reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1582. Emergency elevator access; master key; substitute emergency measures; enforcement; penalty; rulemaking authority

RS 40:1582 - Emergency elevator access; master key; substitute emergency measures; enforcement; penalty; rulemaking authority
A. For each building in this state which is six or more stories in height, including but not limited to hotels and condominiums, which is constructed or substantially renovated after January 1, 2009, all of the keys for elevators that allow public access, including but not limited to service and freight elevators, shall be keyed so as to allow all elevators to operate in fire emergency situations with one master elevator key.
B. Each existing building in this state which is six or more stories in height shall comply with Subsection A of this Section before January 1, 2012. Each building in this state, except for one- and two-family dwellings, which is five or fewer stories in height in which a new elevator is installed after January 1, 2013, shall comply with Subsection A of this Section.
C. In addition to elevator owners, owners' agents, elevator contractors, state-certified inspectors, and state agency representatives, master elevator keys shall be issued only to the fire department in whose jurisdiction the building is located and shall not be issued to any other emergency response agency. A person shall not duplicate a master elevator key for issuance to, or issue such a key to, anyone other than the authorized fire department personnel. Each master elevator key shall be marked "DO NOT DUPLICATE".
D. If it is technically, financially, or physically impossible to bring a building into compliance with this Section, the state fire marshal may allow substitute emergency measures that will provide reasonable emergency elevator access.
E. The office of state fire marshal shall enforce this Section. Any person who fails to comply with the requirements of this Section is subject to an administrative fine of not more than one thousand dollars, in addition to any other penalty provided by law. All administrative fines shall be deposited into the Louisiana Fire Marshal Fund.
F. Architects and builders shall make every effort to use new technology and developments in keying systems which make it possible to convert existing equipment so as to provide efficient emergency elevator access.
G. The office of state fire marshal shall adopt rules, pursuant to the Administrative Procedure Act, to implement the provisions of this Section.
H. For the purposes of this Section, "substantially renovated" means an existing building which has alterations or repairs costing in excess of fifty percent of the then physical value of the building. The cost of alterations or repairs shall be established by an estimate signed by a licensed architect, by a licensed general contractor, or in the absence of either such licensed person, by the state fire marshal.
Acts 2008, No. 749, §1; Acts 2010, No. 367, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1583. Locking, bolting, or obstructing exits or passageways

RS 40:1583 - Locking, bolting, or obstructing exits or passageways
No persons shall bolt, lock, obstruct, or block any exit or any passageway, or permit anyone else to do so, while the structure, watercraft, or moveable is in use for public assemblage.
Added by Acts 1982, No. 335, §1, eff. July 18, 1982.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1591. Enforcement of Part

RS 40:1591 - Enforcement of Part
A. The enforcement personnel of the state fire marshal shall enforce this Part and all other laws under the jurisdiction of the state fire marshal and other lawful orders of the state fire marshal, the violation of which would constitute a misdemeanor offense. The state fire marshal may delegate some or all of such enforcement authority to the chief of a fire department of a political subdivision and his authorized representatives. This enforcement authority shall include the power to issue misdemeanor summons.
B. The law enforcement officers of each political subdivision of the state shall enforce this Part and all other laws under the jurisdiction of the state fire marshal and other lawful orders of the state fire marshal.
Acts 1991, No. 33, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1592. Application of Part

RS 40:1592 - Application of Part
The requirements contained in this Part apply to all structures, watercraft, and movables. However, the fire marshal may limit their application insofar as they affect structures existing on or before July 28, 1948, whenever he determines that reasonable steps have been taken in connection therewith to protect life and property from the hazards of fire and of panic which may arise from fire or from the threat of fire or explosion.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1593. Volunteer firefighters; medical and life insurance

