1     
AMUSEMENT RIDE SAFETY

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Timothy D. Hawkes

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill revises provisions in the Amusement Ride Safety Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the definitions;
13          ▸     amends provisions of the Utah Amusement Ride Safety Committee's rulemaking
14     authority;
15          ▸     provides clarification regarding the Utah Amusement Ride Safety Committee's
16     membership;
17          ▸     modifies provisions regarding the hiring of the committee's director;
18          ▸     modifies the continuing education requirements for the renewal of a qualified safety
19     inspector certification;
20          ▸     allows the director to deny, suspend, or revoke an owner-operator's approval to
21     operate an amusement ride under a multi-ride permit, upon a violation involving the
22     amusement ride; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          72-16-102, as enacted by Laws of Utah 2019, Chapter 244
31          72-16-201, as enacted by Laws of Utah 2019, Chapter 244
32          72-16-202, as enacted by Laws of Utah 2019, Chapter 244
33          72-16-203, as enacted by Laws of Utah 2019, Chapter 244
34          72-16-301, as enacted by Laws of Utah 2019, Chapter 244
35          72-16-302, as enacted by Laws of Utah 2019, Chapter 244
36          72-16-303, as enacted by Laws of Utah 2019, Chapter 244
37          72-16-304, as enacted by Laws of Utah 2019, Chapter 244
38          72-16-305, as enacted by Laws of Utah 2019, Chapter 244
39          72-16-306, as enacted by Laws of Utah 2019, Chapter 244
40          72-16-401, as enacted by Laws of Utah 2019, Chapter 244
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 72-16-102 is amended to read:
44          72-16-102. Definitions.
45          As used in this chapter:
46          (1) "Account" means the Amusement Ride Safety Restricted Account created in
47     Section 72-16-204.
48          (2) (a) "Amusement park" means a permanent indoor or outdoor facility or park where
49     one or more amusement rides are available for use by the general public.
50          (b) "Amusement park" does not include a traveling show, carnival, or public
51     fairground.
52          (3) (a) "Amusement ride" means a device or [attraction] combination of devices or
53     elements that carries or conveys one or more riders along, around, or over a fixed or restricted
54     route or course or allows the riders to steer or guide the device [or attraction] within an
55     established area for the purpose of giving the riders amusement, pleasure, thrills, or excitement.
56          [(b) "Amusement ride" includes a roller coaster, whip, ferris wheel, merry-go-round,
57     and zipline.]
58          [(c)] (b) "Amusement ride" does not include:
59          (i) a coin-operated ride that:
60          (A) is manually, mechanically, or electrically operated;
61          (B) is customarily placed in a public location; and
62          (C) does not normally require the supervision or services of an operator;
63          (ii) nonmechanized playground equipment, including a swing, seesaw, stationary
64     spring-mounted animal feature, rider-propelled merry-go-round, climber, playground slide,
65     trampoline, or physical fitness device;
66          (iii) an inflatable device;
67          (iv) a water-based recreational attraction where complete or partial immersion is
68     intended, including a water slide, wave pool, or water park;
69          (v) a challenge, exercise, or obstacle course;
70          (vi) a passenger ropeway as defined in Section 72-11-102;
71          (vii) a device or attraction that involves one or more live animals; [or]
72          (viii) a tractor ride or wagon ride[.]; or
73          (ix) motion seats in a movie theater for which the manufacturer does not require a
74     restraint.
75          (4) "Committee" means the Utah Amusement Ride Safety Committee created in
76     Section 72-16-201.
77          (5) "Director" means the director of the committee, [appointed] hired under Section
78     72-16-202.
79          (6) "Mobile amusement ride" means an amusement ride that is:
80          (a) designed or adapted to be moved from one location to another;
81          (b) not fixed at a single location; and
82          (c) relocated at least once each calendar year.
83          (7) "Operator" means the individual who controls the starting, stopping, or speed of an
84     amusement ride.
85          (8) "Owner-operator" means the person who has control over and responsibility for the
86     maintenance, setup, and operation of an amusement ride.
87          (9) "Permanent amusement ride" means an amusement ride that is not a mobile
88     amusement ride.
89          (10) "Qualified safety inspector" means an individual who holds a valid qualified
90     safety inspector certification.
91          (11) "Qualified safety inspector certification" means a certification issued by the
92     director under Section 72-16-303.
93          (12) "Reportable serious injury" means an injury to a rider that:
94          (a) occurs when there is a failure or malfunction of an amusement ride; and
95          (b) results in death, dismemberment, permanent disfigurement, permanent loss of the
96     use of a body organ, member, function, or system, or a compound fracture.
