Louisiana 2018 2018 Regular Session

Louisiana Senate Bill SB482 Engrossed / Bill

                    SLS 18RS-787	REENGROSSED
2018 Regular Session
SENATE BILL NO. 482
BY SENATOR RISER 
CONTRACTORS.  Provides relative to licensed mechanical contractors.  (6/10/18)
1	AN ACT
2 To amend and reenact R.S. 37:1361(F)(1)(b)(i), 1377 (I),(J), and the introductory paragraph
3 of (K) and to enact R.S. 37:1361(F)(3), 1367(J)(3) and 1377(K)(3), relative to
4 mechanical contractors; to provide relative to scope of practice; to provide for
5 exceptions; to provide for certain terms and conditions; to provide for an effective
6 date; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 37:1361(F)(1)(b)(i), 1377 (I),(J), and the introductory paragraph of
9 (K) are hereby amended and reenacted and R.S. 37:1361(F)(3), 1367(J)(3), and 1377(K)(3)
10 are hereby enacted to read as follows:
11 §1361.  State Plumbing Board, appointments; qualifications; legislative intent;
12	authority
13	*          *          *
14	F.(1) *          *          *
15	(b)  Nothing in Subparagraph (a) of this Paragraph shall be construed to
16 supersede any of the following:
17	(i)  The authority of the State Licensing Board for Contractors to regulate
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 482
SLS 18RS-787	REENGROSSED
1 mechanical contractors as defined in R.S. 37:2150.1, including mechanical
2 contractors classified under the heat, air conditioning, ventilation, duct work,
3 and refrigeration subclassification of mechanical contractors pursuant to R.S.
4 37:2156.2.
5	*          *          *
6	(3)  Notwithstanding any provision of law to the contrary, the provisions
7 of this Subsection shall not apply to any service or work performed by a person
8 who is licensed by the State Licensing Board for Contractors as a mechanical
9 contractor or any service or work performed pursuant to such license. The
10 provisions of this Paragraph shall apply to a licensed mechanical contractor
11 who is either:
12	(a)  Engaged or who seeks to engage in the business of heat, air
13 conditioning, ventilation, duct work, and refrigeration.
14	(b)  Classified under the heat, air conditioning, ventilation, duct work,
15 and refrigeration subclassification of mechanical contractors pursuant to R.S.
16 37:2156.2.
17	*          *          *
18 §1367. License required; tradesman, journeyman, and master plumber; medical gas
19	piping installer; medical gas and vacuum systems verifier; water
20	supply protection specialist endorsement; gas fitter and master gas
21	fitter; local examination preempted
22	*          *          *
23	J.	*          *          *
24	(3)  Notwithstanding any provision of law to the contrary, the provisions
25 of Paragraph (1) of this Subsection shall not apply to any service or the work
26 performed by a mechanical contractor licensed by the State Licensing Board for
27 Contractors or any service or work performed pursuant to such license. The
28 provisions of this Paragraph shall apply to a licensed mechanical contractor
29 who is either:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 482
SLS 18RS-787	REENGROSSED
1	(a)  Engaged or who seeks to engage in the business of heat, air
2 conditioning, ventilation, duct work, and refrigeration.
3	(b)  Classified under the heat, air conditioning, ventilation, duct work,
4 and refrigeration subclassification of mechanical contractors pursuant to R.S.
5 37:2156.2.
6	*          *          *
7 §1377. Definitions; exceptions
8	*          *          *
9	I. Gas Fitter. A "gas fitter" includes any natural person who possesses the
10 necessary qualifications and knowledge to install, alter, repair, improve, remove, or
11 test natural gas piping, tanks, and appliances annexed to real immovable property
12 but does not include either of the following:
13	(1)  any Any person who is licensed by the Louisiana Liquefied Petroleum
14 Gas Commission or any services or work performed pursuant to such a license.
15	(2)  Any person or business entity that is licensed by the State Licensing
16 Board for Contractors as a mechanical contractor or any service or work
17 performed pursuant to such a license.  The provisions of this Paragraph shall
18 apply to a licensed mechanical contractor who is either:
19	(a)  Engaged or seeks to engage in the business of heat, air conditioning,
20 ventilation, duct work, and refrigeration.
