Contents september 2009 I. Executive order


Part LXI. Private Security Examiners



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Part LXI. Private Security Examiners

Chapter 9. Administrative Penalties

§903 Administrative Penalties
Pursuant to R.S. 37:3288.B



Penalty Fee Schedule

Not to Exceed

Licensee's failure to submit security officer application, fingerprint card, and/or necessary registration fees within prescribed time period. If the application, fingerprint card, and/or registration fees are not submitted within 14 days after deadline date, administrative fine accumulates at a daily rate, not to exceed $500.

$50

Licensee's failure to resubmit fingerprint card after two written requests by the board when a deadline date is given. If the fingerprint card is not resubmitted within 14 days after deadline date, administrative fine accumulates at a daily rate, not to exceed $500.

$50

Licensee's failure to notify the board in writing within prescribed time period of security officers in their employ who have been terminated. If termination is not submitted within 14 days after deadline date, administrative fine accumulates at a daily rate, not to exceed $500.

$50

Licensee or registrant's failure to submit information as requested by the board when a deadline date is given. If information is not submitted within 14 days after deadline date, administrative fine accumulates at a daily rate, not to exceed $500.

$50

Licensee's failure to submit company license renewal fee prior to expiration date.

$50/day

up to $500



Licensee's failure to submit renewal application and renewal fee for a registrant in their employ prior to expiration date. If the renewal application and renewal fee are not submitted within 14 days after deadline date, administrative fine accumulates at a daily rate, not to exceed $500.

$50

Licensee's failure to have registrant in their employ trained within prescribed time period. If registrant is not trained within 14 days after deadline date, administrative fine accumulates at a daily rate, not to exceed $500.

$50

Licensee's failure to submit to the board a training verification form on a registrant in their employ within prescribed time period. If training verification is not submitted within 14 days after deadline date, administrative fine accumulates at a daily rate, not to exceed $500.

$50

Registrant's failure to carry on his person a temporary or permanent registration card while on duty.

$50

Fingerprint cards repeatedly rejected by the Department of Public Safety as non-classifiable due to smudges, not being fully rolled, etc.

$50

Registrant's performing security duties for any other person other than the licensee with whom he is registered.

$50

Registrant's failure to sign registration card.

$50

Registrant's failure to affix a photograph of registrant, taken within the last six months, to registration card.

$50

Registrant's failure to timely surrender registration card when required to do so.

$50

Registrant's possession or use of any registration card which has been improperly altered.

$50

Registrant's defacing of a registration card.

$50

Registrant's allowing improper use of a registration card.

$50

Registrant carrying an unauthorized weapon while on duty.

not less than $50 nor more than $100

Licensee or registrant's submission of a check to the board that is returned from the bank deemed non-sufficient funds.

$50

Licensee allowing registrant to carry an unauthorized weapon while on duty.

not less than $50 nor more than $100




AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3288.B

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Board of Private Security Examiners, LR 13:757 (December 1987), amended LR 15:14 (January 1989), LR 18:196 (February 1992), LR 26:1077 (May 2000), LR 35:



Family Impact Statement

1. The Effect of This Rule on the Stability of the Family. This Rule will have no effect on the stability of the family.

2. The Effect of This Rule on the Authority and Rights of Parents Regarding the Education and Supervision of their Children. This Rule will have no effect on the authority and rights of parents regarding the education and supervision of their children.

3. The Effect of This Rule on the Functioning of the Family. This Rule will have no effect on the functioning of the family.

4. The Effect of This Rule on Family Earnings and Family Budget. This Rule will have no effect on family earning and family budget.

5. The Effect of This Rule on the Behavior and Personal Responsibility of Children. This Rule will have no effect on the behavior and personal responsibility of children.

6. The Effect of This Rule on the Ability of the Family or Local Government to Perform the Function as Contained in the Proposed Rule. This Rule will have no effect on the ability of the family or local government to perform the function as contained in the proposed Rule.

Interested persons may submit written comments or requests for public hearing on this proposed rule change to Wayne Rogillio, Executive Director, Louisiana State Board of Private Security Examiners, 15703 Old Hammond Highway, Baton Rouge, LA 70816. Comments will be accepted through close of business October 10, 2009.


