Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-301 - Licenses Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. No natural
				person shall engage in doing the work of a journeyman plumber unless he
				possesses a license or renewal thereof issued by the board. A journeyman
				plumber may engage in the art of plumbing only when he is under the employment
				of a master plumber licensed by this board. Any journeyman plumber that
				repaired plumbing independently and without the supervision of a master plumber
				prior to January 1, 2024, may continue to operate in such a manner for a period
				of five years, and shall within that five-year period pass the master plumber
				examination to obtain a master plumber license.
B. No natural person shall engage in doing
				the work of an apprentice unless he possesses a registration or renewal thereof
				issued by the board as established in
				§508 Registered
				apprentices may engage in the art of plumbing only when they are under the
				direct, constant on-the-job supervision of a licensed plumber as defined in
				§101, and as governed by the Workforce Commission.
C. The board shall issue a license to any
				person who qualifies under the board's regulations and who desires to engage in
				doing the work of a journeyman plumber if he passes a written and manual
				journeyman plumber's examination given by the board and pays the fees
				established by the board.
D. No
				natural person shall engage in the work of a master plumber unless he possesses
				a master plumber's license or renewal thereof issued by the board. The board
				shall issue a master plumber license to any person who qualifies under the
				board's regulations and who desires to engage in doing the work of a master
				plumber if he passes a written examination given by the board and pays the fees
				established by the board. A written examination shall not be required for
				persons applying pursuant to this Section and
				§303.
				A master plumber shall not engage in the work
				of a journeyman plumber unless he also possesses a journeyman plumber's license
				issued by the board or previously possessed a journeyman plumber's license
				issued by the board. A person issued a master plumber's license shall designate
				to the board, as required by the rules of the board, an employing entity, which
				may be a corporation, partnership, or sole proprietorship. A licensed master
				plumber shall notify the board of any change of employment status with an
				employing entity within 30 days of the effective date of change in employment
				status. A master plumber shall designate no more than one employing entity at
				any time. The board may charge a reasonable fee for processing such
				redesignations.
E. No employing
				entity shall hold itself out as engaging in the business or art of plumbing
				unless it employs a master plumber. No master plumber shall knowingly allow an
				employing entity to hold itself out as employing such master plumber at a time
				when it does not employ him within the meaning of
				R.S.
				37:1368.C and this Section. Notwithstanding
				any other provision to the contrary, a journeyman plumber may repair existing
				plumbing independently and without the supervision of a master plumber. In the
				event a master plumber employed by an employing entity dies, the employing
				entity will be permitted to operate on the basis of the deceased master
				plumber's license for a period of time not to exceed six months following the
				death of the master plumber. The board may require proof of death. The
				six-month grace period provided herein must be applied for, in writing, within
				30 days of the death of the master plumber. The employing entity must comply
				with all other regulations issued by the board during the grace
				period.
F. Every employing entity
				shall maintain an established place of business, with facilities for receiving
				complaints, calls and notices during normal business hours, from any person for
				whom it is performing plumbing or from the board and its representatives. It
				shall display a sign, plainly visible from the street at every place where it
				and its employees are performing plumbing work. If the employing entity is the
				sole-employing entity for a multi-site project, where employees are performing
				plumbing work, it may post one sign, plainly visible from the street, at the
				entrance of the project. All posted signs shall designate the employing
				entity's full name, physical address, telephone number and master plumber
				license number issued by the board to the designated active master plumber in
				its employ. The sign posted at a single site shall include legible lettering at
				least 2 inches high with the words "Louisiana Licensed Master Plumber" (or
				abbreviated "LA Lic. Master Plumber" or "LMP ______ "). For multi-site
				projects, where only a single sign is posted, in addition to the above
				requirement, the lettering must be at least 4 inches high. The employing entity
				shall also identify itself by permanent signs or lettering affixed to its
				service vehicles on both sides of such vehicles indicating the same information
				required of job-site signs in at least 2-inch lettering." All public
				advertising, solicitations, customer invoices, and business correspondence
				issued by or on behalf of an employing entity shall set forth the information
				described herein.
G. Employment of
				an active master plumber by an employing entity on a regular paid basis, as
				required by
				R.S.
				37:1368.C and this Section, shall mean
				employment or self-employment for wages or under a bona fide contract of hire
				with no more than one employing entity at any given time. Such employment or
				self-employment must include services performed by the active master plumber
				which is within the state of Louisiana or both within and without the state of
				Louisiana.
H. Temporary working
				permits to journeyman plumbers only may be issued as required by
				R.S.
				37:1376 and may be issued to a holder of a
				state license from states with like examinations, should that state recognize
				the Louisiana license, or where other bona fide evidence shows that the
				applicant's past experience would be capable of protecting the public from
				defective plumbing. Each temporary permit must be signed by both the chairman
				and the secretary of the board. A reasonable fee may be charged for the
				issuance of temporary permits, as fixed by the board.