RS 40:1593 - Volunteer firefighters; medical and life insurance
The state fire marshal is authorized to negotiate for and to purchase out of funds available for such purpose in the Two Percent Fire Insurance Fund provided for in R.S. 22:347(A) a group insurance policy to provide medical benefits, death benefits, and burial benefits for volunteer firefighters of the state suffering injury or death while engaged in the scope of their duties as volunteer firefighters. Such policy shall cover all bona fide volunteers starting the day upon which their membership begins without any prior certification to the state fire marshal's office or to the insurer. The state fire marshal shall deliver to each volunteer unit a printed notice concerning the policy requirements as to written notice of claim and written proof of loss including the period in which such must be filed. The volunteer unit shall post such notice in a conspicuous place at its facilities.
Acts 1966, No. 522, §1. Amended by Acts 1974, No. 124, §1; Acts 1987, No. 898, §1, eff. July 20, 1987; Acts 1990, No. 759, §2; Acts 2001, No. 189, §2, eff. May 31, 2001; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1596.1. Purpose

RS 40:1596.1 - Purpose
The purpose of this Subpart is to regulate the retention and storage of records of the office of state fire protection of the Department of Public Safety, formerly known as the State Fire Marshal, by establishing specific time limits during which said records shall be retained and after which such records may be destroyed.
Added by Acts 1979, No. 495, §1, eff. July 13, 1979.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1596.2. Administration

RS 40:1596.2 - Administration
The assistant secretary of the Department of Public Safety in charge of the office of state fire protection, commonly known as the State Fire Marshal, shall administer this Subpart and may issue rules and regulations which he considers necessary to its administration.
Added by Acts 1979, No. 495, §1, eff. July 13, 1979.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1596.3. Definitions

RS 40:1596.3 - Definitions
As used in this Subpart, the following terms have the meanings specified unless the context clearly indicates otherwise:
(1) "Blueprints" means any set of drawings, plans, and specifications submitted to the fire marshal for approval in accordance with R.S. 40:1574.
(2) "Inspection reports" means all reports of inspections and other documents attached or pertaining thereto made, developed, and collected by the office of state fire protection pursuant to the inspections required by R.S. 40:1575.
(3) "Investigation reports" means all documents made, developed and collected by the office of state fire protection pursuant to R.S. 40:1566 through R.S. 40:1575.
(4) "Records of proceedings" means all records of any proceedings held pursuant to R.S. 40:1578.1 through R.S. 40:1578.6 and R.S. 40:1666 through R.S. 40:1666.8.
(5) "Records" means all of the documents defined in Paragraphs (1), (2), (3) and (4) above, and all other documents made, developed or collected by the office of state fire protection.
(6) "Time limitation" means the period of time during which the records or documents in question shall be retained by the office of state fire protection of the Department of Public Safety, and upon the expiration of which such records may be destroyed.
(7) "Types of occupancies" shall be as defined in the Life Safety Code in Pamphlet No. 101 published by the National Fire Protection Association, 1973 edition.
Added by Acts 1979, No. 495, §1, eff. July 13, 1979; Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1596.4. Specific time limits

RS 40:1596.4 - Specific time limits
The office of state fire protection shall retain all records for the following specific time limits according to the types of occupancies:
(1) Educational, institutional, and residential occupancies--twenty years.
(2) Places of public assembly and mercantile occupancies--ten years.
(3) Business, industrial, and storage occupancies--five years.
(4) All other occupancies and records--one year.
Added by Acts 1979, No. 495, §1, eff. July 13, 1979.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1596.5. Method of retention

RS 40:1596.5 - Method of retention
The office of state fire protection is hereby authorized to microfilm or use any other generally accepted method of recording for preservation of written documents for the purpose of retaining the records, however, no original record may be destroyed until at least one year has elapsed from the date of the making of such record or final disposition of the matter involving the record, whichever is longer.
Added by Acts 1979, No. 495, §1, eff. July 13, 1979.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1597.2. Purpose; administration and enforcement; initial study

