HB 565 — CHILDREN/CARE: Provides relative to fire safety provisions for day care centers

HLSENROLLED 26RS-375 ENGROSSED Regular Session HOUSE BILL NO.

565 BY REPRESENTATIVE MCMAKIN CHILDREN/CARE:AN ACT To amend and reenact R.S.

Provides relative to fire safety provisions for day care centers AN ACT To amend and reenact R.S.

to provide for fire prevention and safety inspections of early learning centersandchilddaycarecenters;to providerelativetoproviderelativetotheapplicationoffiresafety theapplicationoffiresafety requirements to early learning centers or child day care centers;

fees * * * C.(1) The fire marshal shall not conduct or supervise inspections pursuant to the provisions of Paragraphs (B)(1), (2), (3), and (4) of this Section within the jurisdiction of any local governing authority in which a fire prevention bureau has been properly established by special ordinance and accompanying resolution as Page 1 of 43 CODING:

HLS 26RS-375 ENGROSSED HB NO.

565 ENROLLED been properly established by special ordinance and accompanying resolution as provided in this Section, except as provided in Paragraph Paragraphs (4) and (5) of this Subsection.

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HLS 26RS-375 ENGROSSED HB NO.

565 ENROLLED (ii) All enforcement actions, including fines, penalties, or closure, shall be stayed pending final disposition of the appeal.

* * * DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItPage constitutes3 nopart of the3 legislativeCODING: instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 565 Engrossed 2026 Regular Session McMakin Abstract:

Provides relative to fire safetyprovisions for day care centers Present law provides that the fire marshal is responsible for the conduct and supervision of fire safety inspections of all institutional occupancies requiring a state or federal license, including early learning centers and child daycare centers as defined in present law.

Proposed law amends present law to clarify that the fire marshal is responsible for the conductandsupervisionoffiresafetyinspectionsofearlylearningcentersandchilddaycare centers.

Proposed law provides that the fire marshal enforces only those fire safety requirements expresslyprovided for in adopted state or federal codes and does not impose anyadditional requirements through policy, guidance, or interpretation.

Proposed law establishes that fire safety requirements for early learning or child day care centers are proportional to the size and occupancy of those facilities and are not applied consistent with a commercial or industrial occupancyunless required.

Proposed law provides that the use of standard residential appliances do not require commercial ventilation or fire suppression systems.

Proposed lawrequiresthefiremarshalto providewrittennoticeofanyviolation or required corrective action including a citation to the applicable code provision, and that any person aggrieved by a determination of the fire marshal regarding fire safety requirements may appeal to the division of administrative law with 15 days, with enforcement actions or penalties to be stayed pending appeals.

Proposed law provides that the fire marshal bears the burden of proof that the requirement is expressly authorized by the applicable life safetycodes.

(Amends R.S.

40:1563(C)(1) and (4)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Commerce to the original bill:

1.

Make technical changes.

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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-375 ENGROSSED HB NO.

565 2.

Clarify that the fire marshal enforces only those fire safety requirements expresslyprovided for in adopted state or federal codes and will not impose any additional requirements through policy, guidance, or interpretation.

3.

Provide that fire safetyrequirements for early learning or child day care centers are proportional to the size and occupancyof those facilities and are not applied consistent with a commercial or industrial occupancyunless required.

4.

Providethattheuseofstandardresidentialappliancesdonotrequirecommercial ventilation or fire suppression systems.

5.

Provide that any person aggrieved by a determination of the fire marshal regarding fire safety requirements may appeal to the division of administrative law with 15 days and that enforcement actions or penalties shall be stayed pending appeals.

6.

Providethat,inenforcementactions,thatthefiremarshalhastheburdenofproof todemonstratethataparticularrequirementisexpresslyauthorizedbyapplicable life safety codes.

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