Title 40, Public Health and Safety

0 chapters · 3,334 sections in this title.

3,334 sectionsFiltered byTitle 40

La. Rev. Stat. § 40:1730.42 Definitions
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§1730.42. Definitions (1) "Historic buildings" means those buildings specifically designated as historically significant by the state historic preservation officer or by official action of a local government. (2) "International Energy Conservation Code" means the document develop…
La. Rev. Stat. § 40:1730.43 Purpose
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§1730.43. Purpose It is the intent and purpose of this Part to institute minimum energy conservation standards for new construction and all applicable alterations and repairs of state-owned and state-funded buildings within Louisiana. Acts 2005, No. 91, §1, eff. June 21, 2005; Ac…
La. Rev. Stat. § 40:1730.44 Scope of State Building Energy Conservation Code
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§1730.44. Scope of State Building Energy Conservation Code A. New state buildings constructed in Louisiana shall comply with the State Building Energy Conservation Code. B. The facility planning and control section of the division of administration may modify the specific require…
La. Rev. Stat. § 40:1730.45 Adoption of State Building Energy Conservation Code; enforcement; rules
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§1730.45. Adoption of State Building Energy Conservation Code; enforcement; rules A. The International Energy Conservation Code, 2021 edition, or latest edition promulgated by the Louisiana State Uniform Construction Code Council, as defined by R.S. 40:1730.28(A), with state amen…
La. Rev. Stat. § 40:1730.46 Repealed by Acts 2022, No
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§1730.46. Repealed by Acts 2022, No. 635, §2.
La. Rev. Stat. § 40:1730.47 Repealed by Acts 2022, No
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§1730.47. Repealed by Acts 2022, No. 635, §2.
La. Rev. Stat. § 40:1730.48 Repealed by Acts 2022, No
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§1730.48. Repealed by Acts 2022, No. 635, §2.
La. Rev. Stat. § 40:1730.49 Louisiana major facility project; energy efficiency and conservation; requirements
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§1730.49. Louisiana major facility project; energy efficiency and conservation; requirements A. The office of facility planning and control of the division of administration shall adopt rules and regulations which: (1) Optimize the energy performance of state-funded buildings thr…
La. Rev. Stat. § 40:1730.51 Title
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§1730.51. Title This Part shall be known and may be cited as the "Louisiana Industrialized Building Act". Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:1730.52 Legislative findings
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§1730.52. Legislative findings A. The Legislature of Louisiana finds that, in an effort to meet the building needs within the state, the private construction industry has developed mass production techniques which can substantially reduce construction costs, and the mass producti…
La. Rev. Stat. § 40:1730.53 Definitions
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§1730.53. Definitions As used in this Part, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise: (1) "Account" means the Industrialized Building Program Dedicated Fund Account. (2) "Building code"…
La. Rev. Stat. § 40:1730.54 Rules and regulations
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§1730.54. Rules and regulations The state fire marshal shall provide by rule for registration and regulation of manufacturers or dealers of industrialized buildings. Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:1730.55 Third-party providers
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§1730.55. Third-party providers Third-party providers shall be registered with the council in accordance with R.S. 40:1730.35. Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:1730.56 Standards
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§1730.56. Standards A. Industrialized buildings constructed after January 1, 2007, shall meet or exceed the requirements of the building code and the requirements of the state fire marshal in accordance with R.S. 40:1574 through 1593. B. Industrialized buildings constructed prior…
La. Rev. Stat. § 40:1730.57 Building code enforcement; municipality or parish
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§1730.57. Building code enforcement; municipality or parish A municipality or parish may not require or enforce, as a prerequisite for granting or approving a building or construction permit or certificate of occupancy, any requirement more stringent than the standards provided f…
La. Rev. Stat. § 40:1730.58 Building code amendments
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§1730.58. Building code amendments A. An industrialized building that bears an approved decal or insignia indicating that the building complies with the building code for specific wind zones and that has not been modified or altered shall not be required to comply with an amendme…
La. Rev. Stat. § 40:1730.59 Design review
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§1730.59. Design review To ensure compliance with the building code, the state fire marshal or an approved third-party provider shall review designs, plans, and specifications of industrialized buildings for compliance with the building code. Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:1730.60 Approval of design
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§1730.60. Approval of design Each page of the designs, plans, and specifications shall bear a stamp of approval by the state fire marshal if the designs, plans, and specifications satisfy the requirements set forth in R.S. 40:1730.59. Acts 2007, No. 364, §1; Acts 2009, No. 514, §…
La. Rev. Stat. § 40:1730.61 Equivalent methods of compliance
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§1730.61. Equivalent methods of compliance With reference to the standards and requirements of the building code, the state fire marshal may determine, from an engineering performance standpoint, all questions concerning building code equivalency or alternative materials or metho…
