La. Admin. Code tit. 51 § I-123

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-123 - Exemptions from Code [formerly paragraph 1:011]

A. When the construction of buildings and facilities was approved by the state health officer pursuant to sanitary code requirements then in effect, upgrading of such buildings and facilities shall not be required except where:

1. substantial renovation of such buildings or facilities is undertaken; or

2. where the ownership thereof or the business located therein changes subsequent to the effective date of the Sanitary Code; or

a. The text, or a portion thereof, contained in Paragraph A.2 does not apply when any particular provision of this code allows an exception to such requirement (e.g., see LAC 51:XIV.411.A.1.a and LAC 51:XXIII.301.A.3 - relative to a real property ownership change only). The non-applicable text, or a portion thereof, of Paragraph A.2 is limited to what is allowed under the specific exception thereto. The wording of this Subparagraph shall not be deemed to supercede the need to upgrade when:

i. Paragraph A.1 is applicable (i.e., substantial renovation is undertaken);

ii. the business located therein changes (i.e., the occupancy classification changes) under Paragraph A.2; or

iii. Paragraph A.3 is applicable (i.e., a serious health threat exists).

3. where a serious health threat exists, unless otherwise specifically provided hereinafter.

La. Admin. Code tit. 51, § I-123

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 27:1695, (October 2001), amended LR 28:1211 (June 2002), LR 38:2790 (November 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4 and R.S. 40:5.