A. The Commissioner of Labor shall determine the date and frequency of inspections based on the type of amusement ride. No permanent or temporary amusement device may operate without an initial inspection. On or before a date specified by the Commissioner of Labor, an operator or owner shall apply for a certificate of inspection on a form furnished by the Commissioner of Labor.
B. "Other amusement devices" as defined in Section 461 of this title shall be registered annually with the Department of Labor, and the owner or operator shall provide to the Department of Labor proof of insurance as provided under Section 467 of this title. The Commissioner of Labor may promulgate rules providing for registration of such devices.
C. The owner or operator may make application to the Commissioner for less frequent inspections than are required under subsection B of this section. The Commissioner, upon investigation and/or hearing of the matter, may grant a waiver, provided equal public safety is maintained. Such waiver shall provide specific requirements for inspection in lieu of the requirements of subsection B of this section. The Commissioner shall promulgate rules for the determination of a waiver provided such rules place an affirmative responsibility on the owner/operator for the preservation of public safety.
D. The Commissioner of Labor may cause the inspection herein provided for to be made by the Commissioner's safety inspectors or by any qualified amusement ride inspector employed by an insurance company.
E. If, after inspection, an amusement ride is found to comply with the rules and regulations of the Commissioner of Labor, the Commissioner of Labor shall issue a certificate of inspection which shall authorize the operator or owner to operate the rides.
Added by Laws 1982, c. 145, § 3, eff. Oct. 1, 1982. Amended by Laws 1994, c. 272, § 6, operative July 1, 1994; Laws 2017, c. 330, § 2, eff. Nov. 1, 2017.
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