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Regular Session, 2014
HOUSE BILL NO. 1048
BY REPRESENTATIVES PONTI AND ORTEGO
COMMERCE: Requires the Louisiana State Uniform Construction Code Council to adopt
certain codes relative to plumbing
AN ACT1
To amend and reenact R.S. 37:1378(A)(3) and R.S. 40:5, 1722(B)(2), 1723(B), 1730.22(C),2
1730.28(A)(1), (3)(a), and (5), and 1730.29(A)(introductory paragraph), to enact3
R.S. 40:4(C) and (D) and 1730.23(I), and to repeal R.S. 40:4(A)(7), 1722(D), and4
1730.28(A)(3)(h); relative to the regulation of plumbing; to provide for grounds for5
disciplinary actions; to require the Louisiana State Uniform Construction Code6
Council to adopt certain provisions relative to plumbing; to provide relative to the7
duties of the state health officer; to provide relative to the authority of local building8
officials; to provide for effective dates; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 37:1378(A)(3) is hereby amended and reenacted to read as follows:11
§1378. Revocation of licenses; other disciplinary actions12
A. The board may, pursuant to the procedures provided in the Administrative13
Procedure Act, revoke, suspend, or refuse to renew any license or endorsement14
issued by the board to any natural person. Grounds for revocation, or lesser15
disciplinary action, include but are not limited to the following:16
* * *17
(3) The habitual performance of the work of either a journeyman plumber18
or a master plumber which is substantially below the standards established by the19
Department of Health and Hospitals or any of its agencies or offices, or promulgated20
by the Louisiana State Uniform Construction Code Council or its successor, or the21 HLS 14RS-1713 REENGROSSED
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habitual performance of work of a medical gas installer or medical gas and vacuum1
systems verifier not in compliance with regulations of the state fire marshal or2
related local governmental codes.3
* * *4
Section 2. R.S. 40:5, 1722(B)(2), 1723(B), 1730.22(C), 1730.28(A)(1), (3)(a), and5
(5), and 1730.29(A)(introductory paragraph) are hereby amended and reenacted and R.S.6
40:4(C) and (D) and 1730.23(I) are enacted to read as follows: 7
§4. Sanitary Code8
* * *9
C. In all cases of conflict between rules and regulations promulgated10
pursuant to this Section and the International Plumbing Code, International Building11
Code, Chapter 29-Plumbing Systems, or the International Residential Code, Part12
VII-Plumbing, as adopted and promulgated by the Louisiana State Uniform13
Construction Code Council, the provisions of the International Plumbing Code,14
International Building Code, Chapter 29-Plumbing Systems, or the International15
Residential Code, Part VII-Plumbing shall be used.16
D. Nothing in this Section shall permit the state health officer acting through17
the office of public health of the Department of Health and Hospitals to establish18
rules, regulations, policies, or interpretations that supercede or circumvent, or seek19
to supercede or circumvent the International Plumbing Code, the International20
Building Code, Chapter 29-Plumbing Systems, or the International Residential Code,21
Part VII-Plumbing, as adopted and promulgated by the Louisiana State Uniform22
Construction Code Council. The building official for the parish, municipality, or23
regional planning commission, as authorized in R.S. 40:1730.24 and appointed24
pursuant to R.S. 40:1730.25, or a qualified building code enforcement officer25
designated by the building official, shall have the authority to enforce and interpret26
the plumbing provisions adopted pursuant to Part IV-A, State Uniform Construction27
Code, Chapter 8 of this Title.28
* * *29 HLS 14RS-1713 REENGROSSED
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§5. General powers and jurisdiction1
A. The state health officer and the office of public health of the Department2
of Health and Hospitals shall have exclusive jurisdiction, control, and authority:3
(1) To isolate or quarantine for the care and control of communicable disease4
within the state.5
(2) To take such action as is necessary to accomplish the subsidence and6
suppression of diseases of all kinds in order to prevent their spread.7
(3) To enforce a sanitary code for the entire state containing provisions for8
the improvement and amelioration of the hygienic and sanitary conditions of the9
state.10
(4) To enact provisions regulating the standards of health and decency and11
building regulations of all prisons, jails, lock-ups, and camps where prisoners are12
detained or confined.13
(5) To supervise, inspect, and issue sanitation permits for water supplies,14
slaughterhouses, cold storage plants, all places of public accommodation, and the15
handling and control of hygienic conditions with respect to all food.16
(6) To take such action as may be authorized by the administrator of the17
Environmental Protection Agency under the federal Safe Drinking Water Act of18
1974, as amended.19
(7) To make all sanitary inspections and provide for the issuance of health20
permits.21
