(a) A person shall not operate an amusement device unless the owner of the amusement device has the device inspected at least once annually by a qualified inspector, who is either provided by the commissioner or whom the owner or insurer has selected from the lists maintained on the department‘s website pursuant to § 68-121-119, and has obtained written documentation from the qualified inspector that the inspection has been made and the amusement device meets American Society of Testing Materials (ASTM) standards or the Association for Challenge Course Technology (ACCT) industry standards. The owner of the amusement device is solely responsible for the cost of an inspection conducted pursuant to this subsection (a).

Terms Used In Tennessee Code 68-121-120

  • 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
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) The inspection required pursuant to subsection (a) must be conducted, at a minimum, to meet the manufacturer’s or engineer’s specifications and to follow the applicable ASTM standards or ACCT industry standards.
(c) The commissioner may conduct a spot inspection of any amusement device without notice at any time while the amusement device is operating or will be operating in this state. The commissioner’s designee may order temporary suspension of an operating permit if it has been determined after a spot inspection that an amusement device or devices are hazardous or unsafe. Operation of the amusement device shall not resume until the hazardous or unsafe condition has been corrected and subjected to reinspection by the commissioner for an inspection fee established by rule.
(d) An operator of an amusement device must be competent and at least sixteen (16) years of age. An operator shall operate no more than one (1) amusement device at any one (1) time and shall be in attendance at all times the device is in operation.
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