HLS 18RS-748 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 653
BY REPRESENTATIVE SIMON
FIRE PROTECT/FIRE MARSHAL: Provides relative to conveyance devices
1 AN ACT
2To amend and reenact R.S. 40:1646(A) through (C), 1664.3(introductory paragraph), (4),
3 and (37), 1664.5(introductory paragraph) and (10), 1664.9(A), (C)(introductory
4 paragraph), and (D) through (J), 1664.11(A)(introductory paragraph), (1)(a), and
5 (D), and 1664.12(introductory paragraph) and (3) and to enact R.S. 40:1646(E),
6 1664.3(62) through (67), 1664.9(C)(11), (K), and (L), 1664.10(9), and 1664.17,
7 relative to life safety systems and equipment under the authority of the state fire
8 marshal; to provide for the inclusion of conveyance devices and related regulatory
9 provisions; to add and expand with respect to certain definitions; to provide with
10 respect to certain license endorsements and related fees; to amend relative to a
11 certain board; to require certifications; to provide exemptions relative to local
12 governing authorities; to provide for effectiveness; and to provide for related matters.
13Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 40:1646(A) through (C), 1664.3(introductory paragraph), (4), and
15(37), 1664.5(introductory paragraph) and (10), 1664.9(A), (C)(introductory paragraph), and
16(D) through (J), 1664.11(A)(introductory paragraph), (1)(a), and (D), and
171664.12(introductory paragraph) and (3) are hereby amended and reenacted and R.S.
1840:1646(E), 1664.3(62) through (67), 1664.9(C)(11), (K), and (L), 1664.10(9), and 1664.17
19are hereby enacted to read as follows:
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1 §1646. State fire marshal; owners; life safety systems and equipment inspections
2 A. The fire marshal is authorized to cause the inspection, certification, and
3 testing of all life safety systems and equipment in the state, whether in public or
4 private buildings, during installation or immediately after installation to determine
5 compliance with applicable codes, standards, and manufacturer specifications.
6 B. The owner of any building containing a life safety system and equipment
7 shall cause at a minimum an annual inspection and certification to be made of the life
8 safety system and equipment in that building to assure compliance with applicable
9 safety standards and to determine whether structural changes in the building or in the
10 contents of the building mandate alteration of a system.
11 C. Life safety systems and equipment includes but is not limited to fire
12 sprinkler, fire alarm, fire suppression, special locking systems and equipment, and
13 portable fire extinguishers, and conveyance devices.
14 * * *
15 E. A licensed conveyance device mechanic who installs new conveyance
16 devices or a qualified representative shall be onsite for the final acceptance
17 inspection by a conveyance device inspector.
18 * * *
19 §1664.3. Definitions
20 As used in this Subpart, the following terms shall have the meanings
21 specified in this Section:
22 * * *
23 (4) "Certify" means to attest to the proper functionality, inspection,
24 installation, integration, programming, and service of life safety and property
25 protection systems and equipment in accordance with all applicable engineered
26 specifications, manufacturer's manufacturer specifications, and submitted plans and
27 per the inspection, testing, testing and maintenance chapters as set forth in the
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1 applicable NFPA codes and standards NFPA, ASME, ANSI, and ASCE codes,
2 standards, and manufacturer specifications.
3 * * *
4 (37)(a) "Life safety and property protection contracting" means performing
5 certification, inspection, installation, integration, programming, sale, or service of
6 systems and equipment designed to protect life and property. Life safety and
7 property protection systems and equipment include but is not limited to mechanical
8 or electronic locks, special locking systems and equipment, security systems and
9 equipment, fire sprinkler systems and equipment, fire detection and alarm systems
10 and equipment, fire suppression systems and equipment, and portable fire
11 extinguishers, and fire hoses, and conveyance devices. Life safety and property
12 protection contracting includes but is not limited to the sale, lease, rent, planning
13 with the intent to prewire, prewiring, hydrostatic testing, erection, construction,
14 dismantling, maintenance, repair, testing, modification, improvement, or alteration
15 of life safety systems and equipment; equipment, holding oneself or one's firm out
16 for hire to perform any such task; task, or otherwise offering to perform any such
17 task for compensation, either directly or indirectly.
