HLS 16RS-2084 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 1068
BY REPRESENTATIVE LOPINTO
PLUMBERS: Provides relative to the regulation of gas fitters and master gas fitters
1 AN ACT
2To amend and reenact R.S. 37:1371(A), 1372, 1373(A), and 1374(B) and to enact R.S.
3 37:1361(F), 1366(J), 1367(J), 1368(J), 1377(I) through (K), and 1378(A)(9) through
4 (11), relative to the regulation of gas fitting; to clarify and restrict the authority of the
5 the State Plumbing Board; to restrict municipal and local regulatory authorities; to
6 provide for fees; to provide for duties of the board; to regulate licensure of gas fitters
7 and master gas fitters; to provide for exceptions; to provide for inspections; to
8 provide for injunctions; to provide for penalties; to provide for definitions; to provide
9 for violations; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 37:1371(A), 1372, 1373(A), and 1374(B) are hereby amended and
12reenacted and R.S. 37:1361(F), 1366(J), 1367(J), 1368(J), 1377(I) through (K), and
131378(A)(9) through (11) are enacted to read as follows:
14 §1361. State Plumbing Board, appointments; qualifications; legislative intent;
15 authority
16 * * *
17 F.(1)(a) The board shall be the sole and exclusive agency in this state
18 empowered to license any natural person or regulated business entity who is engaged
19 or who seeks to engage in the business of gas fitting work for the general public that
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1 includes installation, repair, improvement, alterations, or removal of natural gas or
2 liquefied petroleum gas piping, tanks, and appliances annexed to real property.
3 (b) Nothing in Subparagraph (a) of this Paragraph shall be construed to
4 supersede any of the following:
5 (i) The authority of the State Licensing Board for Contractors to regulate
6 mechanical contractors as defined in R.S. 37:2150.1.
7 (ii) The authority of the Louisiana Liquefied Petroleum Gas Commission to
8 regulate gas fitter installations pursuant to R.S. 40:1846.
9 (c) The board is authorized to promulgate rules and regulations related to gas
10 fitting, and those rules and regulations shall preempt any conflicting local laws.
11 (2)(a) Notwithstanding any provision of a home rule charter to the contrary,
12 the provisions of this Section shall preempt any municipal or other local regulatory
13 examination authority relative to gas fitters and master gas fitters.
14 (b) No municipal or other local regulatory authority shall require any gas
15 fitter or master gas fitter to apply for or to maintain any gas fitter or master gas
16 fitter's license, or any equivalent thereof, as a condition to perform gas fitting work
17 in any municipality or other local jurisdiction unless that gas fitter or master gas
18 fitter's license is issued by the board.
19 (c) A municipality or other local regulatory authority may assess and collect
20 locally adopted fees and charges relative to gas fitting work, as defined in R.S.
21 37:1377, that is performed in their respective jurisdictions but only from persons
22 licensed pursuant to R.S. 37:1368.
23 * * *
24 §1366. Duties of the board
25 * * *
26 J.(1) It is the duty of the board to assure that gas fitting work is performed
27 by persons who have proven knowledge of and skill in the gas fitting trade.
28 (2) The board shall adopt tests of qualifications to be possessed by any
29 persons actually engaged in gas fitting work and shall require that any person
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1 performing work as a gas fitter or master gas fitter shall possess a license issued by
2 the board.
3 (3) The board shall adopt rules and regulations waiving any examination
4 requirements imposed on persons performing gas fitting work who satisfy the
5 performance conditions described in R.S. 37:2156.1(M) prior to July 1, 2016.
6 (4) For all other purposes of regulation, testing, and licensing pursuant to the
7 provisions of this Chapter, the regulation, testing, and licensing of gas fitters by the
8 board shall be subject to the same requirements and treated in the same manner as
9 the regulation, testing, and licensing of plumbers.
