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ACT No. 398
Regular Session, 2011
HOUSE BILL NO. 536
BY REPRESENTATIVE SIMON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact the heading of Part V of Chapter 8 of Title 40 of the Louisiana2
Revised Statutes of 1950, R.S. 40:1731, 1732(2), (3), (4), (7), and (9), 1733 through3
1736, 1737(A), 1738(A) and (B), 1740, 1741, 1742(A)(1) and (3), 1742.1, and4
1742.2(A)(1) and to repeal R.S. 40:1739, relative to building codes; to provide for5
the purpose; to provide for definitions; to provide for the Americans with Disabilities6
Act standards; to require ADA standards accessibility in public and private7
buildings; to provide with respect to the use of parking spaces; and to provide for8
related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. The heading of Part V of Chapter 8 of Title 40 of the Louisiana Revised11
Statutes of 1950, R.S. 40:1731, 1732(2), (3), (4), (7), and (9), 1733 through 1736, 1737(A),12
1738(A) and (B), 1740, 1741, 1742(A)(1) and (3), 1742.1, and 1742.2(A)(1) are hereby13
amended and reenacted to read as follows: 14
PART V. EQUAL ACCESS TO GOVERNMENTAL AND15
PUBLIC FACILITIES FOR PHYSICALLY HANDICAPPED THE DISABLED16
COMMUNITY17
§1731. Purposes18
A. The legislature hereby finds that the physically handicapped are disabled19
community is denied access to much of the built environment and that this denial of20
access often prevents the physically handicapped disabled community from21
exercising their rights and privileges as citizens. Denial of access further impairs the22
ability of the physically handicapped disabled community to secure an education, to23 ENROLLEDHB NO. 536
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find and maintain gainful employment, to live independently, and to otherwise1
participate fully in society. The legislature further finds that a large proportion of the2
population is physically handicapped disabled and that this state has a moral interest3
in securing equal rights for all its citizens and an economic interest in the removal4
of architectural barriers which keep members of the physically handicapped disabled5
community on public assistance programs and from becoming productive citizens.6
B. It is therefore the policy of this state to bring to an end, as quickly as7
possible, the undue hardship caused by architectural barriers. The state shall enable8
persons who are physically handicapped disabled to achieve maximum personal9
independence, to become gainfully employed, and to use and enjoy all buildings and10
facilities. It is the intent of the legislature to implement the removal or of11
architectural barriers so that members of the physically handicapped may begin to12
disabled community will share equally with the nonphysica lly handicapped in the13
right to use and enjoy the man-made environment, including but not limited to places14
of employment, recreation, entertainment, shopping, and education.15
§1732. Definitions16
As used in this Part:17
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(2) "ADAAG" "ADA Standards" means the Americans with Disabilities Act19
Accessibility Guidelines in effect on September 1, 1994 2010 Americans with20
Disabilities Act Standards for Accessible Design as adopted by the United States21
Department of Justice pursuant to the ADA and any subsequent amendments or22
additions to or editions adopted by the Department of Justice.23
(3) "Alteration" means deliberate reconstruction of an existing building in24
whole or in part in order to bring it up to date in conformity with present uses of the25
structure and to which other rules and regulations on the upgrading of health and26
safety provisions are applicable. It shall also include "alteration" as defined in the27
ADAAG ADA Standards. For purposes of this Part, alteration shall also mean any28
change in occupancy as defined by the Life Safety Code.29 ENROLLEDHB NO. 536
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(4) "Building" means a structure to which the general public customarily has1
access or utilizes as defined in the ADAAG ADA Standards.2
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(7) "Governmental facility" "Public building or facility" means a building,4
structure, or facility designed, constructed, or altered by, on behalf of, or for the use5
of a quasi public agency, the state, or any agency or department thereof, or any6
political subdivision or any governmental agency or department thereof or as defined7
by the ADA Standards.8
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(9)(a) "Public facility" "Private building or facility" means a commercial10
facility or a place of public accommodation as such terms are defined in by the11
ADAAG ADA Standards or in the Life Safety Code.12
(b) A "public facility" does not include a governmental facility.13
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§1733. ADAAG standards ADA Standards15
A. The Americans with Disabilities Act Accessibility Guidelines Standards16
for Accessible Design in effect on September 1, 1994 March 15, 2011, as adopted17
