HLS 15RS-1317 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 750
BY REPRESENTATIVE BROADWATER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FIRE PROTECT/FIRE MARSHAL: Authorizes the state fire marshal to conduct
inspections and plan reviews relative to fuel tanks, fuel tank installations, and fuel
dispensing facilities
1 AN ACT
2To enact Subpart E of Part III of Chapter 7 of Title 45 of the Louisiana Revised Statutes of
3 1950, to be comprised of RS. 40:1651 through 1655, relative to the Louisiana Office
4 of State Fire Marshal; to provide for a short title; to provide for definitions; to
5 authorize inspections of fuel tanks, fuel tank installations, and fuel dispensing
6 facilities; to provide for enforcement relative to violations; to provide for inspection
7 fees; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Subpart E of Part III of Chapter 7 of Title 45 of the Louisiana Revised
10Statutes of 1950, comprised of RS. 40:1651 through 1655, is hereby enacted to read as
11follows:
12 SUBPART E. FUEL TANK SAFETY ACT
13 §1651. Short Title
14 This Subpart shall be known and may be cited as the "Fuel Tank Safety Act".
15 §1652. Definitions
16 As used in this Subpart, the following terms and phrases have the meanings
17 hereinafter ascribed to them:
18 (1) "Dwelling" means any building or structure, or part thereof, used and
19 occupied for human habitation or intended to be so used, and includes any yard,
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HB NO. 750
1 garden, outhouses, and appurtenances belonging thereto or usually enjoyed
2 therewith.
3 (2) "Fuel tank" means any flammable and combustible liquid storage
4 container that has a capacity of at least two hundred seventy-five liquid gallons or
5 more.
6 (3) "One- or two-family dwelling" means a building containing not more
7 than two dwelling units in which one or each dwelling unit is occupied by members
8 of a single family with not more than three outsiders, if any, accommodated in rented
9 rooms.
10 (4) "Structure" means any building of any nature or kind whatsoever except
11 the interior of a single private and one- or two-family dwelling.
12 §1653. Authority of state fire marshal; plan review and inspection of flammable and
13 combustible liquid storage containers, installations, and dispensing facilities
14 A. The fire marshal shall supervise the inspection of fuel tanks, fuel tank
15 installations, and fuel dispensing facilities that are accessory to dwellings for the
16 purpose of protecting life and property from the hazards of fire and of panic which
17 may arise from fire or from the threat of fire or explosion.
18 B. The design and maintenance of any fuel tank, fuel tank installation, or
19 fuel dispensing facility shall be subject to the rules and regulations promulgated by
20 the state fire marshal for plan review and inspection.
21 §1654. Inspection of premises; enforcement orders
22 A. Upon complaint of any person or upon his own initiative when he thinks
23 necessary, the fire marshal or any of his authorized representatives may inspect any
24 fuel tank, fuel tank installation, or fuel dispensing facility accessory to a dwelling
25 within the state.
26 B. Whenever the inspecting officer finds any fuel tank, fuel tank installation,
27 or fuel dispensing facility, which, for any cause, is liable to fire or dangerous to life
28 or which is so situated as to endanger other property or the occupants thereof, he
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HB NO. 750
1 shall order the fuel tank to be repaired or to be removed or the premises remedied or
2 razed.
3 C. The owner of a fuel tank, fuel tank installation, or fuel dispensing facility
4 shall not permit it to be used until the fire marshal certifies that the hazardous
5 conditions have been eliminated.
6 D. The fire marshal shall deem any fuel tank, fuel tank installation, or fuel
7 dispensing facility to be in violation of the provisions of this Section and to be liable
8 to fire or dangerous to life for any of the following causes:
9 (1) Age or deteriorated condition.
10 (2) Lack of repairs.
11 (3) Lack of at least one operable and accessible fire extinguisher, located
12 between ten and fifty feet from the container and the dispenser, rated for use with
13 Class C fires.
14 (4) Location of less than five feet from property lines, waterways, buildings,
15 and other combustible structures.
16 (5) Storage in containers that are not protected against damage from
17 collision, properly vented, or tested and approved for such use.
18 (6) Use of dispensing devices not listed and labeled for such use.
19 §1655. Inspection fees
20 Notwithstanding any other provision of law to the contrary, the state fire
21 marshal may charge an inspection fee, as authorized by R.S. 40:1563.5, for
22 inspections of fuel tanks, fuel tank installations, and fuel dispensing facilities.
23 Section 2. The Louisiana Office of State Fire Marshal shall promulgate any rules
24and regulations necessary to implement the provisions of this Act.
25 Section 3. Section 1 of this Act shall become effective on January 1, 2016.
26 Section 4. The provisions of this Section and Sections 2 and 3 of this Act shall
27become effective upon signature of this Act by the governor or, if not signed by the
28governor, upon expiration of the time for bills to become law without signature by the
29governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If this Act
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HB NO. 750
1is vetoed by the governor and subsequently approved by the legislature, the provisions of
2this Section and Sections 2 and 3 of this Act shall become effective on the day following
3such approval.
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)]
HB 750 Original 2015 Regular Session Broadwater
Abstract: Authorizes the Louisiana Office of State Fire Marshal to conduct inspections and
plan reviews of fuel tanks, fuel tank installations, and fuel dispensing facilities.
Proposed law enacts the Fuel Tank Safety Act.
Proposed law enumerates definitions for the purposes of proposed law in order to provide
for clarification.
Proposed law authorizes the state fire marshal to supervise the inspection of fuel tanks, fuel
tank installations, and fuel dispensing facilities pursuant to the provisions of proposed law.
Proposed law indicates when the fire marshal may initiate an inspection of fuel tanks, fuel
tank installations, and fuel dispensing facilities. Proposed law allows the state fire marshal
to issue orders to enforce the repair or removal of fuel tanks, fuel tank installations, and fuel
dispensing facilities. Proposed law imposes restrictions on the owner of a fuel tank, fuel
tank installation, or fuel dispensing facility once issued an enforcement order by the state fire
marshal or his representative. Proposed law enumerates a list of causes for finding a
violation of proposed law.
Proposed law authorizes the state fire marshal to charge an inspection fee, as authorized by
present law (R.S. 40:1563.5), for the inspection of fuel tanks, fuel tank installations, and
fuel dispensing facilities.
Proposed law allows the state fire marshal to promulgate any rules or regulations necessary
to implement the provisions of proposed law.
Proposed law provides for effective dates.
Section 1 effective Jan. 1, 2016.
Sections 2, 3, and 4 effective upon signature of governor or lapse of time for gubernatorial
action.
(Adds RS. 40:1651-1655)
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