La. Public Health and Safety § 40:1730.33

Current with changes from the 2024 legislative session effective on or before 7/1/2024, from Acts 2,3, 6-535, and 580-647

Section 40:1730.33 - Codes applicable to building inspections

A. Notwithstanding any other law to the contrary, an inspector shall conduct a building inspection using the requirements of the codes in effect for the locality on the date of the issuance of the original building permit when performing inspections on residential structures for the purposes of allowing occupancy and reconnecting utilities. When conducting inspections to allow occupancy or reconnecting utilities to an existing residential structure, the intent of the inspection is to ascertain the general safety of the structure and its appropriateness for occupancy.

(1) If no date of issuance of an original building permit can be found, an inspector shall conduct the inspection using the requirements of the codes in effect on the date of submission of the original building permit application.

(2) If no date of application for, or date of issuance of, the original building permit is available, the building official of the applicable parish planning and development service or similar agency shall use court records and other available documents, such as transfer of property records, mortgage records, tax records, or rent records, to ascertain the nearest date possible to the issuance of the original building permit. If the building official is able to determine a date pursuant to the requirements of this Paragraph, an inspector shall conduct the inspection using the requirements of the codes in effect on the date established by the building official.

(3) If ambiguity exists after attempting to determine an applicable date under Paragraphs (1) and (2) of this Subsection, an inspector shall conduct an inspection using the requirements of the least restrictive codes in effect during the period of time beginning one calendar year prior to and ending one calendar year subsequent to the earliest recorded date of transfer of the property to be inspected.

B. Nothing in this Section shall be construed to authorize an inspector to have or use discretion in determining what codes shall apply to an inspection pursuant to this Part.

La. Public Health and Safety § 40:1730.33

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2022, No. 705, §1.

Amended by Acts 2022, No. 705,s. 1, eff. 8/1/2022.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. 11/29/2005.