La. Rev. Stat. § 40:1730.62 Inspections
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§1730.62. Inspections A. The state fire marshal may adopt and promulgate rules and regulations regarding procedures for inspecting the construction of industrialized buildings to ensure compliance with approved designs, plans, and specifications. B. To ensure compliance with the …
La. Rev. Stat. § 40:1730.63 Decals or insignia
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§1730.63. Decals or insignia A. The state fire marshal shall provide by rule for the placement of decals or insignia on each transportable modular section or modular component to indicate compliance with the building code. B. The state fire marshal may exempt by rule a constructi…
La. Rev. Stat. § 40:1730.64 Reciprocity
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§1730.64. Reciprocity A. The state fire marshal may authorize an inspection of industrialized buildings constructed in another state to be performed by an inspector of the equivalent regulatory agency of the other state. B. The state fire marshal may authorize an inspection of in…
La. Rev. Stat. § 40:1730.65 Local government authority
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§1730.65. Local government authority A. Local authority is specifically and entirely reserved to a municipality or parish regarding: (1) Land use and zoning requirements. (2) Building setback requirements. (3) Side and rear yard requirements. (4) Site planning and development and…
La. Rev. Stat. § 40:1730.66 State fire marshal; state health officer; authority
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§1730.66. State fire marshal; state health officer; authority A. Nothing in this Part shall be construed to prevent the state fire marshal from enforcing the fire protection, life safety, accessibility, and high-rise laws of this state. B. Nothing in this Part shall be construed …
La. Rev. Stat. § 40:1730.67 Fees
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§1730.67. Fees The state fire marshal may establish by rule, adopted in accordance with the Administrative Procedure Act, reasonable fees in order to implement the provisions of this Part, not to exceed the following: (1) Manufacturer registration, three hundred fifty dollars per…
La. Rev. Stat. § 40:1730.68 Industrialized Building Program Dedicated Fund Account; distribution
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§1730.68. Industrialized Building Program Dedicated Fund Account; distribution A. All proceeds derived from the fees and all amounts received by the secretary from interest, fines, or penalties or any other source pursuant to the provisions of this Part shall be deposited with th…
La. Rev. Stat. § 40:1730.71 Installation of modular housing
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§1730.71. Installation of modular housing A. Installation of a modular home with a value of less than thirty-seven thousand five hundred dollars shall be done pursuant to the Louisiana State Uniform Construction Code. Installation shall be done by a contractor licensed by the Lou…
La. Rev. Stat. § 40:1731 Purposes
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§1731. Purposes A. The legislature hereby finds that the disabled community is denied access to much of the built environment and that this denial of access often prevents the disabled community from exercising their rights and privileges as citizens. Denial of access further imp…
La. Rev. Stat. § 40:1732 RS 40:1732
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§1732 eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026. §1732. Definitions As used in this Part: (1) "ADA" means the Americans with Disabilities (Civil Rights) Act of 1990 (Public Law 101-336). (2) "ADA Standards" means the 2010 Americans with Disabilities Act S…
La. Rev. Stat. § 40:1733 Standards to prevent architectural barriers
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§1733. Standards to prevent architectural barriers The International Building Code Chapter 11-Accessibility, as adopted by the Louisiana State Uniform Construction Code Council in accordance with R.S. 40:1730.28 and requirements therein, including the referenced ICC A117.1 Access…
La. Rev. Stat. § 40:1734 RS 40:1734
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§1734 eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026. §1734. Accessibility features required of new public buildings or facilities; private buildings or facilities; dwelling units; courthouses A. Any new or altered public building or facility or private buildi…
La. Rev. Stat. § 40:1735 RS 40:1735
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§1735 eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026. §1735. Public buildings or facilities or private buildings or facilities to display signs All public and governmental facilities constructed or remodeled in accordance with ADA Standards shall display signs…
La. Rev. Stat. § 40:1736 RS 40:1736
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§1736 eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026. §1736. Obstruction of common or emergency exits prohibited; standards of accessibility; penalty A. Any common or emergency exit on the first floor or ground level of any new or altered public building or fa…
La. Rev. Stat. § 40:1737 Violations; enforcement by fire marshal
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§1737. Violations; enforcement by fire marshal NOTE: Subsection A eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026. A. In cases of practical difficulty or unnecessary hardship, the state fire marshal may, after consultation with Louisiana Rehabilitation Services…
La. Rev. Stat. § 40:1738 Review of plans and specifications before construction begins
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§1738. Review of plans and specifications before construction begins NOTE: Subsections A and B eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026. A. No building permits shall be issued, no state contracts shall be awarded, nor shall any change in new building pla…
La. Rev. Stat. § 40:1739 Repealed by Acts 2011, No
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§1739. Repealed by Acts 2011, No. 398, §2.
