PRINTER'S NO. 3934
No. 2933 Session of 1980
INTRODUCED BY DOMBROWSKI, PRATT, SCHWEDER, BOWSER, LAUGHLIN,
MADIGAN, STEWART, McMONAGLE, BELOFF, KUKOVICH, COCHRAN,
CAPPABIANCA, MILLER, DAVIES AND PERZEL, SEPTEMBER 22, 1980
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 22, 1980
AN ACT
1 Providing for the inspection of amusement rides and attractions;
2 granting powers and imposing duties on the Department of
3 Labor and Industry; creating the Amusement Ride Safety
4 Advisory Board; imposing civil and criminal penalties.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Definitions.
8 Section 3. Nonapplication of act.
9 Section 4. Powers and duties of the Department of Labor and
10 Industry.
11 Section 5. Amusement Ride Safety Advisory Board.
12 Section 6. Powers and duties of the board.
13 Section 7. Inspections.
14 Section 8. Variances.
15 Section 9. Notice of violation.
16 Section 10. Issuance of citation for violation.
17 Section 11. Notice of issuance of citation.
18 Section 12. Notice of failure to correct violation.
1 Section 13. Hearings.
2 Section 14. Appeals.
3 Section 15. Records.
4 Section 16. Insurance.
5 Section 17. Civil penalties.
6 Section 18. Criminal penalties.
7 Section 19. Effective date.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the "Amusement
12 Ride Inspection Act."
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have, unless the context clearly indicates otherwise, the
16 meanings given to them in this section.
17 "Amusement attraction." Any building or structure around,
18 over or through which people may move or walk, without the aid
19 of any moving device integral to the building or structure, that
20 provides amusement, pleasure, thrills or excitement. The term
21 does not include any enterprise principally devoted to the
22 exhibition of products of agriculture, industry, education,
23 science, religion or the arts.
24 "Amusement park." A tract or area used principally as a
25 location for permanent amusement structures or rides.
26 "Amusement ride." Any device that carries or conveys
27 passengers along, around, or over a fixed or restricted route or
28 course or within a defined area, for the purpose of giving its
29 passengers amusement, pleasure, thrills or excitement.
30 "Board." The Amusement Ride Safety Advisory Board.
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1 "Carnival." An itinerant enterprise consisting principally
2 of temporary amusement structures or mechanical rides.
3 "Certificate of inspection." A certificate issued by the
4 Department of Labor and Industry, subsequent to an inspection by
5 the department, that certifies that an amusement ride or
6 attraction meets all relevant provisions of this act and the
7 standards and regulations adopted under this act.
8 "Department." The Department of Labor and Industry or its
9 authorized representative.
10 "Fair." An enterprise principally devoted to the periodic
11 and recurring exhibition of products of agriculture, industry,
12 education, science, religion or the arts that has one or more
13 amusement rides or attractions operated in conjunction therewith
14 in either temporary or permanent structures.
15 "New amusement ride or attraction." An amusement ride or
16 attraction of a design not previously operated in the State and
17 for which no standards and regulations have been adopted.
18 "Operator." Any person or persons actually engaged in or
19 directly controlling the operation of an amusement ride or
20 attraction.
21 "Owner." A person who owns an amusement ride or attraction,
22 or in the event that the amusement ride or attraction is leased,
23 the lessee. The term includes the State or its political
24 subdivision.
25 "Permanent structure." A structure, enclosure or arrangement
26 of parts, used or intended to be used, for or as an amusement
27 ride or attraction, that is erected to remain a lasting part of
28 the premises.
29 "Secretary." The Secretary of the Department of Labor and
30 Industry.
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1 "Temporary structure." A structure, enclosure or arrangement
2 of parts, used or intended to be used for or as an amusement
3 ride or attraction, that is relocated from time to time with or
4 without disassembly.
5 "Working days." The term means the period of time between
6 Monday and Friday inclusive but does not include any Saturday,
7 Sunday or State holiday.
8 Section 3. Nonapplication of act.
9 This act does not apply to single passenger, coin-operated,
10 manually, mechanically or electrically operated rides, except
11 where admission is charged for the use of the equipment.
12 Section 4. Powers and duties of the Department of Labor and
13 Industry.
14 (a) The department or its authorized representative shall
15 have the following powers and duties:
16 (1) Administer and enforce the provisions of this act.
17 (2) Prescribe safety standards relating to the operation
18 and maintenance of amusement rides or attractions.
19 (3) Conduct any necessary inspections and
20 investigations.
21 (4) Issue citations for violations of this act or any
22 rule, regulation or standard promulgated pursuant to this
23 act.
24 (5) Permit variances.
25 (6) Impose civil penalties in accordance with section
26 17.
27 (7) Establish record-keeping and reporting procedures.
28 (8) Conduct any and all hearings in accordance with
29 Title 2 of the Pennsylvania Consolidated Statutes (relating
30 to administrative law and procedure).
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1 (9) Administer oaths, take or cause to be taken
2 dispositions, issue subpoenas and compel the attendance of
3 witnesses and the production of papers, books, documents,
4 records and other testimony.
5 (10) Adopt such rules and regulations as are necessary
6 to effectively administer the provisions of this act.
7 (b) The power of inspection may be delegated by the
8 department to any department or agency of the State or any
9 political subdivision thereof that presents satisfactory
10 evidence to the department of its ability to perform the
11 inspections required by this act. No delegation of power shall
12 occur unless there is a written agreement setting forth the
13 responsibilities of the respective parties. The department
14 shall, at all times, retain the right to revoke the agreement
15 and to monitor any inspection authorized by this act.
16 Section 5. Amusement Ride Safety Advisory Board.
17 (a) There is hereby established under the jurisdiction of
18 the Department of Labor and Industry a board known as the
19 Amusement Ride Safety Advisory Board.
20 (b) The board, appointed by the Governor with the advise and
21 consent of a majority of the Senate, shall consist of nine
22 members of whom one member shall be a representative of the
23 amusement ride manufacturers, one shall be a representative of
24 the carnival owners, two shall be representatives of the
25 amusement park owners, one shall be a representative of the
26 State or county fairs, one shall be a mechanical engineer and
27 three shall represent the public. One of the public members
28 shall be designated by the Governor as the chairman.
29 (c) The members of the board shall serve a term of six
30 years, except of the first members appointed, of those
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1 representing the amusement ride manufacturers, carnival owners,
2 amusement park owners and State and county fairs, one shall be
3 appointed for three years, one shall be appointed for four
4 years, one shall be appointed for five years and one shall be
5 appointed for six years and the mechanical engineer and, of
6 those members representing the public, one shall be appointed
7 for four years, one shall be appointed for five years and one
8 shall be appointed for six years. All members shall serve until
9 their successors are appointed and qualified. Vacancies shall be
10 filled by appointment for the unexpired term in the same manner
11 as the original appointments.
12 (d) The members of the board when actually engaged in the
13 performance of the duties of the board shall receive a per diem
14 compensation of $100 and mileage.
15 (e) All members of the board shall be eligible for
16 reappointment to such board.
17 Section 6. Powers and duties of the board.
18 (a) The board shall advise, consult with and make
19 recommendations and propose such reasonable rules, regulations
20 and standards to the department for the prevention of conditions
21 detrimental to the public in the use of amusement rides and
22 attractions as the board finds necessary for the protection and
23 safety of the public upon the basis of circumstantial evidence
24 and information available to or developed by the department, or
25 upon circumstantial evidence and information submitted by any
26 interested person at a public hearing held in accordance with
27 subsection (b). The department shall make such recommendations
28 to the board regarding rules, regulations and standards as it
29 deems necessary to carry out the intent of this act.
30 (b) The board shall hold public hearings at such time and
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1 place as the board may specify to carry out the responsibilities
2 imposed pursuant to this act. All hearings shall be conducted
3 pursuant to the act of July 19, 1974 (P.L.486, No.176), referred
4 to as the Public Agency Open Meeting Law.
5 (c) The board shall submit to the department its
6 recommendations concerning proposed rules, regulations and
7 standards, together with a report, indicating the need for the
8 proposals and summarizing the testimony presented at any public
9 hearing and any other information or technical data available to
10 the board.
