Sections
Part I Fire Protection Districts 40:1491 – 40:1510
Part II State Fire College 40:1531 – 40:1532
Part II-A Firefighter; Training and Certification; Louisiana Fire and Emergency Training Commission 40:1541 – 40:1547
Part II-B Fire and Emergency Training Services Districts 40:1551 – 40:1555
Part II-C Volunteer Firefighters’ Tuition Reimbursement Fund 40:1558.1 – 40:1558.7
Part III State Fire Marshal 40:1561 – 40:1664.17

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Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 7 - Fire Prevention or Protection

  • Activity: means a distinct subset of functions or services within a program. See Louisiana Revised Statutes 39:2
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: as used in this Chapter , means a specific person who is directly or indirectly, through one or more intermediaries, controlled by, or controls, or is under common control with the person specified. See Louisiana Revised Statutes 9:3516
  • Agency: means any state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state in the executive branch, but not any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions. See Louisiana Revised Statutes 39:2
  • Allegation: something that someone says happened.
  • ANSI: means the American National Standards Institute. See Louisiana Revised Statutes 40:1664.3
  • Appraisal: A determination of property value.
  • Apprentice: means a person who is licensed to work under the direct supervision and accompaniment of a technician who is licensed to the same firm and holding a valid license to perform the same acts. See Louisiana Revised Statutes 40:1664.3
  • arrearages: means amounts of past due and unpaid monthly support obligations established by a court order issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review, or any other judgment created by operation of any state law. See Louisiana Revised Statutes 51:1442
  • Arrest: Taking physical custody of a person by lawful authority.
  • ASCE: means the American Society of Civil Engineers. See Louisiana Revised Statutes 40:1664.3
  • ASME: means the American Society of Mechanical Engineers. See Louisiana Revised Statutes 40:1664.3
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means a board of commissioners, governing a fire protection district. See Louisiana Revised Statutes 40:1491
  • Board: means the Volunteer Firefighters' Tuition Reimbursement Board. See Louisiana Revised Statutes 40:1558.2
  • Board: means the Louisiana Life Safety and Property Protection Education Board. See Louisiana Revised Statutes 40:1664.3
  • Board of trustees: means and includes the members of the board of trustees of the retirement system. See Louisiana Revised Statutes 11:951.1
  • Budget office: means the section of the division of administration which monitors budgeting functions. See Louisiana Revised Statutes 39:2
  • Budget request: means the document with its accompanying explanations, in which a budget unit states its financial requirements and requests appropriations. See Louisiana Revised Statutes 39:2
  • Budget unit: means any spending agency of the state which is declared to be a budget unit by the division of administration and which is identified for accounting purposes by a five-digit number code. See Louisiana Revised Statutes 39:2
  • Center: means any person or organization which, for profit, offers physical fitness services, whether at multiple outlets or a single outlet. See Louisiana Revised Statutes 51:1576
  • Certify: means to attest to the proper functionality, inspection, installation, integration, programming, and service of life safety and property protection systems and equipment in accordance with all applicable engineered specifications, manufacturer specifications, and submitted plans and per the inspection, testing and maintenance chapters as set forth in the applicable NFPA, ASME, ANSI, and ASCE codes, standards, and manufacturer specifications. See Louisiana Revised Statutes 40:1664.3
  • Check: means any check, draft, item, orders or requests for payment of money, negotiable orders, withdrawal or any other instrument used to pay a debt or transfer money from one to another. See Louisiana Revised Statutes 9:3516
  • Child support: means any amount required to be paid pursuant to a court order issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review. See Louisiana Revised Statutes 51:1442
  • child support order: means any judgment or order for the support of dependent children issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review. See Louisiana Revised Statutes 51:1442
