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ACT No. 8422026 Regular Session
HOUSE BILL NO. 799
BY REPRESENTATIVE FONTENOT
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 * * *
23 (d) Exclusive power to investigate and to make and prescribe rules and
24 regulations for the proper construction, installation, repair, use, operation, and safety
25 of boilers in the state, the city of New Orleans excepted to license boiler inspectors,
26 and to issue general or special orders for the enforcement of such rules and
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1 regulations as well as any provision of law affecting boilers. The rules and
2 regulations so formulated shall conform as nearly as practicable to the boiler
3 construction code of the American Society of Mechanical Engineers, all as specified
4 in R.S. 23:531 through 542 Subpart D-4 of Part III of Chapter 7 of Title 40 of the
5 Louisiana Revised Statutes of 1950.
6 * * *
7 Section 2. Subpart D-4 of Part III of Chapter 7 of Title 40 of the Louisiana Revised
8 Statutes of 1950, comprised of R.S. 40:1664.21 through 1664.33, is hereby enacted to read
9 as follows:
10 SUBPART D-4. BOILERS
11 §1664.21. State fire marshal; authority to make rules; investigations
12 A. The state fire marshal has the exclusive power to investigate, and to
13 promulgate rules and regulations, in accordance with the Administrative Procedure
14 Act, for the proper construction, installation, repair, use, operation, and safety of
15 boilers in this state and to issue orders for the enforcement of rules and regulations
16 as well as any provisions of law affecting boilers.
17 B. The rules and regulations shall conform to the boiler construction code
18 of the American Society of Mechanical Engineers (ASME). Boilers requiring
19 ASME Code stamping by the owner, user, or fabricator in shop or field fabrication,
20 assembly, modification, or repair shall be inspected in accordance with the ASME
21 Code and national board standards.
22 §1664.22. Duties of fire marshal
23 The fire marshal may do all of the following:
24 (1) Employ and compensate, with the approval of the governor, inspectors
25 and other assistants and employees as are necessary for the exercise of the powers
26 and the performance of the duties prescribed in this Subpart.
27 (2) Have free access to any premises in the state where a boiler is being
28 constructed, installed, or operated, for the purpose of investigating whether that
29 boiler is built, repaired, installed, or operated in accordance with the provisions of
30 this Subpart.
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1 (3) Prosecute all violators of the provisions of this Subpart.
2 (4) Issue, suspend, or revoke installation permits for boilers and operating
3 certificates allowing boilers to be operated, as provided in this Subpart.
4 (5) Draw upon the state treasurer for funds necessary to meet any expense
5 authorized by this Subpart which, in addition to the salaries of employees, shall
6 include necessary traveling expenses and the expenses incident to the maintenance
7 of any offices required in the state.
8 (6) Enforce the laws governing the use of boilers and to enforce the rules and
9 regulations of the fire marshal.
10 (7) Keep a complete record of the type, dimensions, age, condition, pressure
11 allowed upon, location, and date of the last inspection of all boilers to which this
12 Subpart applies.
13 §1664.23. Licensed boiler inspectors
14 A. The fire marshal may license inspectors to inspect boilers in this state in
15 accordance with all of the following:
16 (1) The current edition of the National Board Inspection Code published by
17 the National Board of Boiler and Pressure Vessel Inspectors.
18 (2) The current standards for Controls and Safety Devices for Automatically
19 Fired Boilers, also known as CSD-1, published by the American Society of
20 Mechanical Engineers (ASME).
21 (3) All applicable sections of the ASME codes.
22 B. A licensed inspector shall receive no salary from nor shall any of his
23 expenses be paid by the state except as provided in R.S. 40:1664.22(1). A licensed
24 inspector shall do all of the following:
25 (1) Hold an inservice inspector's commission from the National Board of
26 Boiler and Pressure Vessel Inspectors.
27 (2) Maintain employment with a company that is all of the following:
28 (a) Accredited by the National Board of Boiler and Pressure Vessel
29 Inspectors as an authorized inspection agency performing inservice inspection
30 activities as published in NB-369.
