Ohio Code 993.07 – Owner’s duties
(A)(1) As used in this section, “major repair” means a repair that is outside of the normal maintenance conducted on an amusement ride.
Terms Used In Ohio Code 993.07
- Accident: means an occurrence during the operation of an amusement ride that results in death or injury requiring immediate hospital admission. See Ohio Code 993.01
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Amusement ride: includes carnival rides, bungee jumping facilities, and fair rides, but does not include passenger tramways as defined in section 4169. See Ohio Code 993.01
- Amusement ride operator: means any person causing the amusement ride to go, stop, or perform its function. See Ohio Code 993.01
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Inspection: includes a reinspection. See Ohio Code 993.01
- Maintenance: means the preservation and upkeep of an amusement ride for the purpose of maintaining its designed operational capability. See Ohio Code 993.01
- Operation: means the use or operation, or both, of an amusement ride with riders. See Ohio Code 993.01
- Owner: means any person who owns or leases and controls or manages the operation of an amusement ride, and includes individuals, partnerships, corporations, both profit and nonprofit, and the state and any of its political subdivisions and their departments or agencies. See Ohio Code 993.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Reassembly: means the installation, erection, or reconstruction of the main mechanical, safety, electrical, or electronic components of an amusement ride following transportation or storage and prior to operation. See Ohio Code 993.01
- Repair: means to restore an amusement ride to a condition equal to or better than original design specifications. See Ohio Code 993.01
- state: means the state of Ohio. See Ohio Code 1.59
- Temporary amusement ride: means an amusement ride that is relocated at least once per year with or without disassembly. See Ohio Code 993.01
(2) The owner of an amusement ride shall maintain a current maintenance, repair, and inspection record for each amusement ride in accordance with rules prescribed under division (B) of section 993.04 of the Revised Code. The owner shall take photographs of the portion of the ride subject to any major repair prior to and after the major repair. The owner also shall prepare a detailed written description of each such major repair. The owner shall include the photographs and such descriptions in the record. The owner also shall include in the record information on the date and nature of all inspections of the amusement ride made by the department of agriculture or the owner, and a record of all violations of the rules issued by the department and actions taken by the owner to correct such violations.
The department or any inspector employed by the department may request an owner’s record at any time and, upon request, the owner shall make the record available to the department or inspector.
(3) No owner shall fail to keep maintenance, repair, and inspection records as required under division (A)(1) of this section and no owner shall fail to make such records available to the department or any inspector employed by the department upon request.
The owner of a temporary amusement ride shall inspect that ride in accordance with rules prescribed under division (B) of section 993.04 of the Revised Code each time that there is a reassembly of the ride.
(B) The owner of an amusement ride shall maintain records of all serious injuries involving riders, containing such information as the department prescribes, on forms prescribed by the department. These records shall be made available for inspection by the department on request. In the case of an accident, the owner of an amusement ride shall immediately notify the department by telephone or in person and subsequently file a written report with the department within twenty-four hours of the accident.
(C)(1) The owner of a temporary amusement ride shall submit both of the following to the department:
(a) A list of locations and dates where the ride was either stored for a period longer than thirty days or operated outside of this state. Upon review of the list, the department may require additional testing, inspections, and documentation to be completed prior to issuing a permit.
(b) A tentative schedule of events at which the owner’s ride will operate during the upcoming season.
(2) The director shall adopt rules establishing timetables and procedures for providing and updating the information required under division (C)(1) of this section.
(D) An amusement ride operator shall be at least sixteen years of age, shall be in attendance whenever the ride is in operation, and shall operate no more than one ride at a time. The owner or amusement ride operator may deny any person entrance to the amusement ride if the owner or operator believes the entry may jeopardize the safety of the person desiring entry, riders, or other persons.
(E) In addition to the annual inspection or reinspection of an amusement ride for a permit or other reason required by the rules adopted under division (B) of section 993.04 of the Revised Code, the department may inspect any amusement ride after the report of an accident or in response to a complaint filed with the department.
(F) The director may order in writing a temporary cessation of the operation of an amusement ride that the department finds by inspection to be unsafe by reason of a violation of the rules adopted under division (B) of section 993.04 of the Revised Code. The operation of that amusement ride shall not resume until the condition causing the violation has been corrected and the amusement ride is reinspected. Any reinspection under this division shall take place within twenty-four hours after notice to the department by the owner that the condition causing the violation has been corrected.