The Moonwalk Forum is proud to bring our members the best the
industry has to offer! |
The following is a summary of Kansas's regulations as they pertain to the inflatable
industry along with links to the actual regulations. There may be city
or county regulations as well, check with your local government entity. State
contact information is listed at the bottom of the page.
|
44-1602. Inspections; issuance of certificates. .
|
(a) The
secretary shall adopt rules and regulations specifying
programs that issue certification or other evidence of
qualification to inspect amusement rides and that the
secretary determines require education, experience and
training at least equivalent to those required on the
effective date of this act for a level 1 certification
by the national association of amusement ride safety
officials. The secretary shall develop an inspection
check list which shall be posted on the department web
site.
(b) No amusement ride shall be operated in
this state unless such ride has a valid certificate of
inspection. An amusement ride erected at a permanent
location in this state shall be self-inspected by a
qualified inspector at least every 12 months. An
amusement ride erected at a temporary location in this
state shall have been self-inspected by a qualified
inspector within the preceding 30 days. The certificate
of an inspection required by this subsection shall be
signed and dated by the inspector and shall be available
to any person contracting with the owner for the
amusement ride's operation. In addition, a visible
inspection decal or other evidence of inspection shall
be posted in plain view on or near the amusement ride,
in a location where it can easily be seen.
(c) The secretary shall conduct random
inspections of amusement rides erected both at permanent
locations and at temporary locations. A warning citation
for violation of this act shall be issued against any
owner or operator for a first violation but no criminal
proceeding shall be brought. |
|
44-1603. Inspection records, maintenance.
|
(a) The secretary shall adopt rules and regulations
specifying programs that issue certification or other evidence of
qualification to inspect amusement rides and that the secretary determines
require education, experience and training at least equivalent to those
required on the effective date of this act for a level 1 certification by
the national association of amusement ride safety officials. The secretary
shall develop an inspection check list which shall be posted on the
department web site.
(b) No amusement ride shall be operated in this
state unless such ride has a valid certificate of inspection. An amusement
ride erected at a permanent location in this state shall be self-inspected
by a qualified inspector at least every 12 months. An amusement ride erected
at a temporary location in this state shall have been self-inspected by a
qualified inspector within the preceding 30 days. The certificate of an
inspection required by this subsection shall be signed and dated by the
inspector and shall be available to any person contracting with the owner
for the amusement ride's operation. In addition, a visible inspection decal
or other evidence of inspection shall be posted in plain view on or near the
amusement ride, in a location where it can easily be seen.
(c) The secretary shall conduct random inspections of amusement
rides erected both at permanent locations and at temporary locations. A
warning citation for violation of this act shall be issued against any owner
or operator for a first violation but no criminal proceeding shall be
brought. |
44-1604. Testing of amusement rides |
No amusement ride shall be operated in this state unless
nondestructive testing of the ride has been conducted in accordance with the
recommendations of the manufacturer of the ride and in conformance with
standards at least equivalent to those of the American society for testing
and materials that are in effect on the effective date of this act. |
44-1605. Required training for operators, certification |
(a) No amusement ride
shall be operated in this state unless the operator has
satisfactorily completed training that includes, at a
minimum:
(1) Instruction on operating procedures for
the ride, the specific duties of the operator, general
safety procedures and emergency procedures;
(2) demonstration of physical operation of
the ride; and
(3) supervised observation of the operator's
physical operation of the ride.
(b) No amusement ride shall be operated in
this state unless the name of each operator trained to
operate the ride and the certificate of each such
operator's satisfactory completion of such training,
signed and dated by the trainer, is available to any
person contracting with the owner for the amusement
ride's operation on the premises where the amusement
ride is operated, during the hours of operation of the
ride |
|
44-1606. Posting of safety instructions |
No amusement ride shall be operated in this state unless
there is posted in plain view on or near the ride, in a location where they
can be easily read, all safety instructions for the ride |
44-1607. Patrons of amusement rides, acceptance of risk, duties;
reports of injuries |
a) Each
patron of an amusement ride, by participation, accepts
the risks inherent in such participation of which an
ordinary prudent person is or should be aware.
