La. Public Health and Safety § 40:1730.26

Current with changes from the 2024 Legislative Session

Section 40:1730.26 - Adoption and promulgation of certain building codes and standards as State Uniform Construction Code; procedures

The council shall review, adopt, modify, and promulgate the building codes referenced in R.S. 40:1730.28 and 1730.28.1, provided that:

(1) The council shall promulgate rules and regulations to modify portions of the State Uniform Construction Code referenced in R.S. 40:1730.28 of this Part pursuant to the provisions of the Administrative Procedure Act, R.S. 49:950 et seq. Such rules and regulations may include, but not be limited to use of certain mapping systems regarding soil testing.

(2)

(a) The council shall promulgate rules and regulations to adopt portions of the State Uniform Construction Code referenced in R.S. 40:1730.28.1 pursuant to the procedures established by the Administrative Procedure Act, R.S. 49:950 et seq. Notwithstanding the provisions of R.S. 49:966(B)(12), the Senate Committee on Commerce, Consumer Protection, and International Affairs; the Senate Committee on Health and Welfare, the House Committee on Commerce; and the House Committee on Health and Welfare, shall have oversight of the initial adoption of the portions of the State Uniform Construction Code referenced in R.S. 40:1730.28.1.

(b) The Senate Committee on Commerce, Consumer Protection, and International Affairs and the House Committee on Commerce shall receive notice of intent to modify portions of the State Uniform Construction Code and shall have oversight of any such modifications pursuant to the provisions of the Administrative Procedure Act.

(3)

(a) The council shall review, evaluate, and update the State Uniform Construction Code no later than five years from the date of publication of the appropriate code as provided for in R.S. 40:1730.28. The council shall submit the updated State Uniform Construction Code to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs for oversight and approval. Additionally, the council shall provide the members of each house of the legislature a summary of the major proposed changes to the International Residential Code at the time of submission to the oversight committees.

(b) The council shall have the authority to suspend the five-year deadline as referenced in Subparagraph (a) of this Paragraph for a period of up to one year due to extraordinary circumstances.

(c) "Extraordinary circumstances" means a federally declared disaster, a gubernatorially declared disaster or emergency, a pandemic, or other acts of God.

(4) The council shall, pursuant to the Administrative Procedure Act, adopt or modify, or both, provisions of the State Uniform Construction Code to satisfy the requirements of any consent decree or order relative to maintaining or building a public sewage system which is entered in a federal court of competent jurisdiction. Such provisions shall specify in which municipalities or parishes the rules and regulations adopted pursuant to this Paragraph shall apply.

La. Public Health and Safety § 40:1730.26

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2007, No. 335, §1, eff. July 9, 2007; Acts 2008, No. 484, §1; Acts 2009, No. 501, §1; Acts 2013, No. 390, §1, eff. Jan. 1, 2014; Acts 2014, No. 836, §1, eff. June 23, 2014; Acts 2022, No. 160, §1.

Amended by Acts 2022, No. 160,s. 1, eff. 8/1/2022.

Amended by Acts 2014, No. 836,s. 1, eff. 6/23/2014.

Amended by Acts 2013, No. 390,s. 1, eff. 1/1/2014.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. 11/29/2005; Acts 2007, No. 335, §1, eff. 7/9/2007; Acts 2008, No. 484, §1; Acts 2009, No. 501, §1.