apprentice license.  The state fire marshal shall establish the qualifications of an apprentice by rule.  An apprentice may perform such services only under the direct supervision of a technician holding a valid license pursuant to this Subpart who works for the same firm as the apprentice.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.5.  Exemptions to licensure

The requirements for licensure shall not apply to:

(1)  An officer or employee of the United States, this state, or any political subdivision of either, while engaged in the performance of his official duties within the course and scope of his employment with the United States, this state, or any political subdivision of either.  However, no person or entity excepted from licensure pursuant to this Subpart shall engage in the certification, inspection, installation, integration, sale, or service of special locking, fire detection and alarm, fire sprinkler, fire suppression systems, or portable fire extinguishers and fire hoses.

(2)  Any sworn police, fire, or other peace officer or certified medical technician may open any lock or locked motor vehicle while engaged in the performance of his official duties within the course and scope of his employment, provided that he receives no additional compensation for such services.

(3)  Any owner, management firm, or public institution and such person's or entity's employees while such person or entity is certifying, inspecting, installing, integrating, selling, and servicing mechanical locks, intrusion alarm systems, or closed circuit television alarm systems, only on the premises of the owner or public institution during the normal course and scope of his duties.

(4)  A general contractor licensed by the State Licensing Board for Contractors and his direct employees or a building owner and his direct employees performing the installation or removal of complete mechanical lock sets when doing so in the course of residential or commercial new construction or remodeling.

(5)  Any automotive service dealer, lock manufacturer, or manufacturer's employee engaged in servicing, installing, repairing, or rebuilding automotive locks.

(6)  Any employee of a towing service, or an automobile club, while such person is opening automotive locks in the normal course of his duties.

(7)  Any merchant or retail store that is in the business of selling, servicing, or installing intrusion alarms for motor vehicles.  This exception from licensure shall also apply to the employees of the merchant or retail store but only as to work performed by them on behalf of the exempted employer.

(8)  Any merchant or retail store that is in the business of selling intrusion alarm systems or closed circuit television systems or household fire warning systems at retail to an individual end user for self-installation.  This exception from licensure shall also apply to the employees of the merchant or retail store but only as to work performed by them on behalf of the exempted employer.

(9)  Any merchant or retail store that is in the business of re-coding new locks on the retail premises only or duplicating keys, except for those keys which are proprietary and those marked "do not duplicate" or "master key".  This exception from licensure shall also apply to the employees of the merchant or retail store but only as to work performed by them on behalf of the exempted employer.

(10)  Any manufacturer, and his employee or representative, who acts as a consultant to a licensed firm in the certifying, inspecting, installation, integrating, selling, and servicing of life safety and property protection systems regulated by this Subpart while under the direct supervision of the licensed firm.

(11)  Any gate manufacturer or merchant that is in the business of installing, servicing, repairing, rebuilding, reprogramming, or maintaining electronic garage door devices.  This exception from licensure shall also apply to the employees of the manufacturer or merchant but only as to work performed by them on behalf of the exempted employer.

(12)  A firm or person licensed to perform electrical work by the State Licensing Board for Contractors pursuant to R.S. 37:2156.1 and 2156.2 which installs wire, conduit, or other wire raceways, its associated boxes or fittings, or installs fire alarm initiating and notification devices or intrusion alarm systems or closed circuit television systems or special locking systems in either commercial or residential property.  This exception from licensure shall also apply to the employees of a firm or person exempted by this Subpart, but only as to work performed by them on behalf of the exempted employer.

(13)  A mechanical contractor licensed by the State Licensing Board for Contractors and holding a statewide mechanical work license classification issued by that board or, where applicable, a plumber licensed by the State Plumbing Board who only certifies, inspects, installs, and services water supply piping supplying sprinkler systems, stand pipe, and hose station systems, or fire pumps.

(14)  A mechanical contractor licensed by the State Licensing Board for Contractors and holding a statewide mechanical work license classification issued by that board or, where applicable, a plumber licensed by the State Plumbing Board who only installs piping within a fixed fire suppression system.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.6.  Application for a firm license; requirements to maintain

A.  In order to engage in life safety and property protection contracting, a firm shall apply for and obtain a license for each operating location doing business in the state and the firm must apply for each discipline for which it shall perform life safety and property protection contracting.

