Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:1471.4 Repealed by Acts 1995, No
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§1471.4. Repealed by Acts 1995, No. 1139, §2.
La. Rev. Stat. § 40:1471.5 Repealed by Acts 1995, No
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§1471.5. Repealed by Acts 1995, No. 1139, §2.
La. Rev. Stat. § 40:1471.6 Repealed by Acts 1995, No
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§1471.6. Repealed by Acts 1995, No. 1139, §2.
La. Rev. Stat. § 40:1471.7 Repealed by Acts 1995, No
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§1471.7. Repealed by Acts 1995, No. 1139, §2.
La. Rev. Stat. § 40:1471.8 Repealed by Acts 1989, No
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§1471.8. Repealed by Acts 1989, No. 330, §2.
La. Rev. Stat. § 40:1471.9 Repealed by Acts 1995, No
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§1471.9. Repealed by Acts 1995, No. 1139, §2.
La. Rev. Stat. § 40:1472.1 Construction of Part
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§1472.1. Construction of Part A. The provisions of this Part are cumulative and shall not be construed as repealing or affecting any powers, duties, or authorities of the deputy secretary for public safety services of the Department of Public Safety and Corrections under any othe…
La. Rev. Stat. § 40:1472.10 Denial, revocation, suspension of license
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§1472.10. Denial, revocation, suspension of license A. A license may be revoked, suspended, or denied by the deputy secretary because of but not limited to the following: (1) Noncompliance with any order issued by the deputy secretary. (2) Licensee convicted of a felony. (3) Lice…
La. Rev. Stat. § 40:1472.11 Confiscation and disposal of explosives
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§1472.11. Confiscation and disposal of explosives A. Upon the violation of any provision of this Part which is deemed by the deputy secretary to constitute an immediate threat to public safety, the secretary shall have the power to: (1) Order the licensee to immediately correct s…
La. Rev. Stat. § 40:1472.12 Unlawful storage of explosives
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§1472.12. Unlawful storage of explosives A. It is unlawful to store explosives within the boundaries of the state of Louisiana unless in a storage magazine properly licensed under R.S. 40:1472.3, except that the storage of commercially manufactured black powder by historical and …
La. Rev. Stat. § 40:1472.13 Abandonment of explosives
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§1472.13. Abandonment of explosives A. It is unlawful to abandon explosives or blasting caps in any field, culvert, ditch, waterway, or similar place. B. Any person who violates the provisions of this Section shall upon conviction be fined not less than one thousand five hundred …
La. Rev. Stat. § 40:1472.14 Injunction
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§1472.14. Injunction In addition to the penalties and other enforcement provisions of this Part, if a person is engaged in any of the businesses covered by this Part or any rule or regulation adopted or promulgated in pursuance thereto, the deputy secretary is authorized to resor…
La. Rev. Stat. § 40:1472.15 Exceptions
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§1472.15. Exceptions Nothing contained in this Part shall apply to the regular military forces of the United States, or to the duly organized military force of any state or territory thereof, or to police or fire departments in this state, provided they are acting within their re…
La. Rev. Stat. § 40:1472.16 Municipal ordinances, rules, and regulations
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§1472.16. Municipal ordinances, rules, and regulations A. Nothing contained in this Part shall affect any existing ordinances, rules, and regulations pertaining to explosives of any incorporated city or town in this state which are not less restrictive than the provisions of this…
La. Rev. Stat. § 40:1472.17 Administration of Part; personnel
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§1472.17. Administration of Part; personnel The deputy secretary is authorized to employ such persons as he may deem qualified, consistent with applicable civil service regulations, and incur such other expenses as may be required in connection with the administration of this Par…
La. Rev. Stat. § 40:1472.18 Careless use of explosives
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§1472.18. Careless use of explosives A. No person shall store, handle, dispose, transport, transfer, load, unload, or use explosives or blasting agents, as defined by R.S. 40:1472.2, in a careless or imprudent manner without regard for the hazards or circumstances in which the ex…
La. Rev. Stat. § 40:1472.19 Reckless use of explosives
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§1472.19. Reckless use of explosives A. No person shall store, handle, dispose, transport, transfer, load, unload, or use explosives or blasting agents, as defined by R.S. 40:1472.2, in a manner that endangers or could endanger human life, health, or property. B. Whoever is convi…
La. Rev. Stat. § 40:1472.2 Definitions
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§1472.2. Definitions The following words used in this Part shall have the meanings respectively ascribed to them in this Section, including singular as follows: (1) "Approved" shall mean approved by the office of the deputy secretary for public safety services of the Department o…
La. Rev. Stat. § 40:1472.20 Explosives Trust Dedicated Fund Account
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§1472.20. Explosives Trust Dedicated Fund Account A. The Explosives Trust Dedicated Fund Account is hereby established as a special statutorily dedicated fund account in the state treasury to support the efforts of the Department of Public Safety and Corrections, office of state …
