§ 139.9. Qualified inspectors.
(a) General. The Department will certify persons who meet the requirements of this section to act as qualified inspectors. Any inspection of an amusement ride or amusement attraction required under the act shall be conducted by a qualified inspector who is certified by the Department with respect to the category of amusement ride or amusement attraction that is being inspected. Persons who have been certified by the Department as qualified inspectors prior to December 13, 2008, may continue to inspect amusement rides and attractions under authority of that certification, but shall meet the requirements of this section when the qualified inspector next renews the certification in accordance with subsection (k).
(b) Certification categories. The Department will categorize amusement rides and attractions, and will be guided by ASTM categorizations of amusement rides and attractions in this categorization process. The Department will establish specific written tests or hands-on tests, or both, with respect to each category. These categories may address water rides, climbing walls, kiddie rides, train rides, hydraulics, inflatable rides or any other category described in ASTM standards and designated by the Department. The Department will publish the current list of certification categories on its web site (www.agriculture.state.us). The Department may categorize an amusement ride or amusement attraction in a manner other than as categorized by ASTM if there is no applicable ASTM categorization or the Department, in its discretion, believes another categorization is more appropriate.
(c) Application. A person may apply to the Department to become a qualified inspector. A qualified inspector application form may be obtained by contacting the Department through any means described in § 139.14 (relating to contacting the Department). The qualified inspector application form will require the following information:
(1) The name, address and telephone number of the applicant.
(2) The e-mail address of the applicant (if it exists).
(3) The name, address and telephone number of the particular owner or lessee with respect to which the applicant seeks to become an affiliated qualified inspector, if the applicant seeks to be an affiliated qualified inspector.
(4) A detailed description of the education, training or experience of the applicant with respect to the safe erection, operation and dismantling of the amusement rides and attractions.
(5) The specific categories of amusement rides or amusement attractions with respect to which certification is sought.
(6) Verification that the applicant is at least 18 years of age as of the date of the qualified inspector application form.
(7) The signature of the applicant, verifying that representations made in the application are true and correct, and made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(d) Application fee. The application fee with respect to a qualified inspector application form is $50. This fee is not refundable, and shall be paid by check or money order made payable to the ‘‘Commonwealth of PA’’ in that amount.
(e) Filing the application. An applicant shall submit a complete qualified inspector application form to the Department by mailing or delivering the form, together with the fee described in subsection (d), to the address in § 137.14.
(f) Department review and action. The Department will promptly review an application to determine whether the application form is complete and will, within 30 days of receiving the application, provide the applicant the following by mail or electronic means:
(1) An acknowledgment of receipt of the complete application.
(2) A schedule showing dates, times and locations of upcoming Qualified Inspector Tests, and instructions for scheduling the applicant to sit for the test.
(3) Written instructions as to how the applicant may download a Qualified Inspector Test study packet from the Department’s internet web site, receive a test study packet by e-mail or request the Department mail the applicant a test study packet.
(g) Qualified Inspector Test. The Qualified Inspector Test shall be a written test or a hands-on test, or both, measuring the experience and ability of the applicant with respect to the safe erection, operation and dismantling of amusement rides or attractions that are in the category of amusement ride or amusement attraction with respect to which certification is sought. The test may address multiple categories of amusement rides and attractions. The Department will score a Qualified Inspector Test. The passing score for the test shall be 70% or higher. The Department will report the results to the applicant by mail or electronic means within 30 days of the date of the qualified inspector test.
(h) Qualified inspector’s certificate and credential card.
(1) If an applicant passes the Qualified Inspector Test, the Department will issue a certificate and a credential card identifying the applicant as a qualified inspector of amusement rides and attractions, specifying whether the person is an affiliated qualified inspector or a general qualified inspector, and setting forth the following:
(i) The name of the qualified inspector and, on the credential card only, a photograph of the qualified inspector.
(ii) The date of certification and the expiration date.
(iii) The particular owner or lessee with respect to which the applicant is authorized to act as an affiliated qualified inspector, if the application does not specify an affiliation, if issued to an affiliated qualified inspector.
(iv) The categories of amusement rides or attractions with respect to which the applicant is certified as a qualified inspector.