21	(b)  Classified under the heat, air conditioning, ventilation, duct work,
22 and refrigeration subclassification of mechanical contractors pursuant to R.S.
23 37:2156.2.
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 immovable property but does not include either of the following:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 482
SLS 18RS-787	REENGROSSED
1	(1)  any Any person who is licensed by the Louisiana Liquefied Petroleum
2 Gas Commission or any services or work performed pursuant to such a license.
3	(2)  Any person or business entity that is licensed by the State Licensing
4 Board for Contractors as a mechanical contractor or any service or work
5 performed pursuant to such a license.  The provisions of this Paragraph shall
6 apply to a licensed mechanical contractor who is either:
7	(a)  Engaged or seeks to engage in the business of heat, air conditioning,
8 ventilation, duct work, and refrigeration.
9	(b)  Classified under the heat, air conditioning, ventilation, duct work,
10 and refrigeration subclassification of mechanical contractors pursuant to R.S.
11 37:2156.2.
12	K. Gas Fitting. "Gas fitting" means the work or business of installing,
13 repairing, improving, altering, or removing natural gas piping, fittings, valves, or
14 tanks used for conveying fuel gas for appliances on or in premises or in buildings
15 annexed to real immovable property. For purposes of this Chapter, gas fitting does
16 not include the following:
17	*          *          *
18	(3)  Any person or business entity that is licensed by the State Licensing
19 Board for Contractors as a mechanical contractor or any service or work
20 performed pursuant to such a license.  The provisions of this Paragraph shall
21 apply to a licensed mechanical contractor who is either:
22	(a)  Engaged or who seeks to engage in the business of heat, air
23 conditioning, ventilation, duct work, and refrigeration.
24	(b)  Classified under the heat, air conditioning, ventilation, duct work,
25 and refrigeration subclassification of mechanical contractors pursuant to R.S.
26 37:2156.2.
27 Section 2.  This Act shall become effective on June 10, 2018.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 482
SLS 18RS-787	REENGROSSED
The original instrument was prepared by Michelle D. Ridge. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy Wells.
DIGEST
SB 482 Reengrossed 2018 Regular Session	Riser
Present law authorizes the State Plumbing Board to license any person or regulated business
entity who is engaged or who seeks to engage in the business of gas fitting for the general
public that includes installation, repair, improvement, alterations, or removal of natural gas
piping, tanks, and appliances annexed to real property. 
Present law shall not be construed to supersede the authority of the State Licensing Board
for Contractors to regulate mechanical contractors.
Proposed law specifies that the present law exemption shall include mechanical contractors
classified under the heat, air conditioning, ventilation, duct work, and refrigeration
subclassification of mechanical contractors.
Proposed law provides that present law shall not apply to any service or work performed by
a person who is licensed by the State Licensing Board for Contractors as a mechanical
contractor or any service or work performed pursuant to such license.  Proposed law shall
apply to a licenced mechanical contractor who is:  (1) engaged or seeks to engage in the
business of heat, air conditioning, ventilation, duct work, and refrigeration; or (2) classified
under the heat, air conditioning, ventilation, duct work, and refrigeration subclassification
of mechanical contractors.
Present law defines "gas fitter", "master gas fitter", and "gas fitting."
Proposed law exempts from present law definitions any person or business entity that is
licensed by the State Licensing Board for Contractors as a mechanical contractor or any
service or work performed pursuant to such a license.  Proposed law shall apply to a licenced
mechanical contractor who is:  (1) engaged or seeks to engage in the business of heat, air
conditioning, ventilation, duct work, and refrigeration; or (2) classified under the heat, air
conditioning, ventilation, duct work, and refrigeration subclassification of mechanical
contractors.
Effective June 10, 2018.
(Amends 37:1361(F)(1)(b)(i), 1377(I), (J), and (K)(intro para); adds R.S. 37:1361(F)(3),
1367(J)(3) and 1377(K)(3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Makes Act effective June 10, 2018.
2. Makes technical changes.
Senate Floor Amendments to engrossed bill
1. Legislative bureau technical changes.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.