§ 23-89-506 — Inspections and fees

(a) (1) The Director of the Division of Labor is authorized to inspect each person or entity to ensure compliance with this subchapter. (2) Two (2) times per calendar year, the director shall inspect all permanently placed operational amusement rides or amusement attractions located in this state being operated for profit or charity. (3) All portable amusement rides or amusement attractions shall be inspected by the director every time they are moved to a new location in Arkansas and before they are permitted to commence operation or open to the public. (4) (A) Inflatable attractions, self-contained mobile playgrounds, artificial climbing walls, and other patron-propelled amusement rides or amusement attractions shall be inspected annually, unless a more frequent schedule of inspections is established by rules of the director for certain types of inflatable attractions and self-contained mobile playgrounds. (B) Self-contained mobile playgrounds, artificial climbing walls, and other patron-propelled amusement rides or amusement attractions shall be inspected pursuant to subdivision (a)(4)(A) of this section only if such playgrounds contain no mechanical or electrical parts, structures, or additions such as blowers or lights. (C) The director may determine by rule which other portable amusement ride or amusement attraction is sufficiently safe to justify inspection only one (1) time each six (6) months. (b) The director is authorized to make an inspection on an emergency basis when notification pursuant to this subchapter is made less than four (4) days, excluding Saturdays, Sundays, and legal holidays, prior to the date of the operation of the facility, if he or she determines that the owner or operator could not have reasonably known of the proposed operation prior to the four-day period and that the owner or operator meets all other requirements for operation in this state. (c) If the director or an authorized employee of the Division of Labor finds that any amusement ride or amusement attraction is defective in a manner affecting patron safety or unsafe, he or she shall attach to the amusement ride or amusement attraction a notice and order prohibiting its use or operation. Operation of the amusement ride shall not resume until the unsafe or hazardous condition is corrected and the director or his or her authorized representative permits such an operation. (d) Any inspector certified pursuant to the requirements of this subchapter who, upon inspection of an amusement ride or amusement attraction, finds the amusement ride or amusement attraction to be defective or unsafe shall immediately report the amusement ride or amusement attraction and its condition to the division. (e) The director shall charge a fee to be paid by the owner of any amusement ride or amusement attraction for all amusement ride safety inspections performed by any employee of the division. Such fees shall be as follows: (1) For one (1) to five (5) amusement rides or amusement attractions, one hundred dollars ($100); (2) For six (6) to fifteen (15) amusement rides or amusement attractions, two hundred dollars ($200); (3) For sixteen (16) to twenty-five (25) amusement rides or amusement attractions, three hundred dollars ($300); (4) For twenty-six (26) to thirty-five (35) amusement rides or amusement attractions, four hundred dollars ($400); and (5) For thirty-six (36) and more amusement rides or amusement attractions, six hundred dollars ($600). (f) The director is authorized by rule to implement an inspection fee waiver program for the benefit of a county fair association, provided that: (1) The county's population is under fifteen thousand (15,000) based on United States Bureau of the Census estimates as of July 1, 1999; and (2) The county fair association can demonstrate that it would be unable to obtain a carnival for its county fair without such a waiver.

Legislative History

Amended by Act 2019, No. 315,§ 2764, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2763, eff. 7/24/2019. Amended by Act 2019, No. 585,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5510, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5509, eff. 7/1/2019. Amended by Act 2013, No. 540,§ 1, eff. 8/16/2013. Acts 1983, No. 837, § 6; A.S.A. 1947, § 66-5906; Acts 1987, No. 839, § 3; 1995, No. 631, § 4; 2001, No. 1365, § 4; 2005, No. 924, § 2.