B.  An applicant for a firm license shall submit the following to the state fire marshal:

(1)  A completed firm application.

(2)  Documentation that the firm is an entity duly authorized to conduct business within this state.  If the firm is physically located in Louisiana, documentation shall be in the form of a local or parish occupational license and if incorporated, registration with the secretary of state.  If the firm is physically located outside of the state, documentation shall be in the form of registration with the secretary of state as a foreign corporation including the name of the firm's registered agent of service.

(3)  An original certificate of insurance documenting that the firm has a minimum of five hundred thousand dollars general liability coverage.

(4)  An original certificate of insurance documenting that the firm has a current and valid worker's compensation insurance policy as required by state law.

(5)  The name of the person who will serve as the designated agent of the company.

(6)  Proof of employment of a qualifying individual with the proper certification and training at each of its operating locations for each endorsement held.

(7)  The application fee authorized by this Subpart.

C.  A firm holding a property protection endorsement must be located within the physical boundaries of the state.

D.  A firm holding a security endorsement must provide the name of each firm providing monitoring services.

E.  Each firm as a condition of licensure shall be open for inspection by the state fire marshal or his designated representative at any reasonable time for the purpose of observation and collection of facts and data relating to proper enforcement of this Subpart.  No person acting on behalf of the firm shall refuse to admit the state fire marshal or his designated representative to an operating location.  Firms physically located outside of Louisiana may be charged for the travel expenses of the state fire marshal to conduct such an inspection.

F.  As a further condition of licensure, the acceptance of a license by a firm shall be deemed as consent to submit to the reasonable requests for documentation by the office of the state fire marshal, code enforcement and building safety, or his designated representatives and to cooperate in a lawful investigation by the office of the state fire marshal, code enforcement and building safety.  Refusal to cooperate with any lawful investigation by the office of the state fire marshal, code enforcement and building safety, shall be subject to any penalty as outlined in this Section, including suspension or revocation of license.

G.  Each firm shall clearly display its license in a conspicuous location at its place of business.

H.  The designated agent of a life safety and property protection firm shall notify the state fire marshal within ten days of the following:

(1)  Any change in the business address of the firm.

(2)  Any change in ownership of or interest in the firm.

(3)  Any change in the employment of a person holding an individual license.

(4)  For firms with a property protection endorsement, any owner, partner, or other principal with an interest in the firm who has been convicted of a felony or entered a plea of guilty or nolo contendere to a felony charge or received a first-time offender pardon.  A felony that has been dismissed pursuant to Code of Criminal Procedure Article 893 or equivalent judicial dismissal shall not apply to this Paragraph.

(5)  For firms with a security endorsement only, a change of the firm providing monitoring services.

I.  No life safety and property protection firm shall contract for the independent services of a holder of an individual license under this Section.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2010, No. 984, §1.

 

§1664.7.  Application for an individual license; requirements to maintain

A.  In order to engage in life safety and property protection contracting, an individual shall apply for and obtain a license for each discipline for which he shall perform life safety and property protection contracting.  Such license shall authorize its holder to engage in life safety and property protection contracting for the endorsements listed.  Each individual license holder shall maintain his license on his person while engaging in life safety and property protection contracting.  Each such license holder shall present his license for inspection upon demand by an employee of the office of the state fire marshal, fire department, or a law enforcement officer.

B.  As a further condition of licensure, the acceptance of a license by a firm shall be deemed as consent to submit to the reasonable requests for documentation by the office of the state fire marshal or his designated representatives and to cooperate in a lawful investigation by the office of the state fire marshal.  Any person refusing to cooperate with any lawful investigation by the office of the state fire marshal shall be subject to any penalty as outlined in this Section, including suspension or revocation of license.

C.  Each individual license holder shall notify the state fire marshal, on a form specified and provided by the state fire marshal, within ten days of the following:

(1)  Any change in business or home address.

(2)  Any separation from an employer or change in employer.

(3)  For a person holding a property protection endorsement, any conviction for a felony or entry of a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon.

