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      RS 40:1664.9     

  

            NOTE: §1664.9(Section heading) eff. until July 1, 2022. See Acts 2021, No. 114.

§1664.9. Fees; license endorsements for firms and persons; certifications; Louisiana Life Safety and Property Protection Trust Fund

NOTE: §1664.9(Section heading) as amended by Acts 2021, No. 114, eff. July 1, 2022.

§1664.9. Fees; license endorsements for firms and persons; certifications; Louisiana Life Safety and Property Protection Trust Dedicated Fund Account

            A. The state fire marshal is authorized to assess and collect fees pursuant to this Subpart. License endorsements are separated into the two general categories of Property Protection and Life Safety. The Property Protection category is subdivided into the Technical Endorsements of Locksmith, Door Hardware, and Security. The Life Safety category is subdivided into the Technical Endorsements of Fire Sprinkler, Fire Suppression, Fire Alarm, Portable Fire Extinguishers and Hoses, Conveyance Devices, and DOT Hydrostatic Testing. Technical endorsements may further be divided into specialty endorsements. A technical endorsement holder is authorized to perform all life safety and property protection contracting authorized by the specialty endorsements within the specific technical endorsement category. Specialty endorsement holders are limited to only life safety and property protection contracting authorized by that specialty endorsement. 

            B. The amount of licensing fees for a firm shall be as follows:

                                                                                                Initial fee        Renewal fee

            (1)(a) Technical Endorsement-Locksmith                $250                   $50

            (b) Specialty Endorsement:

            (i) Bank locking                                                        $250                   $50

            (ii) Detention locking                                                $250                   $50

            (2) Technical Endorsement-Door hardware              $250                   $50

            (3)(a) Technical Endorsement-Security                    $250                   $50

            (b) Specialty Endorsement:

            (i) Closed Circuit Television                                     $250                   $50

            (ii) Household fire                                                     $250                   $50

            (iii) Special Locking                                                  $250                   $50

            (4) Technical Endorsement-Fire Sprinkler                $500                   $250

            (5)(a) Technical Endorsement-                                 $350                   $100

            Fixed Fire Suppression

            (b) Specialty Endorsement:

            (i) Pre-engineered                                                      $350                   $100

            (ii) Kitchen suppression                                            $350                   $50

            (6)(a) Technical Endorsement-Fire Alarm                $350                   $100

            (b) Specialty Endorsement:

            (i) Fire alarm (Non-required)                                    $350                   $50

            (ii) Fire alarm owner                                                 $350                   $50

            (7) Technical Endorsement-                                      $350                   $150

            Portable Fire Extinguishers/Hoses

            (8) Technical Endorsement-                                      $350                   $50

            DOT hydrostatic testing

            C. The amount of licensing fees for a person are as follows:              Initial feeRenewal fee

            (1)(a) Technical Endorsement-Locksmith                $100                   $50

            (b) Specialty Endorsement:

            (i) Bank locking                                                        $100                   $50

            (ii) Detention locking                                                $100                   $50

            (2) Technical Endorsement-Door hardware

            specialist                                                                     $100                   $50

            (3)(a) Technical Endorsement-Security                    $100                   $50

            (b) Specialty Endorsement:

            (i) Closed Circuit Television                                     $100                   $50

            (ii) Household fire                                                     $100                   $50

            (iii) Security sales                                                      $100                   $50

            (iv) Special Locking                                                  $100                   $50

            (4) Technical Endorsement-                                      $100                   $50

            Fire Sprinkler Qualifier

            (5) Technical Endorsement-                                      $100                   $50

            Fire Sprinkler Inspector

            (6)(a) Technical Endorsement-                                 $50                     $50

            Fixed Fire Suppression

            (b) Specialty Endorsement:

            (i) Pre-engineered                                                      $50                     $50

            (ii) Kitchen suppression                                            $50                     $50

            (7)(a) Technical Endorsement-Fire Alarm                $50                     $50

            (b) Specialty Endorsement:

            (i) Fire alarm (Non-required)                                    $50                     $50

            (ii) Fire alarm owner                                                 $50                     $50

            (8) Technical Endorsement-                                      $50                     $50

            Portable Fire Extinguishers/Hoses

            (9) Technical Endorsement-                                      $25                     $25

            DOT hydrostatic testing

            (10) Specialty Endorsement-Apprentice                   $50                     $50

            (11) Technical Endorsement - Conveyance Device

            (a) Conveyance Device Inspector                             $100                   $50

            (b) Conveyance Device Mechanic                            $100                   $50

            D.(1) The technical endorsements provided for in Paragraph (C)(11) of this Section shall be issued to a person who has received certification developed and approved in accordance with R.S. 40:1664.11(G) or (H), or one of the following as applicable:

            (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 or the Qualified Elevator Inspectors Training Fund.

