Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.7 - Inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  inspection requirement
. An owner or lessee of an amusement ride or
				  amusement attraction shall have the ride inspected in accordance with section 7
				  of the act (4 P. S. §
											407) and this
				  chapter.
(b)
Occasions when
				  inspection is required
. An amusement ride or amusement attraction
				  shall be inspected as follows:
Location
Type
Interval
Any location
Amusement ride or amusement
								attraction
Prior to operation for the riding public, and on a monthly
								basis thereafter during a season of operation for use by the riding public
								(inspections may be discontinued at the end of a season of operation for the
								riding public, but shall be resumed prior to any operation for the riding
								public that is to occur outside of the normal season of operation)
Amusement park
Amusement ride or amusement
								attraction
Prior to operation for the riding public, and on a monthly
								basis thereafter during a season of operation for use by the riding public
								(inspections may be discontinued at the end of a season of operation for the
								riding public, but shall be resumed prior to any operation for the riding
								public that is to occur outside of the amusement part's normal season of
								operation)
Fair or carnival
Amusement ride or
								amusement attraction
Prior to operation for the riding public at each
								new location
Any location
New amusement ride or
								amusement attraction
Prior to operation for the riding public
Any location
Amusement ride or amusement
								attraction that has undergone major modification
Prior to operation
								for the riding public
(c)
Qualified inspector to conduct inspection
. The amusement ride
				  or amusement attraction owner or lessee shall engage a qualified inspector to
				  perform the inspections required by the act and this chapter. The owner or
				  lessee shall make the amusement ride or amusement attraction available to the
				  qualified inspector. The owner or lessee shall be solely responsible for
				  expenses in connection with the inspection. The qualified inspector shall, at
				  the conclusion of an inspection, issue the owner or lessee the original plus
				  one copy of a complete inspection affidavit form, as described in §
										139.8 (relating to inspection
				  affidavits), and retain a copy for the qualified inspector's records.
(d)
Inspection by the
				  Department
. The Department may inspect any amusement ride or amusement
				  attraction (including the operation of that amusement ride or amusement
				  attraction), or any device or location it reasonably believes to be an
				  amusement ride or amusement attraction, to determine whether the ride or
				  attraction is properly registered, whether the ride or attraction has been
				  inspected by a qualified inspector, whether the qualified inspector has
				  performed a competent inspection of the ride or attraction and whether the ride
				  or attraction otherwise complies with the act and this chapter. The inspection
				  may be unannounced or with advance notice to the owner or lessee. The
				  Department will endeavor to conduct these inspections at reasonable times and
				  with a minimum intrusion, unless otherwise necessary to safeguard the
				  public.
(e)
Responsibility
				  of owner, lessee or operator to allow inspection
. An owner, lessee or
				  operator shall allow the Department to inspect an amusement ride or amusement
				  attraction, and may not hinder or impede the Department in the performance of
				  the inspection.
(f)
Responsibility of owner, lessee or operator to produce
				  records
. At the request of the Department, an owner, lessee or
				  operator shall produce documentation as to both the operation and maintenance
				  of an amusement ride or amusement attraction.
This section cited in 7 Pa. Code §
												139.4 (relating to registration);
						and 7 Pa. Code §
												139a.26 (relating to
						cranes).