97          (13) "Safety inspection certification" means a written document that:
98          (a) is signed by a qualified safety inspector certifying that:
99          (i) the qualified safety inspector performed an in-person inspection of an amusement
100     ride to check compliance with the safety standards described in Section 72-16-304 and
101     established by rule; and
102          (ii) at the time the qualified safety inspector performed the in-person inspection, the
103     amusement ride:
104          (A) was set up [in the state] for use by the general public; and
105          (B) satisfied the safety standards described in Section 72-16-304 and established by
106     rule; and
107          (b) includes the date on which the qualified safety inspector performed the in-person
108     inspection.
109          (14) "Serious injury" means an injury to a rider that:
110          (a) occurs when there is a failure or malfunction of an amusement ride; and
111          (b) requires immediate admission to a hospital and overnight hospitalization and
112     observation by a licensed physician.
113          Section 2. Section 72-16-201 is amended to read:
114          72-16-201. Creation of Utah Amusement Ride Safety Committee.
115          (1) There is created within the department the Utah Amusement Ride Safety
116     Committee.
117          (2) The committee is comprised of the following members:
118          (a) six members as follows, appointed by the governor:
119          (i) one member who represents fairs in the state that employ 25 or more employees;
120          (ii) one member who represents mobile ride operators;
121          (iii) one member who represents permanent ride operators;
122          (iv) one member who represents large amusement parks in the state;
123          (v) one member who represents the public at large; and
124          (vi) one member who represents a nationally recognized amusement ride safety or
125     regulatory organization; and
126          (b) one [ex officio] nonvoting member appointed by the executive director.
127          (3) (a) Except as provided in Subsection (3)(b), the governor shall appoint each
128     member described in Subsection (2)(a) to a four-year term.
129          (b) The governor shall, at the time of appointment or reappointment, adjust the length
130     of terms to ensure that the terms of the committee members appointed under Subsection (2)(a)
131     are staggered so that approximately half of the committee is appointed every two years.
132          (4) In making an appointment under Subsection (2)(a), the governor shall request and
133     consider recommendations from:
134          (a) the membership of the interest from which the appointment is to be made; and
135          (b) the department.
136          (5) When a vacancy occurs in the membership of the committee, the governor shall
137     appoint a replacement for the remainder of the unexpired term.
138          (6) A member of the committee may not receive compensation or benefits for the
139     member's service, but may receive per diem and travel expenses in accordance with:
140          (a) Section 63A-3-106;
141          (b) Section 63A-3-107; and
142          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
143     63A-3-107.
144          (7) The department shall supply the committee with office space, equipment, and staff
145     the executive director finds appropriate.
146          (8) (a) The committee shall select a chair annually from the committee members.
147          (b) Four voting members constitute a quorum for conducting committee business.
148          (c) A majority vote of a quorum present at a meeting constitutes an action of the
149     committee.
150          (9) The committee shall meet at least quarterly and at the call of the chair or of a
151     majority of the members.
152          Section 3. Section 72-16-202 is amended to read:
153          72-16-202. Hiring of director.
154          (1) (a) The [committee] executive director, subject to approval by the [executive
155     director] committee, shall [appoint] hire a director.
156          (b) The executive director may remove the director at the executive director's will.
157          (2) The director shall:
158          (a) be experienced in administration and possess additional qualifications as
159     determined by the committee and the executive director; and
160          (b) receive compensation in accordance with Title 67, Chapter 19, Utah State
161     Personnel Management Act.
162          Section 4. Section 72-16-203 is amended to read:
163          72-16-203. Rulemaking.
164          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
165     the provisions of this chapter the committee may make rules:
166          (a) establishing:
167          (i) the form of an application and a renewal application for:
168          (A) a qualified safety inspector certification;
169          (B) an annual amusement ride permit; and
170          (C) a multi-ride annual amusement ride permit;
171          (ii) the procedure to apply for and renew:
172          (A) a qualified safety inspector certification;
173          (B) an annual amusement ride permit; and
174          (C) a multi-ride annual amusement ride permit;
175          (iii) standards for a daily inspection under Section 72-16-302;
176          (iv) the form of a report of a reportable serious injury to the director;
177          (v) the procedure for reporting a reportable serious injury to the director;
178          (vi) the procedure to suspend and revoke:
179          (A) a qualified safety inspector certification;
180          (B) an annual amusement ride permit; and
181          (C) a multi-ride annual amusement ride permit;
182          (vii) a retention schedule that applies to each qualified safety inspector for records
183     related to a qualified safety inspector's duties under this chapter; [and]
184          (viii) a retention schedule that applies to each owner-operator for records related to an
185     owner-operator's duties under this chapter;
186          (ix) fees;
187          (x) minimum insurance requirements for certified inspectors; and
188          (xi) fines or administrative penalties for lack of compliance with this chapter.
