§ 40:1730.22 — Louisiana State Uniform Construction Code Council; membership; function of

Louisiana § 40:1730.22

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1730.22. Louisiana State Uniform Construction Code Council; membership; function of
council; meeting requirements; immunity
A.(1) The Louisiana State Uniform Construction Code Council, hereinafter in this
Part referred to as the "council", is hereby created and shall consist of seventeen members
as follows:
(a) The fire marshal or his designee.
(b) Two building code enforcement officers registered with the Louisiana State
Uniform Construction Code Council.
(c) One member who shall have had the greater part of their professional experience
as licensed electrician or licensed plumber.
(d) One member who shall have had the greater part of his professional experience
as a licensed mechanical engineer.
(e) Two members each of whom shall have had the greater part of his professional
experience as a licensed architect, one of whom shall be a member of the American Institute
of Architects of Louisiana.
(f) One member who shall have had the greater part of his professional experience
as a licensed structural engineer.
(g) One member representing the Louisiana Home Builders Association.
(h) One member representing the Associated Builders and Contractors.
(i) One member who shall have had the greater part of his professional experience
as a licensed residential contractor.
(j) One member who shall have had the greater part of his professional experience
as a licensed commercial contractor and who is a member of the Louisiana Associated
General Contractors.
(k) One member who shall have had the greater part of his professional experience
in the insurance industry.
(l) One member representing the Building Officials Association of Louisiana.
(m) One member representing the Louisiana Building Code Alliance.
(n) Two members at-large.
(2) With the exception of the fire marshal or his designee, who shall serve by virtue
of his position, each member of the council shall be appointed by the governor, subject to
Senate confirmation, and shall serve at the pleasure of the governor. With the exception of
the fire marshal or his designee, each term for a member of the council shall be four years
where a member shall serve no more than two consecutive terms. Each member of the
council shall serve without compensation but may be reimbursed for actual expenses and
mileage incurred while attending council meetings in accordance with state travel regulations
promulgated by the division of administration. The executive director shall have the
authority to use the board funds for the operations of the Louisiana State Uniform
Construction Code Council.
B. A vacancy must be filled in the manner of the original appointment.
C. The primary function of the council is to review and adopt the State Uniform
Construction Code, provide for training and education of code officials, and accept all
requests for amendments of the code. Specifically, the council shall establish the
requirements and process for the certification and continuing education of code enforcement
officers, code enforcement inspectors, and building officials and determine if any
amendments to the State Uniform Construction Code are justified. If the council determines
that an amendment is justified, it may enact such an amendment after a finding on the record
that the modification provides a reasonable degree of public health, safety, affordability, and
welfare. The council shall adopt rules in accordance with the Administrative Procedure Act
in order to implement the provisions of this Part.
D.(1) The council shall elect from its members a chairman and vice chairman. The
council shall adopt regulations under the Administrative Procedure Act in order to implement
the provisions of this Part. A meeting may be called by the chairman on his own initiative
and must be called by him at the request of three or more members of the council within
fourteen days of such request. Each member shall be notified by the chairman in writing of
the time and place of the meeting at least seven days before the meeting. Each meeting shall
be open to the public and any official decision of the council may be made only by a vote of
at least two-thirds of those members in attendance at the meeting provided that a quorum is
established prior to a vote. A majority of members of the council shall constitute a quorum.
(2) The domicile of the council shall be East Baton Rouge Parish. The council shall
meet bi-monthly in East Baton Rouge Parish, unless directed to meet more often by the
chairman.
(3) The governor may remove any member of the council for cause or at the request
of the chairman for failure to attend more than half of regularly scheduled meetings within
a twelve-month period.
E. The council and its members shall be immune from personal liability for actions
taken in good faith in the discharge of their responsibilities. The state shall hold the council
and its members harmless from all costs, damages, and attorney fees arising from claims and
suits against them with respect to matters to which such immunity applies.
F.(1) Training and technical assistance in the implementation of the Louisiana State
Uniform Construction Code residential and commercial building energy code provisions
shall be the responsibility of the technology assessment division of the Department of
Conservation and Energy in collaboration with the council, as provided for in Subsection C
of this Section.
(2) The technology assessment division of the Department of Conservation and
Energy shall continue training and technical assistance as funding allows.
G. The executive director of the State Licensing Board for Contractors shall serve
as the executive director of the council and shall not have voting privileges.
H. Notwithstanding any other provisions to the contrary and to the extent deemed
necessary or appropriate for the efficient implementation of its responsibilities under this
Chapter, the State Licensing Board for Contractors is hereby vested with the authority to
delegate its powers and duties to its staff. The executive director shall have the authority to
designate the board's staff to the Louisiana State Uniform Construction Code Council as
needed.
NOTE: See Acts 2025, No. 120, §4 regarding superseding of Acts 2024, No. 534.

Legislative History

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2007, No. 335, §1, eff. July 9, 2007; Acts 2008, No. 207, §1; Acts 2008, No. 484, §1; Acts 2008, No. 830, §1; Acts 2014, No. 836, §1, eff. June 23, 2014; Acts 2014, No. 836, §3, eff. Jan. 1, 2016; Acts 2022, No. 635, §1; Acts 2023, No. 150, §14, eff. Jan.10, 2024; Acts 2024, No. 534, §1, eff. July 1, 2026; Acts 2025, No. 120, §2.