HLS 12RS-679 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 541
BY REPRESENTATIVE ST. GERMAIN
FIRE PROTECT/FIRE MARSHAL: Provides for fire marshal review of plans and
specifications for health care facilities and residential living options
AN ACT1
To amend and reenact R.S. 40:1563(G)(1), to enact R.S. 40:1563(L), and to repeal R.S.2
40:2017.11, relative to the review of plans or specifications; to authorize the fire3
marshal to review plans for health care facilities and residential living options; to4
authorize the fire marshal to charge fees for conducting plan reviews; to establish the5
basis for the fee to conduct plan reviews; to repeal fees for review of plans or6
specifications; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1563(G)(1) is hereby amended and reenacted and R.S. 40:1563(L)9
is hereby enacted to read as follows: 10
ยง1563. Powers and duties generally; use of deputies; responsibilities of local11
governing authorities with fire prevention bureaus; open structures and12
process structures; fees13
* * *14
G.(1) The fire marshal shall have authority to charge fees for conducting15
plan reviews and inspections, both as to private persons, and the state. Such fees16
shall be designed to cover, but not exceed, the actual cost of the plan reviews or17
inspections. The inspection fee shall be based on the time required for the plan18
review or inspection multiplied by 2.5 times the average hourly pay rate for plan19
reviewers or inspectors; provided however, all nonpublic elementary and secondary20
schools shall be exempt from the payment of such fees imposed herein.21
* * *22 HLS 12RS-679 ORIGINAL
HB NO. 541
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
L. The fire marshal shall have authority to conduct plan reviews for plans or1
specifications for facilities licensed or certified by the Department of Health and2
Hospitals which are submitted for review to the fire marshal pursuant to rules3
promulgated by the department, both as to private persons and the state. 4
Section 2. R.S. 40:2017.11 is hereby repealed in its entirety.5
Section 3. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
St. Germain HB No. 541
Abstract: Authorizes the fire marshal to charge a fee for conducting reviews for certain
plans or specifications for facilities licensed or certified by the Dept. of Health and
Hospitals.
Present law (R.S. 40:1563(G)(1)) authorizes the fire marshal to charge fees for conducting
inspections, both as to private persons, and the state. Specifies, that such fees must cover,
but not exceed, the actual cost of the inspections. Further, specifies that the inspection fee
must be based on the time required for the inspection multiplied by 2.5 times the average
hourly pay rate for inspectors; provided however, all nonpublic elementary and secondary
schools are exempt from the payment of such fees imposed.
Proposed law retains present law and further authorizes the fire marshal to charge fees for
plan reviews. Specifies that such fees cannot exceed the actual cost of the plan review.
Further, specifies that the fee must be based on the time required to conduct the plan review
multiplied 2.5 times the average hourly pay rate for plan reviewers.
Proposed law (R.S. 40:1563(L)) authorizes the fire marshal to conduct plan reviews for plans
or specifications for facilities licensed or certified by the Dept. of Health and Hospitals
which are submitted for review to the fire marshal pursuant to rules promulgated by the
department, both as to private persons and the state.
Present law (R.S. 40:2017.11) provides for a charge of $5 per page for all plans or
specifications for hospitals, ambulatory surgical centers, nursing homes, and group or
community homes or other residential living options which are submitted for review to the
Dept. of Health and Hospitals or its designee pursuant to rules promulgated by the
department. Further, provides for a minimum charge of $25 and a maximum charge of $300,
plus a postage and handling fee of $10. Requires that these costs be paid prior to review by
the owner of the project for which the review is requested. HLS 12RS-679 ORIGINAL
HB NO. 541
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law repeals present law in its entirety.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1563(G)(1); Adds R.S. 40:1563(L); Repeals R.S. 40:2017.11)