ENROLLED
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ACT No. 984
Regular Session, 2010
HOUSE BILL NO. 1053
BY REPRESENTATIVE ARNOLD
AN ACT1
To amend and reenact R.S. 40:1664.2(B) and (D), 1664.3(2), (4), (7), (10), (13), (20), (28),2
(37), (39), (42), (43), (49) through (52), (55), and (57), 1664.4(A) and (D),3
1664.5(1), (4), and (11), 1664.6 (B)(introductory paragraph) and (2), (E), (F), (G),4
and (H), 1664.7(B), (C), (D), and (E), 1664.8(G), 1664.9(A) through (D), (I), and (J),5
1664.10(3) and (4), 1664.11(A)(1) and (2)(a), (B)(2) and (3), and (H), 1664.12(3),6
(8), and (11), 1664.14(A)(5), and 1664.15(A), to enact R.S. 40:1664.3(62) through7
(66), 1664.6(I), 1664.7(F), 1664.10(8), and 1664.12(12), and to repeal R.S.8
40:1664.3(38), relative to the Life Safety and Property Protection Licensing Act; to9
change the phrase "fire marshal" to "state fire marshal"; to make technical10
corrections; to provide for definitions; to repeal the definition of "limited locksmith11
specialist"; to require a license to perform life safety and property protection12
contracting; to provide for exemptions; to provide for an application process to13
obtain a firm license; to provide for an application process to obtain an individual14
license; to establish licensing fees; to provide for multi-year licenses; to provide for15
the powers and duties of the state fire marshal; to provide for the Life Safety and16
Property Protection Advisory Board; to provide for prohibited acts; to require the17
return of the lockout, installer, or programming code of a system to the factory18
default when a contract for service is cancelled; and to provide for related matters.19
Be it enacted by the Legislature of Louisiana:20
Section 1. R.S. 40:1664.2(B) and (D), 1664.3(2), (4), (7), (10), (13), (20), (28), (37),21
(39), (42), (43), (49) through (52), (55), and (57), 1664.4(A) and (D),1664.5(1), (4), and22
(11), 1664.6 (B)(introductory paragraph) and (2), (E), (F), (G), and (H), 1664.7(B), (C), (D),23
and (E), 1664.8(G), 1664.9(A) through (D), (I), and (J), 1664.10(3) and (4), 1664.11(A)(1)24 ENROLLEDHB NO. 1053
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and (2)(a), (B)(2) and (3), and (H), 1664.12(3), (8), and (11), 1664.14(A)(5), and 1664.15(A)1
are hereby amended and reenacted and R.S. 40:1664.3(62) through (66), 1664.6(I),2
1664.7(F), 1664.10(8), and 1664.12(12) are hereby enacted to read as follows: 3
§1664.2. Purpose; administration and enforcement4
* * *5
B. The state fire marshal shall administer and enforce the provisions of this6
Subpart and may issue rules and regulations which he considers necessary to such7
administration and enforcement pursuant to the Administrative Procedure Act. In8
formulating necessary rules and regulations, the state fire marshal may use9
recognized standards, including those of the National Fire Protection Association,10
those recognized by federal law or regulation, those published by nationally11
recognized standards-making organizations, those industry standards established by12
accepted practices or trade associations, or those contained in manufacturers'13
installation manuals.14
* * *15
D. The Louisiana Life Safety and Property Protection Advisory Board shall16
advise the state fire marshal with respect to administration and enforcement of the17
provisions of this Subpart and shall exercise those functions specified in this Subpart.18
§1664.3. Definitions19
As used in this Subpart, the following terms shall have the meanings20
specified in this Section:21
* * *22
(2) "Bank-locking specialist" means an individual licensed to certify, inspect,23
install, integrate, sell, and service mechanical and or electric electronic locks within24
the confines of a bank, credit union, or other financial institution.25
* * *26
(4) "Certify" means to attest to the proper functionality, inspection,27
installation, integration, and service of life safety and property protection systems28
and equipment in accordance with all applicable engineered specifications,29
manufacturers manufacturer's specifications, submitted plans and per the inspection,30 ENROLLEDHB NO. 1053
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testing, and maintenance chapters as set forth in the applicable NFPA codes and1
standards.2
* * *3
(7) "Designated agent" means an owner or a manager of an alarm contracting4
company or single station fire alarm contracting company, a locksmithing services5
company, or closed circuit television alarm system contracting company who has6
been assigned the responsibility of submitting any notice required by this Subpart to7
the state fire marshal.8
* * *9
(10) "Door hardware specialist" means an individual who consults and10
provides technical advice regarding selection of mechanical locking devices and11
consults and provides technical advice regarding selection of electrical or electronic12
locking devices for controlled access to premises, safes, vaults, safe doors, lock13
boxes, automatic teller machines, or other devices builders' hardware, architectural14
hardware, or door hardware.15
* * *16
