HOUSE AMENDED
        PRIOR PRINTER'S NOS. 320, 686, 741,           PRINTER'S NO. 1246
        807, 832

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 298 Session of 1983


        INTRODUCED BY GREENLEAF, JUBELIRER, KELLEY, SINGEL, SNYDER,
           SHAFFER, MELLOW, ROCKS, FISHER, PECORA, STAPLETON, EARLY,
           ANDREZESKI AND BRIGHTBILL, FEBRUARY 22, 1983

        AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 1983

                                     AN ACT

     1  To require inspections and insurance in connection with           <--
     2     amusement rides and attractions; giving powers to owners,
     3     lessees and operators; and providing for injunctions and
     4     penalties.
     5  PROVIDING FOR THE INSPECTION OF AMUSEMENT RIDES AND ATTRACTIONS;  <--
     6     GRANTING POWERS AND IMPOSING DUTIES ON THE DEPARTMENT OF
     7     LABOR AND INDUSTRY; CREATING THE AMUSEMENT RIDE SAFETY
     8     ADVISORY BOARD; AND IMPOSING CIVIL AND CRIMINAL PENALTIES.

     9                         TABLE OF CONTENTS
    10  SECTION  1.  SHORT TITLE.
    11  SECTION  2.  DEFINITIONS.
    12  SECTION  3.  NONAPPLICATION OF ACT.
    13  SECTION  4.  POWERS AND DUTIES OF DEPARTMENT OF LABOR AND
    14                 INDUSTRY.
    15  SECTION  5.  AMUSEMENT RIDE SAFETY ADVISORY BOARD.
    16  SECTION  6.  POWERS AND DUTIES OF BOARD.
    17  SECTION  7.  INSPECTIONS.
    18  SECTION  8.  VARIANCES.
    19  SECTION  9.  NOTICE OF VIOLATION.

     1  SECTION 10.  ISSUANCE OF CITATION FOR VIOLATION.
     2  SECTION 11.  NOTICE OF ISSUANCE OF CITATION.
     3  SECTION 12.  NOTICE OF FAILURE TO CORRECT VIOLATION.
     4  SECTION 13.  HEARINGS.
     5  SECTION 14.  APPEALS.
     6  SECTION 15.  RECORDS.
     7  SECTION 16.  INSURANCE.
     8  SECTION 17.  CIVIL PENALTIES.
     9  SECTION 18.  CRIMINAL PENALTIES.
    10  SECTION 19.  EFFECTIVE DATE.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13  Section 1.  Short title.                                          <--
    14     This act shall be known and may be cited as the Amusement
    15  Ride Safety Act.
    16  Section 2.  Definitions.
    17     The following words and phrases when used in this act shall
    18  have the meanings given to them in this section unless the
    19  context clearly indicates otherwise:
    20     "Amusement attraction."  Any building or structure around,
    21  over or through which persons may move to walk, without the aid
    22  of any moving device integral to the building or structure,
    23  which provides amusement, pleasure, thrills or excitement.
    24  Excluded are arenas, stadiums, theatres, convention halls,        <--
    25  RETAIL STORES AND SHOPPING CENTERS. This does not include
    26  enterprises principally devoted to the exhibition of products of
    27  agriculture, industry, education, science, religion or the arts.
    28     "Amusement ride."  Any mechanical device which carries or
    29  conveys passengers along, around or over a fixed or restricted

    19830S0298B1246                  - 2 -

     1  route or course or within a defined area, for the purpose of
     2  giving its passengers amusement, pleasure, thrills or excitement
     3  including those amusement rides operating at an amusement
     4  attraction.
     5     "Department."  The Department of Agriculture.
     6     "Lessee."  Any person who leases an amusement ride or
     7  attraction.
     8     "Operator."  Any person actually engaged in or directly
     9  controlling the operation of the amusement ride or attraction.
    10     "Owner."  Any person who owns an amusement ride or
    11  attraction.
    12  Section 3.  Affidavit of inspection and insurance.
    13     No amusement ride or attraction shall be operated unless the
    14  owner or lessee has filed with the department an affidavit that
    15  the ride or attraction has been inspected by a qualified
    16  inspector and that the owner or lessee has a current insurance
    17  policy in force written by an insurance company authorized to do
    18  business within the Commonwealth or eligible to do business
    19  under section 7 of the act of January 24, 1966 (1965 P.L.1509,
    20  No.531), entitled "An act relating to, regulating, taxing,
    21  supervising and controlling the placing of insurance on risks
    22  located in the Commonwealth of Pennsylvania with insurers not
    23  licensed to transact insurance business in Pennsylvania,
    24  permitting licensed insurers to afford coverage which may be
    25  placed with unlicensed insurers, providing fees and penalties,
    26  and repealing certain existing laws," in an amount of not less
    27  than $300,000 per occurrence or an aggregate of not less than
    28  $1,000,000 insuring the owner or lessee against liability for
    29  injury to persons arising out of the use of the amusement ride
    30  or attraction. A yearly inspection shall be made and an
    19830S0298B1246                  - 3 -

     1  affidavit accompanied by an inspection form approved by the
     2  department shall be filed prior to the first day of July of each
     3  year. In the event the amusement ride or attraction is inspected
     4  by a qualified inspector more than once a year the affidavit
     5  shall be filed not later than 15 days after each additional
     6  inspection.
     7  Section 4.  Accident reports.
     8     Any time an owner or lessee submits an accident report to his
     9  insurance company a copy of those reports which involve physical
    10  injury to an individual as a result of the operation of an
    11  amusement ride or the use of an amusement attraction shall be
    12  sent to the department by the owner or lessee. The notice shall
    13  indicate the type of amusement ride or attraction by which the
    14  injury occurred and the nature of the injury.
    15  Section 5.  Owners, lessees or operators may deny entry.
    16     The owner, lessee or operator of every amusement ride or
    17  attraction may deny entry to any person if in his opinion the
    18  entry may jeopardize the safety of the person desiring entry or
    19  the safety of other patrons of the amusement ride or attraction.
    20  Section 6.  Exemptions.
    21     Nonmechanized playground equipment including, but not limited
    22  to: swings, seesaws, stationary spring-mounted animal features,
    23  rider-propelled merry-go-rounds, climbers, slides, trampolines,
    24  swinging gates and physical fitness devices except where an
    25  admission fee is charged for usage or an admission fee is
    26  charged to areas where such equipment is located are exempt from
    27  the provisions of this act.
    28  Section 7.  Injunction and penalty.
    29     (a)  Injunction against violation.--The district attorney of
    30  each county and the department are hereby authorized to seek an
    19830S0298B1246                  - 4 -

