La. Admin. Code tit. 46 § LV-301

Current through Register Vol. 50, No. 11, November 20, 2024

Section LV-301 - Licenses Required

A. No natural person shall engage in doing the work of a journeyman plumber unless he possesses a license or renewal thereof issued by the board. A journeyman plumber may engage in the art of plumbing only when he is under the employment of a master plumber licensed by this board. Any journeyman plumber that repaired plumbing independently and without the supervision of a master plumber prior to January 1, 2024, may continue to operate in such a manner for a period of five years, and shall within that five-year period pass the master plumber examination to obtain a master plumber license.

B. No natural person shall engage in doing the work of an apprentice unless he possesses a registration or renewal thereof issued by the board as established in §508 Registered apprentices may engage in the art of plumbing only when they are under the direct, constant on-the-job supervision of a licensed plumber as defined in §101, and as governed by the Workforce Commission.

C. The board shall issue a license to any person who qualifies under the board's regulations and who desires to engage in doing the work of a journeyman plumber if he passes a written and manual journeyman plumber's examination given by the board and pays the fees established by the board.

D. No natural person shall engage in the work of a master plumber unless he possesses a master plumber's license or renewal thereof issued by the board. The board shall issue a master plumber license to any person who qualifies under the board's regulations and who desires to engage in doing the work of a master plumber if he passes a written examination given by the board and pays the fees established by the board. A written examination shall not be required for persons applying pursuant to this Section and §303. A master plumber shall not engage in the work of a journeyman plumber unless he also possesses a journeyman plumber's license issued by the board or previously possessed a journeyman plumber's license issued by the board. A person issued a master plumber's license shall designate to the board, as required by the rules of the board, an employing entity, which may be a corporation, partnership, or sole proprietorship. A licensed master plumber shall notify the board of any change of employment status with an employing entity within 30 days of the effective date of change in employment status. A master plumber shall designate no more than one employing entity at any time. The board may charge a reasonable fee for processing such redesignations.

E. No employing entity shall hold itself out as engaging in the business or art of plumbing unless it employs a master plumber. No master plumber shall knowingly allow an employing entity to hold itself out as employing such master plumber at a time when it does not employ him within the meaning of R.S. 37:1368.C and this Section. Notwithstanding any other provision to the contrary, a journeyman plumber may repair existing plumbing independently and without the supervision of a master plumber. In the event a master plumber employed by an employing entity dies, the employing entity will be permitted to operate on the basis of the deceased master plumber's license for a period of time not to exceed six months following the death of the master plumber. The board may require proof of death. The six-month grace period provided herein must be applied for, in writing, within 30 days of the death of the master plumber. The employing entity must comply with all other regulations issued by the board during the grace period.

F. Every employing entity shall maintain an established place of business, with facilities for receiving complaints, calls and notices during normal business hours, from any person for whom it is performing plumbing or from the board and its representatives. It shall display a sign, plainly visible from the street at every place where it and its employees are performing plumbing work. If the employing entity is the sole-employing entity for a multi-site project, where employees are performing plumbing work, it may post one sign, plainly visible from the street, at the entrance of the project. All posted signs shall designate the employing entity's full name, physical address, telephone number and master plumber license number issued by the board to the designated active master plumber in its employ. The sign posted at a single site shall include legible lettering at least 2 inches high with the words "Louisiana Licensed Master Plumber" (or abbreviated "LA Lic. Master Plumber" or "LMP ______ "). For multi-site projects, where only a single sign is posted, in addition to the above requirement, the lettering must be at least 4 inches high. The employing entity shall also identify itself by permanent signs or lettering affixed to its service vehicles on both sides of such vehicles indicating the same information required of job-site signs in at least 2-inch lettering." All public advertising, solicitations, customer invoices, and business correspondence issued by or on behalf of an employing entity shall set forth the information described herein.

G. Employment of an active master plumber by an employing entity on a regular paid basis, as required by R.S. 37:1368.C and this Section, shall mean employment or self-employment for wages or under a bona fide contract of hire with no more than one employing entity at any given time. Such employment or self-employment must include services performed by the active master plumber which is within the state of Louisiana or both within and without the state of Louisiana.

H. Temporary working permits to journeyman plumbers only may be issued as required by R.S. 37:1376 and may be issued to a holder of a state license from states with like examinations, should that state recognize the Louisiana license, or where other bona fide evidence shows that the applicant's past experience would be capable of protecting the public from defective plumbing. Each temporary permit must be signed by both the chairman and the secretary of the board. A reasonable fee may be charged for the issuance of temporary permits, as fixed by the board.