189          (b) regarding the experience required to obtain a qualified safety inspector certification
190     under Subsection 72-16-303(3)(a); and
191          (c) adopting nationally recognized:
192          (i) amusement ride inspection standards; and
193          (ii) qualified safety inspector qualification standards.
194          (2) Notwithstanding Subsection 63G-3-301(13), the committee shall initiate
195     rulemaking proceedings, as defined in Section 63G-3-301, to make rules under this section no
196     later than December 1, 2020.
197          Section 5. Section 72-16-301 is amended to read:
198          72-16-301. Requirements for amusement ride operation.
199          (1) Beginning on April 1, [2021] 2022, a person may not operate an amusement ride in
200     the state that is open to the public, unless the person obtains:
201          (a) an annual amusement ride permit for the amusement ride in accordance with this
202     section; or
203          (b) a multi-ride annual amusement ride permit that includes the amusement ride, in
204     accordance with this section.
205          (2) To obtain or renew an annual amusement ride permit for a mobile amusement ride,
206     the owner-operator shall submit an application to the director that contains the following and is
207     in a form prescribed by the director:
208          (a) the owner-operator's name and address;
209          (b) a description of the mobile amusement ride, including the manufacturer's name, the
210     serial number, and the model number;
211          (c) each known location in the state where the owner-operator intends to operate the
212     mobile amusement ride during the 12-month period for which the annual amusement ride
213     permit is valid, updated in accordance with Subsection (5);
214          (d) for each location identified under Subsection (2)(c), the name and contact
215     information of the fair, show, landlord, or property owner;
216          (e) the date on which the owner-operator intends to set up the mobile amusement ride
217     at each location identified under Subsection (2)(c);
218          (f) the dates on which the owner-operator intends to operate the mobile amusement
219     ride for use by the general public at each location identified under Subsection (2)(c);
220          (g) proof of compliance with the insurance requirement described in Section
221     72-16-305;
222          (h) a safety inspection certification dated no more than 30 days before the day on which
223     the owner-operator submits the application; and
224          (i) a fee established by the committee in accordance with Section 63J-1-504.
225          (3) To obtain or renew an annual amusement ride permit for a permanent amusement
226     ride, the owner-operator shall submit an application to the director that contains the following
227     information and is in a form prescribed by the director:
228          (a) the owner-operator's name and address;
229          (b) a description of the permanent amusement ride, including the manufacturer's name,
230     the serial number, and the model number;
231          (c) the location in the state where the owner-operator will operate the permanent
232     amusement ride;
233          (d) the first date on which the owner-operator intends to operate the permanent
234     amusement ride for use by the general public;
235          (e) proof of compliance with the insurance requirement described in Section
236     72-16-305;
237          (f) a safety inspection certification dated no more than 30 days before the day on which
238     the owner-operator submits the application; and
239          (g) a fee established by the committee in accordance with Section 63J-1-504.
240          (4) To obtain or renew a multi-ride annual amusement ride permit for all amusement
241     rides located at an amusement park that employs more than 1,000 individuals in a calendar
242     year, the amusement park shall submit an application to the director that contains the following
243     information and is in a form prescribed by the director:
244          (a) the amusement park's name and address;
245          (b) a list of each amusement ride located at the amusement park, including a
246     description of each amusement ride;
247          (c) the first date on which the amusement park will operate each amusement ride
248     identified in Subsection (4)(b);
249          (d) proof of compliance with the insurance requirement described in Section
250     72-16-305;
251          (e) a safety inspection certification for each amusement ride identified in Subsection
252     (4)(b) that is dated no more than 30 days before the day on which the amusement park submits
253     the application; and
254          (f) a fee for each amusement ride identified under Subsection (4)(b) established by the
255     committee in accordance with Section 63J-1-504.
256          (5) (a) In accordance with committee rule, an owner-operator of a mobile amusement
257     ride shall update the information described in Subsection (2)(c) if the owner-operator learns of
258     a new location where the owner-operator intends to operate the mobile amusement ride during
259     the 12-month period for which the annual amusement ride permit is valid.