(8) Over the enforcement of controls and issuance of permits for the22
distribution and handling of dangerous drugs.23
(9) Over the treatment and disposal of municipal or domestic sewage.24
(10) Over the reporting of communicable diseases.25
(11) Over the gathering, keeping, reporting, and tabulating of vital and26
mortuary records and statistics for all parishes of the state.27
(12) Over the providing of facilities for vaccination.28 HLS 14RS-1713 REENGROSSED
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(13) To assist in the supervision and operation of parish and municipal health1
units and departments.2
(14) Over the regulation of the carriage and transportation of persons,3
freight, and dead bodies brought into the state or transported through or in the state4
as they may affect public health.5
(15) Over the sanitary inspection of meat, milk, and other products which6
may affect public health and safety.7
(16) Over the sanitary conditions required at any public gathering or8
meeting.9
(17) Over the adoption of rules and regulations regarding public health,10
sanitary, and hygienic subjects, including those for standards governing noxious11
odors.12
(18) To promulgate rules and regulations in accordance with the13
Administrative Procedure Act to establish a fee schedule, based on ability to pay or14
eligibility for third party reimbursement, for services provided by the handicapped15
children's services program and maternal and child health programs in the office of16
public health.17
(19) To conduct health inspections and issue health permits through state18
employed licensed sanitarians, or by licensed sanitarians of parish health units or19
departments.20
(20) Over those functions of the state provided by law relating to21
environmental quality and pollution control which are related to the public health and22
which are specifically assigned to the department by statute.23
(21)(a) To conduct health, safety, and sanitation inspections, through state24
employed licensed sanitarians, of any place upon receipt of a complaint that the25
department determines shows appropriate and sufficient grounds to indicate a health26
hazard or sanitary code violation may exist, regardless of whether such place is27
licensed or not, or otherwise regulated.28 HLS 14RS-1713 REENGROSSED
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(b) In order to comply with the provisions of Subparagraph (a) of this1
Paragraph, a licensed sanitarian may, if necessary, seek and obtain an appropriate2
order or warrant from the state district court for the judicial district in which the3
place to be inspected is located to enter, examine, and inspect such place for a health4
hazard or sanitary code violation.5
B. Nothing in this Section shall grant or be interpreted as to grant the state6
health officer or the office of public health of the Department of Health and7
Hospitals the authority to supercede the authority of municipalities or parishes to8
enforce and interpret the State Uniform Construction Code provided for in Part IV-A9
of Chapter 8 of this Title. The building official for the parish, municipality, or10
regional planning commission, as authorized in R.S. 40:1730.24 and appointed11
pursuant to R.S. 40:1730.25, or a qualified building code enforcement officer12
designated by the building official, shall have the authority to enforce and interpret13
the plumbing provisions adopted pursuant to Part IV-A of Chapter 8 of this Title.14
* * *15
§1722. Louisiana Building Code16
* * *17
B. The Louisiana Building Code shall consist of the following designated18
and described codes and standards:19
* * *20
(2) Part XIV (Plumbing) of the State Sanitary Code as promulgated by the21
secretary of the Department of Health and Hospitals. The International Plumbing22
Code, the International Building Code, Chapter 29-Plumbing Systems, and the23
International Residential Code, Part VII-Plumbing.24
* * *25
§1723. Administration; exception26
* * *27
B. However, nothing contained herein shall affect the state fire marshal and28
his jurisdiction on matters of life safety and related areas as provided by Part III of29 HLS 14RS-1713 REENGROSSED
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Chapter 7 of this Title, and the secretary of the Department of Health and Hospitals1
shall administer the provisions of Part XIV(Plumbing) of the State Sanitary Code.2
* * *3
§1730.22. Louisiana State Uniform Construction Code Council; membership;4
function of council; meeting requirements; immunity5
* * *6
C. The primary function of the council is to review and adopt the state7
uniform construction code State Uniform Construction Code, provide for training8
and education of code officials, and accept all requests for amendments of the code,9
except the Louisiana State Plumbing Code [Part XIV (Plumbing) of the State10
Sanitary Code]. Specifically, the council shall establish the requirements and11
process for the certification and continuing education of code enforcement officers,12
code enforcement inspectors, and building officials and determine if any13
