302 KAR 16:020. Operation of amusement rides or amusement attractions.
RELATES TO: KRS 247.232, 247.234, 247.236, 247.990
STATUTORY AUTHORITY: KRS 247.234, 247.236
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.234(2)(b) and (d) require the department to promulgate administrative regulations establishing inspection fees and safety requirements for amusement rides or attractions. KRS 247.236(3) requires the department to promulgate an administrative regulation establishing the requirements for the construction of safety barriers around an amusement ride or attraction. This administrative regulation establishes safety guidelines for the operation and inspection of amusement rides or attractions and establishes the inspection fees.
Section 1. Definitions. (1) "Air inflatable" means an amusement ride or amusement attraction that is filled with air by an electric motor-driven blower.
(2) "Chair lift or aerial tramway" means an amusement ride or amusement attraction that is operated by a series of cables and pulleys.
(3) "Climbing wall" means a self-belayed climbing attraction.
(4) "Dark ride" means an amusement ride or amusement attraction which is enclosed and has the lights turned off during the duration of the ride.
(5) "Go-cart facility" means an amusement ride or amusement attraction that carries a rider on a fixed path and includes the vehicle which travels the fixed path.
(6) "Inspection fee" means a fee required to be paid to operate any amusement ride or amusement attraction in Kentucky, and established in this administrative regulation.
(7) "Kiddie ride" means an amusement ride or amusement attraction that has a height requirement of forty-two (42) inches or less to ride.
(8) "Major ride" means any ride that:
(a) Has height requirement of forty-three (43) inches or greater to ride; and
(b) Does not have a specific fee established for it in Section 2 of this administrative regulation.
(9) "Operating permit" means a business identification number identifying the owners of an amusement ride or amusement attraction.
(10) "Play port" means an amusement ride or amusement attraction designed for use by children on which a child can swing, walk, climb, or slide, and which follows a fixed path.
(11) "Pony ride" means an amusement ride attached to a nonmotor-powered mechanical wheel and powered by an animal of the equine species.
(12) "Steel roller coaster" means roller coaster of which the track portion is constructed of steel or other metal substance.
(13) "Walk through" means a fun house, glass house, or laser tag.
(14) "Water ride" means an amusement ride or amusement attraction which uses water as a means of propulsion and includes bumper boats and water park slides which are in excess of ninety-six (96) inches at the highest point of the slide.
(15) "Wooden roller coaster" means a roller coaster of which the track portion is constructed of wood material.
Section 2. (1) The operating permit shall not be valid for an amusement ride or amusement attraction which has not passed an initial safety inspection and had the inspection fees paid as set out in Section 2 of this administrative regulation.
(2) All amusement rides and amusement attractions operating in Kentucky shall bear an inspection seal. Following a safety inspection, an inspection seal shall be affixed to a permanent and accessible section of the amusement ride or amusement attraction.
(3) If the required inspection seal does not appear on the amusement ride or amusement attraction, operation of the amusement ride or amusement attraction shall be stopped until proof of a valid inspection is provided. Amusement attraction shall not include hay rides, all haunted houses, mazes, manual belayed climbing walls, and mechanical bulls.
Section 3. Inspection fees shall be levied for each amusement ride and amusement attraction. The inspection fees for:
(1) Air inflatables shall be fifty (50) dollars;
(2) Pony rides shall be fifty (50) dollars;
(3) Euro or turbo bungee shall be seventy-five (75) dollars;
(4) Kiddie rides shall be seventy-five (75) dollars;
(5) Play port shall be seventy-five (75) dollars;
(6) Climbing walls shall be seventy-five (75) dollars;
(7) Water rides shall be seventy-five (75) dollars;
(8) Dark rides shall be seventy-five (75) dollars;
(9) Walk throughs shall be seventy-five (75) dollars;
(10) Tracked or trackless trains shall be $100.
(11) Go cart facility shall be $125;
(12) Major rides shall be $150;
(13) Chair lifts or aerial tramway shall be $200;
(14) Steel roller coaster shall be $200;
(15) Bungee or ejector seat shall be $200;
(16) Wooden roller coaster shall be $300; and
(17) Any amusement ride or amusement attraction not listed in this section shall be $150.
Section 4. All new permanent amusement rides and amusement attractions shall have all required state and local permits before the initial safety inspection can be completed.
Section 5. All amusement rides and amusement attractions shall be maintained in good electrical and mechanical condition and shall be under the supervision of an operator at all times during the operation of the amusement ride or amusement attraction.
Section 6. (1) All amusement rides and amusement attractions which are potentially hazardous to spectators shall be fenced to provide protection to bystanders and riders.
(2) A barrier providing a safe distance from the outermost arc shall be present for aerial amusement rides or swings.
Section 7. (1) All power units shall be shielded to provide for public safety.
(2) An amusement ride or amusement attraction, or its power unit, shall not be located where it may present a fire hazard to adjacent buildings, exhibits, or other structures.
(3) Use of gasoline engines and storage of gasoline in or adjacent to a riding device shall be in an approved safety container and at a safe distance from the amusement ride or amusement attraction.
(4) All electrical wires leading to and from the amusement ride or amusement attraction shall be protected and insulated to prevent shock hazard and shall be properly grounded. All electrical junction boxes shall be locked or sealed.
Section 8. Properly charged fire extinguishers shall be present at all amusement rides and amusement attractions.
Section 9. The operator of an amusement ride or amusement attraction shall deny admittance to an amusement ride or amusement attraction to persons who appear to be under the influence of alcohol or drugs, who are not wearing foot protection, such as shoes or secured sandals, or who have in their possession any object that can be dropped from the amusement ride or amusement attraction.
Section 10. To assure continued safety of amusement rides and amusement attractions, periodic safety inspections may be conducted at various times throughout the term of the permit. (11 Ky.R. 94; Am. 400; eff. 9-11-84; 1644; eff. 6-4-85; 29 Ky.R. 2335; 2664; eff. 5-15-03; 33 Ky.R. 888; 1304; eff. 11-8-06.)