GREEN SHEET REDIGEST
HB 360 2021 Regular Session Travis Johnson
FIRE PROTECT/FIRE MARSHAL: Provides relative to the registration of short-term
rental dwellings with the office of state fire marshal.
DIGEST
Proposed law defines the following terms for the purposes of proposed law: booking
transaction, dwelling unit, guest, owner, platform, and short-term rental dwelling unit.
Proposed law prohibits an owner of a short-term rental dwelling unit from using a platform
to complete a booking transaction unless the owner has registered the unit with the office of
state fire marshal.
Proposed law requires the initial registration to be submitted electronically on forms created
by the office of state fire marshal. Further, proposed law requires the owner to renew the
registration either annually or every five years.
Present law authorizes the office of state fire marshal to establish and collect certain fees.
Proposed law requires the owner to pay the following fees for the initial registration and
subsequent renewal:
(1)Initial annual registration: $5
(2)Annual renewal: $5
(3)Initial 5-year registration: $20
(4)5-year renewal: $20
Proposed law establishes the following penalties for an owner in violation of proposed law:
(1)1st violation: warning letter
(2)2nd violation: civil penalty not to exceed $500
(3) 3rd and each subsequent violation: civil penalty not to exceed $1,000
Proposed law authorizes the office of state fire marshal to promulgate rules and regulations
necessary to implement proposed law relative to assessing and collecting fees and penalties,
operating, managing, and maintaining the electronic registration system, investigating
compliance with the registration requirements, and hearings.
Proposed law prohibits the office of state fire marshal from promulgating rules and
regulations permitting, for any reason, a physical inspection of a short-term rental dwelling
unit.
Present law provides for rules compliance with certain building and safety codes. Proposed
law retains present law.
Proposed law prohibits the office of state fire marshal or any other state or local entity agency
to inspect any immovable property including private residences.
Proposed law prohibits the office of state fire marshal or any other state or local entity from
requiring an inspection in order to apply, receive, maintain compliance, rectify violations,
or renew the registration required by present law.
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Prepared by Alan Miller. Present law regulates hotels and lodging houses and certain powers and duties of the state
fire marshal. Proposed law shall not be construed to apply to present law.
Proposed law would not limit or prohibit, the owner of a short-term rental dwelling unit from
completing a booking transaction prior to the implementation by the office of state fire
marshal of a registration system or if the owner has submitted a registration as required by
present law or proposed law but is awaiting administrative processing.
Proposed law provides that if a state of emergency is declared, the state fire marshal may
temporarily suspend the requirements of present law or proposed law for up to 30 days under
certain circumstances.
Proposed law provides for the deposit of all monies received by the office of state fire
marshal pursuant to proposed law into the Louisiana Life Safety and Property Protection
Trust Fund as provided for in present law.
Effective January 1, 2022.
(Adds R.S. 40:1584)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Clarify that the office of state fire marshal is authorized to promulgate rules and
regulations as necessary relative to enforcing fees and penalties, operating,
managing, and maintaining the electronic registration system, investigating
compliance with the registration requirements, and hearings.
2. Add a provision stating that proposed law shall not be construed to authorize the
office of state fire marshal to inspect any real property, including a private
residence.
3. Add a provision stating that proposed law shall not be construed to apply to the
regulation of certain structures already provided for in present law.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the engrossed
bill
1. Adds provision to prohibit the state fire marshal from promulgating rules and
regulations permitting a physical inspection of a short-term rental dwelling unit.
2. Changes references from "any other agency" to "state of local entity".
3. Changes references from "real property" to "immovable property".
4. Adds provision to prohibit an inspection by the state fire marshal or any other
state or local entity as a requirement to apply, receive, maintain compliance,
rectify violations, or renew a registration.
5. Adds provision that allows the owner of a short-term rental dwelling unit to
complete a booking transaction prior to the implementation of a registration
system or if the owner has submitted a registration that is awaiting administrative
processing.
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Prepared by Alan Miller. 6. Authorizes the state fire marshal to temporarily suspend certain requirements
during a declared emergency for up to 30 days.
7. Adds effective date.
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Prepared by Alan Miller.