Wayne Rogillio

Executive Director



FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE: Administrative Penalties
I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

There are no anticipated implementation costs or savings to state or local governmental units. The proposed rule increases the administrative penalties the board may impose for violations of any rule or law it administers.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There is no anticipated effect on revenue collections for local governmental units. The proposed rule change implements a $25 increase in the administrative penalty fees that the board may impose. The $25 increase in the administrative penalty fees is anticipated to generate $195,000 per year.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

Security guards and security companies regulated by the board will be subject to the increased fee if they violate any law or rule the board administers. The fee amount per violation was $25 previously. It will now be $50 per violation. Approximately 7,800 violations by security guards and companies occur yearly.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There is no estimated impact on competition and employment as a result of the proposed rule changes.




Wayne Rogillio

Robert E. Hosse

Executive Director

Staff Director

0909#060

Legislative Fiscal Office


NOTICE OF INTENT

Department of Public Safety and Corrections

Board of Private Security Examiners

Company Licensure (LAC 46:LVII.201)

Under the authority of R.S. 37:3270 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the Louisiana Board of Private Security Examiners hereby proposes to amend Section 201 under Chapter 2 to add a requirement that an applicant for licensure include a copy of the Social Security card of the qualifying agent and/or of each officer partner of shareholder of the applicant company. The administrative processing fee is being increased by $10 to cover administrative costs or processing company initial and renewal applications.

The proposed Rule would add a requirement that an applicant for licensure include a copy of the Social Security card of the qualifying agent and/or of each officer partner or shareholder of the applicant company. Currently only the Social Security number is given, and sometime is illegible. A copy of the card would alleviate any confusion in the application process.



Title 46

PROFESSIONAL AND OCCUPATIONAL STANDARDS

Part LXI. Private Security Examiners

Chapter 2. Company Licensure

§201. Qualifications and Requirements for Company Licensure

A. - E.8. …

9. copy of applicant's or qualifying agent's Social Security card.

F. - I.2. …

3. $110 annual licensing fee to cover administrative costs.

I.3.Note. - L.2. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3270 et seq.

HISTORICAL NOTE: Promulgated by Department of Public Safety and Corrections, Board of Private Security Examiners, LR 13:752 (December 1987), amended LR 15:847 (October 1989), LR 18:190 (February 1992), LR 23:588 (May 1997), LR 26:1068 (May 2000), LR 28:96 (January 2002), LR 28:2203 (October 2002), LR 31:1599 (July 2005), LR 35:



Family Impact Statement

1. The Effect of This Rule on the Stability of the Family. This Rule will have no effect on the stability of the family.

2. The Effect of This Rule on the Authority and Rights of Parents Regarding the Education and Supervision of Their Children. This Rule will have no effect on the authority and rights of parents regarding the education and supervision of their children.

3. The Effect of This Rule on the Functioning of the Family. This Rule will have no effect on the functioning of the family.

4. The Effect of This Rule on Family Earnings and Family Budget. This Rule will have no effect on family earning and family budget.

5. The Effect of This Rule on the Behavior and Personal Responsibility of Children. This Rule will have no effect on the behavior and personal responsibility of children.

6. The Effect of This Rule on the Ability of the Family or Local Government to Perform the Function as Contained in the Proposed Rule. This Rule will have no effect on the ability of the family or local government to perform the function as contained in the proposed Rule.

Interested persons may submit written comments or requests for public hearing on this proposed rule change to Wayne Rogillio, Executive Director, Louisiana State Board of Private Security Examiners, 15703 Old Hammond Highway, Baton Rouge, LA 70816. Comments will be accepted through close of business October 10, 2009.


Wayne Rogillio

Executive Director


FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE: Company Licensure
I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

There are no anticipated implementation costs or savings to state or local governmental units. The proposed rule changes add a requirement that a company's qualifying agent and/or officers submit a copy of their social security card with the company's application for licensure. It also increases the administrative fee of the annual company licensing fee from $100 to $110.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There is no anticipated effect on revenue collections for local governmental units. The board's self-generated funds are expected to increase by $400 in FY10 and $730 in FY 11 and FY 12. The rule increases the administrative fee for company's licenses from $100 to $110 annually.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

Companies currently pay a $100 administrative fee when submitting new or renewal applications on an annual basis. This rule increases that administrative fee to $110.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There is no estimated impact on competition and employment as a result of the proposed rule.




