Sections
Part I Construction and Repair Work in Cities Over 15,000 40:1671 – 40:1683
Part II Window Bolts 40:1701
Part III Safety Glazing in Hazardous Locations 40:1711 – 40:1715
Part IV Louisiana Building Code for State Owned Buildings 40:1721 – 40:1724
Part IV-A State Uniform Construction Code 40:1730.21 – 40:1730.40.2
Part IV-C State Building Energy Conservation Code 40:1730.41 – 40:1730.49
Part IV-D Industrialized Buildings 40:1730.51 – 40:1730.68
Part IV-E Modular Housing 40:1730.71
Part V Equal Access to Governmental and Public Facilities for the Community of Persons With Disabilities 40:1731 – 40:1744
Part V-A Access to Government Services for Persons With Disabilities 40:1748
Part VI Restrooms in Public Facilities 40:1749
Part VII Asbestos and Hazardous Materials Detection Program 40:1749.1
Part VIII Underground Utilities and Facilities 40:1749.11 – 40:1749.27

Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 8 - Building Regulations

  • Account: means the Industrialized Building Program Dedicated Fund Account. See Louisiana Revised Statutes 40:1730.53
  • Activity: means a distinct subset of functions or services within a program. See Louisiana Revised Statutes 39:2
  • Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed on the basis of interest and mortality assumptions adopted in accordance with the provisions of La. See Louisiana Revised Statutes 11:701
  • ADA: means the Americans with Disabilities (Civil Rights) Act of 1990 (Public Law 101-336). See Louisiana Revised Statutes 40:1732
  • ADA Standards: means the 2010 Americans with Disabilities Act Standards for Accessible Design as adopted by the United States Department of Justice pursuant to the ADA and any subsequent amendments or additions to or editions adopted by the Department of Justice. See Louisiana Revised Statutes 40:1732
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means any state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state in the executive branch, but not any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions. See Louisiana Revised Statutes 39:2
  • Agency: means any governing body employing persons in the public school system. See Louisiana Revised Statutes 11:1002
  • Agricultural excavator: means a person who owns or operates a farm and is directly involved in the cultivation of land or crops or who raises livestock. See Louisiana Revised Statutes 40:1749.12
  • Allocation fund: shall mean the Coronavirus Local Recovery Allocation Fund. See Louisiana Revised Statutes 39:100.42
  • Allocation program: shall mean the Local Recovery Allocation Program administered by the commissioner of administration and GOHSEP. See Louisiana Revised Statutes 39:100.42
  • Alteration: means deliberate reconstruction of an existing building in whole or in part in order to bring it up to date in conformity with present uses of the structure and to which other rules and regulations on the upgrading of health and safety provisions are applicable. See Louisiana Revised Statutes 40:1732
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means a person or place of business that makes a formal application for a license, permit, certification, registration, or certificate issued pursuant to this Title. See Louisiana Revised Statutes 3:1
  • Appropriation: means an authorization by the legislature to a budget unit for a program to expend from public funds a sum of money, for purposes designated, under the procedure prescribed in this Chapter. See Louisiana Revised Statutes 39:2
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Board: means the Louisiana Board of Animal Health. See Louisiana Revised Statutes 3:561
  • Board: means the Louisiana Board of Animal Health augmented by the persons named in La. See Louisiana Revised Statutes 3:663
  • Board of trustees: means the board provided for in Part V of this Chapter to administer the retirement system. See Louisiana Revised Statutes 11:701
  • Board of Trustees: means the board provided to administer the retirement system. See Louisiana Revised Statutes 11:1002
  • Building: means a structure to which the general public customarily has access or utilizes as defined in the ADA Standards. See Louisiana Revised Statutes 40:1732
  • Building code: means the Louisiana State Uniform Construction Code provided for in La. See Louisiana Revised Statutes 40:1730.53
  • CARES Act: shall mean the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136 and any guidance or regulations issued by the United States Department of the Treasury as of the date of this Act or thereafter relative to the CARES Act. See Louisiana Revised Statutes 39:100.42
  • Charter: means the charter for livestock market operations authorized under this Part. See Louisiana Revised Statutes 3:663
  • Commercial building: means a structure used for any purpose other than a one- and two-family dwelling or accessory to a one- and two-family dwelling. See Louisiana Revised Statutes 40:1730.53
  • Commissioner: shall mean the commissioner of the division of administration of the state. See Louisiana Revised Statutes 39:100.42
  • Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:663
  • Commissioner: means the commissioner of conservation. See Louisiana Revised Statutes 40:1749.12
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction site building: means a commercial structure that is not open to the public and used for any purpose at a commercial site by a person constructing a building, road, bridge, utility, or other infrastructure or improvement to real property. See Louisiana Revised Statutes 40:1730.53
  • control: means exercising the power to make policy decisions and "operate" means being actively involved in the day-to-day management of the business. See Louisiana Revised Statutes 39:100.42
  • Council: means the Louisiana State Uniform Construction Code Council. See Louisiana Revised Statutes 40:1730.53
  • Damage: means any defacing, scraping, gouging, breaking, cutting, or displacement of, impact upon or removal of an underground facility or utility or its means of primary support. See Louisiana Revised Statutes 40:1749.12
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Demolisher: means any person engaged in the act of demolishing as defined in Paragraph (2) of this Section. See Louisiana Revised Statutes 40:1749.12
  • Demolition: means the total or partial wrecking, razing, rendering, moving, or removing of any building or structure, movable or immovable. See Louisiana Revised Statutes 40:1749.12
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dwelling unit: means a single unit of residence for a household of one or more persons. See Louisiana Revised Statutes 40:1732
  • Eligible business: means a for-profit corporation, a limited liability company, a partnership, or a sole proprietorship that meets all of the following criteria:

