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2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.56. Standards

RS 40:1730.56 - Standards
A. Industrialized buildings constructed after January 1, 2007, shall meet or exceed the requirements of the building code and the requirements of the state fire marshal in accordance with R.S. 40:1574 through 1593.
B. Industrialized buildings constructed prior to January 1, 2007, shall meet or exceed the requirements established by the parish or municipality in which the building is to be located at the time of construction of the industrialized building. If the parish or municipality has not established requirements, compliance with the wind and flood provisions as adopted by the Louisiana State Uniform Construction Code Council shall be required as a minimum standard. A change in the use of an industrialized building shall be subject to the requirements established for renovations. An industrialized building which is not accessible by the public may be relocated within the state without the requirement of modification or alteration. In addition, a change in use of such building shall not be subject to the requirements established for renovations unless the change in use allows access by the public.
C. Documentation indicating the date of construction of the industrialized building shall be presented to the building official in that jurisdiction upon application for a permit.
D.(1) Any temporary housing, typically used for daily living purposes, that is provided for temporary workers shall comply with the provisions of this Part.
(2) The provisions of this Subsection shall not apply to one- or two-family dwellings, manufactured homes, or other commercial structures being lawfully used to house temporary workers.
Acts 2007, No. 364, §1; Acts 2016, No. 262, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.57. Building code enforcement; municipality or parish

RS 40:1730.57 - Building code enforcement; municipality or parish
A municipality or parish may not require or enforce, as a prerequisite for granting or approving a building or construction permit or certificate of occupancy, any requirement more stringent than the standards provided for in this Part.
Acts 2007, No. 364, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.58. Building code amendments

RS 40:1730.58 - Building code amendments
A. An industrialized building that bears an approved decal or insignia indicating that the building complies with the building code for specific wind zones and that has not been modified or altered shall not be required to comply with an amendment to the building code approved by the council.
B. Any elements that are altered in existing industrialized buildings shall be made to conform to the requirements of the building code for new construction to the extent as the state fire marshal may determine is practically feasible.
C. The owner of an industrialized building that bears an approved decal or insignia indicating the building complies with the building code and that is modified or altered after the date the council approves a building code amendment must ensure one of the following:
(1) The entire building complies with the building code or building code amendment if the cost of the modification or alteration to the building is at least fifty percent of the value of the modules or modular components used in the construction of the building.
(2) The modified or altered portion of the building complies with the building code or building code amendment if the cost of the modification or alteration is less than fifty percent of the value of the modules or modular components.
Acts 2007, No. 364, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.60. Approval of design

RS 40:1730.60 - Approval of design
Each page of the designs, plans, and specifications shall bear a stamp of approval by the state fire marshal if the designs, plans, and specifications satisfy the requirements set forth in R.S. 40:1730.59.
Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.61. Equivalent methods of compliance

RS 40:1730.61 - Equivalent methods of compliance
With reference to the standards and requirements of the building code, the state fire marshal may determine, from an engineering performance standpoint, all questions concerning building code equivalency or alternative materials or methods of construction or as approved by the Louisiana State Uniform Construction Code Council.
Acts 2007, No. 364, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.62. Inspections

RS 40:1730.62 - Inspections
A. The state fire marshal may adopt and promulgate rules and regulations regarding procedures for inspecting the construction of industrialized buildings to ensure compliance with approved designs, plans, and specifications.
B. To ensure compliance with the building code or approved designs, plans, and specifications, the state fire marshal or a registered third-party inspector shall inspect the construction of industrialized buildings.
C. A building code enforcement officer, a registered third-party inspector, or the state fire marshal or his designee shall inspect construction involving the installation of industrialized buildings to ensure compliance with designs, plans, and specifications, including the inspection of:
(1) The construction of the foundation system.
(2) The erection and installation of the modules or modular components on the foundation.
Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.63. Decals or insignia

RS 40:1730.63 - Decals or insignia
A. The state fire marshal shall provide by rule for the placement of decals or insignia on each transportable modular section or modular component to indicate compliance with the building code.
B. The state fire marshal may exempt by rule a construction site building from the requirements of this Section.
C. The state fire marshal may exempt by rule an industrialized building that is installed in a manner other than on a permanent foundation and is either not open to the public or less than one thousand five hundred square feet in total area and used other than as a school or a place of religious worship.
Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.64. Reciprocity

