§ 139.7. Inspection.
(a) General inspection requirement. An owner or lessee of an amusement ride or amusement attraction shall have the ride inspected in accordance with section 7 of the act (4 P. S. § 407) and this chapter.
(b) Occasions when inspection is required. An amusement ride or amusement attraction shall be inspected as follows:
Location Type Interval Any location Amusement ride or amusement attraction Prior to operation for the riding public, and on a monthly basis thereafter during a season of operation for use by the riding public (inspections may be discontinued at the end of a season of operation for the riding public, but shall be resumed prior to any operation for the riding public that is to occur outside of the normal season of operation) Amusement park Amusement ride or amusement attraction Prior to operation for the riding public, and on a monthly basis thereafter during a season of operation for use by the riding public (inspections may be discontinued at the end of a season of operation for the riding public, but shall be resumed prior to any operation for the riding public that is to occur outside of the amusement part’s normal season of operation) Fair or carnival Amusement ride or amusement attraction Prior to operation for the riding public at each new location Any location New amusement ride or amusement attraction Prior to operation for the riding public Any location Amusement ride or amusement attraction that has undergone major modification Prior to operation for the riding public (c) Qualified inspector to conduct inspection. The amusement ride or amusement attraction owner or lessee shall engage a qualified inspector to perform the inspections required by the act and this chapter. The owner or lessee shall make the amusement ride or amusement attraction available to the qualified inspector. The owner or lessee shall be solely responsible for expenses in connection with the inspection. The qualified inspector shall, at the conclusion of an inspection, issue the owner or lessee the original plus one copy of a complete inspection affidavit form, as described in § 139.8 (relating to inspection affidavits), and retain a copy for the qualified inspector’s records.
(d) Inspection by the Department. The Department may inspect any amusement ride or amusement attraction (including the operation of that amusement ride or amusement attraction), or any device or location it reasonably believes to be an amusement ride or amusement attraction, to determine whether the ride or attraction is properly registered, whether the ride or attraction has been inspected by a qualified inspector, whether the qualified inspector has performed a competent inspection of the ride or attraction and whether the ride or attraction otherwise complies with the act and this chapter. The inspection may be unannounced or with advance notice to the owner or lessee. The Department will endeavor to conduct these inspections at reasonable times and with a minimum intrusion, unless otherwise necessary to safeguard the public.
(e) Responsibility of owner, lessee or operator to allow inspection. An owner, lessee or operator shall allow the Department to inspect an amusement ride or amusement attraction, and may not hinder or impede the Department in the performance of the inspection.
(f) Responsibility of owner, lessee or operator to produce records. At the request of the Department, an owner, lessee or operator shall produce documentation as to both the operation and maintenance of an amusement ride or amusement attraction.
Source The provisions of this § 139.7 amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial page (276966).
Cross References This section cited in 7 Pa. Code § 139.4 (relating to registration); and 7 Pa. Code § 139a.26 (relating to cranes).
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