La. Rev. Stat. § 40:1472.3 License; manufacturer, dealer-distributor, user, blaster, or handler of explosives
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§1472.3. License; manufacturer, dealer-distributor, user, blaster, or handler of explosives A.(1) It shall be unlawful for any person or business to acquire, sell, possess, store, engage in the use of, or otherwise handle explosives in this state, except in conformity with the pr…
La. Rev. Stat. § 40:1472.4 Possession without license prohibited; exceptions
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§1472.4. Possession without license prohibited; exceptions A. No person shall possess an explosive unless he is the holder of a valid license required by the provisions of this Part, and possesses such explosives for the purpose set forth by the license. B. There are hereby made …
La. Rev. Stat. § 40:1472.5 Maintenance of records; inspection; notice of sale or delivery
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§1472.5. Maintenance of records; inspection; notice of sale or delivery A. All explosives manufactured in this state or transported into this state for distribution or sale in this state shall be legibly identified by marking all explosive material. The marks required by this Sec…
La. Rev. Stat. § 40:1472.6 Sales authorized only to licensees
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§1472.6. Sales authorized only to licensees A. No manufacturer or dealer-distributor shall sell any explosive unless the purchaser thereof is duly licensed under the provisions of this Part and authorized to purchase same and the explosives are to be used by the purchaser for a p…
La. Rev. Stat. § 40:1472.7 Reports of losses or thefts; illegal use or illegal possession
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§1472.7. Reports of losses or thefts; illegal use or illegal possession A. Any sheriff, police department, or peace officer of this state shall give immediate notice to the deputy secretary of any losses, thefts, illegal uses, or illegal possession of explosives within the purvie…
La. Rev. Stat. § 40:1472.8 Promulgation of regulations
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§1472.8. Promulgation of regulations A. The deputy secretary shall adopt, promulgate, and enforce rules and regulations setting forth minimum general standards covering manufacture, transportation including loading and unloading, use, sale, handling, and storage of explosives. Th…
La. Rev. Stat. § 40:1472.9 Civil penalties
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§1472.9. Civil penalties A. After notice and an opportunity for a hearing held in accordance with the Administrative Procedure Act, the deputy secretary may assess a civil penalty not to exceed ten thousand dollars for each violation against any person he determines to have viola…
La. Rev. Stat. § 40:1481 Purpose
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§1481. Purpose The legislature finds that the production of oil for the energy needs of the state and the nation is of vital concern and that a serious problem of theft of both the production and the means of production increases both the cost to the public and the danger to the …
La. Rev. Stat. § 40:1482 Documentation for transport
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§1482. Documentation for transport A. Any person in possession of crude petroleum oil or any sediment, water or brine produced in association with the production of oil or gas, or both, for transportation by motor vehicle from or to storage, disposal, processing, or refining shal…
La. Rev. Stat. § 40:1483 Impoundment
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§1483. Impoundment A law enforcement officer may impound oil or oil field equipment and the vehicle transporting it, pending being furnished with the correct documentation or other proof of ownership or right to possession, whenever: (1) he has reasonable cause to examine the doc…
La. Rev. Stat. § 40:1484.1 Short title
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§1484.1. Short title This Part shall be known and may be cited as the Amusement Rides Safety Law. Added by Acts 1985, No. 733, §1; Acts 2003, No. 928, §2; Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:1484.10 Third-party inspector; educational and certification requirements
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§1484.10. Third-party inspector; educational and certification requirements A third-party inspector shall not engage in third-party inspections as described in R.S. 40:1484.5 unless the inspector is one of the following: (1) A licensed engineer experienced in materials testing. (…
La. Rev. Stat. § 40:1484.11 License required to operate inflatable amusement devices, amusement rides, and
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§1484.11. License required to operate inflatable amusement devices, amusement rides, and amusement attractions; service and repairs by owners; prohibitions A. A person or firm, not to include a ride operator as defined in this Part, shall not engage in the operation of an inflata…
La. Rev. Stat. § 40:1484.12 Exemptions from licensure
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§1484.12. Exemptions from licensure The requirements of licensure as provided in this Part are not applicable to an officer or employee of the United States, this state, or any political subdivision of either, while engaged in the performance of his official duties within the cou…
La. Rev. Stat. § 40:1484.13 Application for firm license; third-party inspection firm license; operating firm
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§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 sh…
La. Rev. Stat. § 40:1484.14 Application for an individual license; requirements to maintain; prohibitions;
