§ 139.5. Insurance.

 (a)  A person may not operate an amusement ride or attraction unless a policy of insurance is in effect insuring the owner or operator against liability for injury to persons arising out of the use of an amusement ride or attraction within the owner’s control. The insurance policy shall be procured from an insurer or surety authorized to do business in this Commonwealth or eligible to do business under section 7 of the act of January 24, 1966 (1965) (P. L. 1509, No. 531), referred to as the Surplus Lines Insurance Law and shall be in the following amounts:

   (1)  For an attraction or amusement ride qualified to meet a Class I designation according to a list maintained by the Department, including bumper cars, bumper boats, coin-operated kiddie rides, go-carts, live animal rides, manually powered rides, miniature trains, moon walks, slides and similar devices—minimum limits of $100,000 per occurrence and $300,000 in the aggregate.

   (2)  For an attraction or amusement ride qualified to meet a Class II designation according to a list maintained by the Department—minimum limits of $250,000 per occurrence and $500,000 in the aggregate.

 (b)  A valid certificate of insurance shall be furnished to the Department prior to the operation of a ride or attraction for use by the public. The owner or operator is responsible for assuring that the insuring company notifies the Department immediately upon cancellation or change of coverage and the certificate shall acknowledge the notification responsibility.

Authority

   The provisions of this §  139.5 issued under the Amusement Ride Inspection Act (4 P. S. § §  401—419); amended under: section 14 of the Amusement Ride Inspection Act (4 P. S. §  414).

Source

   The provisions of this §  139.5 adopted April 11, 1986, effective April 12, 1986, 16 Pa.B. 1268; amended July 31, 1987, effective August 1, 1987, 17 Pa.B. 3202. Immediately preceding text appears at serial page (107825).

Cross References

   This section cited in 7 Pa. Code §  139a.21 (relating to registration of bungee jumping operations).


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