Louisiana § RS 40:1730.39 - Powers of state fire marshal

§ RS 40:1730.39. Powers of state fire marshal

NOTE: Paragraph (A)(1) eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

            A.(1) The state fire marshal may establish contract agreements with municipalities and parishes in order to provide code enforcement on behalf of the municipality or parish as provided in R.S. 40:1730.24 of this Part.

NOTE: Paragraph (A)(1) eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

            A.(1) The state fire marshal may enter into agreements by letter of intent with municipalities and parishes in order to provide code enforcement on behalf of the municipality or parish as provided in R.S. 40:1730.24.

            (2)(a) The agreement may include a provision that permits the state fire marshal to take into consideration practical and unreasonable economic hardships before applying the strict requirements of this Part. Pursuant to the contractual agreement with a municipality or parish executed in accordance with the provisions of this Subsection and upon appeal of the professional of record for a plan review of a structure, except one- or two-family dwellings, the state fire marshal may allow alternative materials, design, and methods of construction and equipment that comply with the provisions of the International Building Code, Chapter 1-Scope and Administration, relative to alternative materials, design, and methods of construction and equipment.

            (b) The state fire marshal may adopt, in accordance with the Administrative Procedure Act, the provisions set forth in the International Building Code, Chapter 1-Scope and Administration, relative to alternative materials, design, and methods of construction and equipment.

            B. Nothing in this Part shall be construed so as to prevent the state fire marshal from enforcing the fire protection, life safety, accessibility, and high rise laws of this state, the enforcement of which are his statutory and regulatory responsibility.

NOTE: Subsection C eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

            C. Nothing in this Part shall be construed so as to prevent the state fire marshal from enforcing the Commercial Building Energy Conservation Code as provided in R.S. 40:1730.41 et seq.

NOTE: Subsection C eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

            C. The fire marshal shall enforce the fire protection, egress, and accessibility provisions of the Louisiana State Uniform Construction Code, excluding the provisions for one- and two-family dwellings, with referenced standards as adopted by the council in accordance with R.S. 40:1730.28.

            Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 364, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.