  • Class B fire fighting foam: means any foam designed to extinguish flammable liquid fires. See Louisiana Revised Statutes 40:1615
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Closed circuit television alarm system: means a system that provides video surveillance of events, primarily by means of transmission, recording, or transmission and recording of visual signals through the use of cameras, receivers, monitors, computer, and other visual imaging systems. See Louisiana Revised Statutes 40:1664.3
  • Coal: means anthracite and bituminous coal, lignite, and any fuel derivative thereof. See Louisiana Revised Statutes 51:1602
  • collection agency: means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for compensation. See Louisiana Revised Statutes 51:1442
  • Combination fire department: means a department whose personnel is composed of both volunteer and professional firefighters. See Louisiana Revised Statutes 40:1558.2
  • commerce: means the advertising, offering for sale, sale, or distribution of any services and any property, corporeal or incorporeal, immovable or movable, and any other article, commodity, or thing of value wherever situated, and includes any trade or commerce directly or indirectly affecting the people of the state. See Louisiana Revised Statutes 51:1402
  • Commissioner: means the commissioner of financial institutions. See Louisiana Revised Statutes 9:3516
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Connectivity: means the capacity for the interconnection of platforms, systems, and applications. See Louisiana Revised Statutes 51:1361
  • Consumer: means any person who uses, purchases, or leases goods or services. See Louisiana Revised Statutes 51:1402
  • Consumer: means a natural person who purchases goods, services, or movable or immovable property or rights therein, for a personal, family, or household purpose and includes a purchaser or buyer in a consumer credit sale or transaction made with the use of a seller credit card or otherwise, or a borrower or debtor in a consumer loan, revolving loan account, or a lender credit card. See Louisiana Revised Statutes 9:3516
  • Consumer credit transaction: means a consumer loan or a consumer credit sale but does not include a motor vehicle credit transaction made pursuant to Louisiana Revised Statutes 9:3516
  • Consumer loan: means a loan of money or its equivalent made by a supervised financial organization, a licensed lender, or lender in which the debtor is a consumer, and the loan is entered into primarily for personal, family, or household purposes and includes debts created by the use of a lender credit card, revolving loan account, or similar arrangement, as well as insurance premium  financing. See Louisiana Revised Statutes 9:3516
  • Consumer transaction: means any transaction involving trade or commerce to a natural person, the subject of which transaction is primarily intended for personal, family, or household use. See Louisiana Revised Statutes 51:1402
  • Continuation budget: means that funding level for each budget unit which reflects the financial resources necessary to carry on all existing programs and functions of the budget unit at their current level of service in the ensuing fiscal year including any adjustments necessary to account for the increased cost of services or materials due to inflation and estimated increases in workload requirements resulting from demographic or other changes. See Louisiana Revised Statutes 39:2
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means a contract or agreement, as described in Louisiana Revised Statutes 51:1442
  • contract for dance studio lessons and other services: means a contract for instruction in ballroom or other types of dancing, and includes lessons and other services, whether given to students individually or in groups. See Louisiana Revised Statutes 51:1551
  • Conversion: shall mean the voluntary or mandated conversion of industrial and powerplant fuel requirements in the state from natural gas or petroleum to coal or other alternate fuels. See Louisiana Revised Statutes 51:1602
  • conveyance device: means any of the following, except those located in one- or two-family dwellings as defined in La. See Louisiana Revised Statutes 40:1664.3
  • Conveyance device mechanic: means any person engaged in the erecting, constructing, installing, altering, servicing, dismantling, maintaining, or testing of a conveyance device. See Louisiana Revised Statutes 40:1664.3
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means any corporation organized pursuant to the provisions of this chapter. See Louisiana Revised Statutes 51:1151
  • Credit service charge: means the sum of the following:

