House Bill No. 565, introduced by Representative McMakin, amends existing law to enhance fire safety provisions specifically for early learning centers and child day care centers in Louisiana. The bill clarifies that the state fire marshal is responsible for conducting fire safety inspections of these facilities and emphasizes that the fire marshal can only enforce fire safety requirements that are explicitly stated in adopted state or federal fire and life safety codes. Additionally, the bill stipulates that any fire safety requirements imposed must be proportional to the size, occupancy, and risk level of the facility, and cannot be applied in a manner consistent with commercial or industrial occupancies unless specifically required by the applicable code.

Furthermore, the bill mandates that the fire marshal provide written notice of any violations or required corrective actions, including citations to the relevant code provisions. It also establishes a process for appeals, allowing individuals aggrieved by the fire marshal's determinations to appeal to the division of administrative law within 15 days of receiving notice. During the appeal process, any enforcement actions, including fines or penalties, will be stayed, and the fire marshal will bear the burden of proof to demonstrate that the requirements are authorized by the applicable codes.

Statutes affected:
HB565 Original: 40:1563(C)(1)
HB565 Engrossed: 40:1563(C)(1)