RS 40:1730.64 - Reciprocity
A. The state fire marshal may authorize an inspection of industrialized buildings constructed in another state to be performed by an inspector of the equivalent regulatory agency of the other state.
B. The state fire marshal may authorize an inspection of industrialized buildings constructed in this state for use in another state.
C. The state fire marshal may enter into a reciprocity agreement with the equivalent regulatory agency of the other state as necessary to implement this Section.
D. The state fire marshal may approve previously manufactured industrialized buildings when the state fire marshal determines that the adopted standards of other states are reasonably consistent with those of the building code in effect at the time of unit manufacture. The previously manufactured industrialized building shall be required to bear a data plate indicating the codes in effect at the time of unit manufacture and any other state labels that are applicable.
Acts 2007, No. 364, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.65. Local government authority

RS 40:1730.65 - Local government authority
A. Local authority is specifically and entirely reserved to a municipality or parish regarding:
(1) Land use and zoning requirements.
(2) Building setback requirements.
(3) Side and rear yard requirements.
(4) Site planning and development and property line requirements.
(5) Subdivision control.
(6) Landscape architectural requirements.
B. Requirements and regulations not in conflict with this Part or with other state law relating to transportation, erection, installation, or use of industrialized buildings must be reasonably and uniformly applied and enforced without distinctions as to whether the buildings are manufactured or are constructed on-site.
C. A parish or municipality that regulates the on-site construction or installation of industrialized buildings may:
(1) Require and review, for compliance with the building code, a complete copy of designs, plans, and specifications bearing the state fire marshal's stamped approval for each installation of industrialized buildings.
(2) Require that all applicable local permits and licenses be obtained before construction begins on a building site.
(3) Require, in accordance with rules established by the state fire marshal, that all modules or modular components bear an approved decal or insignia indicating inspection by the department.
(4) Establish procedures for the inspection of the following:
(a) The erection and installation of industrialized buildings to ensure compliance with the building code and council rules.
(b) All foundation and other on-site construction, to ensure compliance with approved designs, plans, and specifications.
D. Procedures described by Paragraph (C)(4) of this Section may require the following:
(1) Before occupancy, a final inspection or test in accordance with the building code.
(2) Correction of any deficiency identified by the test or discovered in the final inspection.
Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.66. State fire marshal; state health officer; authority

RS 40:1730.66 - State fire marshal; state health officer; authority
A. Nothing in this Part shall be construed to prevent the state fire marshal from enforcing the fire protection, life safety, accessibility, and high-rise laws of this state.
B. Nothing in this Part shall be construed 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.
C. Nothing in this Part shall be construed as to prevent the state health officer from enforcing any applicable requirements of the State Sanitary Code as provided in R.S. 40:4.
D. Nothing in this Part shall be construed to authorize the state fire marshal to adopt or amend the Louisiana State Uniform Construction Code.
Acts 2007, No. 364, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.67. Fees

RS 40:1730.67 - Fees
The state fire marshal may establish by rule, adopted in accordance with the Administrative Procedure Act, reasonable fees in order to implement the provisions of this Part, not to exceed the following:
(1) Manufacturer registration, three hundred fifty dollars per year per location.
(2) Dealer registration, two hundred fifty dollars per year.
(3) Plan review:
(a) Shall not exceed five hundred dollars for buildings of two thousand square feet or less.
(b) Shall not exceed thirty cents per square foot for buildings over two thousand square feet.
(4) Code equivalency review, one hundred dollars per review.
(5) Inspections, forty dollars per hour, including travel time.
(6) Decal or insignia issuance:
(a) For modules, seven cents per square foot of floor area, with a minimum fee of twenty-five dollars.
(b) For components, two cents per square foot of surface area, with a minimum fee of sixty cents.
Acts 2009, No. 514, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.68. Industrialized Building Program Dedicated Fund Account; distribution