I. Any individual who maintained a restricted
				journeyman's license or restricted master plumber's license prior to January 1,
				2023, and maintained compliance with the provisions of
				R.S.
				37:1371 and 1380 through January 1, 2023,
				shall be issued a journeyman's license or master plumber's license upon written
				request to the board. Any individual who was issued a restricted journeyman's
				license or master plumber's license prior to January 1, 2023, but did not
				maintain such license due to a lack of compliance with
				R.S.
				37:1371 and 1380, shall be treated as if he
				was inactive upon his last day of compliance with such provisions. Upon
				submission of a written request to the board, payment of renewal fees in
				accordance with
				R.S.
				37:1371(A), and submission
				of a written showing of compliance with
				R.S.
				37:1380, the board shall issue the individual
				a journeyman's license, if the individual previously held a restricted
				journeyman's license or master plumber's license, if the individual previously
				held a restricted master plumber's license. The board may refuse to grant a
				journeyman or master plumber's license to an individual who previously
				maintained a restricted journeyman or restricted master plumber's license, if
				the individual failed to comply with additional licensing requirements not
				provided for in
				R.S.
				37:1371 and 1380.
J. An inactive master plumber, as that term
				is used in
				R.S.
				37:1368.E, shall mean a natural person who is
				licensed by the board as a master plumber or who successfully applies for and
				passes the examination for master plumber license administered by the board
				pursuant to
				§305 An
				applicant for inactive master plumber status must state in a form supplied by
				the board that he does not wish or intend to practice as a master plumber. An
				inactive master plumber shall not be permitted to designate an employing
				entity, or knowingly allow an employing entity to hold itself out as employing
				him as a master plumber. An inactive master plumber can convert his status to
				that of a master plumber by submitting to the board an appropriate form
				supplied by the board and upon payment of a fee established by the board.
				During the period of his inactive status the inactive master plumber shall pay
				a fee established by the board. An inactive master plumber converting his
				status under this Section shall designate an employing entity. An inactive
				master plumber shall be permitted to work as journeyman plumber during the
				period or periods he maintains an inactive plumber's license, if he is
				currently or was previously licensed by the board as a journeyman
				plumber.
K. The board is empowered
				to assess special enforcement fees on a daily basis at a rate not to exceed $10
				a day relative to any master plumber or employing entity, or both, that fails
				or refuses, after due notice, to comply with the sign and posting requirements
				established by. The daily enforcement fees assessed by the board under this
				provision shall not exceed, in the aggregate, $500. This special enforcement
				fee shall be in addition to any licensing fees required by law, or any other
				penalty or sanction assessed by a court of competent jurisdiction or by the
				board.
L. Repealed.
M. No natural person shall engage in doing
				the work of a gas fitter unless he possesses a license or renewal thereof
				issued by the board. A gas fitter may engage in the art of gas fitting only
				when he is under the supervision of a master gas fitter licensed by this
				board.
N. Apprentices may engage in
				the art of gas fitting only when they are under the direct, constant on-the-job
				supervision of a licensed gas fitter as defined in §101, and as governed
				by the Louisiana Workforce Commission.
O. The board shall issue a license to any
				person who qualifies under the board's regulations and who desires to engage in
				doing the work of a gas fitter if he passes a written and manual gas fitters
				examination given by the board and pays the fees established by the
				board.
P. No natural person shall
				engage in the work of a master gas fitter unless he possesses a master gas
				fitter's license or renewal thereof issued by the board. The board shall issue
				a master gas fitter license to any person who qualifies under the board's
				regulations and who desires to engage in doing the work of a master gas fitter
				if he passes a written examination given by the board and pays the fees
				established by the board. A written examination shall not be required for
				persons applying pursuant to
				§310.
				A master gas fitter shall not engage in the
				work of a gas fitter unless he also possesses a gas fitter's license issued by
				the board or previously possessed a gas fitter's license issued by the board. A
				person issued a master gas fitter's license shall designate to the board, as
				required by the rules of the board, an employing entity, which may be a
				corporation, partnership, or sole proprietorship. A licensed master gas fitter
				shall notify the board of any change of employment status with an employing
				entity within 30 days of the effective date of change in employment status. A
				master gas fitter shall designate no more than one employing entity at any
				time. The board may charge a reasonable fee for processing such
				redesignations.
Q. No employing
				entity shall hold itself out as engaging in the business or art of gas fitting
				unless it employs a master gas fitter. No master gas fitter shall knowingly
				allow an employing entity to hold itself out as employing such master gas
				fitter at a time when it does not employ him. In the event a master gas fitter
				employed by an employing entity dies, the employing entity will be permitted to
				operate on the basis of the deceased master gas fitters license for a period
				not to exceed six months following the death of the master gas fitter. The
				board may require proof of death. The six-month grace period provided herein
				must be applied for, in writing, within 30 days of the death of the master gas
				fitter. The employing entity must comply with all other regulations issued by
				the board during the grace period.
