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ENROLLED
2026 Regular Session
HOUSE BILL NO. 937
BY REPRESENTATIVE LACOMBE AND SENATOR KLEINPETER
1 AN ACT
2 To amend and reenact R.S. 40:1484.2(A), 1484.3(6), (7), (8), and (14) through (25),
3 1484.4(A), (B)(introductory paragraph) and (3), (C)(1), and (D), 1484.5(A), (B)(1)
4 and (3), 1484.6(B) through (E), 1484.8, 1484.9, 1484.11, 1484.13(A), (B)(3) through
5 (7), (C)(2) and (3), 1484.14(A) and (D), 1484.16(7) and (10), 1484.18, 1484.19(1)
6 through (3), 1484.20(1) through (4), 1484.22, 1484.23(A) and (B), 1484.24(C),
7 1484.25(introductory paragraph) and (2), 1484.26, 1484.27, and 1484.28 and to
8 repeal R.S. 40:1484.3(26) and (27), 1484.6(F), 1484.7, 1484.13(B)(8), 1484.15,
9 1484.21, and 1484.23(E), relative to the regulation and safety of amusement rides
10 and devices; to provide for definitions; to provide for registration of amusement
11 rides; to repeal relative to inflatable amusement devices; to provide for third-party
12 inspection; to provide for operation; to provide for penalties; to provide for set-up
13 inspection by the fire marshal; to provide for licensing of inspectors; to provide for
14 licensing of operators; to provide for firm licensing; to provide for application
15 procedures; to provide for duties of the state fire marshal; to provide for licensing
16 fees; to provide for prohibited acts; to provide for cease-and-desist orders; to provide
17 for insurance requirements; and to provide for related matters.
18 Be it enacted by the Legislature of Louisiana:
19 Section 1. R.S. 40:1484.2(A), 1484.3(6), (7), (8), and (14) through (25), 1484.4(A),
20 (B)(introductory paragraph) and (3), (C)(1), and (D), 1484.5(A), (B)(1) and (3), 1484.6(B)
21 through (E), 1484.8, 1484.9, 1484.11, 1484.13(A), (B)(3) through (7), (C)(2) and (3),
22 1484.14(A) and (D), 1484.16(7) and (10), 1484.18, 1484.19(1) through (3), 1484.20(1)
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1 through (4), 1484.22, 1484.23(A) and (B), 1484.24(C), 1484.25(introductory paragraph) and
2 (2), 1484.26, 1484.27, and 1484.28 are hereby amended and reenacted to read as follows:
3 §1484.2. Purpose; administration and enforcement
4 A. The purpose of this Part is to regulate the testing, inspection, and
5 operation of inflatable amusement devices, amusement attractions, and amusement
6 rides, to prohibit the use of such devices, attractions, and rides when they have not
7 been properly registered, have not received a proper and timely certificate of
8 inspection, and have not received a set-up inspection as provided for in this Part.
9 * * *
10 §1484.3. Definitions
11 As used in this Part, the following terms have the meanings specified in this
12 Section except where the context expressly indicates otherwise:
13 * * *
14 (6) "Audit" means an official inspection of an operator's actions and
15 documentation as it relates to the coordination of inflatable amusement devices,
16 amusement rides, and amusement attractions at an event and a set-up inspector's
17 actions, documentation, and tagging as it relates to the set-up inspection of inflatable
18 amusement devices, amusement rides, and amusement attractions at an event,
19 including each operator's and set-up inspector's adherence to applicable statutes and
20 rules.
21 (7) "Certificate of inspection" means a certificate or report prepared by a
22 third-party inspector pursuant to his inspection which verifies that the inflatable
23 amusement device, amusement attraction, or amusement ride complies with all
24 applicable adopted laws, rules, standards, and its corresponding manufacturer's
25 installation manuals, maintenance and service bulletins, and notices.
26 (8) "Certificate of registration" means a certificate issued by the office of
27 state fire marshal upon receipt of a completed and approved registration application,
28 current valid insurance as required by this Part, and a certificate of inspection.
29 * * *
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1 (14) "Fixed operation location" means an operating location wherein
2 amusement devices, amusement attractions, or amusement rides are operated for an
3 indefinite period of time and are not often disassembled and reassembled.
