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Program A: Licensing and Inspection

Program Authorization: R.S. 40:1563(C)3; R.S. 40:1575; R.S. 23:531-545; R.S. 51:560 et seq; R.S. 51:911 et seq.; R.S. 51:912 et seq.; R.S. 40:1484; R.S. 40:1625 et seq.; R.S. 40:1578.6(C); R.S. 40:1566, 1567, and 1563; R.S. 40:1651 et seq.; R.S. 46:1441; Act 1010 of 1995; La. Administrative code 55:V:3001 et seq.; Section 1864(a) of the Social Services Act; Title 42 of Code of Federal Regulations

PROGRAM DESCRIPTION

The mission of the Licensing and Inspection Program is to minimize the loss of life and property from fire and explosion; ensure public safety of Louisiana's citizens within the constructed environment; provide equal access to disabled individuals; and promote the efficient use of energy in buildings.

The goal of the Licensing and Inspection Program is to protect life and property fire from the hazards of fore or explosion, while being responsive to the needs of the citizens and industries regulated by the Office of the State Fire Marshal by providing prompt courteous and professional delivery of services in the most cost efficient method.

The Licensing and Inspection Program includes the following activities: Inspection Section, Health Care Inspection Section, Boiler and Amusement Ride Safety Inspection Section, Manufactured Homes Section, Sprinkler Contractor Licensing Section, Fireworks Licensing Section, Fire Information Services Section, Fire and Extinguisher and Alarm and Detection Program, Family Food Day Care Homes, and the Louisiana Alarm Services Board.

The Inspection Section, under the authority of R.S. 40:1563 (C) 3, conducts final construction/renovation/addition inspections of all completed construction projects having had prior plan review and existing outside the jurisdiction of a certified fire prevention bureau. Other inspections such as special requested inspections and construction visits are performed based on the urgency of the hazard involved and available resources.

The Health Care Inspection Section through contract agreement with the Department of Health and Hospitals per provisions of Section 1864(a) of the Social Services Act are required to survey and certify compliance with Title 42 of the Code of Federal Regulations.

The Boiler and Amusement Ride Safety Inspection is comprised of the Boiler Inspection Section and the Mechanical Section. The Boiler Section is responsible for the inspections of all boilers and certain pressure vessels throughout the state on a timely basis, and maintenance records of all inspections and companies authorized to construct, install, repair, and operate boilers in Louisiana. The Mechanical Section is responsible for the inspections of all amusement/carnival ride equipment in Louisiana (R.S. 40:1484). These inspections will include the review of all maintenance records, non-destructive testing, operational tests and the qualifications of the ride operators, as well as, the training records of the operators.

The Manufactured Home Section, under the authority of R.S. 51.911 et. seq., conducts periodic inspections of manufactured homes on dealer lots, handles consumers complaints relative to manufactured homes, and licenses manufactures, dealers, and salesmen as required. These inspections conform with Federal Manufactured Housing Construction and Safety Standards and Regulations administered by the Department of Housing and Urban Development.

The Sprinkler Contractor Licensing Section, under the authority of R.S. 40:1625 et seq., licenses each fire protection sprinkler contractor doing business in Louisiana.

The Firework Licensing Section, under the authority of R.S. 51:560 et. seq., licenses manufactures, distributors, jobbers, importers, and retailers of fireworks.

The Fire Information Services Section collects and analyzes fire data.

The Fire Extinguisher and Alarm and Detection Program, under the authority of R.S. 40:1566 et seq., licenses, and certifies firms, employees and apprentices engaged in the installation or servicing of portable fire extinguishers, fixed fire extinguishing systems, fire detection and alarm systems, and hydrostatic testing of pressurized fire extinguishing equipment.

The Family Food Day Care Homes Section, under authority of R.S. 46:1411, inspects private homes taking care of six children or less under a federal program. There are approximately 10,000 homes in this program.

The Louisiana Alarm Service Board licenses and regulates persons working in the burglar and fire alarm installation field.

OBJECTIVES AND PERFORMANCE INDICATORS

1. In FY 1998-99, the Licensing and Inspections Program, through the Inspection activity, will complete 60% of the total number of inspections with priority to complete 90% of new construction within two weeks of the inspection requested and 90% of licensed/certified facilities prior to license/certification expiration by maintaining an average of seven inspections per day.

1 Number of inspections based on number of buildings times the number of stories equals on inspection plus estimated number of reinspections. New indicator for which data are not available in prior years or existing fiscal year.

