La. Admin. Code tit. 55 § V-3045

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

Section V-3045 - Administrative Actions

A. The State Fire Marshal may refuse the issuance or renewal of, suspend, or revoke a certificate of registration, or license and impose administrative penalties, if, after notice and hearing, as provided for by the Administrative Procedures Act, it is found that a person, certified firm, or licensee or an applicant for registration, or license, failed to comply with the provisions of R.S. 40:1664.1 et seq., or these rules.

1. Offenses. The following categories shall denote classification of offenses for persons, firms and employees for determining the penalty to be imposed.

a. Minor:

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

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

iii. working with an expired (31-45 days) license, or certificate of registration;

iv. failing to properly display a firm certificate or an individual license.

b. Serious:

i. 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;

ii. 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;

iii. 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;

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

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

vi. working with an expired (46-60 days) license or firm certificate;

viii. 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. 1664.1 et seq. or these rules;

ix. 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;

x. committing five or more Minor offenses within a three year period.

c. Major:

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

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

iii. intimidating or coercing a customer;

iv. 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;

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

vi. working without any or with a suspended firm certificate of registration or license;

vii. working an employee with a suspended license;

viii. 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, fire detection and alarm equipment and/or system;

ix. installing a fixed fire suppression system, or fire alarm and detection 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;

x. committing three or more serious offenses within a three year period;

xi. engaging in false, misleading or deceptive acts or practices.

2. Penalties. The following fine schedule shall be used to assess fines to persons, firms, and/or employees who violate the laws and rules governing the portable fire extinguisher, fire hose, fixed fire suppression and fire detection and alarm industries. Penalties will be imposed to persons, firms and/or employees based on the classification of offense. Each classification of offense will have a minimum and maximum fine shown and any other administrative penalty that may be imposed.

a. Firms and/or Persons

i. Minor-$50 fine to $250 fine and/or official warnings may be imposed.

ii. Serious-$250 fine to $1,000 fine and/or suspensions of up to 90 days may be imposed.

iii. Major-$1,000 fine to $5,000 fine and/or suspensions from 91 to 365 days may be imposed and/or revocation of certificate may be imposed.

b. Employees and/or Persons

i. Minor-$10 fine to $50 fine and/or official warnings may be imposed.

ii. Serious-$50 fine to $500 fine and/or suspensions of up to 90 days may be imposed.

iii. Major-$500 to $5,000 fine and/or suspensions from 91 to 365 days may be imposed and/or revocation of license may be imposed.

c. The State Fire Marshal may deviate from this fine schedule where circumstances and/or evidence warrant a more stringent or more lenient penalty.

d. In lieu of fine payments, the State Fire Marshal may require remedial or additional training be obtained by those found in violation.

e. Those offenses not enumerated in this list shall receive penalties for violations of similar nature.

f. The Office of the State Fire Marshal may also pursue criminal charges or injunctive relief for any of the above enumerated offenses.

La. Admin. Code tit. 55, § V-3045

Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 17:273 (March 1991), amended LR 26:1337 (June 2000), LR 33:1678 (August 2007).

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