NY Lab L § 870-E (2021)
2021 New York Laws LAB - Labor Article 27 - Carnival, Fair and Amusement Park Safety 870-E - Inspections.

§  870-e.  Inspections.  Before  a permit may be issued as provided in   section eight hundred seventy-d of this article, an  inspection  of  the   amusement device, viewing stand or tent shall be made in compliance with   the  procedures set by the commissioner. Such inspection shall have been   conducted within one year prior to the permit application,  unless  such   period shall have been extended by operation of subdivision four of this   section.1.  In  the  case  of  a  permanent device, viewing stand or tent, the   amusement device, viewing  stand  or  tent  must  be  inspected  by  the   commissioner  or  his  authorized  representative, or in the city of New   York, by the building department, at the time  of  application  for  the   initial  permit.  In  the  case  of  an  amusement  device deemed by the   commissioner to  normally  be  operated  at  speeds  or  with  movements   creating  severe  centrifugal  forces,  the owner or operator making the   permit application for such device shall have available  for  inspection   such recommended maintenance and safety schedules or requirements as are   supplied  by the manufacturer of the device. An initial operating permit   shall not be granted in the absence of these documents. Thereafter,  the   amusement  device,  viewing  stand  or  tent  must be inspected at least   annually by  a  licensed  architect,  professional  engineer,  qualified   inspector  of  an insurance underwriter, or an inspector approved by the   commissioner as a  requirement  for  the  issuance  of  each  subsequent   permit. Such inspection shall at minimum comply with the requirements of   the  commissioner,  provided  that for amusement devices, at the time of   each such annual inspection, the owner or operator of such device  shall   have  available  for  inspection such recommended maintenance and safety   schedules or requirements as are supplied by  the  manufacturer  of  the   device  and shall have available documentation that such maintenance and   testing as are called for by the device manufacturer have been performed   during the term covered by the previous operating permit. No  subsequent   operating  permit shall be granted in the absence of these documents. An   affidavit of the annual inspection shall be filed with the commissioner.2. In the case of a temporary device,  viewing  stand  or  tent,  upon   first  entry into the state, the amusement device, viewing stand or tent   must be inspected by the commissioner or his  authorized  representative   for the permit to be issued. In the case of a temporary amusement device   deemed  by  the  commissioner  to  normally  operate  at  speeds or with   movements creating severe  centrifugal  forces  the  owner  or  operator   making  the  permit application for such device shall have available for   inspection  such  recommended  maintenance  and  safety   schedules   or   requirements  as  are  supplied  by  the  manufacturer of the device. An   operating permit shall not be granted in the absence of these documents.   Thereafter,  the  amusement  device,  viewing  stand  or  tent  must  be   inspected  at  least  annually  by  a  licensed  architect, professional   engineer,  qualified  inspector  of  an  insurance  underwriter,  or  an   inspector approved by the commissioner as a requirement for the issuance   of  each subsequent permit. Such inspection shall at minimum comply with   the requirements  of  the  commissioner,  provided  that  for  amusement   devices,  at  the  time  of  each  such  annual inspection, the owner or   operator of  such  device  shall  have  available  for  inspection  such   recommended  maintenance  and  safety  schedules  or requirements as are   supplied by the manufacturer of the  device  and  shall  have  available   documentation that such maintenance and testing as are called for by the   device  manufacturer  have been performed during the term covered by the   previous operating permit.  No  subsequent  operating  permit  shall  be   granted  in  the  absence of these documents. An affidavit of the annual   inspection shall be filed with the commissioner. 2-a. Where such maintenance and safety schedules as are called for  in   subdivisions  one  and  two  of  this  section  do  not exist or are not   available due to circumstances  beyond  the  control  of  the  owner  or   operator of an amusement device, the owner or operator shall, within six   months  of the discovery of the unavailability of such standards, submit   to  the  commissioner  a  proposed  schedule  of  maintenance  for  that   amusement  device  consistent  with  the  standards  for the testing and   maintenance of such devices established in accordance with the rules and   regulations promulgated pursuant to subdivision six of this section  and   shall  henceforth  be the schedule with which the owner or operator must   comply to qualify for annual operating permits.2-b. None of the provisions contained in  subdivision  two-a  of  this   section  shall  be interpreted as to prevent the owner or operator of an   amusement device from receiving an annual permit to operate such  device   during the proposed maintenance schedule submission process described in   such  subdivision  provided  that  such  owner or operator meets all the   requirements for an annual operating permit as they exist prior  to  the   effective date of this subdivision.2-c.  The owner or operator of an amusement device shall conspicuously   post a sign containing safety guidelines to be followed by patrons while   on or in the amusement device  and  behavior  or  activities  which  are   prohibited as threats either to the patrons themselves, other patrons or   the  general  public.  Such  signs shall contain warnings that there are   inherent risks in the participation in or on the amusement device, since   it is recognized that participation in or on the device may be hazardous   regardless of all feasible safety measures that can be undertaken by the   device owner or operator; and that there is a duty for  the  patrons  to   become  apprised of the warnings and the risks inherent in participation   in or on the amusement device if the warnings are not obeyed.  Prior  to   participating  in or on such amusement device, patrons shall familiarize   themselves with the posted safety warnings so  that  they  may  make  an   informed  decision  of  whether  to  participate  in  or  on  the device   notwithstanding the risks.3. In the case of an amusement device, viewing stand or tent which  is   substantially  rebuilt  or  substantially  modified  so as to change the   structure, mechanism, or capacity of the device, viewing stand or  tent,   the  owner  or  lessee shall give written notice to the commissioner who   shall cause the device, viewing stand or tent to be inspected  prior  to   the  time  in  which  it  is  put into operation and who shall cause any   current permit to be updated so as to include any modifications made  to   the device, viewing stand or tent.4.  In  the event an operator is unable to secure an inspection by his   insurance carrier  within  one  year  from  the  date  of  the  previous   inspection,  such previous inspection shall be deemed valid for purposes   of this article for a period of thirty additional  days,  provided  such   operator  made  an  inspection request to his insurance carrier at least   sixty days prior to the inspection anniversary date.5. No amusement device, viewing stand or tent which fails to  pass  an   inspection  shall  be  operated  for  public  use  until it has passed a   subsequent inspection.6. The commissioner shall, in consultation with the carnival, fair and   amusement park safety advisory board as established under section  eight   hundred  seventy-n of this article, as added by a chapter of the laws of   two thousand six, establish rules and  regulations  providing  standards   for  the design, manufacture, testing, inspection, quality assurance and   terminology of amusement devices. The rules and regulations  established   pursuant  to  this  subdivision  shall  be  consistent with the national    standards for amusement devices, as established by the American  Society   of Testing and Materials.