Wayne Rogillio

Robert E. Hosse

Executive Director

Staff Director

0909#062

Legislative Fiscal Office


NOTICE OF INTENT

Department of Public Safety and Corrections

Board of Private Security Examiners

Security Officer Registration (LAC 46:LVII.301)

Under the authority of R.S. 37:3270 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the Louisiana Board of Private Security Examiners hereby proposes to amend Section 301 under Chapter 3 to add a requirement that an applicant for registration who was previously exempt for paying processing fees because they worked less than 20 days at a time, will now be required to submit a registration fee and administrative processing fee with documentation that was previously required.

The proposed Rule would add a requirement that an applicant for registration who was previously exempt for paying processing fees because they worked less than 20 days at a time, will now be required to submit a registration fee and administrative processing fee with documentation that was previously required. The amount of the administrative fee for security officer applicant is also clearly stated at the end of the new rule.



Title 46

PROFESSIONAL AND OCCUPATIONAL STANDARDS

Part LXI. Private Security Examiners

Chapter 3. Security Officer Registration

§301 Qualifications and Requirements for Security Officer Registration

A. - D.3. …

D.4. if applicant has worked less than 20 consecutive calendar days, documentation must nevertheless be submitted along with the required fees and a termination form is included showing the dates worked;

D.5. - P.2. …

Q. An administrative fee of $10 made payable to the board will be assessed on all initial company applications and renewal applications, and any other fees that may be assessed by the board under this rule.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3270 et seq.

HISTORICAL NOTE: Promulgated by Department of Public Safety and Corrections, Board of Private Security Examiners, LR 13:753 (December 1987), amended LR 15:12 (January 1989), LR 15:848 (October 1989), LR 18:191 (February 1992), LR 23:588 (May 1997), LR 26:1072 (May 2000), LR 27:1241 (August 2001), LR 28:2204 (October 2002), LR 31:1599 (July 2005), LR 34:667 (April 2008).

Family Impact Statement

The Effect of This Rule on the Stability of the Family. This Rule will have no effect on the stability of the family.

The Effect of This Rule on the Authority and Rights of Parents Regarding the Education and Supervision of Their Children. This Rule will have no effect on the authority and rights of parents regarding the education and supervision of their children.

The Effect of This Rule on the Functioning of the Family. This Rule will have no effect on the functioning of the family.

The Effect of This Rule on Family Earnings and Family Budget. This Rule will have no effect on family earning and family budget.

The Effect of This Rule on the Behavior and Personal Responsibility of Children. This Rule will have no effect on the behavior and personal responsibility of children.

The Effect of This Rule on the Ability of the Family or Local Government to Perform the Function as Contained in the Proposed Rule. This Rule will have no effect on the ability of the family or local government to perform the function as contained in the proposed Rule.

Interested persons may submit written comments or requests for public hearing on this proposed rule change to Wayne Rogillio, Executive Director, Louisiana State Board of Private Security Examiners, 15703 Old Hammond Highway, Baton Rouge, LA 70816. Comments will be accepted through close of business October 10, 2009.


Wayne Rogillio

Executive Director


FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE: Security Officer Registration
I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

There are no anticipated implementation costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There is no anticipated effect on revenue collections for local governmental units. Self generated revenue to the LBPSE is estimated to increase by $60,000 in FY 10, $80,000 in FY 11 and $80,000 in FY 12. The proposed rule adds a requirement that emergency assignment guard applications now include an application fee. The rule also requires a $30 application fee and implements a $10 administrative fee on all applications whether initial or renewal.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

The proposed rule changes would require security officers who work less than 20 consecutive days or on emergency assignments to submit documentation as well as a $30 application fee and a $10 administrative fee with all applications. The guards or the security companies would incur this cost.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There is no estimated impact on competition and employment as a result of the proposed rule changes.




Wayne Rogillio

Robert E. Hosse

Executive Director

Staff Director

0909#061

Legislative Fiscal Office


NOTICE OF INTENT

Department of Public Safety and Corrections

Office of State Police
Bureau of Criminal Identificaton and Information

Right to Review Procedures (LAC 55:I.401)

Notice is hereby given in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., and through the authority granted in R.S. 15:588, that the Louisiana Bureau of Criminal Identification and Information proposes to add Chapter 4, Subchapter A in order to set forth procedures for an individual to receive a certified copy of his Louisiana state criminal history.

