HLS 14RS-1091 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 767
BY REPRESENTATIVE POPE
AMUSEMENT PARKS: Requires owners or operators of certain water parks to provide
safety information
AN ACT1
To enact Part VII-A of Chapter 6 of Title 40 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 40:1485.11 through 1485.21, relative to water parks; to provide3
for definitions; to require plans submittal; to require water quality testing; to provide4
for limitation of liability; to provide for penalties; to authorize suit for injunction; to5
provide rulemaking authority; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part VII-A of Chapter 6 of Title 40 of the Louisiana Revised Statutes of8
1950, comprised of R.S. 40:1485.11 through 1485.21, is hereby enacted to read as follows:9
PART VII-A. REGULATION OF WATER-BASED AMUSEMENT ATTRACTI ONS10
§1485.11. Short title11
This Part shall be known and may be cited as the "Water Park Safety Law".12
§1485.12. Definitions13
As used in this Part, the following definitions apply unless otherwise14
indicated:15
(1) "Water-supported air structure" means any amusement attraction that16
incorporates a structural system that employs a high-strength fabric or film that17
achieves its strength, shape, and stability by pretensioning with internal air pressure18
and is erected upon water.19 HLS 14RS-1091 ORIGINAL
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(2) "Water park operator" means a person, or the agent of a person, who1
owns or controls or has the duty to control the operation of a water park. "Water2
park operator" may include an agency of the state or any of its political subdivisions.3
(3) "Water park" means any indoor or outdoor area which is comprised of4
one or more water-supported air structures erected on a manmade water body whose5
source of water is a natural water body.6
§1485.13. Construction or repair of water parks7
A.(1) No water park subject to the provisions of this Part shall be constructed8
until building plans and specifications for the water-supported air structures,9
prepared or stamped by a certified architect or engineer, have been submitted to and10
reviewed by the office of state fire marshal for compliance with the standards11
promulgated by the office of state fire marshal pursuant to R.S. 40:1485.21.12
(2) No water park operator shall replace, relocate, or add any additional13
water-supported air structure located in a water park until plans and specifications,14
prepared or stamped by a certified architect or engineer, have been submitted to and15
reviewed by the fire marshal for compliance with the standards promulgated by the16
office of state fire marshal pursuant to R.S. 40:1485.21.17
B.(1) No water park subject to the provisions of this Part which will utilize18
a water filtration system shall be constructed until building plans and specifications19
for the water filtration system, prepared or stamped by a Louisiana licensed20
professional engineer, have been submitted to and reviewed by the Department of21
Health and Hospitals for compliance with the standards promulgated by the22
department pursuant to R.S. 40:1485.21.23
(2) No water park operator shall repair, remodel, or add to the water filtration24
system of a water park until plans and specifications, prepared or stamped by a25
Louisiana licensed professional engineer, have been submitted to and reviewed by26
the Department of Health and Hospitals for compliance with the standards27
promulgated by the department pursuant to R.S. 40:1485.21.28 HLS 14RS-1091 ORIGINAL
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C. The plans and specifications for a water-supported air structure required1
by this Section shall include safety features of the installation of the water-supported2
air structure including but not limited to safety barriers around the bottom perimeter3
of the water-supported air structure to prohibit a person from gaining access to4
underneath the water-supported air structure.5
§1485.14. Administration of part; personnel6
The assistant secretary of the office of state fire marshal is authorized to7
conduct such investigations as are reasonably necessary to assure compliance with8
this Part, to employ such persons as the assistant secretary may deem qualified9
consistent with applicable civil service regulations, and to incur such other expenses10
as may be required in connection with the administration of this Part.11
§1485.15. Notice of violation of standard12
A. If after investigation of any water-supported air structure, the assistant13
secretary of the office of state fire marshal determines that the water-supported air14
structure is in violation of any standard promulgated by the office of state fire15
marshal pursuant to R.S. 40:1485.21, and that there may be a substantial probability16
of death or serious physical injury to the public from its continued use, a notice of17
violation shall be given in writing to the water park where the water-supported air18
structure is located. A copy of the notice shall be attached to the water-supported air19
structure. After the notice of violation is issued, the use of the water-supported air20
structure is prohibited.21
B. The notice of violation issued by the assistant secretary of the state fire22
marshal pursuant to this Section shall constitute a cease and desist order, the23
violation of which shall constitute a misdemeanor offense punishable by a fine of not24
more than one thousand dollars and imprisonment for not more than thirty days or25
both. The notice shall not be removed until the water-supported air structure is made26
