SECTION 1. Sections 23-34.1-3, 23-34.1-4, 23-34.1-5, 23-34.1-6, 23-34.1-7, 23-34.1-8, 23-34.1-11 and 23-34.1-18 of the General Laws in Chapter 23-34.1 entitled "Amusement Ride Safety Act" are hereby amended to read as follows:

23-34.1-3. Definitions. -- As used in this chapter:

"Altered ride" means a ride or device that has been altered with the approval of the manufacturer.

"Amusement attraction" means any building or structure around, over, or through which persons may move to walk, without the aid of any moving device integral to the building or structure, which provides amusement, pleasure, thrills, or excitement. Excluded are air structures ("moonwalks"), arenas, stadiums, theatres, nonmechanical amusement structures commonly located in or around day care centers, schools, commercial establishments, malls, fast food restaurants, and convention halls. This does not include enterprises principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.

"Amusement ride" means any mechanical device which carries, suspends or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area, for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. For the purposes of this act, any dry slide over twenty (20) feet in height is also included. This term shall not include hayrides (whether pulled by motor vehicle or horse), any coin-operated ride that is manually, mechanically or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator or nonmechanical devices with nonmoving parts, including, but not limited to, walk-through ride amusement attractions, slides, and air structures ("moonwalks").

"Bazaar" means an enterprise principally devoted to the exhibition of products of crafts and art, to which the operation of amusement rides or devices or concession booths is an adjunct.

"Carnival" means a transient enterprise offering amusement or entertainment to the public in, upon or by means of amusement devices, rides or concession booths.

"Certificate to operate" means that document which indicates that the temporary amusement device has undergone the inspection required after setup. It shall show the date of inspection, the location of the inspection, the name of the inspector, and the maximum amount of weight allowed per car or rideable unit.

"Commissioner" means the state building commissioner.

"Department" means the department of administration.

"Director" means the director of the department of administration.

"Fair" means an enterprise principally devoted to the exhibition of products of agriculture or industry, to which the operation of amusement rides or devices or concession booths is an adjunct.

"Home-made ride or device" means a ride or device that was not manufactured by a recognized ride or device manufacturer or any ride or device which has been substantially altered without the approval of the manufacturer.

"Inspection" means the physical examination of an amusement ride or device made by the commissioner, or his authorized representative, prior to operating the amusement device for the purpose of approving the application for a license.

"Inspector" means a person who is trained in mechanical and structural engineering and who has demonstrated a thorough knowledge of the requirements of the American Welding Society as pertains to welding of parts, and the requirements of the NFPA 70, National Electrical Code by passing in a satisfactory manner such examination as the director may require. Inspectors shall also present satisfactory evidence of graduation from a school offering a program of study in amusement ride assembly and inspection.

"Kiddie ride" means a device designed primarily to carry a specific number of children in a fixture suitable for conveying children up to forty-two inches (42") in height or ride manufacturer specifications.

"Major alteration" means a change in the type, capacity, structure or mechanism of an amusement device. This includes any change that would require approval of the ride manufacturer or an engineer.

"Major ride" means a device designed to carry a specific maximum number of passengers, adults and children, in a fixture suitable for conveying persons.

"Manager" means a person having possession, custody, or managerial control of an amusement device, amusement attraction, or temporary structure, whether as owner, lessee, or agent or otherwise.

"Owner" means the person or persons holding title to, or having possession or control of the amusement ride or device or concession booth.

"Permanent amusement ride" means an amusement ride which is erected to remain a lasting part of the premises.

"Permit" means that document which signifies that the amusement device or amusement attraction has undergone and passed its annual inspection. The department shall affix a decal which clearly shows the month and year of expiration.

"Qualified licensed engineer" means a licensed mechanical engineer who has at least five (5) years of experience in his or her field and has experience in amusement ride inspection.

"Reinspection" means an inspection which is made at any time after the initial inspection.

"Repair" means to restore an amusement ride to a condition equal to or better than the original design specifications.

"Ride file jacket" means a file concerning an individual amusement ride or device which contains nondestructive test reports on the testing firm's official letterhead; the name of the ride, the manufacturer and date of manufacture; maintenance records; records of any alterations; ride serial number; daily check lists and engineer's reports and proof of insurance. Non-destructive test reports shall not be required on any rides which are nonmechanical and which are not provided by the manufacturer with said amusement ride.

"Ride operator" means the person in charge of an amusement ride or device and who causes the amusement ride or device to operate.

"Serious injury" means an injury requiring a minimum of one overnight stay in a hospital for treatment or observation.

"Stop order" means any order issued by an inspector for the temporary cessation of a ride or device.

"Temporary amusement device" means a device which is used as an amusement device or amusement attraction that is regularly relocated from time to time, with or without disassembly.