(13) "Employee" means a person who performs services for wages or salary17
and receives a W-2 tax form from his employer.18
* * *19
(20) "Fire protection systems and equipment" means those life safety and20
property loss systems, whether commercial or residential, intended to protect a21
structure's occupants or property from the risk and dangers of fire or explosion. Fire22
protection systems and equipment include but are not limited to portable fire23
extinguishers, fire detection and alarm systems, fire suppression systems, fire hoses,24
kitchen hood, and duct installation and cleaning. However, the term "fire protection25
system and equipment" shall not include a single station smoke or heat detector26
installed in a private residence by a fire department, the state fire marshal, a public27
agency, a volunteer association, or their designated representatives where no28
compensation is received for such installation.29
* * *30 ENROLLEDHB NO. 1053
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(28) "Household fire warning system" means a fire alarm, fire alarm system,1
or portion of such an alarm or system intended to detect or warn of smoke or fire and2
intended for use in a residential one- or two-family dwelling or wholly within the3
confines of an individual living unit in a residential multifamily structure.4
Household fire warning systems are a subclassification of security.5
* * *6
(37) "Life safety and property protection contracting" means performing7
certification, inspection, installation, integration, sale, or service of systems and8
equipment designed to protect life and property. Life safety and property protection9
systems and equipment include but is not limited to mechanical or electronic locking10
locks, special locking systems and equipment, security systems and equipment, fire11
sprinkler systems and equipment, fire detection and alarm systems and equipment,12
fire suppression, or other fire systems and equipment. systems and equipment, and13
portable fire extinguishers, and fire hoses. Life safety and property protection14
contracting includes but is not limited to the sale, lease, rent, planning with the intent15
to prewire, prewiring, hydrostatic testing, maintenance, repair, testing, modification,16
improvement, or alteration of life safety systems and equipment; holding oneself or17
one's firm out for hire to perform any such task; or otherwise offering to perform any18
such task for compensation, either directly or indirectly. Notwithstanding any other19
provision of this Subpart, no person licensed under this Subpart may install primary20
power sources of one hundred volts or greater when such power source is being21
installed to operate low voltage systems unless licensed by the State Licensing Board22
for Contractors to perform such installations.23
* * *24
(39) "Locksmith technician" means an individual who sells, repairs, rebuilds,25
recodes, services, adjusts, installs, manipulates, or bypasses a special locking system,26
mechanical locking device or electrical electronic locking devices for controlled27
access or egress to premises, safes, vaults, safe doors, lock boxes, automatic teller28 ENROLLEDHB NO. 1053
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machines, or other devices for safeguarding areas or certifies, inspects, installs,1
integrates, sells and services closed circuit televison alarm systems.2
* * *3
(42) "Officer" means the president, vice president, secretary, treasurer,4
comptroller, or any other person who performs functions for an alarm contracting5
company or single station fire alarm contracting company, a locksmithing services6
company or closed circuit television alarm system contracting company a life safety7
and property protection contracting firm corresponding to those performed by those8
officers.9
(43) "Operating location" means a physical address that houses an entity that10
performs life safety and property protection contracting. All business records11
including but not limited to payroll records, sales invoices, inspection reports, and12
service records shall be maintained at the operating location. The operating location13
shall be open during normal business hours for the inspection of records. The use of14
a storage facility, telephone answering service, or post office box shall not constitute15
a location for purposes of this Subpart.16
* * *17
(49) "Principal" means a person or entity that owns at least five percent of18
a life safety and property protection contracting firm regardless of the form of19
organization. "Principal" includes a person or entity entitled to exercise the20
prerogatives or indicia of ownership or control of a life safety and property21
protection contracting firm whether by direct action, assignment, or any other kind22
of substitution or subrogation, to the extent that such person or entity would be23
entitled to receive at least five percent of the remaining assets of the life safety and24
property protection contracting firm upon dissolution. "Principal" includes, if the25
