Section § 7920

Explanation

This law sets up a system in California to regularly inspect permanent amusement rides to ensure they are safe for public use. It's officially called the Permanent Amusement Ride Safety Inspection Program.

It is the intent of the Legislature in enacting this part to create a state system for the inspection of permanent amusement rides. This part shall be known and may be cited as the Permanent Amusement Ride Safety Inspection Program.

Section § 7921

Explanation

This section outlines definitions and requirements related to permanent amusement rides in California. A 'Permanent amusement ride' is a permanent mechanical or aquatic device meant for entertainment, such as bungee jumping operations. These rides don't include slides, playground equipment, or ground-operated coin devices. The 'Operator' or 'owner' is anyone responsible for an amusement ride's operation, including government entities.

A 'Qualified safety inspector' is someone authorized to inspect these rides and must meet specific criteria. This includes having a professional engineering license or sufficient experience in amusement ride inspection. Inspectors must complete annual continuing education and training in amusement ride safety.

As used in this part:
(a)CA Labor Code § 7921(a) “Permanent amusement ride” means a mechanical device, aquatic device, or combination of devices, of a permanent nature that carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. “Permanent amusement ride” includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances that operate directly on the ground or on a surface or pavement directly on the ground. The division shall determine the specific devices that are permanent amusement rides for the purposes of this part. This determination shall be made to apply equally to all operators of similar or identical rides and shall be made pursuant to a procedure promulgated by the standards board.
(b)CA Labor Code § 7921(b) “Operator” or “owner” means a person who owns or controls or has the duty to control the operation of an amusement ride. It includes the state and every state agency, and each county, city, district, and all public and quasi-public corporations and public agencies therein.
(c)CA Labor Code § 7921(c) “Qualified safety inspector” means either of the following:
(1)CA Labor Code § 7921(c)(1) A person who holds a valid professional engineer license issued by this state or issued by an equivalent licensing body in another state, and who has been approved by the division as a qualified safety inspector for permanent amusement rides.
(2)CA Labor Code § 7921(c)(2) A person who documents to the satisfaction of the division that he or she meets all of the following requirements:
(A)CA Labor Code § 7921(c)(2)(A) The person has a minimum of five years experience in the amusement ride field, at least two years of which were involved in actual amusement ride inspection with a manufacturer, government agency, amusement park, carnival, or insurance underwriter.
(B)CA Labor Code § 7921(c)(2)(B) The person completes not less than 15 hours per year of continuing education at a school approved by the division, which education shall include inservice industry or manufacturer updates and seminars.
(C)CA Labor Code § 7921(c)(2)(C) The person has completed at least 80 hours of formal education during the past five years from a school approved by the division for amusement ride safety. Nondestructive-testing training, as determined by the division, may be substituted for up to one-half of the 80 hours of education.

Section § 7922

Explanation

This law outlines situations where certain safety regulations do not apply. Specifically, it states that the rules do not cover playgrounds run by schools or local governments if they are not mainly for fun activities. It also exempts museums focusing on agriculture, industry, or arts exhibits, and various entertainment venues like skating rinks and arcades. Additionally, it doesn't cover private events with amusement rides that aren't open to the general public and don’t charge admission.

This part does not apply to any of the following:
(a)CA Labor Code § 7922(a) Any playground operated by a school or local government if the playground is an incidental amenity and the operating entity is not primarily engaged in providing amusement, pleasure, thrills, or excitement.
(b)CA Labor Code § 7922(b) Museums or other institutions principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.
(c)CA Labor Code § 7922(c) Skating rinks, arcades, laser or paint ball war games, indoor interactive arcade games, bowling alleys, miniature golf courses, mechanical bulls, inflatable rides, trampolines, ball crawls, exercise equipment, jet skis, paddle boats, air boats, helicopters, airplanes, parasails, hot air balloons, whether tethered or untethered, theaters, amphitheaters, batting cages, stationary spring-mounted fixtures, rider-propelled merry-go-rounds, games, slide shows, live animal rides, or live animal shows.
(d)CA Labor Code § 7922(d) Permanent amusement rides operated at a private event that are not open to the general public and not subject to a separate admission charge.

