Provides relative to boilers (OR INCREASE SG RV See Note)
Provides relative to boilers (OR INCREASE SG RV See Note)
HB 799 consolidates and modernizes Louisiana's boiler regulation system by relocating boiler inspection statutes from Title 23 of the Louisiana Revised Statutes to Title 40, specifically enacting new sections 1664.21 through 1664.33. The bill repeals the outdated Louisiana State Board of Boiler Examiners and transfers regulatory authority to the state fire marshal, who gains exclusive power to investigate boilers and promulgate rules and regulations in accordance with the Administrative Procedure Act. The core mechanism requires boiler rules to conform to the American Society of Mechanical Engineers construction code and establishes a system of licensed inspectors compensated by private companies rather than the state, who must submit inspection reports within fifteen days and maintain National Board of Boiler and Pressure Vessel Inspectors commissions. The fire marshal retains authority to issue, suspend, or revoke operating certificates, issue installation permits, and maintain comprehensive boiler records while drawing on state treasury funds only for employment of state-level staff and administrative expenses.
Boiler owners and operators, particularly those running power boilers and high-pressure, high-temperature water boilers, face new inspection requirements and fee structures, with annual external inspections and internal inspections on varying schedules depending on boiler type and operational circumstances. Licensed private inspectors employed by companies authorized by the fire marshal will conduct inspections and submit reports, replacing the prior system that relied on insurance company inspectors; these private inspectors receive no state salary but must hold current National Board commissions and comply with fifteen-day reporting deadlines or risk report rejection. The fire marshal gains authority to revoke inspector licenses only after administrative hearings and to extend internal inspection intervals for power boilers up to five years if owners provide written statements confirming continuous operations and for stationary boilers up to twenty-four months if owners demonstrate proper water treatment and maintenance records. Operating certificate fees of one hundred fifty dollars apply to issuance, reinstatement, and internal inspection extensions, and noncompliance triggers graduated penalties beginning with written orders and escalating to fines up to two hundred fifty dollars per day.
The new framework operates within Louisiana's existing administrative law structure, requiring the fire marshal to follow the Administrative Procedure Act when promulgating all rules and regulations and providing for administrative hearings before license revocation. The bill maintains exemptions for boilers installed before July 7, 1938, boilers subject to federal inspection, air tanks on vehicles, and temporary steam fire engines, and preserves existing installation procedures while requiring all new installations after six months from the effective date to conform to newly promulgated rules. The legislation aligns state boiler regulation with ASME Code standards and National Board of Boiler and Pressure Vessel Inspectors requirements, creating uniformity with interstate and national inspection practices and shifting from a state-employment model to a hybrid approach where the fire marshal maintains regulatory authority but delegates inspection work to private licensed inspectors, fundamentally restructuring the administrative and financial relationship between state government and boiler inspection activities.
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