RS 40:1730.68 - Industrialized Building Program Dedicated Fund Account; distribution
A. All proceeds derived from the fees and all amounts received by the secretary from interest, fines, or penalties or any other source pursuant to the provisions of this Part shall be deposited with the state treasurer. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, the state treasurer shall, each fiscal year and subject to an annual appropriation by the legislature, credit to the "Industrialized Building Program Dedicated Fund Account", hereafter referred to in this Section as the "account", which is hereby created in the treasury as a special designated fund account, an amount equal to the amount of money paid into the treasury by the secretary pursuant to the provisions of this Section. All unexpended and unencumbered monies in the account at the end of each fiscal year shall remain in the account. The monies in the account shall be invested by the state treasurer in the same manner as monies in the state general fund. All interest earned on monies in the account invested by the state treasurer shall be deposited in the account. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
B. Monies from the account shall be appropriated and paid to the secretary at the beginning of each fiscal year to be distributed to the office of state fire marshal, code enforcement and building safety, and shall be used for the implementation of this Part.
Acts 2009, No. 514, §1; Acts 2021, No. 114, §10, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1730.71. Installation of modular housing

RS 40:1730.71 - Installation of modular housing
A. Installation of a modular home with a value of less than thirty-seven thousand five hundred dollars shall be done pursuant to the Louisiana State Uniform Construction Code. Installation shall be done by a contractor licensed by the Louisiana Manufactured Housing Commission under R.S. 51:911.26 et seq. who may obtain local permits for the installation.
B. Installation of a modular home with a value equal to or greater than thirty-seven thousand five hundred dollars shall be done pursuant to the Louisiana State Uniform Construction Code. Installation shall be done by a residential building contractor licensed by the State Licensing Board for Contractors under R.S. 37:2150 et seq.
C. For the purposes of this Section, the value of the installation shall not include the cost of the component parts of the modular home in the condition each part leaves the factory. The seller shall maintain an itemized list of all other related costs. The installer, if not the seller, shall also maintain an itemized list of all installation costs.
D. For the purposes of this Section, "modular home" means a structure designed for residential occupancy, designed and constructed to the standards of the Louisiana State Uniform Construction Code, which is manufactured in one or more sections in a factory for installation on a permanent foundation at its final location. The term does not include manufactured housing as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.A. §§5401-5426.
Acts 2009, No. 327, §1, eff. July 6, 2009.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1731. Purposes

RS 40:1731 - Purposes
A. The legislature hereby finds that the disabled community is denied access to much of the built environment and that this denial of access often prevents the disabled community from exercising their rights and privileges as citizens. Denial of access further impairs the ability of the disabled community to secure an education, to find and maintain gainful employment, to live independently, and to otherwise participate fully in society. The legislature further finds that a large proportion of the population is disabled and that this state has a moral interest in securing equal rights for all its citizens and an economic interest in the removal of architectural barriers which keep members of the disabled community on public assistance programs and from becoming productive citizens.
B. It is therefore the policy of this state to bring to an end, as quickly as possible, the undue hardship caused by architectural barriers. The state shall enable persons who are disabled to achieve maximum personal independence, to become gainfully employed, and to use and enjoy all buildings and facilities. It is the intent of the legislature to implement the removal of architectural barriers so that members of the disabled community will share equally in the right to use and enjoy the man-made environment, including but not limited to places of employment, recreation, entertainment, shopping, and education.
Added by Acts 1977, No. 625, §1; Acts 2011, No. 398, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1732. Definitions

RS 40:1732 - Definitions
As used in this Part:
(1) "ADA" means the Americans with Disabilities (Civil Rights) Act of 1990 (Public Law 101-336).
(2) "ADA Standards" means the 2010 Americans with Disabilities Act Standards for Accessible Design as adopted by the United States Department of Justice pursuant to the ADA and any subsequent amendments or additions to or editions adopted by the Department of Justice.
(3) "Alteration" means deliberate reconstruction of an existing building in whole or in part in order to bring it up to date in conformity with present uses of the structure and to which other rules and regulations on the upgrading of health and safety provisions are applicable. It shall also include "alteration" as defined in the ADA Standards. For purposes of this Part, alteration shall also mean any change in occupancy as defined by the Life Safety Code.
(4) "Building" means a structure to which the general public customarily has access or utilizes as defined in the ADA Standards.
(5) "Dwelling unit" means a single unit of residence for a household of one or more persons.
(6) "Fire marshal" means the fire marshal of the state of Louisiana.
(7) "Improved area" includes parking lots, curbings, sidewalks, streets, harbors, parks, beaches, public telephones, recreational areas, drinking fountains, camping grounds, and restrooms.
(8) "Private building or facility" means a commercial facility or a place of public accommodation as such terms are defined by the ADA Standards or in the Life Safety Code.
(9) "Public building or facility" means a building, structure, or facility designed, constructed, or altered by, on behalf of, or for the use of a quasi public agency, the state, or any agency or department thereof, or any political subdivision or any governmental agency or department thereof or as defined by the ADA Standards.
(10) "Structure" means that which is built or constructed; an edifice or building of any kind; temporary or permanent.
Added by Acts 1977, No. 625, §1. Acts 1984, No. 240, §1, eff. June 30, 1984; Acts 1988, No. 551, §2, eff. Jan. 1, 1989; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1733. ADA Standards

