302 KAR 16:040. Correction of safety violations and right to reinspection.

      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 authorizes the Commissioner of the Department of Agriculture to provide for safety inspections for amusement rides or attractions. This administrative regulation establishes procedures for the correction of safety violations by amusement rides or attractions.

      Section 1. If a department safety inspector finds an amusement ride or amusement attraction does not comply with KRS 247.232 to 247.236, 302 KAR 16:010 through 302 KAR 16:070, or manufacturer's standards, he shall issue a stop operation order prohibiting the operation of the amusement ride or amusement attraction, or any part thereof, found to be in violation. The stop operation order shall be removed from the amusement ride, amusement attraction, or structure only when the violation has been corrected and then only by a department safety inspector. A stop operation order shall not be issued for any violation found to be correctable as defined in 302 KAR 16:030.

      Section 2. If, upon an initial reinspection of an amusement ride or amusement attraction under a stop operation order, the safety violation has been corrected within twenty-four (24) hours, the owner may not be charged a reinspection fee as authorized by KRS 247.234.

      Section 3. If in the opinion of the department's inspector, an amusement ride or amusement attraction present an imminent danger, he shall issue and attach a stop operation order against the use of the device or structure. The order shall not be removed until the device is made safe, and then only by the department or its designee; and in the meantime the device shall not be used. (11 Ky.R. 401; eff. 9-11-84; Am. 14 Ky.R. 234; eff. 9-10-87; 29 Ky.R. 2337; 2665; eff. 5-15-03.)