KRS § 247.233 — KY Code / Title XXI / Chapter 247 / Section 247.233
247.233 Occurrence involving amusement ride or attraction resulting in death, certain injuries, or damage affecting future safe operation -- Investigation -- Administrative violations and civil penalties
Status: in_force

247.233 Occurrence involving amusement ride or attraction resulting in death,

certain injuries, or damage affecting future safe operation -- Investigation --

Administrative violations and civil penalties.

(1) The owner of any amusement ride or attraction shall, within twelve (12) hours,

notify the department of any occurrence involving an amusement ride or attraction

if the occurrence results in:

(a) Death;

(b) Injury to a person, where:

1. The owner knows or reasonably should know that the injury was caused

by the amusement ride or attraction; and

2. The owner knows or reasonably should know that the injury required

medical treatment other than first aid; or

(c) Damage to an amusement ride or attraction that affects the future safe

operation of the ride or attraction. Reporting is not required in the case of

normal wear and tear.

(2) The department shall, after notification of an occurrence described in subsection (1)

of this section, make a complete and thorough investigation of the occurrence. The

report of the investigation shall be placed on file in the department and shall give in

detail all facts and information available. The owner may submit results of

investigations independent of the department's investigation for inclusion in the file.

(3) No person, following an occurrence described in subsection (1) of this section,

shall:

(a) Operate or move the amusement ride or attraction without the approval of the

department, unless necessary to prevent injury to a person; or

(b) Remove from the premises any damaged or undamaged part of the amusement

ride or attraction or attempt to repair any damaged part before the department

has completed its investigation. The department shall initiate its investigation

within twelve (12) hours of being notified.

(4) The department may:

(a) Conduct hearings;

(b) Administratively subpoena and examine under oath persons whose activities

are subject to KRS 247.232 to 247.236;

(c) Issue administrative subpoenas and examine the business records, books, and

accounts of persons whose activities are subject to KRS 247.232 to 247.236;

and

(d) Request any other information necessary to assist the department in properly

performing the department's duties.

(5) The department shall have control of any incident scene involving an amusement

ride or attraction if there has been an occurrence described in subsection (1) of this

section. The department shall remain in control of the scene until the department

completes its investigation and releases the scene. The department shall have access

within twelve (12) hours to all documents or records pertaining to the amusement

ride or attraction.

(6) (a) The department shall promulgate administrative regulations relating to

amusement rides and attractions that establish:

1. A comprehensive set of administrative violations and civil penalties not

to exceed ten thousand dollars ($10,000); and

2. The procedure for the suspension or revocation of any business

identification number, license, or other certificate issued by the

department.

(b) No owner of an amusement ride or attraction shall remove the amusement ride

or attraction from the state before paying all civil penalties imposed under this

subsection.