reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1721. Declaration of policy

RS 40:1721 - Declaration of policy
In order to insure the public health and safety and to facilitate the efficient use of state funds in the new construction, alterations, additions for renovations of state buildings, there is hereby created a Louisiana Building Code for State Owned Buildings consisting of the various building codes and standards designated in this Part.
The provisions of this Part should not be construed to supercede any local building codes or standards except as they apply to state owned buildings.
Added by Acts 1975, No. 706, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1722. Louisiana Building Code

RS 40:1722 - Louisiana Building Code
A. The new construction, alteration, addition or renovation of all state owned buildings for which bids are let after September 12, 1975, must comply with the rules and regulations to be promulgated by the Facilities Planning and Control Department of the Division of Administration in conformity with the Administrative Procedure Act, which rules and regulations shall establish as minimum standards the provisions of the Louisiana Building Code provided in Subsection B hereof.
B. The Louisiana Building Code shall consist of the following designated and described codes and standards:
(1) The Life Safety Code, Standard 101, 1973 Edition as published by the National Fire Protection Association.
(2) The International Plumbing Code, the International Building Code, Chapter 29-Plumbing Systems, and the International Residential Code, Part VII-Plumbing.
(3) The International Building Code, 2000 Edition as published by the International Code Council.
(4) The International Mechanical Code as published by the International Code Council.
(5) The National Electric Code (NFPA No. 70-1975) as published by the National Fire Protection Association.
C. Repealed by Acts 2003, No. 387, §2, eff. Jan. 1, 2004.
D. Repealed by Acts 2014, No. 836, §3, eff. Jan. 1, 2016.
E.(1) In all cases of conflict between the provisions of the Louisiana Building Code and any local building code in connection with the construction or occupancy of any state-owned building, the provisions of the Louisiana Building Code shall be used.
(2) In all cases wherein the Louisiana Building Code is used in connection with the construction or occupancy of any state-owned building, the permit, and issuance thereof, or performance of any duties associated therewith by any parish or municipality, or the state under this Part, shall have all rights, privileges, and immunities accorded permits under Part IV-A of Chapter 8 of Title 40 and Subpart E of Part I of Chapter 14 of Title 33 of the Louisiana Revised Statutes of 1950.
Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 356, §1; Acts 1992, No. 656, §1, eff. July 2, 1992; Acts 2003, No. 387, §§1 and 2, eff. Jan. 1, 2004; Acts 2014, No. 836, §§3,4, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1723. Administration; exception

RS 40:1723 - Administration; exception
A. The Louisiana Building Code shall be administered by the facilities planning and control department of the Division of Administration.
B. However, nothing contained herein shall affect the state fire marshal and his jurisdiction on matters of life safety and related areas as provided by Part III of Chapter 7 of this Title.
Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 356, §1; Acts 2003, No. 387, §1, eff. Jan. 1, 2004; Acts 2014, No. 836, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1724. Building permits and occupancy permits

RS 40:1724 - Building permits and occupancy permits
A. Plans and specifications for construction, alteration, addition, or renovation of all state-owned buildings shall be approved by the state fire marshal, the secretary of the Louisiana Department of Health, and the office of facility planning and control within the division of administration prior to commencement of work. Nothing herein shall be construed to impose a duty upon the parish or municipality in which the building is located to inspect a state-owned building for compliance with the local building code.
B. State-owned buildings shall not be subject to local permitting, review, or oversight but shall be required to comply with the flood zone requirements of the National Flood Insurance Program.
C. The occupancy permit will be issued to the using agency when the building construction has been approved by the state fire marshal, secretary of the Louisiana Department of Health and the office of facility planning and control within the division of administration.
D. The office of facility planning and control may promulgate rules, pursuant to the Administrative Procedure Act, concerning:
(1) The level of review to be given to projects based upon the size and scope of the project and such other criteria as set forth in the rules.
(2) Alternative methods of compliance and approval.
(3) The establishment of reasonable permitting and plan review fees, provided that no permitting and plan review fees shall be levied or assessed for any project funded through the annual Capital Outlay Act.
Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1993, No. 931, §1; Acts 2006, No. 50, §1, eff. May 16, 2006; Acts 2006, No. 88, §1, eff. May 25, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1725. Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.

