reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1664.10. Powers and duties of state fire marshal

RS 40:1664.10 - Powers and duties of state fire marshal
The state fire marshal shall:
(1) Formulate and administer such rules as may be determined essentially necessary for the protection and preservation of life and property and for the enforcement of this Subpart.
(2) Evaluate the qualifications of firms or persons applying for or maintaining a license pursuant to this Subpart.
(3) Have authority to conduct examinations to ascertain the qualifications and fitness of applicants for a license pursuant to this Subpart.
(4) Issue full or provisional licenses to firms and persons that meet the qualifications established by this Subpart.
(5) Evaluate the qualifications of firms seeking approval as testing laboratories.
(6) Have authority, after notice and opportunity for hearing, to increase or decrease the limits of insurance coverage and authorize acceptance of surplus lines coverage if the state fire marshal determines that due to loss experience, market conditions, or other good reason, the liability insurance coverage required by this Subpart is unavailable to applicants for or holders of licenses.
(7) Have authority to conduct inspections of licensed firms, whether in state or out of state, for the purpose of observation and collection of facts and data relating to proper enforcement of this Subpart.
(8) Investigate all written complaints lodged against firms or individuals who are alleged to have violated this Subpart and pursue administrative action against the firms or individuals.
(9) Upon notification by a fire chief or his designee, order a special investigation of any conveyance device accident resulting in any human injury or death within this state.
Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No. 598, §1, eff. Jan. 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1664.12. Prohibited acts

RS 40:1664.12 - Prohibited acts
A person or firm shall not do any of the following:
(1) Engage in life safety and property protection contracting without a valid license.
(2) Aid and abet an unlicensed individual, employee, or firm in life safety and property protection contracting.
(3) Certify, dismantle, inspect, install, integrate, program, sell, or service life safety and property protection systems contrary to plans submitted for review, applicable NFPA, ASME, ANSI, or ASCE codes, standards, or manufacturer specifications without specific written authorization from the office of the state fire marshal.
(4) Submit an application or any other document to the office of the state fire marshal when the person reasonably should have known that the document contained false or misleading information.
(5) Engage in false, misleading, or deceptive acts or practices.
(6) Fail to maintain a valid license as required by this Subpart.
(7) Fail to maintain a valid insurance policy as required by this Subpart.
(8) Refuse to admit the state fire marshal or his designated representative to an operating location or refuse to cooperate in the purposes of such admittance as required by this Subpart.
(9) Fail to maintain his license on his person and to present it for inspection as required by this Subpart.
(10) Fail to return the lockout, installer, or programming code of a life safety or property protection system to the factory default setting.
(11) Refuse to cooperate with any lawful investigation by the office of the state fire marshal.
(12) Fail to abide by the administrative rules promulgated pursuant to this Subpart.
Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No. 598, §1, eff. Jan. 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1664.13. Notice, hearing, and revocation of certificate or license

RS 40:1664.13 - Notice, hearing, and revocation of certificate or license
The license as provided for in this Subpart may be revoked or suspended after notice and hearing in accordance with the Administrative Procedure Act and upon a finding that a person or firm:
(1) Willfully violated any provision of this Subpart or any rule, regulation, or order adopted hereunder.
(2) Used deceit or false or misleading information in obtaining any certificate or license pursuant to this Subpart.
(3) Has been professionally incompetent or grossly negligent.
(4) Has assisted any person attempting to evade the provisions of this Subpart, or any rules or regulations adopted hereunder.
Acts 2006, No. 307, §2, eff. Jan. 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1664.14. Penalties

RS 40:1664.14 - Penalties
A.(1) In addition to or in lieu of administrative sanctions provided in this Subpart, the state fire marshal is empowered to issue an order to any person or firm engaged in any activity, conduct, or practice constituting a violation of any provision of this Subpart, directing such person or firm to cease and desist from such activity, conduct, or practice. Such order shall be issued in the name of the state of Louisiana under the official seal of the state fire marshal.
(2) If the person or firm to whom the state fire marshal directs a cease and desist order does not cease and desist the prohibited activity, conduct, or practice immediately after service of such cease and desist order by certified mail or personal service, the state fire marshal may seek, in any court of competent jurisdiction and proper venue, a writ of injunction enjoining such person or firm from engaging in any activity, conduct, or practice prohibited by this Subpart.
(3) Upon a proper showing by the state fire marshal that such person or firm has engaged in any activity, conduct, or practice prohibited by this Subpart, the court shall issue a temporary restraining order restraining the person or firm from engaging in unlawful activity, conduct, or practices pending the hearing on a preliminary injunction, and in due course a permanent injunction shall be issued after a hearing, commanding the cessation of the unlawful activity, conduct, or practices.
(4) A temporary restraining order, preliminary injunction, or permanent injunction issued under this Subpart shall not be subject to being released upon bond.
(5) In the suit for an injunction, the state fire marshal may demand of the defendant a penalty of fifty dollars per day for each violation, reasonable attorney fees, and court costs. Judgment for penalty, attorney fees, and court costs may be rendered in the same judgment in which the injunction is made absolute.
B. If the state fire marshal finds that any person or firm has violated any provision of this Subpart or any regulation, rule, or order issued hereunder, he may impose upon that person or firm a fine in an amount not to exceed five thousand dollars for each violation.
C. Procedures for the imposition of fines and appeals of such fines shall be governed by the Administrative Procedure Act.
Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1664.15. Purchased life safety and property protection system

