ENROLLED
ACT No. 297
2016 Regular Session
HOUSE BILL NO. 1068
BY REPRESENTATIVES LOPINTO AND WILLMOTT
1 AN ACT
2 To 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.
10 Be 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
12 reenacted and R.S. 37:1361(F), 1366(J), 1367(J), 1368(J), 1377(I) through (K), and
13 1378(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
20 includes installation, repair, improvement, alterations, or removal of natural gas
21 piping, tanks, and appliances annexed to real property.
22 (b) Nothing in Subparagraph (a) of this Paragraph shall be construed to
23 supersede any of the following:
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1 (i) The authority of the State Licensing Board for Contractors to regulate
2 mechanical contractors as defined in R.S. 37:2150.1.
3 (ii) The authority of the Louisiana Liquefied Petroleum Gas Commission to
4 regulate gas fitter installations pursuant to R.S. 40:1846.
5 (c) The board is authorized to promulgate rules and regulations related to gas
6 fitting, and those rules and regulations shall preempt any conflicting local laws.
7 (2)(a) Notwithstanding any provision of a home rule charter to the contrary,
8 the provisions of this Section shall preempt any municipal or other local regulatory
9 examination authority relative to gas fitters and master gas fitters.
10 (b) No municipal or other local regulatory authority shall require any gas
11 fitter or master gas fitter to apply for or to maintain any gas fitter or master gas
12 fitter's license, or any equivalent thereof, as a condition to perform gas fitting work
13 in any municipality or other local jurisdiction unless that gas fitter or master gas
14 fitter's license is issued by the board.
15 (c) A municipality or other local regulatory authority may assess and collect
16 locally adopted fees and charges relative to gas fitting work, as defined in R.S.
17 37:1377, that is performed in their respective jurisdictions but only from persons
18 licensed pursuant to R.S. 37:1368.
19 * * *
20 §1366. Duties of the board
21 * * *
22 J.(1) It is the duty of the board to assure that gas fitting work is performed
23 by persons who have proven knowledge of and skill in the gas fitting trade.
24 (2) The board shall adopt tests of qualifications to be possessed by any
25 persons actually engaged in gas fitting work and shall require that any person
26 performing work as a gas fitter or master gas fitter shall possess a license issued by
27 the board.
28 (3) The board shall adopt rules and regulations waiving any examination
29 requirements imposed on persons performing gas fitting work who satisfy the
30 performance conditions described in R.S. 37:2156.1(M) prior to July 1, 2016.
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1 (4) For all other purposes of regulation, testing, and licensing pursuant to the
2 provisions of this Chapter, the regulation, testing, and licensing of gas fitters by the
3 board shall be subject to the same requirements and treated in the same manner as
4 the regulation, testing, and licensing of plumbers.
5 §1367. License required, journeyman and master plumber; medical gas piping
6 installer; medical gas and vacuum systems verifier; water supply protection
7 specialist endorsement; gas fitter and master gas fitter; local examination
8 preempted
9 * * *
10 J.(1) No person shall engage in performing the work of a gas fitter or master
11 gas fitter unless he possesses a license or renewal thereof issued by the board.
12 (2) The provisions of this Subsection shall not apply to work performed by
13 persons on their own residences.
14 §1368. Issuance of journeyman and master plumber's license; medical gas piping
15 and installation license; medical gas and vacuum systems verifier license;
16 water supply protection specialist endorsement; exemption; gas fitter license
17 * * *
18 J.(1) The board shall issue a gas fitter license to any person who satisfies the
19 following requirements:
20 (a) Completion and satisfactory passage of a written and manual examination
21 administered either by the board or by a recognized third-party certifier.
22 (b) Compliance with all requirements of the applicable provisions of this
23 Chapter and all requirements imposed by any rules and regulations promulgated by
24 the board.
25 (2) The board shall adopt a nationally recognized code or codes regulating
26 gas fitting as the basis for the administered examination, as required by Paragraph
27 (1) of this Subsection, and for any inspections of gas fitting performed by any person
28 subject to the provisions of this Chapter.
29 * * *
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1 §1371. Fees
2 A.(1) The board may fix and charge reasonable examination, licensing, and
3 renewal fees for journeyman and master plumbers, temporary permit fees for
4 journeyman plumbers, restricted license fees for journeyman and master plumbers,
5 and renewal fees for inactive master plumbers. The board may fix and charge
6 reasonable examination, licensing, and renewal fees for persons engaged in the work
7 or business of medical gas piping installation and for persons engaged in the work
8 or business of a medical gas and vacuum system verifier. The board may also fix
9 and charge reasonable examination, licensing, and renewal fees associated with
10 endorsements issued to journeyman or master plumbers relative to the work of a
11 water supply protection specialist. These fees shall not exceed the amount required
12 to maintain the board and pay the expenses of operating the board and enforcing the
13 provisions of this Chapter.