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§1484.14. Application for an individual license; requirements to maintain; prohibitions; penalties A. To engage in the inspection or operation of an inflatable amusement device, amusement attraction, or amusement ride, an individual shall apply for and obtain a license and the re…
La. Rev. Stat. § 40:1484.15 Set-up inspection; license endorsement
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§1484.15. Set-up inspection; license endorsement A. To perform the set-up inspection of an inflatable amusement device, amusement attraction, or amusement ride, an individual shall apply for and obtain a license and a set-up inspection endorsement which authorizes its holder to p…
La. Rev. Stat. § 40:1484.16 Powers and duties of the state fire marshal
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§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…
La. Rev. Stat. § 40:1484.17 Notice; hearing; revocation of certificate or license
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§1484.17. Notice; hearing; revocation of certificate or license Licenses, as provided for in this Part, may be revoked or suspended after notice and hearing in accordance with the Administrative Procedure Act and upon a finding that a person or firm acted in any of the following …
La. Rev. Stat. § 40:1484.18 Fees; required renewal; penalties
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§1484.18. Fees; required renewal; penalties A. The fire marshal is authorized to assess and collect fees as provided in this Part. B. Fees for the registration of each inflatable amusement device, amusement attraction, or amusement ride are as follows: (1) Initial Registration Fe…
La. Rev. Stat. § 40:1484.19 Prohibited acts; operator
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§1484.19. Prohibited acts; operator No person or firm shall do any of the following: (1) Engage in the operation of an inflatable amusement device, amusement attraction, or amusement ride without a valid license issued as provided in this Part. (2) Aid and abet an unlicensed indi…
La. Rev. Stat. § 40:1484.2 Purpose; administration and enforcement
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§1484.2. Purpose; administration and enforcement A. The purpose of this Part is to regulate the testing, inspection, and operation of inflatable amusement devices, amusement attractions, and amusement rides to prohibit the use of such devices, attractions, and rides when they hav…
La. Rev. Stat. § 40:1484.20 Prohibited acts; third-party inspector
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§1484.20. Prohibited acts; third-party inspector No person or firm shall do any of the following: (1) Engage in the inspection or testing of an inflatable amusement device, amusement ride, or amusement attraction without a valid license issued as provided in this Part. (2) Aid an…
La. Rev. Stat. § 40:1484.21 Prohibited acts; set-up inspector
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§1484.21. Prohibited acts; set-up inspector No person or firm shall do any of the following: (1) Engage in the set-up inspection of an inflatable amusement device, amusement ride, or amusement attraction without a valid license issued as provided in this Part. (2) Aid and abet an…
La. Rev. Stat. § 40:1484.22 Notice of violation of standard; cease and desist order
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§1484.22. Notice of violation of standard; cease and desist order A. If after an inspection, investigation, or audit of any inflatable amusement device, amusement ride, or amusement attraction, the office of state fire marshal determines that the respective device, ride, or attra…
La. Rev. Stat. § 40:1484.23 Insurance; bond
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§1484.23. Insurance; bond A. No operator shall operate an amusement attraction or amusement ride unless the operator has either of the following: (1) An insurance policy in an amount of not less than one million dollars insuring the operator against liability for injury suffered …
La. Rev. Stat. § 40:1484.24 Violations and penalties; cease and desist order; injunctive relief
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§1484.24. Violations and penalties; cease and desist order; injunctive relief A. If the state fire marshal finds that any person, operator, inspector, or firm has violated any provision of this Part or any regulation, rule, or issued order, he may impose upon that person, operato…
La. Rev. Stat. § 40:1484.25 Exemptions
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§1484.25. Exemptions The following inflatable amusement devices, amusement attractions, or amusement rides are exempt from the provisions of this Part: (1) Non-mechanized playground equipment including but not limited to swings, seesaws, stationary spring-mounted animal features,…
La. Rev. Stat. § 40:1484.26 Local regulation
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§1484.26. Local regulation Nothing contained in this Part shall prevent any local governmental subdivision of this state from licensing or regulating any inflatable amusement device, amusement attraction, or amusement ride, carnival, or circus as otherwise provided by law. Acts 2…
La. Rev. Stat. § 40:1484.27 Waiver of inspection
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§1484.27. Waiver of inspection The state fire marshal may waive the requirement that an inflatable amusement device, amusement attraction, amusement ride, or any component part be inspected before being operated in this state if an operator gives satisfactory proof to the office …
La. Rev. Stat. § 40:1484.28 Rules adopted
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§1484.28. Rules adopted The state fire marshal shall adopt and issue rules, in accordance with the provisions of the Administrative Procedure Act, establishing standards for the installation, repair, maintenance, use, operation, and inspection of inflatable amusement devices, amu…