Title 55

PUBLIC SAFETY

Part I. State Police

Chapter 4. Right to Review

Subchapter A. Right to Review Procedures

§401. Right to Review Procedures

A. In order for an individual, his authorized representative, or his attorney to receive a certified copy of his Louisiana criminal history, the individual must:

1. complete the Rap Disclosure and Authorization Form;

2. pay a $26 processing fee as authorized by R.S. 15:587.B. by money order, certified check or business check,

made payable to Department of Public Safety for a Louisiana state criminal history background check;

3. provide a current original 10 print fingerprint submission (not previously processed) on a FBI Applicant Fingerprint Card taken by a local law enforcement agency which bears the individual's name, race, sex, date of birth, Social Security number, place of birth, residence of applicant (address), and reason for fingerprint which reason should state: "Right to Review." Fingerprints may be obtained at State Police headquarters for a $10 fee as authorized per R.S. 15:587.B.

4. Mail or deliver in person the Authorization Form, Rap Disclosure Form, fee and fingerprints to: Louisiana State Police, Bureau of Criminal Identification and Information, P.O. Box 66614, Mail Slip A-6, Baton Rouge, LA 70896. If the required forms, fee, and fingerprints are mailed in, a stamped, self addressed envelope is required to receive a reply.

B. A certified copy of an individual's Louisiana criminal history will be mailed to applicant if request is received in by mail or hand delivered to applicant if appearing on site in person.

AUTHORITY NOTE: Promulgated in accordance with LSA-R.S. 15:588.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Bureau of Criminal Identification and Information, LR 35:



Family Impact Statement

What is the effect of this Rule on the stability of the family? This Rule will have no effect on the stability of the family.

What is the effect of this Rule on the authority and rights of parents regarding the education and supervision of their children? This Rule will have no effect on the authority and rights of parents regarding the education and supervision of their children.

What is the effect of this Rule on the functioning of the family? This Rule will have no effect on the functioning of the family.

What is the effect of this Rule on family earnings and family budget? This Rule will have no effect on family earnings and family budget.

What is the effect of this Rule on the behavior and personal responsibility of children? This Rule will have no effect on the behavior and personal responsibility of children.

What is the effect of this Rule on the ability of the family or local government to perform the function as contained in the proposed rules? This Rule will have no effect on the ability of the family or local government to perform the function as contained in the proposed Rule.

Interested persons may submit written comments or requests for public hearing on this proposed rule change to Harrietta J. Bridges, Attorney, Louisiana Bureau of Criminal Identification and Information, 7979 Independence Boulevard, Suite 307, Baton Rouge, Louisiana 70806 or P.O. Box 66614, Baton Rouge, LA 70896. Comments will be accepted through close of business on October 15, 2009.


Jill Boudreaux

Undersecretary


FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE: Right to Review Procedures
I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

The proposed rules are not anticipated to result in additional state or local government costs or savings. These rules provide procedures for individuals to follow to obtain a certified copy of their Louisiana criminal history record.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There is no anticipated effect on revenue collections of local governmental units. However, state revenue is expected to increase by approximately $3,488. In FY 09, 218 individuals paid $10 to review their criminal history record. It is assumed the same number of individuals (218) will pay $26 to receive a certified copy of their Louisiana criminal history record (a net increase of $16).

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

Louisiana residents and any other persons who have been arrested in the state and have been booked for that arrest via the Louisiana Automated Fingerprint Identification System (LAAFIS) or by fingerprint cards will pay $26 if they request a certified copy of their Louisiana criminal history record from the Louisiana Bureau of Criminal Identification and Information.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There should be no effect on competition or employment by the proposed rule change.




Jill Bourdreaux

Robert E. Hosse

Undersecretary

Staff Director

0909#111

Legislative Fiscal Office


NOTICE OF INTENT

Department of Public Safety and Corrections

State Uniform Construction Code Council

Uniform Construction Code


(LAC 55:VI.505, 701,703, 705, 707 and 905)

In accordance with the provisions of Act 12 of the 2005 First Extraordinary Session, R.S. 40:1730.22(C) and (D) and R.S. 40:1730.34 (B) relative to the authority of the Louisiana State Uniform Construction Code Council to promulgate and enforce rules, the Louisiana State Uniform Construction Council hereby proposes to amend Chapters 5, 7, and 9 to update various sections with more precise wording, align the rules with current law, provide for changes to certification requirements of the International Code Council, recognize procedural requirements of local jurisdictions, and delete provisions that are no longer applicable.