10 §1367. License required, journeyman and master plumber; medical gas piping
11 installer; medical gas and vacuum systems verifier; water supply protection
12 specialist endorsement; gas fitter and master gas fitter; local examination
13 preempted
14 * * *
15 J.(1) No person shall engage in performing the work of a gas fitter or master
16 gas fitter unless he possesses a license or renewal thereof issued by the board.
17 (2) The provisions of this Subsection shall not apply to work performed by
18 persons on their own residences.
19 §1368. Issuance of journeyman and master plumber's license; medical gas piping
20 and installation license; medical gas and vacuum systems verifier license;
21 water supply protection specialist endorsement; exemption; gas fitter license
22 * * *
23 J.(1) The board shall issue a gas fitter license to any person who satisfies the
24 following requirements:
25 (a) Completion and satisfactory passage of a written and manual examination
26 administered either by the board or by a recognized third-party certifier.
27 (b) Compliance with all requirements of the applicable provisions of this
28 Chapter and all requirements imposed by any rules and regulations promulgated by
29 the board.
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1 (2) The board shall adopt a nationally recognized code or codes regulating
2 gas fitting as the basis for the administered examination, as required by Paragraph
3 (1) of this Subsection, and for any inspections of gas fitting performed by any person
4 subject to the provisions of this Chapter.
5 * * *
6 §1371. Fees
7 A.(1) The board may fix and charge reasonable examination, licensing, and
8 renewal fees for journeyman and master plumbers, temporary permit fees for
9 journeyman plumbers, restricted license fees for journeyman and master plumbers,
10 and renewal fees for inactive master plumbers. The board may fix and charge
11 reasonable examination, licensing, and renewal fees for persons engaged in the work
12 or business of medical gas piping installation and for persons engaged in the work
13 or business of a medical gas and vacuum system verifier. The board may also fix
14 and charge reasonable examination, licensing, and renewal fees associated with
15 endorsements issued to journeyman or master plumbers relative to the work of a
16 water supply protection specialist. These fees shall not exceed the amount required
17 to maintain the board and pay the expenses of operating the board and enforcing the
18 provisions of this Chapter.
19 (2) For the purposes of this Section, gas fitters shall be subject to the same
20 provisions that are imposed on journeyman plumbers, except for those included in
21 Subparagraph (B)(1)(b) of this Section.
22 * * *
23 §1372. Inspections
24 The board shall at reasonable times and hours inspect plumbing work,
25 medical gas piping installation, gas fitting work, and the work of water supply
26 protection specialists under its jurisdiction to assure compliance with this Chapter.
27 The board may appoint and compensate special enforcement officers for this
28 purpose.
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1 §1373. Injunctions
2 A. The board may enjoin any person from engaging in doing the work of a
3 journeyman plumber, master plumber, medical gas piping installer, medical gas and
4 vacuum systems verifier, gas fitter, master gas fitter, or water supply protection
5 specialist wherever it appears that a person is violating or is conspiring to violate the
6 provisions of this Chapter. The board may also enjoin an employing entity from
7 violating or conspiring to violate the provisions of this Chapter.
8 * * *
9 §1374. Penalty
10 * * *
11 B.(1) Upon receipt of a complaint from a consumer for whom the work was
12 performed, the Louisiana State Plumbing Board shall have the authority to fine any
13 person, or employing entity, who performs plumbing work or engages in the business
14 of plumbing while not possessing a license or endorsement issued by the board or
15 otherwise in violation of this Chapter, subject to the provisions of the Administrative
16 Procedure Act, an amount not more than five thousand dollars. The monies collected
17 pursuant to this Subsection shall be used by the board in a manner consistent with
18 R.S. 37:1371.
19 (2) The provisions of Paragraph (1) of this Subsection also apply to
20 unlicensed gas fitters.
