HLS 15RS-1471 REENGROSSED
2015 Regular Session
HOUSE BILL NO. 834 (Substitute for House Bill No. 750 by Representative Broadwater)
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 40 of the Louisiana Revised Statutes of
3 1950, to be comprised of 40:1664.21 through 1664.25, relative to the Louisiana
4 Office of State Fire Marshal; to provide for a short title; to provide for definitions;
5 to authorize inspections of fuel tanks, fuel tank installations, and fuel dispensing
6 facilities; to establish minimum standards relative to the plan review and inspection
7 of fuel tanks, fuel tank installations, and fuel dispensing facilities; to authorize
8 enforcement relative to violations; to provide for plan review and document fees; to
9 provide for effective dates; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Subpart E of Part III of Chapter 7 of Title 40 of the Louisiana Revised
12Statutes of 1950, comprised of R.S. 40:1664.21 through 1664.25, is hereby enacted to read
13as follows:
14 SUBPART E. FUEL TANK SAFETY ACT
15 §1664.21. Short Title
16 This Subpart shall be known and may be cited as the "Fuel Tank Safety Act".
17 §1664.22. Definitions
18 As used in this Subpart, the following terms and phrases have the meanings
19 hereinafter ascribed to them:
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HB NO. 834
1 (1) "Dwelling" means one or more rooms arranged for complete,
2 independent housekeeping purposes with space for eating, living, and sleeping,
3 facilities for cooking, and provisions for sanitation.
4 (2) "Fuel tank" means any flammable and combustible liquid storage
5 container that is located above ground and has a capacity of at least two hundred
6 seventy-five liquid gallons.
7 (3) "One- or two-family dwelling" means a building containing not more
8 than two dwelling units with independent cooking and bathroom facilities.
9 §1664.23. Authority of state fire marshal; plan review and inspection of fuel tanks,
10 fuel tank installations, and fuel dispensing facilities; exception
11 A. The state fire marshal shall supervise the inspection of fuel tanks, fuel
12 tank installations, and fuel dispensing facilities that are within one hundred feet of
13 any one- or two-family dwelling or hunting or fishing camp.
14 B.(1) The design and maintenance of any fuel tank, fuel tank installation, or
15 fuel dispensing facility shall be subject to the rules and regulations promulgated by
16 the state fire marshal for plan review and inspection in conformity with the
17 Administrative Procedure Act, which shall establish as minimum standards the
18 provisions of the Flammable and Combustible Liquids Code of the National Fire
19 Protection Association and the Code for Motor Fuel Dispensing Facilities and Repair
20 Garages of the National Fire Protection Association as both are annually or
21 periodically amended.
22 (2) The state fire marshal shall have the power and authority to promulgate
23 those rules and regulations as may be necessary to incorporate or adopt any
24 subsequent amendments or editions to the Flammable and Combustible Liquids Code
25 and the Code for Motor Fuel Dispensing Facilities and Repair Garages as they are
26 subsequently amended or issued as new editions by the National Fire Protection
27 Association.
28 C. The provisions of this Subpart shall not apply to any fuel tanks regulated
29 by the Liquefied Petroleum Gas Commission.
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HB NO. 834
1 §1664.24. Inspection of premises; enforcement orders
2 A. Upon complaint of any person or upon his own initiative when he thinks
3 necessary, the state fire marshal or any of his authorized representatives may inspect
4 any fuel tank, fuel tank installation, or fuel dispensing facility within one hundred
5 feet of any one- or two-family dwelling or hunting or fishing camp.
6 B. Whenever the inspecting officer finds any fuel tank, fuel tank installation,
7 or fuel dispensing facility, which, for any cause, is liable to fire or dangerous to life
8 or which is so situated as to endanger other property or the occupants thereof, he
9 shall order the fuel tank, fuel tank installation, or fuel dispensing facility to be
10 repaired or to be removed or the premises remedied or razed.
11 C. The owner of a fuel tank, fuel tank installation, or fuel dispensing facility
12 shall not permit it to be used until the fire marshal certifies that the hazardous
13 conditions have been eliminated.
14 D. The fire marshal shall, upon finding cause, deem any fuel tank, fuel tank
15 installation, or fuel dispensing facility to be in violation of the provisions of this
16 Section and to be liable to fire or dangerous to life. Cause to find any fuel tank, fuel
17 tank installation, or fuel dispensing facility to be liable to fire or dangerous to life
18 shall include but not be limited to:
19 (1) Age or deteriorated condition.
20 (2) Lack of repairs.
21 (3) Failure to comply with any provision of this Subpart or any rule or
22 regulations adopted pursuant to this Subpart.
23 §1664.25. Plan review and document fees
24 Notwithstanding any other provision of law to the contrary, the state fire
25 marshal may charge a plan review and document fee, pursuant to R.S.
26 40:1574.1(A)(7), for the plan review of fuel tanks, fuel tank installations, and fuel
27 dispensing facilities.
28 Section 2. The Louisiana Office of State Fire Marshal shall promulgate any rules
29and regulations necessary to implement the provisions of this Act.
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1 Section 3. Section 1 of this Act shall become effective on January 1, 2016.
2 Section 4. The provisions of this Section and Sections 2 and 3 of this Act shall
3become effective upon signature of this Act by the governor or, if not signed by the
4governor, upon expiration of the time for bills to become law without signature by the
5governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If this Act
6is vetoed by the governor and subsequently approved by the legislature, the provisions of
7this Section and Sections 2 and 3 of this Act shall become effective on the day following
8such 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 834 Reengrossed 2015 Regular Session Broadwater
Abstract: Authorizes the Louisiana Office of State Fire Marshal to conduct inspections and
plan reviews and to establish minimum standards relative to 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 authorizes the state fire marshal to promulgate rules and regulations relative
to the design and maintenance of fuel tanks, fuel tank installations, and fuel dispensing
facilities and to establish specified minimum standards for plan review and inspection.
Proposed law further empowers and authorizes the state fire marshal to amend relevant rules
and regulations as necessary when specified minimum standards are amended. Proposed law
indicates that the provisions of proposed law shall not apply to any fuel tanks regulated by
the Liquefied Petroleum Gas Commission.
Proposed law allows the state fire marshal to inspect any fuel tank, fuel tank installation, or
fuel dispensing facility upon receiving a complaint or upon his own initiative. 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 nonexclusive list of causes for finding a violation of proposed law.
Proposed law authorizes the state fire marshal to charge a plan review and document fee, as
authorized by present law (R.S. 40:1574.1(A)(7)), for the plan review 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.
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HB NO. 834
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1664.21-1664.25)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes to redesignate R.S. 40:1651-1655 as R.S. 40:1664.21-
1664.25 in proposed law.
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