CHAPTER 16. PLUMBERS

§1361. State Plumbing Board, appointments; qualifications; legislative intent; authority

A. The purpose of the legislature in enacting this Chapter is the protection of the health, safety, environment, and general welfare of all those persons who use and rely upon plumbing, and medical gas and vacuum systems for their personal or commercial needs, and the affording to such persons of an effective and practical protection against incompetent, inexperienced, or unlawful acts by persons who perform plumbing and medical gas and vacuum systems work. Further, the legislative intent is that the State Plumbing Board shall be the sole and exclusive agency in this state empowered to license natural persons and regulated business entities engaged or seeking to engage in the business of plumbing and medical gas and vacuum systems installation and verification and to ensure compliance with the licensing requirements of this Chapter. Nothing herein shall preclude any current authority of the State Licensing Board for Contractors.

B. The State Plumbing Board is created. The board, which shall be appointed by the governor, shall consist of one registered engineer, one plumbing inspector, three master plumbers, three journeyman plumbers, and one tradesman plumber. Each appointment shall be made from a list of three names for each appointment submitted by the following:

(1) The registered engineer and the plumbing inspector by the president of the Louisiana State Board of Health.

(2) Master plumbers by the Louisiana Association of Plumbing, Heating and Cooling Contractors or its successors.

(3) Journeymen plumbers by the Louisiana Pipe Trades Association or its successor.

(4) The tradesman plumber by the executive director of the State Plumbing Board of Louisiana.

C. The board shall be a corporate body, may sue and be sued, and shall possess in addition to the powers herein granted, all the usual powers incident to corporation.

D. All members shall be qualified electors of this state and licensed by the board except the first board members who shall be licensed within one year.

E. Five members shall constitute a quorum.

F.(1)(a) The board shall be the sole and exclusive agency in this state empowered to license any natural person or regulated business entity who is engaged or who seeks to engage in the business of gas fitting work for the general public that includes installation, repair, improvement, alterations, or removal of natural gas piping, tanks, and appliances annexed to real property.

(b) Nothing in Subparagraph (a) of this Paragraph shall be construed to supersede any of the following:

(i) The authority of the State Licensing Board for Contractors to regulate mechanical contractors as defined in R.S. 37:2150.1.

(ii) The authority of the Louisiana Liquefied Petroleum Gas Commission to regulate gas fitter installations pursuant to R.S. 40:1846.

(c) The board is authorized to promulgate rules and regulations related to gas fitting, and those rules and regulations shall preempt any conflicting local laws.

(2)(a) Notwithstanding any provision of a home rule charter to the contrary, the provisions of this Section shall preempt any municipal or other local regulatory examination authority relative to gas fitters and master gas fitters.

(b) No municipal or other local regulatory authority shall require any gas fitter or master gas fitter to apply for or to maintain any gas fitter or master gas fitter's license, or any equivalent thereof, as a condition to perform gas fitting work in any municipality or other local jurisdiction unless that gas fitter or master gas fitter's license is issued by the board.

(c) A municipality or other local regulatory authority may assess and collect locally adopted fees and charges relative to gas fitting work, as defined in R.S. 37:1377, that is performed in their respective jurisdictions but only from persons licensed pursuant to R.S. 37:1368.

Acts 1964, No. 498, §1; Acts 1990, No. 752, §1, eff. Jan. 1, 1991; Acts 1999, No. 1020, §1, eff. July 9, 1999; Acts 2016, No. 297, §1, eff. Jan. 1, 2017; Acts 2016, No. 515, §1.