La. Public Health and Safety § 40:1484.16

Current with operative changes from the 2024 Third Special Legislative Session

Section 40:1484.16 - Powers and duties of the state fire marshal

The state fire marshal shall:

(1) Formulate and administer such rules as may be determined essentially necessary for the enforcement of this Part.

(2) Evaluate the qualifications of firms or persons applying for or maintaining a license pursuant to this Part.

(3) Have authority to set qualifications and fitness of applicants for a license as provided in this Part, which may include conducting examinations.

(4) Issue full or provisional licenses to firms and persons meeting the qualifications established by this Part.

(5) Have authority, after notice and opportunity for hearing, to increase or decrease the limits of insurance coverage and authorize acceptance of surplus lines coverage if the state fire marshal determines that due to loss experience, market conditions, or other good reason, the liability insurance coverage required by this Part is unavailable to applicants for or holders of licenses.

(6) Have authority to conduct inspections of licensed firms, whether in state or out of state, for the purpose of observation and collection of facts and data relating to proper enforcement of this Part.

(7) Conduct inspections and perform audits to ensure compliance with this Part and investigate at reasonable times, and within reasonable limits and manner, inflatable amusement devices, amusement attractions, or amusement rides in any area where they are assembled, maintained, stored, serviced, or in use. The state fire marshal or his designee, upon presenting credentials to an owner or operator, is authorized to act as described in this Paragraph without prior notice.

(8) Employ such persons as he may deem qualified, consistent with applicable civil service regulations, and incur expenses as may be necessary in connection with the administration of this Part.

(9) Investigate all written complaints lodged against firms or individuals alleged to have violated provisions of this Part or related promulgated rules and pursue administrative action against the firms or individuals.

(10) Investigate all accidents related to an inflatable amusement device, amusement attraction, or amusement ride resulting in injury or death, or as requested by an operator, customer, patron, rider, or user.

La. Public Health and Safety § 40:1484.16

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.