Ohio § 993.04

§ 993.04.

(A)(1) No person shall operate an amusement ride within the state without a permit issued

by the director of agriculture under division (A)(2) of this section.  The owner of an amusement ride, whether the ride is a temporary amusement ride or

a permanent amusement ride, who desires to operate the amusement ride within the state

shall, prior to the operation of the amusement ride and annually thereafter, submit

to the department of agriculture an application for a permit, together with the appropriate

permit and inspection fee, on a form to be furnished by the department.  Prior to issuing any permit the department shall, within thirty days after the date

on which it receives the application, inspect each amusement ride described in the

application.  The owner of an amusement ride shall have the amusement ride ready for inspection

not later than two hours after the time that is requested by the person for the inspection. (2) For each amusement ride found to comply with the rules adopted by the director under

division (B) of this section and division (B) of section 993.08 of the Revised Code , the director shall issue an annual permit, provided that evidence of liability insurance

coverage for the amusement ride as required by section 993.06 of the Revised Code is on file with the department. (3) The director shall issue with each permit a decal indicating that the amusement ride

has been issued the permit.  The owner of the amusement ride shall affix the decal on the ride at a location

where the decal is easily visible to the patrons of the ride.  A copy of the permit shall be kept on file at the same address as the location of

the amusement ride identified on the permit, and shall be made available for inspection,

upon reasonable demand, by any person.  An owner may operate an amusement ride prior to obtaining a permit, provided that

the operation is for the purpose of testing the amusement ride or training amusement

ride operators and other employees of the owner and the amusement ride is not open

to the public. (B)(1) The director, in accordance with Chapter 119. of the Revised Code, shall adopt rules

providing for both of the following: (a) A schedule of fines, with no fine exceeding five thousand dollars, for violations

of this chapter or any rules adopted under this division; (b) The classification of amusement rides and rules for the safe operation and inspection

of all amusement rides as are necessary for amusement ride safety and for the protection

of the general public.  The classification of amusement rides must identify those rides that need more comprehensive

inspection and testing in addition to regular state inspections, taking into account

hidden components integral to the safety of the ride. (2)(a) Rules adopted by the director for the safe operation and inspection of amusement

rides shall be reasonable and shall be based upon generally accepted engineering standards

and practices.  The rules shall establish a minimum number of inspections to be conducted on each

ride depending on the size, complexity, nature of the ride, and the number of days

the ride is in operation during the year for which the applicable permit is valid.  The rules also shall require the minimum number of inspectors assigned to inspect

a ride or rides to be reasonable and adequate given the number, size, complexity,

and nature of the ride or rides. (b) In adopting rules under this section, the director may adopt by reference, in whole

or in part, the national fire code or the national electrical code (NEC) prepared

by the national fire protection association or the American national standards institute

(ANSI), or any other principles, tests, or standards of nationally recognized technical

or scientific authorities. (c) In adopting rules under this section, the director shall adopt, by reference, the

following chapters of the American society for testing and materials (ASTM) international

regarding amusement ride safety standards and any other equivalent national standard: (i) ASTM F1193-18; (ii) ASTM F770-18; (iii) ASTM F2291-18. (d) Insofar as is practicable and consistent with this chapter, rules adopted under this

division shall be consistent with the rules of other states. (3) The department shall cause this chapter and the rules adopted in accordance with

this division and division (B) of section 993.08 of the Revised Code to be published in pamphlet form and a copy to be furnished without charge to each

owner of an amusement ride who holds a current permit or is an applicant therefor. (C) With respect to an application for a permit for an amusement ride, an owner may apply

to the director for a waiver or modification of any rule adopted under division (B)

of this section if there are practical difficulties or unnecessary hardships for the

amusement ride to comply with the rules.  Any application shall set forth the reasons for the request.  The director, with the approval of the advisory council on amusement ride safety,

may waive or modify the application of a rule to any amusement ride if the public

safety is secure.  Any authorization by the director under this division shall be in writing and shall

set forth the conditions under which the waiver or modification is authorized, and

the department shall retain separate records of all proceedings under this division. (D)(1) The director shall employ and provide for training of a chief inspector and additional

inspectors and employees as may be necessary to administer and enforce this chapter.  The director may appoint or contract with other persons to perform inspections of

amusement rides, provided that the persons meet the qualifications for inspectors

established by rules adopted under division (B) of this section and are not owners,

or employees of owners, of any amusement ride subject to inspection under this chapter.  When employing a new chief inspector or an additional inspector after November 6,

2019, the director shall give preference to the following: (a) An individual holding a level one or higher inspector certification from either the

national association of amusement ride safety officials (NAARSO), the amusement industry

manufacturers and suppliers (AIMS) international, or another substantially equivalent

organization as determined by the director;  and (b) An individual who intends, within one year of being hired as an inspector, to complete

the requirements for issuance of a level one or higher inspector certification from