amendments to the state uniform construction code are justified. If the council14
determines that an amendment is justified, it may enact such an amendment after a15
finding on the record that the modification provides a reasonable degree of public16
health, safety, affordability, and welfare. The council shall adopt rules in accordance17
with the Administrative Procedure Act in order to implement the provisions of this18
Part.19
* * *20
§1730.23. Enforcement of building codes by municipalities and parishes21
* * *22
I. The building official for the parish, municipality, or regional planning23
commission, as authorized in R.S. 40:1730.24 and appointed pursuant to R.S.24
40:1730.25, or a qualified building code enforcement officer designated by the25
building official, shall have the authority to enforce and interpret the plumbing26
provisions adopted pursuant to this Part.27
* * *28 HLS 14RS-1713 REENGROSSED
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§1730.28. Mandatory adoption of certain nationally recognized codes and standards1
as the state uniform construction code; adoption by reference2
A. Except as provided in Subsection C of this Section, the council shall3
evaluate, adopt, and amend only the latest editions of the following as the state4
uniform construction code State Uniform Construction Code:5
(1) International Building Code, not including Parts I-Administrative Part6
I-Administration, Chapter 11-Accessibility, and Chapter 27-Electrical and Chapter7
29-Plumbing Systems. The applicable standards referenced in that code are included8
for regulation of construction within this state. The appendices of that code may be9
adopted as needed, but the specific appendix or appendices shall be referenced by10
name or letter designation at the time of adoption.11
* * *12
(3)(a) International Residential Code, not including Parts I-Administrative,13
Part I-Administration VII-Plumbing, and VIII-Electrical. The applicable standards14
referenced in that code are included for regulation of construction within this state.15
The enforcement of such standards shall be mandatory only with respect to new16
construction, reconstruction, additions to homes previously built to the International17
Residential Code, and extensive alterations; however, a municipality, parish, or18
regional planning commission may enforce Appendix J of the code at its option. The19
appendices of that code may be adopted as needed, but the specific appendix or20
appendices must shall be referenced by name or letter designation at the time of21
adoption, with the exception of Appendix J, Existing Buildings and Structures, which22
shall not be adopted by the council and may be adopted and enforced only at the23
option of a parish, municipality, or regional planning commission. For the purposes24
of this Part, IRC R301.2.1.1 (Design Criteria) shall be amended as follows and shall25
apply only to the International Residential Code, 2003 edition:26
* * *27
(5) The Louisiana State Plumbing Code [Part XIV (Plumbing) of the state28
Sanitary Code] as amended by the state health officer acting through the office of29 HLS 14RS-1713 REENGROSSED
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public health of the Department of Health and Hospitals. Nothing in this Part shall1
be construed so as to prevent the state health officer from enforcing Part XIV2
(Plumbing) of the state Sanitary Code the enforcement of which is his statutory and3
regulatory responsibility. The International Plumbing Code. The appendices of that4
code may be adopted as needed, but the specific appendix or appendices shall be5
referenced by name or letter designation at the time of adoption. The building6
official for the parish, municipality, or regional planning commission, as authorized7
in R.S. 40:1730.24 and appointed pursuant to R.S. 40:1730.25, or a qualified8
building code enforcement officer designated by the building official, shall have the9
authority to enforce and interpret the plumbing provisions adopted pursuant to this10
Part.11
* * *12
§1730.29. Regulation of construction or improvement of industrial facilities13
A. Excluding the applicable requirements of the Louisiana State Plumbing14
Code the International Plumbing Code, the provisions of this Part shall not apply to15
the construction or improvement inside the secured or fenced confines of the16
following types of industrial facilities that are engaged in activities defined or17
classified under one or more of the following subsectors, industry groups, or18
industries of the 2012 North American Industry Classification System (NAICS):19
* * *20
Section 3. R.S. 40:4(A)(7), 1722(D), and 1730.28(A)(3)(h) are hereby repealed in21
their entirety. 22
Section 4. The Louisiana State Uniform Construction Code Council shall adopt and23
promulgate the International Plumbing Code, International Building Code, Chapter 29-24
Plumbing Systems, International Residential Code, Part VII-Plumbing, no later than January25
1, 2015. The International Plumbing Code, International Building Code, Chapter 29-26
Plumbing Systems, International Residential Code, Part VII-Plumbing, shall be effective27