     1  injunction against the owner or lessee of any amusement ride or
     2  attraction being operated in violation of this act.
     3     (b)  Penalty.--Any person who owns or leases an amusement
     4  ride or attraction in violation of this act is guilty of a
     5  misdemeanor of the third degree. Each day shall constitute a
     6  separate and distinct offense.
     7  Section 8.  Commonwealth not liable.
     8     Neither the Commonwealth nor any political subdivision,
     9  directly or indirectly, is the guarantor of the safety of any
    10  amusement attraction or amusement ride not owned or operated by
    11  the Commonwealth or the political subdivision and the
    12  Commonwealth and its political subdivisions shall have all the
    13  attributes of sovereign immunity with regard to the activities
    14  of its officials and employees with respect to the inspection of
    15  amusement attractions and amusement rides as required under the
    16  provisions of this act.
    17  Section 9.  Effective date.
    18     This act shall take effect in 90 days.
    19  SECTION 1.  SHORT TITLE.                                          <--
    20     THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE AMUSEMENT
    21  RIDE INSPECTION ACT.
    22  SECTION 2.  DEFINITIONS.
    23     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
    24  HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    25  CONTEXT CLEARLY INDICATES OTHERWISE:
    26     "AMUSEMENT ATTRACTION."  ANY BUILDING OR STRUCTURE AROUND,
    27  OVER OR THROUGH WHICH PEOPLE MAY MOVE OR WALK, WITHOUT THE AID
    28  OF ANY MOVING DEVICE INTEGRAL TO THE BUILDING OR STRUCTURE, THAT
    29  PROVIDES AMUSEMENT, PLEASURE, THRILLS OR EXCITEMENT. THE TERM
    30  DOES NOT INCLUDE ANY ENTERPRISE PRINCIPALLY DEVOTED TO THE
    19830S0298B1246                  - 5 -

     1  EXHIBITION OF PRODUCTS OF AGRICULTURE, INDUSTRY, EDUCATION,
     2  SCIENCE, RELIGION OR THE ARTS.
     3     "AMUSEMENT PARK."  A TRACT OR AREA USED PRINCIPALLY AS A
     4  LOCATION FOR PERMANENT AMUSEMENT STRUCTURES OR RIDES.
     5     "AMUSEMENT RIDE."  ANY DEVICE THAT CARRIES OR CONVEYS
     6  PASSENGERS ALONG, AROUND OR OVER A FIXED OR RESTRICTED ROUTE OR
     7  COURSE OR WITHIN A DEFINED AREA, FOR THE PURPOSE OF GIVING ITS
     8  PASSENGERS AMUSEMENT, PLEASURE, THRILLS OR EXCITEMENT.
     9     "BOARD."  THE AMUSEMENT RIDE SAFETY ADVISORY BOARD.
    10     "CARNIVAL."  AN ITINERANT ENTERPRISE CONSISTING PRINCIPALLY
    11  OF TEMPORARY AMUSEMENT STRUCTURES OR MECHANICAL RIDES.
    12     "CERTIFICATE OF INSPECTION."  A CERTIFICATE ISSUED BY THE
    13  DEPARTMENT OF LABOR AND INDUSTRY, SUBSEQUENT TO AN INSPECTION BY
    14  THE DEPARTMENT, THAT CERTIFIES THAT AN AMUSEMENT RIDE OR
    15  ATTRACTION MEETS ALL RELEVANT PROVISIONS OF THIS ACT AND THE
    16  STANDARDS AND REGULATIONS ADOPTED UNDER THIS ACT.
    17     "DEPARTMENT."  THE DEPARTMENT OF LABOR AND INDUSTRY OR ITS
    18  AUTHORIZED REPRESENTATIVE.
    19     "FAIR."  AN ENTERPRISE PRINCIPALLY DEVOTED TO THE PERIODIC
    20  AND RECURRING EXHIBITION OF PRODUCTS OF AGRICULTURE, INDUSTRY,
    21  EDUCATION, SCIENCE, RELIGION OR THE ARTS THAT HAS ONE OR MORE
    22  AMUSEMENT RIDES OR ATTRACTIONS OPERATED IN CONJUNCTION THEREWITH
    23  IN EITHER TEMPORARY OR PERMANENT STRUCTURES.
    24     "NEW AMUSEMENT RIDE OR ATTRACTION."  AN AMUSEMENT RIDE OR
    25  ATTRACTION OF A DESIGN NOT PREVIOUSLY OPERATED IN THE STATE AND
    26  FOR WHICH NO STANDARDS AND REGULATIONS HAVE BEEN ADOPTED.
    27     "OPERATOR."  ANY PERSON OR PERSONS ACTUALLY ENGAGED IN OR
    28  DIRECTLY CONTROLLING THE OPERATION OF AN AMUSEMENT RIDE OR
    29  ATTRACTION.
    30     "OWNER."  A PERSON WHO OWNS AN AMUSEMENT RIDE OR ATTRACTION,
    19830S0298B1246                  - 6 -

