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HB 799

FIRE PROTECT/FIRE MARSHAL: Provides relative to boilers (EN INCREASE SG RV See Note)

2026 Regular Session Introduced by Bryan Fontenot

Louisiana centralizes and modernizes boiler regulation under the state Fire Marshal, standardizing inspections, licensing, permits, and penalties statewide.

Effective date: 01/01/2027.
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Bill Summary · HB 799

HB 799 Summary — 2026 Louisiana Regular Session
Jurisdiction: Louisiana
Topic: Fire protection/firer marshal — boilers (reorganization and modernization of boiler inspection regime)

Purpose and intent
- Reorganize and modernize the regulation, inspection, licensing, and enforcement framework for boilers in Louisiana.
- Move boiler-related regulatory authority from Title 23 to a new, centralized framework within Title 40, and consolidate responsibilities under the state Fire Marshal (Office of State Fire Marshal, Code Enforcement, and Building Safety).
- Replace the prior framework that included the Louisiana State Board of Boiler Examiners with a state Fire Marshal-centric system.
- Align boiler rules with ASME and National Board standards; simplify and codify inspection, licensing, and penalty processes; and standardize fees and procedures across the state (including New Orleans).

Key provisions and changes
- Section 1: Structural shift in authority
- Amends R.S. 36:408(D)(1)(d) to grant exclusive power to the state fire marshal to investigate boilers, formulate rules, regulate construction, installation, repair, use, operation, and safety, and issue enforceable orders statewide (city of New Orleans excluded from some provisions, as before).
- Rules must conform to ASME boiler construction codes (as specified in the statute).

  • Section 2: New boiler regulatory subpart (Part D-4, Subpart D-4) of Title 40

    • Establishes the state fire marshal as the central authority to make rules, investigate, and enforce boiler safety.
    • Requires conformity with ASME boiler construction codes and National Board standards for ASME Code stamping and inspections.

  • Section 2: Duties of the fire marshal

    • Hire and compensate inspectors and staff as needed (approval of governor).
    • Access premises where boilers are built/installed/operated for compliance inspections.
    • Prosecute violators; issue, suspend, or revoke installation permits and operating certificates.
    • Maintain funds and records; enforce boiler laws and regulations.
    • Maintain a comprehensive registry of boiler types, conditions, and last inspection dates.

  • Section 2: Licensed boiler inspectors

    • The fire marshal may license inspectors to inspect boilers in Louisiana.
    • Inspectors must hold NBIC in-service commissions and be employed by NB-approved inspection agencies.
    • Inspections for insured boilers must occur within 30 days of certificate expiration; uninsured or expired certificates may be inspected by any licensed inspector with a valid commission.
    • Inspectors must submit inspection reports to the fire marshal within 15 days of inspection.

  • Section 2: Inspection regime and certificates

    • External and internal boiler inspections scheduled annually, with specific extensions possible for internal inspections under defined conditions.
    • Internal inspection extensions may be granted for boilers integral to continuous operations, with documented conditions (water treatment, corrosion control, records, and maintenance history).
    • Low-pressure boilers have defined inspection cadences; certain internal inspections can be extended up to five years with justification.
    • Operational certificates must specify maximum allowable pressure and be posted in a visible location.

  • Fees and penalties

    • Operating certificate and internal inspection extension fee set at $150.
    • Renewal and reinstatement provisions; certificates must be posted as required.
    • Penalties for noncompliance include warning orders, then civil penalties up to $250 per day for ongoing noncompliance; immediate shutdown orders for unsafe or imminent hazards.
    • New civil-penalty framework replaces prior misdemeanor penalties for operating without a certificate (per-day penalties apply for noncompliance).

  • Installation and permitting

    • Installations, moves, or reinstallation of boilers must be supervised by a licensed installer; New Orleans is no longer exempt from installer licensing or permit requirements (the process is statewide).
    • Initial installer license: $100; annual renewal: $50.
    • Installer exam: pass mark of 70% or higher; exam fee rises from $50 to $150.
    • Permit application for installation/move/reinstallation: signed by the licensed installer; permit fee increased to $150 (from $25).
    • Permits and certificates must be issued by the Fire Marshal or designated representatives.

  • Exemptions and thresholds

    • Retains existing exemptions (federal facilities, portable agricultural boilers, certain residential boilers, etc.).
    • Exempts commercial potable-water boilers under certain capacities (enhanced thresholds: 120 gallons capacity or 200,000 BTU for the broader requirements).

  • Repeals and relocation

    • Repeals parts of Title 23 related to the prior boiler board (Louisiana State Board of Boiler Examiners) and certain other boiler-related provisions.
    • Creates a unified, state-wide framework under the Fire Marshal for boiler inspections and regulation.

Effective date
- Section 4: The act becomes effective January 1, 2027.

Who is affected
- Boiler owners and operators across Louisiana (including those in New Orleans) who must comply with license requirements, operating certificates, and inspection schedules.
- Boiler installers and moving/reinstallation personnel, who must obtain licenses, pass exams, and follow new permitting requirements.
- Licensed boiler inspectors and inspection agencies (now state-sanctioned and contract-based; not paid by the state per the amendments).
- The Office of State Fire Marshal, which consolidates boiler regulation, inspection, and enforcement responsibilities.

Procedural and timeline notes
- Establishes annual inspection schedules with potential 2-year external, internal, and variable extensions depending on boiler class and justification.
- Requires timely submission of inspection reports (15 days post-inspection).
- New fee structure and permit timelines apply to installations and inspections, with transition effective on or after January 1, 2027.

Overall impact
- A modernization and centralization of boiler regulation under the state fire marshal.
- Standardization of inspections, licensing, and penalties, with tighter timelines and higher compliance expectations.
- Potential administrative and cost changes for boiler owners, installers, and inspection companies, along with a broader state-wide enforcement regime.

Compiled from official sources — confirm details with the bill’s official record.

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