4 (15) "Inflatable amusement device" means any amusement attraction that
5 incorporates a structural and mechanical system that employs a high-strength fabric
6 or film that achieves its strength, shape, and stability by pretensioning with internal
7 air pressure for activities including, but not limited to bouncing, climbing, sliding,
8 or interactive play, which may or may not be enclosed.
9 (16) "Inspect" or "inspection" means the thorough physical examination and
10 functional testing of an inflatable amusement device, amusement attraction, or
11 amusement ride and its component parts necessary to ensure that the device,
12 attraction, or ride complies with all applicable adopted laws, rules, standards, and
13 corresponding manufacturer's installation manuals, maintenance and service repair
14 bulletins, or notices.
15 (17) (16) "Investigate" or "investigation" means the thorough physical
16 examination of an inflatable amusement device, amusement attraction, or amusement
17 ride and its component parts by the office of state fire marshal in response to a
18 complaint or an accident, which may or may not have resulted in injury or death, to
19 determine the cause of the accident.
20 (18) (17) "NAARSO" means the National Association of Amusement Ride
21 Safety Officials.
22 (19) (18) "Operate" means to manage and coordinate an inflatable
23 amusement device, amusement attraction, or amusement ride at an event or a fixed
24 operation location. The term includes management or coordination which may or
25 may not be performed by the owner of the inflatable amusements device, amusement
26 attraction, or amusement ride.
27 (20) (19) "Operator" means a person or firm who may or may not own the
28 inflatable amusements devices, amusement attractions, or amusement rides who is
29 managing, coordinating, or has the duty to control the operation of the inflatable
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1 amusements devices, amusement attractions, or amusement rides at an event or a
2 fixed operation location.
3 (21) (20) "Owner" means a person or firm, or the agent of a person or firm,
4 who owns an amusement attraction, or amusement ride, or more than two inflatable
5 amusement devices, and at least one of the person's or firm's inflatable amusement
6 devices, amusement attractions, or amusement rides is utilized in this state.
7 (22) (21) "Ride operator" means the person or persons responsible for
8 directly supervising, monitoring, and attending to the inflatable amusement device,
9 amusement attraction, or amusement ride, including but not limited to collecting
10 tickets or money, ensuring the appropriate number of patrons are boarding and
11 deboarding a ride, ensuring riders are the appropriate height, latching and securing
12 passengers, operating a ride, starting and stopping a ride, and monitoring patrons'
13 activities during a ride's operation to ensure their safety.
14 (23) (22) "Set-up inspection" means a review of all necessary documents,
15 including service and repair documents, the observation of and examination of the
16 assembly, set-up, and operation of an inflatable amusement device, amusement
17 attraction, or amusement ride, and an inspection of the foundation, blocking, fuel
18 containers, and mechanical and electrical conditions of such a device, attraction, an
19 attraction or ride.
20 (24) "Set-up inspector" means the person licensed by the office of state fire
21 marshal to conduct the set-up inspection prior to the opening of an amusement
22 attraction or prior to the operation of an inflatable amusement device or amusement
23 ride at each event.
24 (25) (23) "Temporary operation location" means an operating location where
25 inflatable amusement devices, amusement attractions, or amusement rides are
26 operated for a finite period of time not to exceed thirty days.
27 (26) (24) "Testing" means the set-up and activation of an inflatable
28 amusement device, amusement attraction, or amusement ride for the purpose of
29 analyzing such device, attraction, or ride and its component parts for safety. This
30 may be done in conjunction with an inspection.
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1 (27) (25) "Third-party inspector" means a person licensed by the office of
2 state fire marshal to test and inspect inflatable amusement devices, perform annual
3 testing and inspecting of amusement attractions, and amusement rides.
4 §1484.4. Registration of inflatable amusement devices, amusement attractions, and
5 amusement rides; requirements
6 A. Any owner of an inflatable amusement device, amusement attraction, or
7 amusement ride shall register each of his inflatable amusement devices, amusement
8 attractions, or amusement rides with the office of state fire marshal prior to its use
9 in this state. An owner shall renew the registration each year for each inflatable
10 amusement device, amusement attraction, or amusement ride being used in this state.
11 B. To register the inflatable amusement device, amusement attraction, or
12 amusement ride, the owner shall submit all of the following to the office of state fire
13 marshal for approval:
14 * * *
15 (3) A copy of the general liability insurance in which all inflatable
16 amusement devices, amusement attractions, or amusement rides being registered are
17 listed on the submitted insurance declaration page.
