870-E - Inspections.

§  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 department shall operate, maintain and  regularly  update  an  internal  electronic  database  recording  the  date of every inspection  performed by the state pursuant to this section on each amusement device  operated in this state, and a record of any amusement device  which  has  had  its  permit  revoked  by  the  commissioner  and  the  date of such  revocation, the date when  the  permit  for  such  amusement  device  is  reissued,  the  safety record of each such device, including a record of  any serious injury occurring on such device and the  time  and  date  ofsuch injury. On or before February first each year, the department shall  submit a report to the governor and the legislature on the safety record  of  the  industry including any revoked permits of amusement devices and  the safety records of serious injuries occurring on amusement devices in  the state during the preceding calendar year.    * NB Effective upon an appropriation becoming law in fiscal year 2007    * NB There are 2 sb 6's    * 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.    * NB There are 2 sb 6's