                (a) Was domiciled in Louisiana as of March 1, 2020. See Louisiana Revised Statutes 39:100.42

  • Emergency: means any crisis situation which poses an imminent threat or danger to life, health, or property, which requires immediate action, if such action is taken. See Louisiana Revised Statutes 40:1749.12
  • Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by La. See Louisiana Revised Statutes 11:701
  • excavate: means any operation causing movement or removal of earth, rock, or other materials in or on the ground or submerged in a marine environment that could reasonably result in damage to underground or submerged utilities or facilities by the use of powered or mechanical or manual means, including but not limited to pile driving, digging, blasting, augering, boring, back filling, dredging, compaction, plowing-in, trenching, ditching, tunneling, land-leveling, grading, and mechanical probing. See Louisiana Revised Statutes 40:1749.12
  • Excavator: means any person who engages in excavation operations. See Louisiana Revised Statutes 40:1749.12
  • Excess benefit participant: means any member whose retirement benefit as determined on the basis of all qualified plans of the employer without regard to the limitations of La. See Louisiana Revised Statutes 11:701
  • Expenses: means amounts represented by cash paid out or by obligations to pay cash or partly by each for maintaining and operating government services. See Louisiana Revised Statutes 39:2
  • Fiduciary: A trustee, executor, or administrator.
  • Fire marshal: means the fire marshal of the state of Louisiana. See Louisiana Revised Statutes 40:1732
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forestry excavator: means an excavator who is a logger, prescribed burner, site preparation operator, or tree planter for commercial forestry operations. See Louisiana Revised Statutes 40:1749.12
  • Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with regulations, restrictions, and limitations. See Louisiana Revised Statutes 39:2
  • GOHSEP: shall mean the Governor's Office of Homeland Security and Emergency Preparedness. See Louisiana Revised Statutes 39:100.42
  • Grant: means an award by the treasurer to an eligible business. See Louisiana Revised Statutes 39:100.42
  • Hazardous locations: means those installations, glazed or to be glazed in commercial and public buildings, known as framed or unframed glass entrance doors; and those installations, glazed or to be glazed in residential buildings and other structures used as dwellings, commercial buildings, and public buildings, known as sliding glass doors, storm doors, shower doors, bathtub enclosures which because of their location present a barrier in the normal path traveled by persons going into or out of these buildings, and because of their size and design may be mistaken as means of ingress or egress; and any other installation, glazed or to be glazed, wherein the use of other than safety glazing materials would constitute an unreasonable hazard as determined by the Louisiana State Fire Marshal; whether or not the glazing in such doors, panels, enclosures and other installations is transparent. See Louisiana Revised Statutes 40:1711
  • Inclement weather: means weather that prohibits or impedes a worker's use of his locating equipment or causes undue risk to himself or his equipment such as lightning, heavy rain, tornadoes, hurricanes, floods, sleet, snow, or flooding conditions. See Louisiana Revised Statutes 40:1749.12
  • Industrialized building: means a commercial structure that is the following:

