Tennessee § 68-121-120 - Operation of amusement device — Inspections — Permit.

§ 68-121-120. Operation of amusement device — Inspections — Permit.

A person shall not operate an amusement device unless the owner of the amusement device has the device inspected at least once annually by a qualified inspector, who is either provided by the commissioner or whom the owner or insurer has selected from the lists maintained on the department's website pursuant to § 68-121-119, and has obtained written documentation from the qualified inspector that the inspection has been made and the amusement device meets American Society of Testing Materials (ASTM) standards or the Association for Challenge Course Technology (ACCT) industry standards. The owner of the amusement device is solely responsible for the cost of an inspection conducted pursuant to this subsection (a). The inspection required pursuant to subsection (a) must be conducted, at a minimum, to meet the manufacturer's or engineer's specifications and to follow the applicable ASTM standards or ACCT industry standards. The commissioner may conduct a spot inspection of any amusement device without notice at any time while the amusement device is operating or will be operating in this state. The commissioner's designee may order temporary suspension of an operating permit if it has been determined after a spot inspection that an amusement device or devices are hazardous or unsafe. Operation of the amusement device shall not resume until the hazardous or unsafe condition has been corrected and subjected to reinspection by the commissioner for an inspection fee established by rule. An operator of an amusement device must be competent and at least sixteen (16) years of age. An operator shall operate no more than one (1) amusement device at any one (1) time and shall be in attendance at all times the device is in operation. Acts 2008, ch. 723, § 3; 2017, ch. 393, § 6. Amendments. The 2017 amendment rewrote (a) and (b), which read: “(a) A person shall not operate an amusement device unless the owner has:“(1) The amusement device inspected at least once annually by a qualified inspector, whom the owner or an insurer has provided to perform the inspection, and obtains from the qualified inspector written documentation that the inspection has been made and that the amusement device meets American Society of Testing Materials (ASTM) standards and is covered by the insurance required by § 68-121-117(b) ; and“(2) Obtained an annual permit as required by § 68-121-117(a)(1) .“(b) The inspection required pursuant to subdivision (a)(1) shall be conducted at a minimum to meet the manufacturer's or engineer's specifications and to follow the applicable ASTM standards.” ; and added (d). Effective Dates. Acts 2017, ch. 393, § 8. May 18, 2017.