§ 72-16-102 — Definitions.

As used in this chapter:
(1) "Account" means the Amusement Ride Safety Restricted Account created in Section 72-16-204.
(2) (2)(a) "Amusement park" means a permanent indoor or outdoor facility or park where one or more amusement rides are available for use by the general public.
(2)(b) "Amusement park" does not include a traveling show, carnival, or public fairground.
(3) (3)(a) "Amusement ride" means a device or combination of devices or elements that carries or conveys one or more riders along, around, or over a fixed or restricted route or course or allows the riders to steer or guide the device within an established area for the purpose of giving the riders amusement, pleasure, thrills, or excitement.
(3)(b) "Amusement ride" does not include:
(3)(b)(i) a coin-operated ride that:

(3)(b)(i)(A) is manually, mechanically, or electrically operated;
(3)(b)(i)(B) is customarily placed in a public location; and
(3)(b)(i)(C) does not normally require the supervision or services of an operator;
(3)(b)(ii) nonmechanized playground equipment, including a swing, seesaw, stationary spring-mounted animal feature, rider-propelled merry-go-round, climber, playground slide, trampoline, or physical fitness device;
(3)(b)(iii) an inflatable device;
(3)(b)(iv) a water-based recreational attraction where complete or partial immersion is intended, including a water slide, wave pool, or water park;
(3)(b)(v) a challenge, exercise, or obstacle course;
(3)(b)(vi) a passenger ropeway as defined in Section 72-11-102;
(3)(b)(vii) a device or attraction that involves one or more live animals;
(3)(b)(viii) a tractor ride or wagon ride;
(3)(b)(ix) motion seats in a movie theater for which the manufacturer does not require a restraint; or
(3)(b)(x) a zip line.
(4) "Committee" means the Utah Amusement Ride Safety Committee created in Section 72-16-201.
(5) "Director" means the director of the committee, hired under Section 72-16-202.
(6) "Mobile amusement ride" means an amusement ride that is:

(6)(a) designed or adapted to be moved from one location to another;
(6)(b) not fixed at a single location; and
(6)(c) relocated at least once each calendar year.
(7) "Operator" means the individual who controls the starting, stopping, or speed of an amusement ride.
(8) "Owner-operator" means the person who has control over and responsibility for the maintenance, setup, and operation of an amusement ride.
(9) "Permanent amusement ride" means an amusement ride that is not a mobile amusement ride.
(10) "Qualified safety inspector" means an individual who holds a valid qualified safety inspector certification.
(11) "Qualified safety inspector certification" means a certification issued by the director under Section 72-16-303.
(12) "Reportable serious injury" means an injury to a rider that:

(12)(a) occurs when there is a failure or malfunction of an amusement ride; and
(12)(b) results in death, dismemberment, permanent disfigurement, permanent loss of the use of a body organ, member, function, or system, or a compound fracture.
(13) "Safety inspection certification" means a written document that:

(13)(a) is signed by a qualified safety inspector certifying that:
(13)(a)(i) the qualified safety inspector performed an in-person inspection of an amusement ride to check compliance with the safety standards described in Section 72-16-304 and established by rule; and
(13)(a)(ii) at the time the qualified safety inspector performed the in-person inspection, the amusement ride:

(13)(a)(ii)(A) was set up for use by the general public; and
(13)(a)(ii)(B) satisfied the safety standards described in Section 72-16-304 and established by rule; and
(13)(b) includes the date on which the qualified safety inspector performed the in-person inspection.
(14) "Serious injury" means an injury to a rider that:

(14)(a) occurs when there is a failure or malfunction of an amusement ride; and
(14)(b) requires immediate admission to a hospital and overnight hospitalization and observation by a licensed physician.

Legislative History

Amended by Chapter 22, 2023 General Session