§ 23-34.1-5 Operation of amusement ride ordevice Permits. (a) A permanent amusement device or amusement attraction may not be operated inthe state without a permit issued by the department. Temporary amusementdevices and amusement attractions must also have a certificate to operate. Thepermits and certificates are not transferable, and if any permit holdervoluntarily discontinues operation of the amusement device or amusementattraction, all rights secured under the permit are terminated.
(2) Before commencement of the operation of a permanentamusement device or amusement attraction, the owner shall make writtenapplication to the department for a permit to operate. A permit shall be issuedto any owner who presents to the department a certificate issued by a qualifiedinspector that the amusement attraction or amusement ride has undergone andpassed its annual inspection. Permanent amusement rides/devices shall beinspected one time per year by a qualified inspector. The permit shall be validfor a period of one year. In order to perform the above inspection, the ride ordevice shall be disassembled only to the extent that will make every connection(either welded or bolted), accessible for thorough inspection. The inspectionshall at a minimum comply with the requirements of the American Society forTesting and Materials (ASTM Committee F-24 on amusement rides and devices). Anaffidavit of the annual disassembled ride inspection, must be filed with thedepartment.
(3) A temporary amusement device or amusement attraction,upon first entry into the state, must be inspected by the department for thepermit to be issued. Additionally, it must be inspected at least annually by aprofessional engineer, or other qualified inspector, each of whom must beapproved by the department. The inspection shall at a minimum comply with therequirements of the American Society for Testing and Materials (ASTM CommitteeF-24 on amusement rides and devices). An affidavit of the annual inspectionmust be filed with the department.
(b) Additional inspections in either a disassembled orassembled configuration shall be conducted if evidence of a dangerous ordefective condition is presented to the commissioner.
(c) For the purposes of this chapter, "qualified inspector"has the meaning attributed to an inspector who possesses the qualifications setforth in § 23-34.1-18.