I. Any individual who maintained a restricted journeyman's license or restricted master plumber's license prior to January 1, 2023, and maintained compliance with the provisions of R.S. 37:1371 and 1380 through January 1, 2023, shall be issued a journeyman's license or master plumber's license upon written request to the board. Any individual who was issued a restricted journeyman's license or master plumber's license prior to January 1, 2023, but did not maintain such license due to a lack of compliance with R.S. 37:1371 and 1380, shall be treated as if he was inactive upon his last day of compliance with such provisions. Upon submission of a written request to the board, payment of renewal fees in accordance with R.S. 37:1371(A), and submission of a written showing of compliance with R.S. 37:1380, the board shall issue the individual a journeyman's license, if the individual previously held a restricted journeyman's license or master plumber's license, if the individual previously held a restricted master plumber's license. The board may refuse to grant a journeyman or master plumber's license to an individual who previously maintained a restricted journeyman or restricted master plumber's license, if the individual failed to comply with additional licensing requirements not provided for in R.S. 37:1371 and 1380.

J. An inactive master plumber, as that term is used in R.S. 37:1368.E, shall mean a natural person who is licensed by the board as a master plumber or who successfully applies for and passes the examination for master plumber license administered by the board pursuant to §305 An applicant for inactive master plumber status must state in a form supplied by the board that he does not wish or intend to practice as a master plumber. An inactive master plumber shall not be permitted to designate an employing entity, or knowingly allow an employing entity to hold itself out as employing him as a master plumber. An inactive master plumber can convert his status to that of a master plumber by submitting to the board an appropriate form supplied by the board and upon payment of a fee established by the board. During the period of his inactive status the inactive master plumber shall pay a fee established by the board. An inactive master plumber converting his status under this Section shall designate an employing entity. An inactive master plumber shall be permitted to work as journeyman plumber during the period or periods he maintains an inactive plumber's license, if he is currently or was previously licensed by the board as a journeyman plumber.

K. The board is empowered to assess special enforcement fees on a daily basis at a rate not to exceed $10 a day relative to any master plumber or employing entity, or both, that fails or refuses, after due notice, to comply with the sign and posting requirements established by. The daily enforcement fees assessed by the board under this provision shall not exceed, in the aggregate, $500. This special enforcement fee shall be in addition to any licensing fees required by law, or any other penalty or sanction assessed by a court of competent jurisdiction or by the board.

L. Repealed.

M. No natural person shall engage in doing the work of a gas fitter unless he possesses a license or renewal thereof issued by the board. A gas fitter may engage in the art of gas fitting only when he is under the supervision of a master gas fitter licensed by this board.

N. Apprentices may engage in the art of gas fitting only when they are under the direct, constant on-the-job supervision of a licensed gas fitter as defined in §101, and as governed by the Louisiana Workforce Commission.

O. The board shall issue a license to any person who qualifies under the board's regulations and who desires to engage in doing the work of a gas fitter if he passes a written and manual gas fitters examination given by the board and pays the fees established by the board.

P. No natural person shall engage in the work of a master gas fitter unless he possesses a master gas fitter's license or renewal thereof issued by the board. The board shall issue a master gas fitter license to any person who qualifies under the board's regulations and who desires to engage in doing the work of a master gas fitter if he passes a written examination given by the board and pays the fees established by the board. A written examination shall not be required for persons applying pursuant to §310. A master gas fitter shall not engage in the work of a gas fitter unless he also possesses a gas fitter's license issued by the board or previously possessed a gas fitter's license issued by the board. A person issued a master gas fitter's license shall designate to the board, as required by the rules of the board, an employing entity, which may be a corporation, partnership, or sole proprietorship. A licensed master gas fitter shall notify the board of any change of employment status with an employing entity within 30 days of the effective date of change in employment status. A master gas fitter shall designate no more than one employing entity at any time. The board may charge a reasonable fee for processing such redesignations.

Q. No employing entity shall hold itself out as engaging in the business or art of gas fitting unless it employs a master gas fitter. No master gas fitter shall knowingly allow an employing entity to hold itself out as employing such master gas fitter at a time when it does not employ him. In the event a master gas fitter employed by an employing entity dies, the employing entity will be permitted to operate on the basis of the deceased master gas fitters license for a period not to exceed six months following the death of the master gas fitter. The board may require proof of death. The six-month grace period provided herein must be applied for, in writing, within 30 days of the death of the master gas fitter. The employing entity must comply with all other regulations issued by the board during the grace period.

