§ 27:44.1 — Riverboat inspections; alternative inspections when certificate of inspection not

Louisiana § 27:44.1

• Jurisdiction: Louisiana
• Title 27: Louisiana Legislature

Text

§44.1. Riverboat inspections; alternative inspections when certificate of inspection not
issued; inspections for non-certificated vessels
A. A riverboat shall be designated as a non-certificated vessel as defined in R.S.
27:44 if either of the following occur:
(1) The United States Coast Guard discontinues its issuance of Certificates of
Inspection for riverboats as provided for in R.S. 27:44(23)(a) and (b), upon expiration of the
United States Coast Guard certificate of inspection in effect at the time the United States
Coast Guard discontinues its issuance of Certificates of Inspection.
(2) The United States Coast Guard declines to issue a Certificate of Inspection as
provided for in R.S. 27:44(23)(a) and (b), for riverboats which are placed into service by the
licensee and approved by the board after August 15, 2005. The riverboat shall be designated
as a non-certificated vessel upon the refusal of the United States Coast Guard to issue a
Certificate of Inspection.
B. To ensure the public health and safety of the public, the Louisiana Gaming
Control Board may approve that the non-certificated vessels be inspected by a combination
of the following:
(1) A third-party inspector named and approved by the board.
(2) Inspections conducted by the licensee.
C. The non-certificated vessel shall be inspected by the third-party inspector
annually. The licensee shall conduct quarterly inspections using the criteria set forth in
Subsection D of this Section and shall document in writing the results of the quarterly
inspections and shall make them available to the division.
D.(1) The third-party inspector shall certify to the Louisiana Gaming Control Board
that the vessel is in compliance with the standards necessary to maintain either:
(a) A United States Coast Guard Certificate of Inspection utilizing the inspection
criteria in effect at the time of the vessel's original construction, applicable waivers approved
by the United States Coast Guard, and subsequent modifications to the configuration and
marine staffing recommended by an approved third-party inspector as approved by the
Louisiana Gaming Control Board that are consistent with United States Coast Guard criteria
for the current configuration and mooring of the vessel; or
(b) A certificate of compliance utilizing a combination of applicable marine
structural and life safety standards, the National Fire Protection Association Life Safety
Code®, and the International Building Code as adopted in the state of Louisiana and as
accepted by the Louisiana Gaming Control Board, which are suitable to the vessel's present
location and configuration.
(2) The certification by the third-party inspector shall incorporate the standards,
conditions, policy letters, alternative examinations, and alternative design approvals placed
upon the vessel by the United States Coast Guard at the time the third-party inspector began
inspecting that vessel.
E. Items which are not in compliance with the inspection standard described in this
Section shall be identified by the third-party inspector who will establish a time period for
the discrepancies to be remedied.
F. Failure to remedy any discrepancy timely shall be reported to the division and
Louisiana Gaming Control Board who may impose sanctions upon the licensee including a
civil penalty.
G. In the event an approved third-party inspector is no longer available or acceptable
to the division to conduct the annual inspections required under Subsection C of this Section,
the division, subject to the approval of the Louisiana Gaming Control Board, shall select
other third-party inspectors to conduct inspections according to the same standards as
provided for in Subsection D of this Section and report its findings regarding compliance to
the Louisiana Gaming Control Board.
H. Fees imposed by the third-party inspector shall be paid by the licensee and in no
circumstance shall the state of Louisiana or any of its political subdivisions be responsible
for the payment of such inspection fees regardless of who contracts with the third-party
inspector to conduct the inspections as required by this Section.
I. The Louisiana Gaming Control Board shall adopt rules to provide for alternate
inspections for persons licensed pursuant to the provisions of the Louisiana Riverboat
Economic Development and Gaming Control Act as provided in Chapter 4 of this Title. All
rules shall be adopted pursuant to the provisions of the Administrative Procedure Act and
R.S. 27:15(B)(8). Such rules shall provide for the submission within thirty days of receipt
by the Louisiana Gaming Control Board of each riverboat gaming vessel certificate of
compliance to the Senate Committee on Judiciary B and the House Committee on
Administration of Criminal Justice.

Legislative History

Acts 2005, No. 459, §1; Acts 2008, No. 319, §1, eff. June 17, 2008; Acts 2012, No. 447, §1; Acts 2023, No. 126, §1.