Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:1545 Repealed by Acts 1989, No
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§1545. Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
La. Rev. Stat. § 40:1546 Coordination of state, private, and federal efforts
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§1546. Coordination of state, private, and federal efforts Each state institution, state agency, or private agency providing training for the fire service shall coordinate such efforts with the firefighter training program through the office of state fire marshal to prevent dupli…
La. Rev. Stat. § 40:1547 Office of state fire marshal Fire and Emergency Training Academy Film Library
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§1547. Office of state fire marshal Fire and Emergency Training Academy Film Library Fund; creation A. The office of state fire marshal Fire and Emergency Training Academy located at Baton Rouge is hereby authorized to create an office of state fire marshal Fire and Emergency Tra…
La. Rev. Stat. § 40:1551 Creation; authority of parish governing authorities; purpose
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§1551. Creation; authority of parish governing authorities; purpose A. The governing authority of any parish or the governing authorities of any group of parishes are hereby authorized and empowered, upon their own initiative, to form and create a fire and emergency training serv…
La. Rev. Stat. § 40:1552 Board of commissioners; membership; qualifications; appointment; terms; vacancies; removal; officers; meetings
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§1552. Board of commissioners; membership; qualifications; appointment; terms; vacancies; removal; officers; meetings A. A fire and emergency training services district created pursuant to the provisions of this Chapter shall be governed by a board of commissioners composed of qu…
La. Rev. Stat. § 40:1553 Corporate status of district; authority of board
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§1553. Corporate status of district; authority of board A. A fire and emergency training services district created pursuant to the provisions of this Chapter shall constitute a body corporate in law with all the power and right to incur debts and contract obligations, to sue and …
La. Rev. Stat. § 40:1554 Director; staff
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§1554. Director; staff A. The board of commissioners shall appoint a director of the district. The director shall serve as secretary-treasurer of the board. The director shall assume full responsibilities as director of the district, shall receive a salary fixed by the board, and…
La. Rev. Stat. § 40:1555 Federal, state, and private aid and grants
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§1555. Federal, state, and private aid and grants A district created pursuant to the provisions of this Chapter shall have full power to do such things and enter into such contracts and agreements with the federal government, the state, or other public or private sources as may b…
La. Rev. Stat. § 40:1558.1 Purpose
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§1558.1. Purpose A. The legislature finds and declares that volunteer fire departments make up the vast majority of fire departments in the state, and the number of volunteers is declining. Participation in volunteer fire departments is vital to public safety; therefore, it is cr…
La. Rev. Stat. § 40:1558.2 Definitions
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§1558.2. Definitions As used in this Part, the following words shall have the following meanings: (1) "Board" means the Volunteer Firefighters' Tuition Reimbursement Board. (2) "Combination fire department" means a department whose personnel is composed of both volunteer and prof…
La. Rev. Stat. § 40:1558.3 Volunteer Firefighters' Tuition Reimbursement Fund
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§1558.3. Volunteer Firefighters' Tuition Reimbursement Fund A. There is hereby established a special fund in the state treasury to be known as the Volunteer Firefighters' Tuition Reimbursement Fund, hereinafter referred to as the "fund", which shall consist of monies appropriated…
La. Rev. Stat. § 40:1558.4 Volunteer Firefighters' Tuition Reimbursement Board; creation; membership
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§1558.4. Volunteer Firefighters' Tuition Reimbursement Board; creation; membership A. There is hereby created the Volunteer Firefighters' Tuition Reimbursement Board within the Department of Public Safety and Corrections, office of state fire marshal, code enforcement and buildin…
La. Rev. Stat. § 40:1558.5 Powers and duties of the board
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§1558.5. Powers and duties of the board A. The board shall: (1) Create an application and develop application procedures. (2) Determine which applications meet the eligibility requirements provided for in R.S. 40:1558.6 and any rules or regulations promulgated by the board. (3) D…
La. Rev. Stat. § 40:1558.6 Eligibility of applicants
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§1558.6. Eligibility of applicants A. Eligible applicants shall have met, at a minimum, the following requirements: (1) Resided in the state for at least one year prior to application. (2) Completed a two-year associate degree program or completed two years of a four-year degree …
La. Rev. Stat. § 40:1558.7 Rules and regulations
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§1558.7. Rules and regulations The board shall adopt such rules and regulations as are necessary to implement the provisions of this Part in accordance with the Administrative Procedure Act. Acts 2013, No. 310, §2.