Title 55

PUBLIC SAFETY

Part VI. Uniform Construction Code

Chapter 5. Enforcement of Louisiana State Uniform Construction Code



§505. Commercial Plan Review

A. Until December 31, 2007, where a parish or municipality is not providing plan review, architects, engineers, owners, parishes or municipalities on commercial projects may request International Building Code plan review by the Office of the State Fire Marshal.

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1730.22(C) and (D).

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Uniform Construction Code Council, LR 33:1683 (August 2007), amended LR 35:

Chapter 7. Certificates of Registration

§701. General

A. On and after January 1, 2007, no person shall practice as a code enforcement officer in this state unless registered with the Louisiana State Uniform Construction Code Council (council). A person desiring to be registered as a parish or municipality building code enforcement officer or a third party provider shall apply to the council for a certificate of registration. The applicant shall apply on the application form prescribed the by the council. An applicant shall furnish satisfactory proof to the council of valid certification. A certificate of registration is valid for one year and expires on the last day of the month of issuance. Those possessing Certificates of Registration must renew their certificates in order to remain in good standing with the council.

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1730.22(C) and (D).

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, State Uniform Construction Code Council, LR 33:292 (February 2007), amended LR 35:



§703. Classifications and Required Certifications for Municipal or Parish Building Code Enforcement Officers

A. General

1. In order to obtain a certificate of registration from the council for a particular classification, an individual must meet the following qualifications.

B. Definitions



Building Code Enforcement Officer (BCEO)―a person employed by a public entity who is primarily responsible for the overall inspection or enforcement of applicable building code requirements within the jurisdiction of the employer.

Building Official―the BCEO employed and charged by a public entity with the administration and enforcement of the Louisiana State Uniform Construction Code (LSUCC).

Inspector―a BCEO, who under the authority of the Building Official, is charged with the inspection of structures for compliance with his or her specialty classification(s) of the LSUCC.

Plans Examiner or Reviewer―a BCEO, who under the authority of the Building Official, is charged with the inspection of construction documents for compliance with his or her specialty classification(s) of the LSUCC.

Third-Party Provider (TPP)―any individual, entity, or an individual employed by an entity, contracted to act in the capacity of a BCEO by an authority having jurisdiction, a licensed contractor, or a homeowner who is exempted from the contractor licensing law under R.S. 37:2170.

Wind Mitigation Surveyor—the wind mitigation surveyor classification of third party provider is limited to performing a survey to complete the Louisiana Hurricane Loss Mitigation Survey Form. The Survey Form, LAC 37 Part XIII, Section 12721. Appendix A, is to be utilized by consumers applying for justifying discounts for features that comply with building codes, or, for installed mitigation improvements utilizing construction techniques demonstrated to reduce the amount of hurricane loss from a windstorm. This classification does not qualify applicant to perform building code inspections in compliance with the Louisiana State Uniform Construction Code Council (LSUCCC) or International Code Council (ICC) classifications for building inspectors.

C. BCEO Registration Classifications/Requirements

1. General Classifications

a. Building Official (BO)―requirements; possess a current ICC Certified Building Official certificate, a current ICC Master Code Professional certificate, or be a Louisiana Licensed Architect, or Louisiana Licensed Engineer and have two years experience as an architect, engineer, inspector, plans examiner, contractor or superintendent of construction or any combination of these. General classifications are not restricted and may enforce all classified specialties of the LSUCC.

2. Specialty Classifications

a. Commercial Inspectors

i. Commercial Building Inspector Requirements―possess a current ICC Commercial Building Inspector, ICC Building Inspector, ICC Commercial Combination Inspector, or ICC Combination Inspector certificate.

ii. Commercial Electrical Inspector Requirements―possess a current ICC Commercial Electrical Inspector, ICC Electrical Inspector, ICC Commercial Combination Inspector, or ICC Combination Inspector certificate.

iii. Commercial Mechanical Inspector Requirements―possess a current ICC Commercial Mechanical Inspector, ICC Mechanical Inspector, ICC Commercial Combination Inspector, or ICC Combination Inspector certificate.

iv. Commercial Plumbing Inspector Requirements―possess a current ICC Commercial Plumbing Inspector, ICC Plumbing Inspector, ICC Commercial Combination Inspector, ICC Louisiana Commercial Plumbing Inspector, or ICC Combination Inspector certificate.

v. Commercial Energy Inspector Requirements―shall be enforced by the Office of the State Fire Marshal.