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1 (b) Authorized by the fire marshal to inspect boilers in this state.
2 (3)(a) For an insured boiler, inspect that boiler within thirty days of the
3 expiration date on the operating certificate of that boiler, whether the inspector is
4 employed by or under contract with the insurance company.
5 (b) For an uninsured boiler, or for a boiler with an operating certificate that
6 has been expired for more than thirty days, that boiler may be inspected by any
7 licensed inspector in this state holding a current and valid inservice inspector's
8 commission from the National Board of Boiler and Pressure Vessel Inspector.
9 (4) Submit a report of every boiler inspection to the fire marshal within
10 fifteen calendar days from the date of the inspection, unless otherwise approved by
11 the fire marshal. Failure to submit the report within this time period may result in the
12 fire marshal's rejection of the report.
13 C. The fire marshal may do all of the following:
14 (1) Revoke an inspector's license for cause and only after an administrative
15 hearing.
16 (2) Promulgate rules and regulations through the Administrative Procedure
17 Act as may be deemed necessary for the implementation of the provisions of this
18 Section.
19 §1664.24. Inspection of boilers; periods; extensions
20 A. An external inspection of each power boiler or high-temperature, high-
21 pressure water boiler in this state shall be conducted annually by a licensed boiler
22 inspector while the boiler is under normal operating conditions, except as provided
23 in R.S. 40:1664.27.
24 B. An internal inspection of each power boiler or high-temperature, high-
25 pressure water boiler in this state shall be conducted annually by a licensed boiler
26 inspector, except as provided in R.S. 40:1664.27 or in this Subsection as follows:
27 (1)(a) A power boiler, the operation of which is an integral part of or
28 necessary adjunct to other continuous operations, shall be inspected internally and
29 issued operating certificates at intervals as are permitted by planned or scheduled
30 shutdown of the processing operation of five days or more in duration occurring after
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1 three years have elapsed since the last inspection of the boiler, but not exceeding five
2 years between such intervals.
3 (b) A power boiler shall undergo at least one internal inspection before the
4 owner or operator may apply for a three to five year operating certificate extension.
5 (c) If the owner or operator of a power boiler submits a written and signed
6 statement to the fire marshal affirming that the boiler is an integral part of or
7 necessary adjunct to other continuous operations, the fire marshal may grant an
8 extension of the interval between internal inspections of that boiler up to a maximum
9 of five years.
10 (2) The fire marshal may extend the interval between internal inspections of
11 stationary boilers for a period not to exceed twenty-four months and issue an
12 operating certificate extension if the owner or operator of that boiler submits a
13 written and signed statement to the fire marshal affirming the following:
14 (a) Continuous water treatment under competent and experienced
15 supervision has been in effect since the last internal inspection for the purpose of
16 controlling and limiting corrosion and deposits.
17 (b) Accurate and complete records are available showing that since the last
18 internal inspection samples of boiler water have been taken at regular intervals not
19 greater than twenty-four hours of operation and that the water condition in the boiler
20 is satisfactorily controlled.
21 (c) Accurate and complete records are available showing the dates, if any,
22 that the boiler has been out of service and the reasons for the service disruption since
23 the last internal inspection, and such records shall include the nature of all repairs to
24 the boiler, the reasons for those repairs, and by whom the repairs were made.
25 (d) The last internal and current external inspection of the boiler indicates
26 the inspection period may be safely extended.
27 C.(1) Low-pressure boilers shall receive inspections in accordance with the
28 following schedule:
29 (a) Steam or vapor boilers shall have an external inspection and an internal
30 inspection every two years where construction permits.
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1 (b) Hot water heating and hot water supply boilers shall have an external
2 inspection every two years and where construction permits, an internal inspection at
3 the discretion of the inspector.
