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HLS 26RS-552 REENGROSSED
2026 Regular Session
HOUSE BILL NO. 799
BY REPRESENTATIVE FONTENOT
FIRE PROTECT/FIRE MARSHAL: Provides relative to boilers
1 AN ACT
2 To amend and reenact R.S. 36:408(D)(1)(d) and to enact Subpart D-4 of Part III of Chapter
3 7 of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
4 40:1664.21 through 1664.33 and to repeal Part II of Chapter 1 of Title 23 of the
5 Louisiana Revised Statutes of 1950, comprised of R.S. 23:41 through 49, and Part
6 III of Chapter 5 of Title 23 of the Louisiana Revised Statutes of 1950, comprised of
7 R.S. 23:531 through 546, relative to the inspection of boilers; to establish the
8 authority of the state fire marshal; to provide for rulemaking and regulatory
9 authority; to provide for duties of the fire marshal; to provide for licensing of boiler
10 inspectors; to provide for inspections of boilers; to provide for inspection certificates;
11 to provide for fees; to provide for penalties; to provide boiler installation procedures;
12 to provide for exemptions; to provide for examinations; to provide for an effective
13 date; and to provide for related matters.
14 Be it enacted by the Legislature of Louisiana:
15 Section 1. R.S. 36:408(D)(1)(d) is hereby amended and reenacted to read as follows:
16 §408. Offices; purposes and functions
17 * * *
18 D.(1) The office of state fire marshal, code enforcement and building safety,
19 shall perform generally the functions of the state relating to the protection of life and
20 property from the hazards of fire and of panic which may arise from fire or from the
21 threat of fire or explosion, including but not necessarily restricted to:
22 * * *
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1 (d) Exclusive power to investigate and to make and prescribe rules and
2 regulations for the proper construction, installation, repair, use, operation, and safety
3 of boilers in the state, the city of New Orleans excepted to license boiler inspectors,
4 and to issue general or special orders for the enforcement of such rules and
5 regulations as well as any provision of law affecting boilers. The rules and
6 regulations so formulated shall conform as nearly as practicable to the boiler
7 construction code of the American Society of Mechanical Engineers, all as specified
8 in R.S. 23:531 through 542 Subpart D-4 of Part III of Chapter 7 of Title 40 of the
9 Louisiana Revised Statutes of 1950.
10 * * *
11 Section 2. Subpart D-4 of Part III of Chapter 7 of Title 40 of the Louisiana Revised
12 Statutes of 1950, comprised of R.S. 40:1664.21 through 1664.33, is hereby enacted to read
13 as follows:
14 SUBPART D-4. BOILERS
15 §1664.21. State fire marshal; authority to make rules; investigations
16 A. The state fire marshal has the exclusive power to investigate, and to
17 promulgate rules and regulations, in accordance with the Administrative Procedure
18 Act, for the proper construction, installation, repair, use, operation, and safety of
19 boilers in this state and to issue orders for the enforcement of rules and regulations
20 as well as any provisions of law affecting boilers.
21 B. The rules and regulations shall conform to the boiler construction code
22 of the American Society of Mechanical Engineers (ASME). Boilers requiring
23 ASME Code stamping by the owner, user, or fabricator in shop or field fabrication,
24 assembly, modification, or repair shall be inspected in accordance with the ASME
25 Code and national board standards.
26 §1664.22. Duties of fire marshal
27 The fire marshal may do all of the following:
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1 (1) Employ and compensate, with the approval of the governor, inspectors
2 and other assistants and employees as are necessary for the exercise of the powers
3 and the performance of the duties prescribed in this Subpart.
4 (2) Have free access to any premises in the state where a boiler is being
5 constructed, installed, or operated, for the purpose of investigating whether that
6 boiler is built, repaired, installed, or operated in accordance with the provisions of
7 this Subpart.
8 (3) Prosecute all violators of the provisions of this Subpart.
9 (4) Issue, suspend, or revoke installation permits for boilers and operating
10 certificates allowing boilers to be operated, as provided in this Subpart.
