Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part V - Fire Protection › Chapter 25 - Amusement Attractions and Rides › Section V-2531 - Administrative Actions; Enhanced Fine Amounts; Fine Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of State Fire Marshal may
				refuse the issuance or renewal of, suspend, or revoke a license and impose
				administrative penalties, if, after notice, as required by the Administrative
				Procedures Act, it is found that a person, licensed firm, or licensee, or an
				applicant for licensure, failed to comply with the provisions of
				R.S.
				40:1484.1, et seq., or these rules. The State
				Fire Marshal may consider violations in other states or failing to pay
				outstanding fine amounts as grounds for refusing the issuance of or the
				renewing of a license. Additionally, where it is brought to the attention of
				the Office of State Fire Marshal, violations in other states or failing to pay
				outstanding fine amounts may result in the suspension of or revocation of a
				license.
B. In the event that a
				firm or individual is found to be in violation of
				R.S.
				40:1484.1 et seq., and these rules, the
				Office of State Fire Marshal reserves the right to assess enhanced
				administrative fines for repeated substantiated violations over a period of the
				preceding 36 months.
C. The
				following fine schedule shall be used to assess fines to persons, firms, and/or
				employees who violate the laws and rules governing the amusement industry.
				Penalties will be imposed to persons, firms and/or employees based on the
				classification of the offense. Other administrative penalty(ies) may also be
				imposed.
Violation
Fine Amount
1st Offense
2nd Offense
3rd Offense
(1)
Failure to register an inflatable amusement device,
							 amusement attraction, or amusement ride.
$100.00
$200.00
$300.00
(2)
Operation of inflatable amusement device, amusement
							 attraction, or amusement ride without a certificate of inspection issued by a
							 licensed third-party inspector.
$250.00
$500.00
$750.00
(3)
Notifying the Office of State Fire Marshal of the
							 intent to operate an amusement attraction, or amusement ride less than five
							 days of the operation of the attraction or ride.
250.00 (Per device)
500.00 (Per device)
1,500.00 (Per device)
(4)
Failure to immediately notify the Office of State
							 Fire Marshal of any change in schedule of location or date that occurs less
							 than five days prior to the commencement of operation of the attraction or
							 ride.
250.00 (Per device)
500.00 (Per device)
1,500.00 (Per device)
(5)
Failure to submit to the State Fire Marshal or his
							 designee the set-up and annual reports and any other documentation relating to
							 the set-up inspection or annual inspection of an amusement attraction,
							 amusement ride, or amusement inflatable device during an Office of State Fire
							 Marshal event inspection or audit.
WARNING
$150.00 and 30 DAY
DEVICE SUSPENSION
$350.00 and 90 DAY
DEVICE SUSPENSION
(6)
Denying access to the State Fire Marshal or his
							 designee to any premises in the state where an inflatable amusement device,
							 amusement attraction, or amusement ride is being installed, built, repaired, or
							 operated for the purpose of ascertaining whether such inflatable amusement
							 device, amusement attraction, or amusement ride 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.
$500.00
$1000.00
$2500.00
(7)
Notifying the Office of State Fire Marshal of the
							 intent to operate an inflatable amusement device less than five days of the
							 operation of the device.
200.00 (Per device)
400.00 (Per device)
1,200.00 (Per device)
(8)
Failure to immediately notify the Office of State
							 Fire Marshal of 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.
200.00 (Per device)
400.00 (Per device)
1,200.00 (Per device)
(9)
Failure to submit to the State Fire Marshal or his
							 designee the set-up report and any other documentation relating to the set-up
							 inspection or an annual inspection of an inflatable amusement device during an
							 Office of State Fire Marshal event inspection or audit.
WARNING
$150.00 and 30 DAY
DEVICE SUSPENSION
$350.00 and 90 DAY
DEVICE SUSPENSION
(10)
Denying access to the State Fire Marshal or his
							 designee 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.
$500.00
$1000.00
$2500.00
(11)
Failure to conduct a set-up inspection of an
							 inflatable amusement device, amusement attraction, or amusement ride prior to
							 operating the device, attraction, or ride at each event in the state.
$500.00 (Per device)
$750.00 (Per device)
$750.00 (Per device)
(12)
Failure to affix a green event tag on an inflatable
							 amusement device, amusement attraction, or amusement ride that has been
							 inspected and found to be in compliance pursuant to the findings of a set-up
							 inspection and corresponding adopted rules and regulations.
$50.00
$100.00
$200.00
(13)
Failure to notify the Office of State Fire Marshal
							 within two hours after finding that an inflatable amusement device, amusement
							 attraction, or amusement ride is not in compliance pursuant to the findings of
							 a set-up inspection and corresponding adopted rules and regulations; or
							 affixing an impairment tag on the device, attraction, or ride.
$100.00
$250.00
$500.00
(14)
Failure to properly affix an impairment tag on an
							 inflatable amusement device, amusement attraction, or amusement ride that is
							 not in compliance pursuant to the findings of a set-up inspection and
							 corresponding adopted rules and regulations.