RS 40:1664.15 - Purchased life safety and property protection system
A. Each firm engaged in life safety and property protection contracting who sells a life safety or property protection system to a consumer shall return the lockout, installer, or programming code of the system to the factory default setting within five business days following notification when the consumer cancels the contract with the firm provided all original contractual obligations are fulfilled.
B. In addition to the penalties provided in this Subpart, any life safety and property protection contracting firm who violates this Section shall have its license revoked and be subject to a civil fine pursuant to this Subpart.
Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1664.16. Effect on local regulation, effective date

RS 40:1664.16 - Effect on local regulation, effective date
A. Except for requirements which pertain to all types of businesses generally, no parish or municipality shall enact any new ordinance, rule, or regulation regulating firms and persons subject to licensure pursuant to this Subpart.
B. This Subpart shall supersede any existing parish or municipal ordinance, rule, or regulation requiring certification or licensure of firms and persons engaged in life safety and property protection contracting and such ordinances, rules, and regulations shall be null and void and have no effect.
C. This Subpart shall not prevent local governing authorities of any municipality or parish from enacting ordinances governing false alarm activations and responses. However, security firms and its employees and security monitoring firms and its employees shall not be subjected to or liable for civil penalties and fines assessed or imposed by a municipality or parish for false alarms.
Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2018, No. 598, §1, eff. May 31, 2018.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1664.17. Local governing authorities; exemption

RS 40:1664.17 - Local governing authorities; exemption
A municipality or parish that has adopted and is enforcing a nationally recognized standard or code for conveyance devices may continue to enforce such standard or code, and in such instances, no additional inspections shall be required under the provisions of this Subpart; however, such standard or code shall contain requirements that are substantially equal to the fire marshal's code with respect to conveyance devices.
Acts 2018, No. 598, §1, eff. January 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1665.1. Financial security for surviving spouses and children of firemen and law enforcement officers; death by heart attack or stroke; presumption

RS 40:1665.1 - Financial security for surviving spouses and children of firemen and law enforcement officers; death by heart attack or stroke; presumption
A. In addition to the qualifying events enumerated in R.S. 40:1665 and 1665.2, a fireman or law enforcement officer, as defined in R.S. 40:1665.2(B) whose death is the direct and proximate result of a heart attack or a stroke shall be presumed to have died as the direct and proximate result of an injury sustained in the performance of his official duties for the purposes of R.S. 40:1665 and 1665.2 if:
(1) While on duty, the fireman or law enforcement officer engaged in an activity which was stressful or physical including but not limited to fire suppression, rescue, hazardous material response, foot pursuits, use of force encounters, hostage and victim rescues, tactical missions, emergency medical services, disaster relief, or other emergency response activity, or participated in a training exercise that involved stressful or strenuous physical activity.
(2) The fireman or law enforcement officer died as a result of a heart attack or stroke suffered while engaging or participating, or on duty after engaging or participating, in the activities or exercises described in Paragraph (1) of this Subsection or no later than twenty-four hours after engaging or participating in the activities or exercises described in Paragraph (1) of this Subsection.
B. The presumption created by this Section shall be irrebuttable despite medical evidence to the contrary.
C. The surviving spouse and children of a fireman or law enforcement officer whose death meets the requirements under Subsection A of this Section shall be eligible for the payment of benefits enumerated in R.S. 40:1665 for firemen or R.S. 40:1665.2 for law enforcement officers.
D. Payment of benefits pursuant to this Section shall be made according to the provisions of R.S. 40:1665 and 1665.2 and shall be subject to review by the Law Enforcement Officers and Firemen's Survivor Benefit Review Board.
E. Payments pursuant to this Section shall be made by the state risk manager from the Self-Insurance Fund provided for in R.S. 39:1533.
Acts 2014, No. 246, §1; Redesignated from R.S. 33:1981.1. See Acts 2014, No. 158, §§3 and 7; Acts 2021, No. 171, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1665.4. Duty firearm of deceased law enforcement officer

