§ 40:1734 — Repealed by Acts 2024, No. 534, §2, eff. July 1, 2026

Louisiana § 40:1734

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

Text

NOTE: §1734 eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.
§1734. Accessibility features required of new public buildings or facilities; private buildings
or facilities; dwelling units; courthouses
A. Any new or altered public building or facility or private building or facility shall
be made accessible pursuant to ADA Standards subject only to the limitations or exceptions
provided for therein. However, any altered public building or facility or private building or
facility shall not be made to comply with Sections 202.4 and F202.4 of the ADA Standards
relative to path of travel.
B. Any dwelling unit in a facility which incorporates four or more dwelling units
shall be made accessible in accordance with the ADA Standards and rules promulgated by
the fire marshal pursuant to the Administrative Procedure Act.
C.(1) Any courthouse, except as provided for in Paragraph (5) of this Subsection,
shall be made accessible pursuant to ADA Standards subject only to the limitations or
exceptions provided for therein. Any multistory courthouse shall have at least one-half of all
of its elevators in proper working service at all times and shall be made accessible in
accordance with the ADA Standards and rules promulgated by the state fire marshal pursuant
to the Administrative Procedure Act.
(2) The owner of the multistory courthouse shall contact the elevator repair company
within twenty-four hours of the time the elevator became inoperable and no elevator shall
remain out of service for repairs and maintenance for more than twenty-one consecutive days
from the day the elevator became inoperable, unless the state fire marshal determines that
extenuating circumstances necessitate that the elevator remain out of service for a longer
period of time. In such an instance, the state fire marshal shall extend the time period and
shall notify the owner of the deadline for compliance with this Paragraph.
(3) Failure to comply with Paragraphs (1) and (2) of this Subsection shall be
considered a "de facto admission of fault" under the ADA Standards.
(4) The natural or juridical person who owns the building is responsible for the
maintenance of the elevator. In addition to the penalties provided in R.S. 40:1743, any
building owner who violates or fails to comply with the provisions of this Subsection shall
be subject to a fine of two thousand five hundred dollars per day which shall be paid by the
natural or juridical person who owns the building and is responsible for maintenance of the
elevator.
(5) The provisions of this Subsection shall not apply to any building no longer
occupied for the public or private sessions of a court, with its various offices. This includes
but is not limited to historical courthouses no longer used for judicial proceedings and
museums.
(6) This Subsection shall only apply to a courthouse that contains two or more
elevators.
NOTE: §1734 eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.
§1734. Repealed by Acts 2024, No. 534, §2, eff. July 1, 2026.

Legislative History

Added by Acts 1977, No. 625, §1. Acts 1990, No. 459, §1; Acts 1995, No. 880, §1; Acts 2008, No. 218, §1; Acts 2011, No. 398, §1; Acts 2018, No. 528, §1; Acts 2024, No. 534, §2, eff. July 1, 2026.