La. Rev. Stat. § 40:1561 Recognition; appointment; term; compensation; qualifications
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§1561. Recognition; appointment; term; compensation; qualifications A. There shall be a fire marshal of the state of Louisiana who shall be appointed by the governor for a term coextensive with his own. The state fire marshal shall have the following qualifications: (1) have a co…
La. Rev. Stat. § 40:1562 Assistants and deputies
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§1562. Assistants and deputies A. The fire marshal may appoint a first assistant at a salary that he deems reasonable. The first assistant shall have the same qualifications as are required of the state fire marshal. B. The fire marshal may also appoint such deputies, counsel, an…
La. Rev. Stat. § 40:1562.1 Organization of fire marshal's office
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§1562.1. Organization of fire marshal's office The fire marshal's office shall be organized into the following sections: (1) Administrative. (2) Engineering. (3) Inspection. (4) Investigation. (5) Fire and emergency training. Added by Acts 1974, No. 231, §1; Acts 2022, No. 231, §…
La. Rev. Stat. § 40:1563 Powers and duties generally; use of deputies; responsibilities of local governing
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§1563. Powers and duties generally; use of deputies; responsibilities of local governing authorities with fire prevention bureaus; open structures and process structures; fees A. The fire marshal shall take all steps necessary and proper to protect life and property from the haza…
La. Rev. Stat. § 40:1563.1 Authority to make arrests and carry firearms; arson task force
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§1563.1. Authority to make arrests and carry firearms; arson task force A. The fire marshal, the first assistant fire marshal, each deputy fire marshal, certified local authorities, and state or municipal arson investigators, while engaged in the performance of their duties as su…
La. Rev. Stat. § 40:1563.2 Inspection of family child care providers; inspection fees
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§1563.2. Inspection of family child care providers; inspection fees A. The state fire marshal or his designee shall inspect family child care providers as defined in R.S. 17:407.62. B.(1) The state fire marshal shall collect a fee for all required inspections pursuant to R.S. 17:…
La. Rev. Stat. § 40:1563.3 Restriction on the use of the titles "fire marshal" and "deputy fire marshal"
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§1563.3. Restriction on the use of the titles "fire marshal" and "deputy fire marshal" No employee of any department, division, or agency of the state or any municipality, parish, or other political subdivision of the state except employees of the office of state fire marshal, co…
La. Rev. Stat. § 40:1563.4 Imposition of civil penalties by the state fire marshal for violations
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§1563.4. Imposition of civil penalties by the state fire marshal for violations A. The state fire marshal, in addition to any other provision of law providing penalties for violations, may impose a civil fine of up to one thousand dollars, for violation of any statute, rule promu…
La. Rev. Stat. § 40:1563.5 Inspection fees
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§1563.5. Inspection fees The state fire marshal may charge inspection fees pursuant to R.S. 23:537 and 541, R.S. 27:44.2, and R.S. 51:911.22, 911.28, and 911.32. Acts 1993, No. 687, §2; Acts 2023, No. 126, §2.
La. Rev. Stat. § 40:1564 Cost of performing functions
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§1564. Cost of performing functions The cost of performing the functions assigned to the fire marshal under the provisions of this part shall be borne by the fire marshal fund in the state treasury, created by R.S. 22:835 and with other such funds as may be appropriated by the le…
La. Rev. Stat. § 40:1565 Account of money; audit
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§1565. Account of money; audit The fire marshal shall keep an accurate account of all money received and disbursed by him under the provisions of this part and shall include a statement thereof in his annual report. The legislative auditor or other appropriate officer shall annua…
La. Rev. Stat. § 40:1566 Investigation of fires; reports; records of fires
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§1566. Investigation of fires; reports; records of fires Under the direction of the fire marshal, the chief of the fire department in each municipality where a fire department is established, the chief officer of each special fire protection district created under Part I of this …
La. Rev. Stat. § 40:1566.1 Fire safety inspection
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§1566.1. Fire safety inspection When the fire marshal directs the inspection of a building and the marshal or his authorized agent is refused permission to conduct such inspection, the marshal or his authorized agent may petition the local district court to order that he be allow…
La. Rev. Stat. § 40:1567 Fire departments; fire department identification number; fire reports
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§1567. Fire departments; fire department identification number; fire reports A.(1)(a) Every municipal fire department, fire protection district, and volunteer fire department, as recognized by its local governing authority, shall obtain a fire department identification (FDID) num…
La. Rev. Stat. § 40:1567.1 Fees for copies of fire and investigation reports
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§1567.1. Fees for copies of fire and investigation reports The fire marshal shall furnish copies of fire and investigation reports to any person upon the payment of two dollars per page for fire reports and other reports on letter size paper and five dollars per page for investig…
La. Rev. Stat. § 40:1568 Special investigations of fires of suspicious origin
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§1568. Special investigations of fires of suspicious origin A. The fire marshal shall make or cause to be made a special examination of the circumstances surrounding each fire of suspicious origin and of any fire reported to have been caused by design. B. In the performance of th…
La. Rev. Stat. § 40:1568.1 Investigation
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§1568.1. Investigation The fire marshal shall order a special investigation of any fire resulting in any human death within this state. Acts 1974, No. 235, §2; Acts 2003, No. 290, §1.
