2009 Louisiana Laws TITLE 40 Public health and safety :: RS 40:1730.28 Mandatory adoption of certain nationally recognized codes and standards as the state uniform construction code; adoption by reference

§1730.28.  Mandatory adoption of certain nationally recognized codes and standards as the state uniform construction code; adoption by reference

A.  Except as provided in Subsection C of this Section, the council shall evaluate, adopt, and amend only the latest editions of the following as the state uniform construction code:

(1)  International Building Code, not including Parts I-Administrative, Chapter 11-Accessibility, Chapter 27-Electrical and Chapter 29-Plumbing Systems.  The applicable standards referenced in that code are included for regulation of construction within this state. The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.

(2)  International Existing Building Code, not including Parts I-Administrative, and the standards referenced in that code for regulation of construction within this state.  The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.

(3)(a)  International Residential Code, not including Parts I-Administrative, V-Mechanical, VII-Plumbing and VIII-Electrical.  The applicable standards referenced in that code are included for regulation of construction within this state.  The enforcement of such standards shall be mandatory only with respect to new construction, reconstruction, additions to homes previously built to the International Residential Code, and extensive alterations; however, a municipality, parish, or regional planning commission may enforce Appendix J of the code at its option.  The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption, with the exception of Appendix J, Existing Buildings and Structures, which shall not be adopted by the council and may be adopted and enforced only at the option of a parish, municipality, or regional planning commission.  For the purposes of this Part, IRC R301.2.1.1 (Design Criteria) shall be amended as follows and shall only apply to the International Residential Code, 2003 edition:

(i)  Amendment of R301.2.1.1 (Design Criteria).

(ii)  Item 6, the American Concrete Institute, Guide to Concrete Masonry Residential Construction in High Winds Areas, shall be added.

(iii)  Item 7, Institute for Business & Home Safety, Optional Code-plus Fortified for Safer Living, shall be added.

(iv)  Item 8, Federal Alliance for Safe Homes, Optional Code-plus Blueprint for Safety, shall be added.

(b)  For purposes of this Paragraph, an extensive alteration shall mean an alteration when the total area of all the work areas included in the alteration exceeds fifty percent of the area of the dwelling unit.

(c)  For purposes of this Paragraph, "reconstruction" and "alteration" shall have the same meaning as such terms are defined in Appendix J of the 2006 edition of the International Residential Code.  For purposes of this Paragraph, "addition" shall have the same meaning as such term is defined in Part II of the 2006 edition of the International Residential Code.

(d)  The council shall not adopt any part of the International Residential Code that is excluded by Subparagraph (A)(3)(a) of this Section.  Further, any rule that adopts or has been adopted to add an excluded part of the code shall be deemed invalid.

(e)  Part IV-Energy Conservation of the latest edition of the International Residential Code is hereby amended to require that supply and return ducts be insulated to a minimum of R-6.

(4)  International Mechanical Code and the standards referenced in that code for regulation of construction within this state.  The appendices of the code provided in this Paragraph may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.

(5)  The Louisiana State Plumbing Code [Part XIV (Plumbing) of the State Sanitary Code] as amended by the state health officer acting through the office of public health of the Department of Health and Hospitals.  Nothing in this Part shall be construed so as to prevent the state health officer from enforcing Part XIV (Plumbing) of the State Sanitary Code, the enforcement of which is his statutory and regulatory responsibility.

(6)  International Fuel Gas Code and the standards referenced in that code for regulation of construction within this state.  The appendices of the code provided in this Paragraph may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.

(7)  National Electric Code.

B.  The initial code adopted by the council under the provisions of this Part shall become effective on January 1, 2007.

C.  For purposes of Paragraph (A)(3) of this Section, the 2006 edition of the International Residential Code is hereby adopted and amended to include Section R301.2.1.1 of the 2003 edition of the International Residential Code in lieu of Section R301.2.1.1 of the 2006 edition.  The code adopted and amended above in this Subsection shall remain in effect until the 2009 edition of the International Residential Code is published, at which time such edition of the code shall be adopted by the council as provided in Subparagraph (A)(3)(a) of this Section.  Thereafter, the council shall evaluate and adopt the latest edition of the International Residential Code as provided in Subparagraph (A)(3)(a) of this Section.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 458, §1, eff. June 15, 2006; Acts 2007, No. 335, §1, eff. July 9, 2007; Acts 2008, No. 484, §1.