11 Section 7. Inspections.
12 (a) The department shall inspect any:
13 (1) Amusement park ride and attraction annually.
14 (2) Fair and carnival amusement ride and attraction
15 before its operation at each new location.
16 (3) New or modified amusement ride and attraction before
17 its public operation commences.
18 (b) (1) An owner or lessee of a new, modified or
19 reconstructed amusement ride or attraction shall notify the
20 department before beginning operation thereof.
21 (2) An owner or lessee of any fair or carnival shall
22 notify the department in writing at least 30 days before the
23 opening of the carnival or fair at each location. If, after
24 the notification, the owner or lessee changes his schedule of
25 locations or dates, he immediately shall notify the
26 department of the change.
27 (c) (1) If an inspection discloses that an amusement ride or
28 attraction located in an amusement park complies with all
29 relevant provisions of this act and the adopted standards and
30 regulations, the department shall issue a certificate of
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1 inspection for each ride to its owner or lessee.
2 (2) The certificate shall be valid for not more than one
3 year from the date of issuance.
4 (3) The certificate shall be posted, in plain view, on
5 the amusement ride or attraction.
6 (d) (1) If an inspection discloses that a fair or carnival
7 amusement ride or attraction complies with all relevant
8 provisions of this subtitle and the adopted standards and
9 regulations, the department shall issue a certificate of
10 inspection to its owner or lessee.
11 (2) The certificate shall be valid for not more than 30
12 days.
13 (3) Certificates shall be posted, in plain view, on the
14 amusement ride or attraction.
15 (e) Except for the purposes of testing and inspection, an
16 amusement ride or attraction shall not be operated until a
17 certificate of inspection has been issued by the department.
18 (f) The department shall inspect and investigate, upon
19 notification or information, accidents or complaints involving
20 any amusement ride or attraction.
21 Section 8. Variances.
22 (a) Any affected owner or lessee of amusement rides or
23 attractions may apply in writing to the department for an order
24 for a variance from any rule, regulation or standard promulgated
25 under this act.
26 (b) The secretary may grant exceptions from the rules,
27 regulations and standards adopted by the department pursuant to
28 this act if:
29 (1) it is evident that action is necessary to prevent
30 undue hardship; or
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1 (2) existing conditions prevent practical compliance and
2 reasonable safety of the public can in the opinion of the
3 secretary be assured.
4 Section 9. Notice of violation.
5 (a) If after inspection or investigation of any amusement
6 ride or attraction, an authorized inspector determines that the
7 amusement ride or attraction is in violation of any rule,
8 regulation or standard promulgated under this act, and that
9 there is a substantial probability of death or serious physical
10 injury to the public from its continued use, notice of such
11 determination shall be given in writing to the owner or lessee
12 of the amusement ride or attraction. A copy of the notice shall
13 be attached to the amusement ride or attraction. After the
14 notice of violation is issued, the use of the amusement ride or
15 attraction shall be prohibited. The notice shall not be removed
16 until the amusement ride or attraction is made safe for public
17 use and the required safeguards are provided. The notice may not
18 be removed except by an authorized representative of the
19 department.
20 (b) Any person aggrieved by a decision of the department
21 made pursuant to the provisions of this section may appeal to
22 the Commonwealth Court.
23 (c) The filing of an appeal does not stay the order of the
24 department, except that the court, after notice to the
25 department and hearing, may grant a stay conditioned upon the
26 appellant posting security or bond as the court may deem proper.
27 Section 10. Issuance of citation for violation.
28 (a) If, after inspection or investigation, an authorized
29 inspector finds that this act or any rule, regulation, standard
30 or order promulgated and issued under this act has been
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1 violated, he shall issue a citation with reasonable promptness
2 to the owner or lessor or an amusement ride or attraction and
3 shall describe with particularity the nature of the violation
4 including a reference to the provision of this act, rule,
5 regulation, standard or order alleged to have been violated. In
6 addition, the citation shall set a reasonable time for the
7 abatement and correction of the violation.
8 (b) A citation issued under this act, or its copy, shall be
9 prominently posted at or near each place a violation referred to
10 in the citation has allegedly occurred.