RS 40:1665.4 - Duty firearm of deceased law enforcement officer
A. An immediate family member listed in Subsection B of this Section of a law enforcement officer as defined by R.S. 40:1665.2(B)(1), (2), (3), and (18) who suffers death has the right of first refusal to purchase his duty firearm at fair market value, subject to the approval of the head of the law enforcement agency, unless the family member is prohibited from possessing a firearm under the provisions of R.S. 14:95.1 or any other state or federal law.
B. Unless the deceased officer has designated a specific immediate family member as the beneficiary to purchase his firearm upon his death, the following immediate family members have the right of first refusal to purchase the firearm in the following order of precedence:
(1) The surviving spouse of the deceased officer.
(2) A child of the deceased officer. If more than one child seeks to purchase the firearm, the oldest child who seeks to purchase the firearm precedes all other children who seek to purchase the firearm in the right of first refusal.
(3) A parent of the deceased officer.
(4) A sibling of the deceased officer. If more than one sibling seeks to purchase the firearm, the oldest sibling who seeks to purchase the firearm precedes all other siblings who seek to purchase the firearm in the right of first refusal.
C. If the firearm is part of an ongoing investigation or is being used or is needed as evidence, the provisions of this Subsection do not apply until the firearm is no longer part of the investigation or is no longer needed or being used as evidence. In such case, the immediate family member with the right of first refusal to purchase the firearm may request the release of the firearm pursuant to R.S. 15:41.
Acts 2017, No. 332, §2; Acts 2019, No. 162, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1666. Purpose of law

RS 40:1666 - Purpose of law
This law is enacted by the legislature in the exercise of the police power of the state, to promote the public welfare and safety, by providing better protection from fire and other conflagrations.
Acts 1963, No. 82, §1; Redesignated from R.S. 33:2001. See Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1666.2. Special fund

RS 40:1666.2 - Special fund
For the payment of the supplemental salaries and expenses of administration provided by this Part, there is hereby created a special fund in the treasury of the state of Louisiana, to which the appropriations hereinafter made shall be credited, and the funds so credited shall be and remain dedicated to the payment of such supplemental salaries and expenses of administration, as provided in R.S. 40:1666.1 and R.S. 40:1666.6.
Acts 1963, No. 82, §3. Amended by Acts 1967, No. 82, §1; Acts 1973, No. 187, §1; Acts 1974, No. 296, §1; Acts 2014, No. 158, §3, eff. May 22, 2014; Redesignated from R.S. 33:2003. See Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1666.3. Warrants

RS 40:1666.3 - Warrants
A. The funds credited and dedicated as provided in this Part shall be disbursed upon warrants approved and certified by the mayors or parish officials and the fire chiefs of the respective municipalities or parishes coming under the provisions of this Part, which warrants shall have attached to them a detailed list of the names of the employees for whose benefit any particular warrant is drawn, together with the completed years of service of such employees and such other information as the Department of Public Safety and Corrections may require.
B. The mayors or parish officials of the respective municipalities or parishes shall forward the approved and certified warrants to the Department of Public Safety and Corrections and, after obtaining approval of the board as provided in R.S. 40:1666.8, on the basis of such warrants, the Department of Public Safety and Corrections shall issue payments representing the amount to be paid out of state funds to each employee in accordance with the provisions of this Subsection. The secretary shall issue payments to the individual employees in whose favor they are drawn by such means as he shall determine.
C. The mayor, fire chief, or other municipal or parish officer of the municipalities or parishes employing persons entitled to additional compensation from the state under the provisions of this Part, who is charged with the responsibility of preparing the pay rolls for such employees, shall include the additional compensation paid by the state to such employees in the calculation and deduction from the pay of such employees of the sums required by state or federal law to be withheld by an employer, such as federal income tax and social security tax or contributions to local retirement systems. Any officials charged with withholding sums from the pay of the municipal or parish paid fire department employees shall be further charged with the responsibility of transmitting the sums withheld in accordance with the law or laws requiring the withholding.
D. The additional compensation paid by the state to municipal or parish fire department employees as provided by this Part shall be included in the calculation and computation of the total wages paid to the employee in the determination of employer contributions to any retirement system or pension fund of which such employee may be a member as well as in the determination of retirement eligibility and benefits which may accrue to the employee under any retirement system or pension fund, as well as in the determination of any other employee benefits, sick leave, or disability pay to which the employee might be entitled.
Acts 1963, No. 82, §4A. Amended by Acts 1964, No. 349, §1; Acts 1967, No. 82, §1; Acts 1978, No. 496, §1; Redesignated from R.S. 33:2004. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 298, §1, eff. July 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1666.4. Salary reductions; void