            NOTE: Paragraph (D)(2) eff. until Jan. 1, 2022. See Acts 2018, No. 598.

            (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, a person may obtain a technical endorsement as provided for in Paragraph (C)(11) of this Section and shall not be prohibited from actively working pursuant to the issuance of the license endorsement; however, such person shall obtain the certification as required in Paragraph (1) of this Subsection within one year from the date the technical endorsement was issued.

            (3)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, a conveyance device mechanic license shall be issued to a person who, through his licensed conveyance device firm, submits an application for licensure to the office of state fire marshal, with either of the following:

            (i) An attestation submitted in the form of notarized affidavit that the person who seeks licensure has worked as a conveyance device mechanic, as defined in this Subpart, for not less than four years and six thousand hours, within the last five years, without immediate or direct supervision prior to application for licensure.

            (ii) An attestation submitted in the form of notarized affidavit that the person who seeks licensure has worked as a conveyance device mechanic, as defined in this Subpart, for not less than two years and three thousand hours, within the last three years, without immediate or direct supervision prior to application for licensure and that the person has received a National Association of Elevator Contractors Associate Elevator Technician (AET), or Level 1 certification or equivalent, or is enrolled in the National Association of Elevator Contractors Certified Elevator Technician (CET) program.

            (b) A conveyance device mechanic firm shall submit an application for licensure pursuant to this Subsection on or before July 1, 2025.

            (4) All continuing education requirements developed and approved for persons who hold technical endorsements provided for in Paragraph (C)(11) of this Section shall be in accordance with R.S. 40:1664.11(G) or (H).

            E. All licenses are valid for one year, unless a multi-year license is created, and shall be renewed within thirty days of its expiration date to remain valid. The state fire marshal may create a prorated fee system to allow employee license renewal dates to coincide with the firm license renewal date.

            F. A license not renewed within thirty days of its expiration date shall be considered past due and subject to late fees. The late fee penalty shall be twenty-five dollars for a license not renewed before thirty-one to forty-five days past the expiration date and fifty dollars for a license not renewed before forty-six to sixty days past the expiration date.

            G. A license shall be suspended if not renewed within sixty days of its expiration date or if the license holder has not maintained the license. The cost to reinstate a suspended license shall be the cost of the initial fees plus twenty dollars.

            H. The cost for a duplicate or replacement firm or individual license is twenty dollars, regardless of how many endorsements are carried.

            I. The cost to transfer an individual license from one firm to another is twenty dollars.

            J. The fees established in this Section shall not be refundable except under such conditions as the state fire marshal may establish.

            K.(1) A temporary conveyance device mechanic license may be issued by the office of state fire marshal upon receipt of either the following:

            (a) An attestation from the requesting licensed conveyance device mechanic firm that, despite its best efforts, there is an insufficient number of licensed conveyance device mechanics needed to perform conveyance device mechanic activities or an imminent increase in conveyance device mechanic activities.

            (b) An attestation from the requesting licensed conveyance device mechanic firm certifying that the person who seeks temporary licensure has an acceptable combination of documented experience and education to perform conveyance device mechanic activities without direct or immediate supervision as determined by the office of state fire marshal.

            (2) All attestations shall be submitted in the form of notarized affidavit.

            (3) A temporary conveyance device mechanic license shall be valid for a period of one hundred eighty days from the date of issuance and is valid only for the work performed for the licensed conveyance device mechanic firm that requested the temporary license pursuant to this Section.

            (4) Temporary licenses may be approved by the office of state fire marshal for renewal. The requesting licensed conveyance device mechanic firm shall provide a notarized attestation to the office of state fire marshal certifying that, despite its best efforts, there continues to be an insufficient number of licensed conveyance device mechanics needed to perform conveyance device mechanic activities or an imminent increase in conveyance device mechanic activities.

