December 12, 2011
Mrs. Charlotte Randolph, President
Lafourche Parish
P.O. Drawer 5548
Thibodaux, LA 70301
Re:
Certificate of Occupancy Permit #37255
Dear Mrs. Randolph:
It has been alleged that by signing the above referenced permit approving occupancy for a commercial structure
you violated provisions of the Louisiana State Uniform Construction Code (hereinafter referred to as “the Code”).
As you are aware, the Code was enacted after Hurricane Katrina. The state required all parishes and
municipalities to adopt the International Building Code (hereinafter referred to as the “IBC”). The Code was enacted
by the state legislature to, in conjunction with the IBC; establish uniform construction standards throughout the state.
Louisiana State Uniform Construction Code Council (hereinafter referred to as “the Council”) is the agency that was
created to review and adopt provisions of the Code and also to provide training for code enforcement officers and
inspectors. The Council also establishes the requirements and processes for the certification and continuing education
of code enforcement officers, inspectors, third party providers and building officials.
In order to prepare this letter, the following documentation was reviewed:
1.
Louisiana State Uniform Construction Code
2.
Chapter 1 of the International Building Code
3.
Lafourche Parish Code of Ordinances Section 5
The following persons were contacted:
1.
Mr. Frank Morris- former Lafourche Building Official
2.
Mr. Stephen Quidd- Attorney for La. Dept. of Public Safety
3.
Mr. H. Butch Browning, Jr.- Louisiana State Fire Marshal
4.
Mr. Joseph Delaune- Certified Building Official (La. State Fire Marshal)
5.
Ms. Marta Salario- Administrator Code Specialist La. Code Council
HISTORY
During construction of a commercial building, both the state fire marshal and the certified building official
review plans and conduct inspections. The regulations that the fire marshal operates under are promulgated within the
National Fire Protection Association specifically NFPA 101 which is the Life-Safety Code. The certified building
official utilizes the standards set forth in the Code and the IBC. The IBC contains standards for life-safety issues that
are on occasion more stringent than those contained within the state fire marshal guidelines (NFPA). Prior to August
15, 2011, in the event of a conflict between fire marshal regulations and building code regulations, a certified building
official or certified building inspector had no option but to follow IBC guidelines. Act 391 (effective August 15, 2011)
which became section H of La. R.S. 40:1730.23 states that the “parish or municipality may adopt the recommendations
of the state fire marshal on matters related to life-safety.” According to the state fire marshal, the intent of this newly
added section of the Code was to give parishes and municipalities more leeway. It is my understanding that this is the
language you relied upon in signing the Certificate of Occupancy.
According to the information we have been provided, the plan review for the building at issue was signed by
Mr. Morris on May 17, 2011. The plan review was issued with the stipulation that a three (3) hour wall (fire barrier)
would be constructed. Building construction commenced and sometime in September the parish inspector visited the
site for an inspection. At that time, the inspector noted that a one (1) hour fire barrier was built. When Mr. Morris was
notified of this fact, he instructed parish permit personnel to put a hold on the building’s permanent power connection
with Entergy. Some time after this directive was issued, the power hold was lifted by you and power connection was
established. On November 7, 2011, the certificate of occupancy was submitted to Mr. Morris for his signature. It was
at that time that Mr. Morris was informed that you had overridden his directive and that the permanent power had been
connected. Mr. Morris refused to sign the certificate of occupancy based upon the fact that the building did not meet
Code requirements. Mr. Morris spoke to you about the matter and stated that he would not sign the certificate. You
thereafter took it upon yourself to sign the certificate contrary to the clear language contained within our parish
ordinance which allows that only a certified building official may sign the certificate of occupancy.
STATE LAW
We have spoken to the attorney for the Louisiana Department of Public Safety Mr. Stephen Quidd regarding
your signature on the above referenced permit. The Louisiana Department of Public Safety oversees the Council. As
the attorney overseeing the Council, Mr. Quidd is very familiar with the provisions of the Code and he acknowledges
that there is a gap in the law regarding signing of occupancy permits for commercial structures. The reason for the
“gap” is that state law does not specify who is permitted or prohibited from signing certificates or occupancy or other
permit documentation. These types of administrative stipulations are contained within Chapter 1 of the IBC. The state
has not adopted this portion of the IBC, but instead has left it up to individual parishes and municipalities to decide
which portions of Chapter 1 to adopt. Lafourche has incorporated most of Chapter 1 into its parish ordinance.
[Although in reading the entire Code it appears as though the statutes intend a certified building official sign permits
and certificates, the state statutes do not specifically state that only certified building officials can sign permits and
certificates.]
PARISH LAW
Section 5:110.1 and 5:111.1 of the Lafourche Parish Code of Ordinances clearly state that the certified building
official is the only person authorized to sign certificates of occupancy and release permanent power. Although it is
apparent that two (2) violations of the parish ordinances have occurred, there is no penalty associated with these
particular violations. The penalty associated with a violation of these ordinances (Section 5:113.4) is a monetary
penalty meant to apply to those persons who build without the required permits and would therefore not cover the
situation at issue.
CONCLUSION
Therefore, based upon the vagueness of the state statutes I do not think that a criminal violation of the state
statutes occurred. Furthermore, based upon the parish ordinances it appears as though the certificate you signed is
invalid, but you would not be subject to the monetary penalty or criminal prosecution.
For future reference, I would strongly recommend that you refrain from signing any documentation that is
customarily signed by the parish’s certified building official. The statutes that make up the state building code are
vaguely worded in some respects and therefore make criminal prosecution difficult but the intent of the Code and the
parish ordinances are relatively clear: parishes and municipalities are required to appoint and rely on certified building
officials to insure that the Code is adhered to and those certified persons, not other parish officials should sign the
requisite authorizations.
Sincerely,
Camille A. Morvant, II
District Attorney
cc:
Parish Council Members
Parish Council Clerk