La. Rev. Stat. § 40:1740 Enforcement of Part
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§1740. Enforcement of Part NOTE: §1740 until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026. A. For purposes of enforcing this Part, in any instance in which the ADA Standards are not complied with the local building code authorities and the health authorities shall have…
La. Rev. Stat. § 40:1741 Educational program by Louisiana Rehabilitation Services and fire marshal
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§1741. Educational program by Louisiana Rehabilitation Services and fire marshal Subject to appropriation for such purpose, Louisiana Rehabilitation Services and the state fire marshal may provide for educating the public and working with officials of cities, local building code …
La. Rev. Stat. § 40:1742 Parking spaces for certain persons with disabilities
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§1742. Parking spaces for certain persons with disabilities A.(1) Each state agency and political subdivision having jurisdiction over a public facility and each owner or lessee of a private facility shall, in accordance with applicable zoning and building codes, provide and main…
La. Rev. Stat. § 40:1742.1 Additional fine for enforcement of accessible parking regulations
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§1742.1. Additional fine for enforcement of accessible parking regulations In addition to all fines, fees, costs, and punishment authorized for violation of accessible parking regulations, any parish or municipality which institutes a formal accessible parking enforcement program…
La. Rev. Stat. § 40:1742.2 Local variances in accessible parking restrictions
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§1742.2. Local variances in accessible parking restrictions A.(1) The legislature finds that providing sufficient accessible parking spaces for use by both employees and visitors to public or private buildings or facilities, as defined in R.S. 40:1732, is essential to protecting …
La. Rev. Stat. § 40:1743 Penalties
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§1743. Penalties Any person who violates, or fails to comply with, the provisions of this Part except those violations under R.S. 40:1742(B) shall be subject to penalties described in R.S. 40:1621. Added by Acts 1977, No. 625, §1. Acts 1995, No. 880, §1.
La. Rev. Stat. § 40:1744 Compliance with ADA
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§1744. Compliance with ADA Nothing in this Part shall be construed to relieve any person of his responsibility to comply with the ADA. Added by Acts 1977, No. 625, §1. Acts 1995, No. 880, §1.
La. Rev. Stat. § 40:1745 Repealed by Acts 1995, No
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§1745. Repealed by Acts 1995, No. 880, §2.
La. Rev. Stat. § 40:1746 Repealed by Acts 1995, No
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§1746. Repealed by Acts 1995, No. 880, §2.
La. Rev. Stat. § 40:1748 Access to government services
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§1748. Access to government services A. Each state agency and political subdivision having jurisdiction over buildings where government services are provided to the public shall provide for equal access to such services by persons with physical disabilities. A consumer of such go…
La. Rev. Stat. § 40:1749 Access to restrooms
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§1749. Access to restrooms A. The provisions of this Section shall apply to those buildings or structures commonly referred to as shopping malls. As used in this Section, the term "shopping mall" means any building or structure which contains multiple units which are used or inte…
La. Rev. Stat. § 40:1749.1 Asbestos and hazardous component materials detection program established; finding and purpose; rules; duties and responsibilities; definitions; exceptions
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§1749.1. Asbestos and hazardous component materials detection program established; finding and purpose; rules; duties and responsibilities; definitions; exceptions A. The legislature finds that friable asbestos containing materials and other hazardous component materials in any e…
La. Rev. Stat. § 40:1749.11 Short title; purpose
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§1749.11. Short title; purpose A. This Part shall be known and may be cited as the "Louisiana Underground Utilities and Facilities Damage Prevention Law". B. It is the public policy of this state to promote the protection of property, workmen, and citizens in the immediate vicini…
La. Rev. Stat. § 40:1749.12 Definitions
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§1749.12. Definitions As used in this Part, the following terms have the meanings ascribed to them in this Section: (1) "Agricultural excavator" means a person who owns or operates a farm and is directly involved in the cultivation of land or crops or who raises livestock. (2) "C…