18 C. Upon approval by the state fire marshal, a certificate of registration shall
19 be issued as follows:
20 (1) Initial registration. Initial registration can occur at any time. A
21 registration plate shall be issued bearing a permanent registration number. The
22 registration plate shall be permanently affixed to the inflatable amusement device,
23 amusement attraction, or amusement ride in a conspicuous location.
24 * * *
25 D. An owner shall notify the office of state fire marshal if a plate or decal is
26 lost or damaged. Any plate or decal that is lost or damaged shall be decommissioned.
27 Prior to receiving a new plate or decal, the owner shall submit an attestation that the
28 plate was lost or return the damaged plate or decal to the office of state fire marshal
29 and pay the required fee. The fee to replace a lost or damaged plate or decal is thirty
30 dollars.
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1 §1484.5. Third-party inspection of inflatable amusement devices, amusement
2 attractions, and amusement rides; certificate of inspection required;
3 cease and desist orders
4 A. Except for the purpose of testing, training, or inspection, no inflatable
5 amusement device, amusement attraction, or amusement ride shall be operated in this
6 state without a current certificate of registration, valid registration plate, and
7 registration decal issued by the office of state fire marshal.
8 B.(1) Each inflatable amusement device, amusement attraction, or
9 amusement ride shall be inspected by a third-party inspector for safety and subjected
10 to nondestructive testing, according to the manufacturer's recommendations, if any,
11 at least annually, in accordance with ASTM-F-24, as promulgated by the state fire
12 marshal in conformity with the Administrative Procedure Act, and other applicable
13 standards, regulations, manuals, manufacturers' specifications, service bulletins, and
14 notices.
15 * * *
16 (3) If the third-party inspection shows that an inflatable amusement device,
17 amusement attraction, or amusement ride does not comply with all relevant
18 provisions of this Part and the adopted standards, rules, regulations, and applicable
19 manuals, service bulletins, and notices, the third-party inspector shall notify and
20 submit the findings to the state fire marshal within ten five days of the inspection.
21 The office of state fire marshal shall issue a cease and desist order to the operator or
22 owner indicating that operation of the inflatable amusement device, amusement
23 attraction, or amusement ride, which does not comply, is to immediately cease in the
24 state. The state fire marshal shall lift any cease and desist order and issue
25 registration plates or registration decals, if applicable, for the inflatable amusement
26 devices, amusement attractions, or amusement rides only when the deficiencies have
27 been remedied to the satisfaction of a third-party inspector and proof of satisfaction
28 is submitted to and approved by the state fire marshal.
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1 §1484.6. Operation of amusement rides and amusement attractions; notice; changes
2 in schedule; certain required annual inspections; fines
3 * * *
4 B.(1) Any operator who fails to notify the office of state fire marshal at least
5 five days before commencing operations, or who fails to report any change in
6 location or devices to the office of state fire marshal at least five days in advance,
7 shall be fined fifty dollars per ride or attraction, per event.
8 (2) Any operator who gives fails to provide written or electronic notification
9 to the office of state fire marshal of his intent to commence operation of the
10 amusement ride or amusement attraction fewer than five days prior to commencing
11 operation shall be fined as follows: two hundred fifty dollars per ride or attraction,
12 per event.
13 (a) Fifty dollars per ride or attraction for the first offense.
14 (b) Seventy-five dollars per ride or attraction for the second offense.
15 (c) Two hundred dollars per ride or attraction for the third offense.
16 (d) Two hundred fifty dollars per ride or attraction for each additional
17 offense thereafter.
18 (2) In determining the number of offenses that have occurred, only offenses
19 occurring over the three-year period preceding the offense at issue shall be
20 considered.
21 C. If, after the notification, the operator changes his schedule of locations or
22 dates, he shall immediately notify the office of state fire marshal of the change. An
23 operator shall pay a fine of two hundred fifty dollars for any change in schedule of
24 location or date that occurs less than five days prior to the commencement of
25 operation of the amusement ride or amusement attraction.
26 D. Prior to operating any new amusement ride or amusement attraction, the
27 operator shall notify the office of state fire marshal of his intent to commence
28 operation, but shall not operate the amusement ride or amusement attraction until the
29 owner has registered the amusement ride or amusement attraction as required in this
30 Part.
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1 E.(1) D.(1) The state fire marshal or his designee may inspect all amusement
2 rides or amusement attractions operating in the state at least once during the duration
3 of the event at which the amusement ride or amusement attraction is being operated.
