Subchapter A. REGISTRATION AND INSPECTION

§ 139.1. Scope.

 (a)  This chapter prescribes policies and procedures relating to administration of safety standards for installation, assembly, repair, maintenance, use, operation, disassembly and inspection of amusement rides and amusement attractions erected permanently or temporarily at carnivals, fairs, amusement parks or any other location in this Commonwealth.

 (b)  This chapter applies to new and existing commercially used amusement rides and attractions subject to the act.

 (c)  This chapter does not apply to:

   (1)  An attraction principally devoted to the exhibition of products of agriculture, industry, education, science, religion or the arts.

   (2)  Single passenger, coin-operated, manually, mechanically or electrically operated rides except where admission is charged for the use of the equipment.

   (3)  Licensed watercraft regulated by the Fish Commission or the United States Coast Guard.

   (4)  Aircraft regulated by the Federal Aviation Administration.

   (5)  Devices, including trains, regulated by the United States Government.

   (6)  Ski lifts, elevators or rides to the extent they are registered and regulated by any other agency of the Commonwealth.

   (7)  Amusement attractions, and amusement rides regulated by another Commonwealth agency and waterslides, to the extent that they are regulated by the Department of Health for pool design, sanitary facilities and similar features.

   The provisions of this §  139.1 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).

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Amusement Ride Inspection Act (4 P. S. § §  401—419).

   Affiliated qualified inspector—A qualified inspector with a Department-issued certificate and credential card authorizing that person to act as a qualified inspector only with respect to the amusement rides or amusement attractions of the owner or lessee designated on that certificate and credential card. An affiliated qualified inspector is not a general qualified inspector.

   Amusement attraction—

     (i)   A building or structure around, over or through which people may move or walk, without the aid of a moving device integral to the building or structure, that provides amusement, pleasure, thrills or excitement.

     (ii)   The term does not include an enterprise principally devoted to the exhibition of products of agriculture, industry, education, science, religion or the arts.

   Amusement park—A tract or area used principally as a location for permanent amusement structures or rides.

   Amusement ride—A device that carries, suspends or conveys passengers along, around or over a fixed or restricted route or course or within a defined area, for the purpose of giving its passengers amusement, pleasure, thrills or excitement.

   ASTM—American Society for Testing Materials—This organization is currently named and known as ASTM International.

   ASTM International—The organization formerly known as ASTM or the American Society for Testing Materials.

   ASTM International F-24 Committee Standards—The ASTM standards promulgated by the ASTM International F-24 Committee, as published in the current annual book of ASTM International Standards Volume 15.07, or its successor document.

   ASTM standards—Standards promulgated by the ASTM entitled Standard Guide for the Classification of Amusement Ride and Device Related Injuries and Illnesses, designation ASTM F 1305, or its successor, which provide procedures for the uniform classification of data related to amusement ride and device injuries and illnesses.

   Attendant—A person having responsibility for some aspect of the operation of an amusement ride or attraction, but who is not an operator.

   Board—The Amusement Ride Safety Advisory Board.

   Carnival—An itinerant enterprise consisting principally of temporary amusement structures or mechanical rides.

   Class I amusement ride or amusement attraction—A type of amusement ride or amusement attraction with respect to which the following apply:

     (i)   The ride or attraction is on the Department’s most current list of approved rides.

     (ii)   The ride or attraction is a comparatively simple ride such as bumper cars, bumper boats, a multipassenger coin-operated kiddie ride, go-carts, a live animal ride, a manually powered ride, a miniature train, an inflatable bounce ride, slide or similar device.

     (iii)   The Department has, on its most current list of approved rides, designated the ride or attraction as belonging within ‘‘Class I’’ for purposes of establishing the appropriate required minimum liability insurance coverage required with respect to that ride or attraction, in accordance with section 14(a)(1) of the act (4 P. S. §  414(a)(1)).

   Class II amusement ride or amusement attraction—A type of amusement ride or amusement attraction with respect to which the following apply:

     (i)   The ride or attraction is on the Department’s most current list of approved rides.

     (ii)   The Department has, on its most current list of approved rides, designated the ride or attraction as belonging within ‘‘Class II’’ for purposes of establishing the appropriate required minimum liability insurance coverage required with respect to that ride or attraction, in accordance with section 14(a)(2) of the act.

   Commercially used—In the context of amusement rides and amusement attractions, the term includes any ride or attraction offered for use by persons in consideration of payment of a ticket fee, an entry fee, a rental fee or any other fee or charge as a condition of use of the ride or attraction.