R. Every employing entity shall maintain an established place of business, with facilities for receiving complaints, calls and notices during normal business hours, from any person for whom it is performing gas fitting or from the board and its representatives. It shall display a sign, plainly visible from the street at every place where it and its employees are performing gas-fitting work. If the employing entity is the sole-employing entity for a multi-site project, where employees are performing natural gas work, it may post one sign, plainly visible from the street, at the entrance of the project. All posted signs shall designate the employing entity's full name, physical address, telephone number and master gas fitter license number issued by the board to the designated active master gas fitter in its employ. The sign posted at a single site shall include legible lettering at least 2 inches high with the words "Louisiana Licensed Master Gas Fitter" (or abbreviated "LA Lic. Master Gas Fitter" or "LMNGF ____"). For multi-site projects, where only a single sign is posted, in addition to the above requirement, the lettering must be at least 4 inches high. The employing entity shall also identify itself by permanent signs or lettering affixed to its service vehicles on both sides of such vehicles indicating the same information required of job-site signs, in at least 2-inch lettering." All public advertising, solicitations, customer invoices, and business correspondence issued by or on behalf of an employing entity shall set forth the information described herein.

S. Employment of an active master gas fitter by an employing entity on a regular paid basis, as required by this Section, shall mean employment or self-employment for wages or under a bona fide contract of hire with no more than one employing entity at any given time. Such employment or self-employment must include services performed by the active master gas fitter which is within the state of Louisiana or both within and without the state of Louisiana.

T. Temporary working permits to gas fitters may be issued as required by R.S. 37:1376 and may be issued to a holder of a state license from states with like examinations, should that state recognize the Louisiana license, or where other bona fide evidence shows that the applicant's past experience would be capable of protecting the public from defective gas fitting. Each temporary permit must be signed by both the chairman and the secretary of the board. A reasonable fee may be charged for the issuance of temporary permits, as fixed by the board (see §312).

U. An inactive master gas fitter, as that term is used in R.S. 37:1368(E), shall mean a natural person who is licensed by the board as a master gas fitter or who successfully applies for and passes the examination for master gas fitter license administered by the board pursuant to §307 of these rules. An applicant for inactive master gas fitter status must state in a form supplied by the board that he does not wish or intend to practice as a master gas fitter. An inactive master gas fitter shall not be permitted to designate an employing entity, or knowingly allow an employing entity to hold itself out as employing him as a master gas fitter. An inactive master gas fitter can convert his status to that of a master gas fitter by submitting to the board an appropriate form supplied by the board and upon payment of a fee established by the board. During the period of his inactive status the inactive master gas fitter shall pay a fee established by the board. An inactive master gas fitter converting his status under this Section shall designate an employing entity. An inactive master gas fitter shall be permitted to work as gas fitter during the period or periods he maintains an inactive gas fitter's license, if he is currently or was previously licensed by the board as a gas fitter.

V. The board is empowered to assess special enforcement fees on a daily basis at a rate not to exceed $10 a day relative to any master gas fitter or employing entity, or both, that fails or refuses, after due notice, to comply with the sign and posting requirements established by this Section. The daily enforcement fees assessed by the board under this provision shall not exceed, in the aggregate, $500. This special enforcement fee shall be in addition to any licensing fees required by law, or any other penalty or sanction assessed by a court of competent jurisdiction or by the board.

W. In the event any applicant for any license or endorsement who successfully completes a required examination, but fails to pay to the board any requisite license or endorsement fee within 90 days of notice of his examination results shall not be issued the applicable license or endorsement unless and until he submits to and successfully completes re-examination and pays the appropriate fees for such re-examination and subsequent license or endorsement fee. Imposition of this re-examination requirement may be waived for good cause. Any special endorsement fees incurred before or during the re-examination process shall not be affected.

X. No natural person shall engage in doing the work of a residential plumber unless he possesses a tradesman residential plumber limited license or renewal thereof issued by the board. At the direction of a master plumber licensed by the board, a residential plumber may independently install, alter, repair, and maintain plumbing in one- and two-family dwellings without the supervision of a journeyman plumber.

Y. The board shall issue a limited license to any person who qualifies under the board's regulations and who desires to engage in doing the work of a residential plumber if he passes a written and manual residential plumber's examination given by the board and pays the fees established by the board.

La. Admin. Code tit. 46, § LV-301

Adopted by the Department of Labor, Plumbing Board, 1968, amended and promulgated by the Department of Employment and Training, Plumbing Board, LR 17:49 (January 1991), amended by the Department of Labor, Plumbing Board LR 19:897 (July 1993), LR 19:1593 (December 1993), LR 21:1348 (December 1995), LR 25:1857 (October 1999), Amended by the Workforce Commission, Plumbing Board, LR 42576 (4/1/2016), Amended by the Workforce Commission, Plumbing Board, LR 43541 (3/1/2017), Amended by the Workforce Commission, Plumbing Board, LR 43972 (5/1/2017), Amended LR 47274(2/1/2021), Amended LR 49915 (5/1/2023), Amended by the Workforce Commission, Plumbing Board,LR 5041 (1/1/2024), Amended by the Workforce Commission, Plumbing Board, LR 501675 (11/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1366(D).