44-1601. Definitions.
44-1601
44-1601. Definitions.As used in this act:
(a) (1) "Amusement ride" means any mechanical or electrical device thatcarries or conveys passengers along, around or over a fixed or restricted routeor course or within a defined area for the purpose of giving its passengersamusement, pleasure, thrills or excitement and shall include, but not belimited to:
(A) Rides commonly known as ferris wheels, carousels, parachute towers,bungee jumping, reverse bungee jumping, tunnels of love and roller coasters;
(B) equipment generally associated with winter activities, such asski lifts, ski tows, j-bars, t-bars, chair lifts and aerialtramways; and
(C) equipment not originally designed to be used as an amusement ride, suchas cranes or other lifting devices, when used as part of an amusement ride.
(2) "Amusement ride" does not include:
(A) Games, concessions and associated structures;
(B) any single passenger coin-operated ride that: (i) Is manually,mechanically or electrically operated; (ii) is customarily placed in a publiclocation; and (iii) does not normally require the supervision or services of anoperator; or
(C) nonmechanized playground equipment, including, but not limited to,swings, seesaws, stationary spring-mounted animal features,rider-propelled merry-go-rounds, climbers, slides, trampolines, moon walks andother inflatable equipment andphysical fitness devices.
(b) "Certificate of inspection" means a certificate, signed and dated by aqualified inspector, showing that an amusement ride has satisfactorily passedinspection by such inspector.
(c) "Department" means the department of labor.
(d) "Home-owned amusement ride" means an amusement ride owned by anot-for-profit entity and operated:
(1) Solely within a single county;
(2) by individuals on a volunteer basis; and
(3) for a period not to exceed 12 days within one calendaryear.
(e) "Nondestructive testing" means the development andapplication of technical methods such as radiographic, magnetic particle,ultrasonic, liquid penetrant, electromagnetic, neutron radiographic, acousticemission, visual and leak testing to:
(1) Examine materials or components in ways that do not impair the futureusefulness and serviceability in order to detect, locate, measure and evaluatediscontinuities, defects and otherimperfections;
(2) assess integrity, properties and composition; and
(3) measure geometrical characters.
(f) "Operator" means a person actually engaged in ordirectly controllingthe operations of an amusement ride.
(g) "Owner" means a person who owns, leases, controls ormanages theoperations of an amusement ride and may include the state or any politicalsubdivision of the state.
(h) "Parent or guardian" means any parent, guardian orcustodian responsiblefor the control, safety, training or education of a minor or an adult or minorwith an impairment in need of a guardian or a conservator, or both, as thoseterms are defined by K.S.A. 59-3051 and amendments thereto.
(i) (1) "Patron" means any individual who is:
(A) Waiting in the immediate vicinity of an amusement ride to get on theride;
(B) getting on an amusement ride;
(C) using an amusement ride;
(D) getting off an amusement ride; or
(E) leaving an amusement ride and still in the immediate vicinity of theride.
(2) "Patron" does not include employees, agents or servants of the ownerwhile engaged in the duties of their employment.
(j) "Person" means any individual, association,partnership, corporation,limited liability company, government or other entity.
(k) "Qualified inspector" means a person who holds acurrent certificationorother evidence of qualification to inspect amusement rides, issued by a programspecified by rules and regulations adopted under K.S.A. 2009 Supp. 44-1603, andamendmentsthereto.
(l) "Secretary" means the secretary of labor.
(m) "Serious injury" means an injury that results in:
(1) Death, dismemberment, significant disfigurement orpermanent loss of the use of a body organ, member, function orsystem;
(2) a compound fracture; or
(3) other significant injury or illness that requiresimmediate admission and overnight hospitalization and observationby a licensed physician.
(n) "Sign" means any symbol or language reasonablycalculated tocommunicate information to patrons or their parents or guardians, includingplacards, prerecorded messages, live public address, stickers, pictures,pictograms, guide books, brochures, videos, verbal information and visualsignals.
History: L. 2008, ch. 142, § 1;L. 2009, ch. 71, § 2; Jan. 1.