1. A. The provisions of this Part shall have effect from the date of publication hereof as a Rule in the Louisiana Register. Upgrading of such buildings and facilities shall be required when:

   1. 1. the construction of buildings and facilities was not previously approved by the state health officer pursuant to sanitary code requirements then in effect;
   2. 2. substantial renovation of, or additions to, such buildings or facilities is undertaken;

   3. 3. the real property ownership, or the occupancy classification of the business located therein changes subsequent to the effective date hereof;

      1. a. Exception

         1. i. When only a real property ownership change occurs, restroom plumbing fixture upgrades to meet the minimum plumbing fixture requirements contained in LAC 51:XIV.411 and LAC 51:XIV.Table 411 are not to be blindly enforced if the state health officer/Office of Public Health has assurances that the prior or existing business held a food permit (e.g., grocery store, restaurant, etc.) under this Part (LAC 51:XXIII) and the prospective new business owner agrees, in writing to the state health officer/Office of Public Health, to operate the business in exactly the same manner as the prior or existing business owner (e.g., parents sell a business to their children who will operate the business in exactly the same manner) and there have been no documented complaints, within the past 5 years, about:

            1. (a). a lack of toilet room fixtures;
            2. (b). urination in non-restroom fixtures or floor areas within the building; or,
            3. (c). urination on the outside of the building or the premises or adjoining lots or areas, etc.
      2. b. The exception (see §301.A.3.a.) to the normal enforcement procedures (see §301.A.3) shall not be applicable when a serious health threat to the public exists.
   4. 4. the business ownership (occupant) changes subsequent to the effective date, except that the upgrading of restroom plumbing fixtures shall not be required where only the business ownership (occupant) changes if the construction of restroom plumbing fixtures was approved by the state health officer pursuant to sanitary code requirements then in effect; or
   5. 5. a serious health threat to the public health exists, unless otherwise specifically provided hereinafter.

Authority Note

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

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:315 (February 2002), amended LR 28:1409 (June 2002), LR 38:2926 (November 2012).