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Louisiana Revised Statutes Tit. 40, § 1730.22. Louisiana State Uniform Construction Code Council; membership; function of council; meeting requirements; immunity

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

A. (1) The Louisiana State Uniform Construction Code Council, hereinafter in this Part referred to as the “council”, is hereby created and shall consist of seventeen members as follows:

(a) The fire marshal or his designee.

(b) Two building code enforcement officers registered with the Louisiana State Uniform Construction Code Council.

(c) One member who shall have had the greater part of their professional experience as licensed electrician or licensed plumber.

(d) One member who shall have had the greater part of his professional experience as a licensed mechanical engineer.

(e) Two members each of whom shall have had the greater part of his professional experience as a licensed architect, one of whom shall be a member of the American Institute of Architects of Louisiana.

(f) One member who shall have had the greater part of his professional experience as a licensed structural engineer.

(g) One member representing the Louisiana Home Builders Association.

(h) One member representing the Associated Builders and Contractors.

(i) One member who shall have had the greater part of his professional experience as a licensed residential contractor.

(j) One member who shall have had the greater part of his professional experience as a licensed commercial contractor and who is a member of the Louisiana Associated General Contractors.

(k) One member who shall have had the greater part of his professional experience in the insurance industry.

(l) One member representing the Building Officials Association of Louisiana.

(m) One member representing the Louisiana Building Code Alliance.

(n) Two members at-large.

(2) With the exception of the fire marshal or his designee, who shall serve by virtue of his position, each member of the council shall be appointed by the governor, subject to Senate confirmation, and shall serve at the pleasure of the governor. With the exception of the fire marshal or his designee, each term for a member of the council shall be four years where a member shall serve no more than two consecutive terms. Each member of the council shall serve without compensation but may be reimbursed for actual expenses and mileage incurred while attending council meetings in accordance with state travel regulations promulgated by the division of administration. The executive director shall have the authority to use the board funds for the operations of the Louisiana State Uniform Construction Code Council.

B. A vacancy must be filled in the manner of the original appointment.

C. The primary function of the council is to review and adopt the State Uniform Construction Code, provide for training and education of code officials, and accept all requests for amendments of the code. Specifically, the council shall establish the requirements and process for the certification and continuing education of code enforcement officers, code enforcement inspectors, and building officials and determine if any amendments to the State Uniform Construction Code are justified. If the council determines that an amendment is justified, it may enact such an amendment after a finding on the record that the modification provides a reasonable degree of public health, safety, affordability, and welfare. The council shall adopt rules in accordance with the Administrative Procedure Act in order to implement the provisions of this Part.

D. (1) The council shall elect from its members a chairman and vice chairman. The council shall adopt regulations under the Administrative Procedure Act in order to implement the provisions of this Part. A meeting may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council within fourteen days of such request. Each member shall be notified by the chairman in writing of the time and place of the meeting at least seven days before the meeting. Each meeting shall be open to the public and any official decision of the council may be made only by a vote of at least two-thirds of those members in attendance at the meeting provided that a quorum is established prior to a vote. A majority of members of the council shall constitute a quorum.

(2) The domicile of the council shall be East Baton Rouge Parish. The council shall meet bi-monthly in East Baton Rouge Parish, unless directed to meet more often by the chairman.

(3) The governor may remove any member of the council for cause or at the request of the chairman for failure to attend more than half of regularly scheduled meetings within a twelve-month period.

E. The council and its members shall be immune from personal liability for actions taken in good faith in the discharge of their responsibilities. The state shall hold the council and its members harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which such immunity applies.

F. (1) Training and technical assistance in the implementation of the Louisiana State Uniform Construction Code residential and commercial building energy code provisions shall be the responsibility of the technology assessment division of the Department of Conservation and Energy in collaboration with the council, as provided for in Subsection C of this Section.

(2) The technology assessment division of the Department of Conservation and Energy shall continue training and technical assistance as funding allows.

G. The executive director of the State Licensing Board for Contractors shall serve as the executive director of the council and shall not have voting privileges.

H. Notwithstanding any other provisions to the contrary and to the extent deemed necessary or appropriate for the efficient implementation of its responsibilities under this Chapter, the State Licensing Board for Contractors is hereby vested with the authority to delegate its powers and duties to its staff. The executive director shall have the authority to designate the board's staff to the Louisiana State Uniform Construction Code Council as needed.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 40, § 1730.22. Louisiana State Uniform Construction Code Council; membership; function of council; meeting requirements; immunity - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1730-22/

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