§ 870-E — Inspections

§ 870-e. Inspections. Before a permit may be issued as provided in\nsection eight hundred seventy-d of this article, an inspection of the\namusement device, viewing stand or tent shall be made in compliance with\nthe procedures set by the commissioner. Such inspection shall have been\nconducted within one year prior to the permit application, unless such\nperiod shall have been extended by operation of subdivision four of this\nsection.\n 1. In the case of a permanent device, viewing stand or tent, the\namusement device, viewing stand or tent must be inspected by the\ncommissioner or his authorized representative, or in the city of New\nYork, by the building department, at the time of application for the\ninitial permit. In the case of an amusement device deemed by the\ncommissioner to normally be operated at speeds or with movements\ncreating severe centrifugal forces, the owner or operator making the\npermit application for such device shall have available for inspection\nsuch recommended maintenance and safety schedules or requirements as are\nsupplied by the manufacturer of the device. An initial operating permit\nshall not be granted in the absence of these documents. Thereafter, the\namusement device, viewing stand or tent must be inspected at least\nannually by a licensed architect, professional engineer, qualified\ninspector of an insurance underwriter, or an inspector approved by the\ncommissioner as a requirement for the issuance of each subsequent\npermit. Such inspection shall at minimum comply with the requirements of\nthe commissioner, provided that for amusement devices, at the time of\neach such annual inspection, the owner or operator of such device shall\nhave available for inspection such recommended maintenance and safety\nschedules or requirements as are supplied by the manufacturer of the\ndevice and shall have available documentation that such maintenance and\ntesting as are called for by the device manufacturer have been performed\nduring the term covered by the previous operating permit. No subsequent\noperating permit shall be granted in the absence of these documents. An\naffidavit of the annual inspection shall be filed with the commissioner.\n 2. In the case of a temporary device, viewing stand or tent, upon\nfirst entry into the state, the amusement device, viewing stand or tent\nmust be inspected by the commissioner or his authorized representative\nfor the permit to be issued. In the case of a temporary amusement device\ndeemed by the commissioner to normally operate at speeds or with\nmovements creating severe centrifugal forces the owner or operator\nmaking the permit application for such device shall have available for\ninspection such recommended maintenance and safety schedules or\nrequirements as are supplied by the manufacturer of the device. An\noperating permit shall not be granted in the absence of these documents.\nThereafter, the amusement device, viewing stand or tent must be\ninspected at least annually by a licensed architect, professional\nengineer, qualified inspector of an insurance underwriter, or an\ninspector approved by the commissioner as a requirement for the issuance\nof each subsequent permit. Such inspection shall at minimum comply with\nthe requirements of the commissioner, provided that for amusement\ndevices, at the time of each such annual inspection, the owner or\noperator of such device shall have available for inspection such\nrecommended maintenance and safety schedules or requirements as are\nsupplied by the manufacturer of the device and shall have available\ndocumentation that such maintenance and testing as are called for by the\ndevice manufacturer have been performed during the term covered by the\nprevious operating permit. No subsequent operating permit shall be\ngranted in the absence of these documents. An affidavit of the annual\ninspection shall be filed with the commissioner.\n 2-a. Where such maintenance and safety schedules as are called for in\nsubdivisions one and two of this section do not exist or are not\navailable due to circumstances beyond the control of the owner or\noperator of an amusement device, the owner or operator shall, within six\nmonths of the discovery of the unavailability of such standards, submit\nto the commissioner a proposed schedule of maintenance for that\namusement device consistent with the standards for the testing and\nmaintenance of such devices established in accordance with the rules and\nregulations promulgated pursuant to subdivision six of this section and\nshall henceforth be the schedule with which the owner or operator must\ncomply to qualify for annual operating permits.\n 2-b. None of the provisions contained in subdivision two-a of this\nsection shall be interpreted as to prevent the owner or operator of an\namusement device from receiving an annual permit to operate such device\nduring the proposed maintenance schedule submission process described in\nsuch subdivision provided that such owner or operator meets all the\nrequirements for an annual operating permit as they exist prior to the\neffective date of this subdivision.\n 2-c. The owner or operator of an amusement device shall conspicuously\npost a sign containing safety guidelines to be followed by patrons while\non or in the amusement device and behavior or activities which are\nprohibited as threats either to the patrons themselves, other patrons or\nthe general public. Such signs shall contain warnings that there are\ninherent risks in the participation in or on the amusement device, since\nit is recognized that participation in or on the device may be hazardous\nregardless of all feasible safety measures that can be undertaken by the\ndevice owner or operator; and that there is a duty for the patrons to\nbecome apprised of the warnings and the risks inherent in participation\nin or on the amusement device if the warnings are not obeyed. Prior to\nparticipating in or on such amusement device, patrons shall familiarize\nthemselves with the posted safety warnings so that they may make an\ninformed decision of whether to participate in or on the device\nnotwithstanding the risks.\n 3. In the case of an amusement device, viewing stand or tent which is\nsubstantially rebuilt or substantially modified so as to change the\nstructure, mechanism, or capacity of the device, viewing stand or tent,\nthe owner or lessee shall give written notice to the commissioner who\nshall cause the device, viewing stand or tent to be inspected prior to\nthe time in which it is put into operation and who shall cause any\ncurrent permit to be updated so as to include any modifications made to\nthe device, viewing stand or tent.\n 4. In the event an operator is unable to secure an inspection by his\ninsurance carrier within one year from the date of the previous\ninspection, such previous inspection shall be deemed valid for purposes\nof this article for a period of thirty additional days, provided such\noperator made an inspection request to his insurance carrier at least\nsixty days prior to the inspection anniversary date.\n 5. No amusement device, viewing stand or tent which fails to pass an\ninspection shall be operated for public use until it has passed a\nsubsequent inspection.\n 6. The commissioner shall, in consultation with the carnival, fair and\namusement park safety advisory board as established under section eight\nhundred seventy-n of this article, as added by a chapter of the laws of\ntwo thousand six, establish rules and regulations providing standards\nfor the design, manufacture, testing, inspection, quality assurance and\nterminology of amusement devices. The rules and regulations established\npursuant to this subdivision shall be consistent with the national\nstandards for amusement devices, as established by the American Society\nof Testing and Materials.\n