RS 40:1733 - ADA Standards
A. The Americans with Disabilities Act Standards for Accessible Design in effect on March 15, 2011, as adopted by the United States Department of Justice pursuant to the ADA are hereby adopted as of October 1, 2011, and requirements therein, shall be complied with.
B. The Americans with Disabilities Act Accessibility Guidelines in effect on September 1, 1994, shall remain in effect through September 30, 2011.
C. The state fire marshal shall have the power and authority to promulgate those rules and regulations as may be necessary to incorporate or adopt any subsequent amendments or additions to or editions of the ADA Standards, as it is subsequently amended or issued as a new edition adopted by the United States Department of Justice.
Added by Acts 1977, No. 625, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1735. Public buildings or facilities or private buildings or facilities to display signs

RS 40:1735 - Public buildings or facilities or private buildings or facilities to display signs
All public and governmental facilities constructed or remodeled in accordance with ADA Standards shall display signs indicating entrances, facilities, directions, accommodations for persons with disabilities, and other signs as required by and also in accordance with such standards.
Amended by Acts 1977, No. 625, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1736. Obstruction of common or emergency exits prohibited; standards of accessibility; penalty

RS 40:1736 - Obstruction of common or emergency exits prohibited; standards of accessibility; penalty
A. Any common or emergency exit on the first floor or ground level of any new or altered public building or facility or private building or facility shall remain free of any obstruction which would prevent a person with a disability from using same. Common and emergency entrances and exits shall conform to the ADA Standards.
B. Iron posts not used for structural support or similar barricades at common or emergency entrances and exits of public facilities or facilities used by the public that are existing, under construction, or under contract for construction which would prevent a person with a disability from using such entrances or exits shall be removed.
Added by Acts 1977, No. 625, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1737. Violations; enforcement by fire marshal

RS 40:1737 - Violations; enforcement by fire marshal
A. In cases of practical difficulty or unnecessary hardship, the state fire marshal may, after consultation with Louisiana Rehabilitation Services, grant exceptions from the literal requirements of the standards and specifications required by this Part or permit the use of other methods or materials. Unless a written exception is granted by the fire marshal, any unauthorized deviation from ADA Standards shall be rectified by full compliance within ninety days after discovery of the deviation and delivery of a copy of the order requiring remedying of the deviation to the occupant or any person in charge of the premises personally or by registered or certified mail. If no person is found on the premises, the order may be served by affixing a copy thereof in a conspicuous place on the door at the entrance of the premises.
B. The fire marshal may grant an extension not to exceed sixty days in cases of practical difficulty or unnecessary hardship prior to imposing fines pursuant to R.S. 40:1740.
Added by Acts 1977, No. 625, §1; Acts 1985, No. 804, §1, eff. July 22, 1985; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2012, No. 38, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1738. Review of plans and specifications before construction begins

RS 40:1738 - Review of plans and specifications before construction begins
A. No building permits shall be issued, no state contracts shall be awarded, nor shall any change in new building plans which affect compliance with ADA Standards be approved concerning any public buildings or facilities or private buildings or facilities until the fire marshal has reviewed and stated that the plans and specifications regarding accessibility appear to him to comply with the ADA Standards.
B. In each case the application for review shall be accompanied by the plans and full, complete, and accurate specifications which shall comply in every respect with any and all requirements prescribed by the ADA Standards.
C. The application shall be accompanied by a filing fee in accordance with R.S. 40:1574.1(A).
D. The fire marshal shall consult with Louisiana Rehabilitation Services in identifying the requirements necessary to comply with this Part.
Added by Acts 1977, No. 625, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2012, No. 38, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1740. Enforcement of Part