260          (b) An owner-operator may not operate a mobile amusement ride that is open to the
261     public at a location in the state, unless the owner-operator includes the location:
262          (i) in the owner-operator's application or renewal for an annual amusement ride permit
263     for the mobile amusement ride in accordance with Subsection (2)(c); or
264          (ii) in an update described in Subsection (5)(a) that the owner-operator submits to the
265     director at least 30 days before the day on which the owner-operator sets up the mobile
266     amusement ride at the location.
267          (6) The director shall issue:
268          (a) an annual amusement ride permit for each amusement ride for which the
269     owner-operator submits a complete application or renewal application that satisfies the
270     requirements of this chapter and any applicable rules and fees; and
271          (b) a multi-ride annual amusement ride permit to each amusement park that employs
272     more than 1,000 individuals in a calendar year and submits a complete application or renewal
273     application that satisfies the requirements of this chapter and any applicable rules and fees.
274          (7) An annual amusement ride permit or a multi-ride annual amusement ride permit
275     expires one year after the day on which the director issues the annual amusement ride permit or
276     the multi-ride annual amusement ride permit.
277          (8) An owner-operator or amusement park shall maintain a copy of a current annual
278     amusement ride permit or multi-ride annual amusement ride permit and upon request,
279     reasonable notice, and payment of reasonable copying expense, if applicable:
280          (a) make the copy available for examination; or
281          (b) provide a copy of the annual amusement ride permit or multi-ride annual
282     amusement ride permit.
283          Section 6. Section 72-16-302 is amended to read:
284          72-16-302. Daily inspection required.
285          (1) (a) Each day an owner-operator operates an amusement ride for use by the general
286     public, the owner-operator or the owner-operator's designee shall inspect and operate the
287     amusement ride in accordance with this section and rules established under this chapter.
288          (b) The owner-operator or the owner-operator's designee shall complete the inspection
289     and operation described in Subsection (1)(a):
290          (i) before the owner-operator begins operation for use by the general public; and
291          (ii) in accordance with rule made under this chapter.
292          (2) The owner-operator shall:
293          (a) make a record of each daily inspection that is signed by the individual who
294     performed the inspection; and
295          (b) maintain each record described in Subsection (2)(a) for at least [90 days] one year
296     after the day on which the inspection is performed.
297          Section 7. Section 72-16-303 is amended to read:
298          72-16-303. Certification of inspectors.
299          (1) To become a qualified safety inspector, an individual shall obtain and maintain a
300     qualified safety inspector certification from the director in accordance with this section.
301          (2) To obtain a qualified safety inspector certification from the director, an individual
302     shall submit an application described in Subsection (3) and a fee established by the committee
303     in accordance with Section 63J-1-504.
304          (3) An application for a qualified safety inspector certification shall be in a form
305     prescribed by the director and include information that demonstrates the applicant:
306          (a) (i) (A) is a professional engineer, licensed in accordance with Title 58, Chapter 22,
307     Professional Engineers and Professional Land Surveyors Licensing Act, or an engineer with a
308     comparable license from another state as determined by the committee; and
309          (B) has at least three years of experience in the amusement ride industry, at least two of
310     which include actual inspection of amusement rides for an owner-operator, manufacturer,
311     government agency, amusement park, carnival, or insurer;
312          (ii) (A) has at least three years of experience inspecting amusement rides for an
313     owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; and
314          (B) is certified by a nationally recognized organization in the amusement ride safety
315     industry approved by the committee; or
316          (iii) (A) has at least three years of experience inspecting amusement rides for an
317     owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; and
318          (B) is employed by an amusement park that employs more than 1,000 individuals in a
319     calendar year;
320          (b) (i) has liability insurance for [errors or omissions] bodily injury and property
321     damage in compliance with rules made by the committee; or
322          (ii) is an employee or authorized agent of an insurance company; and
323          (c) is a member of and actively participates in an entity that develops standards
324     applicable to the operation of amusement rides.
325          (4) To obtain a renewal of a qualified safety inspector certification, a qualified safety
326     inspector shall submit to the director a fee established by the committee in accordance with
327     Section 63J-1-504 and a renewal application that demonstrates that the qualified safety
328     inspector:
329          (a) satisfies the requirements described in Subsection (3); and
330          (b) during the previous [12-month] two-year period, completed at least [six] 12 hours
331     of continuing education instruction provided by:
332          (i) a nationally recognized amusement industry organization;
333          (ii) a nationally recognized organization in a relevant technical field;
334          (iii) an owner-operator, through an owner-operator-run safety program approved by the
335     committee; or
336          (iv) an amusement park that employs more than 1,000 individuals in a calendar year.