RS 40:1725 - Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1726. Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.

RS 40:1726 - Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1727. Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.

RS 40:1727 - Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1728. Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.

RS 40:1728 - Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1728.1. Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.

RS 40:1728.1 - Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1729. Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.

RS 40:1729 - Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730. Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.

RS 40:1730 - Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.1. Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.

RS 40:1730.1 - Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.21. Public policy for state uniform construction code

RS 40:1730.21 - Public policy for state uniform construction code
A. The public policy of Louisiana is to maintain reasonable standards of construction in buildings and other structures in the state consistent with the public health, safety, and welfare of its citizens.
B. This Part is enacted to enable the state of Louisiana to promulgate a state uniform construction code to govern the construction, reconstruction, alteration, and repair of buildings and other structures and the installation of mechanical devices and equipment therein. The state uniform construction code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort, and security balanced with affordability for the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, and techniques. The state uniform construction code will encourage the use of construction materials of the greatest durability, lower long-term costs, and provide greater storm resistance.
C. To clarify the intent of the legislature and address questions which might arise or have arisen with respect to provisions of the nationally known codes which have been or are in place, only those portions or provisions of the nationally known building and safety codes which relate to building standards and safety are binding upon a state or local governmental entity or agency which adopts the building and safety codes authorized or required by this Part.
D. To further clarify the intent of the legislature, this Part continues to apply to a person who may act under authority of the Department of Public Safety and Corrections and that the allocation of inspection duties among local officials is not dictated by this Part but remains a matter for the local authority.
E. To secure these purposes, the Louisiana State Uniform Construction Code Council shall certify a person performing building codes enforcement including building officials, plans reviewers, and inspectors.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.21.1. State preemption of natural gas utility service

RS 40:1730.21.1 - State preemption of natural gas utility service
A. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. No code, ordinance, land use restriction or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a parish or municipality may prohibit or have the effect of restricting a person's or entity's ability to use the services of a utility provider that is capable and authorized to provide the utility service at a person's or entity's property.
B. A parish or municipality may not deny a permit application based on the utility provider proposed to provide utility service to the project.
C. A parish or municipality issuing a building permit shall ensure that all applicable permits and associated fees assessed on a building permit applicant contain requirements and amounts that do not exceed the requirements and amounts for use of other utility providers and do not have the effect of restricting a permit applicant's ability to use the services of a utility provider that is capable and authorized to provide utility service.
D. This Section does not prohibit a parish or municipality from recovering reasonable costs associated with reviewing a building permit, issuing a building permit, and performing inspections to verify code compliance.
E. A parish or municipality may not impose a fine, penalty, or other requirement that has the effect of restricting a utility provider's authority to operate or serve customers.
F. This Section does not affect the authority of a parish or municipality to manage the public highways within its boundaries or to exercise its police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce associated permit conditions.
G. This Section does not affect the authority of a parish or municipality to manage or operate a publicly-owned utility.
H. For the purposes of this Section, "utility service" means natural gas provided to an end user.
I. The provisions of this Section shall supersede any contrary provision of law.
Acts 2020, No. 46, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.22.1. Repealed by Acts 2014, No. 836, §5, effective Jan. 1, 2016.

RS 40:1730.22.1 - Repealed by Acts 2014, No. 836, §5, effective Jan. 1, 2016.
Acts 2014, No. 836, §2, eff. June 23, 2014; Acts 2014, No. 836, §5, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.24. Agreements with other governmental entities for provision of services; private agreements

