§1484.6. Operation of amusement rides and amusement attractions; notice; changes in schedule; certain required annual inspections; fines

            A. At least five days prior to commencing operation of any amusement ride or amusement attraction, except for the purpose of testing, training, and inspection, the operator shall give written or electronic notification to the office of state fire marshal of his intent to commence operation of the amusement ride or amusement attraction.

            B.(1) Any operator who gives written or electronic notification to the office of state fire marshal of his intent to commence operation of the amusement ride or amusement attraction fewer than five days prior to commencing operation shall be fined as follows:

            (a) Fifty dollars per ride or attraction for the first offense.

            (b) Seventy-five dollars per ride or attraction for the second offense.

            (c) Two hundred dollars per ride or attraction for the third offense.

            (d) Two hundred fifty dollars per ride or attraction for each additional offense thereafter.

            (2) In determining the number of offenses that have occurred, only offenses occurring over the three-year period preceding the offense at issue shall be considered.

            C. If, after the notification, the operator changes his schedule of locations or dates, he shall immediately notify the office of state fire marshal of the change. An operator shall pay a fine of two hundred fifty dollars for any change in schedule of location or date that occurs less than five days prior to the commencement of operation of the amusement ride or amusement attraction.

            D. Prior to operating any new amusement ride or amusement attraction, the operator shall notify the office of state fire marshal of his intent to commence operation, but shall not operate the amusement ride or amusement attraction until the owner has registered the amusement ride or amusement attraction as required in this Part.

            E.(1) The state fire marshal or his designee may inspect all amusement rides or amusement attractions operating in the state at least once during the duration of the event at which the amusement ride or amusement attraction is being operated.

            (2) During an office of state fire marshal inspection or audit, the operator shall submit to the state fire marshal or his designee the set-up inspection report and any other documentation relating to the set-up inspection or an annual inspection.

            (3) In the case of amusement rides or amusement attractions operating at a fixed operation location, the state fire marshal or his designee shall inspect the amusement rides or amusement attractions no more than once annually, except in furtherance of an investigation arising from a reported ride accident or pursuant to a complaint. The inspection is to ensure compliance with the provisions of this Part and adopted standards, rules, regulations, and applicable manuals, service bulletins, and notices.

            (4) The state fire marshal or his designee has free access to any premises in the state where an amusement ride or amusement attraction is being installed, built, repaired, or operated for the purpose of ascertaining whether such amusement ride or amusement attraction is being installed, built, repaired, or operated in accordance with the provisions of this Part and adopted standards, rules, regulations, and applicable manuals, service bulletins, and notices.

            F. The state fire marshal or his designee has the authority to publish a listing of all noncompliant operators and make such list available to the public upon written demand.

            Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.