§ 40:1730.23 — Enforcement of building codes by municipalities, parishes, and the fire marshal

Louisiana § 40:1730.23

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

Text

NOTE: Heading of §1730.23 eff. until July 1, 2026. See Acts 2024, No. 534.
§1730.23. Enforcement of building codes by municipalities and parishes
NOTE: Heading of §1730.23 as amended by Acts 2024, No. 534, eff. July 1, 2026.
§1730.23. Enforcement of building codes by municipalities, parishes, and the fire marshal
NOTE: Subsection A eff. until July 1, 2026. See Acts 2024, No. 534.
A. Notwithstanding any other law to the contrary relating to the authority of local
governments to enforce construction codes, all municipalities and parishes in this state shall
enforce only the construction codes provided for in this Part. All municipalities and parishes
shall use building code enforcement officers or certified third-party providers contracted by
the municipality, parish, or regional planning commission to act in the capacity of a building
code enforcement officer to enforce the provisions of this Part. Enforcement procedures by
building code enforcement officers or third-party providers acting in the capacity of a
building code enforcement officer shall include examination or review of plans, drawings,
or specifications; the conducting of inspections; and the issuance, denial, or revocation of
permits. A building code enforcement officer, third-party provider, or third-party provider
contracted by a jurisdiction as provided for in R.S. 40:1730.24(A) shall not conduct plan
review or inspections on a commercial or residential structure if such officer or provider
owns any interest in the legal entity that constructed such commercial or residential structure
or receives any compensation from the legal entity other than the fees that are charged for
plan review or inspections. Nothing in this Subsection shall be construed to prevent a
commercial or residential contractor or homeowner from using a third-party provider as
provided for in R.S. 40:1730.24(B). Nothing in this Subsection shall be construed to prevent
a commercial contractor or commercial owner from using the office of state fire marshal as
a third-party provider as provided for in R.S. 40:1730.24(B) on commercial structures in any
parish within the state with a population of less than forty thousand and whose boundaries
lie completely north of the one hundred ten mile per hour wind line, as shown in the
American Society of Civil Engineers (ASCE-7) basic wind speeds map published in the
latest edition of the International Building Code.
NOTE: Subsection A as amended by Acts 2024, No. 534, eff. July 1, 2026.
A.(1) Notwithstanding any other law to the contrary relating to the authority of local
governments to enforce construction codes, all municipalities and parishes in this state shall
enforce only the construction codes provided for in this Part. All municipalities and
parishes shall use building code enforcement officers or certified third-party providers
contracted by the municipality, parish, or regional planning commission to act in the
capacity of a building code enforcement officer to enforce the provisions of this Part.
Enforcement procedures by building code enforcement officers or third-party providers
acting in the capacity of a building code enforcement officer shall include examination or
review of plans, drawings, or specifications; the conducting of inspections; and the issuance,
denial, or revocation of permits. A building code enforcement officer, third-party provider,
or third-party provider contracted by a jurisdiction as provided for in R.S. 40:1730.24(A)
shall not conduct plan review or inspections on a commercial or residential structure if such
officer or provider owns any interest in the legal entity that constructed such commercial or
residential structure or receives any compensation from the legal entity other than the fees
that are charged for plan review or inspections. Nothing in this Paragraph shall be
construed to prevent a commercial or residential contractor or homeowner from using a
third-party provider as provided for in R.S. 40:1730.24(B). Nothing in this Paragraph shall
be construed to prevent a commercial contractor or commercial owner from using the office
of state fire marshal as a third-party provider as provided for in R.S. 40:1730.24(B) on
commercial structures in any parish within the state with a population of less than forty
thousand and whose boundaries lie completely north of the one hundred ten mile per hour
wind line, as shown in the American Society of Civil Engineers (ASCE-7) basic wind speeds
map published in the latest edition of the International Building Code.
(2) Nothing in this Section shall be construed to prevent the fire marshal from
enforcing the fire protection, egress, and accessibility provisions of the Louisiana State
Uniform Construction Code, excluding the provisions for one- and two-family dwellings, as
adopted by the council in accordance with R.S. 40:1730.28.
B. Nothing in this Part shall conflict with the Federal Department of Housing and
Urban Development's regulations regarding manufactured housing construction or the
provisions of R.S. 51:912.21 et seq., as it relates to manufactured housing installation.
Further, it is the intent of the legislature that any service, renovation, repair, or warranty work
performed on a manufactured home shall be handled under the appropriate federal standards
governing manufactured housing construction or state standards governing installation, and
all such work be under the jurisdiction of the Louisiana Manufactured Housing Commission.
Additionally, the exemption for manufactured housing provided for in this Subsection shall
extend to and include driveways, steps, decks, or other similar accessory structures or work,
but shall not include any additional living area or other type of heated and cooled space
outside of the original footprint of the manufactured home.