RS 40:1730.24 - Agreements with other governmental entities for provision of services; private agreements
A. Municipalities and parishes may establish agreements with other governmental entities of the state or certified third-party providers to issue permits and enforce the state uniform construction code in order to provide the services required by this Part. In the event of the establishment of such an agreement, the maximum fees applicable to the issuance of permits and the enforcement of the code shall be established by the governing body of the municipality or parish. The council may assist in arranging for municipalities, parishes, or certified third-party providers to provide the services required by this Part to other municipalities or parishes if a written request from the governing body of the municipality or parish is submitted to the council.
B. Commercial and residential contractors and homeowners who are excepted from the contractor licensing law under R.S. 37:2170 may establish agreements with certified third-party providers to conduct plans review and inspections and enforce the state uniform construction code. On and after January 1, 2007, a third-party provider shall meet the requirements imposed by the council for certificates of registration; however, beginning January 1, 2008, upon application and fulfillment of all other requirements necessary to obtain a certificate of registration, a third-party provider who is a Louisiana licensed architect or engineer shall be granted a certificate of registration without certification by a recognized code organization. Once the council meets for the first time, certified third-party providers shall notify the council of their intention to do business within the state, and the council shall maintain a listing of all certified third-party providers.
C. Municipalities and parishes that establish agreements with other governmental entities of the state or certified third-party providers to enforce the state uniform construction code shall not impose a fee for inspections not performed by the municipality or parish if a fee for the inspection was collected by the governmental entity or third-party provider that actually performed the inspection.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, 1st Ex. Sess., No. 11, §1, eff. Feb. 23, 2006; Acts 2007, No. 335, §1, eff. July 9, 2007; Acts 2008, No. 343, §1; Acts 2008, No. 830, §1; Acts 2011, No. 391, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.25. Appointment of building official or contractual arrangement for such services; affidavit for exemption

RS 40:1730.25 - Appointment of building official or contractual arrangement for such services; affidavit for exemption
Each parish and municipality shall appoint a council-certified building official or contract with other governmental entities or third parties as authorized in R.S. 40:1730.24 of this Part so that the unincorporated area of the parish is under the jurisdiction of a council-certified building official. A parish or municipality may use a certified building inspector in lieu of a certified building official for a period not to exceed four years from the date the state uniform construction code becomes effective in the parish or municipality. No building official or certified building inspector shall be appointed if he has any interest in any legal entity that performs commercial or residential construction within the jurisdiction in which he would be appointed. Nothing in this Part shall prevent a municipality or parish from appointing and employing other council-certified personnel and assistants necessary to perform the required inspections and technical duties and prescribing fees for construction permits and inspections as provided by law.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2008, No. 830, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.27. Adoption and enforcement of emergency wind and flood mitigation requirements

RS 40:1730.27 - Adoption and enforcement of emergency wind and flood mitigation requirements
A. The wind and flood mitigation requirements prescribed by the 2003 International Building Code and the 2003 International Residential Code, as modified in R.S. 40:1730.28(A)(3), shall apply within the parishes of Calcasieu, Cameron, Vermilion, Iberia, St. Tammany, Orleans, Jefferson, St. Bernard, Plaquemines, Terrebonne, and Lafourche.
B. Emergency wind and flood building requirements adopted in this Section shall remain in force until January 1, 2007.
C. Except as otherwise provided herein, the emergency wind and flood mitigation requirements adopted by this Section shall be enforced pursuant to R.S. 40:1730.23 and 1730.24 of this Part. If municipalities and parishes are unable to enforce the emergency wind and flood mitigation requirements prescribed in this Section on the effective dates provided for in Subsection D of this Section, the Louisiana Department of Public Safety and Corrections shall enforce them as long as they remain in effect.
D. The provisions of this Section shall go into effect thirty days from November 29, 2005, for parishes and municipalities that have code enforcement procedures in place on November 29, 2005. For those parishes and municipalities without code enforcement procedures, the provisions of this Section shall be applied no later than ninety days from November 29, 2005.
E. The Department of Public Safety and Corrections, office of state fire marshal, may establish contract agreements with parishes, municipalities, and third-party providers in order to provide enforcement of this Section.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 769, §1, eff. June 30, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.28.1. Mandatory adoption of plumbing provisions of certain nationally recognized codes and standards; amendments; effective date

