§ 30:2195.12 — Alternate generated power capacity for motor fuel dispensing facilities

Louisiana § 30:2195.12

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§2195.12. Alternate generated power capacity for motor fuel dispensing facilities
A. As used in this Section, the following terms and phrases shall have the following
meanings unless the context clearly indicates otherwise:
(1) "Completely rebuilt motor fuel retail outlet" means a newly constructed outlet
built after the previous outlet on the same site has been completely razed.
(2) "Retail outlet" means a facility, including land and improvements, where motor
fuel is offered for sale, at retail, to the motoring public.
(3) "Sale" or "sell" means any transfer, gift, sale, offer for sale, or advertisement for
sale in any manner or by any means whatsoever, including any transfer of motor fuel from
a person to itself or an affiliate at another level of distribution, but does not include product
exchanges at the wholesale level or distribution.
B. A newly constructed or completely rebuilt motor fuel retail outlet for which a
certificate of occupancy is issued on or after October 1, 2009, shall be prewired with an
appropriate transfer switch, and capable of operating all fuel pumps, dispensing equipment,
life safety systems, and payment-acceptance equipment using an alternate generated power
source. Installation of appropriate wiring and transfer switches shall be performed by a
certified electrical contractor. Local building inspectors shall include this equipment and
operations check in the normal inspection process before issuing a certificate of occupancy.
Each retail outlet that is subject to this Subsection shall retain a copy of the certificate of
occupancy on-site or at its corporate headquarters. In addition, each retail outlet shall keep
a written statement attesting to the periodic testing of ensured operational capability of the
equipment in accordance with the manufacturer's specifications. The required documents
shall be made available, upon request, to the Governor's Office of Homeland Security and
Emergency Preparedness and the parish office of homeland security and emergency
preparedness for the parish in which the outlet is located.
C. The provisions of this Section shall apply to newly constructed or completely
rebuilt motor fuel retail outlets in the areas of the state located within the boundaries of the
parishes of Beauregard, Allen, Evangeline, St. Landry, Pointe Coupee, West Feliciana, East
Feliciana, St. Helena, Tangipahoa, and Washington and all parishes located south thereof.
D.(1) The provisions of this Section shall apply to any self-service, full-service, or
combination self-service and full-service motor fuel retail outlet regardless of whether the
retail outlet is located on the grounds of, or is owned by, another retail business
establishment that does not engage in the business of selling motor fuel.
(2) The provisions of this Section shall not apply to automobile dealers, persons who
operate a fleet of motor vehicles, or persons who sell motor fuel exclusively to a fleet of
motor vehicles.
E. Repealed by Acts 2022, No. 277, §2.

Legislative History

Acts 2009, No. 527, §1, eff. July 10, 2009; Acts 2016, No. 521, §1; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2022, No. 277, §§1, 2.