23-34.1-4. Inspection registration seal. -- No amusement ride or device shall be placed in service unless an inspection registration seal of the commissioner is affixed thereto by the administrator or his/her agent. The inspection registration seal shall contain:

(1) The name of the owner of the ride;

(2) The serial number of the ride;

(3) The year of manufacture;

(4) The identification number established by the commissioner or his or her designee;

(5) The name of the manufacturer;

(6) The current yearly inspection sticker; and

(7) The permit number or certificate to operate number.

23-34.1-5. Operation of amusement ride or device -- Permits. -- (a) A permanent amusement device or amusement attraction may not be operated in the state without a permit issued by the department. Temporary amusement devices and amusement attractions must also have a certificate to operate. The permits and certificates are not transferable, and if any permit holder voluntarily discontinues operation of the amusement device or amusement attraction, all rights secured under the permit are terminated.

(1) Before commencement of the operation of a permanent or temporary amusement device or amusement attraction, the owner shall make written application to the department for a permit to operate. A permit shall be issued to any owner who presents to the department a certificate issued by a qualified licensed professional engineer that the amusement attraction or amusement ride has undergone and passed its annual inspection. Permanent amusement rides shall be inspected one (1) time per year. The permit shall be valid for a period of one (1) year. A certificate issued by a nonresident qualified licensed professional engineer may be accepted if the applicant pays a processing fee of one-hundred ($100) dollars.

(2) A temporary amusement device or amusement attraction, upon first entry into the state, must be inspected by the department for the permit to be issued. Thereafter, it must be inspected at least annually by a professional engineer, or other qualified inspector, each of whom must be approved by the department. The inspection shall at a minimum comply with the requirements of the American Society for Testing and Materials (ASTM Committee F-24 on amusement rides and devices). An affidavit of the annual inspection must be filed with the department.

(b) All amusement rides and devices within a carnival shall be inspected in a disassembled configuration by an engineer prior to the initial operation of each such amusement ride or device.

(c) Additional inspections in either a disassembled or assembled configuration shall be conducted if evidence of a dangerous or defective condition is presented to the commissioner.

Before commencement of the operation of a permanent amusement device or amusement attraction, the owner shall make written application to the department for a permit to operate. A permit shall be issued to any owner who presents to the department a certificate issued by a qualified inspector that the amusement attraction or amusement ride has undergone and passed its annual inspection. Permanent amusement rides/devices shall be inspected one (1) time per year by a qualified inspector. The permit shall be valid for a period of one (1) year. In order to perform the above inspection, the ride or device shall be disassembled only to the extent that will make every connection (either welded or bolted), accessible for thorough inspection. The inspection shall at a minimum comply with the requirements of the American Society for Testing and Materials (ASTM Committee F-24 on amusement rides and devices). An affidavit of the annual disassembled ride inspection, must be filed with the department.

(2) A temporary amusement device or amusement attraction, upon first entry into the state, must be inspected by the department for the permit to be issued. Additionally, it must be inspected at least annually by a professional engineer, or other qualified inspector, each of whom must be approved by the department. The inspection shall at a minimum comply with the requirements of the American Society for Testing and Materials (ASTM Committee F-24 on amusement rides and devices). An affidavit of the annual inspection must be filed with the department.

(b) Additional inspections in either a disassembled or assembled configuration shall be conducted if evidence of a dangerous or defective condition is presented to the commissioner.

(c) For the purposes of this chapter the term "qualified inspector" shall have the meaning attributed to an inspector who possesses the qualifications set forth in section 23-34.1-18.

23-34.1-6. Amusement ride or device owner -- Obligations. -- (a) If an amusement ride or device is materially rebuilt or so modified as to change its original action, it shall be re-identified by a different name or identification number or both and a different serial number.

(b) Repairs will be carried out in accordance with the manufacturer's instructions and shall utilize replacement parts which meet or exceed original equipment specifications.

(c) It shall be the responsibility of the amusement ride or device owner to obtain all safety alert or maintenance bulletins and strictly adhere to the manufacturer's requirements.

(d) The owner must maintain an up-to-date ride file jacket.

(e) All major alterations or other modifications must be submitted in writing to the manufacturer or an approved engineer for review. The manufacturer's or engineer's comments must be kept in the ride file jacket.

(f) The assembly and disassembly of an amusement ride or device shall be done by or under the immediate supervision of a person experienced in the proper performance of such work in respect to the ride or device.

(g) Parts shall be properly aligned and shall not be bent, distorted, cut, omitted or otherwise deformed to force them into place. Parts requiring lubrication shall be relubricated in the course of assembly. Fastening and locking devices such as bolts, cap screws, cotter pins and lock washers shall be installed where required. Nuts and lock nuts shall be firmly set. Welding of parts upon which safe operation depends shall be done by welders certified in accordance with the requirements of the American Welding Society. Any work performed by a welder shall be noted in the ride record and filed in the ride file jacket.