     1  OR IN THE EVENT THAT THE AMUSEMENT RIDE OR ATTRACTION IS LEASED,
     2  THE LESSEE. THE TERM INCLUDES THE STATE OR ITS POLITICAL
     3  SUBDIVISION.
     4     "PERMANENT STRUCTURE."  A STRUCTURE, ENCLOSURE OR ARRANGEMENT
     5  OF PARTS, USED OR INTENDED TO BE USED, FOR OR AS AN AMUSEMENT
     6  RIDE OR ATTRACTION, THAT IS ERECTED TO REMAIN A LASTING PART OF
     7  THE PREMISES.
     8     "SECRETARY."  THE SECRETARY OF LABOR AND INDUSTRY.
     9     "TEMPORARY STRUCTURE."  A STRUCTURE, ENCLOSURE OR ARRANGEMENT
    10  OF PARTS, USED OR INTENDED TO BE USED, FOR OR AS AN AMUSEMENT
    11  RIDE OR ATTRACTION, THAT IS RELOCATED FROM TIME TO TIME WITH OR
    12  WITHOUT DISASSEMBLY.
    13     "WORKING DAYS."  THE PERIOD OF TIME FROM MONDAY THROUGH
    14  FRIDAY INCLUSIVE. THE TERM DOES NOT INCLUDE ANY SATURDAY, SUNDAY
    15  OR STATE HOLIDAY.
    16  SECTION 3.  NONAPPLICATION OF ACT.
    17     THIS ACT DOES NOT APPLY TO SINGLE PASSENGER, COIN-OPERATED,
    18  MANUALLY, MECHANICALLY OR ELECTRICALLY OPERATED RIDES, EXCEPT
    19  WHERE ADMISSION IS CHARGED FOR THE USE OF THE EQUIPMENT.
    20  SECTION 4.  POWERS AND DUTIES OF DEPARTMENT OF LABOR AND
    21                 INDUSTRY.
    22     (A)  RESPONSIBILITY.--THE DEPARTMENT OR ITS AUTHORIZED
    23  REPRESENTATIVE SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
    24         (1)  ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ACT.
    25         (2)  PRESCRIBE SAFETY STANDARDS RELATING TO THE OPERATION
    26     AND MAINTENANCE OF AMUSEMENT RIDES OR ATTRACTIONS.
    27         (3)  CONDUCT ANY NECESSARY INSPECTIONS AND
    28     INVESTIGATIONS.
    29         (4)  ISSUE CITATIONS FOR VIOLATIONS OF THIS ACT OR ANY
    30     RULE, REGULATION OR STANDARD PROMULGATED PURSUANT TO THIS
    19830S0298B1246                  - 7 -

     1     ACT.
     2         (5)  PERMIT VARIANCES.
     3         (6)  IMPOSE CIVIL PENALTIES IN ACCORDANCE WITH SECTION
     4     17.
     5         (7)  ESTABLISH RECORDKEEPING AND REPORTING PROCEDURES.
     6         (8)  CONDUCT ANY AND ALL HEARINGS IN ACCORDANCE WITH
     7     TITLE 2 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING
     8     TO ADMINISTRATIVE LAW AND PROCEDURE).
     9         (9)  ADMINISTER OATHS, TAKE OR CAUSE TO BE TAKEN
    10     DISPOSITIONS, ISSUE SUBPOENAS AND COMPEL THE ATTENDANCE OF
    11     WITNESSES AND THE PRODUCTION OF PAPERS, BOOKS, DOCUMENTS,
    12     RECORDS AND OTHER TESTIMONY.
    13         (10)  ADOPT SUCH RULES AND REGULATIONS AS ARE NECESSARY
    14     TO EFFECTIVELY ADMINISTER THE PROVISIONS OF THIS ACT.
    15     (B)  INSPECTION.--THE POWER OF INSPECTION MAY BE DELEGATED BY
    16  THE DEPARTMENT TO ANY DEPARTMENT, AGENCY OR POLITICAL
    17  SUBDIVISION OF THE STATE THAT PRESENTS SATISFACTORY EVIDENCE TO
    18  THE DEPARTMENT OF ITS ABILITY TO PERFORM THE INSPECTIONS
    19  REQUIRED BY THIS ACT. NO DELEGATION OF POWER SHALL OCCUR UNLESS
    20  THERE IS A WRITTEN AGREEMENT SETTING FORTH THE RESPONSIBILITIES
    21  OF THE RESPECTIVE PARTIES. THE DEPARTMENT SHALL, AT ALL TIMES,
    22  RETAIN THE RIGHT TO REVOKE THE AGREEMENT AND TO MONITOR ANY
    23  INSPECTION AUTHORIZED BY THIS ACT.
    24  SECTION 5.  AMUSEMENT RIDE SAFETY ADVISORY BOARD.
    25     (A)  ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED UNDER THE
    26  JURISDICTION OF THE DEPARTMENT A BOARD KNOWN AS THE AMUSEMENT
    27  RIDE SAFETY ADVISORY BOARD.
    28     (B)  COMPOSITION.--THE BOARD, APPOINTED BY THE GOVERNOR WITH
    29  THE CONSENT OF A MAJORITY OF THE SENATE, SHALL CONSIST OF NINE
    30  MEMBERS OF WHOM ONE MEMBER SHALL BE A REPRESENTATIVE OF THE
    19830S0298B1246                  - 8 -