$100.00
$250.00
$500.00
(15)
Inspecting or testing of an inflatable amusement
							 device, amusement attraction, or amusement ride by the owner or operator of the
							 same.
$500.00
$750.00
$1000.00
(16)
Failure to notify the Office of State Fire Marshal of
							 a change in the business address of the firm within 10 days of the
							 change.
WARNING
$100.00
$250.00
(17)
Failure to notify the Office of State Fire Marshal of
							 a change in the ownership of or interest in the firm within 10 days of the
							 change.
$250.00
$250.00
$250.00
(18)
Failure to notify the Office of State Fire Marshal of
							 a change in home address within 10 days of the change (Individual).
WARNING
$25.00
$50.00
(19)
Failure to notify the Office of State Fire Marshal of
							 a separation from an employer or change in employer within 10 days of the
							 change (Individual).
WARNING
$25.00
$50.00
(20)
Licensed individual contracting his services as an
							 independent contractor or agent with any other firm, whether such firm is
							 engaged in testing, inspection, or operation.
$750.00
$1000.00
$1250.00
(21)
Engaging in the operation of an inflatable amusement
							 device, amusement attraction, or amusement ride without a valid license issued
							 by the Office of State Fire Marshal (Operator).
$1000.00
$1250.00
$1500.00
(22)
Aiding and abetting an unlicensed individual,
							 employee, or firm in the testing, inspection, or operation of an inflatable
							 amusement device, amusement attraction, or amusement ride (Operator).
$500.00
$750.00
$1000.00
(23)
Operating an inflatable amusement device, amusement
							 attraction, or amusement ride contrary to applicable codes, standards, or
							 manufacturer's specifications without specific written authorization from the
							 Office of State Fire Marshal (Operator).
$500.00
$750.00
$1000.00
(24)
Submitting an application or any other document to
							 the Office of State Fire Marshal when the person reasonably should have known
							 the document contained false or misleading information (Operator).
$500.00
$750.00
$1000.00
(25)
Engaging in false, misleading, or deceptive acts or
							 practices (Operator).
$500.00 (can include suspension or revocation of
							 license)
$750.00 (can include suspension or revocation of
							 license)
$1000.00 (can include suspension or revocation of
							 license)
(26)
Failure to maintain a valid license
							 (Operator).
$500.00
$1000.00
$2500.00
(27)
Failure to maintain valid insurance coverage as
							 required (Operator).
$500.00
$750.00
$1000.00
(28)
Refusal to admit the state fire marshal or his
							 designated representative to any operating location or to cooperate in the
							 purposes of such admittance (Operator).
$500.00
$750.00
$1000.00
(29)
Failure to maintain his license on his person and
							 present it for inspection (Operator).
WARNING
$100.00
$250.00
(30)
Refusal to cooperate with any lawful investigation by
							 the Office of State Fire Marshal (Operator).
$500.00 (can include suspension or revocation of
							 license)
$1000.00 (can include suspension or revocation of
							 license)
$2500.00 (can include suspension or revocation of
							 license)
(31)
Failure to abide by the administrative rules
							 (Operator).
$500.00
$750.00
$1000.00
(32)
Engaging in the inspection or testing of an
							 inflatable amusement device, amusement ride, or amusement attraction without a
							 valid license issued by the Office of State Fire Marshal (Third-Party
							 Inspector).
$750.00
$1000.00
$1250.00
(33)
Aiding and abetting an unlicensed operator in the
							 operation of an inflatable amusement device, amusement attraction, or amusement
							 ride (Third-Party Inspector).
$250.00
$500.00
$750.00
(34)
Aiding and abetting an unlicensed individual or firm
							 in the inspection or testing of an inflatable amusement device, amusement ride,
							 or amusement attraction (Third-Party Inspector).
$250.00
$500.00
$750.00
(35)
Certifying, testing, or inspecting an inflatable
							 amusement device, amusement attraction, or amusement ride contrary to the
							 provisions of this Part and adopted standards, regulations, and applicable
							 manuals, service bulletins, and notices (Third-Party Inspector).
$1000.00
$2500.00
$3500.00
(36)
Submitting an application or any other document to
							 the Office of State Fire Marshal when the third-party inspector reasonably
							 should have known the document contained false or misleading information
							 (Third-Party Inspector).
$500.00
$1000.00
$2500.00
(37)
Engaging in false, misleading, or deceptive acts or
							 practices (Third-Party Inspector).
$1000.00 (can include suspension or revocation of
							 license)
$2500.00 (can include suspension or revocation of
							 license)
$5000.00 (can include suspension or revocation of
							 license)
(38)
Failure to maintain valid license (Third-Party
							 Inspector).
$500.00
$1000.00
$2500.00
(39)
Failure to maintain valid insurance coverage as
							 required (Third-Party Inspector).