14 (2) For the purposes of this Section, gas fitters shall be subject to the same
15 provisions that are imposed on journeyman plumbers, except for those included in
16 Subparagraph (B)(1)(b) of this Section.
17 * * *
18 §1372. Inspections
19 The board shall at reasonable times and hours inspect plumbing work,
20 medical gas piping installation, gas fitting work, and the work of water supply
21 protection specialists under its jurisdiction to assure compliance with this Chapter.
22 The board may appoint and compensate special enforcement officers for this
23 purpose.
24 §1373. Injunctions
25 A. The board may enjoin any person from engaging in doing the work of a
26 journeyman plumber, master plumber, medical gas piping installer, medical gas and
27 vacuum systems verifier, gas fitter, master gas fitter, or water supply protection
28 specialist wherever it appears that a person is violating or is conspiring to violate the
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1 provisions of this Chapter. The board may also enjoin an employing entity from
2 violating or conspiring to violate the provisions of this Chapter.
3 * * *
4 §1374. Penalty
5 * * *
6 B.(1) Upon receipt of a complaint from a consumer for whom the work was
7 performed, the Louisiana State Plumbing Board shall have the authority to fine any
8 person, or employing entity, who performs plumbing work or engages in the business
9 of plumbing while not possessing a license or endorsement issued by the board or
10 otherwise in violation of this Chapter, subject to the provisions of the Administrative
11 Procedure Act, an amount not more than five thousand dollars. The monies collected
12 pursuant to this Subsection shall be used by the board in a manner consistent with
13 R.S. 37:1371.
14 (2) The provisions of Paragraph (1) of this Subsection also apply to
15 unlicensed gas fitters.
16 * * *
17 §1377. Definitions; exceptions
18 * * *
19 I. Gas Fitter. A "gas fitter" includes any natural person who possesses the
20 necessary qualifications and knowledge to install, alter, repair, improve, remove, or
21 test natural gas piping, tanks, and appliances annexed to real property but does not
22 include any person who is licensed by the Louisiana Liquefied Petroleum Gas
23 Commission or any services or work performed pursuant to such a license.
24 J. Master Gas Fitter. A "master gas fitter" includes any natural person who
25 possesses the necessary skills, abilities, proficiency, and qualifications to plan and
26 lay out the details for installing and supervising the work of installing, repairing, and
27 maintaining types of materials and equipment used for the construction, repair,
28 removal, or improvement to natural gas piping systems and tanks annexed to real
29 property but does not include any person who is licensed by the Louisiana Liquefied
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1 Petroleum Gas Commission or any services or work performed pursuant to such a
2 license.
3 K. Gas Fitting. "Gas fitting" means the work or business of installing,
4 repairing, improving, altering, or removing natural gas piping, fittings, valves, or
5 tanks used for conveying fuel gas for appliances on or in premises or in buildings
6 annexed to real property. For purposes of this Chapter, gas fitting does not include
7 the following:
8 (1) The installation or maintenance of piping by any entity of a municipal or
9 gas district system that is subject to the regulatory authority of the Public Service
10 Commission, the New Orleans City Council, or the office of pipeline safety in the
11 Department of Natural Resources.
12 (2) Any work done by a person who is licensed by the Louisiana Liquefied
13 Petroleum Gas Commission or any other services performed pursuant to such a
14 license.
15 §1378. Revocation of licenses; other disciplinary actions
16 A. The board may, pursuant to the procedures provided in the Administrative
17 Procedure Act, revoke, suspend, or refuse to renew any license or endorsement
18 issued by the board to any natural person. Grounds for revocation, or lesser
19 disciplinary action, include but are not limited to the following:
20 * * *
21 (9) The habitual violation of any rules or regulations adopted by the board
22 by a gas fitter or master gas fitter.
23 (10) The violation of any municipal code, any other code adopted by the
24 board related to gas fitting not otherwise preempted by this Chapter, or any other
25 related regulation as evidenced by an adjudication from a local governing authority.
26 (11) The refusal of a master gas fitter to accurately designate an employing
27 entity or provide notice of any change in employment with an employing entity.
28 * * *
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1 Section 2. This Act shall become effective on January 1, 2017.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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