RS 40:1597.2 - Purpose; administration and enforcement; initial study
A.(1) The purpose of this Subpart is to provide for the safety of the persons utilizing and working with conveyance devices, as well as to promote public safety awareness by requiring conveyance device inspections by licensed elevator inspectors.
(2) The use of unsafe and defective conveyance devices increases the probability of injury to the persons exposed to these unsafe devices. The prevention of these injuries is in the best interest of the people of this state.
(3) Adequate protection for safety should be afforded in every conveyance device to which this Subpart applies. The study shall include a determination of whether such protection standards shall comply with the latest editions of the American Society of Mechanical Engineers (ASME) Safety Code for Elevators and Escalators, ASME A17.1; ASME Performance-Based Safety Code for Elevators and Escalators, A17.7; the ASME Safety Code for Existing Elevators and Escalators, A17.3; the ASME Safety Standards for Platform Lifts and Stairway Chairlifts, A18.1; ASME Standard for the Qualification of Elevator Inspectors, QEI-1; and Automated People Mover Standards, ASCE 21.
B. Repealed by Acts 2022, No. 252, §3.
Acts 2014, No. 784, §1; Acts 2022, No. 252, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1602. Burn ban; authority of the state fire marshal; civil citation

RS 40:1602 - Burn ban; authority of the state fire marshal; civil citation
A. The state fire marshal may issue an order to prohibit or limit the private outdoor burning of materials in any area of this state.
B.(1) The state fire marshal or his representative or the commissioner of the Department of Agriculture and Forestry or his representative may impose a civil fine of two hundred fifty dollars for the violation of an order issued pursuant to this Section.
(2) Any penalties imposed pursuant to this Subsection may be appealed in accordance with the provisions of the Administrative Procedure Act.
(3) The penalties collected pursuant to this Subsection shall be deposited into the Louisiana Life Safety and Property Protection Trust Dedicated Fund Account within the state treasury as provided for in R.S. 40:1664.9. The monies shall be deposited to the credit of the account and shall, in addition to any other monies available for such purpose, be available to the state fire marshal to support fire safety and prevention programs.
C. This Section shall not apply to prescribed burning as defined in R.S. 3:17.
Acts 2012, No. 371, §1, eff. May 31, 2012; Acts 2021, No. 114, §18, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1603. Fire-resistant material applicators; registration; fines

RS 40:1603 - Fire-resistant material applicators; registration; fines
A. As used in this Section, the following terms shall have the meaning ascribed as follows:
(1) "Fire-resistant material" means cementitious or fibrous materials that are sprayed onto a surface to provide fire-resistant protection of the substrate.
(2) "Fire-resistant material applicator" means an individual who applies fire-resistant material.
B.(1) Every fire-resistant material applicator shall undergo training to apply fire-resistant material according to manufacturer specifications.
(2) Every fire-resistant material applicator shall annually register with the office of the state fire marshal.
(3) When a fire-resistant material applicator satisfactorily completes training and registers as required by this Subsection, the state fire marshal shall issue a certificate which indicates that the fire-resistant material applicator is certified to apply fire-resistant material.
C. Any person applying fire-resistant material who does not receive the training, register, and obtain a certificate as required in Subsection B of this Section shall be fined up to two hundred fifty dollars per violation.
D. The provisions of this Section shall be implemented, including a procedure for the appeal of penalties, and enforced pursuant to the Administrative Procedure Act.
Acts 2019, No. 114, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1605. Rubbish

RS 40:1605 - Rubbish
No person shall allow any empty boxes or barrels or any rubbish, trash, waste paper, excelsior, or other similar combustible materials not incident to or necessary in his trade to remain in any alley or sidewalk or on any premises within thirty feet of a building longer than twelve hours or overnight.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1613. Tents; fire resistant

RS 40:1613 - Tents; fire resistant
A. No person shall offer for sale or manufacture within this state, after January 1, 1975, any tent, regardless of the size or description thereof, unless such tent is made of a fire resistant material or has been treated to render it fire resistant. The fire marshal may prescribe specific requirements to carry out the purpose of this section.
B. The fire marshal shall be responsible for the enforcement of this section. Upon complaint of any person or upon his own initiative when he thinks necessary, the fire marshal or any of his authorized representatives may inspect any tent being offered for sale or sold in this state or the premises of any establishment engaged in the manufacture of tents in this state for the purpose of determining compliance with this section. Whenever the inspecting officer finds any incidence of noncompliance with this section he shall issue an appropriate order to assure compliance, to have the tents removed from the premise or to remedy the incidence of noncompliance in whatever manner he may deem appropriate.
C. Whoever fails to comply with an order of the fire marshal under the provisions of this section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Each violation hereunder shall constitute a separate offense.
Added by Acts 1974, No. 264, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1614. Mattresses and box springs; fire retardant

