247.234 Business identification number required -- Fee -- Liability insurance --
Inspections -- Injunction -- Pre-opening inspections.
(1) Every owner of an amusement ride or attraction shall be required to complete an
application for a business identification number on a form provided by the <br>department.
(2) No amusement ride or attraction shall be operated in this state without a business
identification number issued by the Commissioner to the owner of the equipment. <br>The business identification number shall be kept on site and viewable upon request.
(3) (a) The business identification number required by this section shall be valid for a
period of one (1) year and shall be issued in accordance with administrative <br>regulations promulgated by the Commissioner;
(b) A business identification number shall be issued to each owner to operate any
amusement ride or attraction in this state. An inspection fee, which shall be <br>determined by administrative regulations promulgated by the Commissioner, <br>shall be levied for each amusement ride or attraction. The fee shall be based <br>on the complexity of the ride or attraction and shall not be less than ten dollars <br>($10) nor more than five hundred dollars ($500). The cost of all inspections <br>shall be paid by the owner of the amusement ride or attraction and may be <br>prepaid, but shall be paid no later than the day of the inspection;
(c) The applicant shall furnish proof of liability insurance in effect on the
operation of each amusement ride or attraction providing coverage, with an <br>insurer authorized to issue a policy in this state, in the amount of not less than <br>five hundred thousand dollars ($500,000) due to all bodily injuries or deaths <br>per occurrence, or in lieu thereof, if the applicant's amusement ride or <br>amusement attraction is one that is permanently located or erected on a site in <br>this state, the applicant shall be required only to provide proof of financial <br>responsibility in the sum of five hundred thousand dollars ($500,000). Every <br>insurance carrier of these policies shall notify the Commissioner at least thirty <br>(30) days prior to cancellation of a policy for mobile amusement rides or <br>attractions and at least ten (10) days prior to cancellation of a policy for <br>permanent amusement rides or attractions. In addition to proof of adequate <br>insurance coverage, the applicant shall furnish any other information the <br>Commissioner may require, including but not limited to written notice of each <br>intended operating site to be received by the Commissioner at least fourteen <br>(14) days prior to operation at that site. In cases of emergency, notice of a <br>change in future plans may be given to the Commissioner by telephone. <br>Insurance requirements for amusement rides and attractions operated at the <br>Kentucky State Fair may be adjusted by the Commissioner to any amount <br>reasonably necessary to ensure adequate coverage;
(d) The Commissioner shall provide for an inspection of each amusement ride or
attraction before it may be operated in this state. The Commissioner shall <br>designate persons qualified by education or experience, who are capable of <br>determining amusement safety in accordance with administrative regulations
promulgated in accordance with KRS 247.232 to 247.236, as amusement <br>safety inspectors; and
(e) A Kentucky inspection seal shall be affixed to every individual amusement
ride or attraction, or other location as determined by the Commissioner, before <br>it may be operated in this state.
(4) (a) In addition to a mandatory initial inspection, required in subsection (3)(d) of
this section, the Commissioner may inspect amusement rides and attractions <br>without notice at any time while operating in this state. There will be no <br>charge for additional inspections in which safety violations are not found. In <br>regard to situations in which safety violations are found, the Commissioner <br>may charge an inspection fee not to exceed five hundred dollars ($500) for any <br>future inspection necessary. The corrections of these safety violations shall <br>comply with accepted standards of safety, and shall be accomplished prior to <br>operating the equipment in this state;
(b) In regard to situations in which safety violations are found that cannot be
corrected immediately, the amusement ride or attraction shall cease to operate <br>in this state by order of the amusement safety inspector. In addition, the <br>amusement safety inspector shall conspicuously post a public notice on or <br>near the amusement ride or attraction. The notice shall adequately inform the <br>public of the safety violation present. Only an amusement safety inspector <br>employed by the department may remove the public notice;
(c) Any owner who continues to operate an amusement ride or attraction after an
order to cease operation has been issued shall have his business identification <br>number revoked and may be subject to further penalties provided in KRS <br>247.233. In addition, the county attorney of each county and the <br>Commissioner of Agriculture or the Commissioner's agents are hereby <br>authorized to seek an injunction against the owner or operator of any <br>amusement ride or attraction being operated in violation of KRS 247.232 to <br>247.236; and
(d) Revenue generated by this section and KRS 247.233 shall be used for the
implementation and administration of KRS 247.232 to 247.236; the balance, <br>if any, shall not lapse but shall be carried forward to the next fiscal year.
(5) (a) An owner of an amusement ride or attraction shall:
1.
Conduct a pre-opening inspection and test of the ride or attraction prior <br>to admitting the public each day the ride or attraction is intended to be <br>used; and
2.
Maintain for at least the previous twelve (12) months a signed record of <br>the required pre-opening inspections and tests and any other pertinent <br>information as required by the Commissioner.
(b) The Commissioner may revoke the business identification number of any
owner who fails to conduct the required pre-opening inspections and tests or <br>to maintain the required reports.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 116, sec. 2, effective July 15, 2008. -- Amended
2006 Ky. Acts ch. 252, Pt. XXVI, sec. 2, effective January 1, 2007. -- Amended <br>2002 Ky. Acts ch. 268, sec. 2, effective July 15, 2002. -- Amended 1988 Ky. Acts <br>ch. 151, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 356, sec. 2, <br>effective April 9, 1986. -- Created 1984 Ky. Acts ch. 386, sec. 2, effective July 13, <br>1984.
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