   Department—

     (i)   The Department of Agriculture of the Commonwealth.

     (ii)   The term includes employees of the Department.

   Fair—An enterprise principally devoted to the periodic and recurring exhibition of products of agriculture, industry, education, science, religion or the arts that has one or more amusement rides or attractions operated in conjunction therewith in either temporary or permanent structures.

   General qualified inspector—A qualified inspector with a Department-issued certificate and credential card authorizing that person to act as a qualified inspector, without limiting the exercise of that inspection authority to the amusement rides or amusement attractions of a particular owner or lessee. A general qualified inspector is not an affiliated qualified inspector.

   Inspection—Inspection by a qualified inspector of an amusement ride, device or attraction for compliance with the act and this chapter.

   Kiddy ride or kiddie ride—An amusement ride or attraction designed primarily for use by children up to 12 years of age.

   Lessee—A person who leases an amusement ride or attraction from its owner, or from an authorized representative of an owner.

   Major modification—A change in either the structural or operational characteristics of an amusement ride or amusement attraction which can alter its performance from that specified in the manufacturer’s design criteria.

   Major ride—An amusement ride or attraction that is not a kiddy ride.

   National Electrical Code—The National Electrical Code NFPA No. 70-E, as revised, amended or corrected.

   New amusement ride or amusement attraction—An amusement ride or attraction of a design not previously operated in this Commonwealth and for which no regulations have been adopted.

   Operation—

     (i)   When used in the context of an amusement ride or attraction, the term includes the loading of persons onto the ride or attraction, the physical movement of the ride or—in the case of nonmechanical rides (such as slides) or attractions—the movement of persons on or through the ride or attraction, and the unloading of persons from the ride or attraction.

     (ii)   The term does not include the portion of a patron line that extends outside of any fence, wall, guardrail or gate that limits access to the amusement ride or amusement attraction and that is required in order for the ride or attraction to meet the ASTM International F-24 Committee Standards.

     (iii)   The term does not include that portion of a patron line that extends outside or beyond any device or object that limits or identifies control access for the ride or attraction if a fence, wall, guardrail or gate is not required in order for the ride or attraction to meet ASTM International F-24 Committee Standards.

   Operator—A person actually engaged in or directly controlling the operation of an amusement ride or attraction.

   Owner—

     (i)   A person who owns an amusement ride or attraction.

     (ii)   The term excludes the Commonwealth or its political subdivisions.

   Pennsylvania Construction Code Act—35 P. S. § §  7210.101—7210.1103.

   Permanent structure—A structure, enclosure or arrangement of parts, used or intended to be used for or as an amusement ride or attraction, that is erected to remain a lasting part of the premises.

   Person—Includes a corporation, partnership, limited liability company, business trust, other association, government entity (other than the Commonwealth), estate, trust, foundation or natural person.

   Professional engineer—

     (i)   An individual licensed and registered under the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. § §  148—158.2) or a successor statute to engage in the practice of engineering.

     (ii)   The term does not include a person who is exempt from licensure and registration under section 5(b) of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §  152(b)).

   Qualified inspector—

     (i)   A person certified by the Department who by education, training or experience is knowledgeable with amusement ride operating manuals and the psychological effects each ride has upon a passenger. The person shall also be experienced in the erection and dismantling of amusement rides and shall be familiar with the specific equipment with that particular operator.

     (ii)   The term includes affiliated qualified inspectors and general qualified inspectors.

   Secretary—The Secretary of the Department.

   Serious injury or illness—

     (i)   An injury or illness that requires one or more of the following:

       (A)   Offsite emergency first aid.

       (B)   Offsite medical treatment, whether it is administered or recommended or may be required at a future date.

       (C)   Observation by a licensed physician.

       (D)   Admission to a hospital.

     (ii)   The term also includes an injury or illness that results in death, dismemberment, significant disfigurement or permanent loss of the use of a body organ, member, function or system.

   Temporary structure—A structure, enclosure or arrangement of parts used, or intended to be used for or as an amusement ride or attraction, that is relocated from time to time with or without disassembly.

   Working day—A day other than a Saturday, Sunday, National holiday or holiday of the Commonwealth.

   The provisions of this §  139.2 amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial pages (276962) to (276964).

 (a)  General requirement. Owners, lessees and operators of amusement rides or attractions in this Commonwealth shall comply with this chapter.

 (b)  Use of nonconforming rides or attractions prohibited. An amusement ride or amusement attraction which is not in compliance with this chapter may not be used or occupied except as provided in subsection (c).

