Louisiana 2022 2022 Regular Session

Louisiana House Bill HB598 Comm Sub / Analysis

                    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 598 Original	2022 Regular Session	Selders
Abstract:  Prohibits an inspector from using discretion in determining what codes are applicable to
an inspection and provides guidelines for making a determination when doubt otherwise
exists.
Present law sets forth the method of determining what building codes are applicable to a given
inspection.
Under present law, buildings must be inspected using the guidelines set forth in the codes effective
on the date the original building permit was issued.
Proposed law retains present law but expressly requiring an inspector to use the building inspection
codes in effect on the date the original building permit was issued.
Present law provides that in the event the issuance date of an original building permit cannot be
found, the date of the completed permit application must be used for inspection.
Proposed law retains present law but expressly requires an inspector to conduct the inspection using
the building inspection codes in effect on the date the original building permit application was
submitted.
Present law requires the director of the applicable parish planning authority to use property,
mortgage, tax, or rent records to determine the nearest date.
Proposed law retains present law, but requires the director of the applicable parish planning authority
to use court records or other available documents to determine the nearest date to the issuance of the
of the original permit.  Should the planning director determine a date pursuant to proposed law,
proposed law expressly requires the inspector to use the codes in effect on the date determined by
the planning director.
Proposed law adds that if there is still a question as to which codes should be applied because a date
cannot be determined under present and proposed law, an inspector shall conduct his inspection
using the least restrictive codes in effect during the period of time beginning one calendar year prior
to the date of the earliest recorded property transfer and ending one calendar year after the earliest
date of transfer.
Proposed law prohibits an inspector from choosing what codes to use when conducting his inspection.
(Amends R.S. 40:1730.33)