18 (b) Notwithstanding any other provision of this Subpart, no a person licensed
19 under as provided in this Subpart may shall not install primary power sources of one
20 hundred volts or greater when such power source is being installed to operate low
21 voltage systems, unless the person is licensed by the State Licensing Board for
22 Contractors to perform such installations.
23 * * *
24 (62) "ANSI" means the American National Standards Institute.
25 (63) "ASCE" means the American Society of Civil Engineers.
26 (64) "ASME" means the American Society of Mechanical Engineers.
27 (65) "Conveyance" or "conveyance device" means any of the following,
28 except those located in one- or two-family dwellings as defined in R.S. 40:1573:
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1 (1) Hoisting and lowering mechanisms, including elevators, platform lifts,
2 and stairway chair lifts equipped with a car or platform, which move between two
3 or more landings.
4 (2) Power-driven stairways and walkways, including escalators and moving
5 walks, for carrying persons between landings.
6 (3) Hoisting and lowering mechanisms, including dumbwaiters and material
7 lifts with dumbwaiters with automatic transfer devices equipped with a car, and
8 which serve two or more landings, and are restricted to the carrying of material by
9 their limited size or limited access.
10 (66) "Conveyance device inspector" means any person engaged in the
11 certification or inspection of a conveyance device.
12 (67) "Conveyance device mechanic" means any person engaged in the
13 erecting, constructing, installing, altering, servicing, dismantling, maintaining, or
14 testing of a conveyance device.
15 * * *
16 §1664.5. Exemptions to licensure
17 The requirements for licensure shall not apply to any of the following persons
18 or entities:
19 * * *
20 (10) Any manufacturer, and his employee or representative, who acts as a
21 consultant to a licensed firm in the certifying, inspecting, installation, integrating,
22 programming, selling, and servicing of life safety and property protection systems
23 regulated by this Subpart while under the direct supervision of the licensed firm.
24 * * *
25 §1664.9. Fees; license endorsements for firms and persons; certifications; Louisiana
26 Life Safety and Property Protection Trust Fund
27 A. The state fire marshal is authorized to assess and collect fees pursuant to
28 this Subpart. License endorsements are separated into the two general categories of
29 Property Protection and Life Safety. The Property Protection category is subdivided
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1 into the Technical Endorsements of Locksmith, Door Hardware, and Security. The
2 Life Safety category is subdivided into the Technical Endorsements of Fire
3 Sprinkler, Fire Suppression, Fire Alarm, Portable Fire Extinguishers and Hoses,
4 Conveyance Devices, and DOT Hydrostatic Testing. Technical endorsements may
5 further be divided into specialty endorsements. A technical endorsement holder is
6 authorized to perform all life safety and property protection contracting authorized
7 by the specialty endorsements within the specific technical endorsement category.
8 Specialty endorsement holders are limited to only life safety and property protection
9 contracting authorized by that specialty endorsement.
10 * * *
11 C. The amount of licensing fees for a person shall be are as follows:
12 * * *
13 (11) Technical Endorsement - Conveyance Device
14 (a) Conveyance Device Inspector $100 $50
15 (b) Conveyance Device Mechanic $100 $50
16 D.(1) The technical endorsements provided for in Paragraph (C)(11) of this
17 Section shall be issued to a person who has received at least one of the following
18 certifications:
19 (a) Certified Elevator Technician (CET) certification provided by the
20 National Association of Elevator Contractors.
21 (b) Certification provided by the National Elevator Industry Educational
22 Program.
23 (c) Qualified Elevator Inspectors (QEI) certification provided by the
24 National Association of Elevator Safety Authorities.
25 (2) A person who currently holds a technical endorsement provided for in
26 Paragraph (C)(11) of this Section, but has not acquired the certification described in
27 Paragraph (1) of this Subsection, is not prohibited from actively working pursuant
28 to the issuance of the license endorsement, but such person is required to obtain at
29 least one of the certifications within three years from the date the person receives
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1 notice from the office of state fire marshal that such person is required to comply
2 with the provisions of this Subsection.
3 D. E. All licenses are valid for one year, unless a multi-year license is
4 created, and shall be renewed within thirty days of its expiration date to remain valid.
