2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1484.3. Definitions

RS 40:1484.3 - Definitions
As used in this Part, the following terms have the meanings specified in this Section except where the context expressly indicates otherwise:
(1) "Adult amusement attraction or amusement ride" means an attraction that is not a "child amusement attraction or amusement ride" or "kiddie amusement attraction or amusement ride".
(2) "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. "Amusement attraction" does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.
(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. "Amusement ride" also includes any mechanized device or combination of devices of a permanent nature even though such device or combination of devices is subject to building regulations issued by cities or parishes and existing applicable safety orders. "Amusement rides" also include the following:
(a) Bungee rides or bungee operations which utilize as a component a bungee cord, which is an elastic rope made of rubber, latex, or other elastic-type materials whether natural or synthetic.
(b) Go-karts, which means a ride in which a vehicle is controlled or driven by patrons on a fixed course.
(c) Any wave pool, water slide, or other similar attraction that totally or partially immerses a patron in water.
(d) Artificial climbing walls.
(e) Zip lines.
(4) "ANSI" means the American National Standards Institute.
(5) "ASTM" means the American Society for Testing and Materials or ASTM International.
(6) "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.
(7) "Certificate of inspection" means a certificate or report prepared by a third-party inspector pursuant to his inspection which verifies that the inflatable amusement device, amusement attraction, or amusement ride complies with all applicable adopted laws, rules, standards, and its corresponding manufacturer's installation manuals, maintenance and service bulletins, and notices.
(8) "Certificate of registration" means a certificate issued by the office of state fire marshal upon receipt of a completed registration application, valid insurance as required by this Part, and a certificate of inspection.
(9) "Child amusement attraction or amusement ride" or "kiddie amusement attraction or amusement ride" means an amusement attraction or amusement ride designed primarily for use by children weighing ninety pounds or less per passenger unit.
(10) "Compliance inspection" means a type of inspection performed as deemed necessary by the state fire marshal or his designee, usually in conjunction with an audit or investigation, or in response to a complaint.
(11) "Employee" means a person who performs services for wages or salary from his employer.
(12) "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. This shall include but not be limited to fairs, festivals, carnivals, parties, or gatherings.
(13) "Firm" means a sole proprietorship, corporation, limited liability company, or similar type of business entity.
(14) "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.
(15) "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.
(16) "Inspect" or "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.
(17) "Investigate" or "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.
(18) "NAARSO" means the National Association of Amusement Ride Safety Officials.
(19) "Operate" means to manage and coordinate an inflatable amusement device, amusement attraction, or amusement ride at an event or a fixed operation location. The term includes management or coordination which may or may not be performed by the owner of the inflatable amusements device, amusement attraction, or amusement ride.
(20) "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.
(21) "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.
(22) "Ride operator" means the person or persons responsible for directly supervising, monitoring, and attending to the inflatable amusement device, amusement attraction, or amusement ride, including but not limited to collecting tickets or money, ensuring the appropriate number of patrons are boarding and deboarding a ride, ensuring riders are the appropriate height, latching and securing passengers, operating a ride, starting and stopping a ride, and monitoring patrons' activities during a ride's operation to ensure their safety.
(23) "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.
(24) "Set-up inspector" means the person licensed by the office of state fire marshal to conduct the set-up inspection prior to the opening of an amusement attraction or prior to the operation of an inflatable amusement device or amusement ride at each event.
(25) "Temporary operation location" means an operating location where inflatable amusement devices, amusement attractions, or amusement rides are operated for a finite period of time not to exceed thirty days.
(26) "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. This may be done in conjunction with an inspection.
(27) "Third-party inspector" means a person licensed by the office of state fire marshal to test and inspect inflatable amusement devices, amusement attractions, and amusement rides.
Added by Acts 1985, No. 733, §1; Acts 1992, No. 244, §2, eff. June 10, 1992; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.