Section 3. Procedure for Obtaining a Business Identification Number. (1) Every owner of an amusement ride or amusement attraction seeking to operate in Kentucky shall submit an application for a business identification number along with the fee for each required initial safety inspection required by 302 KAR 16:020.

      (2)(a)The owner of the amusement ride or amusement attraction shall provide a written itinerary indicating:

      1. The location of the first setup;

      2. All future operating dates and locations, including addresses;

      3. The operating period at each location;

      4. The names of all rides requiring initial safety inspections pursuant to KRS 247.234(2)(d); and

      5. All rides or attractions being operated at each location.

      (b) The itinerary shall be delivered to the department at least fourteen (14) days prior to the first scheduled setup and shall be updated in writing immediately if cancellations are made or additional locations added.

      (c) The itinerary shall be submitted in writing including by facsimile or electronic mail.

      (3) The applicant shall provide proof of liability insurance in the amount of $500,000 per occurrence for bodily injury or death, for each amusement ride or amusement attraction.

      (a) The proof of insurance shall include a statement that the insurer shall not cancel the policy without thirty (30) days written notice to the commissioner.

      (b) Proof of insurance shall be either the policy or a certified statement issued by the insurer and shall include:

      1. A listing of all amusement rides and amusement attractions insured; or

      2. A statement that all amusement rides and amusement attractions operated under the supervision of the insured are covered in the policy.

Section 2. (1) All amusement ride and amusement attractions operating in Kentucky shall bear an initial safety inspection seal. Following an initial safety inspection, an initial safety inspection seal shall be affixed to a permanent and accessible section of the amusement ride or amusement attraction.

      (2) If the required initial safety inspection seal does not appear on the amusement ride or amusement attraction, operation of the amusement ride or amusement attraction shall be stopped until proof of a initial inspection is provided.

 

      Section 3. Initial safety inspection fees shall be levied for each amusement ride and amusement attraction. The initial safety inspection fees shall be assessed as follows:

      (1) Air inflatable devices shall be fifty (50) dollars;

Section 4. All new permanent amusement rides and amusement attractions shall have all required state and local permits before the initial safety inspection.

       Section 5. All amusement rides and amusement attractions shall be under the supervision of an operator at all times during the operation of the amusement ride or amusement attraction.

       Section 6. (1) All amusement rides and amusement attractions which are potentially hazardous to spectators shall be fenced to provide protection to bystanders and riders in accordance with KRS 247.236(3).

      (2) A barrier providing a safe distance from the outermost arc shall be present for aerial amusement rides or swings.

       Section 7. Properly charged fire extinguishers shall be present at all amusement rides and amusement attractions not more than seventy-five (75) feet from any point of a ride. A first aid kit shall be available at the park, fair, event, or ride location.

       Section 8. The operator of an amusement ride or amusement attraction shall deny admittance to an amusement ride or amusement attraction to persons who appear to be under the influence of alcohol or drugs, persons who are wearing footwear or clothing that may cause a safety concern, or persons who have in their possession any object that can be dropped from the amusement ride or amusement attraction.

       Section 9. (1) All power units shall be shielded to provide for public safety.

      (2) An amusement ride or amusement attraction, or its power unit, shall not be located where it may present a fire hazard to adjacent buildings, exhibits, or other structures.

      (3) Use of gasoline engines and storage of gasoline in or adjacent to a riding device shall be in an approved safety container and at a safe distance from the amusement ride or amusement attraction.

      (4) All electrical wires leading to and from the amusement ride or amusement attraction shall be protected and insulated to prevent shock hazard and shall be properly grounded. All electrical junction boxes shall be locked or sealed.

      Section 10. Pre-operation Inspection. (1) The owner or operator shall provide to the department’s safety inspectors the manufacturer pre-operational inspection checklist specific to each ride or attraction.

      (2) The owner of the ride or attraction shall develop a daily pre-opening checklist which shall contain, at a minimum, all requirements listed in the operator manual, the date and time of the pre-operation inspection, printed name of the person completing the pre-operation inspection, and signature of the person completing the pre-operation inspection.

      (3) The owner or operator of an amusement ride or attraction shall perform a pre-opening daily pre-operation inspection prior to public use of the ride or attraction, using the checklist provided by the owner, in accordance with subsection (2) of this section. This pre-opening inspection shall include rides or attractions that do not require an operator.

      (4) Upon request, the owner or operator shall immediately provide to the safety inspector a logbook containing all pre-operation daily inspections for the previous twelve (12) months. This logbook shall be kept in close proximity to the ride or attraction.

       Section 11. Amusement rides and attractions shall be operated according to manufacturer's guidelines.

       Section 12. To assure continued safety of amusement rides and amusement attractions, routine inspections may be conducted at undetermined times throughout the year.

Section 1. Definition. "Immediately correctable violation" means a violation which can be corrected on the day of the initial inspection.

      Section 2. The department's inspector shall determine the nature and severity of violations and shall determine if the violations are not immediately correctable based on the manufacturer's standards, KRS 247.232 through 247.236, and 302 KAR 16:010 through 302 KAR 16:140.

