Utah Code 72-16-301. Requirements for amusement ride operation

72-16-301. Requirements for amusement ride operation.

(1)

Beginning on April 1, 2023, a person may not operate an amusement ride in the state that is open to the public, unless the person obtains:

Terms Used In Utah Code 72-16-301

Amusement park: means a permanent indoor or outdoor facility or park where one or more amusement rides are available for use by the general public. See Utah Code 72-16-102
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
Mobile amusement ride: means an amusement ride that is:

(a)	designed or adapted to be moved from one location to another;

(b)	not fixed at a single location; and

(c)

relocated at least once each calendar year. 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

Permanent amusement ride: means an amusement ride that is not a mobile amusement ride. See Utah Code 72-16-102

Person: means :Utah Code 68-3-12.5

Property: includes both real and personal property. See Utah Code 68-3-12.5

Safety inspection certification: means a written document that:

(a)

is signed by a qualified safety inspector certifying that:

(i)	the qualified safety inspector performed an in-person inspection of an amusement ride to check compliance with the safety standards described in Section 72-16-304 and established by rule; and

(ii)

at the time the qualified safety inspector performed the in-person inspection, the amusement ride:

(A)	was set up for use by the general public; and

(B)	satisfied the safety standards described in Section 72-16-304 and established by rule; and

(b)	includes the date on which the qualified safety inspector performed the in-person inspection. See Utah Code 72-16-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)	an annual amusement ride permit for the amusement ride in accordance with this section; or

(b)	a multi-ride annual amusement ride permit that includes the amusement ride, in accordance with this section.

(2)

To obtain or renew an annual amusement ride permit for a mobile amusement ride, the owner-operator shall submit an application to the director that contains the following and is in a form prescribed by the director:

(a)	the owner-operator’s name and address;

(b)	a description of the mobile amusement ride, including the manufacturer’s name, the serial number, and the model number;

(c)	each known location in the state where the owner-operator intends to operate the mobile amusement ride during the 12-month period for which the annual amusement ride permit is valid, updated in accordance with Subsection (5);

(d)	for each location identified under Subsection (2)(c), the name and contact information of the fair, show, landlord, or property owner;

(e)	the date on which the owner-operator intends to set up the mobile amusement ride at each location identified under Subsection (2)(c);

(f)	the dates on which the owner-operator intends to operate the mobile amusement ride for use by the general public at each location identified under Subsection (2)(c);

(g)	proof of compliance with the insurance requirement described in Section 72-16-305;

(h)	a safety inspection certification dated no more than 30 days before the day on which the owner-operator submits the application; and

(i)	a fee established by the committee in accordance with Section 63J-1-504.

(3)

To obtain or renew an annual amusement ride permit for a permanent amusement ride, the owner-operator shall submit an application to the director that contains the following information and is in a form prescribed by the director:

(a)	the owner-operator’s name and address;

(b)	a description of the permanent amusement ride, including the manufacturer’s name, the serial number, and the model number;

(c)	the location in the state where the owner-operator will operate the permanent amusement ride;

(d)	the first date on which the owner-operator intends to operate the permanent amusement ride for use by the general public;

(e)	proof of compliance with the insurance requirement described in Section 72-16-305;

(f)	a safety inspection certification dated no more than 30 days before the day on which the owner-operator submits the application; and

(g)	a fee established by the committee in accordance with Section 63J-1-504.

(4)

To obtain or renew a multi-ride annual amusement ride permit for all amusement rides located at an amusement park that employs more than 1,000 individuals in a calendar year, the amusement park shall submit an application to the director that contains the following information and is in a form prescribed by the director:

(a)	the amusement park’s name and address;

(b)	a list of each amusement ride located at the amusement park, including a description of each amusement ride;

(c)	the first date on which the amusement park will operate each amusement ride identified in Subsection (4)(b);

(d)	proof of compliance with the insurance requirement described in Section 72-16-305;

(e)	a safety inspection certification for each amusement ride identified in Subsection (4)(b) that is dated no more than 30 days before the day on which the amusement park submits the application; and

(f)	a fee for each amusement ride identified under Subsection (4)(b) established by the committee in accordance with Section 63J-1-504.

(5)

(a)

In accordance with committee rule, an owner-operator of a mobile amusement ride shall update the information described in Subsection (2)(c) if the owner-operator learns of a new location where the owner-operator intends to operate the mobile amusement ride during the 12-month period for which the annual amusement ride permit is valid.

(b)

An owner-operator may not operate a mobile amusement ride that is open to the public at a location in the state, unless the owner-operator includes the location:

(i)	in the owner-operator’s application or renewal for an annual amusement ride permit for the mobile amusement ride in accordance with Subsection (2)(c); or

(ii)	in an update described in Subsection (5)(a) that the owner-operator submits to the director before operation of the mobile amusement ride at the location.

(6)

The director shall issue:

(a)	an annual amusement ride permit for each amusement ride for which the owner-operator submits a complete application or renewal application that satisfies the requirements of this chapter and any applicable rules and fees; and

(b)	a multi-ride annual amusement ride permit to each amusement park that employs more than 1,000 individuals in a calendar year and submits a complete application or renewal application that satisfies the requirements of this chapter and any applicable rules and fees.

(7)	An annual amusement ride permit or a multi-ride annual amusement ride permit expires one year after the day on which the director issues the annual amusement ride permit or the multi-ride annual amusement ride permit.

(8)

An owner-operator or amusement park shall maintain a copy of a current annual amusement ride permit or multi-ride annual amusement ride permit and upon request, reasonable notice, and payment of reasonable copying expense, if applicable:

(a)	make the copy available for examination; or

(b)	provide a copy of the annual amusement ride permit or multi-ride annual amusement ride permit.

Amended by Chapter 267, 2021 General Session

Previous section

Next section

Part 3 Contents