21 * * *
22 §1377. Definitions; exceptions
23 * * *
24 I. Gas Fitter. A "gas fitter" includes any natural person who possesses the
25 necessary qualifications and knowledge to install, alter, repair, improve, remove, or
26 test liquefied petroleum or natural gas piping, tanks, and appliances annexed to real
27 property but does not include any person who is licensed by the Louisiana Liquefied
28 Petroleum Gas Commission or any services or work performed pursuant to such a
29 license.
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1 J. Master Gas Fitter. A "master gas fitter" includes any natural person who
2 possesses the necessary skills, abilities, proficiency, and qualifications to plan and
3 lay out the details for installing and supervising the work of installing, repairing, and
4 maintaining types of materials and equipment used for the construction, repair,
5 removal, or improvement to liquefied petroleum and natural gas piping systems and
6 tanks annexed to real property but does not include any person who is licensed by
7 the Louisiana Liquefied Petroleum Gas Commission or any services or work
8 performed pursuant to such a license.
9 K. Gas Fitting. "Gas fitting" means the work or business of installing,
10 repairing, improving, altering, or removing natural gas or liquefied petroleum gas
11 piping, fittings, valves, or tanks used for conveying fuel gas for appliances on or in
12 premises or in buildings annexed to real property. For purposes of this Chapter, gas
13 fitting does not include the following:
14 (1) The installation or maintenance of piping by any entity of a municipal or
15 gas district system that is subject to the regulatory authority of the Public Service
16 Commission, the New Orleans City Council, or the office of pipeline safety in the
17 Department of Natural Resources.
18 (2) Any work done by a person who is licensed by the Louisiana Liquefied
19 Petroleum Gas Commission or any other services performed pursuant to such a
20 license.
21 §1378. Revocation of licenses; other disciplinary actions
22 A. The board may, pursuant to the procedures provided in the Administrative
23 Procedure Act, revoke, suspend, or refuse to renew any license or endorsement
24 issued by the board to any natural person. Grounds for revocation, or lesser
25 disciplinary action, include but are not limited to the following:
26 * * *
27 (9) The habitual violation of any rules or regulations adopted by the board
28 by a gas fitter or master gas fitter.
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1 (10) The violation of any municipal code, any other code adopted by the
2 board related to gas fitting not otherwise preempted by this Chapter, or any other
3 related regulation as evidenced by an adjudication from a local governing authority.
4 (11) The refusal of a master gas fitter to accurately designate an employing
5 entity or provide notice of any change in employment with an employing entity.
6 * * *
7 Section 2. This Act shall become effective on January 1, 2017.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1068 Engrossed 2016 Regular Session Lopinto
Abstract: Provides relative to the State Plumbing Board and regulates gas fitters and
master gas fitters.
Proposed law indicates the State Plumbing Board (board) shall be the sole and exclusive
agency in La. empowered to license any natural person or regulated business entity who is
engaged or who seeks to engage in the business of work for the general public that includes
installation, repair, improvement, alterations, or removal of natural gas or liquefied
petroleum gas piping, tanks, and appliances annexed to real property. Proposed law clarifies
that nothing in proposed law shall be construed to supersede either the authority of the State
Licensing Board for Contractors to regulate mechanical contractors as defined in present law
(R.S. 37:2150.1) or the authority of the Louisiana Liquefied Petroleum Gas Commission to
regulate gas fitter installations pursuant to present law (R.S. 40:1846).
Proposed law authorizes the board to promulgate rules and regulations related to gas fitting,
and clarifies that those rules and regulations shall preempt any conflicting local laws.
Proposed law adds that, notwithstanding any provision of a home rule charter to the contrary,
the provisions of proposed law shall preempt any municipal or other local regulatory
examination authority over gas fitters and master gas fitters.
Proposed law prohibits municipalities and other local regulatory authorities from requiring
that any gas fitter or master gas fitter must apply for or maintain any gas fitter or master gas
fitter's license, or any equivalent thereof, as a condition to performance of gas fitter work in
any municipality or other local jurisdiction unless that gas fitter or master gas fitter's license
is issued by the board.