11 (5) Draw upon the state treasurer for funds necessary to meet any expense
12 authorized by this Subpart which, in addition to the salaries of employees, shall
13 include necessary traveling expenses and the expenses incident to the maintenance
14 of any offices required in the state.
15 (6) Enforce the laws governing the use of boilers and to enforce the rules and
16 regulations of the fire marshal.
17 (7) Keep a complete record of the type, dimensions, age, condition, pressure
18 allowed upon, location, and date of the last inspection of all boilers to which this
19 Subpart applies.
20 §1664.23. Licensed boiler inspectors
21 A. The fire marshal may license inspectors to inspect boilers in this state in
22 accordance with all of the following:
23 (1) The current edition of the National Board Inspection Code published by
24 the National Board of Boiler and Pressure Vessel Inspectors.
25 (2) The current standards for Controls and Safety Devices for Automatically
26 Fired Boilers, also known as CSD-1, published by the American Society of
27 Mechanical Engineers (ASME).
28 (3) All applicable sections of the ASME codes.
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1 B. A licensed inspector shall receive no salary from nor shall any of his
2 expenses be paid by the state except as provided in R.S. 40:1664.22(1). A licensed
3 inspector shall do all of the following:
4 (1) Hold an in-service inspector's commission from the National Board of
5 Boiler and Pressure Vessel Inspectors.
6 (2) Maintain employment with a company that is all of the following:
7 (a) Accredited by the National Board of Boiler and Pressure Vessel
8 Inspectors as an authorized inspection agency performing inservice inspection
9 activities as published in NB-369.
10 (b) Authorized by the fire marshal to inspect boilers in this state.
11 (3)(a) For an insured boiler, inspect that boiler within thirty days of the
12 expiration date on the operating certificate of that boiler, whether the inspector is
13 employed by or under contract with the insurance company.
14 (b) For an uninsured boiler, or for a boiler with an operating certificate that
15 has been expired for more than thirty days, that boiler may be inspected by any
16 licensed inspector holding a current and valid inspector commission in this state.
17 (4) Submit a report of every boiler inspection to the fire marshal within
18 fifteen calendar days from the date of the inspection, unless otherwise approved by
19 the fire marshal. Failure to submit the report within this time period may result in the
20 fire marshal's rejection of the report.
21 C. The fire marshal may do all of the following:
22 (1) Revoke an inspector's license for cause and only after an administrative
23 hearing.
24 (2) Promulgate rules and regulations through the Administrative Procedure
25 Act as may be deemed necessary for the implementation of the provisions of this
26 Section.
27 §1664.24. Inspection of boilers; periods; extensions
28 A. An external inspection of each power boiler or high-temperature, high-
29 pressure water boiler in this state shall be conducted annually by a licensed boiler
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1 inspector while the boiler is under normal operating conditions, except as provided
2 in R.S. 40:1664.27.
3 B. An internal inspection of each power boiler or high-temperature, high-
4 pressure water boiler in this state shall be conducted annually by a licensed boiler
5 inspector, except as provided in R.S. 40:1664.27 or in this Subsection as follows:
6 (1)(a) A power boiler, the operation of which is an integral part of or
7 necessary adjunct to other continuous operations, shall be inspected internally and
8 issued operating certificates at intervals as are permitted by planned or scheduled
9 shutdown of the processing operation of five days or more in duration occurring after
10 three years have elapsed since the last inspection of the boiler, but not exceeding five
11 years between such intervals.
12 (b) A power boiler shall undergo at least one internal inspection before the
13 owner or operator may apply for a three to five year operating certificate extension.
14 (c) If the owner or operator of a power boiler submits a written and signed
15 statement to the fire marshal affirming that the boiler is an integral part of or
16 necessary adjunct to other continuous operations, the fire marshal may grant an
17 extension of the interval between internal inspections of that boiler up to a maximum
18 of five years.