            (5) The office of state fire marshal may refuse to renew a temporary license for a person that the office determines has had adequate opportunity to obtain a license pursuant to the provisions of this Subpart.

            (6) Initial and renewal fees for temporary licenses shall be in accordance with Subparagraphs (C)(11)(a) and (b) of this Section.

            L.(1) An emergency conveyance device mechanic license may be issued by the office of state fire marshal when an emergency exists in the state due to a natural disaster, as declared by the president of the United States or the governor, or major work stoppage, and the requesting licensed conveyance device mechanic firm submits an attestation to the office of state fire marshal certifying each of the following:

            (a) The number of licensed conveyance device mechanics in the state is insufficient to cope with the emergency or work stoppage, creating a shortage.

            (b) The shortage of licensed conveyance device mechanics in the state jeopardizes the safety of the public.

            (2) The requesting licensed conveyance device mechanic firm shall submit an attestation to the office of state fire marshal certifying that the person who seeks emergency licensure has an acceptable combination of documented experience and education to perform conveyance device mechanic activities without direct or immediate supervision as determined by the office of state fire marshal.

            (3) The emergency license shall be valid for a minimum period of sixty days from the date of issuance, shall entitle the licensee to the rights and privileges of a licensed conveyance device mechanic, and is valid only for the work performed for the licensed conveyance device mechanic firm that made the request pursuant to this Section. The emergency license may be extended but shall not exceed three hundred sixty-five days from the date of initial issuance, unless mitigating circumstances regarding the emergency declaration or work stoppage exist and are formally recognized by the state fire marshal and an extension of the emergency license is determined to be necessary.

            (4) All attestations shall be submitted in the form of a notarized affidavit.

            (5) Initial and renewal fees for emergency licenses shall be in accordance with Subparagraphs (C)(11)(a) and (b) of this Section.

            M.(1) The owner or his designee of an installed conveyance device, except those exempt pursuant to R.S. 40:1664.5, shall register the conveyance device with the office of state fire marshal.

            (2) A firm that installs a conveyance device shall register the conveyance device with the office of state fire marshal within thirty days of its installation.

            NOTE: Subsection (N) eff. until July 1, 2022. See Acts 2021, No. 114.

            N.(1) Subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, all monies received by the state fire marshal pursuant to this Subpart, including but not limited to fees and fines, shall be deposited immediately upon receipt in the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer, prior to placing such remaining funds in the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury by the state fire marshal pursuant to this Subpart into a special fund which is hereby created in the state treasury and designated as the Louisiana Life Safety and Property Protection Trust Fund.

            (2) The monies in the Louisiana Life Safety and Property Protection Trust Fund shall be used solely for implementation, administration, and enforcement of this Subpart, and thereafter, for fire education or emergency response by the state fire marshal and only in the amounts appropriated each year to the state fire marshal or the board by the legislature. Any surplus monies and interest remaining to the credit of the fund on June thirtieth of each year after all such appropriations of the preceding fiscal year have been made shall remain to the credit of the fund, and no part thereof shall revert to the state general fund.

            NOTE: Subsection (N) as amended by Acts 2021, No. 114, eff. July 1, 2022.

            N.(1) Subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, all monies received by the state fire marshal pursuant to this Subpart, including but not limited to fees and fines, shall be deposited immediately upon receipt in the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer, prior to placing such remaining funds in the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury by the state fire marshal pursuant to this Subpart into a special statutorily dedicated fund account which is hereby created in the state treasury and designated as the Louisiana Life Safety and Property Protection Trust Dedicated Fund Account.

            (2) The monies in the Louisiana Life Safety and Property Protection Trust Dedicated Fund Account shall be used solely for implementation, administration, and enforcement of this Subpart, and thereafter, for fire education or emergency response by the state fire marshal and only in the amounts appropriated each year to the state fire marshal or the board by the legislature. Any surplus monies and interest remaining to the credit of the account on June thirtieth of each year after all such appropriations of the preceding fiscal year have been made shall remain to the credit of the account, and no part thereof shall revert to the state general fund. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.

            Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No. 598, §1, see Act; Acts 2020, No. 339, §1, eff. June 13, 2020; Acts 2021, No. 114, §10, eff. July 1, 2022.

            NOTE: See Acts 2018, No. 598, §§2 and 3, regarding applicability.



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