2005 Illinois Code - Chapter 430 Public Safety 430 ILCS 85/ Carnival and Amusement Rides Safety Act.
(430 ILCS 85/2‑1) (from Ch. 111 1/2, par. 4051)
Sec. 2‑1.
This Article shall be known and may be cited as the
"Carnival and Amusement Rides Safety Act".
(Source: P.A. 83‑1240.)
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(430 ILCS 85/2‑2) (from Ch. 111 1/2, par. 4052)
Sec. 2‑2. Definitions. As used in this Act, unless the context
otherwise requires:
1. "Director" means the Director of Labor or his or her designee.
2. "Department" means Department of Labor.
3. "Amusement Attraction" means an enclosed building or structure,
including electrical equipment which is an integral part of the building or
structure, through which people walk without the aid of any moving device,
that provides amusement, thrills or excitement at a fair or carnival,
except any such enclosed building or structure which is subject to the
jurisdiction of a local building code.
4. "Amusement ride" means:
(a) any mechanized device or combination of devices,
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including electrical equipment which is an integral part of the device or devices, which carries passengers along, around, or over a fixed or restricted course for the primary purpose of giving its passengers amusement, pleasure, thrills, or excitement;
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(b) any ski lift, rope tow, or other device used to
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(c) (blank);
(d) any dry slide over 20 feet in height, alpine
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slide, or toboggan slide;
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(e) any tram, open car, or combination of open cars
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or wagons pulled by a tractor or other motorized device which is not licensed by the Secretary of State, which may, but does not necessarily follow a fixed or restricted course, and is used primarily for the purpose of giving its passengers amusement, pleasure, thrills or excitement, and for which an individual fee is charged or a donation accepted with the exception of hayrack rides; or
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(f) any bungee cord or similar elastic device.
5. "Carnival" means an enterprise which offers amusement or entertainment
to the public by means of one or more amusement attractions or amusement rides.
6. "Fair" means an enterprise principally devoted to the exhibition of
products of agriculture or industry in connection with which
amusement rides or amusement attractions are operated.
7. "Operator" means a person, or the agent of a person, who owns or
controls or has the duty to control the operation of an amusement ride or
an amusement attraction at a carnival or fair. "Operator" includes an
agency of the State or any of its political subdivisions.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
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(430 ILCS 85/2‑3) (from Ch. 111 1/2, par. 4053)
Sec. 2‑3. There is hereby created the Carnival‑Amusement Safety Board,
hereafter in this Act referred to as the "Board", to consist of 8
members. One member shall be the Director. Seven members shall
be appointed by the Governor with the advice and consent of the Senate.
The term of members shall be 4 years, except that of those members initially
appointed by the Governor, 1 shall be appointed for 3 years and 1 shall
be appointed for 4 years, and of the members initially appointed pursuant
to this amendatory Act of 2006, 1 shall be appointed for 3 years. Of the
7 appointed members of the Board, 1 shall be an operator of amusement rides, 1 shall be a registered professional engineer, 1 shall represent the insurance industry, and 1 shall represent the general public. The Board shall advise the Department on carnival and amusement safety matters.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
(430 ILCS 85/2‑4) (from Ch. 111 1/2, par. 4054)
Sec. 2‑4. A majority of the 8 members of the Board constitutes a quorum. The Board shall meet at least twice yearly and at the call of the chairman
or by written request of at least 5 members. The Board shall elect a chairman
and such other officers as it deems necessary to perform its
duties between meetings and may hire such clerical and administrative help
as it deems necessary, to be paid out of the appropriation to the Board.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
(430 ILCS 85/2‑5) (from Ch. 111 1/2, par. 4055)
Sec. 2‑5.
The members of the Board who are appointed by the
Governor shall receive compensation for their
services at the rate of $36 per day for meeting days and shall be entitled
to actual and necessary expenses while conducting the business of the Board.
(Source: P.A. 83‑1240.)
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(430 ILCS 85/2‑6) (from Ch. 111 1/2, par. 4056)
Sec. 2‑6. The Director, with the consent of the Board, shall promulgate and formulate definitions, rules
and regulations for the safe installation, repair, maintenance, use, operation
and inspection of all amusement rides and amusement attractions as the
Director finds necessary for the protection of
the general public using amusement rides and amusement attractions. The rules shall be
based upon generally accepted engineering standards and shall be concerned
with, but not necessarily limited to, engineering force stresses, safety
devices, and preventive maintenance. Whenever such standards are available
in suitable form they may be incorporated by reference. The rules shall
provide for the reporting of accidents and injuries incurred from the operation
of amusement rides or amusement attractions.
In addition to the permit fee herein provided, the Director may promulgate
rules to establish a schedule of fees for inspections.
