§ 23-34.1-7 - Inspection of operations.
SECTION 23-34.1-7
§ 23-34.1-7 Inspection of operations.– (a) Each permanent or temporary device shall be inspected and tested by thedepartment each season before operation so as to test the full operation of allcontrol devices, speed-limiting devices, brakes, and other equipment providedfor safety before a permit is issued. A copy of the inspection report shall beon file in the office of the manager of the fair or coordinator of the eventbefore the ride is opened to the public.
(b) Each temporary major amusement device or amusementattraction must be inspected upon setup at each location by the department. Thetemporary major amusement device or amusement attraction shall not be permittedto operate unless the inspection has taken place. The owner or operator of theamusement ride shall be responsible for arranging or requesting the inspectionat each location by contacting the department at least fourteen (14) businessdays prior to the arrival of the amusement ride at the location; provided,however, that if the department does not schedule an inspection within thefourteen (14) day period, the owner shall be allowed to operate the amusementride pending the inspection, provided that the owner has an inspectionscheduled and has a valid permit.
(c) The manager of a temporary major amusement device oramusement attraction must visually inspect the device daily. This inspectionshall be recorded daily on a form approved by the American Society ofMechanical Engineers (ASME) and/or the ASTM-F24. The last fourteen (14) dailyforms must be kept with the temporary major amusement device or amusementattraction. A copy of the inspection report shall be on file in the office ofthe manager of the fair or coordinator of the event before the ride is openedto the public.
(d) Upon proper presentation of credentials, an authorizedemployee of the department may enter unannounced and inspect amusement devicesat any time and in a reasonable manner and shall have the right to question anyowner, manager, or agent of the owner; to inspect, investigate, photograph, andsample all pertinent places, areas, and devices; and to examine and reproduceall file jackets and proof of insurance for the purpose of enforcing theprovisions of this chapter. A fee may not be charged for these unannouncedinspections.
(e) An amusement device or an amusement attraction whichfails to pass an inspection may not be operated for public use until it haspassed a subsequent inspection. If an inspector finds that an amusement ridehas been involved in or is likely to become involved in an incident, failure ormalfunction which, in his or her judgment, seriously affects the continuedoperation of the ride or device, in a manner which is unsafe to the public,then he or she shall issue an order prohibiting the operation of said ride ordevice until the device is made safe for operation in conformity with ASTMcommittee F-24 standards. Such an order shall only be removed by thecommissioner, his or her designee or by court order.