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ENROLLED
ACT No. 1662026 Regular Session
HOUSE BILL NO. 565
BY REPRESENTATIVE MCMAKIN
1 AN ACT
2 To amend and reenact R.S. 40:1563(C)(1) and (4), relative to powers and duties of the fire
3 marshal; to provide for fire prevention and safety inspections of early learning
4 centers and child day care centers; to provide relative to the application of fire safety
5 requirements to early learning centers or child day care centers; to require written
6 notice of a violation or required action; to provide relative to appeals of
7 determinations by the fire marshal; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:1563(C)(1) and (4) are hereby amended and reenacted to read as
10 follows:
11 §1563. Powers and duties generally; use of deputies; responsibilities of local
12 governing authorities with fire prevention bureaus; open structures and
13 process structures; fees
14 * * *
15 C.(1) The fire marshal shall not conduct or supervise inspections pursuant
16 to the provisions of Paragraphs (B)(1), (2), (3), and (4) of this Section within the
17 jurisdiction of any local governing authority in which a fire prevention bureau has
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HB NO. 565 ENROLLED
1 been properly established by special ordinance and accompanying resolution as
2 provided in this Section, except as provided in Paragraph Paragraphs (4) and (5) of
3 this Subsection.
4 * * *
5 (4)(a) The fire marshal shall remain responsible for all institutional
6 occupancies requiring a state or federal license, detention, colleges, universities,
7 state-owned and state-leased buildings, and schools, including early learning centers
8 and child day care centers as defined in R.S. 17:407.33, where applicable, and the
9 applicable federal and state life safety codes shall be the codes applying to these
10 facilities. Nothing contained herein shall limit the right of the local fire department
11 to consult with the fire marshal or otherwise restrict the authority of the local fire
12 department to conduct fire preplanning for any occupancy within its jurisdiction.
13 (b) The state fire marshal shall enforce only those fire safety requirements
14 expressly provided for in adopted state or federal fire and life safety codes and shall
15 not impose additional requirements through policy, guidance, or interpretation.
16 (c) Any fire safety requirement imposed on an early learning center or child
17 day care center shall be proportional to the size, occupancy, and risk level of that
18 facility, and shall not be applied in a manner consistent with a commercial or
19 industrial occupancy unless expressly required by the applicable code.
20 (d) The use of standard residential appliances, including but not limited to
21 microwaves, coffee makers, and similar devices, shall not require commercial
22 ventilation or fire suppression systems unless expressly required by applicable code.
23 (e) The state fire marshal shall provide written notice of a determination of
24 any violation or of required corrective action, including citation to the specific
25 applicable code provision.
26 (f)(i) Any person aggrieved by a determination of the state fire marshal
27 regarding fire safety requirements for an early learning center or child day care
28 center may appeal that determination to the division of administrative law within
29 fifteen days of receipt of written notice.
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1 (ii) All enforcement actions, including fines, penalties, or closure, shall be
2 stayed pending final disposition of the appeal.
3 (iii) The state fire marshal bears the burden of proving that the requirement
4 is expressly authorized by adopted state or federal fire and life safety codes.
5 * * *
6
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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