Utah Code 72-16-203. Rulemaking

72-16-203. Rulemaking.

(1)

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the provisions of this chapter the committee may make rules:

Terms Used In Utah Code 72-16-203

Amusement ride: means a device or combination of devices or elements that carries or conveys one or more riders along, around, or over a fixed or restricted route or course or allows the riders to steer or guide the device within an established area for the purpose of giving the riders amusement, pleasure, thrills, or excitement. See Utah Code 72-16-102
Committee: means the Utah Amusement Ride Safety Committee created in Section 72-16-201. See Utah Code 72-16-102
Director: means the director of the committee, hired under Section 72-16-202. See Utah Code 72-16-102
Owner-operator: means the person who has control over and responsibility for the maintenance, setup, and operation of an amusement ride. See Utah Code 72-16-102
Qualified safety inspector: means an individual who holds a valid qualified safety inspector certification. See Utah Code 72-16-102
Qualified safety inspector certification: means a certification issued by the director under Section 72-16-303. See Utah Code 72-16-102
Reportable serious injury: means an injury to a rider that:

(a)	occurs when there is a failure or malfunction of an amusement ride; and

(b)

results in death, dismemberment, permanent disfigurement, permanent loss of the use of a body organ, member, function, or system, or a compound fracture. See Utah Code 72-16-102

Serious injury: means an injury to a rider that:

(a)	occurs when there is a failure or malfunction of an amusement ride; and

(b)

requires immediate admission to a hospital and overnight hospitalization and observation by a licensed physician. See Utah Code 72-16-102

(a)

establishing:

(i)

the form of an application and a renewal application for:

(A)	a qualified safety inspector certification;

(B)	an annual amusement ride permit; and

(C)	a multi-ride annual amusement ride permit;

(ii)

the procedure to apply for and renew:

(A)	a qualified safety inspector certification;

(B)	an annual amusement ride permit; and

(C)	a multi-ride annual amusement ride permit;

(iii)

standards for a daily inspection under Section 72-16-302;

(iv)	the form of a report of a reportable serious injury to the director;

(v)	the procedure for reporting a reportable serious injury to the director;

(vi)

the procedure to suspend and revoke:

(A)	a qualified safety inspector certification;

(B)	an annual amusement ride permit; and

(C)	a multi-ride annual amusement ride permit;

(vii)

a retention schedule that applies to each qualified safety inspector for records related to a qualified safety inspector’s duties under this chapter;

(viii)

a retention schedule that applies to each owner-operator for records related to an owner-operator’s duties under this chapter;

(ix)

fees;

(x)	minimum insurance requirements for certified inspectors; and

(xi)	fines or administrative penalties for lack of compliance with this chapter.

(b)	regarding the experience required to obtain a qualified safety inspector certification under Subsection 72-16-303(3)(a); and

(c)

adopting nationally recognized:

(i)	amusement ride inspection standards; and

(ii)	qualified safety inspector qualification standards.

(2)	Notwithstanding Subsection 63G-3-301(13), no later than December 1, 2020, the committee shall initiate rulemaking proceedings, as defined in Section 63G-3-301, to make rules under this section.

Amended by Chapter 267, 2021 General Session

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