§ 40:1646 — State fire marshal; owners; life safety systems and equipment inspections; penalties;

§1646. 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.
B.(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)(a) The provisions of this Subsection shall not apply to the owner of a building
with two stories occupied by a single tenant wherein employees of the tenant are regularly
inside of the building. 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.
NOTE: Subparagraph (B)(2)(b) eff. July 1, 2028. See Acts 2025, No. 297.
(b) The owner of a building described in this Paragraph shall cause, at a minimum,
a full-load 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.
(3) The owner of any building containing a conveyance device shall cause at a
minimum an annual inspection and certification, as outlined in Paragraph (1) of this
Subsection, to be physically witnessed by an inspector appointed by the fire marshal.
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.
E.(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.(1) The provisions of this Subsection apply only to inspections of conveyance
devices.
(2) 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.
(3) When the fire marshal receives a report from an inspector licensed by the office
that a conveyance device is 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.
(4) 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.
(5) The fire marshal may promulgate rules and regulation in accordance with the
Administrative Procedure Act to implement to provisions of this Subsection.
H. This Section shall not apply to private outdoor recreational structures pursuant
to R.S. 40:1730.30.
NOTE: See Acts 2025, No. 297, §7 regarding superseding of Acts 2018, No. 598.
NOTE: See Acts 2025, No. 297, §8 regarding superseding of Acts 2018, No. 598; Acts
2020, No. 339; Acts 2024, No. 753.

Legislative History

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; Acts 2024, No. 753, §1, eff. June 19, 2024; Acts 2025, No. 297, §1, eff. See Act.