316.209. Operation of ride to cease, when--notification of serious incident to fire marshal--inspection, costs.
Operation of ride to cease, when--notification of serious incident tofire marshal--inspection, costs.
316.209. The operator of an amusement ride shall immediately cease tooperate any ride upon which a fatality, serious physical injury or seriousincident has occurred. The owner of such amusement ride shall immediatelynotify the office of the state fire marshal of such accident. Thecessation shall remain in force until the department has performed aninspection of any such amusement ride or equipment and has determined thatthe ride or related equipment is safe for public use. The department shallcause such inspection to be initiated within twenty-four hours of receiptof the report of a fatality, serious physical injury or serious incidentcaused by the operation of an amusement ride and shall perform theinspection in a manner that proceeds with all practicable speed andminimizes the disruption of the amusement facility at which the amusementride is located, as well as unrelated commercial activities. Suchinspection shall be performed by a qualified inspector employed by thedepartment either directly or through contract. The cost of any suchinspection shall be paid for by the owner of the amusement ride. Suchinspections may be completed immediately following the reasonabledetermination by the qualified inspector or by the director's designee thata principal cause of the serious physical injury was the victim's failureto comply with the posted safety rules or with verbal instructions.
(L. 1997 H.B. 276 § 4, A.L. 2000 H.B. 1434)Effective 1-1-01