Louisiana Revised Statutes 40:1734 – Accessibility features required of new public buildings or facilities; private buildings or facilities; dwelling units; courthouses
Terms Used In Louisiana Revised Statutes 40:1734
- 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
- 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
- Dwelling unit: means a single unit of residence for a household of one or more persons. See Louisiana Revised Statutes 40:1732
- Fire marshal: means the fire marshal of the state of Louisiana. See Louisiana Revised Statutes 40:1732
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- 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
- 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
A. Any new or altered public building or facility or private building or facility shall be made accessible pursuant to ADA Standards subject only to the limitations or exceptions provided for therein. However, any altered public building or facility or private building or facility shall not be made to comply with Sections 202.4 and F202.4 of the ADA Standards relative to path of travel.
B. Any dwelling unit in a facility which incorporates four or more dwelling units shall be made accessible in accordance with the ADA Standards and rules promulgated by the fire marshal pursuant to the Administrative Procedure Act.
C.(1) Any courthouse, except as provided for in Paragraph (5) of this Subsection, shall be made accessible pursuant to ADA Standards subject only to the limitations or exceptions provided for therein. Any multistory courthouse shall have at least one-half of all of its elevators in proper working service at all times and shall be made accessible in accordance with the ADA Standards and rules promulgated by the state fire marshal pursuant to the Administrative Procedure Act.
(2) The owner of the multistory courthouse shall contact the elevator repair company within twenty-four hours of the time the elevator became inoperable and no elevator shall remain out of service for repairs and maintenance for more than twenty-one consecutive days from the day the elevator became inoperable, unless the state fire marshal determines that extenuating circumstances necessitate that the elevator remain out of service for a longer period of time. In such an instance, the state fire marshal shall extend the time period and shall notify the owner of the deadline for compliance with this Paragraph.
(3) Failure to comply with Paragraphs (1) and (2) of this Subsection shall be considered a “de facto admission of fault” under the ADA Standards.
(4) The natural or juridical person who owns the building is responsible for the maintenance of the elevator. In addition to the penalties provided in La. Rev. Stat. 40:1743, any building owner who violates or fails to comply with the provisions of this Subsection shall be subject to a fine of two thousand five hundred dollars per day which shall be paid by the natural or juridical person who owns the building and is responsible for maintenance of the elevator.
(5) The provisions of this Subsection shall not apply to any building no longer occupied for the public or private sessions of a court, with its various offices. This includes but is not limited to historical courthouses no longer used for judicial proceedings and museums.
(6) This Subsection shall only apply to a courthouse that contains two or more elevators.
Added by Acts 1977, No. 625, §1. Acts 1990, No. 459, §1; Acts 1995, No. 880, §1; Acts 2008, No. 218, §1; Acts 2011, No. 398, §1; Acts 2018, No. 528, §1.