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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.

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