(1) An application for an operating permit to operate an amusement ride or device shall be made on an annual basis by the person owning the ride or device or the person’s agent or lessee. The application shall be on forms provided by the Department of Consumer and Business Services.

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(2) An application for an annual operating permit shall include an inspection report by an amusement ride inspector employed or otherwise authorized to inspect by the insurance carrier insuring the ride or device. The inspector shall indorse upon the application any restrictions and conditions that, in the inspector’s judgment, should be imposed upon the operation of the amusement ride or device to protect human life and property. In addition, the inspector shall indicate whether the amusement ride or device:

(a) Meets the underwriter’s standards;

(b) Meets safety standards approved by ASTM International; and

(c) Is assembled and operated in compliance with the manual supplied by the manufacturer of the ride or device.

(3) The inspection shall be performed no more than 90 days prior to the issuance or renewal date of the permit. The department may issue a temporary renewal permit without the required inspection report, allowing continued operation of a previously inspected ride or device if it appears to the department that the owner or operator has attempted to obtain an inspection, but inspection services are temporarily unavailable.

(4) An application shall include the name of the insurance carrier and the number of the insurance policy insuring the ride or device as required by ORS § 460.320 (1)(b).

(5) The department shall disapprove and reject an application for a permit if it determines that the:

(a) Owner or lessee of the amusement ride or device is not insured as required by ORS § 460.320 (1)(b);

(b) Operation does not meet safety standards as guided by the safety standards approved by ASTM International;

(c) Amusement ride or device is not assembled and operated in compliance with the manual supplied by the manufacturer; or

(d) Operation may endanger human life or property.

(6) Upon approval of an application and payment of fees as prescribed by rule, the department shall issue a permit authorizing operation of the amusement ride or device. [1959 c.619 3,4; 1971 c.753 § 53; 1977 c.874 § 2; 1981 c.566 § 8; 1985 c.705 § 3; 1993 c.164 § 3; 2013 c.1 § 67]