b. Commercial Plans Examiners or Reviewers

i. Building Plans Examiner Requirements―possess a current ICC Commercial Building Plans Examiner, or ICC Combination Plans Examiner certificate.

ii. Electrical Plans Examiner Requirements―possess a current ICC Commercial Electrical Plans Examiner, or ICC Combination Plans Examiner certificate.

iii. Mechanical Plans Examiner Requirements―possess a current ICC Commercial Mechanical Plans Examiner, or ICC Combination Plans Examiner certificate.

iv. Plumbing Plans Examiner Requirements―possess a current ICC Commercial

Plumbing Plans Examiner, ICC Louisiana Plumbing Plan Examiner, or ICC Combination Plans Examiner certificate.

v. Commercial Energy Plans Examiner Requirements―shall be enforced by the Office of the State Fire Marshal.

c. Residential Inspectors

i. Residential Building Inspector Requirements―possess a current ICC Residential Building Inspector, ICC Building Inspector, ICC Residential Combination Inspector, or ICC Combination Inspector certificate.

ii. Residential Electrical Inspector Requirements―possess a current ICC Residential Electrical Inspector, ICC Electrical Inspector, ICC Residential Combination Inspector, or ICC Combination Inspector certificate.

iii. Residential Mechanical Inspector Requirements―possess a current ICC Residential Mechanical Inspector, ICC Mechanical Inspector, ICC Residential Combination Inspector, or ICC Combination Inspector certificate.

iv. Residential Plumbing Inspector Requirements―possess a current ICC Residential Plumbing Inspector, ICC Plumbing Inspector, ICC Residential Combination Inspector, ICC Louisiana Residential Plumbing inspector, or ICC Combination Inspector certificate.

v. Residential Energy Inspector Requirements―possess a current ICC Residential Energy Inspector/Plans Examiner certificate.

d. Residential Plans Examiners or Reviewers

i Residential Plans Examiner – possess a current ICC Residential Plans Examiner certificate.

ii. Residential Energy Plans Examiner – possess a current ICC Residential Energy Inspector/Plans Examiner certificate.

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1730.34(B).

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Uniform Construction Code Council, LR 33:292 (February 2007), amended LR 33:1683 (August 2007), LR 34:93 (January 2008), amended by the Department of Public Safety and Corrections, Office of Management and Finance, Uniform Construction Code Council, LR 35:490 (March 2009), amended LR 35:

§705. Third Party Providers

A. General

1. A third party provider shall register with the council. Third party providers shall meet the requirements of the general or specialty classification(s) whichever applicable and as contracted with the parish or municipality. Furthermore, any individual employed by a third party provider who is also performing work for the parish or municipality, shall also be registered with this Council.

B. Insurance. All third party providers shall carry at least $500,000 in professional liability insurance. Proof of valid and current insurance coverage must be provided to the council upon registration and renewal of registration in the form of an insurance certificate listing the Louisiana State Uniform Construction Code Council as the certificate holder.

1. Exceptions

a. Wind mitigation surveyors shall carry at least $300,000 in professional liability insurance.

C. Restrictions

1. Third party providers shall not provide plan review or inspections on projects of their own design and/or construction.

D. Code Enforcement Services for Non-Governmental Entities

1. Third party providers providing plan review services for non-governmental entities shall provide written copies of the plan review to the code enforcement officer of the municipality or parish prior to issuance of construction permits and in accordance with the administrative procedures of the authority having jurisdiction.

2. Where a third party provider provides services in a jurisdiction which has a building department, third party providers shall adhere to the permitting and inspection procedures of said jurisdiction in accordance with the administrative procedures of the authority having jurisdiction.

3. Third party providers providing inspection services for non-governmental entities shall provide written copies of the approved inspection reports to the code enforcement officer of the jurisdiction prior to the issuance of the certificate of occupancy in accordance with the administrative procedures of the authority having jurisdiction.

E. A wind mitigation surveyor classification of third party provider may specialize as a wind mitigation surveyor upon meeting the following qualifications:

1. possession of a home inspector license through the Louisiana State Board of Home Inspectors; and

2. possession of a certificate of completion for the 2006 IRC Hurricane Resistant Residential Construction Program, or other equivalent program approved by the LSUCCC.

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1730.22(C) and (D).