 (c)  Nonconforming individual units. Where only individual units of a ride, such as cars, seats or other carriers are defective and not in compliance with this chapter, the units shall either be removed from the operating area of the ride or shall be taken out of service and clearly marked with a sign reading ‘‘Out of Service’’ if the defects or removal do not jeopardize the safety of the entire ride or attraction.

 (a)  Registration required. An owner intending to operate or use an amusement ride or an amusement attraction in this Commonwealth during a calendar year shall register the amusement ride or amusement attraction with the Department prior to operation.

 (b)  Duration of registration. Registration of an amusement ride or an amusement attraction shall expire as of the earlier of the following:

   (1)  January 1 of the year immediately following the year with respect to which the registration is issued.

   (2)  The date upon which the registered amusement ride or amusement attraction undergoes a major modification.

 (c)  Obtaining a registration application. A person may obtain an amusement ride or amusement attraction registration application form by contacting the Department as described in §  139.14 (relating to contacting the Department). The Department will provide the form upon request, and make the form available for download through the Department’s web site: www.agriculture. state.pa.us.

 (d)  Contents of registration application form. A registration application form will require the following information:

   (1)  The name, address, e-mail address and telephone number of the owner.

   (2)  The name, address, e-mail address and telephone number of the lessee, if different than the owner.

   (3)  If the amusement ride or amusement attraction has previously been registered, the registration number appearing on the registration plate issued by the Department and attached to that ride or attraction.

   (4)  A description of the type of enterprise involved, whether a carnival, fair, park, rental company, go-cart track, water park, nonseasonal operation, or other.

   (5)  A list of each amusement ride or amusement attraction with respect to which registration is sought, by name, manufacturer’s name and serial number.

   (6)  The name, address, e-mail address and telephone number of the insurance carriers providing the owner, lessee or operator the liability coverage required under section 14 of the act (4 P. S. §  414) and §  139.5 (relating to insurance).

   (7)  With respect to each identified amusement ride or attraction, verification of one of the following:

     (i)   The amusement ride or amusement attraction is of a type appearing on the Department’s most current list of approved rides.

     (ii)   Written verification under seal of a professional engineer, acknowledging familiarity with the ride or attraction at issue, acknowledging familiarity with the requirements of the act and this chapter and confirming all of the following:

       (A)   The ride or attraction is designed to carry all loads safely, and to withstand normal stresses to which it may be subjected.

       (B)   The structural materials and construction of the ride or attraction conform to normal engineering practices, procedures, standards and specifications.

       (C)   Data pertinent to the design, structures, and factors of safety and performance are in accordance with accepted engineering practices.

       (D)   The manufacturer or fabricator of the ride or attraction otherwise meets the applicable design and construction requirements of the act, the ASTM International F-24 Committee Standards and this chapter.

   (8)  An acknowledgment by the applicant that, if the registration is approved, it is the responsibility of the applicant to apprise the Department, in writing, of changes to the information provided on the registration application during the registration period.

   (9)  An acknowledgment by the applicant that, if registration is approved, the registration automatically ceases as of the date of any major modification, and the ride shall be reregistered with the Department.

   (10)  The signature of the applicant for registration, verifying that representations in the application are accurate and complete, and making that verification subject to the penalties of 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).

 (e)  Department action on registration application. The Department will, within 30 days of receiving a correct and complete registration application form, mail the applicant one of the following:

   (1)  Written confirmation of registration and, if necessary, a registration plate to be affixed to the amusement ride or attraction.

   (2)  Written denial of registration, with an explanation of the reasons for denial.

   (3)  A detailed request for additional information or clarification the Department deems necessary to ensure the amusement ride or amusement attraction meets the requirements in subsection (d)(7)(ii)(A)—(D). This request may also include a requirement the ride or attraction be made available to the Department or persons authorized by the Department, at a time or location mutually agreeable to the applicant and the Department, for inspection and testing. Once the requested information is delivered to the Department or the requested testing and inspection is conducted, the Department will have an additional 30-day period within which to review the registration application.

 (f)  Responsibility of registrant. A person who registers an amusement ride or amusement attraction in accordance with this section shall, during the registration period, be responsible to apprise the Department, in writing, of changes to the information provided on the registration application. In addition, the registrant shall affix the registration plate provided by the Department to the amusement ride or amusement attraction in a location where the plate is plainly visible to the riding public, and shall promptly request a replacement plate when necessary.