sixty days following promulgation by the Louisiana State Uniform Construction Code28
Council.29 HLS 14RS-1713 REENGROSSED
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Section 5. Sections 2, except for the provisions of R.S. 40:1730.28(A) as amended1
by Section 2 of this Act, and 3 of this Act shall be effective sixty days following the2
promulgation of International Plumbing Code, International Building Code, Chapter 29-3
Plumbing Systems, International Residential Code, Part VII-Plumbing, by the Louisiana4
State Uniform Construction Code Council.5
Section 6(A). This Section, Sections 4, 5, and the provisions of R.S. 40:1730.28(A)6
as amended by Section 2 of this Act shall become effective upon signature by the governor7
or, if not signed by the governor, upon expiration of the time for bills to become law without8
signature by the governor, as provided by Article III, Section 18 of the Constitution of9
Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act10
shall become effective on the day following such approval. 11
(B) The plumbing provisions adopted pursuant to R.S. 40:1730.28(A) as amended12
by this Act shall not be enforced until sixty days following promulgation by the Louisiana13
State Uniform Construction Code Council.14
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)]
Ponti HB No. 1048
Abstract: Requires the LSUCCC to adopt the International Plumbing Code.
Present law authorizes the state plumbing board to revoke, suspend, or refuse to renew a
license or endorsement issued by the board for a number of reasons, including the habitual
performance of the work of either a journeyman plumber or a master plumber which is
substantially below the standards established by the Dept. of Health and Hospitals (DHH)
or the habitual performance of work of a medical gas installer or medical gas and vacuum
systems verifier not in compliance with regulations of the state fire marshal or related local
governmental codes.
Proposed law retains present law but adds that the performance of work substantially below
standards promulgated by the Louisiana State Uniform Construction Code Council
(LSUCCC) or its successor as grounds for revocation, suspension, or refusal to renew a
license or endorsement.
Present law requires the state health officer through the office of public health (OPH) of the
DHH to prepare and promulgate all rules and regulations necessary to assure safe building
plumbing systems, including but not limited to the building water supply piping system, the
building drain system, and the building mechanical piping system.
Proposed law repeals present law. HLS 14RS-1713 REENGROSSED
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Present law requires the state health officer to prepare and promulgate rules and regulations
within the state's Sanitary Code covering all matters within his jurisdiction.
Proposed law retains present law and provides that present law shall not permit the state
health officer to establish rules, regulations, policies, or interpretations that supercede or
circumvent or seek to supercede or circumvent the International Plumbing Code, as adopted
and promulgated by the LSUCCC.
Proposed law provides that in all cases of conflict between the rules and regulations
promulgated pursuant to the rules and regulations within the state's Sanitary Code as
promulgated by the state health officer and the International Plumbing Code, International
Building Code, Chapter 29-Plumbing Systems, or the International Residential Code, Part
VII-Plumbing, as adopted and promulgated by the LSUCCC, the provisions of the
International Plumbing Code, International Building Code, Chapter 29-Plumbing Systems,
or the International Residential Code, Part VII-Plumbing, as adopted and promulgated by
the LSUCCC shall apply.
Proposed law provides that the building official or his designee shall have the authority to
enforce and interpret the plumbing provisions of the state uniform construction code.
Present law provides that the state health officer and the OPH of DHH has the exclusive
jurisdiction, control, and authority of a number of matters that relate to plumbing.
Proposed law retains present law and provides that nothing in present law shall grant state
health officer or the OPH of DHH the authority to supercede the authority of municipalities
or parishes to enforce and interpret the plumbing provisions of the State Uniform
Construction Code.
Proposed law provides that the building official or his designee shall have the authority to
enforce and interpret the plumbing provisions of the State Uniform Construction Code.
Present law provides that the Louisiana Building Code shall consist of a number of
designated and described codes and standards, including Part XIV (Plumbing) of the state
Sanitary Code as promulgated by the secretary of DHH.
Proposed law removes the inclusion of Part XIV (Plumbing) of the state Sanitary Code as
promulgated by the secretary of DHH and adds the International Plumbing Code, the
International Building Code, Chapter 29-Plumbing Systems, and the International
Residential Code, Part VII-Plumbing.