RS 40:1614 - Mattresses and box springs; fire retardant
A. After January 1, 2007, no person shall offer for sale at retail within this state, any mattress or box spring unless it is made of a fire retardant material or has been treated to render it fire retardant such that it meets the standards of resistance to open flames. This Subsection shall not apply to any mattress or box spring manufactured prior to January 1, 2007. The fire marshal may promulgate regulations to implement the purpose of this Section.
B. The fire marshal shall be responsible for the enforcement of this Section. Upon complaint of any person or upon his own initiative when he thinks necessary, the fire marshal or any of his authorized representatives may inspect any mattress or box spring being offered for sale or sold in this state or the premises of any establishment engaged in the manufacture of mattresses or box springs in this state for the purpose of determining compliance with this Section. Whenever the inspecting officer finds any incidence of noncompliance with this Section he shall issue an appropriate order to assure compliance, to have the mattresses or box springs removed from the premises or to remedy the incidence of noncompliance in whatever manner he may deem appropriate.
C. Whoever fails to comply with an order of the fire marshal under the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Each violation hereunder shall constitute a separate offense.
D. Upon the enactment of a federal statute, rule, or regulation which requires that mattresses and box springs be flame resistant, this provision shall be null and void.
Acts 2006, No. 557, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1615. Class B fire fighting foam containing fluorinated organic chemicals

RS 40:1615 - Class B fire fighting foam containing fluorinated organic chemicals
A. As used in this Part, the following terms have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:
(1) "Class B fire fighting foam" means any foam designed to extinguish flammable liquid fires.
(2) "Person" means an individual, association, joint venture, partnership, corporation, limited liability company, political subdivision, municipality, or public or private organization of any character, including any agency, department, board, bureau, office, commission, district, corporation, and quasi-public corporation of the federal, state, municipal, or local government.
(3) "PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances, and designed to be fully functional in Class B fire fighting foam formulations.
(4) "Testing" means calibration testing, conformance testing, or fixed system testing.
B. On and after January 1, 2022, no person shall discharge or otherwise use Class B fire fighting foam that contains intentionally added PFAS chemicals unless such discharge or other use occurs in fire prevention or in response to an emergency fire fighting operation.
C. Nothing in this Section shall be construed to do any of the following:
(1) Restrict the manufacture, sale, or distribution of Class B fire fighting foam that contains intentionally added PFAS chemicals or restrict the discharge or other use of Class B fire fighting foam in response to an emergency fire fighting operation.
(2) Prevent the use of nonfluorinated foams, including other Class B fire fighting foams, for the purposes of training or testing for fire fighting operations at a facility that has implemented containment, treatment, and disposal measures to prevent the uncontrolled releases of such fire fighting foam into the environment.
Acts 2021, No. 232, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1621. Violation of fire marshal's orders; penalty

RS 40:1621 - Violation of fire marshal's orders; penalty
Whoever fails to comply with any order issued by the fire marshal or his authorized representative, under any provisions of Part III of Chapter 7 of Title 40, R.S. 40:1569 excepted, shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Each day's violation of an order constitutes a separate offense and may be punished as such at the discretion of the court.
Acts 1989, No. 181, §1; Acts 1990, No. 86, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1622. Violation of Part; criminal and civil liability

RS 40:1622 - Violation of Part; criminal and civil liability
A. If the fire marshal or a representative of his office inspects a structure, watercraft, or movable and finds a violation of this Part, for which a compliance order is issued, and that violation is the proximate cause of an incident giving rise to response by firemen or first response personnel who suffer loss of life or bodily injury while responding to the incident, then the person or entity responsible for compliance with the order shall be liable for all damages resulting from the loss of life or bodily injury suffered by any such firemen or first response personnel if the compliance order has not been complied with within the time period stated in the compliance order.
B. Notwithstanding any provision to the contrary, for any loss of life suffered by firemen or first response personnel under the conditions described in this Section, there shall be a rebuttable presumption that the death resulted from criminal negligence.
Acts 2003, No. 1099, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1629. Certification and product change