RS 40:1730.28.1 - Mandatory adoption of plumbing provisions of certain nationally recognized codes and standards; amendments; effective date
A. Notwithstanding R.S. 40:1730.28, the council shall evaluate, adopt, and amend the latest editions of the following as part of the State Uniform Construction Code:
(1) The International Building Code, Chapter 29-Plumbing Systems.
(2) The International Residential Code, Part VII-Plumbing.
(3) The International Plumbing Code.
B. The codes listed in Subsection A of this Section as adopted by the council shall become effective January 1, 2016.
C.(1)(a) The Plumbing Transition Commission, provided for in R.S. 40:1730.22.1, hereinafter in this Section referred to as the "commission", may provide the council with amendments to include in the plumbing provisions adopted pursuant to this Section.
(i) The council shall include amendments in the plumbing provisions adopted pursuant to this Section that are provided by the commission pursuant to R.S. 40:1730.22.1(B)(2)(a).
(ii) The council shall vote, in accordance with the voting requirements in R.S. 40:1730.22(D), on whether or not to include amendments which are provided pursuant to R.S. 40:1730.22.1(B)(2)(b) in the plumbing provisions adopted pursuant to this Section.
(b) The council shall be in receipt of all amendments from the commission to be included in the plumbing provisions to be adopted pursuant to this Section by June 15, 2015. The commission shall not provide any further amendments to the council for the plumbing provisions adopted pursuant to this Section after June 15, 2015.
D. Nothing in this Section nor any provisions adopted pursuant to this Section shall lessen the licensing qualifications and requirements provided in R.S. 37:1361 et seq.
Acts 2014, No. 836, §1, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.28.2. State Uniform Construction Code; requirements and prohibitions

RS 40:1730.28.2 - State Uniform Construction Code; requirements and prohibitions
A. The State Uniform Construction Code shall:
(1) Require methods of back flow prevention to prevent contaminated water from flowing back into the public water system.
(2) Prohibit plumbing vent systems using air admittance valves.
(3) Require that a trap seal primer valve be installed where a trap seal is subject to loss by evaporation.
B. The council shall adopt rules and regulations in accordance with R.S. 40:1730.26(2)(a) to implement the provisions of this Section. Any modifications to the rules and regulations adopted pursuant to this Section shall be adopted in accordance with the provisions of R.S. 40:1730.26(2)(b).
Acts 2014, No. 836, §1, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.28.3. Authority of the Louisiana Department of Health

RS 40:1730.28.3 - Authority of the Louisiana Department of Health
Nothing in this Part or any provision adopted pursuant to this Part shall prohibit the Louisiana Department of Health from the following:
(1) Regulating stored water temperatures through enforcement of the Sanitary Code.
(2) Regulating medical gas and medical vacuum systems.
Acts 2014, No. 836, §1, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.28.5. Mandatory adoption of the energy code provisions of certain nationally recognized codes and standards; amendments; effective date

RS 40:1730.28.5 - Mandatory adoption of the energy code provisions of certain nationally recognized codes and standards; amendments; effective date
A. Notwithstanding R.S. 40:1730.28, the council shall evaluate, adopt, and amend the latest editions of the following as part of the State Uniform Construction Code:
(1) The International Energy Conservation Code.
(2) The International Residential Code, Part IV Energy Efficiency.
B. The codes listed in Subsection A of this Section as adopted by the council shall become effective July 1, 2023.
C.(1) The commission shall provide the council with amendments to include in the energy code provisions adopted pursuant to this Section.
(2) The council shall adopt only amendments to the energy code provisions adopted pursuant to this Subsection that are provided by the commission pursuant to R.S. 40:1730.28.4(E)(3).
(3) The council shall be in receipt of all amendments from the commission to be included in the energy efficiency provisions to be adopted pursuant to this Section by December 31, 2022, and the commission shall not provide any further amendments to the council after this date.
Acts 2022, No. 635, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.29. Regulation of construction or improvement of industrial facilities