5 The state fire marshal may create a prorated fee system to allow employee license
6 renewal dates to coincide with the firm license renewal date.
7 E. F. A license not renewed within thirty days of its expiration date shall be
8 considered past due and subject to late fees. The late fee penalty shall be twenty-five
9 dollars for a license not renewed before thirty-one to forty-five days past the
10 expiration date and fifty dollars for a license not renewed before forty-six to sixty
11 days past the expiration date.
12 F. G. A license shall be suspended if not renewed within sixty days of its
13 expiration date or if the license holder has not maintained the license. The cost to
14 reinstate a suspended license shall be the cost of the initial fees plus twenty dollars.
15 G. H. The cost for a duplicate or replacement firm or individual license is
16 twenty dollars, regardless of how many endorsements are carried.
17 H. I. The cost to transfer an individual license from one firm to another is
18 twenty dollars.
19 I. J. The fees established in this Section shall not be refundable except under
20 such conditions as the state fire marshal may establish.
21 J.(1) K.(1) The owner or his designee of an installed conveyance device,
22 except those exempt pursuant to R.S. 40:1664.5(B), shall register the conveyance
23 device with the office of state fire marshal.
24 (2) A firm that installs a conveyance device shall register the conveyance
25 device with the office of state fire marshal within thirty days of its installation.
26 L.(1) Subject to the exceptions contained in Article VII, Section 9 of the
27 Constitution of Louisiana, all monies received by the state fire marshal pursuant to
28 this Subpart, including but not limited to fees and fines, shall be deposited
29 immediately upon receipt in the state treasury and shall be credited to the Bond
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1 Security and Redemption Fund. Out of the funds remaining in the Bond Security
2 and Redemption Fund after a sufficient amount is allocated from that fund to pay all
3 obligations secured by the full faith and credit of the state which become due and
4 payable within any fiscal year, the treasurer, prior to placing such remaining funds
5 in the state general fund, shall pay an amount equal to the total amount of funds paid
6 into the state treasury by the state fire marshal pursuant to this Subpart into a special
7 fund which is hereby created in the state treasury and designated as the Louisiana
8 Life Safety and Property Protection Trust Fund.
9 (2) The monies in the Louisiana Life Safety and Property Protection Trust
10 Fund shall be used solely for implementation, administration, and enforcement of
11 this Subpart, and thereafter, for fire education or emergency response by the state fire
12 marshal and only in the amounts appropriated each year to the state fire marshal or
13 the board by the legislature. Any surplus monies and interest remaining to the credit
14 of the fund on June thirtieth of each year after all such appropriations of the
15 preceding fiscal year have been made shall remain to the credit of the fund, and no
16 part thereof shall revert to the state general fund.
17 §1664.10. Powers and duties of state fire marshal
18 The state fire marshal shall:
19 * * *
20 (9) Upon notification by a fire chief or his designee, order a special
21 investigation of any conveyance device accident resulting in any human injury or
22 death within this state.
23 §1664.11. Life Safety and Property Protection Advisory Education Board
24 A. The Life Safety and Property Protection Advisory Education Board is
25 hereby created and placed within the Department of Public Safety and Corrections
26 as further provided by R.S. 36:409(M) and 919.3. The board shall be composed of
27 thirteen fifteen members, as follows:
28 (1)(a) Twelve Fourteen members shall be appointed by the governor from
29 a list of nominees submitted to the governor by any licensed firm, the Louisiana Life
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1 Safety and Security Association, the Louisiana Fire Sprinkler Association, and the
2 Louisiana Automatic Fire Alarm Association, or any conveyance device trade
3 association.
4 * * *
5 D. Five Eight members of the board shall constitute a quorum for the
6 transaction of business. The board may take action by a majority vote of its
7 members present and voting.
8 * * *
9 §1664.12. Prohibited acts
10 No A person or firm shall not do any of the following:
11 * * *
12 (3) Certify, dismantle, inspect, install, integrate, program, sell, or service life
13 safety and property protection systems contrary to plans submitted for review,
14 applicable NFPA, ASME, ANSI, or ASCE codes, standards, or manufacturer's
15 manufacturer specifications without specific written authorization from the office of
16 the state fire marshal.
