2015 Louisiana Laws
Revised Statutes
TITLE 40 - Public Health and Safety
RS 40:1484.4 - Inspection by secretary; certificate of inspection required

§1484.4. Inspection by secretary; certificate of inspection required

A. Except for the purpose of testing, training, and inspection, no air-supported structure, amusement attraction or ride shall be operated in this state without an inspection having been conducted by an inspector and a certificate of inspection having been issued by the assistant secretary to an operator of such equipment.

B.(1) Every air-supported structure, amusement ride or attraction shall be inspected by an inspector for safety and subjected to nondestructive testing in accordance with ASTM-F-24 at least annually.

(2) Upon completion of each inspection required under this Subsection, the inspector shall certify the results of his inspection to the assistant secretary who shall issue a certificate of inspection as provided in Subsection D of this Section.

C.(1) At least thirty days prior to commencing operation of any air-supported structure, amusement ride or attraction, except for the purpose of testing, training, and inspection, the operator shall give written notification to the assistant secretary of his intent to commence operation of the amusement ride or attraction. Any operator who fails to give written notification to the assistant secretary of his intent to commence operation of the amusement ride or attraction shall be fined one hundred dollars. If, after the notification, the operator changes his schedule of locations or dates, he immediately shall notify the assistant secretary of the change. Operators shall be fined one hundred dollars for any change in schedule of location or date that occurs less than fourteen days prior to the commencement of operation of the amusement ride or attraction.

(2) Prior to operating any new air-supported structure, amusement ride or attraction, the operator shall notify the assistant secretary of his intent to commence operations and shall furnish the assistant secretary with a copy of a current certificate of inspection issued pursuant to Subsection D of this Section.

(3) The assistant secretary shall inspect all air-supported structures, amusement rides or attractions operating in the state at least once during the duration of the event at which the air-supported structure, amusement ride or attraction is being operated. In the case of air-supported structures, amusement rides or attractions that operate at fixed locations for more than one year, the assistant secretary shall inspect such air-supported structures, amusement rides or attractions at least annually. The inspection shall be to assure compliance with the provisions of this Part and the rules, regulations, and standards adopted pursuant thereto. The assistant secretary shall have free access to any premises in the state where an air-supported structure, amusement ride or attraction is being installed, built, repaired, or operated, for the purpose of ascertaining whether such air-supported structure, amusement ride or attraction is being installed, built, repaired, or operated in accordance with the provisions of this Part or the rules and regulations adopted pursuant thereto.

(4)(a) The provisions of this Subsection and R.S. 40:1484.5(B) shall not apply to air-supported structures except when air-supported structures meet any of the following provisions:

(i) Are open to public access at an event at which the state fire marshal would otherwise be required to be present pursuant to this Subsection.

(ii) Are not located on the grounds of a one- or two-family dwelling.

(iii) Are co-located with other amusements, attractions, or rides governed by this Subsection.

(b) The assistant secretary or his designee shall have free access to any premises in the state where an air-supported structure is located for operation, when the air-supported structures are either (i) open to public access at an event at which the state fire marshal would otherwise be required to be present; or (ii) not located on the grounds of a one- or two-family dwelling; or (iii) co-located with other amusement attractions or rides governed by this Subsection. The assistant secretary or his designee shall ascertain whether such air-supported structure has a valid certificate of inspection.

(c) The assistant secretary shall issue a cease and desist order to the party responsible for operation of any air-supported structure that does not immediately produce a valid certificate of inspection for review. Failure to honor a cease and desist order issued pursuant to this Paragraph shall be punishable by a fine of five hundred dollars for each day of the violation.

(d) The provisions of R.S. 40:1484.10(E) shall apply to this Paragraph.

(e) The party responsible for the operation of an air-supported structure shall give written notification to the assistant secretary of the physical location of their principal place of business. If, after written notification, the location of their principal place of business changes, the party responsible shall immediately notify the assistant secretary of the change. Failure to notify the assistant secretary pursuant to this Subparagraph shall be punishable by a fine of five hundred dollars.

(f) The assistant secretary or his designee shall have the authority to publish a listing of all non-compliant operators and make such list available to the public upon written demand.

D.(1) If the inspection provided for in Subsection B of this Section discloses that an air-supported structure, amusement ride or attraction complies with all relevant provisions of this Part and the adopted standards and regulations, the assistant secretary shall issue a certificate of inspection valid for not more than twelve months from the date of issuance for the air-supported structure, amusement ride or attraction.

(2) The certificates shall be posted, in plain view, on the air-supported structure, amusement ride or attraction.

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 1999, No. 347, §§1, 2, eff. June 16, 1999; Acts 2000, 1st Ex. Sess., No. 59, §1; Acts 2003, No. 465, §1; Acts 2003, No. 488, §1; Acts 2003, No. 490, §1; Acts 2004, No. 640, §1.