La. Admin. Code tit. 55 § V-3121

Current through Register Vol. 50, No. 11, November 20, 2024
Section V-3121 - Qualifying Persons
A. Each certified firm or each firm seeking certification shall employ at least one qualifying person for each endorsement it is making application for. No fire sprinkler system or equipment shall be certified, hydrostatically tested, inspected, installed, planned, maintained, serviced, or submitted to this office for review if the firm does not employ a qualifying person as provided herein.
B. The qualifying person shall be a paid employee and shall receive a W-2 or K-1 tax form from the firm. The qualifier shall only qualify one firm for which he is employed. An individual may not qualify multiple firms at the same time. A contract employee cannot be used to fulfill this requirement except as provided by Subsection G below. A qualifier must physically reside within 150 miles of the office for which he or she qualifies.
C The qualifying person shall be primarily and actively engaged in direct supervision of the certification, hydrostatic testing, integrating, inspection, installation, maintaining, planning and servicing of those fire protection systems or equipment for which the firm holds an endorsement to work on. If a firm holds multiple endorsements, then multiple qualifiers may be utilized to meet this requirement.
D. A qualifier must meet the minimum examination, certification, or training requirements as established by the Life Safety and Property Protection Advisory Board.
E. Currently, the following requirements have been established:
1. Fire Sprinkler System Endorsement B-a current NICET Certificate, minimum Level III in Automatic Sprinkler System Layout, or a professional engineer currently registered with the Louisiana Board of Professional Engineers with a Mechanical Engineer endorsement.
F. A Louisiana Board of Professional Engineers registered Fire Protection Engineer may substitute for any of the above if documented to be in the appropriate discipline of endorsement.
G. At anytime that a firm finds itself without a qualifying person, such firm shall only be able to continue certifying, hydrostatic testing, inspecting, maintaining, planning and/or servicing existing contractual obligations for that endorsement but shall not engage in any new work until a qualifying person has been employed as provided herein. A firm may not submit plans to the Office of the State Fire Marshal when it finds itself without a qualifying person.
H. This office shall be notified in writing within 10 working days anytime a qualifying person's employment is terminated for any reason.
I. A firm which loses its qualifying person and has timely notified the Office of the State Fire Marshal shall have 90 days to hire another qualifying person. If after the loss of such an employee, a replacement cannot be found within the 90 days, the firm may make a request to the Office of the State Fire Marshal to temporarily hire a qualifying person on a contractual basis. Good cause must be shown why another employee cannot be permanently hired. Approval by the Office of the State Fire Marshal for the hiring of a qualifying person on a contractual basis shall not exceed six months. Not later than 30 days prior to the expiration of the six month period, the firm can request an additional six month period to employ a qualifying person on a contractual basis. The Office of the State Fire Marshal may grant one additional six month period during which a firm may employ a qualifying person on a contractual basis.
J. Failure to notify this office in writing within 10 working days of the loss of a qualifying person will cause forfeiture of any extension of time to hire another qualifying person.
K. A qualifying person must obtain an individual employee license as required by these rules. Licensure of the qualifier shall include a signed and notarized affidavit indicating the employment relationship and duties of the qualifier. If a firm desires to use multiple qualifiers for submitting plans and supervising installations or service, then it must register and license the additional qualifiers with the Office of the State Fire Marshal.

La. Admin. Code tit. 55, § V-3121

Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 35:680 (April 2009).
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1664.2 et seq.