2 New indicator for which data are not available in prior years or existing fiscal year.

2. In FY 1998-99, the Licensing and Inspection Program, through the Inspection activity, will improve the quality, consistency, accuracy and efficiency of inspections by providing continuing education and requiring a minimum of 80 hours of training per

1 Increased training hours is due to the natural attrition that occurs in this program, which reduces the total number of inspections per day.

2 One quality control inspection per inspector per quarter.

3 New indicator for which data are not available in prior years or existing fiscal year.

3. The Licensing and Inspection Program, through the Boiler and Amusement Ride (Mechanical) Safety Inspection activity, will enforce 100% of the laws, rules and regulations pertaining to the responsibilities and duties of the State Fire Marshal, Engineering Safety, by completing all required inspections due in FY 1998-99, while maintaining over due inspections to less than 20% of the total due.

1. These figures are reported to the Office of the State Fire Marshal, Code Enforcement and Building Safety. There is a requirement that all accidents involving this type of objects be reported.

4. In FY 1998-99, the Licensing and Inspections Program, through the Boiler and Amusement Ride (Mechanical) Safety Inspection Section, will enforce R.S. 40:1484, the amusement Ride Safety Law, as it pertains to amusement/carnival equipment in Louisiana by inspecting 10% of the 250 estimated amusement events held annually.

1 New indicator for which prior year actual and existing year data are not available.

Explanatory Note: It may be more than a complete year before the Boiler and Amusement Ride (Mechanical) Safety Inspection Section develops capability to fully enforce R.S. 1484. Current inhibiting factors include lack of qualified staff, delay of the promulgation of rules and regulations to enforce the law, and lack of resolution of legal issues surrounding the law.

5. By 1999, the Licensing and Inspection Program, through the Manufactured Home Section, will have in place a method of licensing isntaller sand tracking mobile home installations to ensure that they are being properly installed according to manufacturers guidelines and to reduce the number of consumer complaints by 5%.

1 New indicator.

2 Reduction from FY 1995-96 level (5,511) was due to closure of one plant.

3 HUD labels are individually numbered labels issued under Part 3280, Manufactured Home Construction and Safety Standards as in the Code of Federal Regulations and governed through the U.S. Department of Housing and Urban Development (HUD). The code requires that the labels be permanently affixed to each transportable section of each manufactured home for sale or lease in the United States. These labels are affixed to the home at the manufacturers plant and the numbers are matched to the serial number of the home and sent to the state agency of the state in which the home was built. This presents a permanent record for tracking homes to ensure that homes are built to federal pre-exemption guidelines.

4 HUD labels are used to indicate how many homes are produced in the state and shipped into the state. This provides a barometer reflecting the industry's activity in Louisiana. Through these indicators, the State Fire Marshal can determine how many inspectors will be needed and where they are needed to be domiciled to best utilize travel funds.

6. In FY 1998-99, the Licensing and Inspections Program, through the Fire Protection and Burglar Alarm Section, will process all applications for firm certificates, employee licenses and permits and employee examinations with a maximum of 2.0 man-hours per application for the fire protection and sprinkler licensing programs and 3.0 man-hours per application for the burglar alarm licensing program.

1 Applicants are considered to be in compliance with requirements if all necessary fees, training certificates, insurance certificates, documentation of a qualifying agency and/or criminal background information are provided. Applications are returned or rejected if submittal is incomplete or minimum qualifications are not met.

2 These are new performance indicators that will be tracked in the future.

7. In FY 1998-99, the Licensing and Inspections Program, through the Fire Protection and Burglar Alarm Section, will investigate 50% of all complaints received against sprinkler, fire protection, and/or burglar alarm contractors within 45 working days of the date

1 These are new performance indicators that will be tracked in the future.

8. In FY 1998-99, the Licensing and Inspections Program, through the Fire Protection and Burglar Alarm Section, will inspect 10% of all certified firms' places of business within the state boundaries to ensure compliance with all applicable law and rules.

1 These are new performance indicators that will be tracked in the future.

2 There is a difference between those firms licensed and those which have a physical location in the state. There are approximately 40 licensed firms that are out of the state.

Explanatory Note: The projected level of inspections is low because there are only two investigators to cover the entire state. There are approximately 750 firms in the state in which on-site inspection will be conducted. The inspection percentage will increase as more personnel are assigned to this section. The purpose of these inspections is to ensure that licensed companies comply with licensing requirements. Only spot inspections are currently being performed.