 (g)  Refusal or revocation of registration. If the Department issues a written denial of registration as described in subsection (e)(2), it will afford the applicant an opportunity for an administrative hearing on the denial. If the Department has reason to believe an amusement ride or amusement attraction that is registered does not meet the requirements for registration, it will issue a written revocation of registration, and will afford the applicant an opportunity for an administrative hearing on the denial.

 (h)  Registration plate. The Department will issue a registration plate, bearing a unique registration number, with respect to each amusement ride or amusement attraction registered in accordance with this section. The registration plate remains the property of the Department after it is issued. The registrant shall be responsible to ensure that the registration plate remains affixed to the registered amusement ride or amusement attraction in a location where the plate is plainly visible to the riding public. The registration plate is intended as a permanent means of identifying the amusement ride or attraction, and shall remain affixed to the ride or attraction from one registration period to the next. If the registration plate cannot be affixed to the registered amusement ride or amusement attraction in a location where the plate is plainly visible to the riding public, it may be affixed to a sign, placard or surface at the point of ingress to the ride or attraction, so as to be plainly visible to the riding public, and shall physically accompany the ride or attraction at all times. Although the Department will not charge a fee for the issuance of a registration plate, it will charge a registrant $30 to replace a lost or obliterated registration plate. This charge reflects the reasonable cost to the Department of replacing a registration plate.

 (i)  Inspection of amusement rides or amusement attractions. The Department may inspect any amusement ride or attraction, or any device or location it reasonably believes to be an amusement ride or attraction, to determine whether the ride or attraction is properly registered. The inspection will be conducted in accordance with §  139.7(d) (relating to inspection).

   The provisions of this §  139.4 amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial page (276964).

 (a)  General requirement. A person may not operate an amusement ride or amusement attraction unless a policy of insurance is in effect insuring the owner, lessee or operator against liability for injury to persons arising out of the use of an amusement ride or attraction. The insurance policy shall be procured from an insurer or surety authorized to do business in this Commonwealth or eligible to do business under the surplus lines insurance provisions established under Article XVI of The Insurance Company Law of 1921 (40 P. S. § §  991.1601—991.1625).

   (1)  If the ride or attraction is a Class I amusement ride or attraction, the minimum limits of the policy must be $100,000 per occurrence and $300,000 in the aggregate.

   (2)  If the ride or attraction is a Class II amusement ride or amusement attraction, the minimum limits of the policy must be $250,000 per occurrence and $500,000 in the aggregate.

 (b)  Certificate of insurance. An owner or operator shall deliver a valid certificate of insurance to the Department prior to the operation of an amusement ride or amusement attraction for use by the public. The certificate of insurance shall be delivered to the Department in accordance with §  139.14 (relating to contacting the Department). The owner or operator is responsible for assuring that the insuring company notifies the Department immediately upon cancellation or change of coverage.

 (c)  Content of certificate of insurance. A certificate of insurance must set forth the following:

   (1)  The identity of the insured.

   (2)  The identity, address and telephone number of the insurance company issuing the policy.

   (3)  Identification of the amusement rides and amusement attractions covered by the policy. This may consist of a roster identifying each ride that is insured under the policy, or an acknowledgment that all of the amusement rides and amusement attractions of a designated owner or operator are covered by the policy.

   (4)  The policy limits per occurrence.

   (5)  The policy limits in the aggregate.

   (6)  The effective dates of coverage.

   (7)  An acknowledgment that the Department, as certificateholder, is to be notified by the insurance carrier in the event of cancellation of coverage.

   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).

   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; amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial pages (276964) to (276965).

 The owner or operator of an amusement park, carnival, fair, or other itinerant amusement ride or amusement attraction registered with the Department shall deliver an itinerary to the Department at least 15 days prior to the operation of a ride or attraction for use by the public in this Commonwealth. This delivery may be accomplished by mail, e-mail, personal delivery or fax transmission to the fax number provided in §  139.14 (relating to contacting the Department). The itinerary must include the following:

   (1)  The name of the amusement ride or amusement attraction owner.

   (2)  The park owner.

   (3)  The carnival, fair, activity sponsor and, if available, the name and telephone number of a contact person for the event.

   (4)  The address and telephone number of the activity site, the fax number of the site (if available) and an e-mail address for the site (if available).

   (5)  The dates open to the public.

   (6)  The name of a contact person on site if available.

 (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:

 (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.

   The provisions of this §  139.7 amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial page (276966).

