N.Y. Labor Law § 870-e: Inspections

§ 870-e. Inspections. Before a permit may be issued as provided in

section eight hundred seventy-d of this article, an inspection of the

amusement device, viewing stand or tent shall be made in compliance with

the procedures set by the commissioner. Such inspection shall have been

conducted within one year prior to the permit application, unless such

period shall have been extended by operation of subdivision four of this

section.

1. In the case of a permanent device, viewing stand or tent, the

amusement device, viewing stand or tent must be inspected by the

commissioner or his authorized representative, or in the city of New

York, by the building department, at the time of application for the

initial permit. In the case of an amusement device deemed by the

commissioner to normally be operated at speeds or with movements

creating severe centrifugal forces, the owner or operator making the

permit application for such device shall have available for inspection

such recommended maintenance and safety schedules or requirements as are

supplied by the manufacturer of the device. An initial operating permit

shall not be granted in the absence of these documents. Thereafter, the

amusement device, viewing stand or tent must be inspected at least

annually by a licensed architect, professional engineer, qualified

inspector of an insurance underwriter, or an inspector approved by the

commissioner as a requirement for the issuance of each subsequent

permit. Such inspection shall at minimum comply with the requirements of

the commissioner, provided that for amusement devices, at the time of

each such annual inspection, the owner or operator of such device shall

have available for inspection such recommended maintenance and safety

schedules or requirements as are supplied by the manufacturer of the

device and shall have available documentation that such maintenance and

testing as are called for by the device manufacturer have been performed

during the term covered by the previous operating permit. No subsequent

operating permit shall be granted in the absence of these documents. An

affidavit of the annual inspection shall be filed with the commissioner.

2. In the case of a temporary device, viewing stand or tent, upon

first entry into the state, the amusement device, viewing stand or tent

must be inspected by the commissioner or his authorized representative

for the permit to be issued. In the case of a temporary amusement device

deemed by the commissioner to normally operate at speeds or with

movements creating severe centrifugal forces the owner or operator

making the permit application for such device shall have available for

inspection such recommended maintenance and safety schedules or

requirements as are supplied by the manufacturer of the device. An

operating permit shall not be granted in the absence of these documents.

Thereafter, the amusement device, viewing stand or tent must be

inspected at least annually by a licensed architect, professional

engineer, qualified inspector of an insurance underwriter, or an

inspector approved by the commissioner as a requirement for the issuance

of each subsequent permit. Such inspection shall at minimum comply with

the requirements of the commissioner, provided that for amusement

devices, at the time of each such annual inspection, the owner or

operator of such device shall have available for inspection such

recommended maintenance and safety schedules or requirements as are

supplied by the manufacturer of the device and shall have available

documentation that such maintenance and testing as are called for by the

device manufacturer have been performed during the term covered by the

previous operating permit. No subsequent operating permit shall be

granted in the absence of these documents. An affidavit of the annual

inspection shall be filed with the commissioner.

2-a. Where such maintenance and safety schedules as are called for in

subdivisions one and two of this section do not exist or are not

available due to circumstances beyond the control of the owner or

operator of an amusement device, the owner or operator shall, within six

months of the discovery of the unavailability of such standards, submit

to the commissioner a proposed schedule of maintenance for that

amusement device consistent with the standards for the testing and

maintenance of such devices established in accordance with the rules and

regulations promulgated pursuant to subdivision six of this section and

shall henceforth be the schedule with which the owner or operator must

comply to qualify for annual operating permits.

2-b. None of the provisions contained in subdivision two-a of this

section shall be interpreted as to prevent the owner or operator of an

amusement device from receiving an annual permit to operate such device

during the proposed maintenance schedule submission process described in

such subdivision provided that such owner or operator meets all the

requirements for an annual operating permit as they exist prior to the

effective date of this subdivision.

2-c. The owner or operator of an amusement device shall conspicuously

post a sign containing safety guidelines to be followed by patrons while

on or in the amusement device and behavior or activities which are

prohibited as threats either to the patrons themselves, other patrons or

the general public. Such signs shall contain warnings that there are

inherent risks in the participation in or on the amusement device, since

it is recognized that participation in or on the device may be hazardous

regardless of all feasible safety measures that can be undertaken by the

device owner or operator; and that there is a duty for the patrons to

become apprised of the warnings and the risks inherent in participation

in or on the amusement device if the warnings are not obeyed. Prior to

participating in or on such amusement device, patrons shall familiarize

themselves with the posted safety warnings so that they may make an

informed decision of whether to participate in or on the device

notwithstanding the risks.

3. In the case of an amusement device, viewing stand or tent which is

substantially rebuilt or substantially modified so as to change the

structure, mechanism, or capacity of the device, viewing stand or tent,

the owner or lessee shall give written notice to the commissioner who

shall cause the device, viewing stand or tent to be inspected prior to

the time in which it is put into operation and who shall cause any

current permit to be updated so as to include any modifications made to

the device, viewing stand or tent.

4. In the event an operator is unable to secure an inspection by his

insurance carrier within one year from the date of the previous

inspection, such previous inspection shall be deemed valid for purposes

of this article for a period of thirty additional days, provided such

operator made an inspection request to his insurance carrier at least

sixty days prior to the inspection anniversary date.

5. No amusement device, viewing stand or tent which fails to pass an

inspection shall be operated for public use until it has passed a

subsequent inspection.

6. The commissioner shall, in consultation with the carnival, fair and

amusement park safety advisory board as established under section eight

hundred seventy-n of this article, as added by a chapter of the laws of

two thousand six, establish rules and regulations providing standards

for the design, manufacture, testing, inspection, quality assurance and

terminology of amusement devices. The rules and regulations established

pursuant to this subdivision shall be consistent with the national

standards for amusement devices, as established by the American Society

of Testing and Materials.