RS 40:1730.29 - Regulation of construction or improvement of industrial facilities
A. Excluding the applicable requirements of the International Plumbing Code, the provisions of this Part shall not apply to the construction or improvement inside the secured or fenced confines of the following types of industrial facilities that are engaged in activities defined or classified under one or more of the following subsectors, industry groups, or industries of the 2012 North American Industry Classification System (NAICS):
(1) 22111 electric power generation.
(2) 3211 saw mills and wood preservation.
(3) 322 paper manufacturing.
(4) 324 petroleum and coal products manufacturing.
(5) 325 chemical manufacturing.
(6) 326 plastics and rubber products manufacturing.
(7) 331 primary metal manufacturing.
(8) 562211 hazardous waste treatment and disposal.
(9) 562212 solid waste landfill.
(10) 424710 petroleum bulk stations and terminals.
(11) 486110 pipeline transportation of crude oil.
(12) 486910 pipeline transportation of refined petroleum products.
(13) 482610 pipeline transportation of natural gas.
(14) 486990 all other pipeline transportation.
(15) 211112 natural gas liquid extraction.
(16) 211 oil and gas extraction.
(17) 3212 veneer, plywood, and engineered wood product manufacturing.
(18) 486 pipeline transportation.
(19) 213 support activities for mining.
B. The council may adopt by rule, in accordance with the Administrative Procedure Act, compatible NAICS code designations updates.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2013, No. 390, §1, eff. Jan. 1, 2014; Acts 2014, No. 836, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.30. Regulation of construction or improvement of farm, recreational, and residential accessory structures; authority to issue building permits

RS 40:1730.30 - Regulation of construction or improvement of farm, recreational, and residential accessory structures; authority to issue building permits
A.(1) For purposes of this Section, "farm structure" means a structure which is constructed on a farm, other than a residence or a structure attached to it, for use on the farm including but not limited to barns, sheds, and poultry houses but not public livestock areas. For purposes of this Section, "farm structure" does not include a structure originally qualifying as a "farm structure" but later converted to another use.
(2) For purposes of this Section, "residential accessory structure" means a structure not exceeding five hundred square feet in footprint, and not attached to a residence that is used as an accessory to the primary use of the residence, and not constructed in regions where the basic wind speeds from Figure R301.2(4) of the International Residential Code, as promulgated by the council, equal or exceed one hundred miles per hour, or forty-five meters per second, in hurricane-prone regions or one hundred ten miles per hour, or forty-nine meters per second, elsewhere.
B. The governing authority of a parish or municipality shall not enforce that portion of the state uniform construction code which regulates the construction or improvement of a farm structure or private outdoor recreational structure, other than a residence or structure attached to a residence, such as a hunting or fishing camp or residential accessory structure. However, a municipality with a population in excess of forty-five thousand according the latest federal decennial census may enforce that portion of the state uniform construction code which regulates the construction or improvement of a residential accessory structure.
C. For residential construction, the standards published by the Federal Emergency Management Agency for the National Flood Insurance Program shall apply.
D. The provisions of this Section shall not affect the power of the governing authority of a parish or municipality to issue building permits before the construction or improvement of a farm or private outdoor recreational structure.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2008, No. 830, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.31. Mandamus and injunctive relief for violation of code or regulation; penalties

RS 40:1730.31 - Mandamus and injunctive relief for violation of code or regulation; penalties
For a violation of the building codes or regulations adopted pursuant to this Part, the local building official may enjoin further construction of the project as provided by local ordinance. The municipal, district, or parish attorney, attorney general, or other appropriate authorities of a political subdivision, in addition to other remedies, may apply for injunctive relief, mandamus, or other appropriate proceeding in the district court of the parish where the violation occurred.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.32. Imposition of fees

RS 40:1730.32 - Imposition of fees
Nothing in this Part shall prohibit the governing authority of a parish or municipality from imposing fees necessary to implement and continue the provisions required by this Part as provided by law.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.33. Codes applicable to building inspections