RS 40:1740 - Enforcement of Part
A. For purposes of enforcing this Part, in any instance in which the ADA Standards are not complied with the local building code authorities and the health authorities shall have authority to enforce these standards. Written approval by the fire marshal shall be presumptive evidence of compliance with ADA Standards but shall not be considered conclusive and local building code authorities and health authorities shall have the power to review all construction within their jurisdiction to the end that the intent of this legislation shall be enforced.
B. Local building code authorities, health authorities, or any individual may seek an injunction to halt construction or require compliance with ADA Standards of any public building or facility or private building or facility which has been constructed or is being constructed in violation of this Part. All actions shall be brought in the district court of the parish in which the public building or facility or private building or facility, or portion thereof, that is not in compliance, is situated.
Added by Acts 1977, No. 625, §1. Acts 1984, No. 614, §1, eff. July 12, 1984; Acts 1988, No. 423, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1741. Educational program by Louisiana Rehabilitation Services and fire marshal

RS 40:1741 - Educational program by Louisiana Rehabilitation Services and fire marshal
Subject to appropriation for such purpose, Louisiana Rehabilitation Services and the state fire marshal may provide for educating the public and working with officials of cities, local building code inspectors, parishes, municipalities and other political subdivisions, private architects, designers, planners, and other interested parties in order to encourage and help them make all buildings, facilities, and improved areas accessible to and usable by persons with disabilities for purposes of rehabilitation, employment, business, recreation, and all other aspects of normal living. They shall work with architectural schools of the state and the State Board of Architectural Examiners to develop for inclusion in the architecture curriculum a course on barrier free design and to develop for inclusion in the architectural licensing test a section on barrier free design.
Added by Acts 1977, No. 625, §1. Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2012, No. 38, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1742.1. Additional fine for enforcement of accessible parking regulations

RS 40:1742.1 - Additional fine for enforcement of accessible parking regulations
In addition to all fines, fees, costs, and punishment authorized for violation of accessible parking regulations, any parish or municipality which institutes a formal accessible parking enforcement program to assist the law enforcement agency in enforcing such regulations may, by ordinance, provide for and enforce an additional twenty-five dollar fine for each violation of such regulations. The proceeds of such additional fine shall be used by such parish or municipal governing authority exclusively to fund such program.
Acts 1999, No. 1307, §2, eff. July 12, 1999; Acts 2011, No. 398, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1743. Penalties

RS 40:1743 - Penalties
Any person who violates, or fails to comply with, the provisions of this Part except those violations under R.S. 40:1742(B) shall be subject to penalties described in R.S. 40:1621.
Added by Acts 1977, No. 625, §1. Acts 1995, No. 880, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1748. Access to government services

RS 40:1748 - Access to government services
A. Each state agency and political subdivision having jurisdiction over buildings where government services are provided to the public shall provide for equal access to such services by persons with physical disabilities. A consumer of such government services who has a visible disability, and the person who is providing assistance to him in securing such services, shall be entitled to priority treatment when such services involve waiting periods.
B. The state agency or political subdivision shall provide for regulations to implement the requirements of R.S. 40:1748(A). Such regulations shall further provide for the reasonable enforcement of these provisions.
Acts 1989, No. 764, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749. Access to restrooms

RS 40:1749 - Access to restrooms
A. The provisions of this Section shall apply to those buildings or structures commonly referred to as shopping malls. As used in this Section, the term "shopping mall" means any building or structure which contains multiple units which are used or intended for use for the sale at retail of goods or services and which units are connected by common areas other than streets, sidewalks, or parking areas.
B. Each shopping mall for which construction begins on or after September 12, 1980, shall comply with the requirements hereinafter set forth.
If the shopping mall has an enclosed area of fifty thousand square feet or more, the shopping mall shall contain adequate restroom facilities located in the common areas of the mall for use by the general public. The facilities shall be clearly and conspicuously marked and designated for public use. Any directory located within the mall shall contain directions to the public facilities. Adequate signs directing the public to the location of the facilities shall be posted throughout the mall.
C. All shopping malls in existence on the effective date of this law, and those thereafter constructed, shall clearly and adequately designate and mark public restroom facilities.
Added by Acts 1980, No. 390, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.11. Short title; purpose

