§ 139.4. Registration.
(a) Registration required. An owner intending to operate or use an amusement ride or an amusement attraction in this Commonwealth during a calendar year shall register the amusement ride or amusement attraction with the Department prior to operation.
(b) Duration of registration. Registration of an amusement ride or an amusement attraction shall expire as of the earlier of the following:
(1) January 1 of the year immediately following the year with respect to which the registration is issued.
(2) The date upon which the registered amusement ride or amusement attraction undergoes a major modification.
(c) Obtaining a registration application. A person may obtain an amusement ride or amusement attraction registration application form by contacting the Department as described in § 139.14 (relating to contacting the Department). The Department will provide the form upon request, and make the form available for download through the Department’s web site: www.agriculture. state.pa.us.
(d) Contents of registration application form. A registration application form will require the following information:
(1) The name, address, e-mail address and telephone number of the owner.
(2) The name, address, e-mail address and telephone number of the lessee, if different than the owner.
(3) If the amusement ride or amusement attraction has previously been registered, the registration number appearing on the registration plate issued by the Department and attached to that ride or attraction.
(4) A description of the type of enterprise involved, whether a carnival, fair, park, rental company, go-cart track, water park, nonseasonal operation, or other.
(5) A list of each amusement ride or amusement attraction with respect to which registration is sought, by name, manufacturer’s name and serial number.
(6) The name, address, e-mail address and telephone number of the insurance carriers providing the owner, lessee or operator the liability coverage required under section 14 of the act (4 P. S. § 414) and § 139.5 (relating to insurance).
(7) With respect to each identified amusement ride or attraction, verification of one of the following:
(i) The amusement ride or amusement attraction is of a type appearing on the Department’s most current list of approved rides.
(ii) Written verification under seal of a professional engineer, acknowledging familiarity with the ride or attraction at issue, acknowledging familiarity with the requirements of the act and this chapter and confirming all of the following:
(A) The ride or attraction is designed to carry all loads safely, and to withstand normal stresses to which it may be subjected.
(B) The structural materials and construction of the ride or attraction conform to normal engineering practices, procedures, standards and specifications.
(C) Data pertinent to the design, structures, and factors of safety and performance are in accordance with accepted engineering practices.
(D) The manufacturer or fabricator of the ride or attraction otherwise meets the applicable design and construction requirements of the act, the ASTM International F-24 Committee Standards and this chapter.
(8) An acknowledgment by the applicant that, if the registration is approved, it is the responsibility of the applicant to apprise the Department, in writing, of changes to the information provided on the registration application during the registration period.
(9) An acknowledgment by the applicant that, if registration is approved, the registration automatically ceases as of the date of any major modification, and the ride shall be reregistered with the Department.
(10) The signature of the applicant for registration, verifying that representations in the application are accurate and complete, and making that verification subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(e) Department action on registration application. The Department will, within 30 days of receiving a correct and complete registration application form, mail the applicant one of the following:
(1) Written confirmation of registration and, if necessary, a registration plate to be affixed to the amusement ride or attraction.
(2) Written denial of registration, with an explanation of the reasons for denial.
(3) A detailed request for additional information or clarification the Department deems necessary to ensure the amusement ride or amusement attraction meets the requirements in subsection (d)(7)(ii)(A)—(D). This request may also include a requirement the ride or attraction be made available to the Department or persons authorized by the Department, at a time or location mutually agreeable to the applicant and the Department, for inspection and testing. Once the requested information is delivered to the Department or the requested testing and inspection is conducted, the Department will have an additional 30-day period within which to review the registration application.
(f) Responsibility of registrant. A person who registers an amusement ride or amusement attraction in accordance with this section shall, during the registration period, be responsible to apprise the Department, in writing, of changes to the information provided on the registration application. In addition, the registrant shall affix the registration plate provided by the Department to the amusement ride or amusement attraction in a location where the plate is plainly visible to the riding public, and shall promptly request a replacement plate when necessary.
(g) Refusal or revocation of registration. If the Department issues a written denial of registration as described in subsection (e)(2), it will afford the applicant an opportunity for an administrative hearing on the denial. If the Department has reason to believe an amusement ride or amusement attraction that is registered does not meet the requirements for registration, it will issue a written revocation of registration, and will afford the applicant an opportunity for an administrative hearing on the denial.
(h) Registration plate. The Department will issue a registration plate, bearing a unique registration number, with respect to each amusement ride or amusement attraction registered in accordance with this section. The registration plate remains the property of the Department after it is issued. The registrant shall be responsible to ensure that the registration plate remains affixed to the registered amusement ride or amusement attraction in a location where the plate is plainly visible to the riding public. The registration plate is intended as a permanent means of identifying the amusement ride or attraction, and shall remain affixed to the ride or attraction from one registration period to the next. If the registration plate cannot be affixed to the registered amusement ride or amusement attraction in a location where the plate is plainly visible to the riding public, it may be affixed to a sign, placard or surface at the point of ingress to the ride or attraction, so as to be plainly visible to the riding public, and shall physically accompany the ride or attraction at all times. Although the Department will not charge a fee for the issuance of a registration plate, it will charge a registrant $30 to replace a lost or obliterated registration plate. This charge reflects the reasonable cost to the Department of replacing a registration plate.
(i) Inspection of amusement rides or amusement attractions. The Department may inspect any amusement ride or attraction, or any device or location it reasonably believes to be an amusement ride or attraction, to determine whether the ride or attraction is properly registered. The inspection will be conducted in accordance with § 139.7(d) (relating to inspection).
Source The provisions of this § 139.4 amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial page (276964).
Cross References This section cited in 7 Pa. Code § 139.8 (relating to inspection affidavits); and 7 Pa. Code § 139a.21 (relating to registration of bungee jumping operations).
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