RS 40:1730.33 - Codes applicable to building inspections
A. Notwithstanding any other law to the contrary, an inspector shall conduct a building inspection using the requirements of the codes in effect for the locality on the date of the issuance of the original building permit when performing inspections on residential structures for the purposes of allowing occupancy and reconnecting utilities. When conducting inspections to allow occupancy or reconnecting utilities to an existing residential structure, the intent of the inspection is to ascertain the general safety of the structure and its appropriateness for occupancy.
(1) If no date of issuance of an original building permit can be found, an inspector shall conduct the inspection using the requirements of the codes in effect on the date of submission of the original building permit application.
(2) If no date of application for, or date of issuance of, the original building permit is available, the building official of the applicable parish planning and development service or similar agency shall use court records and other available documents, such as transfer of property records, mortgage records, tax records, or rent records, to ascertain the nearest date possible to the issuance of the original building permit. If the building official is able to determine a date pursuant to the requirements of this Paragraph, an inspector shall conduct the inspection using the requirements of the codes in effect on the date established by the building official.
(3) If ambiguity exists after attempting to determine an applicable date under Paragraphs (1) and (2) of this Subsection, an inspector shall conduct an inspection using the requirements of the least restrictive codes in effect during the period of time beginning one calendar year prior to and ending one calendar year subsequent to the earliest recorded date of transfer of the property to be inspected.
B. Nothing in this Section shall be construed to authorize an inspector to have or use discretion in determining what codes shall apply to an inspection pursuant to this Part.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2022, No. 705, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.34. Responsibility of Louisiana State Construction Code Council for registration of building codes enforcement officers; record of hearings and proceedings; register of applications for certificates of registration

RS 40:1730.34 - Responsibility of Louisiana State Construction Code Council for registration of building codes enforcement officers; record of hearings and proceedings; register of applications for certificates of registration
A. The Louisiana State Uniform Construction Code Council is responsible for the registration of building codes enforcement officers pursuant to this Part. When used in this Part "building codes enforcement officer" means 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.
B. The council or its designated representatives may conduct hearings and proceedings required by law or considered necessary by the council. The council and its members shall be subject to the Open Meetings Law, the Public Records Law, and the Code of Governmental Ethics, provided however, that when any member of the council has a real or perceived conflict of interest upon an issue before the council, he shall recuse himself from participation in that issue by providing a verbal explanation of the real or perceived conflict to the council. The Department of Public Safety and Corrections shall employ and supervise personnel necessary for the administration of this Part. The council may promulgate regulations under the provisions of the Administrative Procedure Act for the proper enforcement of this Part.
C. The council shall keep a record of its hearings and proceedings and a register of applications for the certificates of registration showing the date of application, name, qualifications, and addresses of the business and residence of the applicant and whether the certificate is approved or denied. The council shall publish at least annually the applications in the register which are approved. Applicants and registrants shall notify the council of changes in required information within ten days of a change.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.36. Registration required to practice as code enforcement officer; violations; penalty

RS 40:1730.36 - Registration required to practice as code enforcement officer; violations; penalty
On or after January 1, 2007, no person may practice as a code enforcement officer in this state unless registered as provided in this Part. A person violating the provisions of this Part shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day the violation continues is a separate offense.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 769, §1, eff. June 30, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.37. Injunction to restrain person from violating this Part

RS 40:1730.37 - Injunction to restrain person from violating this Part
If the council has reason to believe that a person is violating or intends to violate a provision of this Part, in addition to other remedies, it may order the person immediately to refrain from the conduct. The council may apply to the district court of the parish for an injunction restraining the person from the conduct. The court may issue a temporary injunction ex parte not to exceed ten days and upon notice and full hearing may issue other orders in the matter it considers proper. No bond is required of the council by the court as a condition to the issuance of an injunction or other order pursuant to this Part.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.38. Duration of certificates; renewal; continuing education requirements; funding

RS 40:1730.38 - Duration of certificates; renewal; continuing education requirements; funding
A certificate of registration issued under R.S. 40:1730.35(B) is valid for one year and expires on the last day of the month of issuance. Renewal of all registrations must be based upon a determination by the council of the applicant's participation in council-approved continuing education programs. The council must promulgate regulations setting forth the continuing education requirements for building code enforcement officers. A person failing to make timely renewal of his certificate is not registered unless qualified in the manner provided for new registrants under R.S. 40:1730.35(B) and may not practice until registered in accordance with this Part.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.39. Powers of state fire marshal

