2012 New York Consolidated Laws
LAB - Labor
Article 27 - (870-A - 870-O) CARNIVAL, FAIR AND AMUSEMENT PARK SAFETY
870-E - Inspections.

 
    §  870-e.  Inspections.  Before  a permit may be issued as provided in
  section eight hundred seventy-d of this article, an  inspection  of  the
  amusement device, viewing stand or tent shall be made in compliance with
  the  procedures set by the commissioner. Such inspection shall have been
  conducted within one year prior to the permit application,  unless  such
  period shall have been extended by operation of subdivision four of this
  section.
    1.  In  the  case  of  a  permanent device, viewing stand or tent, the
  amusement device, viewing  stand  or  tent  must  be  inspected  by  the
  commissioner  or  his  authorized  representative, or in the city of New
  York, by the building department, at the time  of  application  for  the
  initial  permit.  In  the  case  of  an  amusement  device deemed by the
  commissioner to  normally  be  operated  at  speeds  or  with  movements
  creating  severe  centrifugal  forces,  the owner or operator making the
  permit application for such device shall have available  for  inspection
  such recommended maintenance and safety schedules or requirements as are
  supplied  by the manufacturer of the device. An initial operating permit
  shall not be granted in the absence of these documents. Thereafter,  the
  amusement  device,  viewing  stand  or  tent  must be inspected at least
  annually by  a  licensed  architect,  professional  engineer,  qualified
  inspector  of  an insurance underwriter, or an inspector approved by the
  commissioner as a  requirement  for  the  issuance  of  each  subsequent
  permit. Such inspection shall at minimum comply with the requirements of
  the  commissioner,  provided  that for amusement devices, at the time of
  each such annual inspection, the owner or operator of such device  shall
  have  available  for  inspection such recommended maintenance and safety
  schedules or requirements as are supplied by  the  manufacturer  of  the
  device  and shall have available documentation that such maintenance and
  testing as are called for by the device manufacturer have been performed
  during the term covered by the previous operating permit. No  subsequent
  operating  permit shall be granted in the absence of these documents. An
  affidavit of the annual inspection shall be filed with the commissioner.
    2. In the case of a temporary device,  viewing  stand  or  tent,  upon
  first  entry into the state, the amusement device, viewing stand or tent
  must be inspected by the commissioner or his  authorized  representative
  for the permit to be issued. In the case of a temporary amusement device
  deemed  by  the  commissioner  to  normally  operate  at  speeds or with
  movements creating severe  centrifugal  forces  the  owner  or  operator
  making  the  permit application for such device shall have available for
  inspection  such  recommended  maintenance  and  safety   schedules   or
  requirements  as  are  supplied  by  the  manufacturer of the device. An
  operating permit shall not be granted in the absence of these documents.
  Thereafter,  the  amusement  device,  viewing  stand  or  tent  must  be
  inspected  at  least  annually  by  a  licensed  architect, professional
  engineer,  qualified  inspector  of  an  insurance  underwriter,  or  an
  inspector approved by the commissioner as a requirement for the issuance
  of  each subsequent permit. Such inspection shall at minimum comply with
  the requirements  of  the  commissioner,  provided  that  for  amusement
  devices,  at  the  time  of  each  such  annual inspection, the owner or
  operator of  such  device  shall  have  available  for  inspection  such
  recommended  maintenance  and  safety  schedules  or requirements as are
  supplied by the manufacturer of the  device  and  shall  have  available
  documentation that such maintenance and testing as are called for by the
  device  manufacturer  have been performed during the term covered by the
  previous operating permit.  No  subsequent  operating  permit  shall  be
  granted  in  the  absence of these documents. An affidavit of the annual
  inspection shall be filed with the commissioner.

    2-a. Where such maintenance and safety schedules as are called for  in
  subdivisions  one  and  two  of  this  section  do  not exist or are not
  available due to circumstances  beyond  the  control  of  the  owner  or
  operator of an amusement device, the owner or operator shall, within six
  months  of the discovery of the unavailability of such standards, submit
  to  the  commissioner  a  proposed  schedule  of  maintenance  for  that
  amusement  device  consistent  with  the  standards  for the testing and
  maintenance of such devices established in accordance with the rules and
  regulations promulgated pursuant to subdivision six of this section  and
  shall  henceforth  be the schedule with which the owner or operator must
  comply to qualify for annual operating permits.
    2-b. None of the provisions contained in  subdivision  two-a  of  this
  section  shall  be interpreted as to prevent the owner or operator of an
  amusement device from receiving an annual permit to operate such  device
  during the proposed maintenance schedule submission process described in
  such  subdivision  provided  that  such  owner or operator meets all the
  requirements for an annual operating permit as they exist prior  to  the
  effective date of this subdivision.
    2-c.  The owner or operator of an amusement device shall conspicuously
  post a sign containing safety guidelines to be followed by patrons while
  on or in the amusement device  and  behavior  or  activities  which  are
  prohibited as threats either to the patrons themselves, other patrons or
  the  general  public.  Such  signs shall contain warnings that there are
  inherent risks in the participation in or on the amusement device, since
  it is recognized that participation in or on the device may be hazardous
  regardless of all feasible safety measures that can be undertaken by the
  device owner or operator; and that there is a duty for  the  patrons  to
  become  apprised of the warnings and the risks inherent in participation
  in or on the amusement device if the warnings are not obeyed.  Prior  to
  participating  in or on such amusement device, patrons shall familiarize
  themselves with the posted safety warnings so  that  they  may  make  an
  informed  decision  of  whether  to  participate  in  or  on  the device
  notwithstanding the risks.
    3. In the case of an amusement device, viewing stand or tent which  is
  substantially  rebuilt  or  substantially  modified  so as to change the
  structure, mechanism, or capacity of the device, viewing stand or  tent,
  the  owner  or  lessee shall give written notice to the commissioner who
  shall cause the device, viewing stand or tent to be inspected  prior  to
  the  time  in  which  it  is  put into operation and who shall cause any
  current permit to be updated so as to include any modifications made  to
  the device, viewing stand or tent.
    4.  In  the event an operator is unable to secure an inspection by his
  insurance carrier  within  one  year  from  the  date  of  the  previous
  inspection,  such previous inspection shall be deemed valid for purposes
  of this article for a period of thirty additional  days,  provided  such
  operator  made  an  inspection request to his insurance carrier at least
  sixty days prior to the inspection anniversary date.
    5. No amusement device, viewing stand or tent which fails to  pass  an
  inspection  shall  be  operated  for  public  use  until it has passed a
  subsequent inspection.
    6. The commissioner shall, in consultation with the carnival, fair and
  amusement park safety advisory board as established under section  eight
  hundred  seventy-n of this article, as added by a chapter of the laws of
  two thousand six, establish rules and  regulations  providing  standards
  for  the design, manufacture, testing, inspection, quality assurance and
  terminology of amusement devices. The rules and regulations  established
  pursuant  to  this  subdivision  shall  be  consistent with the national

  standards for amusement devices, as established by the American  Society
  of Testing and Materials.