La. Admin. Code tit. 55 § V-2515
Current through Register Vol. 50, No. 9, September 20, 2024
Section V-2515 - License Required; Firm Applicability; Individual Applicability; Types of EndorsementA. Each firm engaged in the activity of operating, and/or inspecting inflatable amusement devices, amusement attractions, or amusement rides shall obtain a certificate of licensure from the Office of State Fire Marshal, as provided by R.S. 40:1481.1 et seq., and these rules prior to conducting any such activity in this state.B. Firm License Applicability 1. The following shall apply to firms. a. Changes of Ownership. The change of a firms majority ownership invalidates the current license. To ensure continuance of the firms ability to operate and/or inspect inflatable amusement devices, amusement attractions, or amusement rides in the state, an application for a new certificate shall be submitted to the Office of State Fire Marshal within 10 days after any change in ownership.b. Change of Firm Officers. Any change in corporate officers of an incorporated firm or members and/or managers of a limited liability corporation or similar entities within the licensure period, must be reported in writing to the Office of State Fire Marshal within 10 days of the change.c. Changes in Firm Address. The firm shall give written or electronic notification to the Office of State Fire Marshal of the physical location of their principal place of business. If, after notification, the location of their principal place of business changes, the firm shall notify the Office of State Fire Marshal within 10 days of the change.d. Duplicates. A duplicate certificate of licensure must be obtained from the Office of State Fire Marshal to replace a lost or destroyed certificate. The firm must submit written or electronic notification of the loss or destruction within 10 days, accompanied by the required fee pursuant to R.S. 40:1484.1 et seq.e. Revisions/Changes to License. The change of a firm's name, location, or mailing address or operating status requires a revision of the certificate of registration. Licenses requiring changes must be surrendered to the Office of State Fire Marshal within 10 days after the change requiring the revision. The firm must submit written or electronic notification of the change with the surrendered license, accompanied by the required fee specified in by R.S. 40:1484.1 et seq.f. Non-Transferability. A certificate of licensure is not transferable from one firm to another.g. Validity. A certificate of licensure is valid for one year from date of issue, and must be renewed annually.C. Each person or employee engaged in the activity of operating and/or inspecting inflatable amusement devices, amusement attractions, or amusement rides shall obtain a license from the Office of State Fire Marshal, as provided by R.S. 40:1484.1 et seq., and these rules prior to conducting any such activity in this state. This does not apply to ride operators as defined in R.S. 40:1484.3.D. Applications for individual licenses shall be deemed as an acknowledgement from the employer certifying the applicant's competency to perform inspections of inflatable amusement devices, amusement attractions, and amusement rides authorized by the endorsements applied for and that the individual is an employee who receives a W-2 or K-1 tax form from the firm.E. Individual License Applicability 1. The following shall apply to individual persons. a. Changes in Licensed Individuals Address. An individual licensed with the Office of State Fire Marshal to inspect inflatable amusement devices, amusement attractions, or amusement rides shall give written or electronic notification to the Office of State Fire Marshal of his home address. If, after notification, the location of their principal place of business changes, the individual responsible shall immediately notify the Office of State Fire Marshal of the change.b. Pocket Licenses issued by the Office of State Fire Marshal are for immediate identification purposes and shall be kept on the recipients person at all times when conducting regulated activity. The pocket license need not be visibly displayed when working in areas where the license may be damaged or lost. The license must still be available for inspection upon request. The license shall bear the name of firm that employs the person.c. Duplicate Licenses. A duplicate license must be obtained from the Office of State Fire Marshal to replace a lost or destroyed license. The license holder or his employer must submit written or electronic notification within 10 days of the loss or destruction of a license, accompanied by the required fee as specified in R.S. 40:1484.18(H).d. Revised Licenses. The change of a licensee's employer, home or mailing address, or employment status requires a revised license. Licenses requiring revision must be surrendered to the Office of State Fire Marshal within 10 days after the change. The license holder or his employer must submit written or electronic notification of the necessary change with the surrendered license, accompanied by the required fee as specified in R.S. 40:1484.18(H).e. Non-Transferable. A license is not transferable from one person to another.f. Validity. A license is valid for one year from date of issue, and must be renewed annually.g. Transfer of Employer. When a currently licensed employee transfers to a new employer, a revised license shall be required indicating the new firms information. Upon receipt of the revision application by the Office of State Fire Marshal, the individual may go to work for the new employer while waiting for the processing of the license. This go-to-work allowance shall not authorize the employee to engage in any activity for which he/she was not previously licensed to perform or for which the firm is not currently licensed to perform.
h. Age Limitations. For the purpose of licensing, no one under the age of 21 shall be eligible for a license.F. Types of Endorsement 1. Each license shall be identified by endorsement, which indicates the authorized act or acts which may be performed by the licensee. The endorsements are as follows: a. operator endorsement (firm; individual);b. third-party inspector endorsement (firm; individual);c. limited third-party specialty inspector endorsement (firm; individual);d. set-up inspector endorsement (firm; individual).G. Any firm and/or person described in this Section, which or who has not applied for and received a current and valid license, shall immediately cease and desist such activities. The Office of State Fire Marshal shall take all steps necessary to enforce an order to cease and desist.La. Admin. Code tit. 55, § V-2515
Promulgated by the Department of Public Safety and Corrections, Office of the State Fire Marshal, LR 25:88 (January 1999), Promulgated by the Department of Public Safety and Corrections, Office of the State Fire Marshal, LR 441257 (7/1/2018).AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1484.2(B).