C. In connection with the construction of any building, structure, or other
improvement to immovable property, neither the performance of any enforcement procedure
nor any provision of a building code shall constitute or be construed as a warranty or
guarantee by a governmental enforcement agency as to durability or fitness, or as a warranty
or guarantee by a governmental enforcement official or a third-party provider who contracts
with a municipality or parish as provided for in R.S. 40:1730.24(A), that said building,
structure, or other improvement to immovable property or any materials, equipment, or
method or type of construction used therein is or will be free from defects, will perform in
a particular manner, is fit for a particular purpose, or will last in any particular way. In the
enforcement of any provision of a construction code provided for in this Part, or any
regulations governed by R.S. 33:4771 et seq., the performance or non-performance of any
procedure by a governmental enforcement agency, contract employee, or official shall be
deemed to be a discretionary act and shall be subject to the provisions of R.S. 9:2798.1.
D.(1) Notwithstanding any provision of Title 33 of the Louisiana Revised Statutes
of 1950 or any other law to the contrary, no municipality or parish shall require that
residential building plans for one and two family dwellings be prepared or stamped by a
certified architect or engineer if the dwelling falls within the prescriptive standards of the
latest edition of the International Residential Code or its referenced amendments as provided
for in R.S. 40:1730.28.
(2) The provisions of this Section shall be effective for both the duration of the
emergency wind and flood mitigation provisions as provided for in R.S. 40:1730.27 and after
this Part becomes effective statewide as provided for in R.S. 40:1730.28(B).
E.(1) Upon receipt of the certificate of occupancy issued by a local building official
or third-party provider for a new residential construction, a lender who provides a residential
mortgage loan for the purchase of such new residential construction shall file a copy of the
certificate of occupancy in the conveyance records of the parish where the new residential
construction is located. Failure of the lender to file such document in the local conveyance
records shall not invalidate the legal effects of any transaction related to that property,
including but not limited to the construction, purchase, sale, or transfer of title of the new
residential construction.
(2) The homeowner of the new residential construction shall provide the lender a
copy of the certificate of occupancy.
(3) Any lender that files a copy of the certificate of occupancy in the local
conveyance records pursuant to the provisions of this Subsection shall be entitled to assess
a reasonable charge to the borrower for all costs associated with the filing of the certificate,
not to exceed the amount charged by that parish for filing such documents.
(4) If the provisions of this Chapter cease to be enforced in a parish, the provisions
of this Section shall become null and void in that parish.
F. Municipalities and parishes in areas where windblown debris storm shutters are
required by the state uniform construction code may allow occupancy upon receipt of an
affidavit from the property owner stating that the owner has ordered the shutters and will
install the shutters upon receipt. The shutters shall be installed within ninety days of
occupancy. During the ninety-day period, the owner shall notify the parish or municipality
that the shutters have been installed and a final inspection by the parish or municipality shall
be made to verify that the shutters were installed.
G. Any municipality or parish which issues a permit for construction pursuant to this
Part shall provide a list of registered certified building inspectors to the applicant for the
permit at the time the permit is issued.
H. A parish or municipality may accept determinations made by the state fire marshal
as they pertain to life safety and fire protection as required in this Part.
I. The building official for the parish, municipality, or regional planning commission,
as authorized in R.S. 40:1730.24 and appointed pursuant to R.S. 40:1730.25, or a qualified
building code enforcement officer designated by the building official, shall have the authority
to enforce the plumbing provisions adopted pursuant to this Part.
J. For purposes of code enforcement pursuant to this Section, a building code
enforcement officer or a certified third-party provider shall conduct all inspections of any
commercial or residential structure and for all inspections, other than roofing inspections,
shall be present on site for such inspections. A building code enforcement officer or a
certified third-party provider may accept photographs or videos that are location verified with
geotagging for required roofing and reroofing inspections of any commercial or residential
structure.
K. Any municipality or parish which issues a permit for construction pursuant to this
Part shall do all of the following:
(1) Permit and inspect all buildings, other than one- and two-family dwellings, for
roof construction and reroofing in compliance with the International Building Code Chapter
15 requirements as adopted and promulgated by the Louisiana State Uniform Construction
Code Council.
(2) Permit and inspect one- and two-family dwellings for roof construction and
reroofing in compliance with the International Residential Code Chapter 8 and 9
requirements as adopted and promulgated by the Louisiana State Uniform Construction Code
Council.

Legislative History

Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 356, §1; Acts 2003, No. 387, §1, eff. Jan. 1, 2004; Acts 2008, No. 375, §1; Acts 2008, No. 813, §1; Acts 2008, No. 830, §1; Acts 2011, No. 92, §1; Acts 2011, No. 391, §1; Acts 2014, No. 836, §3, eff. Jan. 1, 2016; Acts 2021, No. 338, §1; Acts 2023, No. 25, §1; Acts 2024, No. 534, §1, eff. July 1, 2026; Acts 2025, No. 239, §1.