9. In FY 1998-99, the Licensing and Inspections Program, through the Health Care Section, will inspect at lease 80% of the health care facilities within the state to ensure compliance with applicable laws and regulations for licensure and to conduct medicare/medicaid certification surveys within the timeliness dictated by the Health Care Finance Administration.

RESOURCE ALLOCATION FOR THE PROGRAM

SOURCE OF FUNDING

This program is funded with Interagency transfers, Self-Generated Revenues, Statutory Dedications, and Federal Funds. The Interagency Transfers are derived from the Department of Health and Hospitals for inspection services. The Self-Generated Revenues are derived from issuance of various licenses (fireworks, mobile home manufacturer, sprinkler and fire extinguisher), sale of fire incident reports and boiler inspection fees. The Statutory Dedications are derived from the Louisiana Fire Marshal Fund, the Louisiana Alarm Regulatory Trust Fund and the Volunteer Firefighters Insurance Premiums. (Per R.S. 39:32B(8), see table below for a listing of expenditures out of each statutory dedicated fund.) The Federal Funds are to defray the cost for inspecting mobile homes that are transported to Louisiana after being manufactured in another state.

ANALYSIS OF RECOMMENDATION

GENERAL FUND

TOTAL

T.O.

 

DESCRIPTION

 

 

 

 

 

$0

$5,184,040

123

 

ACT 18 FISCAL YEAR 1997-1998

 

 

 

 

 

 

 

 

 

BA-7 TRANSACTIONS:

$0

($10,692)

0

 

Realign expenditures for uniform cleaning allowance to the Arson Program

 

 

 

 

 

$0

$5,173,348

123

 

EXISTING OPERATING BUDGET - December 10, 1997

 

 

 

 

 

$0

($86,168)

0

 

Equipment/Major Repairs Adjustment(s)

$0

$80,150

0

 

Annualization of 1997 -'98 Merit Pay Adjustment(s)

$0

$54,285

0

 

1998 -'99 Merit Pay Adjustment(s)

$0

($220,471)

0

 

Attrition Adjustment(s)

$0

($41,954)

0

 

Retirement Rate Adjustment(s)

$0

$7,518

0

 

Adjustment(s) for Civil Service, Training and Other Statewide Interagency Transfer Activities

$0

$38,820

0

 

Risk Management Adjustment(s)

$0

$398,312

0

 

Annualization of partial year funding for 18 new construction inspectors, 2 new manufactured homes inspectors and 9 new amusement ride inspectors

$0

$20,540

0

 

Administrative hearings expenses to be transferred to the Division of Administrative Law

$0

$67,901

2

 

Two data entry positions to enter fire data into statewide data base

$0

$110,878

0

 

Overtime

 

 

 

 

 

$0

$5,603,159

125

 

TOTAL RECOMMENDED

 

 

 

 

 

$0

$429,811

2

 

DIFFERENCE (TOTAL RECOMMENDED AND EXISTING OPERATING BUDGET)

The total means of financing for this program is recommended at 108.3% of the existing operating budget. It represents 92.0% of the total request ($6,088,528) for this program. The increase in funding and the increase in the T.O. is associated with the two fire reporting data entry positions and the 29 new positions added in fiscal year 1997-98.

PROFESSIONAL SERVICES

This program does not have funding for Professional Services for Fiscal Year 1998-1999.

OTHER CHARGES

$500,000

 

Insurance premiums for volunteer firefighters

$62,964

 

Investigators receive $4.50 per workday for cleaning and maintaining uniforms

 

 

 

$562,964

 

TOTAL OTHER CHARGES

 

 

 

 

 

Interagency Transfers:

$271,126

 

Transferred to Management and Finance for utilities, dues, duplicating, telephones, postage and supplies

$30,528

 

Transferred to State Police for automotive maintenance

$24,879

 

Maintenance of state buildings

$7,041

 

Civil Service charges for pro rata share of expenses

$812

 

Comprehensive Public Training Program charge

 

 

 

$334,386

 

TOTAL INTERAGENCY TRANSFERS

ACQUISITIONS AND MAJOR REPAIRS

$257,342

 

Replacement computers, a high speed printer and a copy machine

 

 

 

$257,342

 

TOTAL ACQUISITIONS AND MAJOR REPAIRS


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