RS 40:1629 - Certification and product change
A. Each manufacturer shall submit to the state fire marshal and the attorney general a written certification attesting that:
(1) Each cigarette listed in the certification has been tested in accordance with R.S. 40:1628.
(2) Each cigarette listed in the certification meets the performance standards set forth in R.S. 40:1628.
B. Each cigarette listed in the certification shall be described with the following information:
(1) Brand or trade name on the package.
(2) Style, such as light or ultra light.
(3) Length in millimeters.
(4) Circumference in millimeters.
(5) Flavor, such as menthol or chocolate, if applicable.
(6) Filter or non-filter.
(7) Package description, such as soft pack or box.
(8) Marking pursuant to R.S. 40:1630.
(9) The name, address, and telephone number of the laboratory, if different from the manufacturer that conducted the test.
(10) The date that the testing occurred.
C. Copies of the certifications shall be made available to the Department of Revenue for the purposes of ensuring compliance with this Section.
D. Each cigarette certified under this Section shall be recertified every three years.
E. For each certification, a manufacturer shall pay to the state fire marshal a maximum fee of two hundred fifty dollars.
F. If a manufacturer has certified a cigarette pursuant to this Section, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this Act, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in R.S. 40:1628 and maintains records of that retesting as required by this Act. Any altered cigarette which does not meet the performance standards set forth in this Act may not be sold in this state.
Acts 2007, No. 409, §1, eff. Aug. 31, 2009; Acts 2010, No. 529, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1630. Marking of cigarette packaging

RS 40:1630 - Marking of cigarette packaging
A. Cigarettes that are certified by a manufacturer in accordance with R.S. 40:1629 shall be marked to indicate compliance with the requirements of R.S. 40:1628. The marking shall be in eight-point type or larger and consist of one of the following:
(1) Modification of the UPC Code to include a visible mark printed at or around the area of the UPC Code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC.
(2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap.
(3) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards set forth in this Act*.
B. A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, or cases, or brands marketed by that manufacturer.
C. The state fire marshal shall be notified in writing as to the marking that is selected.
D. Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except the state fire marshal shall approve the following:
(1) Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes.
(2) The letters "FSC", which signifies Fire Standards Compliant appearing in eight-point type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the UPC code.
E. Proposed markings shall be deemed approved if the state fire marshal fails to act within ten business days of receiving a request for approval.
F. No manufacturer shall modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this Section.
G. Manufacturers certifying cigarettes in accordance with this Section shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this Section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, the Department of Revenue, the attorney general, and their employees to inspect markings of cigarette packaging marked in accordance with this Section.
Acts 2007, No. 409, §1, eff. Aug. 31, 2009.
*Acts 2007, No. 409
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1631. Implementation

RS 40:1631 - Implementation
The state fire marshal may promulgate rules and regulations, pursuant to the Administrative Procedure Act, necessary to effectuate the purposes of this Act*.
Acts 2007, No. 409, §1, eff. Aug. 31, 2009.
*Acts 2007, No. 409
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1632. Inspection; seizure

RS 40:1632 - Inspection; seizure
A. To enforce the provisions of this Act*, the attorney general, the Department of Revenue, the office of alcohol and tobacco control, and the state fire marshal, their duly authorized representatives, and other law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale is hereby directed and required to give the attorney general, the Department of Revenue, the office of alcohol and tobacco control, and the state fire marshal, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this Section.
B. The Department of Revenue, the office of alcohol and tobacco control, the attorney general, and the state fire marshal, or their duly authorized representatives, and other law enforcement personnel in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, may inspect cigarettes to determine if the cigarettes are marked as required by R.S. 40:1630.
Acts 2007, No. 409, §1, eff. Aug. 31, 2009.
*Acts 2007, No. 409
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1633. Penalties; forfeiture