19 (2) The fire marshal may extend the interval between internal inspections of
20 stationary boilers for a period not to exceed twenty-four months and issue an
21 operating certificate extension if the owner or operator of that boiler submits a
22 written and signed statement to the fire marshal affirming the following:
23 (a) Continuous water treatment under competent and experienced
24 supervision has been in effect since the last internal inspection for the purpose of
25 controlling and limiting corrosion and deposits.
26 (b) Accurate and complete records are available showing that since the last
27 internal inspection samples of boiler water have been taken at regular intervals not
28 greater than twenty-four hours of operation and that the water condition in the boiler
29 is satisfactorily controlled.
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1 (c) Accurate and complete records are available showing the dates, if any,
2 that the boiler has been out of service and the reasons for the service disruption since
3 the last internal inspection, and such records shall include the nature of all repairs to
4 the boiler, the reasons for those repairs, and by whom the repairs were made.
5 (d) The last internal and current external inspection of the boiler indicates
6 the inspection period may be safely extended.
7 C.(1) Low-pressure boilers shall receive inspections in accordance with the
8 following schedule:
9 (a) Steam or vapor boilers shall have an external inspection and an internal
10 inspection every two years where construction permits.
11 (b) Hot water heating and hot water supply boilers shall have an external
12 inspection every two years and where construction permits, an internal inspection at
13 the discretion of the inspector.
14 (c) Potable water boilers shall have an external inspection every two years.
15 (2) Inspections shall include the functions of all controls and devices. If at
16 any time a hydrostatic test is deemed necessary to determine the safety of a boiler,
17 the test shall be made by a licensed inspector or at the discretion of the fire marshal.
18 §1664.25. Operating certificates; fees; issuance and suspension
19 A.(1) If, upon inspection, a boiler is found to be suitable and to conform to
20 the rules and regulations of the fire marshal, the fire marshal shall issue to the owner
21 or operator of that boiler an operating certificate specifying the maximum pressure
22 which the boiler may be allowed to carry.
23 (2) A one hundred fifty dollar fee shall be collected by the fire marshal for
24 the issuance or reinstatement of any operating certificate and for any extension of
25 internal inspection.
26 (3) The internal and external operating certificates shall be prominently
27 posted on the boiler or in the room containing the boiler.
28 B.(1) The fire marshal or a licensed inspector may suspend an operating
29 certificate if he reasonably believes the boiler for which it was issued cannot
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1 continue to be operated safely or in accordance with the fire marshal's rules and
2 regulations. The suspension of an operating certificate shall continue in effect until
3 the boiler has been made to conform to the fire marshal's rules and regulations
4 regarding boilers and until the fire marshal has reinstated the operating certificate.
5 (2) If the fire marshal or a licensed inspector finds that a boiler is operating
6 unsafely or that the boiler constitutes an imminent hazard, the licensed inspector
7 shall immediately order the boiler to be shut down, and shall notify the fire marshal
8 of his findings within twenty-four hours. The shutdown shall be carried out in
9 accordance with applicable safety standards and established safe shutdown
10 procedures, and shall be consistent with documented operating and safety
11 procedures, including appropriate coordination, isolation of energy sources, and any
12 required internal or external notifications.
13 C. The operating certificate fee provided for in this Section is intended to
14 cover the cost of the issuance of those operating certificates and shall be retained and
15 disbursed by the fire marshal.
16 §1664.26. Operation of boiler without operating certificate; penalty
17 A. The operation of a boiler without an operating certificate or with a
18 suspended or expired operating certificate shall be penalized as follows:
19 (1) If the fire marshal or a licensed inspector finds that the owner has failed
20 to comply with the provisions of this Section, or receives a report from a licensed
21 inspector that a boiler is not in compliance with applicable safety standards, he shall
22 issue a written order to the boiler's owner or operator to have the boiler brought into
23 compliance with applicable safety standards and to have a satisfactory inspection
24 conducted before the boiler may be returned to operation.
