§ 23-34.1-5. Operation of amusement ride or device — Permits.
(a)(1) 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.
(2) Before commencement of the operation of a permanent amusement device or amusement
attraction
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§ 23-34.1-5. Operation of amusement ride or device — Permits.
(a)(1) 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.
(2) 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 time per year by a qualified inspector. The permit shall be
valid for a period of one 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.
(3) 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, "qualified inspector� has the meaning attributed
to an inspector who possesses the qualifications set forth in § 23-34.1-18.