Section § 7923

Explanation

This law section explains that the division responsible must create rules for the safe installation, repair, and inspection of permanent amusement rides. These rules should focus on engineering safety, protective devices, and maintenance. These regulations should complement existing safety orders.

The law also states that the intention is for these rules to align, where suitable, with those for temporary amusement rides.

(a)CA Labor Code § 7923(a) The division shall formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe installation, repair, maintenance, use, operation, and inspection of all permanent amusement rides as the division finds necessary for the protection of the general public using permanent amusement rides. The rules and regulations shall be in addition to the existing applicable safety orders and will be concerned with engineering force stresses, safety devices, and preventative maintenance. Nothing in this part shall limit the authority of the division to prescribe or enforce general or special safety orders.
(b)CA Labor Code § 7923(b) It is the Legislature’s intent that the rules and regulations adopted pursuant to this part be consistent with those adopted by the Occupational Safety and Health Standards Board for traveling amusement rides, to the extent that those rules and regulations are found to be appropriate.

Section § 7924

Explanation

This law requires the owner of a permanent amusement ride to submit a yearly certificate of compliance to the division. This certificate must include details about the ride, the owner's information, and a declaration from a qualified safety inspector stating the ride was inspected and meets safety standards.

If an owner has multiple rides at one site, a single comprehensive certificate can be submitted. The certificate is not needed until a year after any new rules are made by the division.

Rides deemed unsafe cannot be operated until repairs are certified. Safety inspectors must be certified and recertified every two years, and they can be in-house or external. Owners need to maintain and provide records of inspections, repairs, training, and accidents for review.

The division checks these records annually and may inspect rides further if there's a fraudulent certificate or high accident rates. Efforts should be made to minimize disturbance to park operations during inspections.

(a)CA Labor Code § 7924(a) On an annual basis, an owner of a permanent amusement ride shall submit to the division a certificate of compliance on a form prescribed by the division, which shall include the following:
(1)CA Labor Code § 7924(a)(1) The legal name and address of the owner and his or her representative, if any, and the primary place of business of the owner.
(2)CA Labor Code § 7924(a)(2) A description of, the name of the manufacturer of, and, if given by the manufacturer, the serial number and model number of, the permanent amusement ride.
(3)CA Labor Code § 7924(a)(3) A written declaration, executed by a qualified safety inspector, stating that, within the preceding 12-month period, the permanent amusement ride was inspected by the qualified safety inspector and that the permanent amusement ride is in material conformance with this section and all applicable rules and regulations adopted by the division and standards board.
(b)CA Labor Code § 7924(b) The owner of multiple permanent amusement rides at a single site may submit a single certificate of compliance that provides the information required by subdivision (a) for each permanent amusement ride at that site.
(c)CA Labor Code § 7924(c) A certificate of compliance shall not be required until one year following the promulgation of any rules or regulations by the division governing the submission of the certificates.
(d)CA Labor Code § 7924(d) A person shall not operate a permanent amusement ride that was inspected by a qualified safety inspector or division inspector and found to be unsafe unless all necessary repairs or modifications, or both, to the ride have been completed and certified as completed by a qualified safety inspector.
(e)CA Labor Code § 7924(e) For the purposes of satisfying this section, a qualified safety inspector shall meet the requirements in subdivision (c) of Section 7921 and shall be certified by the division. A qualified safety inspector shall be recertified every two years following his or her initial certification. A qualified safety inspector may be an in-house, full-time safety inspector of the owner of the permanent amusement ride, an employee or agent of the insurance underwriter or insurance broker of the permanent amusement ride, an employee or agent of the manufacturer of the amusement ride, or an independent consultant or contractor.
(f)CA Labor Code § 7924(f) The owner of a permanent amusement ride shall maintain all of the records necessary to demonstrate that the requirements of this section have been met, including, but not limited to, employee training records, maintenance, repair, and inspection records for each permanent amusement ride, and records of accidents of which the operator has knowledge, that resulted from the failure, malfunction, or operation of a permanent amusement ride and that required medical service other than ordinary first aid, and shall make those records available to a division inspector upon request. The owner shall make those records available for inspection by the division during normal business hours at the owner’s permanent place of business. The owner or representative of the owner may be present when the division inspects the records. The division shall conduct an inspection of the operation of each ride at the permanent amusement park in conjunction with an inspection of records conducted pursuant to this subdivision, except that the division is not required to conduct an operational inspection of a ride pursuant to this subdivision if a qualified safety inspector employed by the division has already inspected the operation of that ride in connection with the execution of the current annual certificate of compliance pursuant to subdivision (a).
(g)CA Labor Code § 7924(g) Upon receipt of a certificate of compliance, the division shall notify the owner of the permanent amusement ride or rides for which a certificate is submitted whether the certificate meets all the requirements of this section, and if not, what requirements must still be met.
(h)CA Labor Code § 7924(h) The division shall, in addition to the annual inspection performed by the division pursuant to subdivision (f), inspect the records for a permanent amusement ride or the ride, or both, under either of the following circumstances:
(1)CA Labor Code § 7924(h)(1) The division finds that the certificate of compliance submitted pursuant to this section for the ride is fraudulent.
(2)CA Labor Code § 7924(h)(2) The division determines, pursuant to regulations it has adopted, that a permanent amusement ride has a disproportionately high incidence of accidents required to be reported pursuant to Section 7925.
(i)CA Labor Code § 7924(i) The division shall conduct its inspections with the least disruption to the normal operation of the permanent park.