RS 40:1666.4 - Salary reductions; void
Any reduction of the salary of any employee covered by this Part, which is in effect on July 1, 1979, whether by the governing authority or by any pay plan under the provisions of any civil service law, or otherwise, shall be void where it is made solely by reason of the additional compensation by the state, provided for in this Part. Any appropriation made by the legislature which results in a salary adjustment to the state supplemental pay program under this Part shall not have the effect of reducing or replacing any base salary or benefits paid by the local governing authority from other revenue sources.
Acts 1963, No. 82, §5. Amended by Acts 1979, No. 131, §1; Redesignated from R.S. 33:2005. See Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1666.6. Compensation; expenses

RS 40:1666.6 - Compensation; expenses
The members of the board shall receive per diem in the amount of fifty dollars per day and shall be reimbursed for actual mileage in attending to official business. The per diem and the reimbursement of mileage expenses shall be made by the Department of Public Safety and Corrections and shall be payable out of the special fund provided in R.S. 40:1666.2, provided, however, that no such expense shall be payable unless a residual remains in the special fund after payment of all amounts due as extra compensation under the provisions of R.S. 40:1666.1.
Acts 1967, No. 82, §3. Amended by Acts 1972, No. 21, §1; Acts 1973, No. 159, §1; Acts 1974, No. 318, §1; Acts 1975, No. 768, §1; Acts 1985, No. 990, §1; Redesignated from R.S. 33:2007. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 298, §1, eff. July 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1666.7. Meetings

RS 40:1666.7 - Meetings
The board shall hold its first meeting within thirty days after its first members are appointed and shall hold a regular meeting once every three months thereafter. Written notice of all meetings shall be given to each member of the board by the chairman of the board at least ten days before each meeting.
Acts 1967, No. 82, §4. Redesignated from R.S. 33:2008. See Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1666.8. Determination of eligibility

RS 40:1666.8 - Determination of eligibility
Whenever any question arises as to the eligibility of any person to receive additional pay out of state funds as provided by this Part, the question thereof, together with all of the facts relating thereto, shall be submitted to the board herein created for determination, and the decision of the board with regard to eligibility shall be final.
Acts 1967, No. 82, §5. Redesignated from R.S. 33:2009. See Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1666.9. Authorization of back supplemental pay; payment procedure

RS 40:1666.9 - Authorization of back supplemental pay; payment procedure
If it is determined by the board that supplemental pay, as provided for by this Part, is due an eligible recipient for back periods of time the board shall certify such due payment to the Joint Legislative Committee on the Budget. Upon receipt of such certification, the Joint Legislative Committee on the Budget may, in its discretion, approve payment of all or a portion of the due supplemental pay from the special fund created in R.S. 40:1666.2.
Added by Acts 1982, No. 110, §1, eff. July 11, 1982. Redesignated from R.S. 33:2010. See Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1667. Purpose

RS 40:1667 - Purpose
This law is enacted by the legislature in the exercise of the police power of the state, to promote the public peace and safety, by providing better enforcement of law, and particularly the enforcement of state laws by municipal police officers and full-time commissioned deputy sheriffs.
Acts 1956, No. 323, §1. Amended by Acts 1971, No. 120, §1; Redesignated from R.S. 33:2218. See Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1667.2. Special fund

RS 40:1667.2 - Special fund
A. For the payment of the supplemental salaries provided by R.S. 40:1667.1, there is hereby created a special fund in the treasury of the state of Louisiana, to which the appropriations hereinafter made shall be credited, and the funds so credited shall be and remain dedicated to the payment of such supplemental salaries, as provided in R.S. 40:1667.1.
B. For the payment of the supplemental salaries provided by R.S. 40:1667.7, there is hereby created an additional special fund in the treasury of the state of Louisiana, to which the annual appropriations hereafter made shall be credited, and the funds so credited shall be and remain dedicated to the payment of such supplemental salaries as provided in R.S. 40:1667.7.
Acts 1956, No. 323, §3. Amended by Acts 1971, No. 120, §2. Redesignated from R.S. 33:2218.3. See Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1667.4. Salary reductions; void; police