(h) Tools and equipment used in the assembly or disassembly of amusement rides or devices shall be of proper size and design to enable the work to be done safely and properly.

(i) Daily inspection of amusement rides or devices shall be required prior to the ride or device carrying passengers. The inspection shall be made by the owner or his or her agent. The inspection shall include the operation of control devices, speed-limiting devices, brakes and other equipment provided for safety (i.e. pins, bolts, keys, and other fasteners). Prior to carrying passengers, the ride or device shall be operated for a minimum of one (1) complete operating cycle. A record of each inspection shall be filed in the ride file jacket.

(j) All power transmission devices and associated moving parts shall be shielded, enclosed or barricaded to protect the public.

(k) Hydraulic systems shall be checked for leaks, damaged pipes and worn or deteriorated hoses. Only manufacturer approved hydraulic fluid shall be used.

(l) Pressure relief valves or devices, including, but not limited to, compressed air and gas devices, shall be tested on a weekly basis to insure that they operate properly.

(m) All fabrics constituting part of an amusement ride or device shall meet the requirements of the small-scale test contained in NFPA 701, Standard Methods of Fire Tests for Flame-Resistant Textiles and Films.

(n) Storage and use of flammable liquids and gases shall comply with the requirements of the regulations of the division concerning flammable and combustible liquids.

(o) In all locations where vehicles and persons may travel, electrical cables shall be protected with conduit, planks or other approved methods such as matting or trenching.

(p) Each electrically operated amusement ride or device shall be provided with a properly labeled disconnect power switch placed within reach of the operator.

(q) Safe and adequate means of access to and egress from amusement rides or devices shall be provided. All passageways shall be free from debris, obstructions, projections and other hazards. All surfaces shall be such as to prevent slipping and tipping. The width of passageways shall not be less than the width of exit doors or stairs to which they lead.

(r) All amusement rides or devices shall be required to be fenced for the protection of passengers, spectators and workers in compliance with ASTM F-24 Committee guidelines.

(s) The Amusement rides and concessions attractions are to be kept fifteen (15) feet away from electrical lines in any direction as specified in the National Electric Code, Section 525-12.

(t) The interior and exterior parts of all passenger-carrying amusement devices or amusement attractions with which a passenger may come in contact shall be smooth and rounded and free from sharp, rough, or splintered edges and corners, with no projecting studs, bolts, screws, or other projections which might cause injury. Interior parts upon or against which a passenger may be forcibly thrown by the action of the amusement device or amusement attraction shall be adequately padded.

23-34.1-7. Inspection of operations. -- (a) Each permanent or temporary device shall be inspected and tested by the department each season before operation so as to test the full operation of all control devices, speed-limiting devices, brakes, and other equipment provided for safety before a permit is issued. A copy of the inspection report shall be on file in the office of the manager of the fair or coordinator of the event before the ride is opened to the public.

(b) Each temporary major amusement device or amusement attraction must be inspected upon setup at each location by the department. The temporary major amusement device or amusement attraction shall not be permitted to operate unless the inspection has taken place. The owner or operator of the amusement ride shall be responsible for arranging or requesting the inspection at each location by contacting the department at least seven (7) fourteen (14) business days prior to the arrival of said amusement ride at said location, provided, however, that if the department does not schedule an inspection within said seven (7) fourteen (14) day period, the owner shall be allowed to operate said amusement ride pending said inspection, provided that the owner has an inspection scheduled and has a valid permit.

(c) The manager of a temporary major amusement device or amusement attraction must visually inspect the device daily. This inspection shall be recorded daily on a form approved by the American Society of Mechanical Engineers (ASME) and/or the ASTM-F24. The last fourteen (14) daily forms must be kept with the temporary major amusement device or amusement attraction. A copy of the inspection report shall be on file in the office of the manager of the fair or coordinator of the event before the ride is opened to the public.

(d) Upon proper presentation of credentials, an authorized employee of the department may enter unannounced and inspect amusement devices at any time and in a reasonable manner and shall have the right to question any owner, manager, or agent of the owner; to inspect, investigate, photograph, and sample all pertinent places, areas, and devices; and to examine and reproduce all file jackets and proof of insurance for the purpose of enforcing the provisions of this chapter. A fee may not be charged for these unannounced inspections.

(e) An amusement device or an amusement attraction which fails to pass an inspection may not be operated for public use until it has passed a subsequent inspection. If an inspector finds that an amusement ride has been involved in or is likely to become involved in an incident, failure or malfunction which, in his or her judgment, seriously affects the continued operation 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 or device until the device is made safe for operation in conformity with ASTM committee F-24 standards. Such an order shall only be removed by the commissioner, his or her designee or by court order.

