Louisiana § 40:1730.39 Powers of state fire marshal

Louisiana Statutes

§ 40:1730.39 — Powers of state fire marshal

Louisiana § 40:1730.39

Title 40Public Health and Safety

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Bluebook

La. Stat. Ann. § 40:1730.39 (2026).

Text

§1730.39. Powers of state fire marshal NOTE: Paragraph (A)(1) eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026. A.

(1)The state fire marshal may establish contract agreements with municipalities and parishes in order to provide code enforcement on behalf of the municipality or parish as provided in R.S. 40:1730.24 of this Part. NOTE: Paragraph (A)(1) eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026. A.

(1)The state fire marshal may enter into agreements by letter of intent with municipalities and parishes in order to provide code enforcement on behalf of the municipality or parish as provided in R.S. 40:1730.24.

(2)(a) The agreement may include a provision that permits the state fire marshal to take into consideration practical and unreasonable economic hardsh

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§1730.39. Powers of state fire marshal
NOTE: Paragraph (A)(1) eff. until July 1, 2026. See Acts 2024, No. 534, eff. July
1, 2026.
A.(1) The state fire marshal may establish contract agreements with municipalities
and parishes in order to provide code enforcement on behalf of the municipality or parish as
provided in R.S. 40:1730.24 of this Part.
NOTE: Paragraph (A)(1) eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1,
2026.
A.(1) The state fire marshal may enter into agreements by letter of intent with
municipalities and parishes in order to provide code enforcement on behalf of the
municipality or parish as provided in R.S. 40:1730.24.
(2)(a) The agreement may include a provision that permits the state fire marshal to
take into consideration practical and unreasonable economic hardships before applying the
strict requirements of this Part. Pursuant to the contractual agreement with a municipality or
parish executed in accordance with the provisions of this Subsection and upon appeal of the
professional of record for a plan review of a structure, except one- or two-family dwellings,
the state fire marshal may allow alternative materials, design, and methods of construction
and equipment that comply with the provisions of the International Building Code, Chapter
1-Scope and Administration, relative to alternative materials, design, and methods of
construction and equipment.
(b) The state fire marshal may adopt, in accordance with the Administrative
Procedure Act, the provisions set forth in the International Building Code, Chapter 1-Scope
and Administration, relative to alternative materials, design, and methods of construction and
equipment.
B. Nothing in this Part shall be construed so as to prevent the state fire marshal from
enforcing the fire protection, life safety, accessibility, and high rise laws of this state, the
enforcement of which are his statutory and regulatory responsibility.
NOTE: Subsection C eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1,
2026.
C. Nothing in this Part shall be construed so as to prevent the state fire marshal from
enforcing the Commercial Building Energy Conservation Code as provided in R.S.
40:1730.41 et seq.
NOTE: Subsection C eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.
C. The fire marshal shall enforce the fire protection, egress, and accessibility
provisions of the Louisiana State Uniform Construction Code, excluding the provisions for
one- and two-family dwellings, with referenced standards as adopted by the council in
accordance with R.S. 40:1730.28.

Legislative History

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 364, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.