NAARSO, AIMS International, or another substantially equivalent organization as determined

by the director. (2) No person shall inspect an amusement ride who, within six months prior to the date

of inspection, was an employee of the owner of the ride. (3) Before the director contracts with other persons to inspect amusement rides, the

director shall seek the advice of the advisory council on amusement ride safety on

whether to contract with those persons.  The advice shall not be binding upon the director.  After having received the advice of the council, the director may proceed to contract

with inspectors in accordance with the procedures specified in division (E)(2) of section 1711.11 of the Revised Code . (4) With the advice and consent of the advisory council on amusement ride safety, the

director may employ a special consultant to conduct an independent investigation of

an amusement ride accident.  This consultant need not be in the civil service of the state, but shall have qualifications

to conduct the investigation acceptable to the council. (E)(1) Except as otherwise provided in division (E)(1) of this section, the department shall

charge the following amusement ride fees: Permit $ 225 Annual inspection and reinspection per ride: Kiddie rides $ 100 Roller coaster $ 1,200 Aerial lifts or bungee jumping facilities $ 450 Go karts, per kart $ 5 Other rides $ 160 Midseason operational inspection per ride $ 25 Expedited inspection per ride $ 100 Failure to cancel scheduled inspection per ride $ 100 Failure to have amusement ride ready for inspection per ride $ 100 The go kart inspection fee is in addition to the inspection fee for the go kart track. The director shall adopt rules in accordance with Chapter 119. of the Revised Code

establishing an annual fee that is less than one hundred five dollars for an inspection

and reinspection of an inflatable ride.  In adopting the rules, the director shall ensure that the fee reasonably reflects

the costs of inspection and reinspection of an inflatable ride.  If the director issues a permit for an inflatable ride for a time period of less

than one year, the director shall charge a prorated fee for the permit equal to one-twelfth

of the annual permit fee multiplied by the number of full months for which the permit

is issued. The fees for an expedited inspection, failure to cancel a scheduled inspection, and

failure to have an amusement ride ready for inspection do not apply to go karts. As used in division (E)(1) of this section, “ expedited inspection ” means an inspection of an amusement ride by the department not later than ten days

after the owner of the amusement ride files an application for a permit under this

section. (2) All fees and fines collected by the department under this chapter shall be deposited

in the state treasury to the credit of the amusement ride inspection fund, which is

hereby created, and shall be used only for the purpose of administering and enforcing section 1711.11 of the Revised Code and this chapter. (3) The owner of an amusement ride shall be required to pay a reinspection fee only if

the reinspection is required by division (B)(2) of this section or rules adopted under

that division, if the reinspection was conducted at the owner's request under division

(F) of this section, if the reinspection is required by division (F) of this section

because of an accident, or if the reinspection is required by division (F) of section 993.07 of the Revised Code .  If a reinspection is conducted at the request of the chief officer of a fair, festival,

or event where the ride is operating, the reinspection fee shall be charged to the

fair, festival, or event. (4) The rules adopted under division (B) of this section shall define “roller coaster,”

“aerial lifts,” “go karts,” and “other rides” for purposes of determining the fees

under division (E) of this section.  The rules shall define “other rides” to include go kart tracks. (F) A reinspection of an amusement ride shall take place if an accident occurs, if the

owner of the ride or the chief officer of the fair, festival, or event where the ride

is operating requests a reinspection, if the chief inspector determines reinspection

is necessary in accordance with section 993.042 of the Revised Code , or if the reinspection is required by division (F) of section 993.07 of the Revised Code . (G) As a supplement to its annual inspection of a temporary amusement ride, the department

may inspect the ride during each scheduled event, as listed in the schedule of events

provided to the department by the owner pursuant to division (C) of section 993.07 of the Revised Code , at which the ride is operated in this state.  These supplemental inspections are in addition to any other inspection or reinspection

of the ride as may be required under this chapter or rules adopted under it, and the

owner of the temporary amusement ride is not required to pay an inspection or reinspection

fee for this supplemental inspection unless the supplemental inspection is being conducted

pursuant to division (B)(2) of this section or rules adopted under that division.  Nothing in this division shall be construed to prohibit the owner of a temporary

amusement ride having a valid permit to operate in this state from operating the ride

at a scheduled event before the department conducts a supplemental inspection. (H) The department may annually conduct a midseason operational inspection of every amusement

ride upon which it conducts an annual inspection pursuant to division (A) of this

section.  The midseason operational inspection is in addition to any other inspection or reinspection

of the amusement ride as may be required pursuant to this chapter.  The owner of an amusement ride shall submit to the department, at the time determined

by the department, the midseason operational inspection fee specified in division

(E) of this section.  The director, in accordance with Chapter 119. of the Revised Code, shall adopt rules

specifying the time period during which the department will conduct midseason operational

inspections.