by the United States Department of Justice pursuant to the ADA are hereby adopted18
as of October 1, 2011, and requirements therein, shall be complied with.19
B. The Americans with Disabilities Act Accessibility Guidelines in effect on20
September 1, 1994, shall remain in effect through September 30, 2011. 21
C. The state fire marshal shall have the power and authority to promulgate22
those rules and regulations as may be necessary to incorporate or adopt any23
subsequent amendments or additions to or editions of the ADA Standards, as it is24
subsequently amended or issued as a new edition adopted by the United States25
Department of Justice. 26
§1734. Accessibility features required of new public buildings or facilities or27
governmental facilities; private buildings or facilities; dwelling units28
A. Any new or altered public building or facility or governmental private29
building or facility shall be made accessible pursuant to ADAAG standards ADA30 ENROLLEDHB NO. 536
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Standards subject only to the limitations or exceptions provided for therein.1
However, any altered public building or facility or governmental private building or2
facility shall not be made to comply with Section 4.1.6(2) Sections 202.4 and F202.43
of the ADAAG standards ADA Standards relative to path of travel.4
B. Any dwelling unit in a facility which incorporates four or more dwelling5
units shall be made accessible in accordance with the ADA Standards and rules6
promulgated by the fire marshal pursuant to the Administrative Procedure Act. Such7
rules shall, at a minimum, provide that at least five percent of the dwelling units in8
complexes containing more than fifteen units shall be fully accessible to a disabled9
potential resident.10
§1735. Public buildings or facilities and governmental or private buildings or11
facilities to display signs12
All public and governmental facilities constructed or remodeled in13
accordance with ADAAG standards ADA Standards shall display signs indicating14
entrances, facilities, directions, accommodations for the disabled, and other signs as15
required by and also in accordance with such standards.16
§1736. Obstruction of common or emergency exits prohibited; standards of17
accessibility; penalty18
A. Any common or emergency exit on the first floor or ground level of any19
new or altered public building or facility or governmental private building or facility20
shall remain free of any obstruction which would prevent a physically handicapped21
person with a disability from using same. Common and emergency entrances and22
exits shall conform to the ADAAG standards ADA Standards.23
B. Iron posts not used for structural support or similar barricades at common24
or emergency entrances and exits of public facilities or facilities used by the public25
that are existing, under construction, or under contract for construction which would26
prevent a physically handicapped person with a disability from using such entrances27
or exits shall be removed.28 ENROLLEDHB NO. 536
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§1737. Violations; enforcement by fire marshal1
A. In cases of practical difficulty or unnecessary hardship, the state fire2
marshal may, after consultation with the office of rehabilitative services, grant3
exceptions from the literal requirements of the standards and specifications required4
by this Part or permit the use of other methods or materials. Unless a written5
exception is granted by the fire marshal, any unauthorized deviation from ADAAG6
standards ADA Standards shall be rectified by full compliance within ninety days7
after discovery of the deviation and delivery of a copy of the order requiring8
remedying of the deviation to the occupant or any person in charge of the premises9
personally or by registered or certified mail. If no person is found on the premises,10
the order may be served by affixing a copy thereof in a conspicuous place on the11
door at the entrance of the premises.12
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§1738. Review of plans and specifications before construction begins14
A. No building permits shall be issued, no state contracts shall be awarded,15
nor shall any change in new building plans which affect compliance with ADAAG16
standards ADA Standards be approved concerning any public buildings or facilities17
or governmental private buildings or facilities until the fire marshal has reviewed and18
stated that the plans and specifications regarding accessibility appear to him to19
comply with ADAAG standards the ADA Standards.20
B. In each case the application for review shall be accompanied by the plans21
and full, complete, and accurate specifications which shall comply in every respect22
with any and all requirements prescribed by ADAAG the ADA Standards.23
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§1740. Enforcement of Part25
A. For purposes of enforcing this Part, in any instance in which the ADAAG26
standards ADA Standards are not complied with the local building code authorities27
and the health authorities shall have authority to enforce these standards. Written28