                (a) Erected or installed using one or more modules or one or more modular components that are constructed at a location other than the commercial site. See Louisiana Revised Statutes 40:1730.53

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See Louisiana Revised Statutes 11:701
  • Interruption of business: means business interruption caused by forced or voluntary closures or restricted operations, including but not limited to social distancing measures, decreased customer demand, cleaning or disinfection expenses, and providing personal protective equipment, related to COVID-19. See Louisiana Revised Statutes 39:100.42
  • Liability: means a debt arising out of a transaction where goods or services have been received or rendered which must be liquidated, renewed, or refunded at some future date. See Louisiana Revised Statutes 39:2
  • Livestock: means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation of any such animal. See Louisiana Revised Statutes 3:561
  • Livestock: means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation of any such animal. See Louisiana Revised Statutes 3:663
  • Livestock market: means any place, establishment or facility commonly known as a "buying station" "livestock market" "livestock auction market" "sales ring" "stockyard" or the like, operated for compensation or profit as a market for livestock, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held, sold, or kept for sale or shipment. See Louisiana Revised Statutes 3:663
  • Local government unit: means a parish, municipality, town, township, village or other unit of general government below the state level with parishwide jurisdiction including but not limited to sheriffs, coroners, and district attorneys. See Louisiana Revised Statutes 39:100.42
  • Louisiana taxes: means all taxes administered by the secretary of the Department of Revenue pursuant to Title 47 of the Louisiana Revised Statutes of 1950, as amended. See Louisiana Revised Statutes 39:100.42
  • Maximum benefit: means the retirement benefit a member is entitled to receive from the system set forth in Part IV of this Chapter in any month after giving effect to La. See Louisiana Revised Statutes 11:701
  • Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
  • Member: means any school employee, as defined in Paragraph (13) of this Section, as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:1002
  • Modular component: means a structural part of a building constructed at a location other than the commercial site in a manner that prevents the construction from being adequately inspected for building code compliance at the commercial site without damage or removal and reconstruction of a part of the building. See Louisiana Revised Statutes 40:1730.53
  • Module: means a three-dimensional section of industrialized building designed and approved to be transported as a single section independent of other sections, with or without modules or modular components, that prevents the construction from being adequately inspected for building code compliance without damage or removal and reconstruction of a part of the building. See Louisiana Revised Statutes 40:1730.53
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Normal commercial farming operations: means the following operations or activities for agriculture cultivation purposes:

                (a) Operations or activities that do not encroach upon a private utility or pipeline servitude, public right-of-way, or a public franchise area. See Louisiana Revised Statutes 40:1749.12