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, State Uniform Construction Code Council, LR 33:292 (February 2007), amended LR 33:2462 (November 2007), amended by the Department of Public Safety and Corrections, Office of Management and Finance, Uniform Construction Code Council, LR 35:491 (March 2009), amended by the Department of Public Safety and Corrections, State Uniform Construction Code Council, LR 35:

§707. Continuing Education Requirements

A. Prior to annual renewal of the certificate of registration as required by this Chapter, all building code enforcement officers and third-party providers, except Louisiana licensed architects or engineers as allowed by R.S. 40:1730.24(B), shall be registered with the International Code Council and obtain the continuing education units required for that registry.

B. Building code enforcement officers holding provisional certificates of registration and prior to certification and registration with the International Code Council shall provide evidence of one continuing education unit relating to construction code enforcement for the preceding year.

C. Prior to annual renewal of the certificate of registration, Louisiana licensed architects and engineers exempted by R.S. 40:1730.24(B) shall be licensed in the state of Louisiana and obtain the continuing education units required for that licensure.

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1730.22(C) and (D) and R.S. 40:1730.38

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, State Uniform Construction Code Council, LR 33:2666 (December 2007), amended LR 35:

Chapter 9. Temporary Exemption to Certification Requirement

§901. Employment after January 1, 2007

A. Upon employment by a parish, municipality, or other political subdivision, an individual must be granted a provisional certificate of registration without certification by a recognized code organization or testing agency, provided that such individual is under the supervision of a registered code enforcement officer who is certified by the International Code Council.

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1730.22© and (D).

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, State Uniform Construction Code Council, LR 33:293 (February 2007), amended LR 35:



§903. Employment prior to January 1, 2007

A. Certificates of registration may be issued without certification by a recognized code organization or testing agency to building code enforcement officers already employed in code enforcement on January 1, 2007, only for the position and locality held at the time of registration. This registration is valid for three years for building officials and six months for building inspectors and plans reviewers. Additionally, inspectors and plan reviews who were employed by an authority having jurisdiction before July 1, 2006, and remain employed by that authority having jurisdiction, an additional 30 month provisional certificate or registration may be granted provided the individual can demonstrate an annual minimum of three continuing education units for a core discipline as required in §703. Thereafter, anyone renewing this certificate of registration shall satisfy the certification requirement(s) as set forth in §703.

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1730.22(C) and (D).

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, State Uniform Construction Code Council, LR 33:293 (February 2007), amended LR 35:



§905. Third Party Providers

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1730.22(C) and (D).

HISTORICAL NOTE: Promulgated by the Department of Public Safety, State Uniform Construction Code Council, LR 33:1370 (July 2007), amended LR 34:93 (January 2008), repealed by the Department of Public Safety, State Uniform Construction Code Council, LR 35:



Family Impact Statement

1. The effect of this Rule on the stability of the family. This Rule should not have any affect on the stability of the family.

2. The effect of this Rule on the authority and rights of parents regarding the education and supervision of their children. This Rule should not have any affect on the authority and rights of parents regarding the education and supervision of their children.

3. The effect of this Rule on the functioning of the family. This Rule should not have any affect on the functioning of the family.

4. The effect of this Rule on family earnings and family budget. This Rule should not have any affect on family earnings and family budget.

5. The effect of this Rule on the behavior and personal responsibility of children. This Rule should not have any affect on the behavior and personal responsibility of children.

6. The effect of this Rule on the ability of the family or local government to perform the function as contained in the proposed rules. This Rule should not have any affect on the ability of the family or local government to perform the function as contained in the proposed Rule.

Interested persons may submit written comments to Paul Schexnayder, P.O. Box 66614, Baton Rouge, LA 70896. Written comments will be accepted through October 15, 2009.


Jill Boudreaux

Undersecretary


FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE: Uniform Construction Code
I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

The proposed rule changes are not anticipated to result in additional state or local government costs or savings. These rule changes mainly update various sections with more precise wording, align the rules with current law, provide for changes to certification requirements of the International Code Council, recognize procedural requirements of local jurisdictions, and delete provisions that are no longer applicable.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There is anticipated to be no impact on revenue collections as a result of this Rule.

II. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

The adoption of these rule changes are not anticipated to have any impact on costs and/or benefits to the affected construction industry or to code enforcement officers.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

The proposed rule changes should not significantly affect competition or employment.




Jill Boudreaux

Robert E. Hosse

Undersecretary

Staff Director

0909#059

Legislative Fiscal Office


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