La. Admin. Code tit. 55 § V-2531

Current through Register Vol. 50, No. 9, September 20, 2024
Section V-2531 - Administrative Actions; Enhanced Fine Amounts; Fine Schedule
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.

La. Admin. Code tit. 55, § V-2531

Promulgated by the Department of Public Safety and Corrections, Office of the State Fire Marshal, LR 25:90 (January 1999), Promulgated by the Department of Public Safety and Corrections, Office of the State Fire Marshal, LR 441260 (7/1/2018).
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1484.2(B).