    (i)  All charges payable directly or indirectly by the consumer and imposed directly or indirectly by the seller as an incident to the extension of credit, including any of the following types of charges that are applicable: time price differential; service; carrying or other charge, however denominated; premium or other charge for any guarantee or insurance protecting the seller against the consumer's default or other credit loss; and

    (ii)  Charges paid by the consumer for investigating the collateral or credit worthiness of the consumer or for commissions or brokerage for obtaining the credit, irrespective of the person to whom the charges are paid or payable, unless the seller had no notice of the charges when the credit was granted. See Louisiana Revised Statutes 9:3516

  • creditor: as used in this Chapter includes a seller in a consumer credit sale, revolving charge account, or transaction made with the use of a seller credit card or otherwise, or a lender in a consumer loan, a revolving loan account, or a lender credit card transaction. See Louisiana Revised Statutes 9:3516
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Children and Family Services, office of children and family services, child support enforcement section. See Louisiana Revised Statutes 51:1442
  • department: means the Department of Energy and Natural Resources of the state of Louisiana. See Louisiana Revised Statutes 51:1602
  • Department of Energy: means the Department of Energy of the United States. See Louisiana Revised Statutes 51:1602
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated agent: means an owner or a manager of an alarm contracting company or single station fire alarm contracting company, a locksmithing services company, or closed circuit television alarm system contracting company who has been assigned the responsibility of submitting any notice required by this Subpart to the state fire marshal. See Louisiana Revised Statutes 40:1664.3
  • Direct supervision: means oversight of a firm's operations by a qualifier or onsite supervision by a licensed technician or specialist of an apprentice or consultant. See Louisiana Revised Statutes 40:1664.3
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • district: means an economic development district established by a local governmental subdivision pursuant to Louisiana Revised Statutes 33:9038.31
  • District: means a fire protection district created under the provisions of this Part. See Louisiana Revised Statutes 40:1491
  • Docket: A log containing brief entries of court proceedings.
  • Documentary material: means the original or a copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated. See Louisiana Revised Statutes 51:1402
  • door hardware: means stand alone electro/mechanical locks, latches, exit hardware, closures, and hinges mounted onto doors intended to operate and secure the door properly. See Louisiana Revised Statutes 40:1664.3
  • DOT: means the United States Department of Transportation. See Louisiana Revised Statutes 40:1664.3
  • Down payment: means an amount, including the value of any property used as a trade-in, paid to a seller to reduce the cash price of goods or services purchased under a consumer credit sale. See Louisiana Revised Statutes 9:3516
  • Elder person: means any person sixty-five years of age or older. See Louisiana Revised Statutes 51:1402
  • Employee: means a person who performs services for wages or salary and receives a W-2 tax form from his employer. See Louisiana Revised Statutes 40:1664.3
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Executive budget: means the document submitted to the legislature at each regular session, pursuant to the provisions of this Chapter and Louisiana Revised Statutes 39:2
  • Executor: A male person named in a will to carry out the decedent
  • Exemptions: as used in this Chapter shall mean those criteria established through rules and regulations of the Department of Energy and Natural Resources, in accordance with federal law and in coordination with the rules of applicable federal agencies to permit a powerplant or industry, when feasible or in the best interest of the state, to postpone or avoid untimely use of coal or other alternate fuel or conversion of its fuel base from natural gas or petroleum to coal or other alternate fuel. See Louisiana Revised Statutes 51:1602
  • Existing high rise buildings: means any building having floor surfaces used for human occupation located more than seventy-five feet above the lowest level of fire department vehicle access constructed before January 1, 1975. See Louisiana Revised Statutes 40:1642
  • Existing operating budget: means the initial operating budget as adjusted for actions taken by the Joint Legislative Committee on the Budget, the Interim Emergency Board, the legislature, or the governor in accordance with the provisions of this Chapter or any other provision of law. See Louisiana Revised Statutes 39:2
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • False alarm: means a security alarm signal eliciting a response by police when a situation requiring such a response does not exist, including but not limited to the activation or transmission of any alarm signal caused by human error, mechanical or electronic malfunction, negligence of the alarm system user or user's agent or employee, whether or not the exact cause of the alarm activation is determined, or any other activation or transmission of any alarm signal where no actual police emergency exists. See Louisiana Revised Statutes 40:1664.3
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fire detection and alarm systems: means those assemblies of wiring, electronic transmitting devices, detection devices, and related equipment for the detection of products of combustion or flammable gases, heat and for alerting occupants, including fire department personnel, of a fire emergency. See Louisiana Revised Statutes 40:1664.3
