Kentucky Administrative Regulations
Title 302 - DEPARTMENT OF AGRICULTURE
Chapter 16 - Amusement Rides
Section 302 KAR 16:111 - Violations, civil penalties, revocations, and suspensions of permits for amusement rides or attractions
Universal Citation: 302 KY Admin Regs Service 16:111
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 247.233
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.233 requires the department to promulgate administrative regulations establishing a comprehensive list of violations and civil penalties not to exceed $10,000 and the procedure for suspension and revocation of a permit. This administrative regulation establishes requirements for violations, civil penalties, revocations, and suspensions of permits for amusement rides or attractions.
Section 1.
(1) The following violations
of KRS
247.232 through
247.236 and 302 KAR Chapter 16
shall result in the assessment of civil penalty of not less than $1,000 and not
more than $10,000:
(a) Operating without a
current permit;
(b) Operating
without current insurance in the required coverage amount;
(c) Operating a ride or attraction while it
is under a stop operation order;
(d) Operating a ride or attraction while the
operator is not present;
(e) Using
blocking in foot switch breaker;
(f) Using improper material for electrical
fuse;
(g) Moving equipment after a
reportable incident or tampering with evidence;
(h) Operating a ride or attraction at an
unsafe distance too close to high voltage;
(i) Positioning a ride or attraction
underneath utility lines;
(j)
Operating a ride or attraction while the operator is impaired;
(k) Grounding the generator
incorrectly;
(l) Failing to
maintain the ride or attraction in good mechanical condition;
(m) Failing to repair ride or attraction
according to manufacturer specifications or recommendations;
(n) Failing to properly shield power units;
and
(o) Failing to use appropriate
replacement parts.
(2)
The following violations of
KRS
247.232 through
247.236 and 302 KAR Chapter 16
shall result in the assessment of a civil penalty of not less than $100 and not
more than $5,000:
(a) Failing to follow
manufacturer safety guidelines and manufacturer specifications;
(b) Failing to notify the department of an
incident requiring a report within twelve (12) hours;
(c) Failing to submit a required incident
report;
(d) Admitting an
intoxicated patron on an amusement ride or attraction;
(e) Admitting a patron with inappropriate
footwear; and
(f) Failing to
completely fill out incident report form.
(3) The following violations of
KRS
247.232 through
247.236 and 302 KAR Chapter 16
shall be result in the assessment of a civil penalty of not less than $100 and
not more than $1,000:
(a) Failing to have
operational manuals on site;
(b)
Failing to have maintenance manuals on site;
(c) Failing to have maintenance records on
site;
(d) Fueling ride or
attraction in an undesignated area;
(e) Exceeding manufacturer's speed of ride or
attraction;
(f) Failing to properly
secure the ride or attraction;
(g)
Failing to have electrical disconnect within six (6) feet of
operator;
(h) Operating a ride or
attraction by an operator under sixteen (16) years of age;
(i) Failing to use correct START/STOP
switch;
(j) Operating the ride or
attraction in inclement weather;
(k) Failing to comply with proper operating
procedures noted during inspection;
(l) Failing to properly anchor inflatable
device;
(m) Failing to perform or
document pre-operation inspections;
(n) Operating without an itinerary;
and
(o) Operating without the
required number of operators as required by manufacturer.
(4) The following acts shall be violations of
KRS
247.232 through
247.236 and 302 KAR Chapter 16.
Violators of these requirements shall be assessed a civil penalty of not less
than $100 and not more than $500:
(a) Failing
to have Ground Fault Circuit Interrupter (GFCI) protection if
required;
(b) Failing to properly
place fencing barrier;
(c) Failing
to have fire extinguishers in correct locations;
(d) Failing to have first aid kit on
location; and
(e) Failing to have
inspection sticker in appropriate location.
(5) Failure to have required ride or
attraction signage or use of incorrect signage shall be a violation of
KRS
247.232 through
247.236 and 302 KAR Chapter 16.
Violators of these requirements shall be assessed a civil penalty of not less
than $100 and not more than $200.
Section 2.
(1) Persons who commit the same violation
within thirty (30) days of being cited for the first violation shall be
assessed up to double the civil penalty accessed in Section 1 of this
administrative regulation, not to exceed $10,000.
(2) Persons who commit a third same violation
within sixty (60) days of being cited for the first violation shall be assessed
up to triple the civil penalty accessed in Section 1 of this administrative
regulation, not to exceed $10,000.
(3) This section shall not prohibit the
commissioner from suspending or revoking a license, permit, registration, or
certification at any time pursuant to
KRS
247.233.
Section 3. Permit Suspension or Revocation.
(1) The business owner shall have ten (10)
days upon the receipt of the notification of a proposed suspension, revocation,
or modification of a permit to request a hearing. The hearing shall be
conducted in accordance with KRS Chapter 13B.
(2) If a hearing is not requested, the
department may suspend, revoke, or modify the permit once the ten (10) day
hearing request filing period has passed.
(3)
(a) The
department may suspend a permit and may place stop operation orders on all
rides or attractions belonging to the owner for a period of time that shall not
exceed seven (7) days, pending inquiry.
(b) After opportunity for a hearing, the
department may deny, suspend, revoke, or modify the provision of any permit
issued under KRS
247.234 if the department finds that the
owner or his employee has committed any of the following acts, each of which is
declared to be a violation of
KRS
247.232 through
247.236:
1. Making a false or fraudulent statement to
inspectors;
2. Knowingly violating
any provision of KRS
247.232 through
247.236 or 302 KAR Chapter 16;
or
3. Failing to pay an
administrative penalty or fee assessed by this chapter.
(4) Any owner whose permit is
revoked under the provisions of this section shall not be eligible to apply for
a new permit until the time has elapsed from the date of the order revoking the
permit as established by the department, not to exceed two (2) years, or if an
appeal is taken from the order or revocation, not to exceed two (2) years from
the date of the order or final judgment sustaining the revocation.
STATUTORY AUTHORITY: KRS 247.233
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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