Before adopting, modifying or amending any rule consistent with and necessary
for the enforcement of this Act, the Director shall hold a
public hearing on the proposed rule, modification or amendment to a
rule. Any interested person may appear and be heard at the hearing, in person
or by agent or counsel. The Director shall give the news media notice of
each hearing at least 30 days in advance of the hearing date and shall make
available a copy of the proposed rule, or modification or amendment to a
rule to any person requesting same. The provisions of this Section are in
addition to all other existing requirements pertaining to the promulgation
of administrative rules and regulations.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
(430 ILCS 85/2‑7) (from Ch. 111 1/2, par. 4057)
Sec. 2‑7. The Director shall administer and enforce all provisions of
this Act and all codes, rules and regulations promulgated pursuant to this Act. The Director or his or her authorized representative has the authority to require by subpoena the attendance and testimony of witnesses and the production of all books, records, equipment, and other evidence relative to a matter under investigation or hearing. The subpoena shall be signed and issued by the Director or his or her authorized representative. If a person fails to comply with any subpoena lawfully issued under this Section or a witness refuses to produce evidence or testify to any matter regarding which he or she may be lawfully interrogated, the circuit court shall, upon application of the Director or his or her authorized representative, compel compliance by proceedings for contempt.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
(430 ILCS 85/2‑8) (from Ch. 111 1/2, par. 4058)
Sec. 2‑8. The Director, with the consent of the Board, shall determine a schedule of permit fees for each
amusement ride or amusement attraction.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
(430 ILCS 85/2‑9) (from Ch. 111 1/2, par. 4059)
Sec. 2‑9. The Department of Labor may hire inspectors to inspect
amusement rides and amusement attractions. The qualifications of amusement ride inspectors shall be established through regulation by the Director.
The chief amusement ride
inspector shall be licensed in Illinois as a professional engineer.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
(430 ILCS 85/2‑10) (from Ch. 111 1/2, par. 4060)
Sec. 2‑10.
No amusement ride or amusement attraction
shall be operated at a carnival or fair in this State
without a permit having been issued by the Director to an operator of such
equipment. On or before the first of May of each year, any person required
to obtain a permit by this Act shall apply to the Director for a permit
on a form furnished by the Director which form shall contain such information
as the Director may require. The Director may waive the requirement that
an application for a permit must be filed on or before
May 1 of each year if the applicant gives satisfactory proof to the Director
that he could not reasonably comply with the date requirement and if the
applicant immediately applies for a permit after the need for a permit is
first determined. For the purpose of determining if an amusement ride or
amusement attraction is in safe operating condition and will provide
protection to the public using such amusement ride or amusement attraction,
each amusement ride or amusement attraction shall be inspected by the
Director before it is initially placed in operation in this State, and
shall thereafter be inspected at least once each year.
If, after inspection, an amusement ride or amusement attraction is found
to comply with the rules adopted under this Act, the Director shall issue
a permit for the operation of the amusement ride or amusement attraction.
The permit shall be issued conditioned upon the payment of the permit fee
and any applicable inspection fee at the time the application for permit to
operate is
filed with the Department
and may be suspended as provided in the Department's rules.
If, after inspection, additions or alterations are contemplated which change
a structure, mechanism, classification or capacity, the operator shall notify
the Director of his intentions in writing and provide any plans or diagrams
requested by the Director.
(Source: P.A. 92‑26, eff. 1‑1‑02.)
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(430 ILCS 85/2‑11) (from Ch. 111 1/2, par. 4061)
Sec. 2‑11.
All fees collected under the provisions of this Act shall
be deposited in the General Revenue Fund of the State treasury.
(Source: P.A. 83‑1240.)
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(430 ILCS 85/2‑12) (from Ch. 111 1/2, par. 4062)
Sec. 2‑12. Order for cessation of operation of amusement ride or
attraction.
(a) The Director or an inspector hired by the Department of Labor
may order, in writing, a temporary and immediate cessation of operation of
any amusement ride or amusement attraction if it:
(1) has been determined after inspection to be
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(2) is in operation before the Director has issued a
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permit to operate such equipment; or
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(3) the owner or operator is not in compliance with
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the insurance requirements contained in Section 2‑14 of this Act and any rules or regulations adopted hereunder.
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(b) Operation of the
amusement ride or
amusement attraction shall not resume until:
(1) the unsafe or hazardous condition is corrected
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to the satisfaction of the Director or such inspector;
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(2) the Director has issued a permit to operate such
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(3) the owner or operator is in compliance with the
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insurance requirements contained in Section 2‑14 of this Act and any rules or regulations adopted hereunder, respectively.
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(Source: P.A. 94‑801, eff. 5‑25‑06.)