entity is a partnership, each partner, including any general or limited partner.26
"Principal" includes, if the entity is organized as a corporation, any person or entity27
who owns or controls five percent or more of the total aggregate number of shares28
of all types of stock issued by a life safety and property protection contracting firm29
organized as a corporation or shares of a corporation that owns or controls a life30 ENROLLEDHB NO. 1053
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safety and property protection contracting firm. "Principal" includes any member1
if the entity is organized as a limited liability company has a controlling interest of2
a life safety and property protection firm regardless of the form of organization.3
"Principal" includes a person or entity entitled to exercise the prerogatives or indicia4
of ownership or control of a property protection firm whether by direct action,5
assignment, or any other kind of substitution or subrogation.6
(50) "Property protection systems and equipment" means those life safety7
and property protection systems intended to protect lives and property from the risk8
of theft, unauthorized entry, or other physical harm to a structure's occupants or9
property. Security Property protection systems and equipment include, but are not10
limited to intrusion alarms, closed circuit television, mechanical locks, and electronic11
locks.12
(51) "Qualifier" means a person who possesses the appropriate training or13
experience credentials enabling a firm to obtain a life safety and property protection14
license. A qualifier must shall be a paid employee of the firm for which he qualifies15
and work works a minimum of thirty-two hours per week. A qualifier must provide16
direct supervision of a firm's operations shall be actively involved in overseeing the17
life safety and property protection contracting for the firm for which he qualifies.18
An individual may only qualify one firm.19
(52) "Security sales technician specialist" means an individual licensed to20
sell or specify security systems and equipment.21
* * *22
(55) "Sell" means to solicit another on behalf of a property protection firm23
by any means, including but not limited to telephone or electronic device, public24
notice or advertisement, door-to-door or any other type of personal interaction. The25
term includes designing property protection systems.26
* * *27
(57) "Specialist" means an individual who is trained and certified to perform28
life safety and property protection contracting within a specific limited endorsement.29
* * *30 ENROLLEDHB NO. 1053
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(62) "Bank-locking system" means locking systems and equipment within1
a financial institution. The term includes but is not limited to safes, vaults, time2
locks, safety deposit box locks, combination and electronic locks, key operated3
locks, teller under counter equipment, master key systems, interchangeable cores,4
cash dispensers, drive-up systems, money tubes, and other commercial bank5
furnishings. The scope of work includes selling, installing, and servicing these6
systems and equipment. Bank-locking systems are a subclassification of locksmith.7
The term does not include special locking or security systems and equipment as8
defined in this Subpart.9
(63) "Builders' hardware" or " architectural hardware" or "door hardware"10
means stand alone electro/mechanical locks, latches, exit hardware, closures, and11
hinges mounted onto doors intended to operate and secure the door properly. The12
term does not include special locking systems.13
(64) "Detention locking system" means locking systems and equipment14
within a penal institution. The term includes but is not limited to doors, frames, high15
security locking, and commercial locking systems. The term also includes locks of16
various types including pin tumbler-standard and mogul types, lever and wafer17
tumbler mechanical locks, electromechanical, full electronic, and pneumatic18
controlled locks. Detention locking systems are a subclassification of locksmith. The19
term does not include special locking, security, or closed circuit television alarm20
systems and equipment as defined in this Subpart.21
(65) "Special locking specialist" means an individual who certifies, designs,22
inspects, installs, integrates, sells, or services a special locking system protecting a23
controlled access area or egress to premises.24
(66)"State fire marshal" means the Department of Public Safety and25
Corrections, office of state fire marshal and its authorized representatives26
empowered to enforce the provisions of this Subpart.27
§1664.4. License required28
A. No person or firm shall engage in life safety and property protection29
contracting without holding a current and valid license issued by the state fire30 ENROLLEDHB NO. 1053
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marshal as provided in this Subpart. Life safety and property protection contracting1
is divided into the three main categories of fire sprinkler, fire protection, and2
security. Each operating location of a firm shall hold a separate firm license.3