4 (2) During an office of state fire marshal inspection or audit, the operator
5 shall submit to the state fire marshal or his designee the set-up inspection report and
6 any other documentation relating to the set-up inspection or an annual inspection.
7 (3) In the case of amusement rides or amusement attractions operating at a
8 fixed operation location, the state fire marshal or his designee shall inspect the
9 amusement rides or amusement attractions no more than once annually, except in
10 furtherance of an investigation arising from a reported ride accident or pursuant to
11 a complaint. The inspection is to ensure compliance with the provisions of this Part
12 and adopted standards, rules, regulations, and applicable manuals, service bulletins,
13 and notices.
14 (4) The state fire marshal or his designee has free access to any premises in
15 the state where an amusement ride or amusement attraction is being installed, built,
16 repaired, or operated for the purpose of ascertaining whether such amusement ride
17 or amusement attraction is being installed, built, repaired, or operated in accordance
18 with the provisions of this Part and adopted standards, rules, regulations, and
19 applicable manuals, service bulletins, and notices.
20 F. E. The state fire marshal or his designee has the authority to publish a
21 listing of all noncompliant operators and make such list available to the public upon
22 written demand.
23 * * *
24 §1484.8. Set-up inspection; requirements; notification to the fire marshal
25 A. An operator shall have a set-up inspection conducted by the office of state
26 fire marshal on all inflatable amusement devices, amusement attractions, and
27 amusement rides at least once prior to their operation at each event in the state.
28 B. The set-up inspection may be conducted by a third-party inspector or an
29 employee of the operator of the inflatable amusement device, amusement attraction,
30 or amusement ride who is specially trained to perform a set-up inspection.
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1 C. If an inflatable amusement device, amusement attraction, or amusement
2 ride is in compliance pursuant to the findings of a set-up inspection and
3 corresponding adopted rules and regulations, the third-party inspector or set-up
4 inspector shall affix a tag to the inflatable amusement device, amusement attraction,
5 or amusement ride.
6 D. If an inflatable amusement device, amusement attraction, or amusement
7 ride is not in compliance pursuant to the findings of a set-up inspection and
8 corresponding adopted rules and regulations, a third-party inspector or set-up
9 inspector the fire marshal shall cease operation of the inflatable amusement device,
10 amusement attraction, or amusement ride and notify the office of state fire marshal
11 within two hours of the determination, and tag it accordingly.
12 E. C. The office of state fire marshal shall specifically adopt rules and
13 regulations in accordance with the Administrative Procedure Act for enforcement of
14 this Section.
15 §1484.9. License required to inspect inflatable amusement devices, amusement
16 attractions, and amusement rides; prohibitions
17 A. A person or firm shall not engage in the testing or inspection of an
18 inflatable amusement device, amusement attraction, or amusement ride for the
19 purpose of providing an annual third-party inspection as required by this Part, unless
20 the person or firm holds a current and valid license issued by the state fire marshal
21 as provided in this Part.
22 B. No person or firm shall aid, abet, facilitate, or otherwise assist any
23 unlicensed person or firm in the engagement of any testing or inspecting of an
24 inflatable amusement device, amusement attraction, or amusement ride when such
25 person or firm knew or should have known the latter person or firm was unlicensed.
26 C. A person or firm shall not test or inspect an inflatable amusement device,
27 amusement attraction, or amusement ride if such person or firm is also the owner or
28 operator of the same.
29 * * *
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1 §1484.11. License required to operate inflatable amusement devices, amusement
2 rides, and amusement attractions; service and repairs by owners;
3 prohibitions
4 A. A person or firm, not to include a ride operator as defined in this Part,
5 shall not engage in the operation of an inflatable amusement device, amusement
6 attraction, or amusement ride unless the person or firm holds a current and valid
7 license issued by the state fire marshal as provided in this Part.
8 B. No person or firm shall aid, abet, facilitate, or otherwise assist any
9 unlicensed person or firm in the operation of an inflatable amusement device,
10 amusement attraction, or amusement ride when the person or firm knew or should
11 have known the latter person or firm was unlicensed.