RS 40:1667.4 - Salary reductions; void; police
Any reduction of the salary of any individual, which salary is in effect on July 1, 1979, whether by the governing authority or by any pay plan under the provisions of any civil service law, or otherwise, shall be void where it is made solely by reason of the additional compensation by the state in this Part. Any appropriation made by the legislature which results in a salary adjustment to the state supplemental pay program under this Part shall not have the effect of reducing or replacing any base salary or benefits paid by the local governing authority from other sources.
Acts 1956, No. 323, §5. Amended by Acts 1959, No. 49, §2; Acts 1966, No. 484, §1; Acts 1979, No. 131, §1. Redesignated from R.S. 33:2218.5. See Acts 2014, No. 158, §§3 and 7; Acts 2022, No. 637, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1667.5. Parishes having no incorporated municipalities; extra compensation for deputy sheriffs

RS 40:1667.5 - Parishes having no incorporated municipalities; extra compensation for deputy sheriffs
A. In order to promote the public peace and safety in parishes of the state having no incorporated municipalities, by providing better enforcement of law and particularly the enforcement of state laws by deputy sheriffs in such parishes, every deputy sheriff employed on a full time basis for law enforcement work by the sheriff of each of the parishes of Cameron, Plaquemine, St. Bernard, St. Charles and St. John the Baptist shall be paid by the state extra compensation in addition to the compensation paid him out of the sheriff's salary fund.
B. Out of the funds appropriated by the legislature for the payment of the extra compensation provided by Subsection A of this Section there shall be distributed to each of the parishes named therein, the sum of one dollar for each inhabitant within the parish as shown by the most recent federal census. The sums to be so distributed shall be disbursed upon warrants drawn by the sheriffs of the respective parishes and shall be paid into the sheriff's salary fund of the respective parishes. The sheriff of each parish shall expend such sums so paid into his sheriff's salary fund of the respective parishes. The sheriff of each parish shall expend such sums so paid into his sheriff's salary fund to deputy sheriffs employed by him on a full-time basis for law enforcement work, the amount to be paid to each deputy to be within the discretion of the sheriff and to be based upon the length of service of the deputy insofar as is practicable.
Acts 1959, No. 49, §4. Amended by Acts 1962, No. 253, §2; Acts 1977, No. 695, §1. Redesignated from R.S. 33:2218.6. See Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1667.6. Board of review; powers and duties

RS 40:1667.6 - Board of review; powers and duties
A. There is hereby created a board of review which shall be composed of nine members as follows:
(1) The commissioner of administration or a representative of the division of administration selected by him.
(2) A member of the Louisiana Association of Chiefs of Police selected by the director of the association.
(3) The deputy secretary for public safety services of the Department of Public Safety and Corrections or a representative from the department selected by the deputy secretary.
(4) A member of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice selected by the chairman of the commission.
(5) A representative of the Council on Peace Officer Standards and Training selected by the chairman of the council. The member who serves pursuant to this Paragraph shall be a nonvoting member.
(6) A member of the Louisiana Municipal Association selected by the director of the association.
(7) The state examiner of municipal fire and police civil service or a representative of the office of state examiner of municipal fire and police civil service selected by the state examiner. The member who serves pursuant to this Paragraph shall be a nonvoting member.
(8) A member of the Louisiana City Marshals and City Constables Association selected by the president of the association.
(9) A member of the Justices of the Peace and Constables Association selected by the president of the association. The member who serves pursuant to this Paragraph shall be a nonvoting member.
B. Whenever any question arises as to the eligibility of any person to receive additional pay out of state funds as provided by this Part, the question thereof, together with all of the facts relating thereto, shall be submitted to the board of review herein created for determination, and the decision of the board with regard to eligibility shall be final.
Added by Acts 1962, No. 253, §3. Amended by Acts 1968, No. 98, §1. Redesignated from R.S. 33:2218.7. See Acts 2014, No. 158, §§3 and 7; Acts 2022, No. 637, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1667.8. Authorization of back supplemental salary payment

