§ 40:1484.3 — Definitions

Louisiana § 40:1484.3

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1484.3. Definitions
As used in this Part, the following terms have the meanings specified in this Section
except where the context expressly indicates otherwise:
(1) "Adult amusement attraction or amusement ride" means an attraction that is not
a "child amusement attraction or amusement ride" or "kiddie amusement attraction or
amusement ride".
(2) "Amusement attraction" means any building or structure around, over, or through
which people may move or walk, without the aid of any moving device integral to the
building or structure, that provides amusement, pleasure, thrills, or excitement. "Amusement
attraction" does not include any enterprise principally devoted to the exhibition of products
of agriculture, industry, education, science, religion, or the arts.
(3) "Amusement ride" means any mechanized device or combination of devices
which carries passengers along, around, or over a fixed or restricted course for the purpose
of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride" also
includes any mechanized device or combination of devices of a permanent nature even
though such device or combination of devices is subject to building regulations issued by
cities or parishes and existing applicable safety orders. "Amusement rides" also include the
following:
(a) Bungee rides or bungee operations which utilize as a component a bungee cord,
which is an elastic rope made of rubber, latex, or other elastic-type materials whether natural
or synthetic.
(b) Go-karts, which means a ride in which a vehicle is controlled or driven by
patrons on a fixed course.
(c) Any wave pool, water slide, or other similar attraction that totally or partially
immerses a patron in water.
(d) Artificial climbing walls.
(e) Zip lines.
(4) "ANSI" means the American National Standards Institute.
(5) "ASTM" means the American Society for Testing and Materials or ASTM
International.
(6) "Audit" means an official inspection of an operator's actions and documentation
as it relates to the coordination of inflatable amusement devices, amusement rides, and
amusement attractions at an event and a set-up inspector's actions, documentation, and
tagging as it relates to the set-up inspection of inflatable amusement devices, amusement
rides, and amusement attractions at an event, including each operator's and set-up inspector's
adherence to applicable statutes and rules.
(7) "Certificate of inspection" means a certificate or report prepared by a third-party
inspector pursuant to his inspection which verifies that the inflatable amusement device,
amusement attraction, or amusement ride complies with all applicable adopted laws, rules,
standards, and its corresponding manufacturer's installation manuals, maintenance and
service bulletins, and notices.
(8) "Certificate of registration" means a certificate issued by the office of state fire
marshal upon receipt of a completed registration application, valid insurance as required by
this Part, and a certificate of inspection.
(9) "Child amusement attraction or amusement ride" or "kiddie amusement attraction
or amusement ride" means an amusement attraction or amusement ride designed primarily
for use by children weighing ninety pounds or less per passenger unit.
(10) "Compliance inspection" means a type of inspection performed as deemed
necessary by the state fire marshal or his designee, usually in conjunction with an audit or
investigation, or in response to a complaint.
(11) "Employee" means a person who performs services for wages or salary from his
employer.
(12) "Event" means a private or public organized occasion, where people and
entertainment are usually present, which may be celebratory in nature and occurs at a
temporary operation location. This shall include but not be limited to fairs, festivals,
carnivals, parties, or gatherings.
(13) "Firm" means a sole proprietorship, corporation, limited liability company, or
similar type of business entity.
(14) "Fixed operation location" means an operating location wherein amusement
devices, amusement attractions, or amusement rides are operated for an indefinite period of
time and are not often disassembled and reassembled.
(15) "Inflatable amusement device" means any amusement attraction that
incorporates a structural and mechanical system that employs a high-strength fabric or film
that achieves its strength, shape, and stability by pretensioning with internal air pressure for
activities including, but not limited to bouncing, climbing, sliding, or interactive play, which
may or may not be enclosed.
(16) "Inspect" or "inspection" means the thorough physical examination and
functional testing of an inflatable amusement device, amusement attraction, or amusement
ride and its component parts necessary to ensure that the device, attraction, or ride complies
with all applicable adopted laws, rules, standards, and corresponding manufacturer's
installation manuals, maintenance and service repair bulletins, or notices.
(17) "Investigate" or "investigation" means the thorough physical examination of an
inflatable amusement device, amusement attraction, or amusement ride and its component
parts by the office of state fire marshal in response to a complaint or an accident, which may
or may not have resulted in injury or death, to determine the cause of the accident.
(18) "NAARSO" means the National Association of Amusement Ride Safety
Officials.
(19) "Operate" means to manage and coordinate an inflatable amusement device,
amusement attraction, or amusement ride at an event or a fixed operation location. The term
includes management or coordination which may or may not be performed by the owner of
the inflatable amusements device, amusement attraction, or amusement ride.
(20) "Operator" means a person or firm who may or may not own the inflatable
amusements devices, amusement attractions, or amusement rides who is managing,
coordinating, or has the duty to control the operation of the inflatable amusements devices,
amusement attractions, or amusement rides at an event or a fixed operation location.
(21) "Owner" means a person or firm, or the agent of a person or firm, who owns an
amusement attraction, amusement ride, or more than two inflatable amusement devices, and
at least one of the person's or firm's inflatable amusement devices, amusement attractions,
or amusement rides is utilized in this state.
(22) "Ride operator" means the person or persons responsible for directly
supervising, monitoring, and attending to the inflatable amusement device, amusement
attraction, or amusement ride, including but not limited to collecting tickets or money,
ensuring the appropriate number of patrons are boarding and deboarding a ride, ensuring
riders are the appropriate height, latching and securing passengers, operating a ride, starting
and stopping a ride, and monitoring patrons' activities during a ride's operation to ensure their
safety.
(23) "Set-up inspection" means a review of all necessary documents, including
service and repair documents, the observation of and examination of the assembly, set-up,
and operation of an inflatable amusement device, amusement attraction, or amusement ride,
and an inspection of the foundation, blocking, fuel containers, and mechanical and electrical
conditions of such a device, attraction, or ride.
(24) "Set-up inspector" means the person licensed by the office of state fire marshal
to conduct the set-up inspection prior to the opening of an amusement attraction or prior to
the operation of an inflatable amusement device or amusement ride at each event.
(25) "Temporary operation location" means an operating location where inflatable
amusement devices, amusement attractions, or amusement rides are operated for a finite
period of time not to exceed thirty days.
(26) "Testing" means the set-up and activation of an inflatable amusement device,
amusement attraction, or amusement ride for the purpose of analyzing such device,
attraction, or ride and its component parts for safety. This may be done in conjunction with
an inspection.
(27) "Third-party inspector" means a person licensed by the office of state fire
marshal to test and inspect inflatable amusement devices, amusement attractions, and
amusement rides.

Legislative History

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 2016, No. 462, §2; Acts 2019, No. 234, §1.