RS 40:1749.11 - Short title; purpose
A. This Part shall be known and may be cited as the "Louisiana Underground Utilities and Facilities Damage Prevention Law".
B. It is the public policy of this state to promote the protection of property, workmen, and citizens in the immediate vicinity of an underground facility or utility from damage, death, or injury and to promote the health and well-being of the community by preventing the interruption of essential services which may result from the destruction of, or damage to, underground facilities or utilities.
Acts 1988, No. 923, §1; Acts 1999, No. 506, §1, eff. June 29, 1999.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.15. Emergency excavation; notice required; penalty

RS 40:1749.15 - Emergency excavation; notice required; penalty
A. The notice required pursuant to R.S. 40:1749.13 shall not apply to any person conducting an emergency excavation. Oral or electronic notice of the emergency excavation shall be given as soon as practicable to the regional notification center or each operator having underground utilities and facilities located in the area and, if necessary, emergency assistance shall be requested from each operator in locating and providing immediate protection to its underground utilities and facilities.
B. The excavator shall certify in the notice required in Subsection A of this Section that the situation poses an imminent threat or danger to life, health, or property or is the result of an unplanned utility outage and requires immediate action and that the excavator, or owner, or operator has a crew on site.
C. There is a rebuttable presumption that the excavator failed to give notice as required pursuant to this Section if the excavator failed to give any notice to the regional notification center within the following time periods:
(1) Within two hours from the discovery of the need for an emergency excavation.
(2) In the case of a gubernatorially declared state of emergency due to a weather or homeland security-related event, within twelve hours of the beginning of the emergency excavation within the parishes to which the emergency declaration applies.
(3) In the case of a wildfire, within twenty-four hours after control of the emergency.
D. The owner or operator of the underground utilities, facilities, or submerged infrastructure shall respond to an emergency notice as soon as practicable under the circumstances.
E. Emergency excavation notices are valid for as long as the emergency situation exists. The type of work and location shall remain consistent with the work described in the emergency excavation notice. If the type of work and location become inconsistent with the emergency excavation notice, then a new excavation notice is required.
Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2011, No. 38, §1, eff. Oct. 1, 2011; Acts 2012, No. 103, §1; Acts 2022, No. 52, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.16. Precautions to avoid damage

RS 40:1749.16 - Precautions to avoid damage
In addition to the notification requirements in R.S. 40:1749.13 and 1749.14 and the emergency notification requirements in R.S. 40:1749.15, each person responsible for an excavation or demolition operation shall do the following:
(1) Plan the excavation or demolition to avoid damage to or minimize interference with underground facilities in and near the construction area.
(2) Maintain a safe clearance between the underground utilities or facilities and the cutting edge or point of any power or mechanized equipment, taking into account the known limit of control of the cutting edge or point to avoid damage to utilities or facilities.
(3) Provide support for underground facilities or utilities in and near the construction area, during excavation and back filling operations, as may be reasonably necessary to protect the utility or facility.
(4) Potholing to determine the actual location of such facilities or utilities if an excavation or demolition operation could result in damage to underground utilities or facilities handling electricity, gas, natural gas, oil, petroleum products, or other flammable, toxic, or corrosive fluids or gases. For forestry excavation operations that could result in damage to underground utilities or facilities handling electricity, gas, natural gas, oil, petroleum products, or other flammable, toxic, or corrosive fluids or gases, the forestry excavator and the utility or facility owner or operator shall cooperate to determine the actual location of such facilities or utilities.
Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2023, No. 344, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.17. Excavation or demolition; repair of damage