      Section 3. A violation issued for operation of an amusement ride or amusement attraction without a valid business identification number shall be considered a violation which is not immediately correctable.

      Section 4. A safety inspector may order closed a unit or portion of a ride which fails to comply with safety or operational guidelines, if closure of the ride does not affect the remaining portion of the ride, by placing upon that unit or portion of the ride a section stop order. The owner shall notify the department when the unit or portion of the ride has been repaired to obtain information for section stop order removal

Section 1. If a department safety inspector finds an amusement ride or attraction does not comply with KRS 247.232 to 247.236, 302 KAR 16:010 through 302 KAR 16:140, or manufacturer standard, the inspector shall issue a stop operation order prohibiting the operation of the amusement ride or attraction, or any part thereof, found to be in violation. The stop operation order shall be removed from the amusement ride, amusement attraction, or structure only when the violation has been corrected and then only by a department safety inspector. A stop operation order shall not be issued for any violation found to be correctable as defined in 302 KAR 16:030.

       Section 2. If, upon reinspection of an amusement ride or attraction under a stop operation order, it is found that the safety violation has been corrected within twenty-four (24) hours, the owner shall not be charged a reinspection fee as authorized by KRS 247.234.

       Section 3. If a safety inspector determines an amusement ride or attraction present an imminent danger, the inspector shall issue and attach a stop operation order against the use of the amusement ride or attraction. The order shall not be removed until the device is made safe, and then only by a safety inspector

Section 1. Amusement ride or attraction owners who are required to file a written incident report shall immediately call the department to report relevant information. The required notice to the department shall be furnished through the written accident report within twelve (12) hours of notice of the incident.

      Section 2. Incident Reports. A written report shall be filed by the owner of an amusement ride or amusement attraction if any of the following occurs as a result of an accident or incident involving an amusement ride or amusement attraction or equipment:

      (1) The events listed in KRS 247.233(2);

      (2) Any sudden, unplanned, nonaccidental stoppage of the ride; or

      (3) Structural or major mechanical failure of an amusement ride or amusement attraction.

      Section 3. Where to Report. (1) If any event specified in Section 2 of this administrative regulation occurs, the owner shall immediately report the event by telephoning the Department of Agriculture, Division of Regulation and Inspection at (502) 573-0282.

      (2) If a written report is required, the report shall be submitted within twelve (12) hours to the Department of Agriculture, Division of Regulation and Inspection, 111 Corporate Drive, Frankfort, Kentucky 40601. The report may also be submitted via the department's Web site, http://www.kyagr.com/consumer/ri/ rides/AmusementRidesand Attractions.htm. The written report shall contain the following information:

      (a) The date and time of the incident or accident;

      (b) The date and time the report was completed;

      (c) The location of the incident or accident;

      (d) A description of the incident or accident;

      (e) The name, address, phone number, and business identification number of the owner or company for the amusement ride or amusement attraction;

      (f) The name and address of each operator of the amusement ride or amusement attraction;

      (g) The name, serial number, and manufacturer of the amusement ride or amusement attraction, if known;

      (h) The name, address, phone number, gender, and age of the injured person, if any;

      (i) The nature and extent of the injury;

      (j) The name and location of the treating facility or person; and

      (k) The address, telephone number, and printed and signed name of the person completing the report.

      Section 4. Incident Investigation. (1) The department shall initiate an incident investigation within twelve (12) hours of the initial notification of an event requiring an incident report.

      (2) Pending the completion of an incident investigation, the amusement ride or amusement attraction shall not be operated, moved, cleaned, or repaired without written approval of the department other than as necessary for life or safety.

Section 1. (1) The following acts shall be violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be accessed a civil penalty of not less than $1,000 and not more than $10,000:

      (a) Operating without a current business identification number;

      (b) Operating without current insurance in the required coverage amount;

      (c) Operating a ride or attraction while it is under a stop operation order;

      (d) Operating a ride or attraction while the operator is not present;

      (e) Using blocking in foot switch breaker;

      (f) Using improper material for electrical fuse;

      (g) Moving equipment after a reportable incident or tampering with evidence;

      (h) Operating a ride or attraction too close to high voltage;

      (i) Positioning a ride or attraction underneath utility lines;

      (j) Operating a ride or attraction while the operator is impaired;

      (k) Grounding the generator incorrectly;

      (l) Failing to maintain the ride or attraction in good mechanical condition;

      (m) Failing to repair ride or attraction according to manufacturer specifications or recommendations;

      (n) Failing to properly shield power units; and

      (o) Failing to use appropriate replacement parts.

      (2) The following acts shall be violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be assessed a civil penalty of not less than $100 and not more than $5,000:

      (a) Failing to follow safety guidelines and manufacturer specifications;

      (b) Failing to notify the department of an incident requiring a report within twelve (12) hours;

      (c) Failing to submit a required incident report;

      (d) Admitting an intoxicated patron on an amusement ride or attraction;

      (e) Admitting a patron with inappropriate footwear; and

      (f) Failing to completely fill out incident report form.

