La. Admin. Code tit. 34 § III-701

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-701 - Preface

A. Act 537 of 1982 enacted R.S. 38:2212.2 to provide for the demolition of state buildings. The statute prohibits the demolition of state buildings unless the appropriate legislators have been notified and unless disposition has been approved by the Office of Facility Planning and Control (FPC). Following are the procedures adopted and promulgated pursuant to this statute.

1. Any state agency proposing to raze, demolish or otherwise dispose of any building or structure owned by the state of Louisiana (except highways, bridges, and railroads), shall first submit such proposal directly to Facility Planning and Control. The request from the user agency must contain the state building identification number, the reason for the request, pictures of the structure, estimated costs involved, the source of funding, the legislative district where the building is located (both senatorial and representative), and information regarding whether the building has been surveyed for asbestos containing materials.

2. Upon receipt of the properly authorized request from the state agency, Facility Planning and Control will notify the legislators representing the district in which the structure is located. This letter from Facility Planning and Control will identify the building or structure, location, reasons for such action, brief description of the work involved and copies of the pictures. In the event that demolition involves historic properties within the city of Baton Rouge, Facility Planning and Control will also notify the state historic preservation officer as required by R.S. 25:781 through 785. A copy of these letters and the attachments are sent to the Louisiana property assistance agency and to the engineering section of Facility Planning and Control. All recipients of such letters are to be assured that under no conditions shall a request for property disposition be approved by Facility Planning and Control prior to 30 days from the date of the notification letter.

3. After receipt of the letter requesting approval for disposition, a Facility Planning and Control field engineer will make an inspection of the subject building or structure. His report shall include his recommendations regarding disposition, any suggested alternatives or possible use of the structure by other state agencies, and any asbestos abatement activity which may be necessary prior to demolition/disposal.

4. Copies of the field engineer inspection report are sent to the user agency and to the Louisiana Property Assistance Agency. Contents of the report may require a response from the agency.

5. If it is determined by the office of facility planning and control that a building or structure has been damaged as a result of fire, hurricane, or natural disaster and imminent danger is presented to life or property, the director of facility planning and control, division of administration, may approve a request to raze or demolish a building or structure immediately after legislative notification has been issued.

6. If capital outlay funds are to be used for demolition, Facility Planning and Control will authorize contracts to be awarded for the demolition. When the demolition has been completed, Facility Planning and Control will notify the State Land Office and Office of Risk Management so the building can be removed from the statewide building inventory and insurance coverage will be deleted.

7. If other than capital outlay funds are to be used, the user agency will be responsible for demolition of the structure in accordance with state purchasing laws and regulations. When the demolition has been completed the user agency must notify the State Land Office and the Office of Risk Management so the building can be removed from the statewide building inventory and insurance coverage will be deleted.

La. Admin. Code tit. 34, § III-701

Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 20:47 (January 1994), amended LR 32:2048 (November 2006).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1410.