23 CAR § 400-104 – Inspections

(a)
1. (1) Pursuant to Arkansas Code § 23-89-506, the Director of the Division of Labor is authorized to inspect each person or entity to ensure compliance with this part.
2. (2) The director shall employ amusement ride inspectors certified by the National Association of Amusement Ride Safety Officials.
(b) Twice per calendar year, the director or any officer of the Division of Labor designated by the director shall inspect all permanently placed operational amusement rides or attractions located in this state being operated for profit or charity.
(c) All portable amusement rides or attractions shall be inspected by the director or any officer of the division designated by the director every time they are moved to a new location in Arkansas and before they are permitted to commence operation or open to the public.
(d) Six-month inspections.
1. (1) Inflatable attractions, self-contained mobile playgrounds, artificial climbing walls, and other patron-propelled amusement rides or attractions shall be inspected every six (6) months, unless a more frequent schedule of inspections is established by rule of the director for certain types of inflatable attractions and self-contained mobile playgrounds.
2. (2) Pursuant to Arkansas Code § 23-89-506(4)(C), mechanical bulls, gyro devices, and trackless trains shall be inspected every six (6) months.
(e) Self-contained mobile playgrounds, artificial climbing walls, and other patron-propelled amusement rides or attractions shall be inspected pursuant to subdivision (d)(1) of this section only if such playgrounds contain no mechanical or electrical parts, structures, or additions such as blowers or lights.
(f) The director shall charge a fee pursuant to Arkansas Code § 23-89-506 to be paid by the owner of any amusement ride or amusement attraction for all amusement ride safety inspections performed by any employee of the division.
(g)
1. (1) If the director or an authorized employee of the division finds that any amusement ride or attraction is defective in a manner affecting patron safety or unsafe pursuant to the adopted codes and standards found in 23 CAR § 400-103 or 23 CAR § 400-201 et seq., he or she shall attach to the amusement ride or attraction a notice and order prohibiting its use or operation.
2. (2)
  1. (A) Operation of such an amusement ride or attraction shall not resume until the unsafe or hazardous condition is corrected and the director or his or her authorized representative permit such operation.
  2. (B) The authorized employee shall immediately report the ride or attraction and its condition to the division.
3. (3) If such a notice or order is attached to any amusement ride or attraction, any owner or operator who operates that amusement ride or attraction in violation of this order shall be subject to a cease and desist order and an administrative penalty pursuant to 23 CAR § 400-111.
(h) If the director or an authorized employee of the division finds that any amusement ride or attraction does not meet minimum safety standards, but such defect does not pose an immediate danger to patron safety but is otherwise unsafe, then such defect may be corrected within a reasonable time designated by the inspector.
(i) A red-tag shall be applied to any ride or attraction if the owner or operator fails to correct defects described in subsection (h) of this section.