approval by the fire marshal shall be presumptive evidence of compliance with29
ADAAG standards ADA Standards but shall not be considered conclusive and local30 ENROLLEDHB NO. 536
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building code authorities and health authorities shall have the power to review all1
construction within their jurisdiction to the end that the intent of this legislation shall2
be enforced.3
B. Local building code authorities, health authorities, or any individual may4
seek an injunction to halt construction or require compliance with ADAAG standards5
ADA Standards of any public building or facility or governmental private building6
or facility which has been constructed or is being constructed in violation of this7
Part. All actions shall be brought in the district court of the parish in which the8
public building or facility or governmental private building or facility, or portion9
thereof, that is not in compliance, is situated.10
§1741. Educational program by the office of rehabilitative services and fire marshal11
Subject to appropriation for such purpose, the office of rehabilitative services12
and the state fire marshal may provide for educating the public and working with13
officials of cities, local building code inspectors, parishes, municipalities and other14
political subdivisions, private architects, designers, planners, and other interested15
parties in order to encourage and help them make all buildings, facilities, and16
improved areas accessible to and usable by handicapped persons with disabilities for17
purposes of rehabilitation, employment, business, recreation, and all other aspects18
of normal living. They shall work with architectural schools of the state and the19
State Board of Architectural Examiners to develop for inclusion in the architecture20
curriculum a course on barrier free design and to develop for inclusion in the21
architectural licensing test a section on barrier free design.22
§1742. Parking spaces for certain disabled persons23
A.(1) Each state agency and political subdivision having jurisdiction over24
street parking or a government public facility and each owner or lessee of a public25
private facility shall, in accordance with applicable zoning and building codes,26
provide and maintain a minimum number of specially designed and marked motor27
vehicle parking spaces for the exclusive use of persons whose vehicles are identified28
by license plates, hang tags, or special parking cards for the mobility impaired issued29
pursuant to R.S. 47:463.4 or 463.4.1. The mobility impaired mobility-impaired30 ENROLLEDHB NO. 536
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parking spaces shall adhere to the ADAAG specifications ADA Standards and shall1
include mobility-impaired loading and unloading areas, access aisles, access ramps,2
and curb cuts. The minimum number of such parking spaces shall be as established3
by ADAAG the ADA Standards. Public building or facility and private building or4
facility, as the term is terms are used in this Section, shall be as defined in R.S.5
40:1732, and shall include public and private property which is open to the public6
and to which the public is invited for commercial or governmental purposes.7
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(3) Any owner or lessee of a public facility who fails to provide and maintain9
spaces reserved and designated for the exclusive use of vehicles bearing a special10
license plate or parking card issued to a mobility-impaired driver free of obstructions11
shall be fined not more than five hundred dollars.12
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§1742.1. Additional fine for enforcement of mobility-impaired parking regulations14
In addition to all fines, fees, costs, and punishment authorized for violation15
of mobility-impaired parking regulations, any parish or municipality which institutes16
a formal handicapped mobility-impaired parking enforcement program to assist the17
law enforcement agency in enforcing such regulations may, by ordinance, provide18
for and enforce an additional twenty-five dollar fine for each violation of such19
regulations. The proceeds of such additional fine shall be used by such parish or20
municipal governing authority exclusively to fund such program.21
§1742.2. Local variances in mobility-impaired parking restrictions22
A.(1) The legislature finds that providing sufficient mobility-impaired23
parking spaces for use by both employees and visitors to public or private buildings24
or facilities, as defined in R.S. 40:1732, is essential to protecting the civil rights of25
the disabled. To this end, the state, through the fire marshal, has insisted on26
compliance with the Americans with Disabilities Act Accessibility Guidelines ADA27 ENROLLEDHB NO. 536
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Standards, and the legislature has set substantial fines for handicapped mobility-1
impaired parking violations.2
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Section 2. R.S. 40:1739 is hereby repealed in its entirety.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: