CRB California Research Bureau, California State Library

CRB 97-012 August 1997

APPENDIX B -- REGULATION IN THE 50 STATES AND DISTRICT OF COLOMBIA

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Alabama

None

None

None

None

None

Alaska

1960

Fixed-Site and Mobile

Department of Labor

$1 million liability insurance policy required for both tramways and amusement rides. Minimum 10 day notification to Department before operation can begin.

Performed by the Alaska Department of Labor

Arizona

NA

State Fair

Industrial Commission -- Occupational Safety and Health

None

Private agency inspection of rides at annual State Fairs. Rides inspected on Indian Reservations funded by Bureau of Indian Affairs.

Arkansas

1981

Fixed-Site and Mobile

Department of Labor

No permit issued. Dept. of Labor requires proof of current minimum insurance and inspection by ADOL before opening to the public.

State inspections done at ride, fair or carnival set-up.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

California

1968

Mobile

Department of Industrial Relations -- Division of Occupational Safety and Health

Amusement Rides -- operating permit expires March 1 of each year. Passenger Tramways -- annual operating permit required.

Inspected by the Occupational Safety and Health Division. Tramways are inspected twice a year. Mobile rides are inspected at least once a year.

Colorado

1981

Fixed-Site and Mobile

Division of Labor

Permits are required by all owners of both fixed-site and mobile rides. Permits are required for amusement parks or carnivals for the particular year.

Inspection performed by State and others (insurance company -- private firms).

Connecticut

1945

Fixed-Site and Mobile

Department of Public Safety -- State Fire Marshal

Application for inspection needs to be submitted 15 days prior to opening date to allow for scheduling of inspection.

Annual inspection by professional engineer. Re-inspection of mobile carnival rides at each new site. Amusement parks are inspected once annually before opening.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Delaware

1985

Fixed-Site and Mobile

Office of the State Fire Marshal

Electrical inspections required for each carnival/fair or show "set up."

Third party deemed as insurance carrier. Insurance inspections rather than state; no specific guidelines for inspection.

District of Columbia

1992

Mobile only

Dept. of Consumer & Regulatory Affairs

Licenses required for carnival before the rides begin operating.

Inspect amusement rides operating at carnivals, circuses and neighborhood festivals in the District of Columbia. No inspection guidelines.

Florida

1983

Fixed-Site and Mobile

Department of Agriculture

Mobile rides inspected every time they are set up. Waterparks, permanent parks, and go-cart tracks are inspected prior to start of each season.

Inspects any mobile ride and fixed sites without full-time safety inspectors. Bungee jumping operations inspected. Does not inspect permanent facilities that employ 1,000 or more full-time employees and maintain approved permanent safety inspectors.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Georgia

1985

Fixed-Site and Mobile

Department of Labor

Permits required annually for all amusement devices. Prior to issuance of a permit the manager/operator must file proof of insurance in the amount of at least $500,000 liability coverage, and a list of rides and serial numbers.

Amusement (stationary) and Carnival (mobile) rides are inspected annually at the time of the first "play date" and spot check several times thereafter.

Hawaii

1980

Fixed-Site and Mobile

Department of Labor and Industrial Relations -- Occupational Safety and Health

Certificate of Inspection is attached to ride after each inspection.

Rides inspected every six months by State. Elevator inspectors do the amusement device inspections.

Idaho

NA

Fixed-Site and Mobile

Division of Building Safety. May be regulated by local ordnance in some cities.

Permits (and inspection) required for each set up or annually, prior to first show, for permanent locations.

Inspection required for each set up or annually, prior to first show, for permanent locations.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Illinois

1984

Fixed-Site and Mobile

Department of Labor

Fixed and Mobile operators must apply for annual permits. Rides and attractions must pass inspection before permit issued.

Annual inspection of amusement rides, amusement attractions, ski-lifts, rope tows, go-carts, bungee cord devices and those waterslides not regulated by the Illinois Dept. of Public Health. Follow-up inspections are unannounced.

Indiana

1987

Fixed-Site and Mobile

State Building Commissioner

Are required

Covers mobile rides, ski-lifts, and fixed sites. Rides are inspected on first "set up" each year. They are then subject to inspection each additional time they are "set up."

Iowa

1972

Fixed-Site and Mobile

Division of Labor

Operator issued an annual license for each ride following inspection. Carnival or event permit issued annually.

Covers fixed-site and mobile rides, but not ski-lifts unless part of the carnival or fair. Inspection scheduled before ride opens and then annually or "spot checks" thereafter.

Kansas

None

None

None

None

None

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Kentucky

1984

Fixed-Site and Mobile

Department of Agriculture

$50.00 permit fee, good for one year.

One annual inspection required by state. Covers mobile and fixed-site amusement rides, ski-lifts, waterslides, air inflatable rides, and go-cart establishments.

Louisiana

1985

Fixed-Site and Mobile

Department of Public Safety -- State Fire Marshal

None

None

Maine

1961

Fixed-Site and Mobile

Department of Public Safety -- Office of the State Fire Marshal

Requires permits and registration for license.

Annual on-site inspection of fairs, carnivals, circus, etc. upon entering state. Annual inspection of fixed-site rides. Inspection of mobile rides as set up and reassembled. Inspected as complaints received.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Maryland

1976

Fixed-Site and Mobile

Division of Labor and Industry

Certificate of Inspection required for each ride, each time moved and reassembled. Certificate of Insurance required: Not less than $200,000 for non-mechanical rides, $350,000 for mechanical.

Annual inspections of fixed-site amusement parks. Mobile rides inspected each time ride is moved and reassembled. Ski-lifts, tramways, waterslides, and go-carts also regulated by this agency.

Massachusetts

1974

Fixed-Site and Mobile

Department of Public Safety Engineering

Annual permitting required for mobile sites.

Initial inspection by licensed insurance representative approved by state Public Safety Office - if an injury accident occurs, a state Dept. Engineer steps in. Annual and intermittent inspection of mobile rides. Annual on-site inspection of fixed parks.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Michigan

1966

Fixed-Site and Mobile

Division of Commerce

Obtained from Commercial Licensing Division. Both mobile and fixed-site ride operators apply for annual permits. Must pass inspection before issuance of permit.

Annual inspection. Periodic inspections based upon past history. Some cities in Michigan require a state inspection before rides can operate. Waterslides also covered - require plans specification, stress analysis and engineering certification.

Minnesota

1992

Fixed-Site and Mobile

Department of Labor and Industry

None

$1 million minimum insurance per occurrence. Requires a Certificate of insurance or affidavit of inspection. $2,000 per day civil penalty for violations.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Mississippi

NA

Mobile

Office of Consumer Protection. Individual cities & municipalities have jurisdiction in their respective areas.

A license is required for tax purposes.

State Fair Commission inspects each ride erected for annual fair.

Missouri

None

None

None

None

None

Montana

None

None

None

None

None

Nebraska

1987

Fixed-Site and Mobile

Department of Labor

Annual Permits issued upon completion of application process.

Inspected annually by the State; if not done by qualified inspectors. (Insurance inspectors or qualified private inspectors).

Nevada

1991

Fixed-Site and Mobile

Consumer Affairs

Permits and Licenses by cities.

Inspections by city code inspectors.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

New Hampshire

1989

Fixed-Site and Mobile

Department of Safety

Registration/license required.

Prior to registration/licensing, an independent inspector visits the mobile or fixed-site ride. Subsequent annual and intermittent inspections conducted by the state on mobile and fixed-site rides. Follow-up complaint inspections performed by state.

New Jersey

1975

Fixed-Site and Mobile

Department of Labor

Each ride licensed, both mobile and fixed-site. Certificate of Insurance ($100,000) required.

Full safety inspections prior to season. Load tests in heavy rides, carnivals must submit itinerary in advance. Mobile rides inspected following set up at each location. Bungee jumping, ski-lifts, tramways, and go-carts are also included.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

New Mexico

1978

Fixed-Site and Mobile

New Mexico Carnival Program

Inspections and insurance certificates are required to be filed with the state. Filing fee is $50.00 per ride. $3 million liability insurance required per ride, including bungee jumping and state fair rides.

Annual inspections by a NAARSO inspector and daily inspections by the owner/operator.

New York

1983

Fixed-Site and Mobile

Department of Labor

Permits required for mobile and fixed-site amusement rides. Certificate of Insurance required minimum $1 million. Permits: Each $25 kiddie rides and $50 adult rides.

Annual on-site inspection of stationary amusement park rides. Mobile rides must submit schedules in advance for inspections at all stops.

North Carolina

1986

Fixed-Site and Mobile

Department of Labor

A permit number is issued which is recorded on a sticker and attached to the ride following inspection.