12 C. The state fire marshal may, by rule, allow the owner of an inflatable
13 amusement device, amusement attraction, or amusement ride, or an employee of the
14 owner, to perform minor service and repairs of the inflatable amusement device,
15 amusement ride, or amusement attraction. The owner shall document such service
16 or repair and assume responsibility for all such service or repair.
17 * * *
18 §1484.13. Application for firm license; third-party inspection firm license;
19 operating firm license; requirements to maintain; prohibitions;
20 penalties
21 A. To engage in the third-party inspection or operation of an inflatable
22 amusement device, amusement attraction, or amusement ride, a firm shall apply for
23 and obtain a license and the respective relevant endorsement for third-party
24 inspection or operation. The third-party inspection endorsement authorizes the
25 licensee to conduct any necessary testing.
26 B. An applicant for a third-party inspection firm license shall submit all of
27 the following to the state fire marshal:
28 * * *
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1 (3) An original A certificate of insurance from the firm's insurance company
2 documenting that the firm has general liability coverage in a minimum amount of
3 one million dollars and lists the office of state fire marshal as certificate holder.
4 (4) An original certificate of insurance documenting that the firm has "Errors
5 and Omissions" coverage in a minimum amount of one million dollars.
6 (5) An original A certificate of insurance from the firm's insurance company
7 documenting that the firm has a current and valid worker's compensation insurance
8 policy as required by state law.
9 (6) (5) The name of the person who will serve as the contact for the firm.
10 (7) (6) The application fee authorized by this Part.
11 (8) (7) Proof of employment of a qualified individual with proper
12 certification and training at each of its operating locations.
13 C. An applicant for an operating firm license shall submit the following to
14 the state fire marshal:
15 * * *
16 (2) An original A certificate of insurance from the firm's insurance company
17 documenting that the firm has general liability coverage in a minimum amount of
18 one million dollars and in which all inflatable amusement devices, amusement
19 attractions, or amusement rides subject to coverage are listed on the declarations
20 page.
21 (3) An original A certificate of insurance documenting that the firm has a
22 current and valid workers' compensation insurance policy as required by state law.
23 * * *
24 §1484.14. Application for an individual license; requirements to maintain;
25 prohibitions; penalties
26 A. To engage in the third-party inspection or operation of an inflatable
27 amusement device, amusement attraction, or amusement ride, an individual shall
28 apply for and obtain a license and the respective relevant endorsement for third-party
29 inspection or operation. The third-party inspection endorsement authorizes the
30 licensee to conduct any necessary testing. Each individual license holder shall
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1 maintain his license on his person while engaging in any such activity and present
2 his license for inspection upon demand of any employee of the office of state fire
3 marshal, a fire department, or any law enforcement officer.
4 * * *
5 D. An individual licensed as provided in this Section shall not contract his
6 services as an independent contractor or agent with any other firm, whether such firm
7 is engaged in testing, third-party inspection, or operation.
8 * * *
9 §1484.16. Powers and duties of the state fire marshal
10 The state fire marshal shall:
11 * * *
12 (7) Conduct inspections and perform audits to ensure compliance with this
13 Part and investigate at reasonable times, and within reasonable limits and manner,
14 inflatable amusement devices, amusement attractions, or amusement rides in any
15 area where they are assembled, maintained, stored, serviced, or in use. The state fire
16 marshal or his designee, upon presenting credentials to an owner or operator, is
17 authorized to act as described in this Paragraph without prior notice.
18 * * *
19 (10) Investigate all accidents related to an inflatable amusement device,
20 amusement attraction, or amusement ride resulting in injury or death, or as requested
21 by an operator, customer, patron, rider, or user.
22 * * *
23 §1484.18. Fees; required renewal; penalties
24 A. The fire marshal is authorized to assess and collect fees as provided in
25 this Part.