R. Every employing entity shall maintain an
				established place of business, with facilities for receiving complaints, calls
				and notices during normal business hours, from any person for whom it is
				performing gas fitting or from the board and its representatives. It shall
				display a sign, plainly visible from the street at every place where it and its
				employees are performing gas-fitting work. If the employing entity is the
				sole-employing entity for a multi-site project, where employees are performing
				natural gas work, it may post one sign, plainly visible from the street, at the
				entrance of the project. All posted signs shall designate the employing
				entity's full name, physical address, telephone number and master gas fitter
				license number issued by the board to the designated active master gas fitter
				in its employ. The sign posted at a single site shall include legible lettering
				at least 2 inches high with the words "Louisiana Licensed Master Gas Fitter"
				(or abbreviated "LA Lic. Master Gas Fitter" or "LMNGF ____"). For multi-site
				projects, where only a single sign is posted, in addition to the above
				requirement, the lettering must be at least 4 inches high. The employing entity
				shall also identify itself by permanent signs or lettering affixed to its
				service vehicles on both sides of such vehicles indicating the same information
				required of job-site signs, in at least 2-inch lettering." All public
				advertising, solicitations, customer invoices, and business correspondence
				issued by or on behalf of an employing entity shall set forth the information
				described herein.
S. Employment of
				an active master gas fitter by an employing entity on a regular paid basis, as
				required by this Section, shall mean employment or self-employment for wages or
				under a bona fide contract of hire with no more than one employing entity at
				any given time. Such employment or self-employment must include services
				performed by the active master gas fitter which is within the state of
				Louisiana or both within and without the state of Louisiana.
T. Temporary working permits to gas fitters
				may be issued as required by
				R.S.
				37:1376 and may be issued to a holder of a
				state license from states with like examinations, should that state recognize
				the Louisiana license, or where other bona fide evidence shows that the
				applicant's past experience would be capable of protecting the public from
				defective gas fitting. Each temporary permit must be signed by both the
				chairman and the secretary of the board. A reasonable fee may be charged for
				the issuance of temporary permits, as fixed by the board (see
				§312).
U. An
inactive
				master gas fitter
, as that term is used in
				R.S.
				37:1368(E), shall mean a
				natural person who is licensed by the board as a master gas fitter or who
				successfully applies for and passes the examination for master gas fitter
				license administered by the board pursuant to
				§307 of these
				rules. An applicant for inactive master gas fitter status must state in a form
				supplied by the board that he does not wish or intend to practice as a master
				gas fitter. An inactive master gas fitter shall not be permitted to designate
				an employing entity, or knowingly allow an employing entity to hold itself out
				as employing him as a master gas fitter. An inactive master gas fitter can
				convert his status to that of a master gas fitter by submitting to the board an
				appropriate form supplied by the board and upon payment of a fee established by
				the board. During the period of his inactive status the inactive master gas
				fitter shall pay a fee established by the board. An inactive master gas fitter
				converting his status under this Section shall designate an employing entity.
				An inactive master gas fitter shall be permitted to work as gas fitter during
				the period or periods he maintains an inactive gas fitter's license, if he is
				currently or was previously licensed by the board as a gas fitter.
V. The board is empowered to assess special
				enforcement fees on a daily basis at a rate not to exceed $10 a day relative to
				any master gas fitter or employing entity, or both, that fails or refuses,
				after due notice, to comply with the sign and posting requirements established
				by this Section. The daily enforcement fees assessed by the board under this
				provision shall not exceed, in the aggregate, $500. This special enforcement
				fee shall be in addition to any licensing fees required by law, or any other
				penalty or sanction assessed by a court of competent jurisdiction or by the
				board.
W. In the event any
				applicant for any license or endorsement who successfully completes a required
				examination, but fails to pay to the board any requisite license or endorsement
				fee within 90 days of notice of his examination results shall not be issued the
				applicable license or endorsement unless and until he submits to and
				successfully completes re-examination and pays the appropriate fees for such
				re-examination and subsequent license or endorsement fee. Imposition of this
				re-examination requirement may be waived for good cause. Any special
				endorsement fees incurred before or during the re-examination process shall not
				be affected.
X. No natural person
				shall engage in doing the work of a tradesman plumber unless he possesses a
				tradesman plumber limited license or renewal thereof issued by the board. At
				the direction of a master plumber licensed by the board, a tradesman plumber
				may independently repair existing plumbing in one- and two-family dwellings
				without the supervision of a journeyman plumber.
Y. The board shall issue a limited license to
				any person who qualifies under the boards regulations and who desires to engage
				in doing the work of a tradesman plumber if he passes a written and manual
				tradesman plumbers examination given by the board and pays the fees established
				by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1366(D).