Arkansas Administrative Code › Agency 235 - DEPARTMENT OF LABOR AND LICENSING › Division 08 - Department of Labor › Rule 235.08.23-002 - Administrative Rules Relating to the Arkansas Amusement Ride and Amusement Attractions Safety Insurance Act

Current through Register Vol. 49, No. 6, June, 2024
Rules effective upon approval by the General Assembly plus ten
				(10) days after filing with the Secretary of State
Rule 1.
Definitions
1.1 "Amusement attraction" shall mean any
			 building or structure around, over, and through which persons may be moved by
			 vehicle or mechanically driven device integral to the building or structure,
			 and which provides amusement, pleasure, thrills, or excitement, but this term
			 does not include theatres, museums, or enterprises principally devoted to the
			 exhibition of products of agriculture, industry, education, science, religion,
			 or the arts.
1.2 "Amusement ride"
			 shall mean any mechanical device which carries or conveys passengers along,
			 around, or over a fixed route or course or within a defined area for the
			 purpose of giving the passengers amusement, pleasure, thrills, or excitement
			 and includes the following:
a. Bungee rides or
			 bungee operations which utilize as a component a bungee cord, which is an
			 elastic rope made of rubber, latex, or other elastic-type materials whether
			 natural or synthetic; and
b.
			 Go-kart, which means a ride in which a vehicle controlled or driven by patrons
			 specifically designed for and run on a fixed course; and
c. Inflatable attractions such as "space
			 walks", inflatable slides, or inflatable jousting or boxing rings;
			 and
d. Any wave pool, water slide,
			 or other similar attraction that totally or partially immerses a patron in
			 water; and
e. Artificial climbing
			 walls; and
1.3 "Board"
			 shall mean the Amusement Ride Safety Advisory Board.
1.4 "Department" shall mean the Arkansas
			 Department of Labor.
1.5 "Director"
			 shall mean the Director of the Arkansas Department of Labor.
1.6 "Major modification" shall mean any
			 change in either the structural or operational characteristics of the ride or
			 attraction which will alter its performance from that specified in the
			 manufacturer's design criteria.
1.7
			 "Nondestructive testing" is the development and application of technical
			 methods, including, but not limited to, radiographic, magnetic particle,
			 ultrasonic, liquid penetrant, electromagnetic, neutron radiographic, acoustic
			 emission, visual, and leak testing to examine materials or components in ways
			 that do not impair their future usefulness and serviceability in order to:
a. Detect, locate, measure, and evaluate
			 discontinuities, defects, and other imperfections;
b. Assess integrity, properties, and
			 composition; and
c. Measure
			 geometrical characters.
1.8 "Owner" shall mean any person who owns an
			 amusement ride or attraction, or in the event that the amusement ride or
			 attraction is leased, the lessee.
1.9 "Red-tag" shall mean a notice and order
			 prohibiting the use or operation of an amusement ride or attraction, or any
			 such device that restricts access to a particular part of any amusement ride or
			 attraction.
1.10 "Serious physical
			 injury" shall mean a personal injury that results in death, dismemberment,
			 significant disfigurement, permanent loss of the use of a body organ, member,
			 function, or system, a compound fracture, or other significant injury that
			 requires immediate admission and overnight hospitalization and observation by a
			 licensed physician.