 (a)  Inspection affidavit required. An owner or lessee shall, with respect to each amusement ride or amusement attraction that is to be operated for use by the public, file a written affidavit with the Department, affirmed by a qualified inspector, that the amusement ride or amusement attraction has been inspected in accordance with the requirements of the act and this chapter, and meets those requirements. A single inspection affidavit may pertain to multiple amusement rides or amusement attractions.

 (b)  Filing the inspection affidavit. An owner or lessee shall file an inspection affidavit with the Department within 48 hours of the inspection. Filing shall be accomplished in accordance with §  139.14 (relating to contacting the Department).

 (c)  Copy of inspection affidavit to be retained for inspection onsite. An owner or lessee shall be responsible to ensure that a copy of the inspection affidavit described in subsection (b) is retained at the site where the amusement ride or amusement attraction is being operated for public use. The inspection affidavit shall be made available for inspection upon request of the Department. The Department may retain the onsite copy of the inspection affidavit, provide the owner, lessee, operator or attendant a receipt for the same, and allow the amusement ride or amusement attraction to continue being operated for public use.

 (d)  Notice of compliance to be posted. An owner or lessee of an amusement ride or amusement attraction shall post a notice advising the public of compliance with the act. This notice is in addition to any registration plate issued in accordance with §  139.4 (relating to registration). The notice shall be posted at a place readily observed by the public and consist of a sign made of durable material suitable for the location where it is posted. The notice must be on a bright green background, with white lettering. The size of the letters must be at least 1/2 inch in height and 1/8 inch width stroke reading:

 THIS RIDE HAS (OR ALTERNATE—THE RIDES IN THIS PARK, CARNIVAL, FAIR, ETC. HAVE) BEEN INSPECTED AS REQUIRED BY THE PENNSYLVANIA AMUSEMENT RIDE INSPECTION ACT.

   The provisions of this §  139.8 amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial page (276966).

 (a)  General. The Department will certify persons who meet the requirements of this section to act as qualified inspectors. Any inspection of an amusement ride or amusement attraction required under the act shall be conducted by a qualified inspector who is certified by the Department with respect to the category of amusement ride or amusement attraction that is being inspected. Persons who have been certified by the Department as qualified inspectors prior to December 13, 2008, may continue to inspect amusement rides and attractions under authority of that certification, but shall meet the requirements of this section when the qualified inspector next renews the certification in accordance with subsection (k).

 (b)  Certification categories. The Department will categorize amusement rides and attractions, and will be guided by ASTM categorizations of amusement rides and attractions in this categorization process. The Department will establish specific written tests or hands-on tests, or both, with respect to each category. These categories may address water rides, climbing walls, kiddie rides, train rides, hydraulics, inflatable rides or any other category described in ASTM standards and designated by the Department. The Department will publish the current list of certification categories on its web site (www.agriculture.state.us). The Department may categorize an amusement ride or amusement attraction in a manner other than as categorized by ASTM if there is no applicable ASTM categorization or the Department, in its discretion, believes another categorization is more appropriate.

 (c)  Application. A person may apply to the Department to become a qualified inspector. A qualified inspector application form may be obtained by contacting the Department through any means described in §  139.14 (relating to contacting the Department). The qualified inspector application form will require the following information:

   (1)  The name, address and telephone number of the applicant.

   (2)  The e-mail address of the applicant (if it exists).

   (3)  The name, address and telephone number of the particular owner or lessee with respect to which the applicant seeks to become an affiliated qualified inspector, if the applicant seeks to be an affiliated qualified inspector.

   (4)  A detailed description of the education, training or experience of the applicant with respect to the safe erection, operation and dismantling of the amusement rides and attractions.

   (5)  The specific categories of amusement rides or amusement attractions with respect to which certification is sought.

   (6)  Verification that the applicant is at least 18 years of age as of the date of the qualified inspector application form.

   (7)  The signature of the applicant, verifying that representations made in the application are true and correct, and made subject to the penalties of 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).

 (d)  Application fee. The application fee with respect to a qualified inspector application form is $50. This fee is not refundable, and shall be paid by check or money order made payable to the ‘‘Commonwealth of PA’’ in that amount.

 (e)  Filing the application. An applicant shall submit a complete qualified inspector application form to the Department by mailing or delivering the form, together with the fee described in subsection (d), to the address in §  137.14.

 (f)  Department review and action. The Department will promptly review an application to determine whether the application form is complete and will, within 30 days of receiving the application, provide the applicant the following by mail or electronic means:

   (1)  An acknowledgment of receipt of the complete application.