D.  No individual licensed under this Section shall contract for his services as an independent contractor or agent with any life safety and property protection firm or with any other license holder under this Section.

E.  Meet all certification, continuing education, training, and testing requirements as established by the board.

F.  An individual may act as a temporary apprentice for a thirty-day calendar period commencing on the date the fire marshal receives an application from the applicant.  Applications for property protection endorsements shall be accompanied by a criminal record check of the applicant.  Such license shall expire on the thirtieth calendar day after its commencement or on the date of issuance of an apprentice or technician license, whichever is earlier.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.8.  Criminal background checks

A.  Each principal or officer of a firm holding a property protection endorsement must undergo and pass a criminal background check prior to the firm receiving a license pursuant to this Subpart.

B.  Each person holding a property protection endorsement must undergo and pass a criminal background check prior to receiving a license pursuant to this Subpart, except as provided in R.S. 40:1664.7(E).

C.  No person or officer or principal of a firm applying for a property protection license shall have been convicted of a felony, received a first-time offender pardon for a felony, or entered a plea of guilty or nolo contendere to a felony charge.  A felony that has been dismissed pursuant to Code of Criminal Procedure Article 893 or equivalent judicial dismissal shall not apply to this Subpart.

D.  A conviction or a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon shall not constitute an automatic disqualification as otherwise required pursuant to Subsection C of this Section if ten or more years has elapsed between the date of application and the date of successful completion or service of any sentence, deferred adjudication, or period of probation or parole.

E.  Subsection D of this Section shall not apply to any person convicted of a felony crime of violence specifically enumerated in R.S. 14:2(B), a sex offense as defined in R.S. 15:541 (14.1), with the exception of R.S. 14:92(A)(7) and R.S. 14:80, or a felony offense against property as enumerated in R.S. 14:51 through 62.6.

F.  The office of state fire marshal, code enforcement and building safety, may consider the seriousness and circumstances of the offense and subsequent arrests.

G.  The state fire marshal is authorized to order fingerprint analysis or any other analysis or documents deemed necessary by the state fire marshal for the purpose of verifying the criminal history of a person or named officer or principal of a firm applying for a license.  The state fire marshal shall have the authority to conduct criminal history verification on a local, state, or national level.  All costs for verifying criminal history shall be borne by the applicant.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.9.  Fees; Louisiana Life Safety and Property Protection Trust Fund

A.  The state fire marshal is authorized to assess and collect fees pursuant to this Subpart.  License endorsements are separated into the two general categories of Property Protection and Life Safety.  The Property Protection category is subdivided into the Technical Endorsements of Locksmith, Door Hardware, and Security.  The Life Safety category is subdivided into the Technical Endorsements of Fire Sprinkler, Fire Suppression, Fire Alarm, Portable Fire Extinguishers and Hoses, and DOT Hydrostatic Testing.  Technical endorsements may further be divided into specialty endorsements.  A technical endorsement holder is authorized to perform all life safety and property protection contracting authorized by the specialty endorsements within the specific technical endorsement category.  Specialty endorsement holders are limited to only life safety and property protection contracting authorized by that specialty endorsement.

B.  The amount of licensing fees for a firm shall be as follows:

Initial fee

Renewal fee

(1)(a)  Technical Endorsement-Locksmith

$250

$50

(b)  Specialty Endorsement:

(i)  Bank locking

$250

$50

(ii)  Detention locking

$250

$50

(2)  Technical Endorsement-Door hardware

$250

$50

(3)(a)  Technical Endorsement-Security

$250

$50

(b)  Specialty Endorsement:

(i)  Closed Circuit Television

$250

$50

(ii)  Household fire

$250

$50

(iii)  Special Locking

$250

$50

(4)  Technical Endorsement-Fire Sprinkler

$500

$250

(5)(a)  Technical Endorsement-

$350

$100

Fixed Fire Suppression

(b)  Specialty Endorsement:

(i)  Pre-engineered

$350

$100

(ii)  Kitchen suppression

$350

$50

(6)(a)  Technical Endorsement-Fire Alarm

$350

$100

(b)  Specialty Endorsement:

(i)  Fire alarm (Non-required)