     1  AMUSEMENT RIDE MANUFACTURERS, ONE SHALL BE A REPRESENTATIVE OF
     2  THE CARNIVAL OWNERS, TWO SHALL BE REPRESENTATIVES OF THE
     3  AMUSEMENT PARK OWNERS, ONE SHALL BE A REPRESENTATIVE OF THE
     4  STATE OR COUNTY FAIRS, ONE SHALL BE A MECHANICAL ENGINEER AND
     5  THREE SHALL REPRESENT THE PUBLIC. ONE OF THE PUBLIC MEMBERS
     6  SHALL BE DESIGNATED BY THE GOVERNOR AS THE CHAIRMAN.
     7     (C)  TERMS OF MEMBERS.--THE MEMBERS OF THE BOARD SHALL SERVE
     8  A TERM OF SIX YEARS, EXCEPT OF THE FIRST MEMBERS APPOINTED, OF
     9  THOSE REPRESENTING THE AMUSEMENT RIDE MANUFACTURERS, CARNIVAL
    10  OWNERS, AMUSEMENT PARK OWNERS AND STATE AND COUNTY FAIRS, ONE
    11  SHALL BE APPOINTED FOR THREE YEARS, ONE SHALL BE APPOINTED FOR
    12  FOUR YEARS, ONE SHALL BE APPOINTED FOR FIVE YEARS AND ONE SHALL
    13  BE APPOINTED FOR SIX YEARS AND THE MECHANICAL ENGINEER AND, OF
    14  THOSE MEMBERS REPRESENTING THE PUBLIC, ONE SHALL BE APPOINTED
    15  FOR FOUR YEARS, ONE SHALL BE APPOINTED FOR FIVE YEARS AND ONE
    16  SHALL BE APPOINTED FOR SIX YEARS. ALL MEMBERS SHALL SERVE UNTIL
    17  THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED. VACANCIES SHALL BE
    18  FILLED BY APPOINTMENT FOR THE UNEXPIRED TERM IN THE SAME MANNER
    19  AS THE ORIGINAL APPOINTMENTS.
    20     (D)  COMPENSATION.--THE MEMBERS OF THE BOARD WHEN ACTUALLY
    21  ENGAGED IN THE PERFORMANCE OF THEIR DUTIES SHALL RECEIVE A PER
    22  DIEM COMPENSATION OF $100 AND MILEAGE.
    23     (E)  REAPPOINTMENT.--ALL MEMBERS OF THE BOARD SHALL BE
    24  ELIGIBLE FOR REAPPOINTMENT.
    25  SECTION 6.  POWERS AND DUTIES OF BOARD.
    26     (A)  ADVISE AND CONSULT.--THE BOARD SHALL ADVISE, CONSULT,
    27  MAKE RECOMMENDATIONS AND PROPOSE REASONABLE RULES, REGULATIONS
    28  AND STANDARDS TO THE DEPARTMENT FOR THE PREVENTION OF CONDITIONS
    29  DETRIMENTAL TO THE PUBLIC IN THE USE OF AMUSEMENT RIDES AND
    30  ATTRACTIONS AS THE BOARD FINDS NECESSARY FOR THE PROTECTION AND
    19830S0298B1246                  - 9 -

     1  SAFETY OF THE PUBLIC UPON THE BASIS OF CIRCUMSTANTIAL EVIDENCE
     2  AND INFORMATION AVAILABLE TO OR DEVELOPED BY THE DEPARTMENT, OR
     3  UPON CIRCUMSTANTIAL EVIDENCE AND INFORMATION SUBMITTED BY ANY
     4  INTERESTED PERSON AT A PUBLIC HEARING HELD IN ACCORDANCE WITH
     5  SUBSECTION (B). THE DEPARTMENT SHALL MAKE SUCH RECOMMENDATIONS
     6  TO THE BOARD REGARDING RULES, REGULATIONS AND STANDARDS AS IT
     7  DEEMS NECESSARY TO CARRY OUT THE INTENT OF THIS ACT.
     8     (B)  HEARINGS.--THE BOARD SHALL HOLD PUBLIC HEARINGS AT SUCH
     9  TIME AND PLACE AS THE BOARD MAY SPECIFY TO CARRY OUT ITS
    10  RESPONSIBILITIES. ALL HEARINGS SHALL BE CONDUCTED PURSUANT TO
    11  THE ACT OF JULY 19, 1974 (P.L.486, NO.175), REFERRED TO AS THE
    12  PUBLIC AGENCY OPEN MEETING LAW.
    13     (C)  RECOMMENDATIONS.--THE BOARD SHALL SUBMIT TO THE
    14  DEPARTMENT ITS RECOMMENDATIONS CONCERNING PROPOSED RULES,
    15  REGULATIONS AND STANDARDS, TOGETHER WITH A REPORT, INDICATING
    16  THE NEED FOR THE PROPOSALS AND SUMMARIZING THE TESTIMONY
    17  PRESENTED AT ANY PUBLIC HEARING AND ANY OTHER INFORMATION OR
    18  TECHNICAL DATA AVAILABLE TO THE BOARD.
    19  SECTION 7.  INSPECTIONS.
    20     (A)  GENERAL RULE.--THE DEPARTMENT SHALL INSPECT ANY:
    21         (1)  AMUSEMENT PARK RIDE AND ATTRACTION ANNUALLY.
    22         (2)  FAIR AND CARNIVAL AMUSEMENT RIDE AND ATTRACTION
    23     BEFORE ITS OPERATION AT EACH NEW LOCATION.
    24         (3)  NEW OR MODIFIED AMUSEMENT RIDE AND ATTRACTION BEFORE
    25     ITS PUBLIC OPERATION COMMENCES.
    26     (B)  OWNER OR LESSEE.--AN OWNER OR LESSEE OF A NEW, MODIFIED
    27  OR RECONSTRUCTED AMUSEMENT RIDE OR ATTRACTION SHALL NOTIFY THE
    28  DEPARTMENT BEFORE BEGINNING OPERATION.
    29     (C)  NOTIFICATION.--AN OWNER OR LESSEE OF ANY FAIR OR
    30  CARNIVAL SHALL NOTIFY THE DEPARTMENT IN WRITING AT LEAST 30 DAYS
    19830S0298B1246                 - 10 -