25 (2) If the fire marshal finds that the owner has failed to comply with his
26 warning, the fire marshal shall issue a second order and may impose a fine of no
27 more than two hundred fifty dollars per day against the owner or operator for failure
28 to comply with this Section.
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1 (3) The fire marshal may promulgate rules and regulations in accordance
2 with the Administrative Procedure Act to implement provisions of this Section.
3 B. Each day of unlawful operation shall constitute a separate offense.
4 §1664.27. Installation of boilers
5 No boiler shall be installed after six months following the date on which the
6 rules and regulations promulgated by the fire marshal governing new installations
7 become effective unless that boiler conforms to the newly-promulgated rules and
8 regulations.
9 §1664.28. Exemptions from provisions
10 A. The provisions of this Subpart shall not be construed as in any way
11 preventing the use or sale of boilers which have been installed or in use in this state
12 prior to July 7, 1938, and which have been made to conform to the rules and
13 regulations of the fire marshal governing existing installations, as provided in R.S.
14 40:1664.26.
15 B. The provisions of this Subpart are not applicable to any of the following:
16 (1) Boilers subject to inspection by any department or agency of the federal
17 government.
18 (2) Air tanks located on vehicles used for transporting passengers or freight.
19 (3) Boilers of steam fire engines brought into the state for temporary use in
20 times of emergency.
21 (4) Portable boilers used for agricultural purposes only.
22 (5) Steam heating boilers carrying not more than fifteen pounds pressure
23 used exclusively for noncommercial purposes located in any private home.
24 (6) Potable water boilers below one hundred twenty gallon capacity and less
25 than two hundred thousand BTUs (British Thermal Units).
26 (7) Hot water heating and supply boilers used exclusively for
27 noncommercial purposes located in any private home.
28 (8) Boilers located in any private home.
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1 §1664.29. Fees for operating certificates
2 A. The owner or operator of a boiler required by this Subpart to be inspected
3 by a licensed inspector shall pay to the fire marshal a fee of one hundred fifty dollars
4 for every operating certificate.
5 B. Failure to pay operating certificate fees within thirty days following the
6 date of the inspection may subject the owner, operator, or person requesting the
7 special inspection to fines and penalties according to the fire marshal's rules and
8 regulations.
9 C. The fees for inspection provided for in this Section are intended to defray
10 the cost of employment of the office of state fire marshal and shall be retained and
11 disbursed by the fire marshal for this purpose.
12 D. The provisions of this Section do not apply to commercial potable-water
13 boilers of less than one hundred twenty gallons and two hundred thousand BTU
14 capacity.
15 §1664.30. Installation, moving, or reinstallation of power boilers, steam heating,
16 water supply, potable water, or hot water boilers; licensing; examination; fees
17 A. Any installation, moving, or reinstallation of power boilers, steam
18 heating, water supply, potable water, or hot water heating boilers in this state shall
19 be supervised by an installer licensed by the fire marshal to perform that work.
20 B. The initial fee for an installer license is one hundred dollars payable to
21 the fire marshal prior to issuance of that license. The annual renewal fee for an
22 installer's license is fifty dollars payable on or before January thirty-first of each
23 year.
24 C. Each person applying to be licensed for the installation, moving, or
25 reinstallation of power boilers, steam heating, water supply, potable water, or hot
26 water heating boilers shall obtain a score of seventy percent or more on an
27 examination administered by the fire marshal or his designated representative before
28 an installer license is issued by the fire marshal.
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1 D. The fee for the installer's license examination is one hundred fifty dollars,
2 payable at the time of examination.
3 §1664.31. Application for installation, moving, or reinstallation of a boiler; fee
4 A. All boilers in this state shall be installed, moved, or reinstalled under the
5 supervision of a licensed installer and that licensed installer shall submit a signed
6 permit application to the fire marshal before the beginning of work. The application
7 shall list all of the following:
8 (1) The location of the boiler.
9 (2) The date installation is to be completed.
10 (3) The trade name of the boiler.
11 (4) The type of boiler.
