Louisiana State Fire Marshal Office

Jurisdiction: 
Louisiana
Agency: 
State Fire Marshal Office
Overview
Unless otherwise indicated, "devices covered" includes mechanical rides at amusement parks, carnivals and fairs.
Devices Covered: 

Includes inflatables; bungee rides; go-karts; wave pools, water slides, and similar water attractions; artificial climbing walls; and zip lines.

Inspection Program: 

Rides/devices must be inspected annually by 3rd party inspector. Inflatables must be inspected at each setup, but this can be done by someone who works for the inflatable company if they've been licensed by the state to perform inflatable setup inspections. The state may waive an inspection if the owner/operator submits proof that it's passed inspection conducted by a public agency whose inspection standards are at least equal to LA's.

Investigative Authority: 

Accidents may be investigated by state inspectors or insurance inspectors.

Reporting Criteria: 

Ride-related death or serious injury resulting in immediate overnight hospital admission. Fatalities reported within 12 hours; serious injuries reported within 24 hours.

Patron Responsibility Law: 

§1485.2. Definitions
For the purposes of this Subpart, the following terms and phrases have the meanings ascribed to them:
(1) ""Carnival or amusement ride"" means either of the following:
(a) A device that is intended to give amusement, excitement, pleasure, or thrills to riders whom the device carries along or around a fixed or restricted course or within a defined area.
(b) A structure that gives amusement, excitement, pleasure, or thrills to people who move around, over, or through the structure without the aid of a moving device integral to the structure.
(2) ""Firm"" means a sole proprietorship, corporation, limited liability company, or similar type of business entity.
(3) ""Owner"" means a person, a firm, the state, or a political subdivision of the state that owns an amusement ride or, if the ride is leased, the lessee of the ride.
(4) ""Parent or guardian"" means each parent, custodian, or guardian responsible for the control, safety, training, or education of a rider who is a minor, has a disability, or is incompetent.
(5)(a) ""Rider"" means any person who is:
(i) Waiting in the immediate vicinity to enter a carnival or amusement ride.
(ii) Entering a carnival or amusement ride.
(iii) Using a carnival or amusement ride.
(iv) Exiting a carnival or amusement ride.
(v) Leaving a carnival or amusement ride and still in the immediate vicinity of the ride.
(b) The term ""rider"" does not include employees or agents of the owner while engaged in the duties of their employment.
(6) ""Sign"" means any symbol or language reasonably calculated to communicate information to riders or their parents or guardians, including but not limited to placards, prerecorded messages, live public addresses, stickers, pictures, pictograms, guidebooks, brochures, video, verbal information, and visual signals.
Acts 2003, No. 928, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2016, No. 462, §2.
§1485.3. Reporting rider injury
A. A rider, or his parent or guardian on the rider's behalf, shall report in writing to the owner any injury sustained on a carnival or amusement ride before leaving the owner's premises, including:
(1) The name, address, and phone number of the injured person.
(2) A full description of the incident, the injuries claimed, any treatment received, and the location, date, and time of the injury.
(3) The cause of the injury, if known.
(4) The names, addresses, and phone numbers of any witnesses to the incident.
B. If the rider, or his parent or guardian on a rider's behalf, is unable to file a report because of the severity of his injuries, he shall file the report as soon as reasonably possible.
C. The failure of a rider, or his parent or guardian on a rider's behalf, to report an injury as required by this Section shall have no effect on the rider's right to commence a civil action.
Acts 2003, No. 928, §1.
§1485.4. Code of rider conduct
A. A rider shall obey the posted rules, warnings, and oral instructions for a carnival or amusement ride issued by the owner or his employee or agent.
B. A rider shall refrain from acting in any manner that may cause or contribute to injuring the rider or others, including:
(1) Exceeding the limits of the rider's ability.
(2) Interfering with the safe operation of the carnival or amusement ride.
(3) Failing to engage any safety devices provided for the rider's safety.
(4) Disconnecting or disabling a safety device except at the express instruction of the owner's agent or employee.
(5) Altering or enhancing the intended speed, course, or direction of a carnival or amusement ride.
(6) Using the controls of a carnival or amusement ride designed solely to be operated by the owner's agent or employee.
(7) Extending arms and legs beyond the carrier or seating area except at the express direction of the owner's agent or employee.
(8) Throwing, dropping, or expelling an object from or toward a carnival or amusement ride except as permitted by the owner's agent or employee.
(9) Entering or exiting a carnival or amusement ride except at the designated time and area, if any, at the direction of the owner's agent or employee.
(10) Unreasonably controlling the speed or direction of the carnival or amusement ride that requires the rider to control or direct himself or a ride.
(11) Overloading a carnival or amusement ride beyond its designated capacity.
Acts 2003, No. 928, §1.
§1485.5. Rider qualifications
A rider shall not enter or attempt to enter a carnival or amusement ride unless the rider, or his parent or guardian on a rider's behalf, reasonably determines that, at a minimum:
(1) The rider has sufficient knowledge to use, enter, or exit the carnival or amusement ride safely without instruction or has requested and received, before entering the carnival or amusement ride, sufficient information to enter, use, or exit the ride safely.
(2) The rider has located, reviewed, and understood any signs in the vicinity of the carnival or amusement ride and has satisfied any posted height or other restrictions.
(3) The rider knows the range and limits of his ability and knows the requirements of the carnival or amusement ride will not exceed those limits.
(4) The rider is not under influence of alcohol or any drug that affects his ability to safely use the carnival or amusement ride or obey the posted rules or oral instructions.
(5) The rider is authorized by the owner's authorized agent or employee to enter the carnival or amusement ride.
Acts 2003, No. 928, §1.
§1485.6. Parent or guardian conduct
Parents or guardians of riders have a duty to ensure that a rider complies with all provisions of this Subpart.
Acts 2003, No. 928, §1.
§1485.7. Notice to riders
A. The owner shall display signs at the following places:
(1) Any station for reporting an injury.
(2) Any first aid station.
(3) Either of the following places:
(a) Any entrance or exit to or from the premises designated for riders.
(b) Any area or structure at which riders may purchase admission or obtain authority to use a carnival or amusement ride.
B. All signs required by this Section shall include a legend providing that ""STATE LAW REQUIRES RIDERS TO OBEY ALL WARNINGS AND DIRECTIONS AND BEHAVE IN A MANNER THAT WILL NOT CAUSE OR CONTRIBUTE TO INJURING THEMSELVES OR OTHERS. RIDERS SHOULD REPORT ALL INJURIES BEFORE LEAVING THE EVENT PREMISES.""
Acts 2003, No. 928, §1.
§1485.8. Criminal penalty
If a person willfully violates any provision of this Subpart, the person shall be guilty of a misdemeanor and, upon conviction of the first offense, shall be subject to a fine not to exceed twenty-five dollars and for subsequent convictions, up to one hundred dollars.

Date of last update: 
April 8, 2017