     1  BEFORE THE OPENING OF THE CARNIVAL OR FAIR AT EACH LOCATION. IF,
     2  AFTER THE NOTIFICATION, THE OWNER OR LESSEE CHANGES HIS SCHEDULE
     3  OF LOCATIONS OR DATES, HE IMMEDIATELY SHALL NOTIFY THE
     4  DEPARTMENT OF THE CHANGE.
     5     (D)  AMUSEMENT PARKS.--IF AN INSPECTION DISCLOSES THAT AN
     6  AMUSEMENT RIDE OR ATTRACTION LOCATED IN AN AMUSEMENT PARK
     7  COMPLIES WITH ALL RELEVANT PROVISIONS OF THIS ACT AND THE
     8  ADOPTED STANDARDS AND REGULATIONS, THE DEPARTMENT SHALL ISSUE A
     9  CERTIFICATE OF INSPECTION FOR EACH RIDE TO ITS OWNER OR LESSEE.
    10  THE CERTIFICATE SHALL BE VALID FOR NOT MORE THAN ONE YEAR FROM
    11  THE DATE OF ISSUANCE AND SHALL BE POSTED, IN PLAIN VIEW, ON THE
    12  AMUSEMENT RIDE OR ATTRACTION.
    13     (E)  CARNIVALS.--IF AN INSPECTION DISCLOSES THAT A FAIR OR
    14  CARNIVAL AMUSEMENT RIDE OR ATTRACTION COMPLIES WITH ALL RELEVANT
    15  PROVISIONS OF THIS ACT AND THE ADOPTED STANDARDS AND
    16  REGULATIONS, THE DEPARTMENT SHALL ISSUE A CERTIFICATE OF
    17  INSPECTION TO ITS OWNER OR LESSEE. THE CERTIFICATE SHALL BE
    18  VALID FOR NOT MORE THAN 30 DAYS AND SHALL BE POSTED, IN PLAIN
    19  VIEW, ON THE AMUSEMENT RIDE OR ATTRACTION.
    20     (F)  ISSUANCE.--EXCEPT FOR THE PURPOSES OF TESTING AND
    21  INSPECTION, AN AMUSEMENT RIDE OR ATTRACTION SHALL NOT BE
    22  OPERATED UNTIL A CERTIFICATE OF INSPECTION HAS BEEN ISSUED BY
    23  THE DEPARTMENT.
    24     (G)  INVESTIGATION.--THE DEPARTMENT SHALL INSPECT AND
    25  INVESTIGATE, UPON NOTIFICATION OR INFORMATION, ACCIDENTS OR
    26  COMPLAINTS INVOLVING ANY AMUSEMENT RIDE OR ATTRACTION.
    27  SECTION 8.  VARIANCES.
    28     (A)  APPLICATION.--ANY AFFECTED OWNER OR LESSEE OF AMUSEMENT
    29  RIDES OR ATTRACTIONS MAY APPLY IN WRITING TO THE DEPARTMENT FOR
    30  AN ORDER FOR A VARIANCE FROM ANY RULE, REGULATION OR STANDARD.
    19830S0298B1246                 - 11 -

     1     (B)  EXCEPTIONS.--THE SECRETARY MAY GRANT EXCEPTIONS FROM THE
     2  RULES, REGULATIONS AND STANDARDS ADOPTED BY THE DEPARTMENT
     3  PURSUANT TO THIS ACT IF:
     4         (1)  IT IS EVIDENT THAT ACTION IS NECESSARY TO PREVENT
     5     UNDUE HARDSHIP; OR
     6         (2)  EXISTING CONDITIONS PREVENT PRACTICAL COMPLIANCE AND
     7     REASONABLE SAFETY OF THE PUBLIC CAN, IN THE OPINION OF THE
     8     SECRETARY, BE ASSURED.
     9  SECTION 9.  NOTICE OF VIOLATION.
    10     (A)  VIOLATION.--IF, AFTER INSPECTION OR INVESTIGATION OF ANY
    11  AMUSEMENT RIDE OR ATTRACTION, AN AUTHORIZED INSPECTOR DETERMINES
    12  THAT THE AMUSEMENT RIDE OR ATTRACTION IS IN VIOLATION OF ANY
    13  RULE, REGULATION OR STANDARD AND THAT THERE IS A SUBSTANTIAL
    14  PROBABILITY OF DEATH OR SERIOUS PHYSICAL INJURY TO THE PUBLIC
    15  FROM ITS CONTINUED USE, NOTICE OF THE DETERMINATION SHALL BE
    16  GIVEN IN WRITING TO THE OWNER OR LESSEE OF THE AMUSEMENT RIDE OR
    17  ATTRACTION. A COPY OF THE NOTICE SHALL BE ATTACHED TO THE
    18  AMUSEMENT RIDE OR ATTRACTION. AFTER THE NOTICE OF VIOLATION IS
    19  ISSUED, THE USE OF THE AMUSEMENT RIDE OR ATTRACTION SHALL BE
    20  PROHIBITED. THE NOTICE SHALL NOT BE REMOVED UNTIL THE AMUSEMENT
    21  RIDE OR ATTRACTION IS MADE SAFE FOR PUBLIC USE AND THE REQUIRED
    22  SAFEGUARDS ARE PROVIDED. THE NOTICE MAY NOT BE REMOVED EXCEPT BY
    23  AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT.
    24     (B)  APPEAL.--ANY PERSON AGGRIEVED BY A DECISION OF THE
    25  DEPARTMENT MAY APPEAL TO THE COMMONWEALTH COURT. THE FILING OF
    26  AN APPEAL DOES NOT STAY THE ORDER OF THE DEPARTMENT, EXCEPT THAT
    27  THE COURT, AFTER NOTICE TO THE DEPARTMENT AND HEARING, MAY GRANT
    28  A STAY CONDITIONED UPON THE APPELLANT POSTING SECURITY OR BOND
    29  AS THE COURT MAY DEEM PROPER.
    30  SECTION 10.  ISSUANCE OF CITATION FOR VIOLATION.
    19830S0298B1246                 - 12 -