(2) The certificate and credential card will remain the property of the Department and shall, upon the written request of the Department, be surrendered to the Department. The applicant shall be responsible to coordinate with the Department to obtain the photograph required for the issuance of the credential card.
(i) Powers of affiliated qualified inspectors and general qualified inspectors.
(1) An affiliated qualified inspector may do the following:
(i) Conduct an inspection of an amusement ride or amusement attraction that is both of the following:
(A) Owned or leased by a person designated on the affiliated qualified inspector’s certificate and credential card.
(B) Within a category with respect to which the qualified inspector is certified.
(ii) Issue inspection affidavits as described in § 139.8 (relating to inspection affidavits).
(iii) Charge a fee for conducting an inspection, but not a fee that varies with whether an amusement ride or amusement attraction passes or fails the inspection.
(2) A general qualified inspector may do the following:
(i) Conduct an inspection of an amusement ride or amusement attraction that is within a category with respect to which the qualified inspector is certified.
(ii) Issue inspection affidavits as described in § 139.8.
(iii) Charge a fee for conducting an inspection, but not a fee that varies with whether an amusement ride or amusement attraction passes or fails the inspection.
(j) Duration of certification. A qualified inspector’s certification will expire 3 years from the date of certification, unless revoked or suspended earlier by the Department.
(k) Renewal of current certificate and credential card.
(1) A qualified inspector may renew certification by delivering to the Department, at the address in § 139.14 and prior to the expiration of the current certificate and credential card, a complete renewal form. A person may obtain this form by contacting the Department through any means described in § 139.14. The renewal form will require the information described in subsection (c)(1)—(7), and the following:
(i) A copy of a course completion certificate verifying that the applicant has met the continuing education requirement in subsection (l).
(ii) A nonrefundable $50 application fee, by check or money order made payable to the ‘‘Commonwealth of Pennsylvania’’ in that amount.
(2) The Department will, within 30 days of receipt of a complete renewal form, mail or deliver to the applicant approval or denial of the requested renewal, or a request for additional information. If the Department denies the renewal it will provide written notice of the basis for denial. A renewed certificate will be valid for the period described in subsection (j).
(l) Continuing education requirement. As a prerequisite to renewal of certification under subsection (k), an affiliated qualified inspector shall attend at least 24 hours of relevant Department-approved continuing education training in the area of safe amusement ride and attraction erection and operation during the period of certification. A general qualified inspector shall attend at least 48 hours of this training during the period of certification. If a qualified inspector fails to comply with this continuing education requirement, certification will expire as of the expiration date on the qualified inspector’s current certificate and credential card. If the Department determines that amusement rides or amusement attractions belonging to a particular category established under subsection (b) 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 amusement ride or amusement attraction than are otherwise required under this subsection, it may establish this continuing education requirement by publishing notice of this requirement in the Pennsylvania Bulletin, posting notice of this requirement on its web site and providing all qualified inspectors for the subject category of amusement ride or amusement attraction with written notice of this requirement. This reduced continuing education requirement may not entail less than 16 hours of continuing education training.
(m) Revocation or suspension of certification. The Department may revoke the certification of a qualified inspector for cause, after providing the qualified inspector written notice and opportunity for a hearing. A revocation will be for a specific period of time determined by the Department. The circumstances justifying revocation include the following:
(1) Allowing another person to conduct an amusement ride or amusement attraction inspection under authority of the certificate or credential card.
(2) Issuing an inspection affidavit without first conducting a thorough inspection of the amusement ride or amusement attraction that is the subject of the inspection affidavit.
(3) Issuing an inspection affidavit with respect to an amusement ride or amusement attraction that does not meet the requirements of the act and this chapter.
(4) Representing a qualified inspector to be an employee or agent of the Department.
(5) Inspecting an amusement ride or amusement attraction that is not in the category of amusement ride or amusement attraction with respect to which the qualified inspector is certified.
(6) Basing an inspection fee amount upon whether an inspection affidavit is issued with respect to the amusement ride or amusement attraction inspected.
(7) Altering or defacing a certificate or credential card for the purpose of obscuring or misrepresenting the information on either document.
(8) Other violations of the act or this chapter.
Source The provisions of this § 139.9 amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial pages (276966) to (276967).
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