Present law provides that the Louisiana Building Code shall be administered by the facilities
planning and control department of the Division of Administration and that nothing
contained in the La. Building Code shall affect the secretary of DHH in his administration
of the provisions of Part XIV(Plumbing) of the state Sanitary Code.
Proposed law retains present law, but deletes that nothing contained in the La. Building Code
shall affect the secretary of DHH in his administration of the provisions of Part
XIV(Plumbing) of the state Sanitary Code.
Present law provides that the primary function of the LSUCCC is to review and adopt the
state uniform construction code, provide for training and education of code officials, and
accept all requests for amendments of the code, except the La. State Plumbing Code Part
XIV (Plumbing) of the state Sanitary Code.
Proposed law retains present law but removes the exception for the La. State Plumbing
Code. HLS 14RS-1713 REENGROSSED
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Proposed law provides that the building official or his designee shall have the authority to
enforce and interpret the plumbing provisions of the State Uniform Construction Code.
Present law requires the LSUCCC to evaluate, adopt, and amend only the latest editions of
the state uniform construction code with the exception of the La. State Plumbing Code Part
XIV (Plumbing) of the state Sanitary Code which shall be promulgated and amended by the
state health officer acting through OPH of DHH.
Proposed law retains present law but removes the exception for the La. State Plumbing
Code.
Present law shall not be construed so as to prevent the state health officer from enforcing the
La. State Plumbing Code, the enforcement of which is his statutory and regulatory
responsibility.
Proposed law removes present law and requires the LSUCCC to evaluate, adopt, and amend
the International Plumbing Code as part of the State Uniform Construction Code and that the
building official or his designee shall have the authority to enforce and interpret the
plumbing provisions of the state uniform construction code.
Present law provides that, excluding the applicable requirements of the La. State Plumbing
Code, the state uniform construction code shall not apply to the construction or improvement
inside the secured or fenced confines of the following types of industrial facilities that are
engaged in activities defined or classified under one or more of a number of subsectors,
industry groups, or industries of the 2007 North American Industry Classification System
(NAICS).
Proposed law retains present law and changes the La. State Plumbing Code to the
International Plumbing Code.
Present law provides that in cases of conflict between the state Sanitary Code and the
International Mechanical Code, the state Sanitary Code shall be used. In cases of conflict
between the Life Safety Code and either the La. Building Code, the plumbing part of the
state Sanitary Code, the International Building Code, the International Mechanical Code and
the National Electric Code, the Life Safety Code shall be used.
Proposed law repeals present law.
Present law provides that all plumbing and sanitary references in Part V-Mechanical in the
International Residential Code shall be replaced with the applicable provisions of the La.
State Plumbing Code, Part XIV, Plumbing, of the state Sanitary Code.
Proposed law repeals present law.
Proposed law provides that the LSUCCC shall adopt and promulgate the International
Plumbing Code, International Building Code, Chapter 29-Plumbing Systems, and the
International Residential Code, Part VII-Plumbing, no later than Jan. 1, 2015. The codes
shall be effective 60 days following promulgation.
Proposed law requires the La. State Plumbing Code Part XIV (Plumbing) of the state
Sanitary Code as amended by the state health officer acting through the OPH of DHH shall
remain in effect until 60 days following the promulgation of the International Plumbing
Code, International Building Code, Chapter 29-Plumbing Systems, and the International
Residential Code, Part VII-Plumbing by the LSUCCC.
Proposed law provides the deadline for the LSUCCC to promulgate International Plumbing
Code, International Building Code, Chapter 29-Plumbing Systems, and the International HLS 14RS-1713 REENGROSSED
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Residential Code, Part VII-Plumbing shall be effective upon signature of the governor or
upon lapse of time for gubernatorial action.
Proposed law provisions relative to plumbing will not be enforced for 60 days following
promulgation by the LSUCCC.
(Amends R.S. 37:1378(A)(3) and R.S. 40:5, 1722(B)(2), 1723(B), 1730.22(C),
1730.28(A)(1), (3)(a), and (5), and 1730.29(A)(intro.para.); Adds R.S. 40:4(C) and (D) and
1730.23(I); Repeals R.S. 40:4(A)(7), 1722(D), and 1730.28(A)(3)(h))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made technical changes.