§ 29-136 — Investigation and inspection. Reporting of serious injury or death. Signs required. Alternate compliance. Regulations.

Connecticut § 29-136

• Jurisdiction: Connecticut
• Title 29: Public Safety and State Police
• Ch. 532: Amusements and Exhibitions

Text

(a) Upon receipt of an application for an amusement license, the Commissioner of Consumer Protection or the commissioner's designee shall investigate and, in accordance with the frequency schedule adopted in regulations by the commissioner pursuant to subsection (e) of this section, inspect in full the location, equipment, paraphernalia, mechanical amusement rides and devices in respect to such amusement and all other matters relating thereto and shall determine whether or not such amusement will be reasonably safe for public attendance and may make reasonable orders concerning alterations, additions or betterments to the equipment, paraphernalia, mechanical amusement rides and devices, and concerning the character and arrangement of the seating, means of egress, lighting, fire-fighting appliances, fire and police protection and such other provisions as shall make the amusement reasonably safe against both fire and casualty hazards. (b) When any serious physical injury, as defined in subdivision (4) of section 53a-3 , or death occurs in connection with the operation of any amusement ride or device, the owner of such ride or device shall, within four hours after such occurrence, report the injury or death to the commissioner or the commissioner's designee. Not later than four hours after receipt of any such report, the commissioner or the commissioner's designee shall cause an investigation of the occurrence and an inspection of the ride or device to determine the cause of such serious physical injury or death. The commissioner or the commissioner's designee may enter into any place or upon any premises so licensed in furtherance of such investigation and inspection. Unless otherwise authorized by the commissioner, no amusement ride or device subject to the provisions of this chapter may be operated or altered nor shall it be removed from the location where such injury or death occurred for seventy-two hours after the time of the receipt of the report. (c) The owner of an amusement ride or device shall display signs, in accordance with the patron safety regulations adopted by the commissioner pursuant to subsection (e) of this section, on which is written, at a minimum, the following statement, in letters at least two inches in height: “State law requires patrons to obey all posted signs, warnings and instructions and to behave in a manner that will not cause or contribute to the injury of themselves or others. Injured patrons or their adult guardians must report all injuries to management before leaving. Disorderly conduct is punishable by up to a five-hundred-dollar fine and up to three months imprisonment.”. Such signs shall be posted in accordance with the patron safety regulations adopted by the commissioner pursuant to subsection (e) of this section and at any station for reporting an injury, any first aid station and either (1) the entrance or exit to or from the premises designated for patrons, or (2) any area or structure where patrons may purchase admission or receive authorization to use an amusement ride or device. (d) The Commissioner of Consumer Protection may grant variations from, or approve equivalent or alternate compliance with, particular provisions of this section or any regulation adopted under the provisions of subsection (e) of this section where strict compliance with such provisions would result in exceptional practical difficulty or undue hardship, provided any such variation or approved equivalent or alternate compliance shall, in the opinion of the Commissioner of Consumer Protection, secure the public safety. (e) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of this section.

Legislative History

(1949 Rev., S. 3722; 1961, P.A. 181; P.A. 85-101; P.A. 90-9, S. 1, 2; June Sp. Sess. P.A. 98-1, S. 57, 121; P.A. 06-42, S. 2; P.A. 07-246, S. 6; P.A. 11-51, S. 174.) History: 1961 act added mechanical amusement rides and authorized issuance of orders for fire protection; P.A. 85-101 added Subsecs. (b) and (c) requiring owners of amusement rides or devices to report any serious physical injury or death occurring in connection with the operation of any ride or device and permitting the commissioner to adopt regulations to carry out the provisions of section; P.A. 90-9 amended Subsec. (b) to require owner of ride or device to report an injury or death within 4 hours thereafter, instead of within 24 hours, and to prohibit operation, alteration or removal of ride or device for 72 hours after receipt of report in lieu of 24 hours thereafter; June Sp. Sess. P.A. 98-1 made technical changes in Subsec. (a), effective June 24, 1998; P.A. 06-42 inserted “or the commissioner's designee” in Subsec. (a), made technical changes in Subsecs. (a) and (b), added new Subsec. (c) re variations and alternate compliance, and redesignated existing Subsec. (c) as Subsec. (d); P.A. 07-246 amended Subsec. (a) to add provision requiring inspections in accordance with schedule adopted in regulations, added new Subsec. (c) re display of signs, redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e) and amended Subsec. (e) to make adoption of regulations mandatory; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Consumer Protection”, effective July 1, 2011.