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PA Bulletin, Doc. No. 09-257

NOTICES

DEPARTMENT OF AGRICULTURE

Continuing Education Requirements for Affiliated Qualified Inspectors of Certain Categories of Amusement Rides or Amusement Attractions

[39 Pa.B. 853]
[Saturday, February 14, 2009]

   The Department of Agriculture (Department) administers and enforces the Amusement Ride Inspection Act (act) (4 P. S. §§ 401--419).

   The regulations promulgated under authority of the act (7 Pa. Code Chapter 139 (relating to amusement rides and attractions erected permanently or temporarily at carnivals, fairs and amusement parks)) establish continuing education requirements for ''qualified inspectors'' of amusement rides and amusement attractions. These requirements are set forth in detail in 7 Pa. Code § 139.9(l) (relating to qualified inspectors). Qualified inspectors are divided into two categories: affiliated qualified inspectors and general qualified inspectors. An affiliated qualified inspector's authority is limited only to rides and attractions owned or leased by a particular owner or lessee. A general qualified inspector has no such restriction, and may inspect rides or attractions without regard to who owns or leases them.

   The continuing education requirements for qualified inspectors include a mandatory minimum number of hours of continuing education instruction that a qualified inspector must obtain before the Department will renew its certification of that qualified inspector. In general, this minimum-hour requirement is 24 hours for an affiliated qualified inspector and 48 hours for a general qualified inspector. This training must be obtained during the 3 years preceding an application for renewal of certification.

   The regulation in 7 Pa. Code § 139.9(b) requires the Department to establish specific categories of amusement rides and amusement attractions by publishing this categorization on its web site. This has been done; and the list can be accessed through the following web site address: www.agriculture.state.pa.us.

   The regulation in 7 Pa. Code § 139.9(l) allows the Department to reduce the continuing education requirement with respect to any of these Department-established categories of amusement rides and amusement attractions to as few as 16 hours if it determines that rides or attractions within that category are of a comparatively simple design or operation to '' . . . reasonably justify a requirement of fewer hours of continuing education for qualified inspectors of that particular category of ride or attraction than are otherwise required under that subsection.''

   Under the discretion afforded it under the regulation in 7 Pa. Code § 139.9(l), the Department hereby gives notice that the mandatory minimum continuing education requirement for persons who are affiliated qualified inspectors with respect to any of the following Department-designated categories of rides and attractions shall be 16 hours, rather than the 24 hours otherwise required under that subsection:

   1.  Water Attractions (including Water Slides).

   2.  Go-Carts and Bumper Boats.

   3.  Walk-through Attractions (including ''Haunted'' Attractions).

   4.  Inflatable Amusement Attractions.

   5.  Extreme Sports (including Climbing Walls and Bungee Trampolines).

   This notice does not pertain to general qualified inspectors.

   Interested persons may direct questions or comments to the Director of the Department's Bureau of Ride and Measurement Standards at (717) 787-9089, or to the following address:

Pennsylvania Department of Agriculture
Bureau of Ride and Measurement Standards
ATTN: Director
2301 North Cameron Street
Harrisburg, PA 17110-9408

   This Notice shall take effect January 29, 2009, and shall remain in effect until rescinded or modified.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 09-257. Filed for public inspection February 13, 2009, 9:00 a.m.]


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