La. Public Health and Safety § 40:1646

Current with operative changes from the 2024 Third Special Legislative Session

Section 40:1646 - [Effective 7/1/2040] State fire marshal; owners; life safety systems and equipment inspections; penalties; exceptions

A. The fire marshal or his designated representative is authorized to cause the inspection, certification, and testing of all life safety systems and equipment in the state, whether in public or private buildings, upon receipt of a complaint, during installation, or after installation to determine compliance with applicable codes, standards, and manufacturer specifications.

(1) Except as provided in Paragraph (2) of this Subsection, the owner of any building containing a life safety system and equipment, or the owner's designated representative, shall cause at a minimum an annual inspection and certification to be made of the life safety system and equipment in that building to assure compliance with applicable safety standards and to determine whether structural changes in the building or in the contents of the building mandate alteration of a system.

(2) The owner of a building with two stories occupied by a single tenant wherein employees of the tenant are regularly inside the building shall cause, at a minimum, a safety test of the conveyance device in five-year intervals to assure compliance with applicable safety standards and to determine whether structural changes in the building or in the contents of the building mandate alteration of the conveyance device. The building described in this Paragraph shall not be construed to include a one- or two-family dwelling as defined in R.S. 40:1573 or a townhouse. For the purposes of this Paragraph, the term "townhouse" means a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on not less than two sides.

C. Life safety systems and equipment includes but is not limited to fire sprinkler, fire alarm, fire suppression, special locking systems and equipment, portable fire extinguishers, and conveyance devices.

D. The installing contractor of new life safety systems and equipment shall be on-site for the final inspection by the fire marshal or his designated representative.

(1) Whenever the inspecting officer finds that the owner has failed to comply with the provisions of this Section, he shall order the owner to comply with the requirements of this Section.

(2) Whenever the inspecting officer finds life safety systems and equipment to be inoperable or not in compliance with applicable safety standards, the inspecting officer shall order the owner to have the life safety systems and equipment inspected and brought into compliance with applicable safety standards.

(3)

(a) Whoever fails to comply with an order issued by the fire marshal may be issued a first warning and ordered to comply with the initial order.

(b) Whoever fails to comply with a second order issued by the fire marshal may be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

(4) The fire marshal may authorize a fire prevention bureau to enforce the provisions of this Section. Nothing in this Section shall be construed to prevent the fire marshal from enforcing the provisions of R.S. 40:1621.

F. A licensed conveyance device mechanic shall be onsite for the final acceptance inspection by a conveyance device inspector.

G. The provisions of this Subsection apply only to inspections of conveyance devices.

(1) When the fire marshal finds that the owner has failed to comply with the provisions of this Section, he shall order the owner's compliance.

(2) When the fire marshal finds a conveyance device to be inoperable or not in compliance with applicable safety standards, he shall order the owner to have the conveyance device inspected and brought into compliance with applicable safety standards.

(3) Whoever fails to comply with an order issued by the fire marshal shall be first issued a warning and ordered to comply with such order.

La. Public Health and Safety § 40:1646

Acts 1991, No. 664, §1; Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2009, No. 130, §1; Acts 2018, No. 92, §1; Acts 2018, No. 598, §1, see Act; Acts 2020, No. 339, §1, eff. June 13, 2020, §2, eff. July 1, 2024, see Act.

Amended by Acts 2024, No. 753,s. 1, eff. 6/19/2024.