It is enacted by the General Assembly as follows
SECTION 1. Chapter 23-34 of the General Laws entitled "Amusement Ride Inspection and Insurance Act" is hereby repealed in its entirety.
{DEL23-34-1. Short title. -- DEL} {DEL This act may be cited as the
Amusement Ride Inspection and Insurance Act. DEL}
{DEL23-34-2. Definitions. -- DEL} {DEL As used in this act:
(1) "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 arenas, stadiums, theatres, and convention halls. This does not include enterprises principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.
(2) "Amusement ride" means any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course or within defined area, for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. DEL}
{DEL23-34-3. Affidavit of inspection and insurance. -- DEL} {DEL No
person shall operate an amusement ride or attraction unless that
person has filed with the city or town licensing authority an
affidavit that the ride or attraction has been inspected by a
qualified inspector of an insurance underwriter and that the owner or
operator has a current insurance policy in force written by an
insurance company authorized to do business within the state in an
amount of not less than five hundred thousand dollars ($500,000) per
occurrence or an aggregate of not less than one million dollars
($1,000,000) insuring the owner or operator against liability for
injury to persons arising out of the use of the amusement ride or
attraction. A yearly inspection shall be made and an affidavit
accompanied by an inspection form approved by the insurance
commissioner shall be filed prior to the first day of July of each
year. In the event the amusement ride or attraction is inspected by a
qualified inspector of an insurance underwriter more than once a year,
the affidavit shall be filed not later than fifteen (15) days after
each additional inspection. DEL}
{DEL23-34-4. Accident reports. -- DEL} {DEL Any time an owner or
operator submits an accident report to his or her insurance company, a
copy of those reports which involve physical injury to an individual
as a result of the operation of an amusement ride or the use of an
amusement attraction shall be sent to the city or town licensing
authority by owner or operator. The notice shall indicate the type of
amusement ride or attraction by which the injury occurred and the
nature of the injury. DEL}
{DEL23-34-5. Owners and operators may deny entry. -- DEL} {DEL The owner
or operator of every amusement ride or attraction may deny entry to
any person if in his or her opinion the entry may jeopardize the
safety of the person desiring entry or the safety of other patrons of
the amusement ride or attraction. DEL}
{DEL23-34-6. Exemptions. -- DEL} {DEL Nonmechanized playground equipment
including but not limited to: swings, seesaws, stationary
spring-mounted animal features, rider-propelled merry-go-rounds,
climbers, slides, trampolines, swinging gates, and physical fitness
devices except where an admission fee is charged for use or an
admission fee is charged to areas where such equipment is located are
exempt from the provisions of this chapter. DEL}
{DEL23-34-7. Injunctions and penalties. -- DEL} {DEL (a) The attorney
general and the city or town licensing authority or their agents are
hereby authorized to seek an injunction against the owner or operator
of any amusement ride or attraction being operated in violation of
this chapter.
(b) Any person who operates an amusement ride or attraction in violation of this chapter is guilty of a misdemeanor. Each day shall constitute a separate and distinct offense. DEL}
{DEL23-34-8. Severability. -- DEL} {DEL If any provisions or part
thereof of this act, or application thereof to any person or
circumstances, is held unconstitutional or otherwise invalid, the
remaining provisions of this act and the application of such
provisions to other than those to which it is held invalid shall not
be affected thereby. DEL}
SECTION 2. Title 23 of the General Laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:
{ADD 23-34.1-1. Short title. -- ADD} {ADD This chapter may be cited as the Amusement Ride Safety Act. ADD}
{ADD 23-34.1-2. Purpose. -- ADD} {ADD (1) The purpose of this chapter is to guard against personal injuries in the assembly, disassembly, and use of amusement devices, amusement attractions, and temporary structures at public fairs and expositions, carnivals, festivals, celebrations, bazaars, and permanent facilities. Such devices, attractions, and structures shall be designed, constructed, assembled or disassembled, maintained, and operated so as to prevent such injuries. ADD}
{ADD 23-34.1-3. Definitions. -- ADD} {ADD 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 arenas, stadiums, theatres, 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 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 rides, 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. ADD}{ADD 23-34.1-4. Inspection registration seal. -- ADD} {ADD 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 designee;
(5) The name of the manufacturer;
(6) The current yearly inspection sticker; and
(7) The permit number or certificate to operate number. ADD}
{ADD 23-34.1-5. Operation of amusement ride or device. -- Permits. -- ADD} {ADD (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 non resident 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. ADD}
{ADD 23-34.1-6. Amusement ride or device owner. -- Obligations. -- ADD} {ADD (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.