12 (5) The manufacturer's and National Board's identifying number, and ASME
13 Stamp.
14 B. This application for permit to install, move, or reinstall a boiler shall be
15 accompanied by an installation permit fee of one hundred fifty dollars and shall be
16 signed by the licensed installer.
17 §1664.32. Penalties
18 No boiler in this state shall be installed, moved, or reinstalled without a
19 permit issued to a licensed installer by the fire marshal or his designated
20 representative. Whoever fails to comply with the provisions of R.S. 40:1664.30 and
21 1664.31 may be fined not more than two hundred fifty dollars per day.
22 §1664.33. Disposition of fees
23 All fees collected pursuant to this Subpart shall be used exclusively for the
24 operation and maintenance of the office of the state fire marshal.
25 Section 3. Part II of Chapter 1 of Title 23 of the Louisiana Revised Statutes of 1950,
26 comprised of R.S. 23:41 through 49, and Part III of Chapter 5 of Title 23 of the Louisiana
27 Revised Statutes of 1950, comprised of R.S. 23:531 through 546, are hereby repealed in their
28 entirety.
29 Section 4. This Act shall become effective on January 1, 2027.
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 799 Reengrossed 2026 Regular Session Fontenot
Abstract: Provides relative to boilers.
Present law provides for the regulation of boilers by the state fire marshal in present law
(Title 23 of the Louisiana Revised Statutes of 1950).
Proposed law updates the language of these statutes to modern standards, and moves
provisions to proposed law (Part III of Chapter 7 of Title 40).
Present law provides for the purposes and functions of offices within the Dept. of Public
Safety and Corrections, including the office of state fire marshal.
Proposed law amends present law regarding the purpose and function of the office of state
fire marshal to reflect the changes being made in proposed law but otherwise retains present
law.
Present law provides for the La. State Bd. of Boiler Examiners and its membership, powers,
and duties, and provisions regarding examinations, certificates of competency, and
revocation of certificates.
Proposed law repeals provisions of present law relative to the La. State Bd. of Boiler
Examiners.
Present law provides for the authority of the assistant secretary of office of state fire marshal
to investigate and promulgate rules and regulations regarding construction, installation,
repair, use, operation, and safety of boilers in this state.
Proposed law grants the authority to the state fire marshal and amends the language for
greater clarity and readability but otherwise maintains the provisions of present law.
Present law provides that the fire marshal's rules and regulations conform as nearly as
practicable to the boiler construction code of the American Society of Mechanical Engineers.
Proposed law provides that the fire marshal's rules and regulations shall conform to the
boiler construction code of the American Society of Mechanical Engineers but otherwise
maintains the provisions of present law.
Present law provides that the assistant secretary shall do the following:
(1) Employ and compensate, with the approval of the governor, inspectors and other
assistants and employees as he may deem necessary for the exercise of the powers
and the performance of the duties prescribed in proposed law.
(2) Have free access for himself or authorized representatives to any premises in the
state where a boiler is being constructed, installed, or operated, for the purpose of
ascertaining whether such boiler is built, repaired, installed, or operated in
accordance with the provisions of proposed law.
(3) Prosecute all violators of the provisions of proposed law.
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(4) Issue, suspend, or revoke inspection certificates allowing boilers to be operated, as
provided in proposed law.
(5) Draw upon the state treasurer for funds necessary to meet any expense authorized by
this Part which, in addition to the salaries of employees, shall include necessary
traveling expenses and the expenses incident to the maintenance of any offices
required in the state.
(6) Enforce the laws governing the use of boilers and to enforce the rules and regulations
of the assistant secretary.
(7) Keep a complete record of the type, dimensions, age, condition, pressure allowed
upon, location, and date of the last inspection, of all boilers to which proposed law
applies.
Proposed law provides that the fire marshal shall do all of the provisions provided in present
law.
Present law provides that the assistant secretary may, upon the request of any company
authorized to insure against loss from explosion of boilers in this state, appoint the boiler
inspectors of the company as special inspectors, who shall serve at his pleasure, provided
that each such inspector holds a certificate of competency as an inspector of boilers from the
National Board of Boiler and Pressure Vessel Inspectors.
