ยง 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.