(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. ADD}
{ADD (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 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 rides and concessions are to be kept fifteen (15) feet away from electrical lines in any direction.
(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. ADD}
{ADD 23-34.1-7. Inspection of operations. -- ADD} {ADD (a) Each 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) 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) 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. ADD}
{ADD 23-34.1-8. Electrical equipment, service and permit. -- ADD} {ADD (a) All electrical equipment, wiring and installation shall comply with NFPA 70, National Electrical code, in effect at the time of the inspection.
(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.
(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. ADD}
{ADD 23-34.1-9. General set up requirements. -- ADD} {ADD (a) Blocking, when used, must be placed on a sound foundation. Concrete blocks, hollow blocks, hollow boxes or other hollow core items shall not be allowed. Cribbing and crossing of blocks is required, when stacking two (2) or more blocks.
(b) All passenger carrier and safety restraints must be in good, serviceable condition.
(c) All pins, bolts, and other fasteners must be safety locked with snap rings, cotter keys, or other type of locking device to keep the pins bolts, and other fasteners in their proper place. The pins must be in place and of proper size and type, as specified by the manufacturer. No nails, screws, or wire will be allowed.
(d) The rides must be operated within their manufacturer's specifications designated revolutions per minute rating with a balanced load and are not to be overloaded.
(e) Rides using gasoline fueled engines shall not be fueled while the engine is running or passengers are on the ride.
(f) Moving, or hot parts, including but not limited to, belts, chains, gears, shafts, knuckle joints, and exhaust pipes, that may be injurious to the public shall be effectively guarded to prevent contact. All electrical junction boxes must be locked or sealed and properly identified as such and have proper fencing around them.
(g) All rides shall have an approved and operable fire extinguisher within fifteen (15) feet of each ride operator, unless the local fire marshal requires additional extinguishers.
(h) Major rides are to be set up a minimum of twelve (12) feet apart between all moving parts, a minimum of six (6) feet between kiddie rides. The measurements shall be taken from any moving part. ADD}
{ADD 23-34.1-10. Ride or device operator. -- ADD} {ADD (a) The ride or device operator must be at least eighteen (18) years of age and be familiar with the proper operation of the individual ride, safety precautions for each ride and shut off control procedures, provided however, that the operator of a nonmechanical ride which has no moving parts must be at least sixteen (16) years of age.
(b) The ride or device operator shall not be under the influence of alcohol, drugs, or both, while performing operator duties.
(c) All safety requirements pertaining to the operation of the ride or device outlined by the manufacturer must be followed. The commissioner shall ensure that all requirements are in compliance with the life safety code. ADD}
{ADD 23-34.1-11. Reporting of serious injuries or deaths occurring in connection with operation of rides or attraction. -- ADD} {ADD (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.ADD}
{ADD 23-34.1-12. Annual registration and operating fees. -- ADD} {ADD (a) There shall be an annual registration fee of fifty dollars ($50.00) per ride for which an annual inspection registration seal shall be provided upon certification that such ride meets the safety requirements as determined by a qualified licensed engineer. There is no fee for initial site inspections however, if the inspector is required to return to the site to re-inspect a ride, there shall be an abatement fee of twenty-five dollars ($25.00) per ride. If an inspector is required to remain on site beyond his or her normal business hours, the licensee shall pay any additional costs incurred by the state including overtime wages.ADD}
{ADD 23-34.1-13. Insurance. -- ADD} {ADD A person may not operate an amusement device or amusement attraction unless at the time of operation there is in existence:
(1) An insurance policy in an amount of not less than one million dollars ($1,000,000) per occurrence insuring the owner or lessee against liability for injury to persons arising out of the use of the amusement device or amusement attraction; or
(2) A bond in a like amount; however, the aggregate liability of the surety under such bond shall not exceed the face amount thereof.