RS 40:1749.17 - Excavation or demolition; repair of damage
A. Each person responsible for any excavation or demolition operations which result in any damage to an underground facility or utility shall, immediately upon discovery of that damage, notify the owner or operator of the utility or facility of the location and nature of the damage and shall allow the owner or operator reasonable time to accomplish necessary repairs before continuing the excavation, demolition, or back filling in the immediate area of damage.
B. Each person responsible for an excavation or demolition operation or normal commercial farming operation which results in damage to an underground facility or utility permitting the escape of any flammable, toxic, or corrosive fluids/gases shall, immediately upon discovery of that damage:
(1) Notify the owner or operator of the utility or facility as provided in Subsection A, and all other appropriate emergency response personnel, including 911 and the local law enforcement and fire departments and allow the owner or operator reasonable time to accomplish necessary repairs before continuing the excavation, demolition, or back filling in the immediate area of damage.
(2) Take any other action as may be reasonably necessary to protect persons and property and to minimize hazards until arrival of the owner or operator's personnel and police or fire department.
(3) Comply with any other notification process required by law or regulation.
C. For the purposes of this Part, failure to comply with the provisions of Subsection B shall constitute a single violation, except as provided below by Subsection D.
D. After discovery of the damage, each day that an excavator or demolisher fails to comply with the provisions of Subsection B shall be considered a separate violation.
Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 160, §1; Acts 2021, No. 46, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.18. Certification of a regional notification center by Department of Public Safety and Corrections

RS 40:1749.18 - Certification of a regional notification center by Department of Public Safety and Corrections
A. The Department of Public Safety and Corrections shall promulgate rules and regulations in accordance with the Administrative Procedure Act to establish a certification program for regional notification centers in this state.
B. For the purposes of promoting cost effectiveness, ease of use, safety, and the protection of property, workmen, and citizens from damage, injury, and death, the rules and regulations shall include but not be limited to requirements that any regional notification center, that is either certified or that applies for certification pursuant to the provisions of this Chapter, shall have and maintain the following:
(1) Ability to accept and timely process and locate requests as required by law, including providing of ticket numbers, copies of tickets, notifications, and other procedures and information.
(2) Ability to accept and timely process short notice, priority, and emergency locate requests.
(3) Voice recording of all incoming calls and retention of voice tapes for at least three years.
(4)(a) Specifically defined geopolitical services areas that are coterminous with parish boundaries and do not overlap any other defined service area.
(b) The provisions of this Paragraph shall apply only to those regional notification centers described in R.S. 40:1749.12(13)(a).
(5) Any other requirements that may be necessary for a regional notification center to properly perform the duties and functions required under this Part.
C. The department shall include in the rules and regulations procedures for certification by the department and may charge a fee for the certification process, not to exceed two thousand five hundred dollars. The rules and regulations required by this Section shall be promulgated by the department within six months after June 29, 1999.
D. An entity operating in this state as an authorized regional notification center prior to and upon June 29, 1999, shall have six months from the date of final adoption of the rules and regulations required by this Section to seek and obtain compliance certification from the Department of Public Safety and Corrections. Failure to obtain such certification shall result in the cessation of activities by the regional notification center.
E. An entity not operating in this state as an authorized regional notification center prior to and upon June 29, 1999, shall obtain compliance certification from the Department of Public Safety and Corrections prior to performing the operations of a regional notification center in or for this state.
Acts 1988, No. 923, §1; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2016, No. 85, §1, eff. May 11, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.19. Voluntary participation by incorporated municipalities and parish governments

RS 40:1749.19 - Voluntary participation by incorporated municipalities and parish governments
A. Each incorporated municipality or parish government which owns or operates, in its own right or through a special district or districts created pursuant to constitutional or statutory authority, a drainage system, a sewer system, drainage, water or water system, traffic control system, an electrical energy system and/or a gas or natural gas system underground facility within its local jurisdiction which would otherwise be included in R.S. 40:1749.14, and which does not desire to be so included, shall adopt an ordinance indicating this desire by December 31, 1998. The ordinance shall be filed with the secretary of state for verification purposes. An incorporated municipality or parish government which fails to adopt the ordinance shall be subject to the provisions of this Part on and after December 31, 1998.
B. Each municipality or parish government which owns or operates in its own right, or through a special district or districts created pursuant to law, a drainage system, a sewer system, water or water system, telephone or telegraph, fiber optic, electronics equipment system, traffic control system, an electrical energy system, natural gas system, and/or a gas system underground facility within its local jurisdiction which would otherwise be included in R.S. 40:1749.17, and which is incorporated or created subsequent to July 1, 1997, and which does not desire to be so included, shall comply with the provisions of Subsection A of this Section within one year of the date of its first municipal elections or within one year of the date of creation of a special district.
Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.21. Miscellaneous provisions