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means any person who owns or operates a public or private underground facility or utility which furnishes a service or material or stores, transports, or transmits electric energy, steam, oil, gases, natural gas, gas, mixture of gases, petroleum, petroleum products, hazardous or flammable fluids, toxic or corrosive fluids/gases, including telephone or telegraph system, fiber optic electronic communication systems, or water or water systems, or drainage, sewer systems, or traffic control systems or other items of like nature. See Louisiana Revised Statutes 40:1749.12
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, firm, partnership, association, limited liability company, corporation, joint venture, municipality, governmental agency, political subdivision, or agent of the state or any legal representative thereof. See Louisiana Revised Statutes 40:1749.12
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Pipeline: means all intrastate and interstate pipeline facilities defined by 49 C. See Louisiana Revised Statutes 40:1749.12
  • Prior service: means service rendered prior to the date of establishment of the retirement system for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:701
  • Private building or facility: means a commercial facility or a place of public accommodation as such terms are defined by the ADA Standards or in the Life Safety Code. See Louisiana Revised Statutes 40:1732
  • Program: means a grouping of activities directed toward the accomplishment of a clearly defined objective or set of objectives. See Louisiana Revised Statutes 39:2
  • Public building or facility: means a building, structure, or facility designed, constructed, or altered by, on behalf of, or for the use of a quasi public agency, the state, or any agency or department thereof, or any political subdivision or any governmental agency or department thereof or as defined by the ADA Standards. See Louisiana Revised Statutes 40:1732
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public school: means any school conducted within the state under the authority and supervision of a city, parish, or other local school board and any educational institution supported by and under the control of the state. See Louisiana Revised Statutes 11:701
  • Qualified plan: means a trust which is covered by the provisions of Section 401(a) of the United States Internal Revenue Code. See Louisiana Revised Statutes 11:701
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recovery program: means the Louisiana Main Street Recovery Program. See Louisiana Revised Statutes 39:100.42
  • Regional notification center: means any one of the following:

                (a) An entity designated as nonprofit by the Internal Revenue Service under Section 501(c) of the Internal Revenue Code and which is organized to protect its members from damage and is certified by the Department of Public Safety and Corrections in accordance with this Part. See Louisiana Revised Statutes 40:1749.12

  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:701
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:1002
  • Retirement system: means the Teachers' Retirement System of Louisiana as defined in La. See Louisiana Revised Statutes 11:701
  • Retirement system: means the Louisiana School Employees Retirement System established and described in La. See Louisiana Revised Statutes 11:1002
  • Safety glazing material: means any glazing material such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of ANSI Standard Z-97. See Louisiana Revised Statutes 40:1711
  • Secretary: means the secretary of the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1730.53
  • Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
  • State: means the state of Louisiana. See Louisiana Revised Statutes 39:100.42
  • Structure: means that which is built or constructed; an edifice or building of any kind; temporary or permanent. See Louisiana Revised Statutes 40:1732
  • teacher: as used in this Part means principal, supervisor, and superintendent of public schools, as well as classroom teachers. See Louisiana Revised Statutes 11:901.36
  • Treasurer: means the state treasurer of Louisiana. See Louisiana Revised Statutes 39:100.42
  • Underground facility or utility: means any pipe, conduit, duct, wire, cable, valve, line, fiber optic equipment, or other structure which is buried or placed below ground or submerged for use in connection with storage, conveyance, transmission, or protection of electronics communication system, telephone or telegraph system, or fiber optic, electric energy, oil, natural gas, gas, gases, steam, mixture of gases, petroleum, petroleum products, hazardous or flammable fluids/gases, toxic or corrosive fluids/gases, hazardous fluids/gases, or other substances of like nature or water or water systems, sewer systems or traffic, drainage control systems, or other items of like nature. See Louisiana Revised Statutes 40:1749.12
  • Unrestricted benefit: means the monthly retirement benefit a member, or the spouse or child of a member, would have received under the terms of all qualified plans of the employer, except for the restrictions of La. See Louisiana Revised Statutes 11:701
  • Wildfire: means an uncontrolled combustion of natural vegetation. See Louisiana Revised Statutes 40:1749.12