      (3) The following acts shall be violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be assessed a civil penalty of not less than $100 and not more than $1,000:

      (a) Failing to have operational manuals on site;

      (b) Failing to have maintenance manuals on site;

      (c) Failing to have maintenance records on site;

      (d) Fueling ride or attraction in an undesignated area;

      (e) Exceeding manufacturer’s speed of ride or attraction;

      (f) Failing to properly secure the ride or attraction;

      (g) Failing to have electrical disconnect within six (6) feet of operator;

      (h) Operating a ride or attraction by a operator under eighteen (18) years of age;

      (i) Failing to use correct START/STOP switch;

      (j) Operating the ride or attraction in inclement weather;

      (k) Failing to comply with proper operating procedures noted during inspection;

      (l) Failing to properly anchor inflatable device;

      (m) Failing to perform or document pre-operation inspections;

      (n) Operating without an itinerary; and

      (o) Operating without the required number of operators as required by manufacturer.

      (4) The following acts shall be violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be assessed a civil penalty of not less than $100 and not more than $500:

      (a) Failing to have Ground Fault Circuit Interrupter (GFCI) protection if required;

      (b) Failing to properly place fencing barrier;

      (c) Failing to have fire extinguishers in correct locations;

      (d) Failing to have first aid kit on location; and

      (e) Failing to have inspection sticker in appropriate location.

      (5) Failure to have ride or attraction signage or use of incorrect signage shall be a violation of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be assessed a civil penalty of not less than $100 and not more than $200.

       Section 2. (1) Persons who commit the same violation within thirty (30) days of being cited for the first violation shall be assessed up to double the civil penalty accessed in Section 1 of this administrative regulation, not to exceed $10,000.

      (2) Persons who commit a third same violation within sixty (60) days of being cited for the first violation shall be assessed up to triple the civil penalty accessed in Section 1 of this administrative regulation, not to exceed $10,000.

      (3) This section shall not prohibit the commissioner from suspending or revoking a license, permit, registration, or certification at any time pursuant to KRS 247.233.

       Section 3. Business Identification Number Suspension or Revocation. (1) The business owner shall have ten (10) days upon the receipt of the notification of a proposed suspension, revocation, or modification of a business identification number to request a hearing. The hearing shall be conducted in accordance with KRS Chapter 13B.

      (2) If a hearing is not requested as provided for in subsection (1) of this section, the department may suspend, revoke, or modify the business identification number once the ten (10) day hearing request filing period has passed.

      (3) The department may suspend a business identification number and place stop operation orders on all rides or attractions belonging to the owner for a period of time which shall not exceed seven (7) days, pending inquiry. After opportunity for a hearing, the department may deny, suspend, revoke, or modify the provision of any business identification number issued under KRS 247.234 if it finds that the owner or his employee has committed any of the following acts, each of which is declared to be a violation of KRS 247.232 through 247.236:

      (a) Making a false or fraudulent statement to inspectors;

      (b) Knowingly violating any provision of KRS 247.232 through 247.236 or 302 KAR Chapter 16; or

      (c) Failing to pay an administrative penalty or fee assessed by this chapter.

      (4) Any owner whose business identification number is revoked under the provisions of this section shall not be eligible to apply for a new license until the time has elapsed from the date of the order revoking the business identification number as established by the department, not to exceed two (2) years, or if an appeal is taken from the order or revocation, not to exceed two (2) years from the date of the order or final judgment sustaining the revocation

Section 1. Inflatable rides and attractions shall not require an operator.

       Section 2. Only inflatable devices manufactured specifically for commercial use shall be used for commercial or rental purposes.

       Section 3. Inflatable devices shall be anchored to the ground with rods or pins with at least one half inch diameter, at a minimum depth of 18 inches, and at a forty-five (45) degree angle to the ground. If pins or rods are impracticable, seventy-five (75) pounds of sandbags shall to be used at each anchor point.

       Section 4. Safety signage shall be required if not printed by the manufacturer on the inflatable. If the following information is not printed on an inflatable, the owner shall provide a sign to display near the entrance of the inflatable while it is in operation with the following information, in its entirety:

      (1) Remove shoes, eyeglasses and sharp objects before entering;

      (2) No flips;

      (3) No piling on or wrestling;

      (4) Do not bounce closer than five feet from another person; and

      (5) Do not bounce against the sides or near the doorway.

       Section 5. All inflatable devices shall use ground fault circuit interrupters for electrical components.

Section 1. All amusement rides and attractions shall be maintained in good electrical and mechanical condition. The owner of an amusement ride or attraction shall follow the manufacturer’s guidelines and recommendations for all maintenance procedures.

Section 2. Replacement parts

(1) Amusement rides and attractions shall use manufacturer replacement parts, or replacement parts approved by the manufacturer, if available.

(2) If an amusement ride or attraction manufacturer is no longer in business or the manufacturer’s parts are no longer available, replacement parts shall meet the manufacturers original equipment specifications.

(3) If an amusement ride or attraction is unique or handmade, the owner shall be deemed the manufacturer for purposes of these requirements

Section 1. The following amusement rides or attractions shall not require an operator:

      (1) Playports; and

      (2) Inflatables.