* * *4
D. Each person who acts as an apprentice performing life safety and property5
protection contracting must shall apply to the state fire marshal for an apprentice6
license. The state fire marshal shall establish the qualifications of an apprentice by7
rule. An apprentice may perform such services only under the direct supervision of8
a technician holding a valid license pursuant to this Subpart who works for the same9
firm as the apprentice.10
§1664.5. Exemptions to licensure11
The requirements for licensure shall not apply to:12
(1) An officer or employee of the United States, this state, or any political13
subdivision of either, while engaged in the performance of his official duties within14
the course and scope of his employment with the United States, this state, or any15
political subdivision of either. However, no person or entity excepted from licensure16
pursuant to this Subpart shall engage in the certification, inspection, installation,17
integration, sale, or service of electronic special locking, fire detection and alarm,18
fire sprinkler, fire suppression systems, or portable fire extinguishers and fire hoses.19
* * *20
(4) A member of the building trades general contractor licensed by the State21
Licensing Board for Contractors and his direct employees or a building owner and22
his direct employees performing the installation or removal of complete mechanical23
locks or locking devices lock sets when doing so in the course of residential or24
commercial new construction or remodeling.25
* * *26
(11) Any gate manufacturer or merchant that is in the business of installing,27
servicing, repairing, rebuilding, reprogramming, or maintaining electronic garage28
door devices or gate systems for vehicle traffic. This exception from licensure shall29 ENROLLEDHB NO. 1053
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also apply to the employees of the manufacturer or merchant but only as to work1
performed by them on behalf of the exempted employer.2
* * *3
§1664.6. Application for a firm license; requirements to maintain4
* * *5
B. An applicant for a firm license shall submit the following to the state fire6
marshal:7
* * *8
(2) Documentation that the firm is an entity duly authorized to conduct9
business within this state. If the firm is physically located in Louisiana,10
documentation shall be in the form of a local or parish occupational license and if11
incorporated, registration with the secretary of state. If the firm is physically located12
outside of the state, documentation shall be in the form of registration with the13
secretary of state as a foreign corporation including the name of the firm's registered14
agent of service.15
* * *16
E. Each firm as a condition of licensure shall be open for inspection by the17
state fire marshal or his designated representative at any reasonable time for the18
purpose of observation and collection of facts and data relating to proper19
enforcement of this Subpart. No person acting on behalf of the firm shall refuse to20
admit the state fire marshal or his designated representative to an operating location.21
Firms physically located outside of Louisiana may be charged for the travel expenses22
of the state fire marshal to conduct such an inspection.23
F. As a further condition of licensure, the acceptance of a license by a firm24
shall be deemed as consent to submit to the reasonable requests for documentation25
by the office of the state fire marshal or his designated representatives and to26
cooperate in a lawful investigation by the office of the state fire marshal. Refusal to27
cooperate with any lawful investigation by the office of the state fire marshal shall28
be subject to any penalty as outlined in this Section, including suspension or29
revocation of license.30 ENROLLEDHB NO. 1053
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G. Each firm shall clearly display its license in a conspicuous location at its1
place of business.2
G. H. The designated agent of a life safety and property protection firm shall3
notify the fire marshal within ten days of the following:4
(1) Any change in the business address of the firm.5
(2) Any change in ownership of or interest in the firm.6
(3) Any change in the employment of a person holding an individual license.7
(4) For firms with a property protection endorsement, any owner, partner,8
or other principal with an interest in the firm who has been convicted of a felony or9
entered a plea of guilty or nolo contendere to a felony charge or received a first-time10
offender pardon. A felony that has been dismissed pursuant to Code of Criminal11
Procedure Article 893 or equivalent judicial dismissal shall not apply to this12
Paragraph.13
(5) For firms with a security endorsement only, a change of the firm14
providing monitoring services.15
H. I. No life safety and property protection firm shall contract for the16
independent services of a holder of an individual license under this Section.17
§1664.7. Application for an individual license; requirements to maintain18
* * *19