RS 40:1667.8 - Authorization of back supplemental salary payment
If it is determined by the board of review, as established in this Subpart, that supplemental salaries, as provided for in R.S. 40:1667.1 and R.S. 40:1667.7, are due eligible recipients for back periods of time, the board shall certify to the Joint Legislative Committee on the Budget that such payment is due. Upon receipt of such certification, the Joint Legislative Committee on the Budget may, in its discretion, approve payment of all or a portion of such supplemental salary from the appropriate special fund created in this Part; however, no payment shall be made to any one recipient in excess of ten thousand dollars at any one time.
Added by Acts 1982, No. 110, §2, eff. July 11, 1982. Redesignated from R.S. 33:2218.9. See Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1667.9. Extra compensation for commissioned full-time harbor police, fireboat personnel, and bridge police

RS 40:1667.9 - Extra compensation for commissioned full-time harbor police, fireboat personnel, and bridge police
In addition to the compensation now paid to any harbor police officer, fireboat operator, and bridge police officer, every harbor police officer, fireboat employee, and bridge police officer who is a full-time employee and who is paid a salary of not less than eight hundred dollars per month and who has completed and passed a post-certified training program as provided in R.S. 40:2405 and who has completed or who hereafter completes one year of service shall be paid by the state extra compensation in the amount of six hundred dollars per month. The provisions of this Section shall only apply to employees of a political subdivision of the state.
Acts 2007, No. 281, §1, eff. July 1, 2007; Acts 2008, No. 664, §1, eff. July 1, 2009. Redesignated from R.S. 33:2218.10. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 320, §2, eff. July 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1667.10. Extra compensation for commissioned full-time levee district police authorized

RS 40:1667.10 - Extra compensation for commissioned full-time levee district police authorized
In addition to the compensation now paid to any levee district police officer, every levee district police officer who is a full-time employee, is paid a salary of not less than eight hundred dollars per month, has completed and passed a P.O.S.T.-certified training program as provided in R.S. 40:2405, and has completed or hereafter completes one year of service, may be paid extra compensation by the levee district by which they are employed with district funds in an amount up to but not greater than the amount authorized for harbor police officers, fireboat operators, and bridge police officers by law.
Acts 2018, No. 490, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1667.11. Furlough

RS 40:1667.11 - Furlough
Furlough of an individual due to a state of emergency declared by a federal, state, parish, or municipal official shall not affect the individual's eligibility to receive additional pay out of state funds as provided in this Part.
Acts 2022, No. 637, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1672. Scaffolds, supports, or other mechanical contrivances

RS 40:1672 - Scaffolds, supports, or other mechanical contrivances
All scaffolds, hoist cranes, stays, ladders, supports, or other mechanical contrivances erected by any person for use in the erection, repairing, alteration, removing, or painting of any building, bridge, viaduct, or other structure shall be constructed, placed, and operated so as to give proper and adequate protection to any person employed or engaged thereon or passing under or by it, and in such a manner as to prevent the falling of any material that may be used or deposited thereon.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1673. Safety rails for scaffolding or staging

RS 40:1673 - Safety rails for scaffolding or staging
In the construction or in the repairing, alteration, or removal of any structures, any scaffolding or staging, swung or suspended from any overhead support and more than twenty feet from the ground or floor, shall have, where practicable, a safety rail properly bolted, secured, and braced and rising at least thirty-four inches above the floor or main portion of the scaffolding or staging and extending along the entire outside length and along the ends thereof. Also, such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1674. Construction of scaffolds, etc., to bear certain weight; overcrowding or overloading

RS 40:1674 - Construction of scaffolds, etc., to bear certain weight; overcrowding or overloading
All swinging or stationary platforms, scaffolding, or similar devices shall be so constructed as to bear four times the maximum weight required to be dependent thereon when in use. These platforms, scaffolds, or similar devices shall not be so loaded or crowded as to render them unsafe or dangerous.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1675. Inspection of scaffolding, etc.; notice of defects; reconstruction

RS 40:1675 - Inspection of scaffolding, etc.; notice of defects; reconstruction
Whenever it comes to the notice of the building inspector or other city officer whose duty it is to enforce this Part in the particular city that the scaffoldings, stays, hangers, blocks, pulleys, slings, braces, ladders, irons, or ropes of any swinging or stationary scaffolding, platform, or other similar device used in the construction, repairing, alteration, removing, cleaning, or painting of any structures therein are liable to prove dangerous to the safety of any person, he shall immediately cause an inspection to be made of the scaffolding, platform, or device, or of the parts thereof.
If the scaffolding, platform, or device, or any parts thereof are found to be dangerous to the safety of any person, the local authority shall immediately notify the person responsible for the maintenance thereof and warn him against its use, maintenance, or operation. He shall further require that the thing be altered and reconstructed so as to avoid any danger. This notice may be served personally upon the one responsible for the erection of the thing declared unsafe or by conspicuously affixing it to the scaffolding, platform, or other device, or part thereof, declared to be unsafe.
After the notice has been served or affixed, the person responsible therefor shall cease using and immediately remove the thing declared unsafe or shall alter or strengthen it in such manner as to render it safe.
The officer whose duty it is to examine or test any such scaffolding, platform, or similar device, or part thereof, under this Section shall have free access at all times during reasonable hours to any buildings or structures containing such scaffolding, platforms, or similar devices or parts thereof or where they may be in use.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1676. Lower scaffolding for protection of workmen on working scaffold or staging