RS 40:1730.39 - Powers of state fire marshal
A.(1) The state fire marshal may establish contract agreements with municipalities and parishes in order to provide code enforcement on behalf of the municipality or parish as provided in R.S. 40:1730.24 of this Part.
(2)(a) The agreement may include a provision that permits the state fire marshal to take into consideration practical and unreasonable economic hardships before applying the strict requirements of this Part. Pursuant to the contractual agreement with a municipality or parish executed in accordance with the provisions of this Subsection and upon appeal of the professional of record for a plan review of a structure, except one- or two-family dwellings, the state fire marshal may allow alternative materials, design, and methods of construction and equipment that comply with the provisions of the International Building Code, Chapter 1-Scope and Administration, relative to alternative materials, design, and methods of construction and equipment.
(b) The state fire marshal may adopt, in accordance with the Administrative Procedure Act, the provisions set forth in the International Building Code, Chapter 1-Scope and Administration, relative to alternative materials, design, and methods of construction and equipment.
B. Nothing in this Part shall be construed so as to prevent the state fire marshal from enforcing the fire protection, life safety, accessibility, and high rise laws of this state, the enforcement of which are his statutory and regulatory responsibility.
C. Nothing in this Part shall be construed so as to prevent the state fire marshal from enforcing the Commercial Building Energy Conservation Code as provided in R.S. 40:1730.41 et seq.
Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 364, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.40. Municipalities and parishes; home rule charter

RS 40:1730.40 - Municipalities and parishes; home rule charter
A. Nothing in this Part shall conflict with the provisions of Article VI, Sections 4 and 6 of the Constitution of Louisiana pertaining to the powers, functions, and duties of local governments or the structure and organization or the particular distribution and redistribution of the powers and functions of any local government operating under a home rule charter, or otherwise prohibit a local government from adopting ordinances for the local administration of the construction code provided for in this Part or for any procedures in connection with the local enforcement of the provisions of this Part.
B. In the enforcement of any provision of the construction code provided for in this Part, if any provision of this Part conflicts with the provisions of a home rule charter pertaining to the powers, functions, and duties of local governments or the structure and organization or the particular distribution and redistribution of the powers and functions of such local government, the provisions of such home rule charter shall supersede the conflicting provisions of this Part.
C. Nothing in this Section shall allow any local government to avoid enforcement or otherwise amend any of the mandatory construction code provisions required by R.S. 40:1730.28 or prohibit commercial and residential contractors or homeowners from using certified third-party providers pursuant to R.S. 40:1730.24.
Acts 2008, No. 306, §1, eff. June 17, 2008.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.40.1. Plumbing provisions of or adopted pursuant to this Part; court orders or consent decrees

RS 40:1730.40.1 - Plumbing provisions of or adopted pursuant to this Part; court orders or consent decrees
Any order or consent decree relative to maintaining or building a public sewage system which is entered in a federal court of competent jurisdiction shall supercede the plumbing provisions of this Part or plumbing provisions adopted pursuant to this Part.
Acts 2014, No. 836, §1, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.40.2. Plumbing provisions; manufactured housing

RS 40:1730.40.2 - Plumbing provisions; manufactured housing
Notwithstanding any provision to the contrary, all manufactured homes that are built to federal construction standards shall only be subject to the plumbing provisions in federal law. Manufactured homes shall not be subject to state plumbing regulations, regardless if the manufactured home is connected to a public or private sewer system; however, such connection shall be completed and maintained by a Louisiana licensed plumber.
Acts 2014, No. 836, §1, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.41. Short title

RS 40:1730.41 - Short title
This Part shall be known, and may be cited and referred to, as the "State Building Energy Conservation Code".
Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2022, No. 635, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.42. Definitions

RS 40:1730.42 - Definitions
(1) "Historic buildings" means those buildings specifically designated as historically significant by the state historic preservation officer or by official action of a local government.
(2) "International Energy Conservation Code" means the document developed by the International Code Council, Inc., entitled "International Energy Conservation Code", also referred to as "IECC".
Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2007, No. 110, §1, eff. June 22, 2007; Acts 2012, No. 562, §1; Acts 2022, No. 635, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.43. Purpose

RS 40:1730.43 - Purpose
It is the intent and purpose of this Part to institute minimum energy conservation standards for new construction and all applicable alterations and repairs of state-owned and state-funded buildings within Louisiana.
Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2022, No. 635, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.44. Scope of State Building Energy Conservation Code

