Louisiana 2020 2020 Regular Session

Louisiana House Bill HB821 Introduced / Bill

                    HLS 20RS-1294	ORIGINAL
2020 Regular Session
HOUSE BILL NO. 821
BY REPRESENTATIVE COUSSAN
FIRE PROTECT/FIRE MARSHAL:  Provides relative to the training, registration, and
certification of fire-stopping material applicators
1	AN ACT
2To amend and reenact R.S. 40:1603, relative to fire-resistant material applicators and fire-
3 stopping material applicators; to provide for training, registration, and certification;
4 to provide for definitions; to provide for violations; to provide for fines; to provide
5 for enforcement; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 40:1603 is hereby amended and reenacted to read as follows: 
8 ยง1603.  Fire-resistant material applicators and fire-stopping material applicators;
9	registration; fines
10	A.  As used in this Section, the following terms shall have the meaning
11 ascribed as follows:
12	(1)  "Fire-resistant material" means cementitious, intumescent, or fibrous
13 materials that are sprayed or applied onto a surface to provide fire-resistant
14 protection of the substrate.
15	(2)  "Fire-resistant material applicator" means an individual who applies fire-
16 resistant material. 
17	(3)  "Firestops" or "Fire-stopping material" means a listed and approved
18 material used as a form of passive fire protection that is utilized for sealing around
19 openings and penetrations in fire-rated walls or flooring.  The purpose of the
20 utilization of firestops or fire-stopping material is to impede the spread of fire and
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-1294	ORIGINAL
HB NO. 821
1 smoke from one room or area to an adjacent room or area.  This term does not
2 include fire-resistant material.
3	(4)  "Fire-stopping material applicator" means an individual who applies fire-
4 stopping material.
5	B.(1)(a)  Every fire-resistant material applicator shall undergo training to
6 apply fire-resistant material materials according to manufacturer specifications.
7	(b)  Every fire-stopping material applicator shall undergo training to apply
8 fire-stopping materials according to manufacturer specifications.
9	(2)  Every fire-resistant material applicator and fire-stopping material
10 applicator shall  annually register with the office of the state fire marshal.
11	(3)(a)  When a fire-resistant material applicator satisfactorily completes
12 training and registers  as required by this Subsection, the state fire marshal shall issue
13 a certificate which indicates that the fire-resistant material applicator is certified to
14 apply fire-resistant material materials in accordance with manufacturer
15 specifications.
16	(b)  When a fire-stopping material applicator satisfactorily completes training
17 and registers as required by this Subsection, the state fire marshal shall issue a
18 certificate which indicates that the fire-stopping material applicator is certified to
19 apply fire-stopping materials in accordance with manufacturer specifications.
20	C.  Any person applying fire-resistant material materials or fire-stopping
21 materials who does not receive the training, register, and obtain a certificate as
22 required in Subsection B of this Section shall be fined up to two hundred fifty dollars
23 per violation.
24	D.  The provisions of this Section shall be implemented, including a
25 procedure for the appeal of penalties, and enforced pursuant to the Administrative
26 Procedure Act.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-1294	ORIGINAL
HB NO. 821
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 821 Original 2020 Regular Session	Coussan
Abstract:  Provides relative to the training, registration, and certification of fire-stopping
material applicators.
Present law provides for a training, registration, and certification process for fire-resistant
material applicators.
Proposed law retains present law.
Proposed law defines "firestops" or "fire-stopping material".  
Proposed law provides that a fire-stopping material applicator is a person who applies fire-
stopping material.  Further, proposed law requires that the fire-stopping material applicator
obtain training in the application of fire-stopping materials according to manufacturer
recommendations.  Proposed law requires fire-stopping material applicators to register with
the office of state fire marshal.
Proposed law requires the state fire marshal to issue certificates to fire-stopping material
applicators who have completed the training and registered with the state fire marshal.
Proposed law establishes a fine of $250 per violation for any person applying fire-stopping
material without being certified.
(Amends R.S. 40:1603)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.