  • Fire hose: means a flexible conduit used to convey water. See Louisiana Revised Statutes 40:1664.3
  • Fire protection sprinkler system: means a system of overhead piping designed in accordance with fire protection engineering standards. See Louisiana Revised Statutes 40:1642
  • Fire protection systems and equipment: means those life safety and property loss systems, whether commercial or residential, intended to protect a structure's occupants or property from the risk and dangers of fire or explosion. See Louisiana Revised Statutes 40:1664.3
  • Fire sprinkler systems and equipment: means those life safety systems intended to protect a structure's occupants or property from the risk and dangers of fire or explosion. See Louisiana Revised Statutes 40:1664.3
  • Firm: means a sole proprietorship, partnership, corporation, limited liability company, or any other entity. See Louisiana Revised Statutes 40:1664.3
  • Firm license: means that document authorizing a firm to perform life safety and property protection contracting for those endorsements held. See Louisiana Revised Statutes 40:1664.3
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • FITAP: means Family Independence Temporary Assistance Program. See Louisiana Revised Statutes 51:1442
  • Fixed fire suppression systems: means those assemblies of piping, conduits, or containers that convey liquid, powder, or gases to dispersal openings or devices protecting one or more hazards by suppressing or extinguishing fires, but shall not include fire sprinkler systems, as defined in this Subpart. See Louisiana Revised Statutes 40:1664.3
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Fraud: Intentional deception resulting in injury to another.
  • Functions: means duties, jurisdiction, powers, rights, and obligations, conferred or imposed upon, or vested in, any agency by law, or exercised, performed, or discharged by any agency without contravention of any provision of law. See Louisiana Revised Statutes 39:2
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government agency: means any department, office, council, or agency of the federal, state, or local government, or any public benefit corporation or authority authorized by law. See Louisiana Revised Statutes 51:1361
  • Household fire warning system specialist: means an individual licensed to certify, inspect, install, integrate, and service household fire warning systems. See Louisiana Revised Statutes 40:1664.3
  • Improper means: includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Louisiana Revised Statutes 51:1431
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Individual license: means that document authorizing an individual to perform life safety and property protection contracting for those endorsements held. See Louisiana Revised Statutes 40:1664.3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspect: means a visual examination of life safety and property protection systems or equipment to verify that it appears to be in operating condition and is free of physical damage. See Louisiana Revised Statutes 40:1664.3
  • Install: means the initial placement of life safety and property protection systems or equipment or an extension of such after initial placement. See Louisiana Revised Statutes 40:1664.3
  • Integrate: means the act of utilizing accepted and approved life safety and property protection systems or equipment and components in accordance with manufacturers' direction to develop a unified and functioning system meeting applicable NFPA codes and standards. See Louisiana Revised Statutes 40:1664.3
  • intrusion alarm system: means an alarm, alarm system, or portion of such an alarm or system intended to detect an unauthorized entry or other emergency, not including a fire, in a structure. See Louisiana Revised Statutes 40:1664.3
  • Issuer: means the local governmental subdivision, economic development district, industrial development board of the municipality or parish authorized and created pursuant to Chapter 7 of Title 51 of the Louisiana Revised Statutes of 1950, a public trust with the municipality or parish as the beneficiary thereof as provided in Chapter 2-A of Code Title II of Code Book III of Title 9 of the Louisiana Revised Statutes of 1950, as authorized in this Part, the Walnut Street Special District, any Tax Increment Development Corporation activated in a municipality with a population of not less than three thousand three hundred and not more than three thousand three hundred ninety-five persons according to the most recent federal decennial census for the purposes provided for in Louisiana Revised Statutes 33:9038.31
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Kitchen suppression specialist: means an individual licensed to certify, inspect, install, integrate, and service pre-engineered fire suppression systems protecting kitchen appliances. See Louisiana Revised Statutes 40:1664.3
  • Knowingly: means that the act or practice used was such that a reasonably prudent businessman knew or should have known that the act or practice was a violation of this Chapter. See Louisiana Revised Statutes 51:1402
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed lender: means a person licensed by the commissioner to make consumer loans pursuant to this Chapter. See Louisiana Revised Statutes 9:3516
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life safety and property protection contracting: means performing certification, inspection, installation, integration, programming, sale, or service of systems and equipment designed to protect life and property. See Louisiana Revised Statutes 40:1664.3
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan finance charge: means the sum of the following:

