La. Admin. Code tit. 55 § V-3261

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

Section V-3261 - Miscellaneous Provisions

A. Marking of vehicles. All service vehicles owned or operated by firms or their employees used for regulated activities, as defined by R.S. 40:1664.1 et seq., and these Rules shall have the firm name, firm certificate number and firm telephone number permanently inscribed, painted, stenciled or affixed by magnetic means on such vehicles. Such markings shall be a minimum of two and one-half inches in height and not less than one-forth inch in width. Letters and numbers shall be on a contrasting background and be conspicuously seen from the outside of the vehicle. This requirement does not prevent a firm to use an unmarked vehicle on special occasions where covert work is required.

B. Restrictions

1. Certificate or license holders are not agents or representatives of the State of Louisiana, the Department of Public Safety or the Office of the State Fire Marshal. No claims or inferences of such shall be made.

2. A certificate or license does not authorize anyone to enforce these Rules or to enter any building without the owner's permission or to engage in property protection activity without the owner's permission.

3. Certificate and license holders shall not allow the use of their certificate or licenses by other firms, persons or employees.

4. A license holder shall not perform any property protection activity unless employed by and within the course and scope of that employment with a firm regulated by the provisions of R.S. 40:1664.1 et seq.

5. A person shall not perform any act for which a certificate or license is required unless:

a. first being certified or licensed to perform such acts; and

b. is employed by a firm certified to perform those acts; and

c. is performing those acts for the certified firm by which he is employed.

6. An apprentice, as defined in these rules, shall not perform any activity regulated by R.S. 40:1664.1 et seq., unless employed by a certified firm and directly supervised by a license holder authorized to perform such act or acts. Both the apprentice and licensee shall be employed by the same certified firm.

7. Nothing in these rules shall prevent an appropriately certified firm or licensed person from certifying, inspecting, installing, integrating, maintaining, selling, or servicing any manufacturer's system or equipment.

C. Multiple Names and Locations

1. If a firm uses multiple names (i.e. trade or "doing business as" names), it must apply for a separate certificate of registration for each name if the firm name has a separate state or federal tax number. If the firm name does not have a separate state or federal tax number, then if shall be permitted to be registered with the firm's primary name. Only one trade or "doing business as" name shall be permitted to be registered along with the firm's primary name. Any other name that the firm wishes to use must have its own certificate of registration and must meet all licensing requirements as a separate and independent firm.

2. If a firm uses multiple locations, each location must apply for and receive its own certificate of registration. Each location is considered a separate firm and must meet all licensing requirements for firms.

3. If a firm advertises telephone numbers for dispatch purposes in various locations but has no physical office in those locations, then the advertisement must indicate "For Dispatch Only."

D. Special Locking System Required Certification

1. A building owner shall ensure that each special locking system within his commercial business is certified annually. Only the following systems as outlined in NFPA 101 shall require an annual certification:

a. electronically controlled egress door assemblies;

b. health care locking systems;

c. delayed egress systems;

d. access controlled systems;

e. elevator lobby exit access door assembly locking systems;

f. pedestrian gate systems; and

g. detention locking systems.

2. Special locking systems shall be certified by a firm with the appropriate endorsement as follows:

Type of Endorsement	Type of System
	Electronically Controlled Egress Door Assemblies	Health Care Locking Systems	Access Control Systems	Delayed Egress Systems	Elevator Lobby Exit Access Door Assembly Locking Systems	Pedestrian Gate Systems	Detention Locking Systems
Security	Yes	Yes	Yes	Yes	Yes	Yes	No
Locksmith	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Special Locking	Yes	Yes	Yes	Yes	Yes	Yes	No
Gate Systems	No	No	No	No	No	Yes	No
Detention Locking	No	No	No	No	No	No	Yes

3. For the purpose of determining the exact date of a required certification, the following guidelines shall apply: where only the year is known but not the month, January shall be used for the month, where the month is known but not the day, the first day of the month shall be used.

4. Annual certifications must be performed between 30 days prior and 30 days after the previous year's certification date.

5. The certified firm shall not be responsible for more frequent inspections as required by the applicable engineered specifications, manufacturer's specifications or per the inspection, testing and maintenance chapters as set forth in the applicable NFPA codes and standards unless under contract to perform such.

E. Advertising. All advertising indicating property protection activity within Louisiana, including but not limited to telephone advertising, bids, letter head and business cards, shall indicate a firm's certificate of registration number, the firm's physical address and local telephone number. Yard signs must include the firm's certificate of registration number and may include a monitoring station telephone number. They do not need to include the firm's local telephone or physical address.

F. Service Invoices and Inspection Reports. All service invoices or inspection reports shall reflect the inspection, installation, integration, maintenance, or service performed, all parts replaced, date of service, the firm name, the firm certificate number, the technician's name who performed the work and the technician's license number.

G. Locking Service Record Keeping

1. A locksmith who bypasses, manipulates, or originates a first key by code for a device safeguarding an area where access is meant to be limited, whether or not for compensation, shall document:

a. where the work was performed;

b. the name, address, date of birth, telephone number, and driver's license number or other identification number of the person requesting the work to be done; and

c. the signature of that person.

2. A copy of the work order form shall be kept by the licensed locksmith for a period of two years and shall include:

a. the name and license number of the locksmith; or

b. the name and identification number of the registered employee who performed the services.

3. Work order forms required to be kept under this Section shall be available for inspection upon written request made three days in advance by the state fire marshal or his representative(s) or a law enforcement agency.

4. A locksmith who bypasses, manipulates, or originates a first key for a motor vehicle, whether or not for compensation, shall document:

a. the name, address, date of birth, telephone number, vehicle identification number, and driver's license number or other identification number of the person requesting entry; and

b. the signature of that person.

5. A copy of the work order form shall be kept by the licensed locksmith for a period of two years and shall include:

a. the name and license number of the locksmith; or

b. the name and identification number of the registered employee who performed the services.

6. Work order forms required to be kept under this Section shall be available for inspection upon written request made three days in advance by the state fire marshal or his representative(s) or a law enforcement agency.

H. Security System Panels, Factory Default Code Reset

1. A security system owner who wishes to change security firms must notify the existing firm in writing of his wishes if he desires to have the panel program code reset. All financial obligations of the system owner to the existing firm must be met prior to firm being required to reset the panel program code to factory default.

2. The firm shall return the panel program code to factory default within five working days upon written notice by the system owner.

3. Where a panel program code cannot be reset to factory default, then the panel shall be cleared of its memory to allow complete reprogramming or the existing firm shall install a new control panel for the security system owner.

4. This provision does not apply to panels which are proprietary in nature and will not work unless monitored and/or maintained by the proprietary firm.

La. Admin. Code tit. 55, § V-3261

Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 37:2750 (September 2011).

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