   (2)  A schedule showing dates, times and locations of upcoming Qualified Inspector Tests, and instructions for scheduling the applicant to sit for the test.

   (3)  Written instructions as to how the applicant may download a Qualified Inspector Test study packet from the Department’s internet web site, receive a test study packet by e-mail or request the Department mail the applicant a test study packet.

 (g)  Qualified Inspector Test. The Qualified Inspector Test shall be a written test or a hands-on test, or both, measuring the experience and ability of the applicant with respect to the safe erection, operation and dismantling of amusement rides or attractions that are in the category of amusement ride or amusement attraction with respect to which certification is sought. The test may address multiple categories of amusement rides and attractions. The Department will score a Qualified Inspector Test. The passing score for the test shall be 70% or higher. The Department will report the results to the applicant by mail or electronic means within 30 days of the date of the qualified inspector test.

 (h)  Qualified inspector’s certificate and credential card.

   (1)  If an applicant passes the Qualified Inspector Test, the Department will issue a certificate and a credential card identifying the applicant as a qualified inspector of amusement rides and attractions, specifying whether the person is an affiliated qualified inspector or a general qualified inspector, and setting forth the following:

     (i)   The name of the qualified inspector and, on the credential card only, a photograph of the qualified inspector.

     (ii)   The date of certification and the expiration date.

     (iii)   The particular owner or lessee with respect to which the applicant is authorized to act as an affiliated qualified inspector, if the application does not specify an affiliation, if issued to an affiliated qualified inspector.

     (iv)   The categories of amusement rides or attractions with respect to which the applicant is certified as a qualified inspector.

   (2)  The certificate and credential card will remain the property of the Department and shall, upon the written request of the Department, be surrendered to the Department. The applicant shall be responsible to coordinate with the Department to obtain the photograph required for the issuance of the credential card.

     (i)   Powers of affiliated qualified inspectors and general qualified inspectors.

   (1)  An affiliated qualified inspector may do the following:

     (i)   Conduct an inspection of an amusement ride or amusement attraction that is both of the following:

       (A)   Owned or leased by a person designated on the affiliated qualified inspector’s certificate and credential card.

       (B)   Within a category with respect to which the qualified inspector is certified.

     (ii)   Issue inspection affidavits as described in §  139.8 (relating to inspection affidavits).

     (iii)   Charge a fee for conducting an inspection, but not a fee that varies with whether an amusement ride or amusement attraction passes or fails the inspection.

   (2)  A general qualified inspector may do the following:

     (i)   Conduct an inspection of an amusement ride or amusement attraction that is within a category with respect to which the qualified inspector is certified.

     (ii)   Issue inspection affidavits as described in §  139.8.

     (iii)   Charge a fee for conducting an inspection, but not a fee that varies with whether an amusement ride or amusement attraction passes or fails the inspection.

 (j)  Duration of certification. A qualified inspector’s certification will expire 3 years from the date of certification, unless revoked or suspended earlier by the Department.

 (k)  Renewal of current certificate and credential card.

   (1)  A qualified inspector may renew certification by delivering to the Department, at the address in §  139.14 and prior to the expiration of the current certificate and credential card, a complete renewal form. A person may obtain this form by contacting the Department through any means described in §  139.14. The renewal form will require the information described in subsection (c)(1)—(7), and the following:

     (i)   A copy of a course completion certificate verifying that the applicant has met the continuing education requirement in subsection (l).

     (ii)   A nonrefundable $50 application fee, by check or money order made payable to the ‘‘Commonwealth of Pennsylvania’’ in that amount.

   (2)  The Department will, within 30 days of receipt of a complete renewal form, mail or deliver to the applicant approval or denial of the requested renewal, or a request for additional information. If the Department denies the renewal it will provide written notice of the basis for denial. A renewed certificate will be valid for the period described in subsection (j).

 (l)  Continuing education requirement. As a prerequisite to renewal of certification under subsection (k), an affiliated qualified inspector shall attend at least 24 hours of relevant Department-approved continuing education training in the area of safe amusement ride and attraction erection and operation during the period of certification. A general qualified inspector shall attend at least 48 hours of this training during the period of certification. If a qualified inspector fails to comply with this continuing education requirement, certification will expire as of the expiration date on the qualified inspector’s current certificate and credential card. If the Department determines that amusement rides or amusement attractions belonging to a particular category established under subsection (b) are of a comparatively simple design or operation to reasonably justify a requirement of fewer hours of continuing education for qualified inspectors of that particular category of amusement ride or amusement attraction than are otherwise required under this subsection, it may establish this continuing education requirement by publishing notice of this requirement in the Pennsylvania Bulletin, posting notice of this requirement on its web site and providing all qualified inspectors for the subject category of amusement ride or amusement attraction with written notice of this requirement. This reduced continuing education requirement may not entail less than 16 hours of continuing education training.