    (i)  All charges payable directly or indirectly by the consumer and imposed directly or indirectly by the lender as a requirement of the extension of credit, including any of the following types of charges that are applicable: interest or any amount payable under a point, discount, or other system of charges, however denominated; and

    (ii)  Charges paid by the consumer for investigating the collateral or credit worthiness of the consumer. See Louisiana Revised Statutes 9:3516

  • Local governmental subdivision: means any municipality or parish or any municipality, parish, local industrial board, a local public trust authorized pursuant to Louisiana Revised Statutes 33:9038.31
  • Locksmith technician: means an individual who sells, repairs, rebuilds, recodes, services, adjusts, installs, manipulates, or bypasses a special locking system, mechanical locking device or electronic locking devices for controlled access or egress to premises, safes, vaults, safe doors, lock boxes, automatic teller machines, or other devices for safeguarding areas or certifies, inspects, installs, integrates, sells and services closed circuit television alarm systems. See Louisiana Revised Statutes 40:1664.3
  • Master plan: means a specific scheme or plan detailing the number of floors, total square footage, present occupancy and a proposed completion date of each phase and completion date of total compliance with the requirement of this Subpart. See Louisiana Revised Statutes 40:1642
  • Mechanical locks: means a mechanical device or door hardware intended to control access or egress to or from a structure or area. See Louisiana Revised Statutes 40:1664.3
  • Medical board: means the board of physicians provided for in this Part. See Louisiana Revised Statutes 11:951.1
  • member: means a person who contracts for the use of physical fitness services. See Louisiana Revised Statutes 51:1576
  • Misappropriation: means :

    (a)  acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

    (b)  disclosure or use of a trade secret of another without express or implied consent by a person who:

    (i)  used improper means to acquire knowledge of the trade secret; or

    (ii)  at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

    (aa)  derived from or through a person who had utilized improper means to acquire it;

    (bb)  acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

    (cc)  derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

    (iii)  before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Louisiana Revised Statutes 51:1431

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • NFPA: means the National Fire Protection Association. See Louisiana Revised Statutes 40:1664.3
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nondiscretionary adjusted standstill budget: shall mean and shall contain the following:

                (a) The budget unit's current-year existing operating budget as of December first. See Louisiana Revised Statutes 39:2