La. Rev. Stat. § 40:1568.2 Investigation of fires; duty to disclose by insurance companies, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association and the Louisiana Insurance Underwriting A
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§1568.2. Investigation of fires; duty to disclose by insurance companies, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association and the Louisiana Insurance Underwriting Association; protection from liability A.(1) In the course of an examina…
La. Rev. Stat. § 40:1569 Repealed by Acts 1999, No
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§1569. Repealed by Acts 1999, No. 173, §2, eff. June 9, 1999.
La. Rev. Stat. § 40:1570 Examination of premises; searches and seizures
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§1570. Examination of premises; searches and seizures The fire marshal or his authorized representative may, at all times of day or night, in the performance of the duties imposed by the provisions of this Part, enter upon and examine any building or premises where any fire has o…
La. Rev. Stat. § 40:1571 Investigations may be private
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§1571. Investigations may be private All investigations held by or under the direction of the fire marshal or his authorized representative may, in his discretion, be private. Persons other than those required to be present by the provisions of this Part may be excluded from the …
La. Rev. Stat. § 40:1572 Separation of witnesses
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§1572. Separation of witnesses In investigations held by or under the direction of the fire marshal or his authorized representative, witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.
La. Rev. Stat. § 40:1573 Definitions
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§1573. Definitions For the purposes of this Part, the term: (1) "Movable" means any movable facility or enclosure in which fifty or more people may assemble. (2) "One- or two-family dwelling" means a building containing not more than two dwelling units in which one or each dwelli…
La. Rev. Stat. § 40:1573.1 Historic buildings renovation initiative
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§1573.1. Historic buildings renovation initiative A. In order to encourage historic preservation and the preservation of Louisiana's architectural heritage, when applying the requirements of the adopted fire, life safety, or accessibility regulations and when implementing the app…
La. Rev. Stat. § 40:1574 Construction or repair of structures
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§1574. Construction or repair of structures A. No structure, watercraft, or movable shall be constructed until building plans and specifications therefor have been submitted to and reviewed by the fire marshal and appear to him to satisfactorily comply with the laws, rules, regul…
La. Rev. Stat. § 40:1574.1 Costs of handling plans
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§1574.1. Costs of handling plans A. In addition to a postage and handling fee of five dollars, the owner of the project who submits the plans and specifications shall pay to the office of state fire marshal, code enforcement and building safety a plan review or document fee based…
La. Rev. Stat. § 40:1575 Inspection of premises; orders for repair or removal of dangerous conditions
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§1575. Inspection of premises; orders for repair or removal of dangerous conditions A. 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 structure, watercraft, or movable wit…
La. Rev. Stat. § 40:1576 Service of order
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§1576. Service of order Any order for removal or remedying issued pursuant to R.S. 40:1575 may be served upon the occupant of the premises to which it is directed by delivering a copy to the occupant personally or by registered or certified mail, or to any person in charge of the…
La. Rev. Stat. § 40:1577 Appeal from order
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§1577. Appeal from order When an order is made by one of the deputies or representatives of the fire marshal, the owner or occupant of the building or premises may, within three days, appeal to the fire marshal. The fire marshal shall, within five days, review the order and advis…
La. Rev. Stat. § 40:1578 Compliance with order
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§1578. Compliance with order If no review is requested of or an appeal taken from an order of the fire marshal or an authorized representative, the order shall be complied with immediately, or within the period specified in the order, by the owner or occupant of the premises or b…
La. Rev. Stat. § 40:1578.1 Board of review
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§1578.1. Board of review A. A board of review shall be established to evaluate alternatives to fire prevention or protection laws and regulations established by the fire marshal when a request of review is properly submitted. The board of review shall not have the power to waive …
La. Rev. Stat. § 40:1578.2 Appeal to board
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§1578.2. Appeal to board If an order of the fire marshal issued pursuant to R.S. 40:1578.6 or R.S. 40:1615.141 is appealed to the board of review, except as is provided in R.S. 40:1578.3, the order shall be suspended without posting of security until such time as the board render…
La. Rev. Stat. § 40:1578.3 Emergency closure during appeal
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§1578.3. Emergency closure during appeal The fire marshal may bring a summary proceeding in accordance with the provisions of Code of Civil Procedure Articles 2591 through 2596 in the district court which has jurisdiction over the structure or movable to require closure of such d…
La. Rev. Stat. § 40:1578.4 If no appeal taken
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§1578.4. If no appeal taken If an order appealable to the board of review is issued and appeal is not taken, the owner or occupant must comply with the order within such time as is set in the discretion of the fire marshal after all necessary delays for appeal have expired. Added…
La. Rev. Stat. § 40:1578.5 Appeals from decision of board of review
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§1578.5. Appeals from decision of board of review Any interested person may appeal a decision of the board of review as provided in R.S. 40:1578.1 to a court of competent jurisdiction within five days of the rendering of the decision of the board of review. Added by Acts 1974, No…