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247.233 Occurrence involving amusement ride or attraction resulting in
death, significant injury, or damage affecting future safe operation.
(1)
(2)
(3)
(4)
(5)
(6)
The owner of any amusement ride or attraction shall, within twelve (12) hours,
notify the Commissioner of any occurrence involving an amusement ride or
attraction if the occurrence results in:
(a) Death;
(b) Injury requiring medical treatment other than first aid; or
(c) Damage to an amusement ride or attraction that affects the future safe
operation of the ride or attraction. Reporting is not required in the case of
normal wear and tear.
The Commissioner shall, after notification of an occurrence described in
subsection (1) of this section, make a complete and thorough investigation of
the occurrence. The report of the investigation shall be placed on file in the
department and shall give in detail all facts and information available. The
owner may submit results of investigations independent of the department's
investigation for inclusion in the file.
No person, following an occurrence described in subsection (1) of this section,
shall:
(a) Operate or move the amusement ride or attraction without the approval of
the Commissioner, unless necessary to prevent injury to a person; or
(b) Remove from the premises any damaged or undamaged part of the
amusement ride or attraction or attempt to repair any damaged part
before the department has completed its investigation. The department
shall initiate its investigation within twelve (12) hours of being notified.
The department may:
(a) Conduct hearings;
(b) Administratively subpoena and examine under oath persons whose
activities are subject to KRS 247.232 to 247.236;
(c) Issue administrative subpoenas and examine the business records,
books, and accounts of persons whose activities are subject to KRS
247.232 to 247.236; and
(d) Request any other information necessary to assist the department in
properly performing the department's duties.
The department shall have control of any incident scene involving an
amusement ride or attraction if there has been an occurrence described in
subsection (1) of this section. The department shall remain in control of the
scene until the department completes its investigation and releases the scene.
The department shall have access within twelve (12) hours to all documents or
records pertaining to the amusement ride or attraction.
(a) The department shall promulgate administrative regulations relating to
amusement rides and attractions that establish:
1.
A comprehensive set of administrative violations and civil penalties
not to exceed ten thousand dollars ($10,000); and
2.
The procedure for the suspension or revocation of any business
(b)
identification number, license, or other certificate issued by the
department.
No owner of an amusement ride or attraction shall remove the
amusement ride or attraction from the state before paying all civil
penalties imposed under this subsection.
Effective:July 15, 2008
History: Created 2008 Ky. Acts ch. 116, sec. 4, effective July 15, 2008.
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