Present law provides that special inspectors shall inspect all boilers insured by their
respective companies, and the owners or users of such insured boilers shall be exempt from
the payment of inspection fees required in present law. Each company employing such
special inspectors shall, within thirty days following each annual internal inspection made
by them, file a report of such inspection with the assistant secretary upon appropriate forms
as promulgated by the American Society of Mechanical Engineers.
Proposed law provides that the fire marshal may license inspectors to inspect boilers in this
state in accordance with the National Board Inspection Code published by the National
Board of Boiler and Pressure Vessel Inspectors, the Controls and Safety Devices for
Automatically Fired Boilers published by the American Society of Mechanical Engineers
(ASME), and all applicable sections of the ASME codes.
Proposed law provides that licensed inspectors shall not be compensated by the state, and
shall do all of the following:
(1) Hold an in-service inspector's commission from the National Board of Boiler and
Pressure Vessel Inspectors.
(2) Maintain employment with a company both authorized by the fire marshal to inspect
boilers in this state and accredited by the National Board of Boiler and Pressure
Vessel Inspectors as an authorized inspection agency performing in-service
inspection activities as published in NB-369.
(3) For an insured boiler, inspect that boiler within thirty days of the expiration date on
the operating certificate of that boiler, whether the inspector is employed by or under
contract with the insurance company. However, for an uninsured boiler, or for a
boiler with an operating certificate that has expired for more than thirty days, such
a boiler may be inspected by any licensed inspector holding a current and valid
inspector commission in this state.
(4) Submit a report of every boiler inspection to the fire marshal within fifteen calendar
days from the date of the inspection, unless otherwise approved by the fire marshal.
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Failure to submit the report within this time period may result in the fire marshal's
rejection of the report.
Present law provides separate procedures for the appointment of boiler inspectors for the city
of New Orleans.
Proposed law provides one procedure for the entire state.
Present law provides that the assistant secretary may:
(1) Revoke inspector recognition for cause and only after an administrative hearing.
(2) Monitor inspection activities by the special inspectors for the city of New Orleans.
(3) Follow up on overdue repair reports with the New Orleans inspection agency.
(4) Promulgate rules and regulations through the Administrative Procedure Act as may
be deemed necessary for the implementation of the provisions of present law.
Proposed law provides that the fire marshal may do all of the following:
(1) Revoke an inspector's license for cause and only after an administrative hearing.
(2) Promulgate rules and regulations through the Administrative Procedure Act as may
be deemed necessary for the implementation of the provisions of proposed law.
Present law provides for the inspection schedule for power boilers, high-pressure and high-
temperature water boilers, stationary boilers, and low-pressure boilers.
Proposed law requires a written and signed statement by the owner or operator of a power
boiler or a high-pressure, high-temperature water boiler affirming that the boiler is an
integral part of or necessary adjunct to other continuous operations to apply for a 3 to 5 year
extension of internal operating certificate inspection, but otherwise updates language and
retains the provisions of present law.
Present law provides for inspection certificates, and fees of $20 for the issuance of
inspection certificate and $40 for extensions of internal inspection, and $200 for issuance
of inspection certificate for a period not to exceed 5 years. Present law requires inspection
certificates to be posted under glass in the room containing the boiler. In the case of a
potable boiler, the certificate shall likewise be posted in a metal container fastened to a
machine or tool box accompanying the boiler, and that no inspection certificate issued for
a boiler inspected by a special inspector is valid after the boiler for which it was issued
ceases to be insured by an authorized insurance company.
Proposed law provides that a $150 fee shall be collected by the fire marshal for the issuance
or reinstatement of any operating certificate and for any extension of internal inspection, and
that the internal and external operating certificates shall be prominently posted on the boiler
or in the room containing the boiler.
