Louisiana REALTORS 2008 Legislative Recap

2008 LOUISIANA REGULAR LEGISLATIVE SESSION BUILDING CODE BILLS OF INTEREST

The Coalition to Insure Louisiana (CIL) and Constructing a Stronger Louisiana (CASL) worked together during the recently completed session to maintain the integrity of the Louisiana State Uniform Construction Code. Many members of these groups met on a number of occasions prior to the start of the legislature to work on issues of mutual concern. Those meetings were productive in that all of us were able to present a unified front when the session started.

The good news coming out of the session was that no major damage was inflicted on the Louisiana State Uniform Construction Code. Following is a final report on bills pertinent to Louisiana statewide building code issues:

HB 41 by Rep. Brett Geymann, R-Lake Charles, provides for changes to the enforcement of certain provisions of the International Residential Code.
Decision: Oppose
-This legislation would have exempted from enforcement the Energy Conservation section of the International Residential Code (IRC). After lobbying the committee, CIL and CASL members talked with Rep. Geymann and convinced him not to hear his bill in Committee.

HB 65 by Rep. Jim Morris, R-Shreveport, provides relative to expenses for board members of the Construction Code Council.
Decision: Monitor
-This legislation passed and is now Act #207. It provides for terms of service on the council and reimbursement of expenses. Following are the amendments put into the bill:
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 shall be reimbursed for actual expenses and mileage incurred while attending council meetings in accordance with state travel regulations promulgated by the division of administration. Reimbursement shall be limited to mileage and expenses for the attendance of twelve meetings per calendar year. The chairman shall serve as chairman for a maximum of four years from the date of his election.

HB 177 by Rep. Erich Ponti, R-Baton Rouge, exempts one- and two-family residences from certain provisions of the State Uniform Fire Prevention Code.
Decision: Support
-This was a clean-up bill, which is now Act #126.HB 198 by Rep. Jeff Arnold, D-New Orleans, provides for changes to the State Uniform Construction Code. Decision: Support
- This legislation passed and is now Act #484. This legislation eliminates the requirement that the state uniform construction code shall be updated every three years. The new language mandates that the new council shall review, evaluate, and update the state uniform construction code within two years of the release of the latest edition of the appropriate code as provided for R.S. 40:1730.28.

HB 204 by Rep. Billy Chandler, D-Dry Prong, exempts certain areas from enforcement of the International Residential Code.
Decision: Oppose
-Rep. Chandler’s bill would have exempted parishes and municipalities outside of hurricane-prone areas from enforcing the International Residential Code. CIL and CASL lobbied against this bill and it was killed in its committee of origin.

HB 211 by Rep. Chandler, D-Dry Prong, provides for a fee structure between governmental entities and third party providers to be determined by the governmental entity.
Decision: Support
-The legislation passed and is Act #343. It adds language dealing with municipalities and parishes that have agreements with other governmental entities of the state or certified third-party providers to issue permits and enforce the state uniform construction code. The bill states in the event of such an agreement, the maximum fees applicable to the issuance of permits and the enforcement of the code shall be established by the governing body of the municipality or parish.

HB 324 by Rep. Noble Ellington, D-Winnsboro, provides relative to fees charged by third-party providers on inspections.
Decision: Support
-Sen. Ellington did not move this bill.

HB 351 by Rep. Walker Hines, D-New Orleans, creates green building standards for certain buildings.
Decision: Oppose
- This legislation was never scheduled for committee hearing.

HB 545 by Rep. Jeff Arnold, D-New Orleans provides for changes to the minimum standards for installation of manufactured homes.
Decision: Support
-This legislation was passed and is Act #217.

HB 707 by Rep. Karen Carter Peterson, D-New Orleans requires the construction of state buildings to include energy efficient measures.
Decision: Oppose
-This legislation was heard in its committee of origin and killed.

HB 800 by Rep. Chris Roy, D-Alexandria, creates the Louisiana Modular Housing Act.
Decision: Oppose
-This legislation was involuntarily deferred in its committee of origin.

HB 920 by Rep. Jim Fannin, D-Jonesboro, provides for changes to the Louisiana State Uniform Construction Code.
Decision: Support

CIL and CASL supported the original bill, but spent a considerable amount of time working with Sen. Fannin through the process as he continued to amend it. Following are the pertinent portions of the bill:

A building code enforcement officer, third-party provider, or third-party provider contracted by a jurisdiction as provided for in R.S. 40:1730.24(A) shall not conduct plan review or inspections on a commercial or residential structure if such officer or provider owns any interest in the legal entity that constructed such commercial or residential structure or receives any compensation from the legal entity other than the fees that are charged for plan review or inspections. No building official or certified building inspector shall be appointed if he has any interest in any legal entity that performs commercial or residential construction within the jurisdiction in which he would be appointed.

Another provision adds “residential accessory structures” to the farm and recreational structure exemptions from the code limited to above I-10. "Residential accessory structure," as defined in the bill, is a structure not exceeding five hundred square feet in footprint, and not attached to a residence that is used as an accessory to the primary use of the residence, and not constructed in regions where the basic wind speeds from Figure R301.2(4) of the International Residential Code, as promulgated by the council, equal or exceed one hundred miles per hour, or forty-five meters per second, in hurricane-prone regions or one hundred ten miles per hour, or forty-nine meters per second, elsewhere. However, a municipality with a population in excess of forty-five thousand according the latest federal decennial census may enforce that portion of the state uniform construction code, which regulates the construction or improvement of a residential accessory structure.

HB 940 by Rep. Kirk Talbot, R-River Bend, provides for changes to the Louisiana State Uniform Construction Code.
Decision: Oppose
- This bill was never scheduled for a committee hearing.

HB 941 by Rep. Talbot provides for changes to the Louisiana State Uniform Construction Code.
Decision: Oppose
-This legislation was passed and is Act #217, CIL and CASL opposed this bill early on. However, Rep. Talbot amended the bill and we removed our opposition. In essence, this allows for appointment or retention of non- accredited building code officials as heads of building code offices in homerule parishes.

HB 978 by Rep. Wayne Waddell, R-Shreveport, provides for the acceptance of design equivalencies by local governments.
Decision: Oppose
-This legislation was never scheduled for committee hearing.

HB 1042 by Rep. Geymann, R-Lake Charles, provides for changes to the Louisiana State Uniform Construction Code Council.
Decision: Oppose
-This legislation would have changed the terms of the code council. Rep. Geymann did not hear this bill in its committee of origin.

HB 1043 by Rep. Fannin, D- Jonesboro, requires a financial institution to file a certificate of occupancy with the local conveyance records office.
Decision: Monitor -This legislation passed and it is Act #375. It requires a financial institution (lender) to file a certificate of occupancy with the local conveyance records office.

HCR 4 by Rep. Mickey Guillory, D-Eunice, urges and requests the secretary of the Department of Health and Hospitals to amend the Louisiana State Plumbing Code to require privacy partitions between urinals in male restrooms consistent with the International Plumbing Code.
Decision: Monitor
-This concurrent resolution passed both the House and the Senate.

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For more information or questions please feel free to contact Norman Morris at 1-800 266-8538 or norman@larealtors.org or you can go to www.legis.state.la.us.

Local Boards can also contact Norman if interested in having their brokers or general membership addressed at meetings on the results of the 2007 Legislative Session.

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