B. As a further condition of licensure, the acceptance of a license by a firm20
shall be deemed as consent to submit to the reasonable requests for documentation21
by the office of the state fire marshal or his designated representatives and to22
cooperate in a lawful investigation by the office of the state fire marshal. Any person23
refusing to cooperate with any lawful investigation by the office of the state fire24
marshal shall be subject to any penalty as outlined in this Section, including25
suspension or revocation of license.26
C. Each individual license holder shall notify the state fire marshal, on a27
form specified and provided by the state fire marshal, within ten days of the28
following:29
(1) Any change in business or home address.30 ENROLLEDHB NO. 1053
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(2) Any separation from an employer or change in employer.1
(3) For a person holding a property protection endorsement, any conviction2
for a felony or entry of a plea of guilty or nolo contendere to a felony charge or3
receipt of a first-time offender pardon.4
C. D. No individual licensed under this Section shall contract for his services5
as an independent contractor or agent with any life safety and property protection6
firm or with any other license holder under this Section.7
D. E. Meet all certification, continuing education, training, and testing8
requirements as established by the board.9
E. F. An individual may act as a temporary apprentice for a thirty-day10
calendar period commencing on the date the fire marshal receives an application11
from the applicant. Applications for property protection endorsements must shall be12
accompanied by a criminal record check of the applicant. Such license shall expire13
on the thirtieth calendar day after its commencement or on the date of issuance of an14
apprentice or technician license, whichever is earlier.15
§1664.8. Criminal background checks16
* * *17
G. The state fire marshal is authorized to order fingerprint analysis or any18
other analysis or documents deemed necessary by the state fire marshal for the19
purpose of verifying the criminal history of a person or named officer or principal20
of a firm applying for a license. The state fire marshal shall have the authority to21
conduct criminal history verification on a local, state, or national level. All costs for22
verifying criminal history shall be borne by the applicant.23
§1664.9. Fees; Louisiana Life Safety and Property Protection Trust Fund24
A. The state fire marshal is authorized to assess and collect fees pursuant to25
this Subpart. License endorsements are separated into the two general categories of26
Property Protection and Life Safety. The Property Protection category is subdivided27
into the Technical Endorsements of Locksmith, Special Locking Door Hardware, and28
Security. The Life Safety category is subdivided into the Technical Endorsements29
of Fire Sprinkler, Fire Suppression, Fire Alarm, Fire Other Portable Fire30 ENROLLEDHB NO. 1053
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Extinguishers and Hoses, and DOT Hydrostatic Testing. Technical endorsements1
may further be divided into specialty endorsements. A technical endorsement holder2
is authorized to perform all life safety and property protection contracting authorized3
by the specialty endorsements within the specific technical endorsement category.4
Specialty endorsement holders are limited to only life safety and property protection5
contracting authorized by that specialty endorsement.6
B. The amount of licensing fees for a firm shall be as follows:7
Initial fee Renewal fee8
(1)(a)Technical Endorsement-Locksmith$250 $509
(b)Speciality Endorsement: $250 $5010
(I)Limited locksmith $250 $5011
(ii)Door hardware $250 $5012
(iii) Bank locking $250 $5013
(iv) Detention locking $250 $5014
(2)(a)Technical Endorsement-Security $250 $5015
(b)Specialty Endorsement16
(I) Closed Circuit Television $250 $5017
(ii) Household fire $250 $5018
(3) Technical Endorsement-Fire Sprinkler$500 $25019
(4)(a) Technical Endorsement-Fixed20
Fire Suppression $350 $10021
(b) Specialty Endorsement22
(I) Pre-engineered $350 $10023
(ii) Kitchen suppression $350 $5024
(5)(a) Technical Endorsement-Fire Alarm$350 $10025
(b) Specialty Endorsement26
(I) Fire alarm (Non-required) $350 $5027
(ii) Fire alarm owner $350 $5028
(6) Technical Endorsement-Portable29
Fire Extinguishers/Hoses $350 $15030 ENROLLEDHB NO. 1053
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(7) Technical Endorsement-DOT1
hydrostatic testing $350 $502
(1)(a) Technical Endorsement-Locksmith$250 $503
(b) Specialty Endorsement:4
(i) Bank locking $250 $505
(ii) Detention locking $250 $506
(2) Technical Endorsement-Door hardware $250 $507
(3)(a) Technical Endorsement-Security$250 $508
(b) Specialty Endorsement:9
(i) Closed Circuit Television $250 $5010
(ii) Household fire $250 $5011
(iii) Special Locking $250 $5012
(4) Technical Endorsement-Fire Sprinkler$500 $25013
(5)(a) Technical Endorsement- $350 $10014
Fixed Fire Suppression15
(b) Specialty Endorsement:16
(i) Pre-engineered $350 $10017