Present law provides that the assistant secretary may at any time suspend an inspection
certificate if the boiler for which it was issued cannot be operated safely, and that the
suspension of an inspection certificate shall continue in effect until the boiler has been made
to conform to the rules and regulations of the assistant secretary governing the use of boilers,
and until the inspection certificate has been reinstated.
Proposed law provides that the fire marshal or a licensed inspector may suspend an operating
certificate when he reasonably believes the boiler for which it was issued cannot continue
to be operated safely or in accordance with the fire marshal's rules and regulations. The
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suspension of an operating certificate continues in effect until the boiler has been made to
conform to the fire marshal's rules and regulations regarding boilers and until the fire
marshal has reinstated the operating certificate. If the fire marshal or a licensed inspector
finds that a boiler is operating unsafely or that the boiler constitutes an imminent hazard, the
licensed inspector shall immediately order the boiler to be shut down, and shall notify the
fire marshal of his findings within twenty-four hours. Proposed law provides that any
shutdown shall be carried out in accordance with applicable safety standards and established
safe shutdown procedures, and shall be consistent with documented operating and safety
procedures, including appropriate coordination, isolation of energy sources, and any required
internal or external notifications.
Present law provides that the operation of a boiler without an inspection certificate, or at a
pressure exceeding that specified in such inspection certificate constitutes a misdemeanor
on the part of the owner, user, or operator thereof punishable by a fine of not less than $25
nor more than $500, or imprisonment for not less than 10 days, nor more than 90 days, or
both. Each day of such unlawful operation constitutes a separate offense.
Proposed law provides for a warning and civil penalty system as follows:
(1) When the fire marshal or a licensed inspector finds that the owner has failed to
comply with the provisions of proposed law, or receives a report from a licensed
inspector that a boiler is not in compliance with applicable safety standards, he shall
issue a written warning and order to have the boiler repaired and reinspected.
(2) If the fire marshal finds that the owner has failed to comply with his warning, the fire
marshal shall issue a second order and may impose a fine of no more than $250 per
day against the owner or operator for failure to comply with proposed law.
Present law provides that no boiler shall be installed after six months from the date upon
which the rules and regulations formulated by the assistant secretary governing new
installations shall have become effective, unless the boiler conforms to such rules and
regulations and that boilers installed and ready for use, or being used, before the six months
shall have elapsed, shall be made to conform to the rules and regulations of the assistant
secretary governing existing installations, and the formulas therein prescribed shall be used
in determining the maximum allowable working pressure therefor.
Proposed law updates language to modern standards but otherwise retains these provisions
of present law.
Present law provides for which types of boilers are exempt from present law.
Proposed law retains the same provisions as present law.
Present law provides the following fee schedule for boiler inspections:
(1) Potable-water boilers $ 15.00
(2) Heating boilers $ 35.00
(3) Power boilers
External Internal
(a) 100 sq. ft. or less
heating surface $ 20.00 $ 50.00
(b) Over 100 sq. ft. and
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HB NO. 799
not exceeding 1000
sq. ft. heating surface $ 35.00 $75.00
(c) Over 1000 sq. ft. heating surface $ 70.00 $150.00
(4) Electric boilers $ 30.00 $50.00
(5) Coil-type steam generators $ 50.00
(6) Special inspections
(a) $300.00 and expenses for up to one-half day $ 250.00*
(b) $600.00 and expenses for one day $ 500.00*
(7) Quality control program reviews
(a) Boiler and pressure vessel manufacturers and repair organizations
(1) $250.00 and expenses for up to one-half day
(2) $400.00 and expenses for one day
(b) Safety valve assembly and repair organizations
(1) $250.00 and expenses for up to one-half day
(2) $400.00 and expenses for one day
(8) Nuclear surveys
(a) $250.00 and expenses for up to one-half day
(b) $500.00 and expenses for one day
Proposed law provides a fee of $150 for any boiler inspection.
Present law provides that the manufacturer of a boiler or pressure vessel required by present
law to be inspected shall pay to the assistant secretary an inspection fee for the ASME, or
National Board of Boiler and Pressure Vessel Inspectors “Shop Reviews for Certificate of
Authorization”, or both, in the amount of $1500 per location review.