 (m)  Revocation or suspension of certification. The Department may revoke the certification of a qualified inspector for cause, after providing the qualified inspector written notice and opportunity for a hearing. A revocation will be for a specific period of time determined by the Department. The circumstances justifying revocation include the following:

   (1)  Allowing another person to conduct an amusement ride or amusement attraction inspection under authority of the certificate or credential card.

   (2)  Issuing an inspection affidavit without first conducting a thorough inspection of the amusement ride or amusement attraction that is the subject of the inspection affidavit.

   (3)  Issuing an inspection affidavit with respect to an amusement ride or amusement attraction that does not meet the requirements of the act and this chapter.

   (4)  Representing a qualified inspector to be an employee or agent of the Department.

   (5)  Inspecting an amusement ride or amusement attraction that is not in the category of amusement ride or amusement attraction with respect to which the qualified inspector is certified.

   (6)  Basing an inspection fee amount upon whether an inspection affidavit is issued with respect to the amusement ride or amusement attraction inspected.

   (7)  Altering or defacing a certificate or credential card for the purpose of obscuring or misrepresenting the information on either document.

   (8)  Other violations of the act or this chapter.

 (a)  The Board is established under authority of the act, to exercise the powers and perform the duties ascribed to it in the act. The Board is appointed by the Governor, and consists of ten members, as follows:

   (1)  A representative of the amusement ride manufacturers.

   (2)  Two representatives of the Pennsylvania State Showmen’s Association.

   (3)  Two representatives of the Pennsylvania Amusement Park Association.

   (4)  A representative of the Pennsylvania State Association of County Fairs.

   (5)  A mechanical engineer.

   (6)  Two public representatives.

   (7)  The Secretary or a designee, who will be designated by the Governor as the Chairperson.

 (b)  The Board will hold public hearings at a time and place that the Board specifies to carry out its responsibilities.

 (a)  Report required. An owner or lessee shall file an accident report with the Department with respect to any accident which results in death or serious injury or illness as a result of the operation of an amusement ride or amusement attraction. The accident report form shall be faxed or delivered to the Department, at the address or fax number in §  139.14 (relating to contacting the Department), within 48 hours after the owner, lessee or operator is aware of the death, serious injury or illness. The reporting requirement described in this subsection applies from the time the owner or lessee acquires knowledge that such a death has occurred, or that the injury or illness is a serious injury or illness, as that term is defined in §  139.2 (relating to definitions) and section 2 of the act (4 P. S. §  402).

 (b)  Accident report form. An accident report required under the act and this section shall be made on a form provided by the Department. The accident report form may be downloaded from the Department’s web site, or a supply of accident report forms may be obtained from the Department by request directed to the Department in accordance with §  139.14. The following information shall be included in an accident report:

   (1)  The name and address of the operator of the amusement ride or amusement attraction at which the death or serious injury or illness occurred.

   (2)  The name and address of the owner or lessee of the amusement ride or amusement attraction at which the death or serious injury or illness occurred.

   (3)  A description of the ride involved, including registration number, name of ride, manufacturer and manufacturer’s serial number.

   (4)  A detailed description of the incident giving rise to the death or serious injury or illness.

   (5)  The name and address of the dead, ill or injured person.

   (6)  A general summary of the apparent illness or injuries sustained by each dead, ill or injured person.

   (7)  The names and addresses of all known witnesses to the incident giving rise to the death, illness or injury.

   (8)  The signature of the owner or lessee, verifying the accuracy of the injury report form subject to the penalties of 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).

 (c)  Duty of owner, lessee or operator to close ride or attraction pending inspection.

   (1)  When a death, a serious injury or illness or a fire occurs as a result of an operation of an amusement ride or amusement attraction, the owner, operator or lessee shall immediately close the ride or attraction until it has been inspected and declared safe by a qualified inspector.

   (2)  If the serious injury described in paragraph (1) results in death, dismemberment, significant disfigurement or permanent loss of the use of a body organ, the required inspection shall be performed by a qualified inspector who is an employee of the Department, and the ride or attraction may not be reopened until it has been inspected and approved to reopen, in writing, by the Department.