safe for public use and the required safeguards are provided. The notice shall not be27
removed except by the assistant secretary of the office of state fire marshal.28 HLS 14RS-1091 ORIGINAL
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§1484.16. Judicial review1
Judicial review of any action of the assistant secretary of the office of state2
fire marshal or the secretary of the Department of Health and Hospitals may be3
sought in accordance with the provisions of the Administrative Procedure Act.4
§1485.17. Water quality; reporting5
Each water park operating in this state shall conduct a water quality test and6
submit a full, accurate, and complete copy of the results to the Department of Health7
and Hospitals not less than once per month during the period the water park is open8
to the public.9
§1485.18. Reporting user injury10
A. Any person who is injured as a result of using a water-supported air11
structure shall report the injury in writing to the water park operator before leaving12
the premises. The written report of injury shall include all of the following:13
(1) The name, address, and phone number of the injured person.14
(2) A full description of the incident, the injuries claimed, any treatment15
received, and the location, date, and time of the injury.16
(3) The cause of the injury, if known.17
(4) The names, addresses, and phone numbers of any witnesses to the18
incident.19
B. If the injured person is unable to file a report because of the severity of20
the injuries, a report shall be filed as soon as reasonably possible.21
C. The water park operator shall submit a copy of the report to the office of22
state fire marshal no later than seven days after receiving the report of injury.23
§1485.19. Violations and penalties; injunctive relief24
A. In addition to the penalties contained in R.S. 40:1485.15(B), the assistant25
secretary of the office of state fire marshal or secretary of the Department of Health26
and Hospitals may assess a civil penalty of not more than five hundred dollars for27
each violation of the provisions of this Part or of the rules and regulations adopted28 HLS 14RS-1091 ORIGINAL
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by the office of state fire marshal or Department of Health and Hospitals. Each day1
on which a violation occurs shall be considered a separate offense.2
B. Penalties may be assessed only by a ruling of the assistant secretary of the3
office of state fire marshal or the secretary of the Department of Health and4
Hospitals based on an adjudicatory hearing held in accordance with the provisions5
of the Administrative Procedure Act.6
C. The assistant secretary of the office of state fire marshal or secretary of7
the Department of Health and Hospitals may institute civil proceedings seeking8
injunctive relief to restrain and prevent the violation of the provisions of this Part,9
or of the rules and regulations adopted by the office of state fire marshal or the10
Department of Health and Hospitals pursuant to R.S. 40:1485.21, in the district court11
for the parish in which the violation occurred.12
D. In addition to the foregoing provisions, the office of state fire marshal or13
the Department of Health and Hospitals may assess those civil penalties attributable14
to the water park operator to the owner or lessee of the site on which the water park15
is located if the owner or lessee of the site failed to reasonably determine that the16
water park operator is properly in compliance with the requirements of this Part.17
§1485.20. Limitation of liability18
Neither the office of state fire marshal nor the Department of Health and19
Hospitals shall be liable for any personal injury, wrongful death, property damage,20
or other loss related to any acts, errors, or omissions by the architect or engineer who21
prepared or stamped the plans submitted to the office of state fire marshal or the22
Department of Health and Hospitals pursuant to R.S. 40:1485.13 or in the23
construction of any water-supported air structure or water park in accordance with24
plans submitted to the office of fire marshal or the Department of Health and25
Hospitals pursuant to R.S. 40:1485.13.26
§1485.21. Rules and regulations27
A. The assistant secretary of the office of state fire marshal shall28
promulgate, in accordance with the Administrative Procedure Act, any rules and29 HLS 14RS-1091 ORIGINAL
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regulations necessary for the administration of this Part. The rules promulgated by1
the fire marshal shall contain, at a minimum, the standards used in the review and2
approval of plans submitted pursuant to R.S. 40:1485.12.3
B. The Department of Health and Hospitals shall promulgate, in accordance4
with the Administrative Procedure Act, any rules and regulations necessary for the5
administration of this Part. The rules promulgated by the department shall contain,6
at a minimum, the standards, policies, and procedures to be used for the testing of7
water quality and submission of the results to the department pursuant to R.S.8
40:1485.17.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Pope HB No. 767
Abstract: Requires owners or operators of water parks with air-supported structures to
provide safety information.
Proposed law may be cited as the "Water Park Safety Law".
Proposed law defines "water-supported air structure" as any amusement attraction that
incorporates a structural system that employs a high-strength fabric or film that achieves its
strength, shape, and stability by pretensioning with internal air pressure and is erected upon
water.