(ii) Kitchen suppression $350 $5018
(6)(a) Technical Endorsement-Fire Alarm$350 $10019
(b) Specialty Endorsement:20
(i) Fire alarm (Non-required) $350 $5021
(ii) Fire alarm owner $350 $5022
(7) Technical Endorsement- $350 $15023
Portable Fire Extinguishers/Hoses24
(8) Technical Endorsement- $350 $5025
DOT hydrostatic testing26
C. The amount of licensing fees for a person shall be as follows:27
Initial fee Renewal fee28
(1)(a) Technical Endorsement-Locksmith$100 $5029
(b) Specialty Endorsement30 ENROLLEDHB NO. 1053
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(I) Limited locksmith $100 $501
(ii) Door hardware $100 $502
(iii) Bank locking $100 $503
(iv) Detention locking $100 $504
(2)(a) Technical Endorsement-5
Security technician $100 $506
(b) Specialty Endorsement7
(I) Closed Circuit Television $100 $508
(ii) Household fire $100 $509
(3) Technical Endorsement-Security sales $100 $5010
(4) Technical Endorsement-11
Fire Sprinkler Qualifier $100 $5012
(5) Technical Endorsement-13
Fire Sprinkler Inspector $100 $5014
(6)(a) Technical Endorsement-15
Fixed Fire Suppression $50 $5016
(b) Specialty Endorsement17
(I) Pre-engineered $50 $5018
(ii) Kitchen suppression $50 $5019
(7)(a) Technical Endorsement-Fire Alarm$50 $5020
(b) Specialty Endorsement21
(I) Fire alarm (Non-required) $50 $5022
(ii) Fire alarm owner $50 $5023
(8)(a) Technical Endorsement-24
Portable Fire Extinguishers/Hoses$50 $5025
(9) Technical Endorsement-26
DOT hydrostatic testing $25 $2527
(10) Technical Endorsement-Apprentice $50 $5028
(1)(a) Technical Endorsement-Locksmith$100 $5029
(b) Specialty Endorsement:30 ENROLLEDHB NO. 1053
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(i) Bank locking $100 $501
(ii) Detention locking $100 $502
(2) Technical Endorsement-Door hardware3
specialist $100 $504
(3)(a) Technical Endorsement-Security$100 $505
(b) Specialty Endorsement:6
(i) Closed Circuit Television $100 $507
(ii) Household fire $100 $508
(iii) Security sales $100 $509
(iv) Special Locking $100 $5010
(4) Technical Endorsement- $100 $5011
Fire Sprinkler Qualifier12
(5) Technical Endorsement- $100 $5013
Fire Sprinkler Inspector14
(6)(a) Technical Endorsement- $50 $5015
Fixed Fire Suppression16
(b) Specialty Endorsement:17
(i) Pre-engineered $50 $5018
(ii) Kitchen suppression $50 $5019
(7)(a) Technical Endorsement-Fire Alarm$50 $5020
(b) Specialty Endorsement:21
(i) Fire alarm (Non-required) $50 $5022
(ii) Fire alarm owner $50 $5023
(8) Technical Endorsement- $50 $5024
Portable Fire Extinguishers/Hoses25
(9) Technical Endorsement- $25 $2526
DOT hydrostatic testing27
(10) Specialty Endorsement-Apprentice $50 $5028
D. All licenses are valid for one year, unless a multi-year license is created,29
and must shall be renewed within thirty days of its expiration date to remain valid.30 ENROLLEDHB NO. 1053
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The state fire marshal may create a prorated fee system to allow employee license1
renewal dates to coincide with the firm license renewal date.2
* * *3
I. The fees established in this Section shall not be refundable except under4
such conditions as the state fire marshal may establish.5
J.(1) Subject to the exceptions contained in Article VII, Section 9 of the6
Constitution of Louisiana, all monies received by the state fire marshal pursuant to7
this Subpart, including but not limited to fees and fines, shall be deposited8
immediately upon receipt in the state treasury and shall be credited to the Bond9
Security and Redemption Fund. Out of the funds remaining in the Bond Security10
and Redemption Fund after a sufficient amount is allocated from that fund to pay all11
obligations secured by the full faith and credit of the state which become due and12
payable within any fiscal year, the treasurer, prior to placing such remaining funds13
in the state general fund, shall pay an amount equal to the total amount of funds paid14
into the state treasury by the state fire marshal pursuant to this Subpart into a special15
fund which is hereby created in the state treasury and designated as the Louisiana16
Life Safety and Property Protection Trust Fund.17
(2) The monies in the Louisiana Life Safety and Property Protection Trust18
Fund shall be used solely for implementation, administration, and enforcement of19
this Subpart, and thereafter, for fire education or emergency response by the state fire20
marshal and only in the amounts appropriated each year to the state fire marshal or21
the board by the legislature. Any surplus monies and interest remaining to the credit22
of the fund on June thirtieth of each year after all such appropriations of the23
preceding fiscal year have been made shall remain to the credit of the fund, and no24
part thereof shall revert to the state general fund.25
§1664.10. Powers and duties of state fire marshal26
The state fire marshal shall:27
* * *28
(3) Conduct Have authority to conduct examinations to ascertain the29
qualifications and fitness of applicants for a license pursuant to this Subpart.30 ENROLLEDHB NO. 1053
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are additions.
