68-121-120 - Operation of amusement device Inspections Permit.
68-121-120. Operation of amusement device Inspections Permit.
(a) A person shall not operate an amusement device unless the owner has:
(1) The amusement device inspected at least once annually by a qualified inspector, whom the owner or an insurer has provided to perform the inspection, and obtains from the qualified inspector written documentation that the inspection has been made and that the amusement device meets American Society of Testing Materials (A.S.T.M.) standards and is covered by the insurance required by § 68-121-117(b); and
(2) Obtained an annual permit as required by § 68-121-117(a)(1).
(b) The inspection required pursuant to subdivision (a)(1) shall be conducted at a minimum to meet the manufacturer's or engineer's specifications and to follow the applicable A.S.T.M. standards.
(c) The commissioner may conduct a spot inspection of any amusement device without notice at any time while the amusement device is operating or will be operating in this state. The commissioner's designee may order temporary suspension of an operating permit if it has been determined after a spot inspection that an amusement device or devices are hazardous or unsafe. Operation of the amusement device shall not resume until the hazardous or unsafe condition has been corrected and subjected to reinspection by the commissioner for an inspection fee established by rule.
[Acts 2008, ch. 723, § 3.]