68-121-118 - Responsibilities of operator of amusement device Report of fatalities, physical injuries or incidents Inspections.
68-121-118. Responsibilities of operator of amusement device Report of fatalities, physical injuries or incidents Inspections.
The operator of an amusement device shall immediately cease to operate any amusement device upon which a fatality, serious physical injury or serious incident has occurred. An owner shall report any accident involving serious physical injury resulting from the operation of an amusement device to the commissioner, either orally or in writing, within twenty-four (24) hours and contact a qualified inspector from the list maintained by the commissioner pursuant to § 68-121-119. The cessation shall remain in force until an inspection has been performed by a qualified inspector and the inspector has determined that the amusement device or related equipment is safe for public use. The qualified inspector shall initiate the inspection within twenty-four (24) hours of receipt of the report of a fatality, serious physical injury or serious incident caused by the operation of an amusement device and shall perform the inspection in a manner that proceeds with all practicable speed and minimizes the disruption of the remainder of the amusement devices at the site where the amusement device is located, as well as unrelated commercial activities. The cost of any such inspection shall be paid for by the owner of the amusement device. The inspection may be completed immediately following the reasonable determination by a qualified inspector that a principal cause of the serious physical injury was the victim's failure to comply with the posted safety rules or with verbal instructions. In the event that a qualified inspector does not initiate an inspection within twenty-four (24) hours from the time the inspection was requested by the owner of the amusement device, the owner and operator may presume the amusement device can reopen. This does not preclude an inspection from occurring at a later date.
[Acts 2008, ch. 723, § 3.]