4 (c) Potable water boilers shall have an external inspection every two years.
5 (2) Inspections shall include the functions of all controls and devices. If at
6 any time a hydrostatic test is deemed necessary to determine the safety of a boiler,
7 the test shall be made by a licensed inspector or at the discretion of the fire marshal.
8 §1664.25. Operating certificates; fees; issuance and suspension
9 A.(1) If, upon inspection, a boiler is found to be suitable and to conform to
10 the rules and regulations of the fire marshal, the fire marshal shall issue to the owner
11 or operator of that boiler an operating certificate specifying the maximum pressure
12 which the boiler may be allowed to carry.
13 (2) A one hundred fifty dollar fee shall be collected by the fire marshal for
14 the issuance or reinstatement of any operating certificate and for any extension of
15 internal inspection.
16 (3) The internal and external operating certificates shall be prominently
17 posted on the boiler or in the room containing the boiler.
18 B.(1) The fire marshal or a licensed inspector may suspend an operating
19 certificate if he reasonably believes the boiler for which it was issued cannot
20 continue to be operated safely or in accordance with the fire marshal's rules and
21 regulations. The suspension of an operating certificate shall continue in effect until
22 the boiler has been made to conform to the fire marshal's rules and regulations
23 regarding boilers and until the fire marshal has reinstated the operating certificate.
24 (2) If the fire marshal or a licensed inspector finds that a boiler is operating
25 unsafely or that the boiler constitutes an imminent hazard, the licensed inspector
26 shall immediately order the boiler to be shut down, and shall notify the fire marshal
27 of his findings within twenty-four hours. The shutdown shall be carried out in
28 accordance with applicable safety standards and established safe shutdown
29 procedures, and shall be consistent with documented operating and safety
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1 procedures, including appropriate coordination, isolation of energy sources, and any
2 required internal or external notifications.
3 C. The operating certificate fee provided for in this Section is intended to
4 cover the cost of the issuance of those operating certificates and shall be retained and
5 disbursed by the fire marshal.
6 §1664.26. Operation of boiler without operating certificate; penalty
7 A. The operation of a boiler without an operating certificate or with a
8 suspended or expired operating certificate shall be penalized as follows:
9 (1) If the fire marshal or a licensed inspector finds that the owner has failed
10 to comply with the provisions of this Section, or receives a report from a licensed
11 inspector that a boiler is not in compliance with applicable safety standards, he shall
12 issue a written order to the boiler's owner or operator to have the boiler brought into
13 compliance with applicable safety standards and to have a satisfactory inspection
14 conducted before the boiler may be returned to operation.
15 (2) If the fire marshal finds that the owner has failed to comply with his
16 warning, the fire marshal shall issue a second order and may impose a fine of no
17 more than two hundred fifty dollars per day against the owner or operator for failure
18 to comply with this Section.
19 (3) The fire marshal may promulgate rules and regulations in accordance
20 with the Administrative Procedure Act to implement provisions of this Section.
21 B. Each day of unlawful operation shall constitute a separate offense.
22 §1664.27. Installation of boilers
23 No boiler shall be installed after six months following the date on which the
24 rules and regulations promulgated by the fire marshal governing new installations
25 become effective unless that boiler conforms to the newly-promulgated rules and
26 regulations.
27 §1664.28. Exemptions from provisions
28 A. The provisions of this Subpart shall not be construed as in any way
29 preventing the use or sale of boilers which have been installed or in use in this state
30 prior to July 7, 1938, and which have been made to conform to the rules and
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1 regulations of the fire marshal governing existing installations, as provided in R.S.
2 40:1664.26.
3 B. The provisions of this Subpart are not applicable to any of the following:
4 (1) Boilers subject to inspection by any department or agency of the federal
5 government.
6 (2) Air tanks located on vehicles used for transporting passengers or freight.
7 (3) Boilers of steam fire engines brought into the state for temporary use in
8 times of emergency.
