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2023 Op. La. Att'y Gen. 1 (2023)

handle is hein.sag/sagla2023 and id is 1 raw text is: State of Louisiana DEPARTMENT OF JUSTICE CIVIL DIVISION P.O. BOX 94005 BATON ROUGE 70804-9005 Jeff Landry Attorney General January 3, 2023 OPINION 22-0117 47-1 FIRE MARSHALL, State 90-C PUBLIC RECORDS La. R.S. 40:1563(A) Honorable Michael Echols La. R.S. 40:1646(A) La. R.S. 40:1664.1, et seq. State Representative, District 14 La. R.S.44:1, et. seq. 8823 Highway 165 N., Ste. 1 The Louisiana Public Records Act does not require the Louisiana Monroe, Louisiana 71203 State Fire Marshal to disclose the client data of a state-licensed, independent contractors, which is maintained by a third-party software vendor and/or its sister company, when the data is Dear Representative Echols: neither used, maintained, nor accessible by the Louisiana State Fire Marshal. Our office is in receipt of your request for an opinion regarding the Louisiana State Fire Marshall's (LSFM) obligation under the Louisiana Public Records Law, La. R.S. 44:1, et. seq. (LPRL), to disclose records maintained by the sister company of the LSFM's third-party software vendor (the Software Vendor). State law charges the LSFM to take those steps necessary and proper to protect life and property from the hazards of fire and of panic which may arise from fire or from the threat of fire or explosion.1 In the furtherance of those duties, the LSFM is authorized to cause the inspection, certification, and testing of all life safety systems and equipment in the state, whether in public or private buildings, upon receipt of a complaint, during installation, or after installation to determine compliance with applicable codes, standards, and manufacturer specifications. Inspection duties are delegated to third-party, independent contractors as authorized by La. R.S. 40:1646(A):3 The request provides that the LSFM has contracted with the Software Vendor to replace its paper inspection tagging system with a digital QR Code Tagging system. The digital system will essentially allow contractors to electronically report inspection information regarding fire protection equipment, such as sprinkler systems and fire alarms, directly to the LSFM. The inspection data, e.g., the date and status of inspected equipment, will be transmitted to the LSFM's existing information management system. The request also provides that the Software Vendor's sister company offers the contractors use of the same QR Code Tagging system in conjunction with a software module that customizes the system for contractor use (hereinafter Contractor System). The Contractor System allows the inspector to use the OR Code Tags to transmit client- specific inspection data to an information management system. Use of the Contractor System is not mandated by the LSFM. The data contained in the Contractor System, with 1 La. R.S. 40:1563(A). 2La. R.S. 40:1646(A). The terms inspection, certification, and testing will be used interchangeably herein. 3 Inspection contractors are licensed and regulated by the LSFM in accordance with the licensing provisions set forth in the Life Safety and Property Protection Licensing Act, La. R.S. 40:1664.1, et. seq.

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