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(430 ILCS 85/2‑13) (from Ch. 111 1/2, par. 4063)
Sec. 2‑13. Judicial review of action of the Director may be
sought pursuant to the Administrative Review Law.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
(430 ILCS 85/2‑14) (from Ch. 111 1/2, par. 4064)
Sec. 2‑14. (1) Except as provided in subsection (2) of this
Section no person shall operate an amusement ride or attraction unless
there is in force: (a) a liability insurance policy
or policies in an aggregate amount of not less than $100,000 for bodily
injury to or death of one person in any one accident, and, subject to the
limit for one person, in an amount of not less than $1,000,000 for bodily
injury to or death of two or more persons in any one accident, and in an
amount of not less than $50,000 for injury to or destruction of property
of others in any one accident, insuring the operator against liability for
injury or death suffered by a person attending a fair or carnival; or (b) a
bond in like amount, the aggregate liability of the surety of which shall
not exceed the face amount thereof; or (c) a deposit with the Illinois Department of Labor of cash
or other security acceptable to the Director.
(2) With respect to the operation of an amusement ride or attraction
under this Act for a
carnival located at a permanent site which has 5 or fewer amusement rides,
none of which operates at a height exceeding 8 feet, the insurance policy,
bond, or cash or security deposit amount required for bodily injury to or
death of 2 or more persons in any one accident shall be not less than $500,000.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
(430 ILCS 85/2‑15) (from Ch. 111 1/2, par. 4065)
Sec. 2‑15. Penalties.
1. Any person who operates an amusement ride or amusement attraction at
a carnival or fair without having obtained
a permit from the Director or who violates any order or rule issued by the
Director under this Act is guilty of a Class A misdemeanor. Each
day shall constitute a separate and distinct offense.
2. Any person who interferes with, impedes, or obstructs in any manner
the Director or any authorized representative of the Department
in the performance of their duties under this Act is guilty
of a Class A misdemeanor.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
(430 ILCS 85/2‑15.1) (from Ch. 111 1/2, par. 4065.1)
Sec. 2‑15.1.
Any person or entity contracting with an operator for the
provision of an amusement ride or amusement attraction shall inform the
Department of the name and address of the operator, as well as
the dates on which the amusement ride or amusement attraction will be
operated pursuant to the contract and the location at which such ride or
attraction will be so operated.
(Source: P.A. 84‑533.)
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(430 ILCS 85/2‑16) (from Ch. 111 1/2, par. 4066)
Sec. 2‑16.
Exemptions.
The following amusement rides or amusement
attractions are exempt from the provisions of this Act:
Any amusement ride or amusement attraction which is owned or operated
by a non‑profit religious, educational or charitable institution or association
if such amusement ride or amusement attraction is located within a building
subject to inspection
by the state fire marshal or by any political subdivisions of the State
under its building, fire, electrical, and related public safety ordinances.
(Source: P.A. 83‑1240.)
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(430 ILCS 85/2‑17) (from Ch. 111 1/2, par. 4067)
Sec. 2‑17.
A municipality within its corporate limits and a county
within unincorporated areas within its boundaries may inspect, license or regulate
any amusement ride or amusement attraction operated at a carnival or fair,
provided that any safety standards or regulations implemented by a
municipality or county in connection therewith shall be at least as
stringent as those provided for in this Act and the rules and regulations
adopted hereunder. Any municipality or county which inspects, licenses, or
otherwise regulates amusement rides or amusement attractions may impose
reasonable fees to cover the costs thereof.
(Source: P.A. 83‑1240.)
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(430 ILCS 85/2‑18) (from Ch. 111 1/2, par. 4068)
Sec. 2‑18. Waiver of inspection. The Director may waive the requirement
that an amusement ride or amusement attraction or any part thereof be
inspected before being operated, and may waive any applicable fees for inspection, if an
operator gives satisfactory proof to the Director that the amusement ride
or amusement attraction or any part thereof has passed an inspection
conducted by a public or private agency whose inspection standards and
requirements are at least equal to those requirements and standards
established by the Department under the provisions of this Act. The annual
permit fees shall be paid before the Director may waive this requirement.
(Source: P.A. 94‑801, eff. 5‑25‑06.)
(430 ILCS 85/2‑19) (from Ch. 111 1/2, par. 4069)
Sec. 2‑19.
The owner or operator of an amusement ride or amusement
attraction may deny entry to a person to an amusement ride or amusement
attraction if, in the owner's or operator's opinion, the entry may
jeopardize the safety of such person or the safety of any other person.
Nothing in this Section will permit an owner or operator to deny an
inspector access to an amusement ride or amusement attraction when such
inspector is acting within the scope of his duties under this Act.
(Source: P.A. 83‑1240.)
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