Section § 7925

Explanation

If an accident involving a permanent amusement ride results in death or serious injury (beyond basic first aid), the ride operator must report it immediately to the appropriate office by phone. They must also ensure the equipment involved in the accident is preserved for investigation.

Following such an accident, an inspector can check the ride and may stop its operation if it's deemed dangerous. The ride can only run again once safety issues are fixed.

Additionally, if emergency services like fire or police respond to such an accident, they're required to notify the same office immediately.

(a)CA Labor Code § 7925(a) Each operator of a permanent amusement ride shall report or cause to be reported to the division immediately by telephone each known accident where maintenance, operation, or use of the permanent amusement ride results in a death or serious injury to any person unless the injury does not require medical service other than ordinary first aid. If a death or serious injury results from the failure, malfunction, or operation of a permanent amusement ride, the equipment or conditions that caused the accident shall be preserved for the purpose of an investigation by the division.
(b)CA Labor Code § 7925(b) A division inspector may inspect any permanent amusement ride after the report of an accident to the division. The division may order a cessation of operation of a permanent amusement ride if it is determined after inspection to be hazardous or unsafe. Operation shall not resume until these conditions are corrected to the satisfaction of the division.
(c)CA Labor Code § 7925(c) Whenever a state, county, or local fire or police agency is called to an accident involving a permanent amusement ride covered by this part where a serious injury or death occurs, the nearest office of the division shall be notified by telephone immediately by the responding agency.

Section § 7926

Explanation

If you want to operate a permanent amusement ride in California, you must have some form of financial protection in place. Specifically, you can either have insurance with at least one million dollars in coverage per incident, a bond for at least the same amount, or prove you have enough money to cover potential injuries yourself according to state regulations.

These financial protections must be through insurers or sureties authorized to do business in California, or through certain licensed brokers if they're from out-of-state.

(a)CA Labor Code § 7926(a) A person may operate a permanent amusement ride only if, at the time of operation, one of the following is in existence:
(1)CA Labor Code § 7926(a)(1) The owner of the permanent amusement ride provides an insurance policy in an amount not less than one million dollars ($1,000,000) per occurrence insuring the owner or operator against liability for injury or death to persons arising out of the use of the permanent amusement ride.
(2)CA Labor Code § 7926(a)(2) The owner of the permanent amusement ride provides a bond in an amount not less than one million dollars ($1,000,000), except that the aggregate liability of the surety under that bond shall not exceed the face amount of the bond.
(3)CA Labor Code § 7926(a)(3) The owner of a permanent amusement ride meets a financial test of self-insurance, as prescribed by rules and regulations promulgated by the division, to demonstrate financial responsibility covering liability for injury suffered by patrons riding the permanent amusement ride.
(b)CA Labor Code § 7926(b) The insurance policy or bond shall be obtained from one or more insurers or sureties licensed by the Department of Insurance to do business in this state, or by a nonadmitted insurer employed by a surplus lines broker licensed by the Department of Insurance.

