Kansas Statutes 44-1602. Inspections; issuance of certificates; compliance audits
Terms Used In Kansas Statutes 44-1602
- Amusement ride: means any mechanical or electrical device that carries 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, including, but not be limited to:
(A) Rides commonly known as ferris wheels, carousels, parachute towers, bungee jumping, reverse bungee jumping, tunnels of love, roller coasters, boat rides, water slides, inflatable devices, commercial zip lines, trampoline courts and go-karts;
(B) equipment generally associated with winter activities, such as ski lifts, ski tows, j-bars, t-bars, chair lifts and aerial tramways; and
(C) equipment not originally designed to be used as an amusement ride, such as cranes or other lifting devices, when used as part of an amusement ride. See Kansas Statutes 44-1601
- Antique amusement ride: means an amusement ride, as defined in subsection (a)(1), manufactured prior to January 1, 1930. See Kansas Statutes 44-1601
- Certificate of inspection: means a certificate, signed and dated by a qualified inspector, showing that an amusement ride has satisfactorily passed inspection by such inspector. See Kansas Statutes 44-1601
- Department: means the department of labor. See Kansas Statutes 44-1601
- 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.
- Limited-use amusement ride: means an amusement ride, as defined in subsection (a)(1), owned and operated by a nonprofit, community-based organization that is operated for less than 20 days, or 160 hours, in a year and is operated at only one location each year. See Kansas Statutes 44-1601
- Operator: means a person actually supervising, or engaged in or directly controlling the operations of an amusement ride. See Kansas Statutes 44-1601
- Owner: means a person who owns, leases, controls or manages the operations of an amusement ride and may include the state or any political subdivision of the state. See Kansas Statutes 44-1601
- Person: means any individual, association, partnership, corporation, limited liability company, government or other entity. See Kansas Statutes 44-1601
- Qualified inspector: means a person who:
(1) Is a licensed professional engineer, as defined in Kan. See Kansas Statutes 44-1601
- Registered agritourism activity: means an amusement ride, as defined in subsection (a)(1), that is a registered agritourism activity, as defined in Kan. See Kansas Statutes 44-1601
- Secretary: means the secretary of labor. See Kansas Statutes 44-1601
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) No amusement ride shall be operated in this state unless such ride has a valid certificate of inspection. An amusement ride erected in this state shall be inspected by a qualified inspector at least every 12 months.
The certificate of an inspection required by this subsection shall be signed and dated by the inspector and shall be available to any person contracting with the owner for the operation of such amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity. In addition, a visible inspection decal provided by the department or other evidence of inspection shall be posted in plain view on or near the amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity in a location where it can easily be seen.
(b) Inspections performed pursuant to this section shall be paid for by the owner of the amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity, or in the case of a state agency or political subdivision of the state, such governmental entity shall pay for the inspection.
(c) In addition to the annual inspection required by subsection (a), the operator of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall perform and record daily inspections of the ride. The daily inspection shall include an inspection of equipment identified for daily inspection in accordance with the applicable codes and the manufacturer’s recommendations.
(d) The secretary shall conduct random compliance audits of amusement rides erected both at permanent locations and at temporary locations. A warning citation for violation of this act shall be issued against any owner or operator for a first violation.
(e) The secretary shall develop an inspection checklist, which shall be posted on the department’s website.