(a)(1)  A permanent amusement device or amusement attraction may not be operated in the state without a permit issued by the department. Temporary amusement devices and amusement attractions must also have a certificate to operate. The permits and certificates are not transferable, and if any permit holder voluntarily discontinues operation of the amusement device or amusement attraction, all rights secured under the permit are terminated.

(2)  Before commencement of the operation of a permanent amusement device or amusement attraction, the owner shall make written application to the department for a permit to operate. A permit shall be issued to any owner who presents to the department a certificate issued by a qualified inspector that the amusement attraction or amusement ride has undergone and passed its annual inspection. Permanent amusement rides/devices shall be inspected one time per year by a qualified inspector. The permit shall be valid for a period of one year. In order to perform the above inspection, the ride or device shall be disassembled only to the extent that will make every connection (either welded or bolted), accessible for thorough inspection. The inspection shall at a minimum comply with the requirements of the American Society for Testing and Materials (ASTM Committee F-24 on amusement rides and devices). An affidavit of the annual disassembled ride inspection, must be filed with the department.

(3)  A temporary amusement device or amusement attraction, upon first entry into the state, must be inspected by the department for the permit to be issued. Additionally, it must be inspected at least annually by a professional engineer, or other qualified inspector, each of whom must be approved by the department. The inspection shall at a minimum comply with the requirements of the American Society for Testing and Materials (ASTM Committee F-24 on amusement rides and devices). An affidavit of the annual inspection must be filed with the department.

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Terms Used In Rhode Island General Laws 23-34.1-5

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amusement attraction: means any building or structure around, over, or through which persons may move to walk, without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills, or excitement. See Rhode Island General Laws 23-34.1-3
  • Amusement ride: means any mechanical device that carries, suspends, or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area, for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. See Rhode Island General Laws 23-34.1-3
  • Certificate to operate: means that document that indicates that the temporary amusement device has undergone the inspection required after setup. See Rhode Island General Laws 23-34.1-3
  • Commissioner: means the state building commissioner. See Rhode Island General Laws 23-34.1-3
  • Department: means the department of business regulation. See Rhode Island General Laws 23-34.1-3
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Inspection: means the physical examination of an amusement ride or device made by the commissioner, or his or her authorized representative, prior to operating the amusement device for the purpose of approving the application for a license. See Rhode Island General Laws 23-34.1-3
  • Owner: means the person or persons holding title to, or having possession or control of, the amusement ride or device or concession booth. See Rhode Island General Laws 23-34.1-3
  • Permit: means that document that signifies that the amusement device or amusement attraction has undergone and passed its annual inspection. See Rhode Island General Laws 23-34.1-3
  • Temporary amusement device: means a device that is used as an amusement device or amusement attraction that is regularly relocated from time to time, with or without disassembly. See Rhode Island General Laws 23-34.1-3

(b)  Additional inspections in either a disassembled or assembled configuration shall be conducted if evidence of a dangerous or defective condition is presented to the commissioner.

(c)  For the purposes of this chapter, “qualified inspector” has the meaning attributed to an inspector who possesses the qualifications set forth in § 23-34.1-18.

History of Section.
P.L. 1997, ch. 79, § 2; P.L. 2002, ch. 317, § 1.