Proposed law repeals this shop review fee.
Present law further provides that provisions of present law regarding operating certificate
fees are not applicable to commercial potable-water boilers of 50-gallon capacity or less.
Proposed law amends the application of that exemption, from commercial potable-water
boilers of 50-gallon capacity or less to boilers with less than 120 gallons capacity and less
than 200,000 BTU capacity.
Present law provides that the assistant secretary may in his discretion require any employee
to furnish a bond conditioned upon the faithful performance of his duties and upon a true
account of moneys handled by him. The cost of these bonds shall be paid by the assistant
secretary as a necessary administrative expense.
Proposed law repeals this provision.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-552 REENGROSSED
HB NO. 799
Present law provides that every person, firm, or corporation engaged in the installation,
moving, or reinstallation of power boilers, steam heating, or hot water heating boilers in this
state shall be licensed by the assistant secretary to perform such work.
Proposed law provides that any of this work shall be supervised by a licensed installer.
Present law provides that licensed installers or movers shall pay a $75 annual license fee.
Proposed law provides for a $100 fee for installer license issuance and a $50 annual renewal
fee.
Present law provides that every person, firm, or corporation shall pass a written examination
administered by the chief boiler inspector before licensure.
Proposed law maintains this requirement but provides that a passing score is one of 70% or
greater.
Present law provides for a $50 exam fee.
Proposed law raises this fee to $150.
Present law provides that when any boiler in this state, the city of New Orleans excepted, is
to be installed, moved, or reinstalled, the installer must be licensed by the assistant secretary
to perform such work and shall submit an application to the chief boiler inspector.
Proposed law removes the exception for the city of New Orleans and provides that the work
be supervised by a licensed installer who shall submit a signed permit application to the fire
marshal before beginning the work.
Present law provides the application shall list the location of the boiler, the date installation
is to be completed, the trade name of the boiler, the type of boiler, and the manufacturer's
and National Board's identifying number.
Proposed law maintains this requirement of present law.
Present law provides an installation or moving permit fee of $25.
Proposed law raises this fee from $25 to $150.
Present law provides that no boiler in this state, the city of New Orleans excepted, shall be
installed, moved, or reinstalled without a permit issued to a licensed person by a chief boiler
inspector.
Proposed law removes the exemption for the city of New Orleans.
Present law provides that whoever fails to comply with the provisions of present law
regarding installation or moving boilers shall be fined not more than $1000 or imprisoned
for not more than one year, or both. Each violation hereunder shall constitute a separate
offense.
Proposed law provides that there shall be a $250 per day fine and removes the imprisonment
penalty.
Present law provides that all inspection certificate and installation permit fees collected shall
be used exclusively for the operation and maintenance of the boiler section within the office
of the state fire marshal, code enforcement and building safety.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-552 REENGROSSED
HB NO. 799
Proposed law provides that these fees shall be maintained for the operation and maintenance
of the office of state fire marshal.
Effective Jan. 1, 2027.
(Amends R.S. 36:408(D)(1)(d); Adds R.S. 40:1664.21-1664.33; Repeals R.S. 23:41-49 and
531-546)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
2. Provide that the fire marshal may license inspectors in accordance with current
codes and standards published by the National Board of Boiler and Pressure
Vessel Inspectors and the American Society of Mechanical Engineers.
3. Provide that a licensed inspector shall maintain employment with a company
both authorized by the fire marshal to inspect boilers in this state and accredited
by the National Board of Boiler and Pressure Vessel Inspectors as an authorized
inspection agency performing inservice inspection activities as published in
NB-369.
4. Provide for duties of a licensed inspector relative to insured boilers, uninsured
boilers, and boilers with an operating certificate expired for more than 30 days.
5. Provide that any boiler shutdown ordered by the fire marshal or a licensed
inspector be conducted in accordance with applicable safety standards and
documented procedures.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.