RS 40:1633 - Penalties; forfeiture
A. A manufacturer, who knowingly sells or offers to sell cigarettes, in violation of this Act*, shall be subject to a civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed fifty thousand dollars during any thirty-day period.
B. In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to R.S. 40:1629 shall be subject to a civil penalty not less than twenty-five thousand dollars and not to exceed one hundred thousand dollars for each such false certification.
C. Any person violating any other provision of this Act shall be subject to a civil penalty for a first offense not to exceed one thousand dollars. The penalty for any subsequent violation shall not exceed five thousand dollars.
Acts 2007, No. 409, §1, eff. Aug. 31, 2009.
*Acts 2007, No. 409
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1634. Remedy

RS 40:1634 - Remedy
A. It shall be a rebuttable presumption that the retailer or wholesaler receives cigarettes from the manufacturer in good faith.
B. In addition to any other remedy provided by law, the state fire marshal, the Department of Revenue, the office of alcohol and tobacco control, or attorney general may file an action in a court of competent jurisdiction for a violation of this Act*, including petitioning for injunctive relief, for recovery of any costs or damages suffered by the state because of a violation of this Act, for enforcement costs relating to the specific violation, and for court costs and attorney fees. Each violation of this Act or of rules or regulations adopted under this Act constitutes a separate civil violation for which the state fire marshal, the Department of Revenue, the office of alcohol and tobacco control, or attorney general may obtain relief.
Acts 2007, No. 409, §1, eff. Aug. 31, 2009.
*Acts 2007, No. 409
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1635. Deposit of penalties; existing account

RS 40:1635 - Deposit of penalties; existing account
The penalties collected as provided for in R.S. 40:1633 shall be deposited into the Louisiana Life Safety and Property Protection Trust Dedicated Fund Account within the state treasury as provided for in R.S. 40:1664.9. The monies shall be deposited to the credit of the account and shall, in addition to any other monies available for such purpose, be available to the state fire marshal to support fire safety and prevention programs.
Acts 2007, No. 409, §1, eff. Aug. 31, 2009; Acts 2021, No. 114, §18, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1636. Out-of-state sales

RS 40:1636 - Out-of-state sales
Nothing in this Act* shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements set forth in this Act if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.
Acts 2007, No. 409, §1, eff. Aug. 31, 2009.
*Acts 2007, No. 409
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1641. Purpose

RS 40:1641 - Purpose
A. The legislature hereby finds that existing high rise buildings which do not have fire protection sprinkler systems represent a serious threat to life and property. High rise building fires are particularly dangerous due to the fact that present fire fighting apparatus can only reach floor levels below seventy-five feet in height, leaving upper floors in high rise facilities vulnerable to the unchecked spread of fire, thereby endangering the occupants of those upper floor levels.
B. It is therefore the policy of this state in order to protect life and property from the hazards of fire and panic which may arise from fire or from the threat of fire in high rise buildings to require existing high rise buildings to be protected throughout by an approved fire protection sprinkler system.
Acts 1988, No. 422, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1642. Definitions

RS 40:1642 - Definitions
As used in this Subpart, the following terms have these meanings:
(1) "Fire protection sprinkler system" means a system of overhead piping designed in accordance with fire protection engineering standards. The system must be supplied from a reliable, constant, and sufficient water supply such as a gravity tank, fire pump, reservoir or pressure tank, or connection by underground piping to a city main or any combination of these. The portion of the sprinkler system above ground is considered the fire protection sprinkler system for purposes of this Subpart and is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. Fire protection sprinkler system, dry-pipe systems, preaction systems, deluge systems, combined dry-pipe and preaction systems, antifreeze systems, and circulating closed loop systems, have meanings as defined and continuously revised in National Fire Protection Association Pamphlet 13, entitled Standard for the Installation of Sprinkler Systems.
(2) "Existing high rise buildings" means any building having floor surfaces used for human occupation located more than seventy-five feet above the lowest level of fire department vehicle access constructed before January 1, 1975.
(3) "Master plan" means a specific scheme or plan detailing the number of floors, total square footage, present occupancy and a proposed completion date of each phase and completion date of total compliance with the requirement of this Subpart.
Acts 1988, No. 422, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1644. Cost

