Legislative committee explores clarification of state’s fire protection codes

(The Center Square) — The House Committee on Fire Protection/Construction Code Task Force met on Monday as members work on a consistent fire code for residential and commercial construction.

Louisiana builders often receive inconsistent instruction from various regulatory authorities and have burdened Louisiana businesses and homebuilders in getting projects approved.

The witnesses at Monday’s task force meeting generally agreed that the state fire marshal needed independence and significant authority, though made clear that the other codes provided important perspective and guidance.

Currently, Louisiana abides by the International Fire Code and the NFPA codes, and the two bodies often have conflicting or have different requirements for certain protections.

Michael Wich, speaking on behalf of the Louisiana Home Builders Association, said that he supported Act 534.

“We think it will create a more accurate and efficient review and inspection process,” Wich said. “It will create a much closer working relationship between the locals and the state Fire Marshal’s office.”

Joe Delaune, the chief architect at Louisiana’s Fire Marshal’s office said he was surprised the fire marshal didn’t have a guaranteed seat on the code council.

Among those who spoke was Makayla D’Amore, a licensed fire protection engineer with experience across several states. She emphasized that the NFPA and IBC codes are designed to function independently and do not necessarily need to interact.

“Many states opt for them to interact, and they go with the more stringent requirements,” D’Amore noted, suggesting that Louisiana could benefit from adopting a similar approach.

D’Amore cited Florida as a successful case study, where both NFPA and IBC codes are frequently amended to meet local needs.

“I’m not sure why in the state of Louisiana, we’re not able to amend the elected codes,” she stated, highlighting that states like Georgia have a clear framework for local amendments, which have been positively received by end users.

She also discussed the importance of local officials who understand their specific communities and can tailor regulations accordingly.

“We have local officials because they know their parish or city better than someone who is just passing through,” D’Amore said.

Additionally, D’Amore addressed the concept of equivalencies in code requirements, particularly referencing practices in North Carolina and South Carolina, where equivalencies are submitted to the state for approval.

“Cost should not be a reasonable requirement for a variance,” D’Amore said, emphasizing that there must be legitimate reasons for any deviations from established codes.

Participants in the hearing voiced their concerns about the potential loss of life should the NFPA codes be eliminated. Many agreed that maintaining the Louisiana State Fire Marshal’s authority is crucial, regardless of which codes are adopted.

“If we get rid of NFPA 101, the state fire marshal does not need to be resolved. It needs to stay there,” D’Amore said.

The task force was created by House Resolution 291 passed in the previous session and signed into law by Gov. Jeff Landry.