Louisiana Revised Statutes 40:1484.7 – A. At least five days prior to commencing operation of any inflatable amusement device, except for the purpose of testing, training, and inspection, the operator shall give written o
Terms Used In Louisiana Revised Statutes 40:1484.7
- Audit: means an official inspection of an operator's actions and documentation as it relates to the coordination of inflatable amusement devices, amusement rides, and amusement attractions at an event and a set-up inspector's actions, documentation, and tagging as it relates to the set-up inspection of inflatable amusement devices, amusement rides, and amusement attractions at an event, including each operator's and set-up inspector's adherence to applicable statutes and rules. See Louisiana Revised Statutes 40:1484.3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Event: means a private or public organized occasion, where people and entertainment are usually present, which may be celebratory in nature and occurs at a temporary operation location. See Louisiana Revised Statutes 40:1484.3
- Fixed operation location: means an operating location wherein amusement devices, amusement attractions, or amusement rides are operated for an indefinite period of time and are not often disassembled and reassembled. 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
- 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
- Operate: means to manage and coordinate an inflatable amusement device, amusement attraction, or amusement ride at an event or a fixed operation location. See Louisiana Revised Statutes 40:1484.3
- Operator: means a person or firm who may or may not own the inflatable amusements devices, amusement attractions, or amusement rides who is managing, coordinating, or has the duty to control the operation of the inflatable amusements devices, amusement attractions, or amusement rides at an event or a fixed operation location. See Louisiana Revised Statutes 40:1484.3
- Owner: means a person or firm, or the agent of a person or firm, who owns an amusement attraction, amusement ride, or more than two inflatable amusement devices, and at least one of the person's or firm's inflatable amusement devices, amusement attractions, or amusement rides is utilized in this state. See Louisiana Revised Statutes 40:1484.3
- Set-up inspection: means a review of all necessary documents, including service and repair documents, the observation of and examination of the assembly, set-up, and operation of an inflatable amusement device, amusement attraction, or amusement ride, and an inspection of the foundation, blocking, fuel containers, and mechanical and electrical conditions of such a device, attraction, or ride. See Louisiana Revised Statutes 40:1484.3
- 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. At least five days prior to commencing operation of any inflatable amusement device, except for the purpose of testing, training, and inspection, the operator shall give written or electronic notification to the office of state fire marshal of his intent to commence operation of the inflatable amusement device.
B.(1) Any operator who gives written or electronic notification to the office of state fire marshal of his intent to commence operation of the inflatable amusement device fewer than five days prior to commencing operation shall be fined as follows:
(a) Twenty-five dollars per ride or attraction for the first offense.
(b) Fifty dollars per ride or attraction for the second offense.
(c) One hundred fifty dollars per ride or attraction for the third offense.
(d) Two hundred dollars per ride or attraction for each additional offense thereafter.
(2) In determining the number of offenses that have occurred, only offenses occurring over the three-year period preceding the offense at issue shall be considered.
C. If, after the notification, the operator changes his schedule of locations or dates, he shall immediately notify the office of state fire marshal of the change. An operator shall pay a fine of two hundred dollars for any change in schedule of location or date that occurs less than five days prior to the commencement of operation of the inflatable amusement device.
D. Prior to operating any new inflatable amusement device, the operator shall notify the office of state fire marshal of his intent to commence operations, but shall not operate the inflatable amusement device until the owner has registered the inflatable amusement device as required in this Part.
E.(1) The fire marshal or his designee may inspect all inflatable amusement devices operating in this state during the duration of the event at which the inflatable amusement device is being operated.
(2) During an office of state fire marshal inspection or audit, the operator shall submit to the state fire marshal or his designee the set-up inspection report and any other documentation relating to the set-up inspection or an annual inspection.
(3) In the case of inflatable amusement devices operating at a fixed operation location, the fire marshal or his designee shall inspect the inflatable amusement devices no more than once annually, except in furtherance of an investigation arising from a reported ride accident or pursuant to a complaint. The inspection is to ensure compliance with the provisions of this Part and adopted standards, rules, regulations, and applicable manuals, service bulletins, and notices.
(4) The state fire marshal or his designee has free access to any premises in the state where an inflatable amusement device is being installed, built, repaired, or operated for the purpose of ascertaining whether such inflatable amusement device is being installed, built, repaired, or operated in accordance with the provisions of this Part and adopted standards, rules, regulations, and applicable manuals, service bulletins, and notices.
F. The provisions of this Part apply only to inflatable amusement devices which are all of the following:
(1) Open to public.
(2) Located on grounds other than those of a one- or two-family dwelling.
(3) Co-located with other inflatable amusement devices, attractions, or rides governed by this Part.
G. The state fire marshal or his designee has the authority to publish a listing of all noncompliant operators and make such list available to the public upon written demand.
Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.