Louisiana 2014 2014 Regular Session

Louisiana House Bill HB1048 Comm Sub / Analysis

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Prepared by Michelle Ducharme.
Ponti	HB No. 1048
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
COMMERCE.  Provides relative to plumbing
DIGEST
Present law provides for authority and duties of the state health officer acting through the
office of public health of the Department of Health and Hospitals.
Proposed law makes the state health officer a member of the La. State Uniform Construction
Code Council and provides that he shall serve on the council in order to assure safe building
plumbing systems.
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 provides that in all cases of conflict between the rules and regulations
promulgated pursuant to present law and the International Residential Code, Part
VII-Plumbing, the International Residential Code, Part VII-Plumbing, 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 the state
health officer or the OPH of DHH the authority to supercede the authority of municipalities
or parishes to enforce 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 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 retains present law and adds the International Residential Code, Part VII-
Plumbing.
Present law provides relative to the membership of the LSUCCC.
Proposed law increases membership on the board from 19 members to 20.
Present law provides for administrative oversight of rules adopted by the LSUCCC.
Proposed law provides that in addition to the Senate and House Commerce committees, the
Senate and House Health and Welfare committees shall have oversight over the initial
adoption of rules adopted by the LSUCCC.
Proposed law provides that the council shall promulgate any and all rules and regulations to
satisfy the requirements of any consent decree or order relative to maintaining or building
a public sewage system which is entered in a federal court of competent jurisdiction.
Proposed law provides that the council shall adopt rules relative to back flow prevention and
proposed law prohibits the use of plumbing vent systems using air admittance valves. Page 2 of 2
Prepared by Michelle Ducharme.
Proposed law provides that any order or consent decree entered in the lawsuit entitled US v.
Sewage and Water Board of New Orleans shall supercede the plumbing provisions of
proposed law or any rules adopted pursuant thereto.
Proposed law provides that the building official or his designee shall have the authority to
enforce the plumbing provisions of the State Uniform Construction 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 for effective dates.
(Amends R.S. 40:4(A)(7), 5, 1722(B)(2), 1730.22(A) and (C), 1730.26, and
1730.28(A)(intro.para.), (1), (3)(a), and (5); adds R.S. 40:4(C) and (D), 1730.23(I),
1730.26(3) and (4), 1730.28.1, 1730.28.2, 1730.28.3, and 1730.40.1; repeals R.S.
40:1722(D), and 1730.28(A)(3)(h))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the reengrossed bill
1. Adds a member to the La. Uniform Construction Code Council.
2. Provides for duties and responsibilities of the state health officer.
3. Provides for residential and commercial plumbing codes.
4. Revises language for administrative oversight.
5. Provides relative to back flow prevention, plumbing vent systems, and the
regulation of stored water.
6. Provides for effective dates.