Part 8.1PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM
Section § 7920
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.
Section § 7921
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.
Section § 7922
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.
Section § 7923
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.
Section § 7924
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.
Section § 7925
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.
Section § 7926
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.
Section § 7927
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.
Section § 7928
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.
Section § 7929
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.
Section § 7930
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.
Section § 7931
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.
Section § 7932
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.