Louisiana 2012 Regular Session

Louisiana House Bill HB776 Latest Draft

Bill / Introduced Version

                            HLS 12RS-387	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. 776
BY REPRESENTATIVE FANNIN
BUILDING CODES:  Provides relative to the state uniform construction code
AN ACT1
To amend and reenact R.S. 40:1730.24(A) and 1730.25 and to repeal R.S. 40:1730.32,2
relative to the state uniform construction code; to transfer the authority to establish3
fees for enforcement of the state uniform construction code from local governing4
authorities to the Louisiana State Uniform Construction Code Council; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R.S. 40:1730.24(A) and 1730.25 are hereby amended and reenacted to8
read as follows: 9
§1730.24. Agreements with other governmental entities for provision of services;10
private agreements11
A. Municipalities and parishes may establish agreements with other12
governmental entities of the state or certified third-party providers to issue permits13
and enforce the state uniform construction code in order to provide the services14
required by this Part.  In the event of the establishment of such an agreement, the15
maximum fees applicable to the issuance of permits and the enforcement of the code16
shall be established by the governing body of the municipality or parish.  	The17
maximum fees applicable to the enforcement of the code, including plan review and18
inspections, shall be established by the council. The council may assist in arranging19
for municipalities, parishes, or certified third-party providers to provide the services20 HLS 12RS-387	ORIGINAL
HB NO. 776
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
required by this Part to other municipalities or parishes if a written request from the1
governing body of the municipality or parish is submitted to the council.2
*          *          *3
§1730.25. Appointment of building official or contractual arrangement for such4
services; affidavit for exemption5
Each parish and municipality shall appoint a council-certified building6
official or contract with other governmental entities or third parties as authorized in7
R.S. 40:1730.24 of this Part so that the unincorporated area of the parish is under the8
jurisdiction of a council-certified building official. A parish or municipality may use9
a certified building inspector in lieu of a certified building official for a period not10
to exceed four years from the date the state uniform construction code becomes11
effective in the parish or municipality.  No building official or certified building12
inspector shall be appointed if he has any interest in any legal entity that performs13
commercial or residential construction within the jurisdiction in which he would be14
appointed. Nothing in this Part shall prevent a municipality or parish from15
appointing and employing other council-certified personnel and assistants necessary16
to perform the required inspections and technical duties and prescribing fees for17
construction permits and inspections as provided by law.18
Section 2.  R.S. 40:1730.32 is hereby repealed in its entirety.19
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)]
Fannin	HB No. 776
Abstract: Establishes the La. State Uniform Construction Code Council as the authority for
promulgating fees for the enforcement of the state uniform construction code.
Present law provides that municipalities and parishes may establish agreements with other
governmental entities of the state or certified third-party providers to issue permits and
enforce the state uniform construction code.
Proposed law retains present law. HLS 12RS-387	ORIGINAL
HB NO. 776
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that, in the event of the establishment of such an agreement, the
maximum fees applicable to the issuance of permits and the enforcement of the code shall
be established by the governing body of the municipality or parish.
Proposed law limits the authority of the governing body of the municipality or parish to the
establishment of the maximum fees applicable to the issuance of permits.
Proposed law further provides that the maximum fees applicable to the enforcement of the
code, including plan review and inspections, shall be established by the La. State Uniform
Construction Code Council.
Present law requires each parish and municipality to appoint a council-certified building
official or contract with other governmental entities or third parties so that the
unincorporated area of the parish is under the jurisdiction of a council-certified building
official. 
Proposed law retains present law. 
Present law provides that nothing in present law shall prevent a municipality or parish from
appointing and employing other council-certified personnel and assistants necessary to
perform the required inspections and technical duties and prescribing fees for construction
permits and inspections.
Proposed law repeals the authority of the municipality or parish to prescribe fees for
inspections.
Present law provides that nothing in present law shall prohibit the governing authority of a
parish or municipality from imposing fees necessary to implement and continue the
provisions required by 	present law.
Proposed law repeals present law.
(Amends R.S. 40:1730.24(A) and 1730.25; Repeals R.S. 40:1730.32)