(b) Each patron of an amusement ride has a
duty to:
(1) Exercise the judgment and act in the
manner of an ordinary prudent person while participating
in an amusement ride;
(2) obey all instructions and warnings,
written or oral, prior to and during participation in an
amusement ride;
(3) refrain from participation in an
amusement ride while under the influence of alcohol or
drugs;
(4) engage all safety devices that are
provided;
(5) refrain from disconnecting or disabling
any safety device except at the express direction of the
owner's agent or employee; and
(6) refrain from extending arms and legs
beyond the carrier or seating area except at the express
direction of the owner's agent or employee.
(c) (1) A patron, or a patron's parent or
guardian on a patron's behalf, shall report in writing
to the owner any injury sustained on an amusement ride
before leaving the premises, including:
(A) The name, address and phone number of the
injured person;
(B) a full description of the incident, the
injuries claimed, any treatment received and the
location, date and time of the injury;
(C) the cause of the injury, if known; and
(D) the names, addresses and phone numbers of
any witnesses to the incident.
(2) If a patron, or a patron's parent or
guardian on a patron's behalf, is unable to file a
report because of the severity of the patron's injuries,
the patron or the patron's parent or guardian on the
patron's behalf shall file the report as soon as
reasonably possible.
(3) The failure of a patron, or the patron's
parent or guardian on a patron's behalf, to report an
injury under this subsection shall have no effect on the
patron's right to commence a civil action.
(d) Any parent or guardian of a patron shall
have a duty to reasonably ensure that the patron
complies with all provisions of this act. |
|
44-1608. Contracting for operation of amusement ride,
requirements |
Any
person contracting with an owner for the amusement
ride's operation shall ensure that:
(a) Inspection certificates required by K.S.A.
2008 Supp. 44-1602, and amendments thereto, are
available;
(b) maintenance and inspection records
required by K.S.A. 2008 Supp. 44-1603, and amendments
thereto, are available; and
(c) safety instructions for the ride are
posted as required by K.S.A. 2008 Supp. 44-1606 and
amendments thereto. |
|
44-1609. Occurrence of serious injury |
Whenever
a serious injury results from the operation of an
amusement ride:
(a) Operation of the ride shall immediately
be discontinued;
(b) operation of the ride shall not be
resumed until it has been inspected and the qualified
inspector has approved resumption of operation; and
(c) the owner, within 30 days after the
injury, shall notify the manufacturer of the ride, if
the manufacturer is known and in existence at the time
of the injury |
|
44-1610. Penalties for violation of act. |
(a) It is
a class B misdemeanor for an owner or operator of an
amusement ride knowingly to operate, or cause or permit
to be operated, any amusement ride in violation of this
act.
(b) It is a class C misdemeanor knowingly to
violate the provisions of K.S.A. 2008 Supp. 44-1608 and
amendments thereto.
(c) Each day a violation continues shall
constitute a separate offense. |
|
44-1611. Same; action to enjoin operation of ride |
The attorney general, or the county or district attorney in
a county in which an amusement ride is located or operated, may apply to the
district court for an order enjoining operation of any amusement ride
operated in violation of this act. |
44-1612. Local regulation of amusement rides |
The governing body of any city or county may establish and
enforce safety standards for amusement rides in addition to, but not in
conflict with, the standards established by this act. |
40-4802. Same; financial responsibility requirements; exceptions.
|
All amusement rides must comply with the following guidelines prior to starting business:
(a) Provide for coverage
in an amount not less than $1,000,000
(b) name as an additional insured any
person contracting with the owner for the amusement ride's operation. |
Contact Information |
Kansas Department of Labor
Industrial Safety and Health Section
800 SW Jackson, Suite 1500
Topeka, KS 66612-1227
(785) 296-4386. |
Disclaimer: |
Please Note: With respect to the documents available from
this site or server, neither the site nor any of its employees, makes any
warranty, express or implied, including the warranties of merchantability
and fitness for a particular purpose, or assumes any legal liability or
responsibility for the accuracy, completeness, or usefulness of any
information, apparatus, product, or process disclosed, or represents that
its use would not infringe privately-owned rights. This information is
provided for informational purposes only. Please seek legal counsel for help
on interpretation of individual statutes. |
Members Home
Forum Home
State Regs |
Please remember
that all member areas as well as regular forum content is copyrighted.
The copying of this material, reproduction or use on similar sites is
strictly prohibited by law. This material is password protected and
encrypted and is for use by Moonwalk Forum Members only who have been given
access to this area. |