23-34.1-8. Electrical equipment, service and permit. -- (a) All electrical equipment, wiring and installation shall comply with NFPA 70, National Electrical code, in effect at the time of the inspection State Electric Code, SBC-5.

(b) It shall be the responsibility of the owner or manager of the amusement company to obtain written approval of the electrical service and equipment hookup from the building officials of the town in which the amusement is located prior to the licensing inspection. The electrical permit application shall be submitted to the town at least fourteen (14) days prior to the scheduled arrival of the amusement device(s) to the location designated for operation within a carnival.

(c) In the event that the building official is unavailable to inspect the electrical service and equipment hookup, the following emergency provisions shall apply:

(1) The owner or manager of the amusement company must obtain a certification from a Class A electrical contractor that the electrical service and equipment hookup complies with the standards set forth in subsection (a) of this section.

(2) The certifying electrician shall not be the person or a person, from the same firm, who installed the electrical service or equipment hookup.

(1) The building official in the town shall contact building officials in neighboring towns to arrange for an inspection.

(2) In the event that an inspection by local government was not possible to arrange, the owner or manager of the amusement company must obtain a certification from a class A electrical contractor that the electrical service and equipment hookup complies with the standards set forth in subsection (a) of this section; and

(3) The certifying electrician shall not be the person or a person, from the same firm, who installed the electrical service or equipment hookup.

23-34.1-11. Reporting of serious injuries or deaths occurring in connection with operation of rides or attraction. -- Reporting of serious injuries or deaths occurring in connection with operation of rides or attractions. -- (a) When any serious injury or any death occurs in connection with the operation of any amusement ride or attraction, the owner of such ride or attraction shall immediately report the serious injury or death to the commissioner or his/her designee. Within twenty-four (24) hours after receipt of any such report, the commissioner or his/her designee shall cause an investigation of the occurrence and an inspection of the ride or attraction to determine the cause of such serious injury or death. The commissioner or his/her designee may enter into any place or upon any premises so licensed in furtherance of such investigation and inspection. Unless otherwise authorized by the director, no amusement ride or attraction subject to the provisions of this chapter may be operated or altered nor shall it be removed from the location where such serious injury or death occurred until after completion of the inspection. If the commissioner requires that the ride or attraction remain at the site, he or she shall given written notice to that further investigation is required to the owner of such ride or attraction. Notice shall also be provided to the owner of the site. In the event of death, the state shall secure the accident site and provide continuous security of the site until the commissioner, or his or her designee concludes its investigation.

23-34.1-18. Appointment of inspectors -- Qualifications. -- (a) The advisory committee shall establish procedures for the appointment of authorized inspectors in addition to at least one (1) of the following requirements:

(1) Written examinations shall be held twice each year at such times and in such places as the advisory committee shall determine. The examination shall test an applicant's knowledge of the requirements of the American Welding Society, as pertains to welding of parts and the requirements of NFPA 70, National Electrical Code. It shall also include the basic principles of mechanical and structural engineering and shall test the applicant's ability to properly evaluate an amusement ride or device to determine its conformance with ASTM committee F-24 standards;

(2) The passing grade on any examination shall be not less than seventy percent (70%);

(3) The applicant shall pay an examination fee of one hundred dollars ($100.00);

(b) All applicants who pass said examination and who present proof of satisfactory evidence of graduation from a school offering a program of study in amusement ride assembly and inspection, and who shall pay an annual registration fee of one hundred dollars ($100.00), shall be placed on a rotating list of qualified inspectors.

(c) Any person who is a licensed mechanical or structural engineer or who has at least ten (10) years of work experience in the field of amusement ride assembly and inspection and repair shall be exempt from the examination requirements of subsections (a)(1) -- (a)(3) of this section, but shall still be required to pay the annual registration fee.

(1) Applicants must have at least ten (10) years of work experience in the field of amusement ride assembly, repair and inspection including proven work experience in the enforcement of the welding and electric codes.

(2) Applicants who present proof of satisfactory evidence of graduation from a school offering a program of study in amusement ride assembly and inspection, must also be certified by the National Association of Amusement Ride Safety Officials (NAARSO), as Level II amusement ride safety inspectors.

(3) Applicants must be registered as licensed mechanical or structural engineers.

(b) All applicants who satisfy at least one (1) of the above three (3) requirements of subsections (a)(1) - (a)(3), and who shall pay an annual registration fee of one hundred dollars ($100), shall be placed on a rotating list of qualified inspectors.

SECTION 2. This act shall take effect on September 1, 2002.