   (3)  If the serious injury described in paragraph (1) results in death, the ride or attraction may not be reopened until the written approval described in paragraph (2) is obtained and the ride or attraction is declared safe by the insurance company of the owner. This declaration shall be by writing delivered to the Department.

   The provisions of this §  139.11 amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial page (276968).

 (a)  Application. An affected owner or lessee of amusement rides or attractions may apply in writing to the Department for an order for a variance from any rule, regulation or standard.

 (b)  Exceptions. The Secretary may grant exceptions from the rules, regulations and standards adopted by the Department under the act if one of the following applies:

   (1)  It is evident that the action is necessary to prevent undue hardship.

   (2)  Existing conditions prevent practical compliance and reasonable safety of the public can, in the opinion of the Secretary, be assured.

 (a)  Civil penalties.

   (1)  A person who willfully or repeatedly violates the act or this chapter is subject to a civil penalty not to exceed $2,000 with respect to each violation.

   (2)  If the Department elects to pursue a civil penalty, it will provide the person who is the proposed subject of that civil penalty with written notice of the proposed adjudication assessing the civil penalty, and afford that person 7 working days from receipt of that notice within which to deliver to the Department a written request for an administrative hearing on the proposed civil penalty.

   (3)  A written request for an administrative hearing must specify those portions of the proposed adjudication with respect to which the person requesting the hearing takes issue, the basis for the objection and other relevant facts or arguments not addressed in the proposed adjudication. The administrative hearing will be limited to these objections, additional facts or arguments. Any portion of the proposed adjudication that is not specifically objected to will be deemed admitted at the administrative hearing.

   (4)  The Department will, in accordance with section 11(a) of the act (4 P. S. §  411(a)), grant an administrative hearing within 7 days of receiving a written request for an administrative hearing. The Department will grant this hearing by mailing or delivering a notice to the person making the request, setting forth the date, time and location of the administrative hearing. An administrative hearing is ‘‘granted’’ for purposes of section 11(a) of the act if the referenced notice is mailed or delivered within the 7-day period, regardless of whether the actual scheduled date of the administrative hearing is before or after the expiration of the referenced 7-day period.

   (5)  If a timely request for an administrative hearing is not received, the Department will issue the proposed adjudication as its final adjudication, and deliver that final adjudication to the subject of that document.

 (b)  Criminal penalties. An owner or lessee of an amusement ride or amusement attraction who willfully violates the act or this chapter where the violation causes death to a member of the public exposed to the violation, commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine not exceeding $2,500 or to a term of imprisonment not exceeding 1 year, or both. If the conviction is for a violation committed after a first conviction, the offender shall be sentenced to pay a fine not exceeding $5,000 or to a term of imprisonment not exceeding 1 year, or both.

 (c)  False representation. A person who knowingly makes a false statement, representation or certification in an application, record, report, plan or other document filed or required to be maintained under the act commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine not exceeding $2,500 or to a term of imprisonment not exceeding 6 months, or both.

 (a)  Methods of contact. For purposes of the act and this chapter, the Department may be contacted as follows:

   (1)  By mail to the following address:

 Pennsylvania Department of Agriculture
ATTN: Bureau of Ride and Measurement Standards
2301 North Cameron Street
Harrisburg, PA 17110-9408

   (2)  By telephone to (717) 787-2291.

   (3)  By fax to (717) 783-4158.

   (4)  By e-mail to: ra-amusementrides@state.pa.us.

 (b)  Obtaining forms. Forms and documents referenced in this chapter may be obtained by mailing, faxing or telephoning a request to the Department, or may be available from the Department’s web site, at: www.agriculture.state.pa.us

 (c)  Filing documents with the Department. A document required to be filed with the Department under this chapter will be considered ‘‘filed’’ as of the date of postmark, fax transmission, e-mail delivery or actual delivery, whichever occurs first.

 (d)  Delivering documents to the Department. A document required to be delivered to the Department under this chapter will be considered ‘‘delivered’’ as of the date it is received at the Department, whether by mail delivery, e-mail, personal delivery, facsimile transmission or other electronic means.

   The provisions of this §  139.14 adopted December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843.

   This section cited in 7 Pa. Code §  139.4 (relating to registration); 7 Pa. Code §  139.5 (relating to insurance); 7 Pa. Code §  139.6 (relating to itinerary); 7 Pa. Code §  139.8 (relating to inspection affidavits); and 7 Pa. Code §  139.11 (relating to accident reporting).