Semi-annual inspection of stationary rides; Unannounced inspection; Every mobile ride inspected at each set-up; Follow up inspections to insure compliance. Ski-lifts, go-carts, and rope tows also regulated by this agency.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

North Dakota

None

None

None

None

None

Ohio

1985

Fixed-Site and Mobile

Department of Agriculture

A permit is issued annually for each mobile amusement ride upon completion of a satisfactory safety inspection. Prior to issuance of a license, the operator must file an Ohio itinerary as well as initiate the filing of a Certificate of Insurance.

Every ride is inspected prior to the issuance of the license. Depending upon the firm's history, rides must be inspected at each subsequent location. Rides found unsafe must be made safe prior to operating again.

Oklahoma

1984

Fixed-Site and Mobile

Department of Labor

Annual registration. Certificate of Operation issued to each mobile and fixed locations - each ride is to be registered with the Oklahoma Labor Department.

Inspection required by state inspectors. Mobile - each time set up; Permanent - annually. Insurance is required. Bungee Jumping & go-carts are also regulated.

Oregon

1959

Fixed-Site and Mobile

Building Codes

Annual permit for operation of all amusement rides.

Annual inspection of fair, carnivals, circus, etc. statewide. Annual inspection of all stationary amusement parks.

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Pennsylvania

1984

Fixed-Site and Mobile

Department of Agriculture

Rides must be registered with the Department of Agriculture. An Itinerary and Certificate of Inspection must be provided.

Rides must be inspected by a Certified Inspector every thirty (30) days or every set up, whichever comes first. Quality Control inspections are conducted by State Inspectors on a frequent and random schedule.

Rhode Island

1985

Mobile

Department of Labor

None issued by the state, however Certificate of Operator issued by local building or electrical inspectors.

Annually. Generally, insurance company conducts their own inspection. In an accident/incident situation state building officials will inspect.

South Carolina

1976

Fixed-Site and Mobile

Department of Labor, Licensing and Regulations

Permit required. Good for 12 months ending Dec. 31st. $500 thousand liability insurance required.

Yearly and unannounced. Operator inspections also. NDT and manuals required; daily check sheets and maintenance records required.

South Dakota

None

None

None

None

None

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Tennessee

1984

Fixed-Site and Mobile

Department of Labor

Only applicable to Tramways & Ski-lifts as covered in elevator legislation. A state permit is required for new construction and modification.

Six month on-site inspection for tramways and aerial rides.

Texas

1983

Fixed-Site and Mobile

Department of Insurance

Insurance policy required by the Texas Department of Insurance for review of compliance. A $20.00 filing fee is required for each amusement ride. A $20.00 fee for each entire go-cart track.

Annual inspection required with inspection certificate submitted to the Texas Department of Insurance for review. Inspectors are required to be professionally qualified by the insurer.

Utah

NA

All Inflatable Rides

Division of Consumer Protection

None

None

Vermont

1996

Fixed-Site and Mobile

Secretary of State

Issue permits to operate if proof of liability insurance is presented.

None

 

 

State

Year of Initial Legislation

Type(s) of Parks Inspected

Oversight Agency

Permits and Licenses

Inspections

Virginia

1986

Fixed-Site and Mobile

State Building Code Office

A permit is required from the local building department for the re-assembly or operation of an amusement device.

Inspections are required prior to each operation, after any major modification, or after each assembly. Inspections are performed only by inspectors that have met Virginia's certification requirements.

Washington

1986

Fixed-Site and Mobile

Department of Labor and Industries

Amusement Rides require Permits and Licenses. Annual operating permits.

Annual Safety and Mechanical Inspection. Electrical Inspection each "setup." Maintain liability insurance.

West Virginia

1966

Fixed-Site and Mobile

Division of Labor

Mobile ride license required at time of each "set-up." Fixed-rides require annual licenses.

Each ride is licensed, both mobile and fixed-site. Certificate of $1 million insurance required.

Wisconsin

NA

Fixed-Site and Mobile

Department of Industry, Labor and Human Relations

Annual registration required prior to opening to public. Registration fee required. Registration & Inspection stickers are applied to each ride.

Seasonal inspections for mobile and permanent rides. Re-inspection when violations are found. Inspection fees required.

Wyoming

1987

Fixed-Site and Mobile

Department of Agriculture

Local responsibility

Local responsibility