La. Admin. Code tit. 55 § V-3247

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-3247 - Administrative Actions

A. The State Fire Marshal may refuse the issuance or renewal of, suspend, or revoke a certificate of registration, or license and impose administrative penalties, if, after notice, as provided for by the Administrative Procedures Act, it is found that a person, certified firm, or licensee or an applicant for registration, or license, failed to comply with the provisions of R.S. 40:1664.1 et seq., or these Rules. The State Fire Marshal may consider violations in other states or failing to pay outstanding fine amounts as grounds for refusing the issuance of or the renewing of a certificate of registration or license. Additionally, where it is brought to the attention of the state fire marshal, violations in other states or failing to pay outstanding fine amounts may result in the suspension of or revocation of a certificate of registration or license.

1. Offenses. The following categories shall denote classification of offenses for persons, firms and employees for determining the penalty to be imposed:

a. minor:

i. failing to notify the Office of the State Fire Marshal of any changes that affect licensure;

ii. Failing to adhere to the tagging and/or notification policies of the Office of the State Fire Marshal;

iii. working with an expired (31-45 days) license or certificate of registration;

iv. failing to properly display a firm certificate;

b. serious:

i. failing to notify local law enforcement or fire

service agencies of the installation of a smoke inducing security system;

ii. working an apprentice, or as an apprentice, without direct supervision by a technician licensed to perform the work being done and licensed to the same firm;

iii. working an employee without the appropriate endorsement of license;

iv. working without the appropriate endorsement of firm certificate or license;

v. working with an expired (46-60 days) license or firm certificate;

vi. contracting to a firm or person who is not properly certified or licensed through the Office of the State Fire Marshal to perform acts regulated by the provisions of R.S. 1664.1 et seq., or these rules;

vii. failing to possess the equipment, tools, NFPA codes, standards or manufacturer's UL listed installation and service manuals to properly certify, inspect, install, integrate, maintain or service the systems or equipment for which a firm is certified;

viii. failing to adhere to local ordinances regarding solicitation, permitting and occupational licensing activities;

ix. committing five or more minor offenses within a three-year period;

c. major:

i. charging a customer for work that was not performed;

ii. impersonating the state fire marshal, his designated representative or any other public official;

iii. intimidating or coercing a customer;

iv. misrepresenting oneself and/or one's firm to a customer, prospective customer or to employees of the Office of the State Fire Marshal, his designated representative or other public official;

v. falsifying an application or any other document submitted to obtain a certificate or license or other documentation requested by or submitted to the Office of the State Fire Marshal;

vi. falsifying tags, labels, inspection reports, invoices and/or other documents;

vii. working without any or with a suspended firm certificate of registration or license;

viii. working an employee with a suspended license;

ix. aiding and abetting an unlicensed person or firm to engage in property protection activity.

x. certifying, inspecting, installing, integrating, maintaining or servicing special locking systems and/or equipment contrary to plans submitted for review, applicable NFPA codes, standards, and/or manufacturer's specifications without specific written permission from the Office of the State Fire Marshal;

xi. aiding and abetting a person or firm to certify, install, inspect, or service property protection systems or equipment contrary to code or manufacturer specifications;

xii. installing a special locking system or equipment prior to submitting plans and required documentation and receiving authorization to install such system from the Plan Review Section of the Office of the State Fire Marshal;

xiii. committing three or more Serious offenses within a three year period;

xiv. engaging in false, misleading or deceptive acts or unfair or unethical business practices.

2. Penalties. The following fine schedule shall be used to access fines to persons, firms, and/or employees who violate the laws and rules governing property protection activity. Penalties will be imposed to persons, firms and/or employees based on the classification of offense. Each classification of offense will have a minimum and maximum fine shown and any other administrative penalty that may be imposed.

a. Firms and/or persons

i. minor: $50 fine to $250 fine and/or official warnings may be imposed;

ii. serious: $250 fine to $1,000 fine and/or suspensions of up to 90 days may be imposed;

iii. major: $1,000 fine to $5,000 fine and/or suspensions from 91 to 365 days may be imposed and/or revocation of certificate may be imposed.

b. Employees and/or persons:

i. minor: $10 fine to $50 fine and/or official warnings may be imposed;

ii. serious: $50 fine to $500 fine and/or suspensions of up to 90 days may be imposed;

iii. major: $500 to $5,000 fine and/or suspensions from 91 to 365 days may be imposed and/or revocation of license may be imposed.

c. The State Fire Marshal may deviate from this fine schedule where circumstances and/or evidence warrant a more stringent or more lenient penalty.

d. In lieu of fine payments, the state fire marshal may require remedial or additional training be obtained by those found in violation.

e. Those offenses not enumerated in this list shall receive penalties for violations of similar nature.

f. The Office of the State Fire Marshal may also pursue criminal charges or injunctive relief for any of the above enumerated offenses.

La. Admin. Code tit. 55, § V-3247

Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 37:2747 (September 2011).

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