11 (c) A citation may not be issued after the expiration of
12 three months following the alleged violation.
13 Section 11. Notice of issuance of citation.
14 (1) If, after an inspection and investigation, the
15 department issues a citation, it, within a reasonable time
16 after the date of issuance, shall notify the owner or lessee
17 of the affected amusement ride or attraction, by certified
18 mail, of the issuance of the citation, of any proposed civil
19 penalty assessed under this act and that the owner or lessee
20 has 15 working days within which to notify the department in
21 writing, that he wishes to contest the citation or proposed
22 assessment of a penalty.
23 (2) If, within 15 working days from the receipt of the
24 notice issued by the department, the owner or lessee of the
25 affected amusement ride or attraction does not notify the
26 department that he intends to contest the citation or
27 assessment or a penalty, the citation and assessment shall
28 become final.
29 Section 12. Notice of failure to correct violation.
30 (a) If the secretary has reason to believe that an owner or
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1 lessee of an amusement ride or attraction has not corrected a
2 violation for which a citation has been issued within the period
3 permitted for its correction, the secretary shall notify the
4 owner or lessee by certified mail:
5 (1) of the failure to correct the violation and pay any
6 penalty; and
7 (2) that the owner or lessee has 15 working days within
8 which to notify the department in writing that he wishes to
9 contest the secretary's notification or the assessed penalty.
10 (b) If within 15 working days from the receipt of
11 notification issued by the department, the owner or lessee does
12 not notify the department of his intention to contest the
13 notification or the assessed penalty, the notification and
14 penalty shall become final.
15 Section 13. Hearings.
16 (a) Whenever an owner or lessee of an amusement ride or
17 attraction notifies the department in writing, that said owner
18 or lessee intends to contest any citation or notice issued
19 pursuant to section 10, 11 or 12, the secretary shall grant a
20 hearing within 30 days after receipt of notification by the
21 department.
22 (b) (1) The secretary may appoint a hearing examiner to hear
23 and make a determination upon any proceeding instituted
24 before the secretary and any motion in connection therewith.
25 (2) The hearing examiner shall prepare an official
26 record that includes testimony and exhibits and make a report
27 in writing of his determination.
28 (3) The report of the hearing examiner shall become
29 final unless within 20 working days after it is issued, any
30 affected owner or lessee requests in writing a review by the
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1 secretary of the proceedings before the hearing examiner.
2 (c) (1) After a review of the proceedings the secretary
3 shall, with or without a hearing, issue an order, affirming,
4 modifying or vacating the citation or civil penalty, or
5 directing other appropriate relief.
6 (2) The secretary's order shall become final 15 days
7 after its issuance.
8 (d) After an opportunity for hearing as provided in this
9 section, the secretary, upon a showing by an amusement ride or
10 attraction owner or lessee of a good faith effort to comply with
11 the abatement requirements of a citation, may issue an order
12 affirming or modifying the abatement requirements in the
13 citation.
14 Section 14. Appeals.
15 (1) Any person adversely affected or aggrieved by any
16 rule, regulation, standard or order of the department issued
17 under this act may appeal to the Commonwealth Court.
18 (2) The commencement of appellate proceedings does not
19 operate as a stay of any rule, regulation, standard or order
20 issued by the department or secretary under the provisions of
21 this act, except that the court, after notice to the
22 department and hearing, may grant a stay conditioned upon the
23 appellant posting security or bond as the court may deem
24 proper. discretion, seem proper.
25 Section 15. Records.
26 (a) Every owner or lessee of amusement rides or attractions
27 operated in the State shall:
28 (1) make, keep and preserve and make available to the
29 department for inspection records relating to his activities
30 with regard to this act;
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1 (2) maintain accurate records of and make periodic
2 reports on injuries to the public incurred in the use of an
3 amusement ride or attraction other than minor injuries
4 requiring only first-aid treatment and which do not involve
5 medical treatment or loss of consciousness; and
6 (3) on the basis of the records made and kept, file
7 reports with the department.
