Louisiana Revised Statutes 40:1484.13 – A. To engage in the inspection or operation of an inflatable amusement device, amusement attraction, or amusement ride, a firm shall apply for and obtain a license and the respective
Terms Used In Louisiana Revised Statutes 40:1484.13
- Amusement attraction: means any building or structure around, over, or through which people may move or walk, without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills, or excitement. See Louisiana Revised Statutes 40:1484.3
- Amusement ride: means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. See Louisiana Revised Statutes 40:1484.3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Employee: means a person who performs services for wages or salary from his employer. See Louisiana Revised Statutes 40:1484.3
- Firm: means a sole proprietorship, corporation, limited liability company, or similar type of business entity. See Louisiana Revised Statutes 40:1484.3
- Inflatable amusement device: means any amusement attraction that incorporates a structural and mechanical system that employs a high-strength fabric or film that achieves its strength, shape, and stability by pretensioning with internal air pressure for activities including, but not limited to bouncing, climbing, sliding, or interactive play, which may or may not be enclosed. See Louisiana Revised Statutes 40:1484.3
- inspection: means the thorough physical examination and functional testing of an inflatable amusement device, amusement attraction, or amusement ride and its component parts necessary to ensure that the device, attraction, or ride complies with all applicable adopted laws, rules, standards, and corresponding manufacturer's installation manuals, maintenance and service repair bulletins, or notices. See Louisiana Revised Statutes 40:1484.3
- Insurance policy: means a contract or other written instrument between an insured and insurer setting forth the obligations and responsibilities of each party. See Louisiana Revised Statutes 40:1421
- investigation: means the thorough physical examination of an inflatable amusement device, amusement attraction, or amusement ride and its component parts by the office of state fire marshal in response to a complaint or an accident, which may or may not have resulted in injury or death, to determine the cause of the accident. See Louisiana Revised Statutes 40:1484.3
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Testing: means the set-up and activation of an inflatable amusement device, amusement attraction, or amusement ride for the purpose of analyzing such device, attraction, or ride and its component parts for safety. See Louisiana Revised Statutes 40:1484.3
A. To engage in the inspection or operation of an inflatable amusement device, amusement attraction, or amusement ride, a firm shall apply for and obtain a license and the respective relevant endorsement for inspection or operation. The inspection endorsement authorizes the licensee to conduct any necessary testing.
B. An applicant for a third-party inspection firm license shall submit all of the following to the state fire marshal:
(1) A completed firm application including the names of all owners, managers, or members.
(2) Documentation that the firm is an entity duly authorized to conduct business within this state. If the firm is physically located in Louisiana, documentation shall be in the form of a local or parish occupational license, if such license exists, and if incorporated, a certificate of good standing issued by the secretary of state. If the firm is physically located outside of the state, documentation shall be in the form of a certificate of good standing issued by the secretary of state as a foreign corporation including the name of the firm’s registered agent of service.
(3) An original certificate of insurance documenting that the firm has general liability coverage in a minimum amount of one million dollars.
(4) An original certificate of insurance documenting that the firm has “Errors and Omissions” coverage in a minimum amount of one million dollars.
(5) An original certificate of insurance documenting that the firm has a current and valid worker’s compensation insurance policy as required by state law.
(6) The name of the person who will serve as the contact for the firm.
(7) The application fee authorized by this Part.
(8) Proof of employment of a qualified individual with proper certification and training at each of its operating locations.
C. An applicant for an operating firm license shall submit the following to the state fire marshal:
(1) A completed firm application including the names of all owners, managers, or members.
(2) An original certificate of insurance documenting that the firm has general liability coverage in a minimum amount of one million dollars and in which all inflatable amusement devices, amusement attractions, or amusement rides subject to coverage are listed on the declarations page.
(3) An original certificate of insurance documenting that the firm has a current and valid workers’ compensation insurance policy as required by state law.
(4) The name of the person who will serve as the contact for the firm.
(5) The application fee authorized by this Part.
D. As a condition of licensure, each firm shall be open for inspection by the state fire marshal or his designated representative at any reasonable time for the purpose of observation and collection of facts and data relating to proper enforcement of this Part. No person acting on behalf of the firm shall refuse to admit the state fire marshal or his designated representative to an operating location or its business location where the firm keeps records. A firm physically located outside of Louisiana may be charged for the travel expenses of the state fire marshal to conduct such an inspection.
E. As a further condition of licensure, the acceptance of a license by a firm is deemed as the firm’s consent to submit to reasonable requests for documentation by the state fire marshal or his designated representatives and to cooperate in a lawful investigation by the office of state fire marshal. A firm refusing to cooperate with any lawful investigation by the office of state fire marshal is subject to any applicable penalty as provided in this Part, including suspension or revocation of a license.
F. Each firm shall clearly display its license in a conspicuous location at its place of business.
G. The firm shall notify the state fire marshal within ten days of the following:
(1) A change in the business address of the firm.
(2) A change in ownership of or interest in the firm.
(3) The termination of a licensed employee.
Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.