2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1484.7. Operation of inflatable amusement devices; notice; changes in schedule; fines

RS 40:1484.7 - Operation of inflatable amusement devices; notice; changes in schedule; fines
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.