RS 40:1730.44 - Scope of State Building Energy Conservation Code
A. New state buildings constructed in Louisiana shall comply with the State Building Energy Conservation Code.
B. The facility planning and control section of the division of administration may modify the specific requirements of this Part for state-owned historic buildings and may provide alternate requirements which will result in a reasonable degree of energy efficiency.
Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2022, No. 635, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.45. Adoption of State Building Energy Conservation Code; enforcement; rules

RS 40:1730.45 - Adoption of State Building Energy Conservation Code; enforcement; rules
A. The International Energy Conservation Code, 2021 edition, or latest edition promulgated by the Louisiana State Uniform Construction Code Council, as defined by R.S. 40:1730.28(A), with state amendments, is hereby adopted as the State Building Energy Conservation Code.
B.(1) For state-owned facilities, statewide enforcement of the provisions of this Part shall be the responsibility of the facility planning and control section of the division of administration.
(2) No construction shall commence on any new state-owned facility unless the facility planning and control section of the division of administration has determined that the building plans, specifications, and energy code compliance documents are in compliance with the State Building Energy Conservation Code.
(3) No alterations or repairs to any existing state-owned facility shall commence unless the facility planning and control section of the division of administration has determined that the building plans, specifications, and energy code compliance documents for that portion being altered or repaired are in compliance with the applicable part of the State Building Energy Conservation Code.
C. The facility planning and control section of the division of administration shall have the power to promulgate rules and regulations necessary to enforce the provisions of this Part.
Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2007, No. 110, §1, eff. June 22, 2007; Acts 2012, No. 562, §1; Acts 2022, No. 635, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.52. Legislative findings

RS 40:1730.52 - Legislative findings
A. The Legislature of Louisiana finds that, in an effort to meet the building needs within the state, the private construction industry has developed mass production techniques which can substantially reduce construction costs, and the mass production of buildings presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures.
B. Due to the nature of the construction of modular building units, which arrive at the site of installation with some or all of the electrical, mechanical, plumbing, and other systems already built into the unit and not able to be inspected at the site without disassembly or destruction, it is the purpose of this Part to provide for the inspection of modular building units for compliance with the building code at the place of manufacture.
Acts 2007, No. 364, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.53. Definitions

RS 40:1730.53 - Definitions
As used in this Part, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:
(1) "Account" means the Industrialized Building Program Dedicated Fund Account.
(2) "Building code" means the Louisiana State Uniform Construction Code provided for in R.S. 40:1730.21 et seq.
(3) "Commercial building" means a structure used for any purpose other than a one- and two-family dwelling or accessory to a one- and two-family dwelling.
(4) "Construction site building" means a commercial structure that is not open to the public and used for any purpose at a commercial site by a person constructing a building, road, bridge, utility, or other infrastructure or improvement to real property.
(5) "Council" means the Louisiana State Uniform Construction Code Council.
(6) "Industrialized building" means a commercial structure that is the following:
(a) Erected or installed using one or more modules or one or more modular components that are constructed at a location other than the commercial site.
(b) Designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed.
(c) Includes the structure's plumbing, heating, air conditioning, and electrical systems.
(d) Includes a permanent commercial structure and a commercial structure designed to be transported from one commercial site to another commercial site.
(e) Does not exceed three stories or forty-nine feet in height measured from the finished grade to the peak of the roof.
(7) "Modular component" means a structural part of a building constructed at a location other than the commercial site in a manner that prevents the construction from being adequately inspected for building code compliance at the commercial site without damage or removal and reconstruction of a part of the building.
(8) "Module" means a three-dimensional section of industrialized building designed and approved to be transported as a single section independent of other sections, with or without modules or modular components, that prevents the construction from being adequately inspected for building code compliance without damage or removal and reconstruction of a part of the building.
(9) "Secretary" means the secretary of the Department of Public Safety and Corrections.
Acts 2007, No. 364, §1; Acts 2009, No. 514, §1; Acts 2021, No. 114, §18, eff. July 1, 2022.