2018 Regular Session ENROLLED
SENATE BILL NO. 265
BY SENATOR MORRELL
1 AN ACT
2 To enact R.S. 40:1734(C), relative to building codes; to provide relative to access and use
3 of public buildings; to provide for certain offenses and penalties; and to provide for
4 related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:1734(C) is hereby enacted to read as follows:
7 ยง1734. Accessibility features required of new public buildings or facilities; private
8 buildings or facilities; dwelling units; courthouses
9 * * *
10 C.(1) Any courthouse, except as provided for in Paragraph (5) of this
11 Subsection, shall be made accessible pursuant to ADA Standards subject only
12 to the limitations or exceptions provided for therein. Any multistory courthouse
13 shall have at least one-half of all of its elevators in proper working service at all
14 times and shall be made accessible in accordance with the ADA Standards and
15 rules promulgated by the state fire marshal pursuant to the Administrative
16 Procedure Act.
17 (2) The owner of the multistory courthouse shall contact the elevator
18 repair company within twenty-four hours of the time the elevator became
19 inoperable and no elevator shall remain out of service for repairs and
20 maintenance for more than twenty-one consecutive days from the day the
21 elevator become inoperable, unless the state fire marshal determines that
22 extenuating circumstances necessitate that the elevator remain out of service for
23 a longer period of time. In such an instance, the state fire marshal shall extend
24 the time period and shall notify the owner of the deadline for compliance with
25 this Paragraph.
ACT No. 528
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 265 ENROLLED
1 (3) Failure to comply with Paragraphs (1) and (2) of this Subsection shall
2 be considered a "de facto admission of fault" under the ADA Standards.
3 (4) The natural or juridical person who owns the building is responsible
4 for the maintenance of the elevator. In addition to the penalties provided in R.S.
5 40:1743, any building owner who violates or fails to comply with the provisions
6 of this Subsection shall be subject to a fine of two thousand five hundred dollars
7 per day which shall be paid by the natural or juridical person who owns the
8 building and is responsible for maintenance of the elevator.
9 (5) The provisions of this Subsection shall not apply to any building no
10 longer occupied for the public or private sessions of a court, with its various
11 offices. This includes but is not limited to historical courthouses no longer used
12 for judicial proceedings and museums.
13 (6) This Subsection shall only apply to a courthouse that contains two
14 or more elevators.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.