La. Public Health and Safety § 40:1484.13

Current with operative changes from the 2024 Third Special Legislative Session

Section 40:1484.13 - Application for firm license; third-party inspection firm license; operating firm license; requirements to maintain; prohibitions; penalties

A. To engage in the inspection or operation of an inflatable amusement device, amusement attraction, or amusement ride, a firm shall apply for and obtain a license and the respective relevant endorsement for inspection or operation. The inspection endorsement authorizes the licensee to conduct any necessary testing.

B. An applicant for a third-party inspection firm license shall submit all of the following to the state fire marshal:

(1) A completed firm application including the names of all owners, managers, or members.

(2) Documentation that the firm is an entity duly authorized to conduct business within this state. If the firm is physically located in Louisiana, documentation shall be in the form of a local or parish occupational license, if such license exists, and if incorporated, a certificate of good standing issued by the secretary of state. If the firm is physically located outside of the state, documentation shall be in the form of a certificate of good standing issued by the secretary of state as a foreign corporation including the name of the firm's registered agent of service.

(3) An original certificate of insurance documenting that the firm has general liability coverage in a minimum amount of one million dollars.

(4) An original certificate of insurance documenting that the firm has "Errors and Omissions" coverage in a minimum amount of one million dollars.

(5) An original certificate of insurance documenting that the firm has a current and valid worker's compensation insurance policy as required by state law.

(6) The name of the person who will serve as the contact for the firm.

(7) The application fee authorized by this Part.

(8) Proof of employment of a qualified individual with proper certification and training at each of its operating locations.

C. An applicant for an operating firm license shall submit the following to the state fire marshal:

(1) A completed firm application including the names of all owners, managers, or members.

(2) An original certificate of insurance documenting that the firm has general liability coverage in a minimum amount of one million dollars and in which all inflatable amusement devices, amusement attractions, or amusement rides subject to coverage are listed on the declarations page.

(3) An original certificate of insurance documenting that the firm has a current and valid workers' compensation insurance policy as required by state law.

(4) The name of the person who will serve as the contact for the firm.

(5) The application fee authorized by this Part.

D. As a condition of licensure, each firm shall be open for inspection by the state fire marshal or his designated representative at any reasonable time for the purpose of observation and collection of facts and data relating to proper enforcement of this Part. No person acting on behalf of the firm shall refuse to admit the state fire marshal or his designated representative to an operating location or its business location where the firm keeps records. A firm physically located outside of Louisiana may be charged for the travel expenses of the state fire marshal to conduct such an inspection.

E. As a further condition of licensure, the acceptance of a license by a firm is deemed as the firm's consent to submit to reasonable requests for documentation by the state fire marshal or his designated representatives and to cooperate in a lawful investigation by the office of state fire marshal. A firm refusing to cooperate with any lawful investigation by the office of state fire marshal is subject to any applicable penalty as provided in this Part, including suspension or revocation of a license.

F. Each firm shall clearly display its license in a conspicuous location at its place of business.

G. The firm shall notify the state fire marshal within ten days of the following:

(1) A change in the business address of the firm.

(2) A change in ownership of or interest in the firm.

(3) The termination of a licensed employee.

La. Public Health and Safety § 40:1484.13

Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.

Amended by Acts 2019, No. 234,s. 1, eff. 8/1/2019.

Amended by Acts 2016, No. 462,s. 2, eff. 8/1/2016.

Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1.