Louisiana 2018 2018 Regular Session

Louisiana House Bill HB785 Comm Sub / Analysis

                    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 785 Original	2018 Regular Session	Carmody
Abstract:  Excludes mechanical contractors licensed by the La. State Licensing Board for
contractors under the subclassification of heating, ventilation, air conditioning, duct work,
and refrigeration from certain plumbing provisions. 
Present law designates the State Plumbing Board (hereinafter "plumbing board") as the sole and
exclusive agency in this state empowered to license any natural person or regulated business entity
engaged or seeking to engage in the business of gas fitting work for the general public.  Gas fitting
work includes installation, repair, improvement, alterations, or removal of natural gas piping, tanks,
and appliances annexed to real property.
Proposed law retains present law.
The provisions of present law do not supersede authority of the La. State Licensing Board for
Contractors (hereinafter "contractors board") to regulate mechanical contractors as defined in present
law.  
Proposed law expands the present law reference to mechanical contractors to include mechanical
contractors classified under the heating, ventilation, and air conditioning (hereinafter "HVAC"), duct
work, and refrigeration subclassification of mechanical contractors.  Proposed law otherwise retains
present law.
Present law prohibits a person from performing the work of a gas fitter or master gas fitter unless
such person possesses a license or renewal license issued by the plumbing board.  The present law
prohibition does not apply to work performed by persons on their own residences.
Proposed law retains present law.
Proposed law provides that the present law requirement to obtain a gas fitter or master gas fitter
license does not apply to a mechanical contractor licensed by the contractors board who is either of
the following:
(1)  Engaged or seeking to engage in the business of HVAC, duct work, and refrigeration.
(2)  Classified under the HVAC, duct work, and refrigeration subclassification of mechanical
contractors as provided in present law, including the performance of services or other work pursuant
to such license. Present law provides that a gas fitter includes any natural person who possesses the necessary
qualifications and knowledge to install, alter, repair, improve, remove, or test natural gas piping,
tanks, and appliances annexed to real property.  Provides that a gas fitter does not include any person
licensed by the La. Liquefied Petroleum Gas Commission or any services or work performed
pursuant to such license.  
Proposed law adds that a gas fitter includes a business entity licensed or permitted by the La.
Liquefied Petroleum Gas Commission.  Proposed law otherwise retains present law.
Present law provides that a master gas fitter includes any natural person who possesses the necessary
skills, abilities, proficiency, and qualifications to plan and lay out the details for installing and
supervising the work of installing, repairing, and maintaining types of materials and equipment used
for the construction, repair, removal, or improvement to natural gas piping systems and tanks
annexed to real property.  Provides that a master gas fitter does not include any person licensed by
the La. Liquefied Petroleum Gas Commission or any services or work performed pursuant to such
license.
Proposed law adds that a gas fitter includes a business entity licensed or permitted by the La.
Liquefied Petroleum Gas Commission.  Proposed law otherwise retains present law.
Proposed law adds that a gas fitter and master gas fitter also does not include a person or business
entity licensed by the contractors board as a mechnical contractor who is either of the following:
(1)  Engaged or seeking to engage in the business of HVAC, duct work, and refrigeration.
(2)  Classified under the HVAC, duct work, and refrigeration subclassification of mechanical
contractors as provided in present law, including the performance of services or other work pursuant
to such license.
Present law provides that gas fitting means the work or business of installing, repairing, improving,
altering, or removing natural gas piping, fittings, valves, or tanks used for conveying fuel gas for
appliances on or in premises or in buildings annexed to real property. Provides that gas fitting does
not include the following:
(1)  Installation or maintenance of piping by any entity of a municipal or gas district system subject
to the regulatory authority of the Public Service Commission, the N.O. City Council, or the office
of pipeline safety in the Dept. of Natural Resources.
(2)  Any work done by a person who is licensed by the La. Liquefied Petroleum Gas Commission
or any other services performed pursuant to such a license.
Proposed law adds that gas fitting also does not include any service or work performed by a person
or business entity licensed by the contractors board as a mechnical contractor who is either of the
following: (1)  Engaged or seeking to engage in the business of HVAC, duct work, and refrigeration.
(2)  Classified under the HVAC, duct work, and refrigeration subclassification of mechanical
contractors as defined in present law, including the performance of services or other work pursuant
to such license.
Proposed law otherwise retains present law.
Effective upon signature of governor or June 1, 2018, whichever occurs earlier.
(Amends R.S. 37:1361(F)(1)(b)(i) and 1377(I) and (J); Adds R.S. 37:1361(F)(3), 1367(J)(3), and
1377(K)(3))