9 (4) Portable boilers used for agricultural purposes only.
10 (5) Steam heating boilers carrying not more than fifteen pounds pressure
11 used exclusively for noncommercial purposes located in any private home.
12 (6) Potable water boilers below one hundred twenty gallon capacity and less
13 than two hundred thousand BTUs (British Thermal Units).
14 (7) Hot water heating and supply boilers used exclusively for
15 noncommercial purposes located in any private home.
16 (8) Boilers located in any private home.
17 §1664.29. Fees for operating certificates
18 A. The owner or operator of a boiler required by this Subpart to be inspected
19 by a licensed inspector shall pay to the fire marshal a fee of one hundred fifty dollars
20 for every operating certificate.
21 B. Failure to pay operating certificate fees within thirty days following the
22 date of the inspection may subject the owner, operator, or person requesting the
23 special inspection to fines and penalties according to the fire marshal's rules and
24 regulations.
25 C. The fees for inspection provided for in this Section are intended to defray
26 the cost of employment of the office of state fire marshal and shall be retained and
27 disbursed by the fire marshal for this purpose.
28 D. The provisions of this Section do not apply to commercial potable-water
29 boilers of less than one hundred twenty gallons and two hundred thousand BTU
30 capacity.
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1 §1664.30. Installation, moving, or reinstallation of power boilers, steam heating,
2 water supply, potable water, or hot water boilers; licensing; examination; fees
3 A. Any installation, moving, or reinstallation of power boilers, steam
4 heating, water supply, potable water, or hot water heating boilers in this state shall
5 be supervised by an installer licensed by the fire marshal to perform that work.
6 B. The initial fee for an installer license is one hundred dollars payable to
7 the fire marshal prior to issuance of that license. The annual renewal fee for an
8 installer's license is fifty dollars payable on or before January thirty-first of each
9 year.
10 C. Each person applying to be licensed for the installation, moving, or
11 reinstallation of power boilers, steam heating, water supply, potable water, or hot
12 water heating boilers shall obtain a score of seventy percent or more on an
13 examination administered by the fire marshal or his designated representative before
14 an installer license is issued by the fire marshal.
15 D. The fee for the installer's license examination is one hundred fifty dollars,
16 payable at the time of examination.
17 §1664.31. Application for installation, moving, or reinstallation of a boiler; fee
18 A. All boilers in this state shall be installed, moved, or reinstalled under the
19 supervision of a licensed installer and that licensed installer shall submit a signed
20 permit application to the fire marshal before the beginning of work. The application
21 shall list all of the following:
22 (1) The location of the boiler.
23 (2) The date installation is to be completed.
24 (3) The trade name of the boiler.
25 (4) The type of boiler.
26 (5) The manufacturer's and National Board's identifying number, and ASME
27 Stamp.
28 B. This application for permit to install, move, or reinstall a boiler shall be
29 accompanied by an installation permit fee of one hundred fifty dollars and shall be
30 signed by the licensed installer.
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1 §1664.32. Penalties
2 No boiler in this state shall be installed, moved, or reinstalled without a
3 permit issued to a licensed installer by the fire marshal or his designated
4 representative. Whoever fails to comply with the provisions of R.S. 40:1664.30 and
5 1664.31 may be fined not more than two hundred fifty dollars per day.
6 §1664.33. Disposition of fees
7 All fees collected pursuant to this Subpart shall be used exclusively for the
8 operation and maintenance of the office of the state fire marshal.
9 Section 3. Part II of Chapter 1 of Title 23 of the Louisiana Revised Statutes of 1950,
10 comprised of R.S. 23:41 through 49, and Part III of Chapter 5 of Title 23 of the Louisiana
11 Revised Statutes of 1950, comprised of R.S. 23:531 through 546, are hereby repealed in their
12 entirety.
13 Section 4. This Act shall become effective on January 1, 2027.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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