     1     (A)  CITATION.--IF, AFTER INSPECTION OR INVESTIGATION, AN
     2  AUTHORIZED INSPECTOR FINDS THAT THIS ACT OR ANY RULE,
     3  REGULATION, STANDARD OR ORDER PROMULGATED AND ISSUED UNDER THIS
     4  ACT HAS BEEN VIOLATED, HE SHALL ISSUE A CITATION WITH REASONABLE
     5  PROMPTNESS TO THE OWNER OR LESSEE OF AN AMUSEMENT RIDE OR
     6  ATTRACTION AND SHALL DESCRIBE WITH PARTICULARITY THE NATURE OF
     7  THE VIOLATION INCLUDING A REFERENCE TO THE PROVISION OF THIS
     8  ACT, RULE, REGULATION, STANDARD OR ORDER ALLEGED TO HAVE BEEN
     9  VIOLATED. IN ADDITION, THE CITATION SHALL SET A REASONABLE TIME
    10  FOR THE ABATEMENT AND CORRECTION OF THE VIOLATION.
    11     (B)  POSTING.--A CITATION ISSUED UNDER THIS ACT, OR ITS COPY,
    12  SHALL BE PROMINENTLY POSTED AT OR NEAR EACH PLACE A VIOLATION
    13  REFERRED TO IN THE CITATION HAS ALLEGEDLY OCCURRED.
    14     (C)  TIME LIMIT.--A CITATION MAY NOT BE ISSUED AFTER THE
    15  EXPIRATION OF THREE MONTHS FOLLOWING THE ALLEGED VIOLATION.
    16  SECTION 11.  NOTICE OF ISSUANCE OF CITATION.
    17     (A)  GENERAL RULE.-- IF, AFTER AN INSPECTION AND
    18  INVESTIGATION, THE DEPARTMENT ISSUES A CITATION, IT, WITHIN A
    19  REASONABLE TIME AFTER THE DATE OF ISSUANCE, SHALL NOTIFY THE
    20  OWNER OR LESSEE OF THE AFFECTED AMUSEMENT RIDE OR ATTRACTION, BY
    21  CERTIFIED MAIL, OF THE ISSUANCE OF THE CITATION, OF ANY PROPOSED
    22  CIVIL PENALTY ASSESSED UNDER THIS ACT AND THAT THE OWNER OR
    23  LESSEE HAS 15 WORKING DAYS WITHIN WHICH TO NOTIFY THE DEPARTMENT
    24  IN WRITING THAT HE WISHES TO CONTEST THE CITATION OR PROPOSED
    25  ASSESSMENT OF A PENALTY.
    26     (B)  FAILURE TO CONTEST CITATION OR ASSESSMENT.--IF, WITHIN
    27  15 WORKING DAYS FROM THE RECEIPT OF THE NOTICE ISSUED BY THE
    28  DEPARTMENT, THE OWNER OR LESSEE OF THE AFFECTED AMUSEMENT RIDE
    29  OR ATTRACTION DOES NOT NOTIFY THE DEPARTMENT THAT HE INTENDS TO
    30  CONTEST THE CITATION OR ASSESSMENT OR A PENALTY, THE CITATION
    19830S0298B1246                 - 13 -

     1  AND ASSESSMENT SHALL BECOME FINAL.
     2  SECTION 12.  NOTICE OF FAILURE TO CORRECT VIOLATION.
     3     (A)  NOTIFICATION.--IF THE SECRETARY HAS REASON TO BELIEVE
     4  THAT AN OWNER OR LESSEE OF AN AMUSEMENT RIDE OR ATTRACTION HAS
     5  NOT CORRECTED A VIOLATION FOR WHICH A CITATION HAS BEEN ISSUED
     6  WITHIN THE PERIOD PERMITTED FOR ITS CORRECTION, THE SECRETARY
     7  SHALL NOTIFY THE OWNER OR LESSEE BY CERTIFIED MAIL:
     8         (1)  OF THE FAILURE TO CORRECT THE VIOLATION AND PAY ANY
     9     PENALTY.
    10         (2)  THAT THE OWNER OR LESSEE HAS 15 WORKING DAYS WITHIN
    11     WHICH TO NOTIFY THE DEPARTMENT IN WRITING THAT HE WISHES TO
    12     CONTEST THE SECRETARY'S NOTIFICATION OR THE ASSESSED PENALTY.
    13     (B)  PENALTY.--IF WITHIN 15 WORKING DAYS FROM THE RECEIPT OF
    14  NOTIFICATION ISSUED BY THE DEPARTMENT, THE OWNER OR LESSEE DOES
    15  NOT NOTIFY THE DEPARTMENT OF HIS INTENTION TO CONTEST THE
    16  NOTIFICATION OR THE ASSESSED PENALTY, THE NOTIFICATION AND
    17  PENALTY SHALL BECOME FINAL.
    18  SECTION 13.  HEARINGS.
    19     (A)  HEARING.--WHENEVER AN OWNER OR LESSEE OF AN AMUSEMENT
    20  RIDE OR ATTRACTION NOTIFIES THE DEPARTMENT IN WRITING THAT THE
    21  OWNER OR LESSEE INTENDS TO CONTEST ANY CITATION OR NOTICE ISSUED
    22  PURSUANT TO SECTION 10, 11 OR 12, THE SECRETARY SHALL GRANT A
    23  HEARING WITHIN 30 DAYS AFTER RECEIPT OF NOTIFICATION BY THE
    24  DEPARTMENT.
    25     (B)  HEARING EXAMINER.--THE SECRETARY MAY APPOINT A HEARING
    26  EXAMINER TO CONDUCT HEARINGS AND MAKE DETERMINATIONS UPON ANY
    27  PROCEEDING INSTITUTED BEFORE THE SECRETARY AND ANY MOTION IN
    28  CONNECTION THEREWITH. THE HEARING EXAMINER SHALL PREPARE AN
    29  OFFICIAL RECORD WITH TESTIMONY AND REPORT HIS DETERMINATION IN
    30  WRITING.
    19830S0298B1246                 - 14 -

