An Act Regarding the Application Fees and Inspection Fees Associated with the Provision of Amusement Rides
Maine Legislature, Session 127, LD 1529
Committee Amendment CA_A_S382 (Senate)
Amends: 8 MRSA §471, 8 MRSA §472, 8 MRSA §473, 8 MRSA §475

COMMITTEE AMENDMENT " A " to S.P. 591, L.D. 1529, Bill, "An Act 
Regarding the Application Fees and Inspection Fees Associated with the Provision of 
Amusement Rides" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournmen(unless enacted as emergencies; and 
Whereas, maintaining the safety of amusement rides operated in this State is crucial 
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to public safety and the economic viability of events that use amusement rides; and 
Whereas, annual inspections of amusement rides by the Office of the State Fire 
Marshal is key to ensuring their structural integrity; and 
Whereas, the Legislature needs to enact properly structured inspection fees to 
ensure the Office of the State Fire Marshal can continue to conduct amusement ride 
inspections in a timely and cost-efficient manner; and 
Whereas, amusement rides will begin operating in the summer, which is prior to 90 
days after adjournment of the Second Regular Session of the 127th Legislature; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 8 MRSA §471, sub-§1, as enacted by PL 2015, c. 148, §1, is amended to 
read: 
1. Amusement ride. "Amusement ride" means a device or combination of devices 
or elements that carry, convey or direct . a person over or through a fixed or restricted 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT".(\ "to S.P. 591, L.D. 1529 
course or within a defined area for the primary purpose of amusement or entertainment. 
"Amusement ride" does not include nomneehamzed playgroUBd eqmpmeat or a eoin 
operated ride that is manually, meehamcally or electrically operated, is customarily 
placed in a public location and does not normally reqmre the supervision or services of an 
ouerator..;. 
A An inflatable bounce house or similar inflatable structure; or 
B. Nonmechanized playground equipment or a coin-operated ride that is manually, 
mechanically or electrically operated, is customarily placed in a public location and 
does not normally require the supervision or services of an operator. 
Sec. 2. 8 MRSA §472, sub-§6, as enacted by PL 2015, c. 148, §1, is amended to 
read: 
6. Application and inspection required. A person may not operate an amusement 
ride prior to filing an application with the Office of the State Fire Marshal and before the 
amusement ride passes inspection as required in this section. An application must be 
aecompamed by payment of an applieation fee ia an amount set ey rale adopted by the 
coHlfllissioner not to exceed $100 per amusement ride. An application must include the 
following: 
A The name of the person or corporation operating the amusement ride; 
B. A statement of proposed territory within the limits of the State, including the 
names of the cities and towns, in which the amusement ride is to operate; and 
C. 
A certificate of public liability insurance from an insurer approved by the 
commissioner in accordance with subsection 2. 
Sec. 3. 8 MRSA §473, as enacted by PL 2015, c. 148, §1, is amended to read: 
§473. Amusement ride inspection fee 
The amusement ride inspection fee is .$+§. $100 per H:lBf)eetor per hour with a 
minimHffl. charge of $75 amusement ride identified in an inspection application submitted 
to the Office of the State Fire Marshal pursuant to section 472, subsection 6. 
The 
applicant must pay the $100 inspection fee for each amusement ride identified in the 
application, even if an amusement ride identified in the application is not available for 
inspection at the time the Office of the State Fire Marshal conducts its inspection. The 
applicant must pay an additional $100 per amusement ride each time an amusement ride 
inspector must return to inspect a ride that was identified in the application but was not 
available for inspection during the prior inspectio°'. 
Sec. 4. 8 MRSA §475, sub-§§3 and 4, as enacted by PL 2015, c. 148, §1, are 
amended to read: · 
3. Inspection fee. An amusement device may be inspected as determined necessary 
to protect the public safety by the commissioner. The amusement device inspection fee is 
.$+§. $100 per inspector per hour vrith a HH:B±ffil:lffi charge of $75 amusement device. If an 
amusement device is not available for inspection by the Office of the State Fire Marshal 
at the time agreed upon by the amusement ride inspector and the owner or operator of the 
device, the owner or operator of the amusement device must still pay the $100 inspection 
COMMITTEE AMENDMENT 
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COMMITIEEAMENDMENT" A "to S.P. 591,L.D.1529 
fee for the amusement device and an additional $100 per amusement device each time an 
amusement ride inspector must return to inspect a device that was not available for 
inspection during the prior inspection. 
4. Amusement device defined. For purposes of this section, "amusement device" 
means a device by which a person is carried or conveyed or is allowed to move on, 
around or over a fixed course within a defined area intended to thrill, excite or amuse, 
including, but not limited to, bungee jumping and water slides, regardless of whether a 
fee to use the device is charged. "Amusement device" does not include an amusement 
ride, lfehiele or deviee the operation of \Yffi6fl is rega-1:ated as to safety by any other 
prolfision of lav,, exeept a muni.eipal oF<liBanee l:l:E:der Title 30 A, seetion 3001, or any 
eoin operated am.l:lsement delfiee on a noamolfing base that is designed to aeeommodate 
one ehild.~ 
A. An amusement ride; 
B. An inflatable bounce house or similar inflatable structure; 
C. A vehicle or device the operation of which is regulated as to safety by any other 
provision oflaw, except a municipal ordinance under Title 30-A, section 3001; or 
D. A coin-operated amusement device on a nonmoving base that is designed to 
accommodate one child. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill, which is a concept draft, adds an emergency 
preamble and emergency clause and makes the following changes to the law regarding 
the inspection of amusement rides and amusement devices. 
1. It removes the $100 application fee for the inspection of amusement rides. 
2. It changes the inspection fee for amusement rides and amusement devices from 
$75 per hour per ride or device to a $100 flat fee per amusement ride or amusement 
device. 
3. It provides that if an amusement ride or amusement device is not available for 
inspection at the time the Office of the State Fire Marshal conducts its inspections, the 
owner or operator must still pay the $100 inspection fee and an additional $100 per 
amusement ride or amusement device each time an inspector must return to inspect a ride 
or device that was not available for inspection during the prior inspection. 
4. It exempts a bounce house or other similar inflatable structures from the inspection 
requirement imposed on amusement rides and amusement devices. 
COMMITTEE AMENDMENT 
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Approved: 03/04/16 feac 
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LD 1529 
LR2315(02) 
An Act Regarding the Application Fees and Inspection Fees Associated with the Provision of 
Amusement Rides 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" S-~ii. 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium revenue decrease - Other Special Revenue Funds 
This bill changes the amusement ride and device inspection fee from an hourly rate of $7 5 to a fee of $100 per ride or 
device. In fiscal year 2014 the Office of State Fire Marshal (SFM) expended $88, 725 toward the inspection and 
administration of amusement rides and collected $32,025 in revenue. In fiscal year 2015 the SFM expended $80,475 
and collected $52,326 in revenue. The SFM has indicated the proposed fee structure will reduce revenues below 
previous years. No estimate has been made at this time. 
LR2315(02) - Fiscal Note - Page 1 of 1 
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