The policy or bond shall be procured from one or more insurers or sureties licensed to transact business in this state or approved as surplus lines insurers. Proof of insurance or bond must be presented to the department in order to obtain a permit. ADD}
{ADD 23-34.1-14. Secretary of state to be attorney of nonresident owners of amusements. -- ADD} {ADD No certificate to operate or operation permit shall be issued under the provisions of this chapter to any owner not a resident of this state until such owner has appointed, in writing, the secretary of state and his or her successors in office to be his or her attorney, upon whom all process in any action or proceeding against him or her may be served; and in such writing such owner shall agree that any process against him or her which is served on said secretary shall be of the same legal force and validity as if served on the owner, and that such appointment shall continue in force as long as any liability remains outstanding against the owner in this state. Such written appointment shall be acknowledged before some other officer authorized to take acknowledgements of deeds and shall be filed in the office of said secretary, and copies certified by him or her shall be sufficient evidence of such appointment and agreement. Service upon said attorney shall be sufficient service upon the principal, and shall be made by leaving an attested copy of the process with the secretary of the state at his or her office or with any clerk having charge of the corporation department of said office. When legal process against any owner mentioned in this section is served upon the secretary of the state, he or she shall immediately notify such owner thereof by mail and shall, within two (2) days after such service, forward in the same manner a copy of the process served on him or her to such owner or to any person designated in writing by such owner. The plaintiff in the process so served shall pay to the secretary, at the time of the service, a fee of one and one-half dollars ($1.50) for each page, and in no case less than five dollars ($5.00), which shall be recovered by him or her as part of his taxable costs if he or she prevails in such suit. The secretary shall keep a record of all process served upon him or her which shall show the day and hour when such service was made. ADD}
{ADD 23-34.1-15. Penalty. -- ADD} {ADD (a) Any violation of the provision of this chapter shall result in a revocation of the permit or certificate to operate, or both until all violations are abated.
(b) Any person who willfully violates the provision of this chapter, or any order or regulation made pursuant to the provisions thereof shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than one (1) year or both. ADD}
{ADD 23-34.1-16. Exemption -- Bazaars, fairs and circuses. -- ADD} {ADD (a) Bazaars, fairs, and circuses shall not be inspected under these regulations unless, and only to the extent that such bazaars, fairs and circuses have amusement rides or devices associated with them. When a bazaar, fair or circus contains any amusement ride or device, the provisions of this chapter concerning carnivals shall apply. ADD}
{ADD 23-34.1-17. Advisory committee. -- ADD} {ADD To assist in the adoption of rules and regulations with regard to the operation of amusement rides and devices, there is hereby created an amusement ride advisory committee. The committee shall consist of seven (7) members, one (1) of whom shall be a carnival owner, one (1) of whom shall be a member of the amusement ride industry, one (1) of whom shall be a structural engineer, one (1) of whom shall be the state building commissioner or his or her designee, one (1) of whom shall be a mechanical engineer, one (1) of whom shall be the state fire marshall or his or her designee, and one (1) of whom shall be a citizen of the state of Rhode Island, all members to be appointed by the governor for a three (3) year term, and to meet on a quarterly basis or as needed by the commissioner in furtherance of the provision of this chapter. ADD}
{ADD 23-34.1-18. Appointment of inspectors - Qualifications. -- ADD} {ADD (a) The advisory committee shall establish procedures for the appointment of authorized inspectors in addition to the following:
(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 one (1) through three (3) of this section, but shall still be required to pay the annual registration fee. ADD}
SECTION 3. This act shall take effect January 1, 1998.