Proposed law defines"water park operator" as a person, or the agent of a person, who owns
or controls or has the duty to control the operation of a water park. "Water park operator"
may include an agency of the state or any of its political subdivisions.
Proposed law defines "water park" as any indoor or outdoor area which is comprised of one
or more water-supported air structures erected on a manmade water body whose source of
water is a natural water body.
Proposed law prohibits a water park from being constructed until building plans and
specifications for the water-supported air structures, prepared or stamped by a certified
architect or engineer, have been submitted to and reviewed by the office of state fire marshal
(OSFM) for compliance with the standards promulgated by OSFM.
Proposed law prohibits a water park operator from replacing, relocating, or adding any
additional water-supported air structure located in a water park until plans and specifications,
prepared or stamped by a certified architect or engineer, have been submitted to and
reviewed by the OSFM for compliance with the standards promulgated by the OSFM.
Proposed law prohibits a water park which will utilize a water filtration system from being
constructed until building plans and specifications for the water filtration system, prepared
or stamped by a La. licensed professional engineer, have been submitted to and reviewed by HLS 14RS-1091 ORIGINAL
HB NO. 767
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the Dept. of Health and Hospitals (DHH) for compliance with the standards promulgated by
DHH.
Proposed law prohibits a water park operator from repairing, remodeling, or adding to the
water filtration system of a water park until plans and specifications, prepared or stamped
by a La. licensed professional engineer, have been submitted to and reviewed by DHH for
compliance with the standards promulgated by DHH.
Proposed law requires the plans and specifications for a water-supported air structure include
safety features of the installation of the water-supported air structure including but not
limited to safety barriers around the bottom perimeter of the water-supported air structure
to prohibit a person from gaining access to underneath the water-supported air structure.
Proposed law authorizes the OSFM to conduct such investigations as are reasonably
necessary to assure compliance with proposed law, to employ such persons as the OSFM
may deem qualified consistent with applicable civil service regulations, and to incur such
other expenses as may be required in connection with the administration of proposed law.
Proposed law authorizes the OSFM, if after investigation of any water-supported air
structure, it is determined that the water-supported air structure is in violation of any
standard promulgated by the OSFM, and that there may be a substantial probability of death
or serious physical injury to the public from its continued use, to issue a written notice of
violation to the water park where the water-supported air structure is located. Proposed law
requires a copy of the notice be attached to the water-supported air structure and prohibits
the use of the water-supported air structure.
Proposed law provides that a notice of violation issued by the OSFM constitutes a cease and
desist order, the violation of which shall constitute a misdemeanor offense punishable by a
fine of not more than $1000 and imprisonment for not more than 30 days or both.
Proposed law requires each water park operating in this state to conduct a water quality test
and submit a full, accurate, and complete copy of the results to DHH not less than once per
month during the period the water park is open to the public.
Proposed law requires any person who is injured as a result of using a water-supported air
structure to report the injury in writing to the water park operator before leaving the
premises. The written report of injury shall include all of the following:
(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.
Proposed law requires the water park operator to submit a copy of the report to the OSFM
no later than 7 days after receiving the report of injury.
Proposed law authorizes OSFM and DHH to assess a civil penalty of not more than $500 for
each violation of proposed law or of the rules and regulations adopted by the OSFM or
DHH. Each day on which a violation occurs shall be considered a separate offense.
Proposed law further authorizes OSFM or DHH to seek injunctive relief to restrain and
prevent the violations.
Proposed law authorizes the OSFM and DHH to assess those civil penalties attributable to
the water park operator to the owner or lessee of the site on which the water park is located HLS 14RS-1091 ORIGINAL
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if the owner or lessee of the site failed to reasonably determine that the water park operator
is properly in compliance with proposed law.
Proposed law provides that neither the OSFM or DHH shall be liable for any personal injury,
wrongful death, property damage, or other loss related to any acts, errors, or omissions by
the architect or engineer who prepared or stamped the plans submitted to the OSFM or DHH
or in the construction of any water-supported air structure or water park in accordance with
plans submitted to the OSFM or DHH.
Proposed law requires the OSFM to promulgate any rules and regulations necessary for the
administration of proposed law, including, at a minimum, the standards used in the review
and approval of plans submitted to the OSFM.
Proposed law requires DHH to promulgate any rules and regulations necessary for the
administration of proposed law, including, at a minimum, the standards, policies, and
procedures to be used for the testing of water quality and submission of the results to DHH.
(Adds R.S. 40:1485.11-1485.21)