17 * * *
18 §1664.17. Local governing authorities; exemption
19 A municipality or parish that has adopted and is enforcing a nationally
20 recognized standard or code for conveyance devices may continue to enforce such
21 standard or code, and in such instances, no additional inspections shall be required
22 under the provisions of this Subpart; however, such standard or code shall contain
23 requirements that are substantially equal to the fire marshal's code with respect to
24 conveyance devices.
25 Section 2. The state fire marshal is authorized to cause the inspection, certification,
26and testing described in R.S. 40:1646(A) upon the effective date of this Act until July 1,
272024.
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1 Section 3. The registration required in R.S. 40:1664.9(K)(1) as enacted by Section
21 of this Act shall be applicable to the owner or his designee of a conveyance device
3installed prior to July 1, 2019.
4 Section 4. The registration required in R.S. 40:1664.9(K)(2) as enacted by Section
51 of this Act shall be applicable to a firm that installs a conveyance device on or after July
61, 2019.
7 Section 5. The provisions of this Act shall become effective January 1, 2019.
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 653 Engrossed 2018 Regular Session Simon
Abstract: Expands applicability of law to conveyance devices and includes such devices
as life safety systems and equipment under the authority of the state fire marshal.
Present law (R.S. 40:1646 et seq.) provides for the Inspection of Life Safety Systems and
Equipment. Provides "life safety systems and equipment" includes but is not limited to fire
sprinklers, fire alarms, fire suppression, special locking systems and equipment, and portable
fire extinguishers.
Proposed law expands present law to include application to "conveyance devices". Adds
other provisions relative to such devices, including but not limited to certifications,
construction, programming, and dismantling.
Present law provides for Life Safety and Property Protection Licensing.
Proposed law expands the applicability of present law licensing to include "conveyance
devices". Adds other provisions, including but not limited to certifications, construction,
programming, and dismantling of such devices.
Present law provides for definitions.
Proposed law modifies "certify" and "life safety and property protection contracting" as
defined in present law. Further adds the following definitions: "ANSI", "ASCE", "ASME",
"conveyance" or "conveyance device", "conveyance device inspector", and "conveyance
device mechanic".
Present law authorizes the fire marshal to inspect and test all life safety systems and
equipment in this state to determine compliance with applicable standards.
Proposed law expands present law to authorize the fire marshal's certification of such
systems and equipment to determine compliance with applicable codes and manufacturer
specifications.
Proposed law requires a licensed conveyance device mechanic who installs new conveyance
devices or a qualified representative to be onsite for the final acceptance inspection by a
conveyance device inspector.
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Present law provides that licensure requirements do not apply to 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 while under the direct supervision of the licensed firm.
Proposed law adds programming to the provisions of present law. Otherwise retains present
law.
Present law authorizes the fire marshal to assess and collect certain fees relative to license
endorsements with respect to 2 categories: (1) Property Protection and (2) Life Safety.
Proposed law adds Conveyance Devices as a division within the Life Safety category and
requires a technical license endorsement for such devices.
Proposed law provides the following 2 technical license endorsements for persons. Provides
an initial fee of $100.00 and a renewal fee of $50.00 for each, respectively:
(1) Conveyance Device Inspector.
(2) Conveyance Device Mechanic.
Proposed law requires a person who obtains a technical license endorsement to receive at
least one of the following certifications:
(1) Certified Elevator Technician (CET) certification provided by the National Association
of Elevator Contractors.
(2) Certification provided by the National Elevator Industry Educational Program.
(3) Qualified Elevator Inspectors (QEI) certification provided by the National Association
of Elevator Safety Authorities.
Further provides that a person who currently holds a technical license endorsement, but has
not acquired the required certification, is not prohibited from actively working pursuant to
the issuance of the license endorsement, but such person is required to obtain at least one of
the certifications described in proposed law within three years from the date the person
receives notice from the fire marshal that such person is required to become certified.
