Louisiana 2019 2019 Regular Session

Louisiana House Bill HB172 Engrossed / Bill

                    HLS 19RS-462	ENGROSSED
2019 Regular Session
HOUSE BILL NO. 172
BY REPRESENTATIVE PIERRE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FIRE PROTECT/FIRE MARSHAL:  Provides relative to the training, registration, and
certification of fire-resistant material applicators
1	AN ACT
2To enact R.S. 40:1603, relative to fire-resistant material applicators; to provide for training,
3 registration, and certification; to provide definitions; to provide for violations; to
4 provide for fines; to provide for enforcement; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:1603 is hereby enacted to read as follows: 
7 ยง1603.  Fire-resistant material applicators; registration; fines
8	A.  As used in this Section, the following terms shall have the meaning
9 ascribed as follows:
10	(1)  "Fire-resistant material" means cementitious or fibrous materials that are
11 sprayed onto a surface to provide fire-resistant protection of the substrate.
12	(2)  "Fire-resistant material applicator" means an individual who applies fire-
13 resistant material.
14	B.(1)  Every fire-resistant material applicator shall undergo training to apply
15 fire-resistant material according to manufacturer specifications.
16	(2)  Every fire-resistant material applicator shall  annually register with the
17 office of the state fire marshal.
18	(3)  When a fire-resistant material applicator satisfactorily completes training
19 and registers as required by this Subsection, the state fire marshal shall issue a
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-462	ENGROSSED
HB NO. 172
1 certificate which indicates that the fire-resistant material applicator is certified to
2 apply fire-resistant material.
3	C. Any person applying fire-resistant material who does not receive the
4 training, register, and obtain a certificate as required in Subsection B of this Section
5 shall be fined up to two hundred-fifty dollars per violation.
6	D.  The provisions of this Section shall be implemented, including a
7 procedure for the appeal of penalties, and enforced pursuant to the Administrative
8 Procedure Act.
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 172 Engrossed 2019 Regular Session	Pierre
Abstract:  Provides for a training, registration, and certification process for fire-resistant
material applicators.
Proposed law provides that a fire-resistant material applicator is a person who applies fire-
resistant material to a surface.
Proposed law requires that the fire-resistant material applicator obtain training in the
application of fire-resistant material according to manufacturer recommendations.  
Proposed law further requires fire-resistant material applicators to register with the state fire
marshal's office.
Proposed law requires the fire marshal to issue certificates to fire-resistant material
applicators who have completed the required training and registered with the fire marshal.
Proposed law establishes a fine of $250 per violation for any person applying fire-resistant
material without being certified.
Proposed law provides that implementation, including appellate procedures, and
enforcement be pursuant to the Administrative Procedure Act.
(Adds R.S. 40:1603)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.