     1     (C)  REPORT.--THE REPORT OF THE HEARING EXAMINER SHALL BECOME
     2  FINAL UNLESS, WITHIN 20 WORKING DAYS AFTER IT IS ISSUED, ANY
     3  AFFECTED OWNER OR LESSEE REQUESTS IN WRITING A REVIEW BY THE
     4  SECRETARY OF THE PROCEEDINGS BEFORE THE HEARING EXAMINER.
     5     (D)  ORDER.--AFTER A REVIEW OF THE PROCEEDINGS THE SECRETARY
     6  SHALL, WITH OR WITHOUT A HEARING, ISSUE AN ORDER, AFFIRMING,
     7  MODIFYING OR VACATING THE CITATION OR CIVIL PENALTY, OR
     8  DIRECTING OTHER APPROPRIATE RELIEF. THE SECRETARY'S ORDER SHALL
     9  BECOME FINAL 15 DAYS AFTER ITS ISSUANCE.
    10     (E)  ABATEMENT.--AFTER AN OPPORTUNITY FOR HEARING AS PROVIDED
    11  IN THIS SECTION, THE SECRETARY, UPON A SHOWING BY AN AMUSEMENT
    12  RIDE OR ATTRACTION OWNER OR LESSEE OF A GOOD FAITH EFFORT TO
    13  COMPLY WITH THE ABATEMENT REQUIREMENTS OF A CITATION, MAY ISSUE
    14  AN ORDER AFFIRMING OR MODIFYING THE ABATEMENT REQUIREMENTS IN
    15  THE CITATION.
    16  SECTION 14.  APPEALS.
    17     ANY PERSON ADVERSELY AFFECTED OR AGGRIEVED BY ANY RULE,
    18  REGULATION, STANDARD OR ORDER OF THE DEPARTMENT ISSUED UNDER
    19  THIS ACT MAY APPEAL TO THE COMMONWEALTH COURT. THE COMMENCEMENT
    20  OF APPELLATE PROCEEDINGS DOES NOT OPERATE AS A STAY OF ANY RULE,
    21  REGULATION, STANDARD OR ORDER ISSUED BY THE DEPARTMENT OR
    22  SECRETARY UNDER THE PROVISIONS OF THIS ACT, EXCEPT THAT THE
    23  COURT, AFTER NOTICE TO THE DEPARTMENT AND HEARING, MAY GRANT A
    24  STAY CONDITIONED UPON THE APPELLANT POSTING SECURITY OR BOND AS
    25  THE COURT MAY DEEM PROPER.
    26  SECTION 15.  RECORDS.
    27     (A)  OWNER OR LESSEE.--EVERY OWNER OR LESSEE OF AMUSEMENT
    28  RIDES OR ATTRACTIONS OPERATED IN THIS COMMONWEALTH SHALL:
    29         (1)  MAKE, KEEP AND PRESERVE AND MAKE AVAILABLE TO THE
    30     DEPARTMENT FOR INSPECTION RECORDS RELATING TO HIS ACTIVITIES
    19830S0298B1246                 - 15 -

     1     WITH REGARD TO THIS ACT.
     2         (2)  MAINTAIN ACCURATE RECORDS OF AND MAKE PERIODIC
     3     REPORTS ON INJURIES TO THE PUBLIC INCURRED IN THE USE OF AN
     4     AMUSEMENT RIDE OR ATTRACTION OTHER THAN MINOR INJURIES
     5     REQUIRING ONLY FIRST-AID TREATMENT AND WHICH DO NOT INVOLVE
     6     MEDICAL TREATMENT OR LOSS OF CONSCIOUSNESS.
     7         (3)  ON THE BASIS OF THE RECORDS MADE AND KEPT, FILE
     8     REPORTS WITH THE DEPARTMENT.
     9     (B)  REPORTS.--NOTWITHSTANDING ANY OTHER PROVISION OF THIS
    10  SECTION, EVERY OWNER OR LESSEE OF AN AMUSEMENT RIDE OR
    11  ATTRACTION SHALL REPORT, IN WRITING OR ORALLY, TO THE
    12  DEPARTMENT, WITHIN 72 HOURS, THE OCCURRENCE OF ANY ACCIDENT,
    13  OTHER THAN THOSE REQUIRING ONLY MINOR FIRST AID, RESULTING IN
    14  SERIOUS INJURY OR DEATH SUFFERED DURING THE OPERATION OF ANY
    15  AMUSEMENT RIDE OR ATTRACTION. WHEN A SERIOUS PHYSICAL INJURY OR
    16  DEATH OCCURS AS A RESULT OF THE OPERATION OF AN AMUSEMENT RIDE
    17  OR ATTRACTION, THE OPERATOR SHALL IMMEDIATELY CLOSE THE RIDE OR
    18  ATTRACTION UNTIL IT HAS BEEN INSPECTED. THE DEPARTMENT SHALL
    19  INSPECT THE RIDE OR ATTRACTION WITHIN 24 HOURS AFTER RECEIVING
    20  NOTIFICATION OF AN ACCIDENT.
    21  SECTION 16.  INSURANCE.
    22     (A)  MINIMUM.--AN AMUSEMENT RIDE OR ATTRACTION MAY NOT
    23  OPERATE UNLESS THE OWNER OR LESSEE OF THE RIDE OR ATTRACTION HAS
    24  PURCHASED INSURANCE IN AN AMOUNT OF NOT LESS THAN $300,000
    25  AGAINST LIABILITY FOR INJURY TO PERSONS ARISING OUT OF THE USE
    26  OF THE AMUSEMENT RIDE OR ATTRACTION.
    27     (B)  POLICY.--THE INSURANCE POLICY SHALL BE PROCURED FROM ANY
    28  INSURER THAT IS ACCEPTABLE TO THE INSURANCE COMMISSIONER.
    29     (C)  CERTIFICATE.--A CERTIFICATE OF INSURANCE SHALL BE
    30  FURNISHED TO THE DEPARTMENT PRIOR TO THE ISSUANCE OF A
    19830S0298B1246                 - 16 -

