1     
AMUSEMENT RIDE SAFETY AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Timothy D. Hawkes

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions and deadlines related to the Utah Amusement Ride Safety
10     Committee.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions related to the required initiation of certain rulemaking required
14     of the Utah Amusement Ride Safety Committee;
15          ▸     extends the deadline of implementation of certain requirements related to the
16     operation of an amusement ride; and
17          ▸     amends a provision related to notification regarding the operation of an amusement
18     ride at an additional location.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          72-16-203, as last amended by Laws of Utah 2020, Chapter 423
26          72-16-301, as last amended by Laws of Utah 2020, Chapter 423
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 72-16-203 is amended to read:
30          72-16-203. Rulemaking.
31          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
32     the provisions of this chapter the committee may make rules:
33          (a) establishing:
34          (i) the form of an application and a renewal application for:
35          (A) a qualified safety inspector certification;
36          (B) an annual amusement ride permit; and
37          (C) a multi-ride annual amusement ride permit;
38          (ii) the procedure to apply for and renew:
39          (A) a qualified safety inspector certification;
40          (B) an annual amusement ride permit; and
41          (C) a multi-ride annual amusement ride permit;
42          (iii) standards for a daily inspection under Section 72-16-302;
43          (iv) the form of a report of a reportable serious injury to the director;
44          (v) the procedure for reporting a reportable serious injury to the director;
45          (vi) the procedure to suspend and revoke:
46          (A) a qualified safety inspector certification;
47          (B) an annual amusement ride permit; and
48          (C) a multi-ride annual amusement ride permit;
49          (vii) a retention schedule that applies to each qualified safety inspector for records
50     related to a qualified safety inspector's duties under this chapter;
51          (viii) a retention schedule that applies to each owner-operator for records related to an
52     owner-operator's duties under this chapter;
53          (ix) fees;
54          (x) minimum insurance requirements for certified inspectors; and
55          (xi) fines or administrative penalties for lack of compliance with this chapter.
56          (b) regarding the experience required to obtain a qualified safety inspector certification
57     under Subsection 72-16-303(3)(a); and
58          (c) adopting nationally recognized:

59          (i) amusement ride inspection standards; and
60          (ii) qualified safety inspector qualification standards.
61          (2) Notwithstanding Subsection 63G-3-301(13), no later than December 1, 2020, the
62     committee shall initiate rulemaking proceedings, as defined in Section 63G-3-301, to make
63     rules under this section [no later than December 1, 2020].
64          Section 2. Section 72-16-301 is amended to read:
65          72-16-301. Requirements for amusement ride operation.
66          (1) Beginning on April 1, [2022] 2023, a person may not operate an amusement ride in
67     the state that is open to the public, unless the person obtains:
68          (a) an annual amusement ride permit for the amusement ride in accordance with this
69     section; or
70          (b) a multi-ride annual amusement ride permit that includes the amusement ride, in
71     accordance with this section.
72          (2) To obtain or renew an annual amusement ride permit for a mobile amusement ride,
73     the owner-operator shall submit an application to the director that contains the following and is
74     in a form prescribed by the director:
75          (a) the owner-operator's name and address;
76          (b) a description of the mobile amusement ride, including the manufacturer's name, the
77     serial number, and the model number;
78          (c) each known location in the state where the owner-operator intends to operate the
79     mobile amusement ride during the 12-month period for which the annual amusement ride
80     permit is valid, updated in accordance with Subsection (5);
81          (d) for each location identified under Subsection (2)(c), the name and contact
82     information of the fair, show, landlord, or property owner;
83          (e) the date on which the owner-operator intends to set up the mobile amusement ride
84     at each location identified under Subsection (2)(c);
85          (f) the dates on which the owner-operator intends to operate the mobile amusement
86     ride for use by the general public at each location identified under Subsection (2)(c);
87          (g) proof of compliance with the insurance requirement described in Section
88     72-16-305;
89          (h) a safety inspection certification dated no more than 30 days before the day on which

90     the owner-operator submits the application; and
91          (i) a fee established by the committee in accordance with Section 63J-1-504.
92          (3) To obtain or renew an annual amusement ride permit for a permanent amusement
93     ride, the owner-operator shall submit an application to the director that contains the following
94     information and is in a form prescribed by the director:
95          (a) the owner-operator's name and address;
96          (b) a description of the permanent amusement ride, including the manufacturer's name,
97     the serial number, and the model number;
98          (c) the location in the state where the owner-operator will operate the permanent
99     amusement ride;
100          (d) the first date on which the owner-operator intends to operate the permanent
101     amusement ride for use by the general public;
102          (e) proof of compliance with the insurance requirement described in Section
103     72-16-305;
104          (f) a safety inspection certification dated no more than 30 days before the day on which
105     the owner-operator submits the application; and
106          (g) a fee established by the committee in accordance with Section 63J-1-504.
107          (4) To obtain or renew a multi-ride annual amusement ride permit for all amusement
108     rides located at an amusement park that employs more than 1,000 individuals in a calendar
109     year, the amusement park shall submit an application to the director that contains the following
110     information and is in a form prescribed by the director:
111          (a) the amusement park's name and address;
112          (b) a list of each amusement ride located at the amusement park, including a
113     description of each amusement ride;
114          (c) the first date on which the amusement park will operate each amusement ride
115     identified in Subsection (4)(b);
116          (d) proof of compliance with the insurance requirement described in Section
117     72-16-305;
118          (e) a safety inspection certification for each amusement ride identified in Subsection
119     (4)(b) that is dated no more than 30 days before the day on which the amusement park submits
120     the application; and

121          (f) a fee for each amusement ride identified under Subsection (4)(b) established by the
122     committee in accordance with Section 63J-1-504.
123          (5) (a) In accordance with committee rule, an owner-operator of a mobile amusement
124     ride shall update the information described in Subsection (2)(c) if the owner-operator learns of
125     a new location where the owner-operator intends to operate the mobile amusement ride during
126     the 12-month period for which the annual amusement ride permit is valid.
127          (b) An owner-operator may not operate a mobile amusement ride that is open to the
128     public at a location in the state, unless the owner-operator includes the location:
129          (i) in the owner-operator's application or renewal for an annual amusement ride permit
130     for the mobile amusement ride in accordance with Subsection (2)(c); or
131          (ii) in an update described in Subsection (5)(a) that the owner-operator submits to the
132     director [at least 30 days before the day on which the owner-operator sets up] before operation
133     of the mobile amusement ride at the location.
134          (6) The director shall issue:
135          (a) an annual amusement ride permit for each amusement ride for which the
136     owner-operator submits a complete application or renewal application that satisfies the
137     requirements of this chapter and any applicable rules and fees; and
138          (b) a multi-ride annual amusement ride permit to each amusement park that employs
139     more than 1,000 individuals in a calendar year and submits a complete application or renewal
140     application that satisfies the requirements of this chapter and any applicable rules and fees.
141          (7) An annual amusement ride permit or a multi-ride annual amusement ride permit
142     expires one year after the day on which the director issues the annual amusement ride permit or
143     the multi-ride annual amusement ride permit.
144          (8) An owner-operator or amusement park shall maintain a copy of a current annual
145     amusement ride permit or multi-ride annual amusement ride permit and upon request,
146     reasonable notice, and payment of reasonable copying expense, if applicable:
147          (a) make the copy available for examination; or
148          (b) provide a copy of the annual amusement ride permit or multi-ride annual
149     amusement ride permit.