72-16-303.  Certification of inspectors.

(1)  To become a qualified safety inspector, an individual shall obtain and maintain a qualified safety inspector certification from the director in accordance with this section.

Terms Used In Utah Code 72-16-303

  • 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
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • 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
(2)  To obtain a qualified safety inspector certification from the director, an individual shall submit an application described in Subsection (3) and a fee established by the committee in accordance with Section 63J-1-504.

(3)  An application for a qualified safety inspector certification shall be in a form prescribed by the director and include information that demonstrates the applicant:

(a) 

(i) 

(A)  is a professional engineer, licensed in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, or an engineer with a comparable license from another state as determined by the committee; and

(B)  has at least three years of experience in the amusement ride industry, at least two of which include actual inspection of amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer;

(ii) 

(A)  has at least three years of experience inspecting amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; and

(B)  is certified by a nationally recognized organization in the amusement ride safety industry approved by the committee; or

(iii) 

(A)  has at least three years of experience inspecting amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; and

(B)  is employed by an amusement park that employs more than 1,000 individuals in a calendar year;

(b) 

(i)  has liability insurance for bodily injury and property damage in compliance with rules made by the committee; or

(ii)  is an employee or authorized agent of an insurance company; and

(c)  is a member of and actively participates in an entity that develops standards applicable to the operation of amusement rides.

(4)  To obtain a renewal of a qualified safety inspector certification, a qualified safety inspector shall submit to the director a fee established by the committee in accordance with Section 63J-1-504 and a renewal application that demonstrates that the qualified safety inspector:

(a)  satisfies the requirements described in Subsection (3); and

(b)  during the previous two-year period, completed at least 12 hours of continuing education instruction provided by:

(i)  a nationally recognized amusement industry organization;

(ii)  a nationally recognized organization in a relevant technical field;

(iii)  an owner-operator, through an owner-operator-run safety program approved by the committee; or

(iv)  an amusement park that employs more than 1,000 individuals in a calendar year.

(5)  The director shall issue a qualified safety inspector certification to each individual who submits an application or a renewal application that is in a form prescribed by the director and complies with the requirements of this section and any applicable rules and fees.

(6)  A qualified safety inspector certification expires two years after the day on which the director issues the qualified inspector certification.

(7)  In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the director may deny, suspend, or revoke a qualified safety inspector certification if an individual fails to satisfy a requirement of this chapter or any applicable rule.

(8)  A qualified safety inspector who is employed by the owner-operator of an amusement ride may complete an inspection of the amusement ride.

Amended by Chapter 423, 2020 General Session

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