     1  CERTIFICATE OF INSPECTION.
     2  SECTION 17.  CIVIL PENALTIES.
     3     (A)  SERIOUS VIOLATIONS.--
     4         (1)  ANY PERSON WHO OPERATES AN AMUSEMENT RIDE OR
     5     ATTRACTION WITHOUT A CERTIFICATE OF INSPECTION FROM THE
     6     DEPARTMENT OR WHO WILLFULLY OR REPEATEDLY VIOLATES ANY
     7     PROVISION OF THIS ACT OR ANY RULE, REGULATION, STANDARD OR
     8     ORDER PROMULGATED PURSUANT TO THIS ACT IS SUBJECT TO A CIVIL
     9     PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION.
    10         (2)  ANY OWNER OR LESSEE OF AN AMUSEMENT RIDE OR
    11     ATTRACTION WHO HAS RECEIVED A CITATION FOR A SERIOUS
    12     VIOLATION OF ANY PROVISION OF THIS ACT OR ANY RULE,
    13     REGULATION, STANDARD OR ORDER PROMULGATED PURSUANT TO THIS
    14     ACT IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED $1,000 FOR
    15     EACH VIOLATION.
    16         (3)  FOR THE PURPOSES OF THIS SUBSECTION, A SERIOUS
    17     VIOLATION SHALL BE DEEMED TO EXIST IF THERE IS A SUBSTANTIAL
    18     PROBABILITY OF DEATH OR SERIOUS PHYSICAL INJURY TO THE
    19     MEMBERS OF THE PUBLIC FROM AN UNSAFE CONDITION OR FROM ONE OR
    20     MORE PRACTICES, MEANS OR METHODS OF OPERATION WHICH ARE IN
    21     USE BY THE OWNER OR LESSEE OF AN AMUSEMENT RIDE OR ATTRACTION
    22     UNLESS SUCH OWNER OR LESSEE DID NOT AND COULD NOT WITH THE
    23     EXERCISE OF REASONABLE DILIGENCE, KNOW OF THE PRESENCE OF THE
    24     VIOLATION.
    25     (B)  NONSERIOUS VIOLATIONS.--ANY OWNER OR LESSEE OF AN
    26  AMUSEMENT RIDE OR ATTRACTION WHO HAS RECEIVED A CITATION FOR A
    27  VIOLATION OF ANY PROVISION OF THIS ACT OR ANY RULE, REGULATION,
    28  STANDARD OR ORDER PROMULGATED PURSUANT TO THIS ACT WHERE THE
    29  VIOLATION IS SPECIFICALLY DETERMINED NOT TO BE OF A SERIOUS
    30  NATURE IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED $500 FOR EACH
    19830S0298B1246                 - 17 -

     1  VIOLATION.
     2     (C)  CITATION VIOLATION.--ANY OWNER OR LESSEE OF AN AMUSEMENT
     3  RIDE OR ATTRACTION WHO DOES NOT CORRECT A VIOLATION FOR WHICH A
     4  CITATION HAS BEEN ISSUED WITHIN THE PERIOD PERMITTED FOR ITS
     5  CORRECTION IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED $500 FOR
     6  EACH DAY DURING WHICH THE VIOLATION CONTINUES.
     7     (D)  POSTING.--ANY OWNER OR LESSEE OF AN AMUSEMENT RIDE OR
     8  ATTRACTION WHO VIOLATES ANY OF THE POSTING REQUIREMENTS, AS
     9  PRESCRIBED UNDER THE PROVISIONS OF THIS ACT, IS SUBJECT TO A
    10  CIVIL PENALTY NOT TO EXCEED $500 FOR EACH VIOLATION.
    11     (E)  FACTORS.--UNDER THIS ACT THE SECRETARY SHALL, IN
    12  ASSESSING PENALTIES, GIVE DUE CONSIDERATION TO THE
    13  APPROPRIATENESS OF THE PENALTY WITH RESPECT TO THE SIZE OF THE
    14  BUSINESS OF THE AMUSEMENT RIDE OR ATTRACTION OWNER OR LESSEE
    15  BEING CHARGED, THE GRAVITY OF THE VIOLATION, THE GOOD FAITH OF
    16  THE OWNER OR LESSEE AND THE OWNER'S OR LESSEE'S HISTORY OF
    17  PREVIOUS VIOLATIONS.
    18  SECTION 18.  CRIMINAL PENALTIES.
    19     (A)  VIOLATIONS RESULTING IN DEATH.--ANY OWNER OR LESSEE OF
    20  AN AMUSEMENT RIDE OR ATTRACTION WHO WILLFULLY VIOLATES ANY
    21  PROVISION OF THIS ACT OR ANY RULE, REGULATION, STANDARD OR ORDER
    22  PROMULGATED PURSUANT TO THIS ACT, WHERE THE VIOLATION CAUSES
    23  DEATH TO ANY MEMBER OF THE PUBLIC EXPOSED TO THE VIOLATION,
    24  COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON
    25  CONVICTION, BE SENTENCED TO PAY A FINE NOT EXCEEDING $2,500 OR
    26  TO A TERM OF IMPRISONMENT NOT EXCEEDING SIX MONTHS, OR BOTH. IF
    27  THE CONVICTION IS FOR A VIOLATION COMMITTED AFTER A FIRST
    28  CONVICTION, THE OFFENDER SHALL BE SENTENCED TO PAY A FINE NOT
    29  EXCEEDING $5,000 OR TO A TERM OF IMPRISONMENT NOT EXCEEDING ONE
    30  YEAR, OR BOTH.
    19830S0298B1246                 - 18 -

     1     (B)  FALSE REPRESENTATIONS.--A PERSON WHO KNOWINGLY MAKES ANY
     2  FALSE STATEMENT, REPRESENTATION OR CERTIFICATION IN ANY
     3  APPLICATION, RECORD, REPORT, PLAN OR OTHER DOCUMENT FILED OR
     4  REQUIRED TO BE MAINTAINED PURSUANT TO THIS ACT COMMITS A
     5  MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE
     6  SENTENCED TO PAY A FINE NOT EXCEEDING $2,500 OR TO A TERM OF
     7  IMPRISONMENT NOT EXCEEDING SIX MONTHS, OR BOTH.
     8  SECTION 19.  EFFECTIVE DATE.
     9     THIS ACT SHALL TAKE EFFECT IN 60 DAYS.














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