La. Admin. Code tit. 55 § V-2703

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

Section V-2703 - Administration and State Fire Marshal Authority

A. Forms. A manufacturer's application for registration, a dealer's application for registration, a plan review application, a decal request form, and a decal disposition report per §2727 herein shall be submitted on forms provided by the State Fire Marshal.

B. Registration. The State Fire Marshal shall register manufacturers and dealers in accordance with this chapter. All registrations and approvals granted by the State Fire Marshal pursuant to §2705 and §2707 herein are subject to revocation for failure to adhere to these rules, as provided for in §2729 herein.

C. Third-Parties. Third-parties shall be properly registered with the council for the type of project he or she will inspect.

1. Monitoring. The State Fire Marshal, through his employees or his designated performance auditors, shall monitor the performance of manufacturers, dealers, and third-parties.

2. Auditing. Each registered manufacturer shall be subject to a performance audit at a minimum of once every three years. Unannounced visits to manufacturing facilities may be utilized unless impractical. Information obtained through monitoring shall remain confidential to the extent permitted by law. Manufacturers shall provide the auditor access to records, facilities and personnel as requested by the auditor. The auditor shall collect information through interviews, examination of documents and observation of activity to determine whether the manufacturer complies with the applicable codes and standards. Any determination of nonconformance with any applicable provision shall be reported to the manufacturer. The report shall identify the facts that support the finding of nonconformity and recommend corrective action. The State Fire Marshal shall determine the appropriate corrective action subject to the requirements of §2729 herein.

3. Oversight. The manufacturer shall be responsible for correcting code violations. The State Fire Marshal shall make an independent determination regarding the existence of a violation. The State Fire Marshal may allow a third-party to investigate complaints and notify the State Fire Marshal regarding the existence of a code violation and disposition thereof.

4. Permits. In accordance with the requirements set forth in R.S. 40:1730.63(A) and 1730.65.C(3). 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. A parish or municipal building official is authorized to require, in accordance with these rules, that all modules or modular components bear an approved decal. As such, no governmental subdivision in the state of Louisiana shall issue any building permit for installation of an industrialized building unless the building contains a valid decal issued in accordance with §2723 herein.

5. Occupancy. In accordance with the requirements set forth in R.S. 40:1730.56(A) and (B), industrialized buildings constructed after January 1, 2007 shall meet or exceed the requirements of the building code and the State Fire Marshal in accordance with R.S. 40:1574 through 1593. Occupancy of any structure found in violation of the law and these rules will not be granted by the State Fire Marshal as provided for in LAC 55:V:307-309 until compliance can be verified.

La. Admin. Code tit. 55, § V-2703

Promulgated by the Department of Public Safety and Corrections, Office of the State Fire Marshal Code Enforcement and Building Safety, LR 35:2469 (November 2009), amended LR 36:1021 (May 2010).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1730.51 through 1730.66.