$350

$50

(ii)  Fire alarm owner

$350

$50

(7)  Technical Endorsement-

$350

$150

Portable Fire Extinguishers/Hoses

(8)  Technical Endorsement-

$350

$50

DOT hydrostatic testing

C.  The amount of licensing fees for a person shall be as follows:

Initial fee

Renewal fee

(1)(a)  Technical Endorsement-Locksmith

$100

$50

(b)  Specialty Endorsement:

(i)  Bank locking

$100

$50

(ii)  Detention locking

$100

$50

(2)  Technical Endorsement-Door hardware specialist

$100

$50

(3)(a)  Technical Endorsement-Security

$100

$50

(b)  Specialty Endorsement:

(i)  Closed Circuit Television

$100

$50

(ii)  Household fire

$100

$50

(iii)  Security sales

$100

$50

(iv)  Special Locking

$100

$50

(4)  Technical Endorsement-

$100

$50

Fire Sprinkler Qualifier

(5)  Technical Endorsement-

$100

$50

Fire Sprinkler Inspector

(6)(a)  Technical Endorsement-

$50

$50

Fixed Fire Suppression

(b)  Specialty Endorsement:

(i)  Pre-engineered

$50

$50

(ii)  Kitchen suppression

$50

$50

(7)(a)  Technical Endorsement-Fire Alarm

$50

$50

(b)  Specialty Endorsement:

(i)  Fire alarm (Non-required)

$50

$50

(ii)  Fire alarm owner

$50

$50

(8)  Technical Endorsement-

$50

$50

Portable Fire Extinguishers/Hoses

(9)  Technical Endorsement-

$25

$25

DOT hydrostatic testing

(10)  Specialty Endorsement-Apprentice

$50

$50

D.  All licenses are valid for one year, unless a multi-year license is created, and shall be renewed within thirty days of its expiration date to remain valid.  The state fire marshal may create a prorated fee system to allow employee license renewal dates to coincide with the firm license renewal date.

E.  A license not renewed within thirty days of its expiration date shall be considered past due and subject to late fees.  The late fee penalty shall be twenty-five dollars for a license not renewed before thirty-one to forty-five days past the expiration date and fifty dollars for a license not renewed before forty-six to sixty days past the expiration date.

F.  A license shall be suspended if not renewed within sixty days of its expiration date or if the license holder has not maintained the license.  The cost to reinstate a suspended license shall be the cost of the initial fees plus twenty dollars.

G.  The cost for a duplicate or replacement firm or individual license is twenty dollars, regardless of how many endorsements are carried.

H.  The cost to transfer an individual license from one firm to another is twenty dollars.

I.  The fees established in this Section shall not be refundable except under such conditions as the state fire marshal may establish.

J.(1)  Subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, all monies received by the state fire marshal pursuant to this Subpart, including but not limited to fees and fines, shall be deposited immediately upon receipt in the state treasury and shall be credited to the Bond Security and Redemption Fund.  Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer, prior to placing such remaining funds in the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury by the state fire marshal pursuant to this Subpart into a special fund which is hereby created in the state treasury and designated as the Louisiana Life Safety and Property Protection Trust Fund.

(2)  The monies in the Louisiana Life Safety and Property Protection Trust Fund shall be used solely for implementation, administration, and enforcement of this Subpart, and thereafter, for fire education or emergency response by the state fire marshal and only in the amounts appropriated each year to the state fire marshal or the board by the legislature.  Any surplus monies and interest remaining to the credit of the fund on June thirtieth of each year after all such appropriations of the preceding fiscal year have been made shall remain to the credit of the fund, and no part thereof shall revert to the state general fund.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.10.  Powers and duties of state fire marshal

The state fire marshal shall:

(1)  Formulate and administer such rules as may be determined essentially necessary for the protection and preservation of life and property and for the enforcement of this Subpart.

(2)  Evaluate the qualifications of firms or persons applying for or maintaining a license pursuant to this Subpart.

(3)  Have authority to conduct examinations to ascertain the qualifications and fitness of applicants for a license pursuant to this Subpart.

(4)  Issue full or provisional licenses to firms and persons that meet the qualifications established by this Subpart.

(5)  Evaluate the qualifications of firms seeking approval as testing laboratories.