26 B. Fees for the registration of each inflatable amusement device, amusement
27 attraction, or amusement ride are as follows:
28 (1) Initial Registration Fee:
29 (a) Inflatable amusement device: $100.00
30 (b) Child or "Kiddie" amusement attraction or amusement ride: $100.00
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1 (c) Adult amusement attraction or amusement ride: $200.00
2 (2) Annual Renewal Fee:
3 (a) Inflatable amusement device: $100.00
4 (b) Child or "Kiddie" amusement attraction or amusement ride: $100.00
5 (c) Adult amusement attraction or amusement ride: $200.00
6 C. The licensing fees for a firm are as follows:
7 (1) Initial Fee:
8 (a) Inspection endorsement: $500.00
9 (b) Operation endorsement: $500.00
10 (2) Renewal Fee:
11 (a) Inspection endorsement: $100.00
12 (b) Operation endorsement: $100.00
13 D. The licensing fees for an individual's license are as follows:
14 (1) Initial Fee:
15 (a) Third-party inspector endorsement: $250.00
16 (b) Operator or Owner endorsement: $250.00
17 (c) Set-up inspector endorsement: $250.00
18 (2) Renewal Fee:
19 (a) Third-Party inspector endorsement: $50.00
20 (b) Operator or Owner endorsement: $50.00
21 (c) Set-up inspector endorsement: $50.00
22 Registration and annual renewal of an amusement attraction ride:
23 (1) Child or "Kiddie" amusement attraction or amusement ride: $100.00
24 (2) Adult amusement attraction or amusement ride: $200.00
25 B. Third-party inspection or owner operator firm:
26 (1) Initial Fee: $500.00
27 (2) Renewal Fee: $250.00
28 C. Individual third-party or owner operator:
29 (1) Initial Fee: $350.00
30 (2) Renewal: $200.00
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1 E. D. All licenses are valid for one year, unless a multi-year license is
2 created, and shall be renewed by the license holder within the thirty days prior to the
3 license expiration date. The state fire marshal may create a prorated fee system to
4 allow employee license renewal dates to coincide with the firm license renewal date.
5 F. E. Any license not renewed within the thirty days prior to its expiration
6 date is past due for renewal and subject to late fees. The license holder shall pay a
7 late fee penalty of twenty-five dollars for a license renewed within the first forty-five
8 days past the license expiration date. The license holder shall pay a late fee penalty
9 of fifty dollars for a license renewed between forty-six and sixty days past the license
10 expiration date After a license has expired, the individual or firm to whom the
11 license was issued shall have fifteen days following the date of expiration to file an
12 application for renewal of the license without the payment of a late fee. Any person
13 who makes application for renewal of a license after fifteen days following the
14 expiration date of the license shall be charged a late fee of one hundred twenty-five
15 dollars.
16 G. F. The state fire marshal shall suspend a license if the license is not
17 renewed within sixty days past its expiration date or if the license holder has not
18 maintained the license. The cost to reinstate a suspended license is the cost of the
19 respective license holder's initial fee plus twenty dollars.
20 H. The cost for a duplicate or replacement firm or individual license is
21 twenty twenty-five dollars, regardless of how many endorsements are carried.
22 I. G. The cost to transfer an individual license from one firm to another is
23 twenty twenty-five dollars.
24 J. H. The fees established in this Section are not refundable, except when
25 certain conditions apply as the state fire marshal may establish.
26 K. I. There are no fees associated with any inspections and audits performed
27 by the office of state fire marshal, unless otherwise indicated by this Part.
28 L. J. All fees collected pursuant to this Part shall be used exclusively for the
29 operation and maintenance of the amusement rides and safety division within the
30 office of state fire marshal, code enforcement and building safety.
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1 §1484.19. Prohibited acts; operator
2 No person or firm shall do any of the following:
3 (1) Engage in the operation of an inflatable amusement device, amusement
4 attraction, or amusement ride without a valid license issued as provided in this Part.
5 (2) Aid and abet an unlicensed individual, employee, or firm in the testing,
6 inspection, or operation of an inflatable amusement device, amusement attraction,
7 or amusement ride without a valid license.
8 (3) Operate an inflatable amusement device, amusement attraction, or
9 amusement ride contrary to manufacturer's specifications or codes or standards
10 adopted in rules promulgated by the state fire marshal without specific written
11 authorization from the office of state fire marshal.
12 * * *
13 §1484.20. Prohibited acts; third-party inspector
14 No person or firm shall do any of the following:
15 (1) Engage in the inspection or testing of an inflatable amusement device,
16 amusement ride, or amusement attraction without a valid license issued as provided
17 in this Part.
18 (2) Aid and abet an unlicensed operator in the operation of an inflatable
19 amusement device, amusement attraction, or amusement ride.
20 (3) Aid and abet an unlicensed individual or firm in the inspection or testing
21 of an inflatable amusement device, amusement ride, or amusement attraction.
22 (4) Certify, test, or inspect an inflatable amusement device, amusement
23 attraction, or amusement ride contrary to the provisions of this Part and adopted
24 standards, regulations, and applicable manuals, service bulletins, and notices.
