(a) The owner or operator of an amusement device shall immediately cease to operate any amusement device upon which a fatality, serious physical injury, or serious incident has occurred. An owner shall report any accident involving a fatality, serious physical injury, or serious incident resulting from the operation of an amusement device to the commissioner, in writing, within twenty-four (24) hours and contact a qualified inspector from the list maintained by the commissioner pursuant to § 68-121-119 to conduct an inspection.

Terms Used In Tennessee Code 68-121-118

  • Amusement device: includes , but is not limited to, roller coasters, Ferris wheels, merry-go-rounds, glasshouses, and walk-through dark houses. See Tennessee Code 68-121-101
  • Commissioner: means the commissioner of labor and workforce development. See Tennessee Code 68-121-101
  • Department: means the department of labor and workforce development. See Tennessee Code 68-121-101
  • Operator: means a person or the agent of a person who owns or controls, or has the duty to control, the operation of an amusement device or related electrical equipment. See Tennessee Code 68-121-101
  • Owner: means a person that owns, leases, controls or manages the operations of an amusement device and may include the state or any political subdivision of the state. See Tennessee Code 68-121-101
  • Qualified inspector: means any person who is:
    (A) Found by the commissioner to possess the requisite training and experience in respect to amusement devices to perform competently the inspections required by this chapter. See Tennessee Code 68-121-101
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Safety rules: means the rules and regulations governing rider conduct on an amusement device pursuant to §. See Tennessee Code 68-121-101
  • Serious incident: means any single incident where any person or persons are immediately transported to a licensed off-site medical care facility for treatment of an injury as a result of being on, or the operation of, the amusement device. See Tennessee Code 68-121-101
  • Serious physical injury: means a patron's personal injury immediately reported to the owner or operator as occurring on an amusement device and that results in death, dismemberment, significant disfigurement or other significant injury that requires immediate in-patient admission and twenty-four-hour hospitalization under the care of a licensed physician for other than medical observation. See Tennessee Code 68-121-101
(b) The cessation shall remain in force until an inspection has been performed by a qualified inspector, the inspector has determined that the amusement device or related equipment is safe for public use, and the department has authorized the owner or operator to resume operation of the amusement device.
(c) The qualified inspector shall initiate the inspection within twenty-four (24) hours of receipt of the report of a fatality, serious physical injury, or serious incident caused by the operation of an amusement device and shall perform the inspection in a manner that proceeds with all practicable speed and minimizes the disruption of the remainder of the amusement devices at the site where the amusement device is located, as well as unrelated commercial activities. The cost of an inspection shall be paid for by the owner of the amusement device. The amusement device may resume operation, upon authorization from the department, immediately following the reasonable determination by a qualified inspector that a principal cause of the serious physical injury was the victim’s failure to comply with the posted safety rules or with verbal instructions. If an owner or operator of an amusement device fails to comply with any requirement listed in this section, that owner or operator shall incur a penalty of three hundred dollars ($300) each day, enforceable by the department, until full compliance is achieved. Any penalties deposited or collected shall be deposited into the general fund.
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