  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means an individual who is owed child support under a child support order and who has entered or may enter into a contract with a collection agency. See Louisiana Revised Statutes 51:1442
  • Obligor: means a resident of this state required to pay child support in accordance with an order of support issued by a court or other tribunal. See Louisiana Revised Statutes 51:1442
  • Office: means the office of broadband development and connectivity. See Louisiana Revised Statutes 51:1361
  • Office: means the office under the direction of the executive director of broadband development and connectivity. See Louisiana Revised Statutes 51:1372
  • Officer: means the president, vice president, secretary, treasurer, comptroller, or any other person who performs functions for a life safety and property protection contracting firm corresponding to those performed by those officers. See Louisiana Revised Statutes 40:1664.3
  • Official forecast: means the most recently adopted estimate of money available for appropriation by the Revenue Estimating Conference as provided in Louisiana Revised Statutes 39:2
  • Official information: means data, forecasts, estimates, analyses, studies, and other information which the principals of a consensus estimating conference may adopt pursuant to a vote of the majority of the principals of that conference. See Louisiana Revised Statutes 39:2
  • Official journal of the district: means the official journal of the local governmental subdivision creating the economic development district. See Louisiana Revised Statutes 33:9038.31
  • Operating location: means a physical address that houses an entity that performs life safety and property protection contracting. See Louisiana Revised Statutes 40:1664.3
  • Organization: means corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. See Louisiana Revised Statutes 9:3516
  • Other alternate fuel: as used in this Chapter shall mean some fuel other than natural gas, coal, and with the exceptions stated in the Federal Powerplant and Industrial Fuel Use Act of 1978, oil. See Louisiana Revised Statutes 51:1602
  • Outlet: means a separate location of a center which is not physically connected with another center but which may use the same name or may be operated by the same person or organization. See Louisiana Revised Statutes 51:1576
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parliamentarian: The Parliamentarian is an advisor on the interpretation of legislative rules and procedures.
  • Participant: means any employee who is entitled to the beneficial provisions of this retirement system. See Louisiana Revised Statutes 11:951.1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any natural or juridical person, including corporations. See Louisiana Revised Statutes 51:1361
  • Person: means a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity. See Louisiana Revised Statutes 51:1402
  • Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Louisiana Revised Statutes 51:1431
  • Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. See Louisiana Revised Statutes 51:1602
  • Person: as used in this Chapter means an individual or corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3516
  • Person: means an individual, association, joint venture, partnership, corporation, limited liability company, political subdivision, municipality, or public or private organization of any character, including any agency, department, board, bureau, office, commission, district, corporation, and quasi-public corporation of the federal, state, municipal, or local government. See Louisiana Revised Statutes 40:1615
  • Person: means a natural person or individual. See Louisiana Revised Statutes 40:1664.3
  • Person with a disability: means a person with a mental, physical, or developmental disability that substantially impairs that person's ability to provide adequately for his own care or protection. See Louisiana Revised Statutes 51:1402
  • Personal property: All property that is not real property.
  • PFAS chemicals: means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances, and designed to be fully functional in Class B fire fighting foam formulations. See Louisiana Revised Statutes 40:1615
  • Physical fitness services: means facilities or services for the development of physical fitness through exercise or weight control. See Louisiana Revised Statutes 51:1576
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Portable fire extinguisher: means any portable device that contains liquid, powder, or gases for suppressing or extinguishing fires. See Louisiana Revised Statutes 40:1664.3
  • Portable fire extinguisher and fire hose technician: means an individual licensed to certify, inspect, install, and service portable fire extinguishers and fire hoses. See Louisiana Revised Statutes 40:1664.3
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Powerplant: as used in this Chapter means a stationary electric generating unit consisting of a boiler, gas turbines, or combined cycle unit that produces electricity for sale or exchange or self-generated use. See Louisiana Revised Statutes 51:1602
  • Pre-engineered fire suppression specialist: means an individual licensed to certify, inspect, install, integrate, and service pre-engineered fire suppression systems. See Louisiana Revised Statutes 40:1664.3
  • Pre-engineered fire suppression system: means packaged fire suppression systems which consist of system components intended to be installed according to pre-tested limitations as approved or listed by a testing laboratory. See Louisiana Revised Statutes 40:1664.3
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal: includes a person or entity entitled to exercise the prerogatives or indicia of ownership or control of a property protection firm whether by direct action, assignment, or any other kind of substitution or subrogation. See Louisiana Revised Statutes 40:1664.3
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Project: means any anti-pollution project or any development project or any combination thereof. See Louisiana Revised Statutes 51:1151
  • Project costs: means all costs necessary for the planning, development, acquisition, construction, extension, or improvement of a revenue bond project, including site acquisition and preparation and installation of utilities, architectural, engineering, supervising, accounting, inspection, legal, and financing fees and costs, preparation of feasibility studies and reports, interest on revenue bonds and notes during construction and for a reasonable period thereafter, establishment of reserves to secure the bonds and notes, and all other expenditures incidental and necessary or convenient therefor. See Louisiana Revised Statutes 51:1602
  • Property protection systems and equipment: means those life safety and property protection systems intended to protect lives and property from the risk of theft, unauthorized entry, or other physical harm to a structure's occupants or property. See Louisiana Revised Statutes 40:1664.3
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • provider of Internet service: means a facilities-based provider or other entity that provides residential consumers with the ability to access the Internet in exchange for consideration such as through a paid subscription or through an agreement to view specific ads or content in exchange for Internet access, provided, however, this term does not include an entity that provides access to the Internet using spectrum regulated by the Federal Communications Commission pursuant to Louisiana Revised Statutes 51:1425
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualifier: means a person who possesses the appropriate training or experience credentials enabling a firm to obtain a life safety and property protection license. See Louisiana Revised Statutes 40:1664.3
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recipient: means a person who has met the eligibility requirements and  is awarded tuition reimbursement from the Volunteer Firefighters' Tuition Reimbursement Fund. See Louisiana Revised Statutes 40:1558.2
  • Records: means all of the documents defined in Paragraphs (1), (2), (3) and (4) above, and all other documents made, developed or collected by the office of state fire protection. See Louisiana Revised Statutes 40:1596.3
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retirement: means withdrawal from active service with a retirement allowance allowable under the provisions of this Part. See Louisiana Revised Statutes 11:951.1
  • Retirement system: means the corporation known as the Orleans Parish School Employees' Retirement System established in Louisiana Revised Statutes 11:951.1
  • Revenue Bond Projects: means any one or more of the facilities authorized to be financed by the issuance of revenue bonds pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 51:1602
  • Revenue bonds: means any bonds or notes issued pursuant to this Chapter. See Louisiana Revised Statutes 51:1602
  • Revenues: include fees, proceeds, moneys, receipts, and income derived for the account of the Department of Energy and Natural Resources in connection with any revenue bond project or arising from the project. See Louisiana Revised Statutes 51:1602
  • Revolving charge account: means an arrangement between a seller or issuer of a seller credit card honored by the seller and a consumer pursuant to which:

    (a)  The creditor permits the consumer to purchase goods or services on a preauthorized basis;

    (b)  The creditor reasonably contemplates repeated transactions;

    (c)  The creditor may impose a credit service charge from time to time on the outstanding unpaid balance of the consumer's account;

    (d)  The amount of credit that may be extended to the consumer, up to any limit set by the creditor, is generally made available to the extent that any outstanding balance is repaid; and

    (e)  No credit service charges may be imposed upon the consumer for a billing period if the account is paid in full within a period of twenty-five days from the billing date. See Louisiana Revised Statutes 9:3516

  • secretary: means the secretary of the Department of Energy and Natural Resources of the state of Louisiana or such persons as the secretary may authorize to act for him as provided in Louisiana Revised Statutes 51:1602
  • Secretary of Energy: means the secretary of the United States Department of Energy. See Louisiana Revised Statutes 51:1602
  • Security sales specialist: means an individual licensed to sell or specify security systems and equipment. See Louisiana Revised Statutes 40:1664.3
  • Security systems and equipment: means those life safety and property protection systems intended to protect lives and property from the risk of theft, unauthorized entry, or other physical harm to a structure's occupants or property. See Louisiana Revised Statutes 40:1664.3
  • Security technician: means an individual licensed to certify, inspect, install, integrate, sell, and service security systems and equipment or special locking systems. See Louisiana Revised Statutes 40:1664.3
  • Sell: means to solicit another on behalf of a property protection firm by any means, including but not limited to telephone or electronic device, public notice or advertisement, door-to-door or any other type of personal interaction. See Louisiana Revised Statutes 40:1664.3
  • Service: means to repair or maintain. See Louisiana Revised Statutes 40:1664.3
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Special locking specialist: means an individual who certifies, designs, inspects, installs, integrates, sells, or services a special locking system protecting a controlled access area or egress to premises. See Louisiana Revised Statutes 40:1664.3
  • Special locking systems: means an electro-mechanical lock, electronic lock, or electronic locking arrangement intended to control access or egress to a structure or area. See Louisiana Revised Statutes 40:1664.3
  • Specialist: means an individual who is trained and certified to perform life safety and property protection contracting within a specific limited endorsement. See Louisiana Revised Statutes 40:1664.3
  • Specialty endorsement: means a narrow category of license authorizing its holder to perform only one aspect of life safety and property protection contracting. See Louisiana Revised Statutes 40:1664.3
  • State fire marshal: means the Department of Public Safety and Corrections, office of state fire marshal, code enforcement and building safety, and its authorized representatives empowered to enforce the provisions of this Subpart. See Louisiana Revised Statutes 40:1664.3
  • State plan: means a program or plan of the state of Louisiana planned, prepared, established, and administered by the Department of Energy and Natural Resources to implement the intent and purposes of this Chapter. See Louisiana Revised Statutes 51:1602
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • substantial: means that at least fifty percent of the attorney's business, either in terms of remuneration or time spent, is comprised of the activity of seeking to collect or enforce child support obligations. See Louisiana Revised Statutes 51:1442
  • Summons: Another word for subpoena used by the criminal justice system.
  • support enforcement services: means :

    (a)  Any action taken by the department, upon receipt of an application or referral for services or a request made under the Uniform Interstate Family Support Act, in accordance with the federal requirements of Title IV-D of the Social Security Act and corresponding state laws and regulations without regard to whether there is any existing court order, delinquency, or presumption of paternity. See Louisiana Revised Statutes 51:1442

  • Support facility: means any facility providing an intermediate coal or alternate fuel service essential or useful to the use of or conversion to such fuels by powerplants and industries, the availability of which will facilitate economical and orderly use of or conversion to coal or alternate fuel and inure to the benefit of Louisiana citizens using the products produced by the powerplants and industries which utilize the support facility, and which the secretary has determined is required by the public interest of the state to be either licensed by the state under this Chapter, or if no person is interested in obtaining a license and constructing and operating such support facility, is owned and operated by the department as elsewhere provided in this Chapter. See Louisiana Revised Statutes 51:1602
  • Technical endorsement: means a broad category of license authorizing its holder to perform multiple aspects of life safety and property protection contracting within a certain endorsement. See Louisiana Revised Statutes 40:1664.3
  • Technician: means an individual who is trained and certified to perform life safety and property protection contracting within a technical endorsement. See Louisiana Revised Statutes 40:1664.3
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testing: means calibration testing, conformance testing, or fixed system testing. See Louisiana Revised Statutes 40:1615
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

    (a)  derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and

    (b)  is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Louisiana Revised Statutes 51:1431

  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.