Proposed law allows municipalities or other local regulatory authorities to assess and collect
locally adopted fees and charges relative to gas fitting work, as defined in present law (R.S.
37:1377), that is performed in their respective jurisdictions but only from persons licensed
pursuant to present law (R.S. 37:1368).
Proposed law imposes specified duties on the board. Proposed law requires the board to
assure that gas fitting work is performed only by persons who have proven knowledge of and
skill in the gas fitting trade. Proposed law requires the board to adopt tests of qualification
to be possessed by an persons actually engaged in gas fitting-related work and require that
any person performing work as a gas fitter or master gas fitter shall possess a license issued
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by the board. Proposed law requires the board to adopt rules and regulations allowing for
the waiver of any examination requirements imposed on persons performing gas fitting work
who satisfy the performance conditions described in present law (R.S. 37:2156.1(M)) prior
to July 1, 2016. Proposed law adds that, for all other purposes of regulation, testing, and
licensing pursuant to the provisions of present law (Chapter 16 of Title 37 of the Louisiana
Revised Statutes of 1950), the regulation, testing, and licensing of gas fitters by the board
shall be subject to the same requirements and treated in the same manner as the regulation,
testing, and licensing of plumbers.
Proposed law prohibits any person from performing the work of a gas fitter or a master gas
fitter unless he possesses a license or renewal thereof issued by the board. Proposed law
clarifies that the provisions of proposed law shall not apply to work performed by persons
on their own residences.
Proposed law requires the board to issue a license to any person who completes and passes
a written and manual examination administered either by the board or by a recognized
third-party certifier and who is in compliance with all requirements of the applicable
provisions of proposed law and all requirements imposed by any rules and regulations
promulgated by the board.
Proposed law requires the board to adopt a nationally recognized code or codes regulating
gas fitting as the basis for the administered examination, as required by proposed law, and
for any inspections of gas fitting performed by any person subject to the provisions of
proposed law.
Present law establishes a schedule and standards for certain fees. Proposed law clarifies that,
for the purposes of proposed law, gas fitters shall be subject to the same provisions that are
imposed on journeyman plumbers, except for those included in present law (R.S.
37:1371(B)(1)(b)).
Present law requires the board to conduct inspections of enumerated types of work.
Proposed law adds gas fitting work to that enumerated list.
Present law authorizes the board to enjoin certain enumerated persons whenever it appears
the person is violating or conspiring to violate present law. Proposed law adds gas fitters
and master gas fitters to that enumerated list.
Present law authorizes the board to fine certain enumerated persons whenever they are in
violation of present law. Proposed law clarifies that present law shall also apply to
unlicensed gas fitters.
Proposed law defines the terms "gas fitter", "gas fitting", and "master gas fitter".
Present law authorizes the board to, within the guidelines of the Administrative Procedure
Act, revoke, suspend, or refuse to renew any license or endorsement issued by the board to
any natural person. Present law enumerates a nonexclusive list of grounds for revocation,
or lesser disciplinary action. Proposed law adds the following to the nonexclusive list of
grounds for revocation, or lesser disciplinary action:
(1)The habitual violation of any rules or regulations adopted by the board by a gas fitter
or master gas fitter.
(2)The violation of any municipal code, any other code adopted by the board related to
gas fitting not otherwise preempted by present law, or any other related regulation
as evidenced by an adjudication before a local governing authority.
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(3)The refusal of a master gas fitter to accurately designate an employing entity or
provide notice of any change in employment with an employing entity.
Effective January 1, 2017.
(Amends R.S. 37:1371(A), 1372, 1373(A), and 1374(B); Adds R.S. 37:1361(F), 1366(J),
1367(J), 1368(J), 1377(I)-(K), and 1378(A)(9)-(11))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
2. Add a definition for the term "gas fitting".
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