RS 40:1749.21 - Miscellaneous provisions
A. Except as otherwise specifically provided herein, the provisions of this Part shall not affect any civil remedies for personal injury or property damage, including damage to underground facilities or utilities.
B. Nothing in this Part shall affect any permitting process granted to a parish, municipal, local, or state governing authority. If a permit is issued in conjunction with excavation or demolition subject to the provisions of this Part, upon issuing the permit, the governing authority is encouraged to distribute to the permittee information regarding compliance with the provisions of this Part. The regional notification centers shall provide the information to the governing authority for distribution. The failure of the governing authority to distribute the information shall not for that reason alone create any liability on the part of the governing authority or permittee nor otherwise reduce or limit the duties and responsibilities of excavators or demolishers under this Part.
C. Any owner or operator of a natural gas pipeline that is inactive, has a diameter of a minimum of fifteen inches and a maximum of seventeen inches, and is located in a parish with a population between forty-five thousand and seventy-five thousand shall maintain the minimum amount of ground cover as provided by 49 CFR Part 192. If the minimum amount of ground cover has not been maintained then the owner or operator of the natural gas pipeline shall, at his own expense, restore the minimum amount of cover over the pipeline prior to the pipeline being reactivated.
D. The provisions of Subsection C of this Section shall become null and void on June 30, 2023.
Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 2021, No. 46, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.22. Preemption

RS 40:1749.22 - Preemption
Except as provided in this Part, no parish, municipal, local, or state governing authority may enact any ordinance or promulgate any rules or regulations which are in conflict with the provisions of this Part.
Acts 1988, No. 923, §1; Acts 2019, No. 344, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.24. Collection and distribution of fines or civil penalties; Underground Damages Prevention Fund

RS 40:1749.24 - Collection and distribution of fines or civil penalties; Underground Damages Prevention Fund
A. All civil penalties collected under the provisions of R.S. 40:1749.20(A) and (B) shall be paid to the state treasury for credit to the Underground Damages Prevention Fund created by this Section and shall be disbursed from the fund as follows:
(1) Fifty percent shall be retained by the Underground Damages Prevention Fund.
(2) Within one year of the civil penalty being deposited into the Underground Damages Prevention Fund, the agency responsible for administering R.S. 40:1749.23 shall disburse the remaining fifty percent of the civil penalties to the law enforcement agency that issued the citation.
B. All funds received by the Department of Public Safety and Corrections under the provisions of this Part shall be retained in the Underground Damages Prevention Fund.
C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required by Subsection B of this Section shall be credited to a special fund hereby created in the state treasury to be known as Underground Damages Prevention Fund. After disbursements as authorized in this Section, the monies in this fund shall be used solely as provided by Subsection D of this Section and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in this fund at the end of the fiscal year shall remain in such fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund and interest earned on the investment of these monies shall be credited to this fund, following compliance with the requirement of Article VII, Section 9(B) relative to the Bond Security and Redemption Fund.
D. The monies in the Underground Damages Prevention Fund shall be used by the Department of Public Safety and Corrections or its designee solely for administration of the provisions of this Part, including payment to the division of administrative law for adjudication services. Expenditures may also be made for information and programs designed to enhance awareness of the duties and responsibilities of persons governed by the provisions of this Part and the duties and responsibilities of persons who enforce and administer the provisions of this Part.
Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 160, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.25. Department of Transportation and Development; compliance

RS 40:1749.25 - Department of Transportation and Development; compliance
Department of Transportation and Development right-of-way permit procedures, as promulgated in accordance with the Administrative Procedure Act and set forth in Title 70 of the Louisiana Administrative Code, constitute compliance with the provisions of this Part only insofar as this Part imposes upon the Department of Transportation and Development the duties of a regional notification center or operator.
Acts 1997, No. 1050, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1749.26. Public work projects

RS 40:1749.26 - Public work projects
In addition to any other applicable provision of this Part, R.S. 38:2223 shall apply to any public work project.
Acts 2001, No. 1005, §2, eff. June 27, 2001.