337          (5) The director shall issue a qualified safety inspector certification to each individual
338     who submits an application or a renewal application that is in a form prescribed by the director
339     and complies with the requirements of this section and any applicable rules and fees.
340          (6) A qualified safety inspector certification expires two years after the day on which
341     the director issues the qualified inspector certification.
342          (7) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
343     director may deny, suspend, or revoke a qualified safety inspector certification if an individual
344     fails to satisfy a requirement of this chapter or any applicable rule.
345          (8) A qualified safety inspector who is employed by the owner-operator of an
346     amusement ride may complete an inspection of the amusement ride.
347          Section 8. Section 72-16-304 is amended to read:
348          72-16-304. Safety standards.
349          (1) Subject to Subsections (2) and (3) and in accordance with Title 63G, Chapter 3,
350     Utah Administrative Rulemaking Act, the committee shall make rules adopting the relevant
351     safety standards developed by the ASTM International Committee F24.
352          (2) The committee may modify or update the safety standards described in Subsection
353     (1), consistent with nationally recognized amusement ride standards.
354          (3) The committee may[, upon application,] amend or exempt a safety standard
355     adopted under this section based upon unique circumstances, if appropriate to ensure public
356     safety.
357          Section 9. Section 72-16-305 is amended to read:
358          72-16-305. Insurance required.
359          (1) An owner-operator of an amusement ride shall carry liability insurance coverage in
360     at least the following amounts:
361          (a) $1,000,000 for bodily injury per occurrence;
362          (b) $250,000 for property damage per occurrence; and
363          (c) $3,000,000 [per occurrence combined single limit] annual aggregate limit.
364          (2) An owner-operator of an amusement ride located in an amusement park that
365     employs more than 1,000 individuals in a calendar year shall carry liability insurance coverage
366     in at least the following amounts:
367          (a) $5,000,000 for bodily injury per occurrence;
368          (b) $1,000,000 for property damage per occurrence; and
369          (c) $10,000,000 [per occurrence combined single limit] annual aggregate limit.
370          Section 10. Section 72-16-306 is amended to read:
371          72-16-306. Reporting and shutdown for certain injuries.
372          (1) (a) An owner-operator shall report each known reportable serious injury to the
373     director within eight hours after the owner-operator learns of the reportable serious injury.
374          (b) An owner-operator shall include the following information in a report described in
375     Subsection (1)(a):
376          (i) the owner-operator's name and contract information;
377          (ii) the location of the amusement ride at the time the reportable serious injury
378     occurred;
379          (iii) a description of:
380          (A) the amusement ride; and
381          (B) the nature of the reportable serious injury; and
382          (iv) any other information required by rule made under this chapter.
383          (2) (a) In addition to the requirement described in Subsection (1), an owner-operator of
384     a mobile amusement ride shall report each known reportable serious injury and serious injury
385     to the fair, show, landlord, or owner of the property upon which the mobile amusement ride
386     was located at the time the reportable serious injury or serious injury occurred.
387          (b) After a reportable serious injury, the owner-operator may not operate the mobile
388     amusement ride until the owner-operator receives written authorization from[:(i) the fair,
389     show, landlord, or owner of the property upon which the amusement ride was located at the
390     time the serious injury occurred; or(ii) ] the director or the director's designee as required by
391     rule made in accordance with this chapter.
392          (3) For purposes of Title 63G, Chapter 2, Government Records Access and
393     Management Act, a report to the director described in this section and any record related to the
394     report is a protected record as defined in Section 63G-2-103, except the ride description, the
395     owner-operator, the location of the amusement ride at the time the reportable serious injury
396     occurred, and the general nature of the reportable serious injury.
397          Section 11. Section 72-16-401 is amended to read:
398          72-16-401. Penalty for violation.
399          (1) If an owner-operator or operator violates a provision of this chapter with respect to
400     an amusement ride, in accordance with Title 63G, Chapter 4, Administrative Procedures Act,
401     the director may:
402          (a) deny, suspend, or revoke, in whole or in part, the owner-operator's annual
403     amusement ride permit or multi-ride permit for the amusement ride[.]; or
404          (b) impose fines or administrative penalties in accordance with rules made by the
405     committee.
406          (2) Upon a violation of a provision of this chapter, the director may file an action in
407     district court to enjoin the operation of an amusement ride.