RS 40:1676 - Lower scaffolding for protection of workmen on working scaffold or staging
Any person employing or directing another to perform labor of any kind in erecting, repairing, altering, or painting any water pipe, stand pipe, smoke stack, chimney, tower, steeple, pole, staff, dome, or cupola, with the use of any scaffold, staging, swing hammock, support, temporary platform, or other similar contrivance for such labor shall keep and maintain at all times while that labor is being performed and the mechanical device is in use or operation a safe and proper scaffold, stay, support, or other suitable device, not less than sixteen feet below the working device when the work is being performed at a height of thirty-two feet or more, for the purpose of protecting the person performing the labor from falling in case of any accident to the working device.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1677. Intermediate support for joists; floor strength; railings for floor openings

RS 40:1677 - Intermediate support for joists; floor strength; railings for floor openings
In any house, building, or structure in process of erection or construction where the distance between the enclosing walls is more than twenty-four feet in the clear, there shall be built and maintained proper intermediate supports for the joists. These supports shall be brick work walls, iron or steel columns, beams, trusses or girders of wood, or other material of sufficient strength. The floors in all such houses, buildings, or structures in the process of erection or construction shall be designed and constructed in such manner as to be capable of bearing on all their parts, in addition to the floor construction, partitions, and permanent fixtures and mechanisms that may be set upon them, a live load of twenty-five pounds for every square foot of surface. Every opening in such floor shall be railed all around with a substantial railing four feet in height. Every owner, builder, lessee, contractor, or sub-contractor of any such house, building, or construction, or the superintendent or agent of any of them, shall see that all the provisions of this Section are complied with.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1678. Maximum floor load during construction; display of placards

RS 40:1678 - Maximum floor load during construction; display of placards
Every owner of every house, building, or structure under construction, except buildings to be used exclusively for residential purposes, shall affix and display conspicuously on each floor of the building a placard stating the load per square foot of the floor surface which may safely be applied to that particular floor during construction. If the strength of the floor varies in different places, he shall affix placards for each varying part of the floor.
All such placards shall be verified and approved by the city engineer or inspector of buildings or other proper authority of the city charged with the enforcement of building laws.
No one shall load any such floor or any part thereof to a greater extent than the load indicated on the placard.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1679. Completion of flooring as building progresses

RS 40:1679 - Completion of flooring as building progresses
All contractors and owners, lessees and subcontractors, when constructing buildings where the plans and specifications require the floors to be arched between the beams or where the floors are fireproof material or brick work, shall complete the flooring or filling in as the building progresses, to not less than within three tiers or beams below and on which the iron work is being erected. If the plans or specifications do not require the filling in between the beams with brick or fireproof material, the contractor shall lay in the under flooring or a safe temporary floor, on each story as the building progresses to not less than within two stories of the floor below, to which the building has been erected and where double floors are not to be used shall keep planks over the floor, to two stories of the floor below the story where the work is being performed, and if the floor beams are not of iron or steel, the contractor for the iron or steel work in the course of construction or the owner shall thoroughly plank over the entire tier of iron or steel beams, on which the structural iron or steel work is being erected, except such places as are necessary for the proper construction of the iron or steel work, and for raising or lowering of material to be used on the building. All openings in the floor shall be railed as required by R.S. 40:1677.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1680. Enclosure of shafts or openings in buildings under construction

RS 40:1680 - Enclosure of shafts or openings in buildings under construction
If elevating machines or hoisting apparatus are used within a building in the course of construction, for the purpose of lifting material, the contractor, owner, or lessee shall cause all shafts or openings in the floors, such as stairways, ladder openings, or elevator shafts, to be enclosed or fenced all around by a substantial railing at least four feet in height.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1681. Placing of hoisting apparatus; floor re-enforcement