25 * * *
26 §1484.22. Notice of violation of standard; cease and desist order
27 A. If after an inspection, investigation, or audit of any inflatable amusement
28 device, amusement ride, or amusement attraction, the office of state fire marshal
29 determines that the respective device, ride, ride or attraction is in violation of any
30 standard promulgated pursuant to the provisions of this Part, and that there may be
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1 a substantial probability of death or physical injury to the public from its continued
2 use, a notice of violation may be given to both the owner and operator of the device,
3 ride, or attraction, and a red tag shall be attached to the device, ride, ride or
4 attraction. The attached red tag constitutes a cease and desist order.
5 B. After the red tag is attached, the use of the inflatable amusement device,
6 amusement ride, or amusement attraction is prohibited. The red tag shall not be
7 removed until the device, ride, or attraction is made safe for public use, in
8 accordance with R.S. 40:1484.5(B)(3), and the required safeguards are provided.
9 The tag shall not be removed except by the state fire marshal or his designee.
10 §1484.23. Insurance; bond
11 A. No operator shall operate an amusement attraction or amusement ride
12 unless the operator has either of the following:
13 (1) An a general liability insurance policy in an amount of not less than one
14 million dollars listing the state fire marshal as the certificate holder insuring the
15 operator against liability for injury suffered by persons riding the amusement
16 attraction or ride.
17 (2) A bond in a like amount, provided the aggregate liability of the surety of
18 any such bond shall not exceed the face amount.
19 B. A certificate of insurance from the insurance company verifying coverage
20 shall be filed with the office of state fire marshal, code enforcement and building
21 safety licensing division.
22 * * *
23 §1484.24. Violations and penalties; cease and desist order; injunctive relief
24 offense.
25 * * *
26 C. In addition to the foregoing provisions, the state fire marshal may assess
27 civil penalties attributable to the operator of an inflatable amusement device,
28 amusement ride, or amusement attraction to the owner or lessee of the site on which
29 the inflatable amusement device, amusement attraction, or amusement ride is
30 located, if the owner or lessee of the site failed to reasonably determine that the
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1 operator of the inflatable amusement device, amusement ride, or amusement
2 attraction is in proper compliance with the requirements of this Part.
3 * * *
4 §1484.25. Exemptions
5 The following inflatable amusement devices, amusement attractions, or
6 amusement rides are exempt from the provisions of this Part:
7 * * *
8 (2) An inflatable amusement device, amusement attraction, or amusement
9 ride which is owned and operated by a nonprofit religious, educational, or charitable
10 institution or association if such attraction or ride is located within a building subject
11 to inspection by the state fire marshal or his designee.
12 * * *
13 §1484.26. Local regulation
14 Nothing contained in this Part shall prevent any local governmental
15 subdivision of this state from licensing or regulating any inflatable amusement
16 device, amusement attraction, or amusement ride, carnival, or circus as otherwise
17 provided by law.
18 §1484.27. Waiver of inspection
19 The state fire marshal may waive the requirement that an inflatable
20 amusement device, amusement attraction, amusement ride, or any component part
21 be inspected before being operated in this state if an operator gives satisfactory proof
22 to the office of state fire marshal that such device, the amusement attraction, ride, or
23 any component part has passed an inspection conducted by a public agency whose
24 inspection standards and requirements are at least equal to those requirements and
25 standards established by the state fire marshal pursuant to the provisions of this Part.
26 §1484.28. Rules adopted
27 The state fire marshal shall adopt and issue rules, in accordance with the
28 provisions of the Administrative Procedure Act, establishing standards for the
29 installation, repair, maintenance, use, operation, and inspection, and
30 decommissioning of inflatable amusement devices, amusement attractions, and
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1 amusement rides for the protection of the public. The rules shall be based upon
2 generally accepted engineering standards and shall be concerned with but not
3 necessarily limited to engineering force stresses, safety devices, and preventive
4 maintenance. The rules shall provide for the reporting of accidents and injuries
5 incurred from the operation of inflatable amusement devices, amusement attractions,
6 or amusement rides.
7 Section 2. R.S. 40:1484.3(26) and (27), 1484.6(F), 1484.7, 1484.13(B)(8), 1484.15,
8 1484.21, and 1484.23(E) are hereby repealed in their entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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