RS 40:1644 - Cost
A. No work shall begin until the plans and specifications have been submitted and reviewed by the state fire marshal's office as required by R.S. 40:1574.
B. There shall be a review charge assessed by the state fire marshal as detailed in R.S. 40:1574.1.
Acts 1988, No. 422, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1645. Penalty

RS 40:1645 - Penalty
Whoever violates the provisions of this Subpart 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 five hundred dollars or to imprisonment of not more than six months, or both.
Acts 1988, No. 422, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1646.1. Inspectors

RS 40:1646.1 - Inspectors
The inspections and tests conducted pursuant to the provisions of this Subpart may be conducted by employees of the fire marshal, who may be reimbursed at reasonable rates determined by the fire marshal, or by qualified employees of certified fire protection sprinkler contractors, as such term is defined in R.S. 40:1625(2), or by licensed engineers or licensed architects as provided by law.
Acts 1991, No. 664, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1646.2. Inspection and test reports; attachment to system

RS 40:1646.2 - Inspection and test reports; attachment to system
A. The fire marshal shall prepare and promulgate specifications establishing the size, shape, color, information, and data, all in accordance with current National Fire Protection Association standards, to be included on all inspection and test reports.
B. One copy of the inspection and test report shall be attached by the inspector in a conspicuous place on the fire sprinkler system. One copy shall be retained by the inspector. One copy shall be retained by the owner of the building or his authorized representative. One copy shall be forwarded to the Property Insurance Association of Louisiana. The original shall be forwarded to the office of the fire marshal.
Acts 1991, No. 664, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1646.3. Inoperative or deficient systems; remediation; hearings

RS 40:1646.3 - Inoperative or deficient systems; remediation; hearings
A. If the inspector determines that the fire sprinkler system is inoperative or deficient, he shall describe these facts in detail on his report.
B. The fire marshal, as soon as practicable after receipt of this report, shall notify the building owner by certified mail or hand delivery of the date by which remediation must be made.
C. If the owner disputes the findings of the report, he may request, within fifteen days of the date on which the fire marshal's notice was posted or delivered, a hearing to resolve the dispute. The hearing shall be conducted as soon as possible and in accordance with the Administrative Procedure Act.
D. A final determination by the fire marshal may be appealed to any court of competent jurisdiction.
E. If remedial action is finally determined to be necessary, the owner shall cause an inspection to be made after completion of the remediation in the same manner as other inspections required by this Subpart.
Acts 1991, No. 664, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1662.17. Repealed b y Acts 2006, No. 307, §3, eff. Jan. 1, 2007.

RS 40:1662.17 - Repealed b y Acts 2006, No. 307, §3, eff. Jan. 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1662.18. Repealed by Acts. 2006, No. 307, §3, eff. Jan. 1, 2007.

RS 40:1662.18 - Repealed by Acts. 2006, No. 307, §3, eff. Jan. 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1664.2. Purpose; administration and enforcement

RS 40:1664.2 - Purpose; administration and enforcement
A. The purpose of this Subpart is to regulate the certifying, inspecting, installation, integrating, selling, and servicing of life safety and property protection systems and equipment and to prohibit the use of life safety and property protection systems and equipment which are not properly labeled in accordance with the rules adopted by the state fire marshal in the interest of safeguarding lives and property.
B. The state fire marshal shall administer and enforce the provisions of this Subpart and may issue rules and regulations which he considers necessary to such administration and enforcement pursuant to the Administrative Procedure Act. In formulating necessary rules and regulations, the state fire marshal may use recognized standards, including those of the National Fire Protection Association, those recognized by federal law or regulation, those published by nationally recognized standards-making organizations, those industry standards established by accepted practices or trade associations, or those contained in manufacturers' installation manuals.
C. The state fire marshal shall have the authority to charge and collect such fees as provided for in this Subpart.
D. The Louisiana Life Safety and Property Protection Advisory Board shall advise the state fire marshal with respect to administration and enforcement of the provisions of this Subpart and shall exercise those functions specified in 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 › §40:1664.4. License required