(4) Issue full or provisional licenses to firms and persons that meet the1
qualifications established by this Subpart.2
* * *3
(8) Investigate all written complaints lodged against firms or individuals who4
are alleged to have violated this Subpart and pursue administrative action against the5
firms or individuals.6
§1664.11. Life Safety and Property Protection Advisory Board7
A. The Life Safety and Property Protection Advisory Board is hereby created8
and placed within the Department of Public Safety and Corrections as further9
provided by R.S. 36:409(M) and 919.3. The board shall be composed of twelve10
thirteen members, as follows:11
(1)(a) Eleven Twelve members shall be appointed by the governor from a12
list of nominees submitted to the governor by the fire marshal the Louisiana Life13
Safety and Security Association, the Louisiana Fire Sprinkler Association, and the14
Louisiana Automatic Fire Alarm Association.15
(b) The board shall consist of members representing all aspects of life safety16
and property protection. Each of the technical endorsements shall be represented by17
at least one board member licensed for such. Members who have only a specialty18
endorsement may be appointed if all the technical endorsements have representation.19
(c) Any person appointed to the board shall be licensed pursuant to this20
Subpart and shall have been engaged in life safety and property protection21
contracting for a minimum of four years prior to his appointment, except that one22
member two members may be from an associate industry to life safety and property23
protection or end user for which no license is required but shall be legally registered24
to do business in Louisiana.25
(2)(a) One member shall be an employee of the office of the state fire26
marshal designated by the state fire marshal.27
* * *28
B.29
* * *30 ENROLLEDHB NO. 1053
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are additions.
(2) The member designated by the state fire marshal shall serve a term1
concurrent with the term of the state fire marshal making such designation.2
(3) No member shall serve more than two consecutive terms except the3
member designated by the state fire marshal.4
* * *5
H. In the absence of an appointed board, the state fire marshal shall6
determine and approve licensing equivalencies, written training programs,7
examination requirements, and continuing education requirements.8
§1664.12. Prohibited acts9
No person or firm shall do any of the following:10
* * *11
(3) Certify, inspect, install, integrate, sell, or service life safety and property12
protection contrary to plans submitted for review, applicable NFPA codes, standards,13
or manufacturers manufacturer's specifications without specific written authorization14
from the office of the state fire marshal.15
* * *16
(8) Refuse to admit the state fire marshal or his designated representative to17
an operating location or refuse to cooperate in the purposes of such admittance as18
required by this Subpart.19
* * *20
(11) Refuse to cooperate with any lawful investigation by the office of the21
state fire marshal.22
(12) Fail to abide by the administrative rules promulgated pursuant to this23
Subpart.24
* * *25
§1664.14. Penalties26
A.27
* * *28
(5) In the suit for an injunction, the state fire marshal may demand of the29
defendant a penalty of fifty dollars per day for each violation, reasonable attorney30 ENROLLEDHB NO. 1053
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are additions.
fees, and court costs. Judgment for penalty, attorney fees, and court costs may be1
rendered in the same judgment in which the injunction is made absolute.2
* * *3
§1664.15. Purchased life safety and property protection system4
A. Each firm engaged in life safety and property protection contracting who5
sells a life safety or property protection system to a consumer shall immediately6
return the lockout, installer, or programming code of the system to the factory default7
setting within five business days following notification when the consumer cancels8
the contract with the firm and contracts with another firm provided all original9
contractual obligations are fulfilled.10
* * *11
Section 2. R.S. 40:1664.3(38) is hereby repealed in its entirety.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: