Skip to main content
Find a Lawyer

Louisiana Revised Statutes Tit. 40, § 1646. State fire marshal; owners; life safety systems and equipment inspections; penalties; exceptions

Current as of January 01, 2023 | Updated by Findlaw Staff

A. The fire marshal or his designated representative is authorized to cause the inspection, certification, and testing of all life safety systems and equipment in the state, whether in public or private buildings, upon receipt of a complaint, during installation, or after installation to determine compliance with applicable codes, standards, and manufacturer specifications.

B. (1) Except as provided in Paragraph (2) of this Subsection, the owner of any building containing a life safety system and equipment, or the owner's designated representative, shall cause at a minimum an annual inspection and certification to be made of the life safety system and equipment in that building to assure compliance with applicable safety standards and to determine whether structural changes in the building or in the contents of the building mandate alteration of a system.

(2)(a) The provisions of this Subsection shall not apply to the owner of a building with two stories occupied by a single tenant wherein employees of the tenant are regularly inside of the building. The building described in this Paragraph shall not be construed to include a one- or two-family dwelling as defined in R.S. 40:1573.

<Text of subpar. (B)(2)(b) effective July 1, 2028.>

(b) The owner of a building described in this Paragraph shall cause, at a minimum, a full-load safety test of the conveyance device in five-year intervals to assure compliance with applicable safety standards and to determine whether structural changes in the building or in the contents of the building mandate alteration of the conveyance device.

(3) The owner of any building containing a conveyance device shall cause at a minimum an annual inspection and certification, as outlined in Paragraph (1) of this Subsection, to be physically witnessed by an inspector appointed by the fire marshal.

C. Life safety systems and equipment includes but is not limited to fire sprinkler, fire alarm, fire suppression, special locking systems and equipment, portable fire extinguishers, and conveyance devices.

D. The installing contractor of new life safety systems and equipment shall be on-site for the final inspection by the fire marshal or his designated representative.

E. (1) Whenever the inspecting officer finds that the owner has failed to comply with the provisions of this Section, he shall order the owner to comply with the requirements of this Section.

(2) Whenever the inspecting officer finds life safety systems and equipment to be inoperable or not in compliance with applicable safety standards, the inspecting officer shall order the owner to have the life safety systems and equipment inspected and brought into compliance with applicable safety standards.

(3)(a) Whoever fails to comply with an order issued by the fire marshal may be issued a first warning and ordered to comply with the initial order.

(b) Whoever fails to comply with a second order issued by the fire marshal may be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

(4) The fire marshal may authorize a fire prevention bureau to enforce the provisions of this Section. Nothing in this Section shall be construed to prevent the fire marshal from enforcing the provisions of R.S. 40:1621.

F. A licensed conveyance device mechanic shall be onsite for the final acceptance inspection by a conveyance device inspector.

G. (1) The provisions of this Subsection apply only to inspections of conveyance devices.

(2) When the fire marshal finds that the owner has failed to comply with the provisions of this Section, he shall order the owner's compliance.

(3) When the fire marshal receives a report from an inspector licensed by the office that a conveyance device is inoperable or not in compliance with applicable safety standards, he shall order the owner to have the conveyance device inspected and brought into compliance with applicable safety standards.

(4) Whoever fails to comply with an order issued by the fire marshal shall be first issued a warning and ordered to comply with such order.

(5) The fire marshal may promulgate rules and regulation in accordance with the Administrative Procedure Act to implement to provisions of this Subsection.

H. This Section shall not apply to private outdoor recreational structures pursuant to R.S. 40:1730.30.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 40, § 1646. State fire marshal; owners; life safety systems and equipment inspections; penalties; exceptions - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1646/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard