7900-7919
LABOR CODE
SECTION 7900-7919
7900. This part shall be known and may be cited as the Amusement
Rides Safety Law.
7901. As used in this part:
(a) "Amusement ride" means a mechanical device which carries or
conveys passengers along, around, or over a fixed or restricted route
or course for the purpose of giving its passengers amusement,
pleasure, thrills, or excitement. "Amusement ride" includes the
business of operating bungee jumping services or providing services
to facilitate bungee jumping, but does not include slides, playground
equipment, coin-operated devices or conveyances which operate
directly on the ground or on the surface or pavement directly on the
ground or the operation of amusement devices of a permanent nature.
The division shall determine the specific devices which are amusement
rides for the purposes of this part. This determination shall be
made to apply equally to all operators of similar or identical rides
and shall be made pursuant to a procedure promulgated by the
standards board.
(b) "Operator" or "owner" means a person who owns or controls or
has the duty to control the operation of an amusement ride. It
includes the state and every state agency, and each county, city,
district, and all public and quasi-public corporations and public
agencies therein.
(c) "Permit" means a document issued by the division which
indicates that an inspection of the ride has been performed pursuant
to rules and regulations adopted by the division.
7902. The division shall promulgate and formulate rules and
regulations for adoption by the Occupational Safety and Health
Standards Board for the safe installation, repair, maintenance, use,
operation, and inspection of all amusement rides as the division
finds necessary for the protection of the general public using
amusement rides. The rules and regulations shall be in addition to
the existing applicable safety orders and will be concerned with
engineering force stresses, safety devices, and preventative
maintenance. Nothing in this chapter shall limit the authority of the
division to prescribe or enforce general or special safety orders.
7903. The division or a public entity shall not issue the original
certificate of inspection for an amusement ride until it receives
certification in writing by an engineer qualified under the Civil and
Professional Engineers Act (Chapter 7 (commencing with Section 6700)
of Division 3 of the Business and Professions Code) that such
amusement ride meets the requirements established by the division for
amusement rides.
7904. (a) The division may fix and collect fees for the inspection
of amusement rides that it deems necessary to cover the actual cost
of having the inspection performed by a division safety engineer. The
division may not charge for inspections performed by certified
insurance inspectors or an inspector for a public entity, but may
charge a fee of not more than ten dollars ($10) to cover the cost of
processing the permit when issued by the division as a result of the
inspection. All fees collected by the division under this section
shall be deposited into the Elevator Safety Account to support the
division's portable amusement ride inspection program.
(b) The division shall annually prepare and submit to the Division
of Fairs and Expositions within the Department of Food and
Agriculture, a report summarizing all inspections of amusement rides
and accidents occurring on amusement rides. This annual report shall
also contain all route location information submitted to the division
by permit applicants.
7905. The division may hire inspectors to inspect amusement rides.
The division shall cause the inspection provided by this part to be
made by its safety inspectors, or by a qualified inspector who is
approved by the division and employed by an insurance company or a
public entity.
7906. No person shall operate an amusement ride without a permit
issued by the division or a public entity. On or before March 1 of
each year an operator shall apply for a permit to the division or a
public entity on a form furnished by the division and containing such
information as the division may require. Each application shall
specifically include a route list for the ride for the permit year,
which shall include the name of each town or city, street location,
and dates of operation of the ride at each location. A route list may
be revised at any time, but a ride may not be operated at a
particular location unless notification of the revision has been
given previously to the division or public entity issuing the permit.
All amusement rides shall be inspected before they are originally
put into operation for the public's use and thereafter at least once
every year, unless authorized to operate on a temporary permit.
Amusement rides may also be inspected each time they are disassembled
and reassembled.
7907. If, after inspection, an amusement ride is found to comply
with the rules and regulations of the division, the division or a
public entity shall issue a permit to operate.
7908. Before a new amusement ride is erected, or whenever any
additions or alterations are made which change the structure,
mechanism, classification, or capacity of any amusement ride, the
operator shall file with the division or a public entity a notice of
his intention and any plans or diagrams requested by the division.
7909. The division may order cessation of operation of an amusement
ride and permit revocation if it has been determined after
inspection to be hazardous or unsafe. Operation shall not resume
until such conditions are corrected to the satisfaction of the
division
7910. This part shall not be construed to prevent the use of any
existing installation which upon inspection is found to be in a safe
condition and in conformance with the rules and regulations of the
division.
7911. If there are practical difficulties or unnecessary hardships
for an operator to comply with the rules and regulations under this
part, the division may modify the application of such rules or
regulations if the spirit of the rules and regulations shall be
observed and the public safety is secure. Any operator may make a
written request to the division stating his grounds and applying for
such modification. Any authorization by the division shall be in
writing and shall describe the conditions under which the
modifications are permitted. A record of all modifications shall be
kept in the division and open to the public.
7912. No person shall operate an amusement ride unless there is in
existence and on file with the division a policy of insurance, issued
by a company licensed by the Department of Insurance to do business
in the state, or by a nonadmitted insurer employed by a surplus lines
broker licensed by the Department of Insurance, in an amount of not
less than five hundred thousand dollars ($500,000) until January 1,
2009, and, effective on and after January 1, 2009, one million
dollars ($1,000,000) per occurrence insuring the owner or operator
against liability for injury suffered by persons riding the amusement
ride.
7913. Nothing contained in this part shall prevent cities,
counties, and cities and counties from regulating carnivals or
amusement rides, nor prevent them from enacting legislation more
restrictive than this part with respect to carnivals or amusement
rides.
7914. (a) An operator of an amusement ride shall report or cause to
be reported to the division immediately by telephone each known
incident where the maintenance, operation, or use of the amusement
ride results in any of the following:
(1) A fatality.
(2) A loss of consciousness or other injury to a person which
requires medical service other than ordinary first aid treatment.
(3) Major mechanical failure. For purposes of this section, "major
mechanical failure" means the stoppage of operation resulting from
or in a structural failure, a mechanical or electrical failure of a
drive or control system component, or a failure of a restraint system
that significantly compromises ride safety. "Major mechanical
failure" does not include a foreseeable malfunction that activates a
safety system.
(4) A patron falling from a moving ride or from a ride that has
temporarily stopped in an elevated position.
(b) If a fatality, reportable injury, or major mechanical failure,
as defined in subdivision (a),is caused by the failure, malfunction,
or operation of an amusement ride, the equipment or conditions that
caused the accident shall be preserved for the purpose of
investigation by the division.
(c) In addition to the report by telephone required under
subdivision (a), an operator of an amusement ride shall submit a
written accident report to the division within 24 hours of an
incident on a form designated by the division.
(d) A division inspector may inspect an amusement ride upon
receipt of the report of an incident.
(e) Whenever a state, county, or local fire or police agency is
called to an accident involving an amusement ride covered by this
part in which a serious injury or illness, or death occurs, the
nearest office of the division shall be notified by telephone
immediately by the responding agency.
7915. (a) Any owner or operator of any amusement ride who fails to
comply with any provision of this part or any rule, regulation, or
safety order adopted pursuant to this part shall be guilty of a
misdemeanor.
(b) Whenever an owner or operator of any amusement ride fails to
pay any fee required under Section 7904 within 60 days after
notification, the owner or operator shall pay, in addition to the fee
required, a penalty fee equal to 100 percent of the required fee.
For purposes of this section, the date of the invoice shall be
considered the date of notification.
(c) The division shall not issue any permit to any owner or
operator of any amusement ride who fails to pay any fee until the fee
is paid.
7916. (a) An owner of an amusement ride shall provide training for
its employees in the safe operation and maintenance of amusement
rides, as required by Sections 4, 6, 7, and 8 of ASTM F770-06,
Standard Practice for Ownership and Operation of Amusement Rides and
Devices, adopted by the American Society for Testing and Materials,
as amended or as may be amended from time to time and as the division
deems appropriate, and the injury prevention program required under
Section 6401.7.
(b) The owner of an amusement ride shall maintain all of the
records necessary to demonstrate that the requirements of subdivision
(a) have been met, including employee training records and
maintenance, repair, inspection, and injury and illness records for
each amusement ride, as specified in ASTM F770-06 referenced in
subdivision (a). On and after January 1, 2009, the owner of an
amusement ride shall make the records available to a division
inspector upon request.
7917. If the division determines that an owner or operator of an
amusement ride subject to this part has willfully or intentionally
violated this part or a rule or regulation promulgated under this
part, and that the violation resulted in a death or reportable injury
as specified in Section 7914, the division shall impose on that
owner or operator a civil penalty of not less than five thousand
dollars ($5,000) and not more than twenty-five thousand dollars
($25,000).
7918. The division shall enforce this part by the issuance of a
citation and notice of civil penalty in a manner consistent with that
specified in Section 6317 or in some other manner as deemed
appropriate by the division. An owner or operator who receives a
citation and penalty may appeal the citation and penalty to the
Occupational Safety and Health Appeals Board in a manner consistent
with that specified in Section 6319.
7919. The division shall adopt rules and regulations necessary for
the administration of this part, including, the reporting
requirements established under Section 7914.