Proposed law requires the owner of a conveyance device installed prior to July 1, 2019,
except those exempt pursuant to present law, to register the conveyance device with the
office of state fire marshal on or before Dec. 1, 2019. Requires a firm installing conveyance
devices on or after July 1, 2019 to register the conveyance device with the office of state fire
marshal within 30 days of its installation.
Present law provides certain duties and powers of the fire marshal.
Proposed law expands such duties and power to include the ordering of a special
investigation of any conveyance device accident resulting in human injury or death.
Provides for such special investigation upon notification by a fire chief or his designee.
Present law provides for the Life Safety and Property Advisory Board. Provides for the
board to be composed of 13 members. Requires 12 members to be appointed by the
governor from a list of nominees submitted to the governor from particular entities. Further
provides 5 members of the board constitutes a quorum for the transaction of business.
Proposed law amends present law to provide for the Life Safety and Property Education
Board. Increases the number of board members from 13 to 15. Increases the number of
members to be appointed by the governor from 12 to 14. Expands the entities authorized to
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submit nominees to the governor to include a licensed firm or any conveyance device trade
association. Increases the number of board members constituting a quorum from 5 to 8.
Present law prohibits persons or firms from certifying, inspecting, installing, integrating,
selling, or servicing life safety and property protection contrary to plans submitted for
review, applicable NFPA codes, standards, or manufacturer specifications without specific
written authorization from the office of the state fire marshal.
Proposed law adds dismantling and programming as prohibitions without proper
authorization. Adds ASME, ANSI, or ASCE codes as applicable codes for compliance.
Clarifies that "life safety and property protection" as stated in present law refers to life safety
and property protection systems.
Proposed law exempts a municipality or parish from the provisions of present law and
proposed law if such municipality or parish has adopted and is enforcing a nationally
recognized standard or code for conveyance devices. Authorizes the municipality or parish
to continue enforcing the national standard or code and requires no additional inspections.
Further requires the national standard or code to contain requirements substantially equal to
the fire marshal's code with respect to conveyance devices.
Effective Jan. 1, 2019.
(Amends R.S. 40:1646(A) - (C), 1664.3(intro. para.), (4), and (37), 1664.5(intro. para.) and
(10), 1664.9(A), (C)(intro. para.), and (D) - (J), 1664.11(A)(intro. para.), (1)(a), and (D),
and 1664.12(intro. para.) and (3); Adds R.S. 40:1646(E), 1664.3(62) - (67), 1664.9(C)(11),
(K), and (L), 1664.10(9), and 1664.17)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Provide that a qualified representative is an authorized person to be onsite for a
conveyance device inspector's final acceptance inspection.
2. Add to present law that licensure requirements do not apply to any manufacturer,
and his employee or representative, who acts as a consultant to a licensed firm
in the programming of life safety and property protection systems under the
direct supervision of the licensed firm.
3. Require persons who obtain technical license endorsements to receive at least
one of the following certifications:
(a) Certified Elevator Technician (CET) certification provided by the National
Association of Elevator Contractors.
(b) Certification provided by the National Elevator Industry Educational
Program.
(c) Qualified Elevator Inspectors (QEI) certification provided by the National
Association of Elevator Safety Authorities.
4. Provide that a person who currently holds a technical license endorsement, but
has not acquired the required certification, is not prohibited from actively
working pursuant to the issuance of the license endorsement, but such person is
required to obtain at least one of the certifications within three years from the
date the person receives notice from the office of state fire marshal that such
person is required to become certified.
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5. Exempt a municipality or parish from the provisions of present law and proposed
law if such municipality or parish has adopted and is enforcing a nationally
recognized standard or code for conveyance devices.
6. Authorize such a municipality or parish to continue to enforce the national
standard or code and requires no additional inspections.
7. Require the national standard or code to contain requirements substantially equal
to the fire marshal's code with respect to conveyance devices.
8. Authorize the fire marshal to inspect, certify, and test conveyance devices
according to present law and proposed law upon the effective date of the
proposed legislation until July 1, 2024.
9. Require the owner or his designee of a conveyance device installed prior to July
1, 2019 to register the conveyance device in compliance with proposed law.
10.Require a firm that installs a conveyance device on or after July 1, 2019 to
register the conveyance device in compliance with proposed law.
11.Make technical changes.
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