§44.2. Riverboat inspections for landside facilities; state fire marshal

            A. To ensure public health and safety, the riverboat landside facilities shall be inspected prior to the commencement of gaming operations, annually, and as requested by the board. The licensee or applicant shall receive a valid certificate of compliance issued by the board in order to operate or continue to operate. The board may issue a certificate of compliance to a licensee or applicant for its riverboat landside facility based on the recommendation of a third-party inspector approved by the board, including the state fire marshal or his designee.

            B.(1) The recommendation shall be based on compliance of all of the following from the riverboat landside facility:

            (a) Applicable provisions of the National Fire Protection Association Life Safety Code (NFPA 101) as adopted by the state.

            (b) Applicable provisions of the International Building Code as adopted by the state.

            (c) An inspection report by the state fire marshal or his designee.

            (d) Applicable provisions of the local and state building codes and laws.

            (e) Issuance of a certificate of occupancy.

            (2) When acting as the third-party inspector, the state fire marshal shall only be required to inspect a riverboat landside facility in accordance with any law for which the state fire marshal is given responsibility for supervision or enforcement, including but not limited to R.S. 40:1561 et seq.

            (3) Items not in compliance with the inspection standards described in this Section shall be identified by the third-party inspector who shall establish a time period for the discrepancies to be remedied by the licensee or applicant. Failure to remedy any discrepancy timely shall be reported to the division and the Louisiana Gaming Control Board who may impose sanctions, including a civil penalty, upon the licensee or applicant. Nothing in this Section shall limit the ability of the state fire marshal to enforce and apply the provisions of any law for which the state fire marshal is given responsibility for supervision or enforcement, including but not limited to R.S. 40:1561 et seq.

            (4) The third-party inspector shall submit a report to the board with its findings. The third-party inspector shall inform the board in writing whether the licensee or applicant is eligible for a certificate of compliance or a temporary certificate of compliance. When the state fire marshal acts as the third-party inspector, the inspection report shall be sufficient for the purposes of complying with the requirements of this Section.

            C.(1) Fees imposed by a third-party inspector shall be paid by the licensee or applicant. Under no circumstance shall the state or any of its political subdivisions, boards, or agencies be responsible for the payment of the inspection fees as required by this Section. Inspection fees shall be used to pay for the costs of the inspection of the riverboat landside facility. Inspection fees shall be paid prior to the inspection in a time and manner determined by the state fire marshal. The fees are nonrefundable.

            (2) The state fire marshal is authorized to collect fees for each riverboat landside facility inspection according to the following schedule:

            (a) Annual riverboat landside facility inspections not to exceed fifteen thousand dollars.

            (b) Each additional inspection as deemed necessary by the board or state fire marshal not to exceed five thousand dollars.

            (3) All fees collected by the state fire marshal pursuant to this Section shall be deposited into the Louisiana Fire Marshal Fund.

            D. The licensee shall conduct quarterly inspections using criteria required by the division, shall document in writing the results of the quarterly inspection, and shall make the results available to the division and the board.

            Acts 2023, No. 126, §1.