8 (b) Notwithstanding any other provision of this section,
9 every owner or lessee of an amusement ride or attraction shall
10 report, in writing or orally, to the department, within 72
11 hours, the occurrence of any accident, other than those
12 requiring only minor first aid, resulting in serious injury or
13 death suffered during the operation of any amusement ride or
14 attraction. When a serious physical injury or death occurs as a
15 result of the operation of an amusement ride or attraction, the
16 operator shall immediately close the ride or attraction until it
17 has been inspected. The department shall inspect the ride or
18 attraction within 24 hours after receiving notification of an
19 accident.
20 Section 16. Insurance.
21 (a) An amusement ride or attraction may not operate unless
22 the owner or lessee of such ride or attraction has purchased
23 insurance in an amount of not less than $300,000 against
24 liability for injury to persons arising out of the use of the
25 amusement ride or attraction.
26 (b) The insurance policy shall be procured from any insurer
27 that is acceptable to the Insurance Commissioner of
28 Pennsylvania.
29 (c) A certificate of insurance shall be furnished to the
30 department prior to the issuance of a certificate of inspection.
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1 Section 17. Civil penalties.
2 (a) (1) Any person who operates an amusement ride or
3 attraction without a certificate of inspection from the
4 Department of Labor and Industry or who willfully or
5 repeatedly violates any provision of this act, or any rule,
6 regulation, standard or order promulgated pursuant to this
7 act is subject to a civil penalty not to exceed $2,000 for
8 each violation.
9 (2) Any owner or lessee of an amusement ride or
10 attraction who has received a citation for a serious
11 violation of any provision of this act, or any rule,
12 regulation, standard or order promulgated pursuant to this
13 act is subject to a civil penalty not to exceed $1,000 for
14 each violation.
15 (3) For the purposes of this subsection, a serious
16 violation shall be deemed to exist if there is a substantial
17 probability of death or serious physical injury to the
18 members of the public from an unsafe condition or from one or
19 more practices, means or methods of operation which are in
20 use by the owner or lessee of an amusement ride or attraction
21 unless such owner or lessee did not and could not with the
22 exercise of reasonable diligence, know of the presence of the
23 violation.
24 (b) Any owner or lessee of an amusement ride or attraction
25 who has received a citation for a violation of any provision of
26 this act or any rule, regulation, standard or order promulgated
27 pursuant to this act where the violation is specifically
28 determined not to be of a serious nature, is subject to a civil
29 penalty not to exceed $500 for each violation.
30 (c) Any owner or lessee of an amusement ride or attraction
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1 who does not correct a violation for which a citation has been
2 issued within the period permitted for its correction is subject
3 to a civil penalty not to exceed $500 for each day during which
4 the violation continues.
5 (d) Any owner or lessee of an amusement ride or attraction
6 who violates any of the posting requirements, as prescribed
7 under the provisions of this act, is subject to a civil penalty
8 not to exceed $500 for each violation.
9 (e) Under this act the secretary shall in assessing
10 penalties give due consideration to the appropriateness of the
11 penalty with respect to the size of the business of the
12 amusement ride or attraction owner or lessee being charged, the
13 gravity of the violation, the good faith of the owner or lessee
14 and the owner's or lessee's history of previous violations.
15 Section 18. Criminal penalties.
16 (a) Any owner or lessee of an amusement ride or attraction
17 who willfully violates any provision of this act or any rule,
18 regulation, standard or order promulgated pursuant to this act,
19 where the violation causes death to any member of the public
20 exposed to the violation, commits a misdemeanor and upon
21 conviction shall be sentenced to pay a fine not exceeding
22 $2,500, or to undergo imprisonment for a term not exceeding six
23 months, or both, except that if the conviction is for a
24 violation committed after a first conviction, he shall be
25 sentenced to pay a fine not exceeding $5,000 or to undergo
26 imprisonment for a term not exceeding one year, or both.
27 (b) A person who knowingly makes any false statement,
28 representation or certification in any application, record,
29 report, plan or other document filed or required to be
30 maintained pursuant to this act, commits a misdemeanor and upon
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1 conviction shall be sentenced to pay a fine not exceeding $2,500
2 or to undergo imprisonment for a term not exceeding six months,
3 or both.
4 Section 19. Effective date.
5 This act shall take effect January 1, 1981.
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