Section § 7927

Explanation

If you own a permanent amusement ride, you need to train your employees on how to safely operate and maintain the rides. This training must follow certain safety standards set by expert committees and also comply with an injury prevention program.

Each owner of a permanent amusement ride shall provide training for its employees in the safe operation and maintenance of amusement rides, as required by the standards adopted by the American Society for Testing Materials, Committee F770-03, Section 4.1.3, and Committee F853-93, Section 6.2, as amended or as may be amended from time to time, and the injury prevention program required under Section 6401.7.

Section § 7928

Explanation

This law says that the division responsible for implementing this part of the labor code must create the needed rules and regulations to manage it effectively. To ensure this is done properly, the division is also allowed to hire qualified safety inspectors as needed.

The division shall adopt rules and regulations necessary for the administration of this part. The division may employ qualified safety inspectors as necessary for the purposes of this part.

Section § 7929

Explanation

This section mandates that the division set and collect fees from individuals or entities that utilize its services related to amusement rides. These fees cover both direct and some indirect administrative costs, and they apply to state and local governments too. The collected fees go into a fund for the safety inspection of permanent amusement rides.

If anyone responsible for these rides doesn't pay the fee within 60 days of receiving the bill, they will face a penalty that doubles the original amount.

(a)CA Labor Code § 7929(a) The division shall fix and collect all fees necessary to cover the cost to the division of administering this part. Fees shall be charged to a person or entity receiving the division’s services as provided by this part, as set out in regulations adopted pursuant to this part, including, but not limited to, approvals, determinations, certifications and recertifications, receipt and review of certificates, and inspections. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part. Notwithstanding Section 6103 of the Government Code, the division may collect these fees from the state or any county, city, district, or other political subdivision.
(b)CA Labor Code § 7929(b) All fees collected pursuant to this section shall be deposited into the Occupational Safety and Health Fund to support the Permanent Amusement Ride Safety Inspection Program.
(c)CA Labor Code § 7929(c) Whenever a person owning or having custody, management, or operation of a permanent amusement ride fails to pay any fee required under this part within 60 days after the date of notification by the division, the division shall assess a penalty equal to 100 percent of the initial fee. For purposes of this section, the date of the invoice fixing the fee shall be considered the date of notification.

Section § 7930

Explanation

This law section states that if a permanent amusement ride owner or operator knowingly breaks any rule, and this leads to a death or significant injury, they must pay a fine. The penalty will be between $25,000 and $70,000.

If the division determines that any owner or operator of a permanent amusement ride subject to this part has willfully or intentionally violated this part or any rule or regulation promulgated under this part, and that violation results in a death or serious injury as specified in Section 7925, the division shall impose on that owner or operator a civil penalty of not less than twenty-five thousand dollars ($25,000) and not more than seventy thousand dollars ($70,000).

Section § 7931

Explanation

This law section explains that if a business owner or operator breaks certain workplace safety rules, they could be issued a citation and a civil penalty. They have the right to challenge this citation and penalty by appealing to the Occupational Safety and Health Appeals Board.

The division shall enforce this part by the issuance of a citation and notice of civil penalty in a manner consistent with Section 6317. Any owner or operator who receives a citation and penalty may appeal the citation and penalty to the Occupational Safety and Health Appeals Board in a manner consistent with Section 6319.

Section § 7932

Explanation

This law says that permanent amusement rides aren't subject to state inspection if they're in a county that already inspects them using specific standards from 1998. However, this only applies if the county's inspections are as good as or better than the state's. If the county stops its inspections or lowers its standards, then the state will take over inspecting those rides.

(a)CA Labor Code § 7932(a) The provisions of this part relating to annual division inspections shall not apply to any permanent amusement ride located within a county or other political subdivision of the state that, as of April 1, 1998, has adopted the provisions of Chapter 66 (commencing with Section 6601.1) of the 1994 Uniform Building Code providing for the routine inspection of permanent amusement rides by the county or other political subdivision of the state, provided that the division determines that these inspections meet or exceed the inspection standards set forth in this part.
(b)CA Labor Code § 7932(b) If the county or other political subdivision suspends, revokes, or otherwise vacates its standards for permanent amusement rides, any permanent amusement ride located within the county or other political subdivision shall be subject to the inspection standards set forth in this part.