(6)  Have authority, after notice and opportunity for hearing, to increase or decrease the limits of insurance coverage and authorize acceptance of surplus lines coverage if the state fire marshal determines that due to loss experience, market conditions, or other good reason, the liability insurance coverage required by this Subpart is unavailable to applicants for or holders of licenses.

(7)  Have authority to conduct inspections of licensed firms, whether in state or out of state, for the purpose of observation and collection of facts and data relating to proper enforcement of this Subpart.

(8)  Investigate all written complaints lodged against firms or individuals who are alleged to have violated this Subpart and pursue administrative action against the firms or individuals.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.11.  Life Safety and Property Protection Advisory Board

A.  The Life Safety and Property Protection Advisory Board is hereby created and placed within the Department of Public Safety and Corrections as further provided by R.S. 36:409(M) and 919.3.  The board shall be composed of thirteen members, as follows:

(1)(a)  Twelve members shall be appointed by the governor from a list of nominees submitted to the governor by the Louisiana Life Safety and Security Association, the Louisiana Fire Sprinkler Association, and the Louisiana Automatic Fire Alarm Association.

(b)  The board shall consist of members representing all aspects of life safety and property protection.  Each of the technical endorsements shall be represented by at least one board member licensed for such.  Members who have only a specialty endorsement may be appointed if all the technical endorsements have representation.

(c)  Any person appointed to the board shall be licensed pursuant to this Subpart and shall have been engaged in life safety and property protection contracting for a minimum of four years prior to his appointment, except that two members may be from an associate industry to life safety and property protection for which no license is required but shall be legally registered to do business in Louisiana.

(2)(a)  One member shall be an employee of the office of the state fire marshal designated by the state fire marshal.

(b)  Such member shall serve as the chairman of the board but shall not vote except in the event of a tie vote of the members present and voting.

B.(1)  Each appointed member shall serve a term of two years.

(2)  The member designated by the state fire marshal shall serve a term concurrent with the term of the state fire marshal making such designation.

(3)  No member shall serve more than two consecutive terms except the member designated by the state fire marshal.

(4)  A vacancy on the board occurring prior to expiration of a term shall be filled in the manner of the original appointment for the remainder of the term.

C.  The board shall meet upon the call of the chairman or upon the written request of any three members of the board.  Notice of any such meeting shall be given to board members and the public at least seven days in advance.

D.  Five members of the board shall constitute a quorum for the transaction of business.  The board may take action by majority vote of its members present and voting.

E.  Each appointed member of the board may be reimbursed for travel and related expenses incurred, not to exceed those expenses authorized for reimbursement by the State Travel Guide, for each day that the member engages in board business.

F.  No member of the board shall be liable in a civil action for any act performed in good faith in the execution of his duties as a board member.

G.  The board shall have the authority to approve all training, certification, and examination requirements for licensure under this Subpart.  The board shall have the authority to approve written training programs as acceptable equivalents for meeting the training or examination requirements of this Subpart.  The board may also accept, as such an equivalent, licensure of a firm or person by a jurisdiction outside this state which has standards and requirements of practice which substantially conform to the provisions of this Subpart.  The board shall also establish continuing education requirements.

H.  In the absence of an appointed board, the state fire marshal shall determine and approve licensing equivalencies, written training programs, examination requirements, and continuing education requirements.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.12.  Prohibited acts

No person or firm shall do any of the following:

(1)  Engage in life safety and property protection contracting without a valid license.

(2)  Aid and abet an unlicensed individual, employee, or firm in life safety and property protection contracting.

(3)  Certify, inspect, install, integrate, sell, or service life safety and property protection contrary to plans submitted for review, applicable NFPA codes, standards, or manufacturer's specifications without specific written authorization from the office of the state fire marshal.

(4)  Submit an application or any other document to the office of the state fire marshal when the person reasonably should have known that the document contained false or misleading information.

(5)  Engage in false, misleading, or deceptive acts or practices.

(6)  Fail to maintain a valid license as required by this Subpart.

(7)  Fail to maintain a valid insurance policy as required by this Subpart.

(8)  Refuse to admit the state fire marshal or his designated representative to an operating location or refuse to cooperate in the purposes of such admittance as required by this Subpart.

