HLS 12RS-679 ENGROSSED
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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. 40:2017.11 and to enact R.S. 40:1563(L), relative to the review2
of plans or specifications; to authorize the fire marshal to review plans for health3
care facilities and residential living options and collect charges; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:2017.11 is hereby amended and reenacted and R.S. 40:1563(L)7
is hereby enacted to read as follows: 8
§1563. Powers and duties generally; use of deputies; responsibilities of local9
governing authorities with fire prevention bureaus; open structures and10
process structures; fees11
* * *12
L. The fire marshal shall have authority to conduct plan reviews for plans or13
specifications for facilities licensed or certified by the Department of Health and14
Hospitals which are submitted for review to the fire marshal pursuant to rules15
promulgated by the department, in consultation with the office of the state fire16
marshal, both as to private persons and the state. 17
* * *18
§2017.11. Fees for review of plans19
There shall be a charge of five dollars per page for all plans or specifications20
for hospitals, ambulatory surgical centers, nursing homes, and group or community21
homes or other residential living options which are submitted for review to the22 HLS 12RS-679 ENGROSSED
HB NO. 541
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Department of Health and Hospitals Public Safety and Corrections, office of state1
fire marshal, or its designee pursuant to rules promulgated by the department in2
accordance with the Administrative Procedure Act. There shall be a minimum3
charge of twenty-five dollars and a maximum charge of three hundred dollars, plus4
a postage and handling fee of ten dollars. Such costs shall be paid prior to review by5
the owner of the project for which the review is requested.6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
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 conduct reviews for certain plans or specifications
for facilities licensed or certified by the Dept. of Health and Hospitals and to collect
the charges for that review.
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.
Proposed law retains present law except authorizes the fire marshal, instead of DHH, to
conduct the review of the plans and specifications for the same present law charges and
allows for rules to be promulgated in accordance with the Administrative Procedure Act.
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, in consultation with the fire marshal, both as to private persons and the state.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2017.11; Adds R.S. 40:1563(L)) HLS 12RS-679 ENGROSSED
HB NO. 541
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Authorized the fire marshal to conduct plan reviews for plans or specifications
for facilities licensed by DHH.
2. Deleted authority for fire marshal to charge certain fees for plan review of DHH
facilities and instead allows the fire marshal to collect the fees charged under
present law by DHH.
3. Specified promulgation of rules regarding charges should be in accordance with
the APA.
4. Allowed consultation from the fire marshal regarding rules promulgated by DHH
for the submission of plans for review.