RS 40:1664.4 - License required
A. No person or firm shall engage in life safety and property protection contracting without holding a current and valid license issued by the state fire marshal as provided in this Subpart. Each operating location of a firm shall hold a separate firm license.
B. No person or company shall aid, abet, facilitate, or otherwise assist any unlicensed person or firm in engaging in life safety and property protection contracting as defined in this Subpart when such person or firm knew or should have known that the person or firm assisted was unlicensed.
C. The state fire marshal may, by rule, license the owner of a life safety and property protection system or equipment and an employee of the owner to allow such employee to perform routine inspections and minor service and repairs of the life safety systems or equipment solely within the facilities of the owner. The owner shall document such service or repair and assume responsibility for all such service or repair. Such employee shall not engage in certifying, installing, or integrating such systems or equipment.
D. Each person who acts as an apprentice performing life safety and property protection contracting shall apply to the state fire marshal for an apprentice license. The state fire marshal shall establish the qualifications of an apprentice by rule. An apprentice may perform such services only under the direct supervision of a technician holding a valid license pursuant to this Subpart who works for the same firm as the apprentice.
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 › §40:1664.5.1. Limited exemption to licensure; electrical contractors

RS 40:1664.5.1 - Limited exemption to licensure; electrical contractors
A.(1) A firm or person holding a license with the classification of electrical work statewide by the State Licensing Board for Contractors pursuant to R.S. 37:2156.1 and 2156.2 shall be authorized only to install wire, conduit, or other wire raceways, its associated boxes or fittings, and fire alarm initiating and notification devices or intrusion alarm systems or closed circuit television systems or special locking systems in either commercial or residential property without a license issued pursuant to this Subpart. The activity specified in this Paragraph shall not include final termination in a fire alarm control panel, security control panel, access control panel, or closed circuit television systems controls, which shall be performed only by a firm and individual holding a valid license issued pursuant to this Subpart. This limited exemption shall also apply to an employee of a firm or person who performs work on behalf of the electrical contractor, as defined by R.S. 37:2150.1.
(2) The provisions of Paragraph (1) of this Subsection shall not apply to a person or entity selling, installing, servicing, or maintaining wireless security and fire systems.
B. Electrical contractors are not permitted to certify, inspect, or service any life safety and property protection system or equipment.
Acts 2020, No. 339, §1, eff. June 13, 2020.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1664.7. Application for an individual license; requirements to maintain

RS 40:1664.7 - Application for an individual license; requirements to maintain
A. In order to engage in life safety and property protection contracting, an individual shall apply for and obtain a license for each discipline for which he shall perform life safety and property protection contracting. Such license shall authorize its holder to engage in life safety and property protection contracting for the endorsements listed. Each individual license holder shall maintain his license on his person while engaging in life safety and property protection contracting. Each such license holder shall present his license for inspection upon demand by an employee of the office of the state fire marshal, fire department, or a law enforcement officer.
B. As a further condition of licensure, the acceptance of a license by a firm shall be deemed as consent to submit to the reasonable requests for documentation by the office of the state fire marshal or his designated representatives and to cooperate in a lawful investigation by the office of the state fire marshal. Any person refusing to cooperate with any lawful investigation by the office of the state fire marshal shall be subject to any penalty as outlined in this Section, including suspension or revocation of license.
C. Each individual license holder shall notify the state fire marshal, on a form specified and provided by the state fire marshal, within ten days of the following:
(1) Any change in business or home address.
(2) Any separation from an employer or change in employer.
(3) For a person holding a property protection endorsement, any conviction for a felony or entry of a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon.
D. No individual licensed under this Section shall contract for his services as an independent contractor or agent with any life safety and property protection firm or with any other license holder under this Section.
E. Meet all certification, continuing education, training, and testing requirements as established by the board.
F. An individual may act as a temporary apprentice for a thirty-day calendar period commencing on the date the fire marshal receives an application from the applicant. Applications for property protection endorsements shall be accompanied by a criminal record check of the applicant. Such license shall expire on the thirtieth calendar day after its commencement or on the date of issuance of an apprentice or technician license, whichever is earlier.
Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.