RS 40:1681 - Placing of hoisting apparatus; floor re-enforcement
Any hoisting machine or engine used in building construction shall, where practicable, be set up or placed on the ground. Where it is necessary to place such a machine or engine on any floor above the ground floor, the floor shall be properly and securely supported with a foundation capable of sustaining twice the weight of the machine or engine.
If the building in course of construction is three stories or over in height, no material needed for the construction shall be hoisted or lifted over any public street or alley, unless the street or alley is barricaded from use by the public or is so covered as to prevent injury to pedestrians.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1682. Communication system for mechanical elevating machines or hoisting apparatus used in construction work

RS 40:1682 - Communication system for mechanical elevating machines or hoisting apparatus used in construction work
If elevating machines or hoisting apparatus, operated or controlled by other than hand power, are used in the construction, alteration, or removal of any structure, the owner, contractor, or sub-contractor shall, during the use and operation of the elevating machine or hoisting apparatus, provide and maintain an adequate system of communication by signals, so that prompt and perfect communication may be had at all times between the operator of the engine or motive power of the elevating machine or hoisting apparatus and the employees or persons engaged thereon or using or operating it. The officers of the city charged with the enforcement of the building laws shall enforce this Section. If such officers fail to do so, the police authorities shall, pursuant to the terms of this Part, enforce the provisions of this Section.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1683. Penalty

RS 40:1683 - Penalty
Any contractor, sub-contractor, foreman, or other person having charge of the erection, construction, repairing, alteration, removal, or painting of any structure who violates any provision of this Part shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not less than three months nor more than two years, or both.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1701. Safety bolts on certain windows; penalty for failure

RS 40:1701 - Safety bolts on certain windows; penalty for failure
Every person who constructs a commercial building in a municipality having a population of fifty thousand or more persons shall install safety bolts on all windows opening on the second or any higher floor to safeguard employees engaged in window cleaning, window repair work, or the installation of window awnings.
Whoever violates this Section shall be fined not more than two hundred and fifty dollars.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1711. Definitions

RS 40:1711 - Definitions
As used in this part, the following terms shall have the meaning ascribed to them in this section unless the context clearly indicates otherwise:
(1) "Safety glazing material" means any glazing material such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of ANSI Standard Z-97.1-1966 and such further requirements as may be adopted by the Louisiana State Fire Marshal and which are so constructed, treated, or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material.
(2) "Hazardous locations" means those installations, glazed or to be glazed in commercial and public buildings, known as framed or unframed glass entrance doors; and those installations, glazed or to be glazed in residential buildings and other structures used as dwellings, commercial buildings, and public buildings, known as sliding glass doors, storm doors, shower doors, bathtub enclosures which because of their location present a barrier in the normal path traveled by persons going into or out of these buildings, and because of their size and design may be mistaken as means of ingress or egress; and any other installation, glazed or to be glazed, wherein the use of other than safety glazing materials would constitute an unreasonable hazard as determined by the Louisiana State Fire Marshal; whether or not the glazing in such doors, panels, enclosures and other installations is transparent.
For the purposes of this part wood panel doors with small lights thirty-six inches or more above the floor, French doors and doors with leaded glass lights are not to be considered hazardous and these installations are not to be included within the definition of hazardous locations as set forth hereinabove.
Added by Acts 1972, No. 719, §1. Amended by Acts 1974, No. 680, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1712. Labeling required

RS 40:1712 - Labeling required
A. Each light of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations or installed in such a location within the State of Louisiana shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material on the safety glazing material, or by other suitable means. The label shall identify the labeler, whether manufacturer, fabricator or installer, and the nominal thickness and the type of safety glazing material and the fact that said material meets the test requirements of ANSI Standard Z-97.1-1966. The label must be legible and visible after installation.
B. Such safety glazing labeling shall not be used on other than safety glazing materials.
Added by Acts 1972, No. 719, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1713. Safety glazing materials required

RS 40:1713 - Safety glazing materials required
It shall be unlawful within the State of Louisiana to knowingly sell, fabricate, assemble, glaze, install, consent or cause to be installed glazing materials other than safety glazing materials in, or for use in, any hazardous location, as defined herein above, after the effective date of this Part. This Part shall not be construed as being retroactive and shall become effective on January 1, 1973.
Added by Acts 1972, No. 719, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1715. Penalty

RS 40:1715 - Penalty
Whoever violates the provisions of this Part shall be guilty of a misdemeanor and upon conviction thereof, shall be sentenced to pay a fine of not less than one hundred dollars or more than one thousand dollars, or to imprisonment of not more than six months, or both.
Added by Acts 1972, No. 719, §1.