$500.00
$1000.00
$2500.00
(40)
Refusal to admit the state fire marshal or his
							 designated representative to any operating location or to cooperate in the
							 purposes of such admittance (Third-Party Inspector).
$250.00
$500.00
$100.00
(41)
Failure to maintain his license on his person and
							 present it for inspection (Third-Party Inspector).
WARNING
$100.00
$250.00
(42)
Refusal to cooperate with any lawful investigation by
							 the Office of State Fire Marshal (Third-Party Inspector).
$ (can include suspension or revocation of
							 license)
$ (can include suspension or revocation of
							 license)
$ (can include suspension or revocation of
							 license)
(43)
Failure to abide by the administrative rules
							 (Third-Party Inspector).
$500.00
$750.00
$1000.00
(44)
Engaging in the set-up inspection of an inflatable
							 amusement device, amusement ride, or amusement attraction without a valid
							 license issued by the Office of State Fire Marshal (Set-Up Inspector).
$500.00
$750.00
$1000.00
(45)
Aiding and abetting an unlicensed operator in the
							 operation of an inflatable amusement device, amusement attraction, or amusement
							 ride (Set-Up Inspector).
$150.00
$250.00
$350.00
(46)
Certifying or inspecting an inflatable amusement
							 device, amusement attraction, or amusement ride contrary to the provisions of
							 this Part and adopted standards, regulations, and applicable manuals, service
							 bulletins, and notices (Set-Up Inspector).
$1000.00
$2500.00
$5000.00
(47)
Submitting an application or any other document to
							 the Office of State Fire Marshal when the set-up inspector reasonably should
							 have known the document contained false or misleading information (Set-Up
							 Inspector).
$500.00
$1000.00
$2500.00
(48)
Engaging in false, misleading, or deceptive acts or
							 practices (Set-Up Inspector).
$1000.00 (can include suspension or revocation of
							 license)
$2500.00 (can include suspension or revocation of
							 license)
$5000.00 (can include suspension or revocation of
							 license)
(49)
Failure to maintain a valid license (Set-Up
							 Inspector).
$250.00
$500.00
$750.00
(50)
Refusal to admit the state fire marshal or his
							 designated representative to any operating location or to cooperate in the
							 purposes of such admittance (Set-Up Inspector).
$150.00
$250.00
$350.00
(51)
Failure to maintain his license on his person and
							 present it for inspection (Set-Up Inspector).
WARNING
$100.00
$250.00
(52)
Refusal to cooperate with any lawful investigation by
							 the Office of State Fire Marshal (Set-Up Inspector).
$500.00 (can include suspension or revocation of
							 license)
$1000.00 (can include suspension or revocation of
							 license)
$2500.00 (can include suspension or revocation of
							 license)
(53)
Altering a license, certificate, or other document
							 received from the Office of State Fire Marshal.
$1000.00 (can include suspension or revocation of
							 license)
$2500.00 (can include suspension or revocation of
							 license)
$5000.00 (can include suspension or revocation of
							 license)
(54)
Failure to abide by the administrative rules (Set-Up
							 Inspector).
$500.00
$750.00
$1000.00
(55)
Violation of a cease and desist order by operating an
							 inflatable amusement device, amusement attraction, or amusement ride that was
							 the subject of a red tag affixation or the removal of a red tag by person(s)
							 other than the state fire marshal or his designee.
$1000.00
$2500.00
$5000.00
(56)
Failure to notify the Office of State Fire Marshal
							 after affixing a red event (impairment) tag on an inflatable amusement device,
							 amusement attraction, or amusement ride.
$500.00
$1000.00
$2500.00
(57)
Modification of the passenger restraints, cushioning,
							 or containing devices of an inflatable amusement device, amusement attraction,
							 or amusement ride without prior approval of the manufacturer and the Office of
							 State Fire Marshal.
$500.00
$1000.00
$2500.00
(58)
Failure to maintain an inflatable amusement device,
							 amusement attraction, or amusement ride in accordance with the manufacturers
							 designs and recommendations.
$500.00
$1000.00
$2500.00
(59)
Failure to immediately notify the Office of State
							 Fire Marshal in the event of an inflatable amusement device, amusement
							 attraction, or amusement ride accident that resulted in serious injury or
							 death.
$1000.00
$2000.00
$3000.00
(60)
Failure to notify the Office of State Fire Marshal in
							 the event of an inflatable amusement device, amusement attraction, or amusement
							 ride accident.
$500.00
$1000.00
$2000.00
(61)
Altering a certificate of licensure or individual
							 license.
$100.00
$250.00
$500.00
D.
				The state fire marshal may deviate from this fine schedule where circumstances
				and/or evidence warrant a more stringent or more lenient penalty.
E. In lieu of fine payments, the state fire
				marshal may require remedial or additional training be obtained by those found
				in violation.
F. Those offenses not
				enumerated in this list shall receive penalties for violations of similar
				nature.
G. The Office of State Fire
				Marshal may also pursue injunctive relief for any of the above enumerated
				offenses.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1484.2(B).