(9)  Fail to maintain his license on his person and to present it for inspection as required by this Subpart.

(10)  Fail to return the lockout, installer, or programming code of a life safety or property protection system to the factory default setting.

(11)  Refuse to cooperate with any lawful investigation by the office of the state fire marshal.

(12)  Fail to abide by the administrative rules promulgated pursuant to this Subpart.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.13.  Notice, hearing, and revocation of certificate or license

The license as provided for in this Subpart may be revoked or suspended after notice and hearing in accordance with the Administrative Procedure Act and upon a finding that a person or firm:

(1)  Willfully violated any provision of this Subpart or any rule, regulation, or order adopted hereunder.

(2)  Used deceit or false or misleading information in obtaining any certificate or license pursuant to this Subpart.

(3)  Has been professionally incompetent or grossly negligent.

(4)  Has assisted any person attempting to evade the provisions of this Subpart, or any rules or regulations adopted hereunder.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007.

 

§1664.14.  Penalties

A.(1)  In addition to or in lieu of administrative sanctions provided in this Subpart, the state fire marshal is empowered to issue an order to any person or firm engaged in any activity, conduct, or practice constituting a violation of any provision of this Subpart, directing such person or firm to cease and desist from such activity, conduct, or practice.  Such order shall be issued in the name of the state of Louisiana under the official seal of the state fire marshal.

(2)  If the person or firm to whom the state fire marshal directs a cease and desist order does not cease and desist the prohibited activity, conduct, or practice immediately after service of such cease and desist order by certified mail or personal service, the state fire marshal may seek, in any court of competent jurisdiction and proper venue, a writ of injunction enjoining such person or firm from engaging in any activity, conduct, or practice prohibited by this Subpart.

(3)  Upon a proper showing by the state fire marshal that such person or firm has engaged in any activity, conduct, or practice prohibited by this Subpart, the court shall issue a temporary restraining order restraining the person or firm from engaging in unlawful activity, conduct, or practices pending the hearing on a preliminary injunction, and in due course a permanent injunction shall be issued after a hearing, commanding the cessation of the unlawful activity, conduct, or practices.

(4)  A temporary restraining order, preliminary injunction, or permanent injunction issued under this Subpart shall not be subject to being released upon bond.

(5)  In the suit for an injunction, the state fire marshal may demand of the defendant a penalty of fifty dollars per day for each violation, reasonable attorney fees, and court costs.  Judgment for penalty, attorney fees, and court costs may be rendered in the same judgment in which the injunction is made absolute.

B.  If the state fire marshal finds that any person or firm has violated any provision of this Subpart or any regulation, rule, or order issued hereunder, he may impose upon that person or firm a fine in an amount not to exceed five thousand dollars for each violation.

C.  Procedures for the imposition of fines and appeals of such fines shall be governed by the Administrative Procedure Act.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.15.  Purchased life safety and property protection system

A.  Each firm engaged in life safety and property protection contracting who sells a life safety or property protection system to a consumer shall return the lockout, installer, or programming code of the system to the factory default setting within five business days following notification when the consumer cancels the contract with the firm provided all original contractual obligations are fulfilled.

B.  In addition to the penalties provided in this Subpart, any life safety and property protection contracting firm who violates this Section shall have its license revoked and be subject to a civil fine pursuant to this Subpart.
Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.

 

§1664.16.  Effect on local regulation, effective date

A.  Except for requirements which pertain to all types of businesses generally, no parish or municipality shall enact any new ordinance, rule, or regulation regulating firms and persons subject to licensure pursuant to this Subpart.

B.  This Subpart shall supersede any existing parish or municipal ordinance, rule, or regulation requiring certification or licensure of firms and persons engaged in life safety and property protection contracting and such ordinances, rules, and regulations shall be null and void and have no effect.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007.

LAC Title 55:V - Administrative Rules on Fire Protection

Clicking on the given link will give you the sections of Title 55 that pertain to the Licensing section.

Title 55:V: Chapter 30

pdf Title 55:V: Chapter 31
These rules became effective in April 2009

pdf Title 55:V: Chapter 32


This page was last modified on July 16, 2014