La. Admin. Code tit. 55 § I-1931

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

Section I-1931 - Storage Facility; Licensing, Fees, Inspection, Requirements

A. Storage Facilities

1. Storage facilities, subject to the provisions of R.S. 32:1711 et seq., shall be located within Louisiana and make application to the department for a storage inspection license for each storage facility location.

2. A valid storage inspection license must be issued by the department before conducting business as a storage facility or a new storage facility location being utilized.

3. A storage company with a change in name, address or ownership shall reapply and pay fees in accordance with this Section.

4. Storage inspection licenses shall expire annually on the thirtieth day of June and may be renewed 60 days prior to expiration. A company operating as a storage facility shall renew their storage inspection license prior to expiration.

B. Storage Facilities; General Requirements

1. Storage companies failing to comply with the requirements set forth in this Chapter shall be subject to administrative penalties.

2. Storage companies shall apply for and be issued a storage inspection license prior to charging or collecting storage or administrative fees. Any company found in violation of this Subchapter shall be subject to administrative and/or criminal penalties and shall forfeit all storage and administrative fees.

3. All licensees and applicants shall be current in the payment of all penalties and fees owed to the Department of Public Safety. Companies failing to comply with this requirement are subject to having their storage inspection license suspended or revoked by the Office of State Police and the business shall not charge or collect storage or administrative fees.

4. Prior to obtaining a storage inspection license, all applicable parish and/or municipal occupational licenses required for a facility to operate within said parish or municipality shall be current and valid.

5. Towing companies and existing qualified businesses applying for a storage inspection license shall apply in the same legal name of their business.

a. Storage companies shall comply with the insurance requirements listed in this Chapter, namely:

i. garage keepers legal liability insurance in an amount not less than $50,000;

ii. garage liability insurance in an amount of not less than $50,000; and

iii. other applicable insurance requirements set forth in this Chapter.

b. A storage operator shall maintain the policies of insurance and adhere to the requirements set forth in §1915 of this Chapter, except automobile liability coverage and on-hook coverage shall not be required unless a company operates tow trucks.

7. Prior to a towing or storage company going out of business, the company, company owners or agents shall return all stored vehicles to the respective vehicle owners or legally dispose of all stored vehicles by obtaining permits to sell or using other vehicle disposal methods enumerated in the Towing and Storage Act.

8. Storage facilities must have their place of business and storage area located on the same piece of property. The property may not be subdivided by any public street, right of way, or other piece of property not owned or leased by the storage facility. This provision will apply to all new storage facility applicants effective July 1, 2010 and will not affect licensed facilities seeking a renewal.

9. The place of business shall meet all requirements as defined in §1905 of this Chapter. This provision shall only apply to new storage facility applicants effective January 1, 2013 and will not affect licensed facilities seeking a renewal.

C. Fees

1. An applicant for a storage inspection license shall:

a. remit the sum of $100 per storage license, payable to the Louisiana State Police, Towing and Recovery Unit;

b. mail completed applications to the Louisiana State Police, Towing and Recovery Unit, P.O. Box, 66614, Mail Slip A-26, Baton Rouge, LA 70896.

D. Inspection of a Storage Facility

1. Storage facilities shall make business records available for inspection by department officers during normal business hours, unless exigent circumstances exist which may require access to records after hours and shall provide copies upon request. Business records shall include any records created or obtained while acting as a towing and/or storage facility.

2. Storage inspection licenses shall be clearly visible and prominently displayed at each storage location's office.

La. Admin. Code tit. 55, § I-1931

Promulgated by the Department of Public Safety and Corrections, Office of the State Police, LR 32:861 (May 2006), amended LR 36:2579 (November 2010), LR 40:800 (April 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1714.