La. Admin. Code tit. 55 § V-3041

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

Section V-3041 - Prohibited Acts and Equipment

A. The following acts are prohibited and shall be considered grounds for administrative action to be taken against firms, persons and/or employees committing such:

1. charging a customer for work that was not performed;

2. misrepresenting oneself and/or one's firm to a customer, prospective customer or to employees of the state fire marshal, his designated representative or other public official;

3. impersonating the state fire marshal, his designated representative or any other public official;

4. intimidating or coercing a customer;

5. certifying, hydrostatically testing, inspecting, installing, integrating, maintaining or servicing fire protection systems and/or equipment contrary to plans submitted for review, applicable NFPA codes, standards, and/or manufacturer's specifications without specific written permission from the Office of the State Fire Marshal;

6. falsifying an application or any other document submitted to obtain a certificate or license or other documentation requested by or submitted to the Office of the State Fire Marshal;

7. falsifying tags, labels, stenciling, inspection reports, invoices, system reports, and/or other documents;

8. working an apprentice, or as an apprentice, without direct supervision by a technician licensed to perform the work being done and licensed to the same firm;

9. working an employee without the appropriate endorsement of license;

10. working without the appropriate endorsement of firm certificate or license;

11. working with an expired firm certificate or license;

12. failing to notify the Office of the State Fire Marshal of any changes that affect licensure;

13. contracting to a firm or person who is not properly certified or licensed through the Office of the State Fire Marshal to perform acts regulated by the provisions of R.S. 40:1664.1 et seq., or these rules;

14. failing to adhere to the tagging and/or notification policies of the Office of the State Fire Marshal;

15. installing a fixed fire suppression system, or fire detection and alarm system prior to submitting plans and required documentation and receiving authorization to install such system from the Plan Review Section of the Office of the State Fire Marshal;

16. failing to possess the equipment, tools, NFPA codes, standards or manufacturer's U.L. listed installation and service manuals to properly certify, hydrostatic test, inspect, install, integrate, maintain or service the systems or equipment for which a firm is certified;

17. failing to adhere to all applicable laws and rules governing fire protection systems and/or equipment as promulgated by the Office of the State Fire Marshal;

18. engaging in false, misleading or deceptive acts or practices;

19. aiding and abetting an unlicensed person or firm in the certifying, hydrostatic testing, inspecting, installing, integrating, maintaining or servicing of a portable fire extinguisher, fire hose, fixed fire suppression equipment and/or system, or fire detection and alarm equipment and/or system.

B. The following portable fire extinguishers and cylinders are prohibited from use:

1. carbon tetrachloride portables;

2. portable fire extinguishers or fixed fire suppression system cylinders without labels of an approved testing laboratory or name plates:

a. exception: a portable fire extinguisher or fixed fire suppression system cylinder in an industrial facility, whose original label or name plate has been removed for refurbishing, may have a manufacturer approved replacement label or name plate reattached if maintenance records, as provided below, are maintained;

b. maintenance records shall include the following:

i. manufacturer;

ii. type and size of the portable fire extinguisher or fixed fire suppression system cylinder;

iii. serial number or unique tracking number of portable fire extinguisher or fixed fire suppression system cylinder; and

iv. dates and types of service performed;

3. any portable fire extinguisher or fixed fire suppression system cylinder prohibited by the adopted NFPA codes and standards enumerated in LAC 55:V:103 and these rules;

4. any fire protection equipment or system which has been recalled from the manufacturer or has had its listing from an approved testing laboratory removed;

5. systems or portables in which replacement parts are no longer available.

La. Admin. Code tit. 55, § V-3041

Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 17:273 (March 1991), amended LR 26:1336 (June 2000), LR 33:1677 (August 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1664.2.