Or. Admin. Code § 918-200-0025

Current through Register Vol. 63, No. 11, November 1, 2024

Section 918-200-0025 - Permits, Inspections and Appeals

(1) All amusement rides and amusement devices must be inspected prior to the issuance or renewal of an operating permit. Any defects identified during the inspection that are dangerous to health or safety must be corrected before the inspector issues an inspection report. Defects that do not present an immediate hazard to the safety of the public or persons using the ride or device, or that may be temporarily corrected by restrictions in the operation of the ride or device, shall be noted as a restriction on the permit application, and the permit then issued. However, such defects must be corrected before the time of renewal of the permit. The operator shall notify the division when the corrections are completed by signing and delivering to the division the copy of the permit application provided for reporting corrections. Upon receipt of the inspection reports and certification that the ride or device complies with ORS 460.310 through 460.410 and these rules, receipt of a certificate of insurance from the insurer of the ride, and receipt of the required fees, the division shall issue a permit to operate the ride or device. The permit shall be attached to each amusement ride or device in a location accessible and clearly visible to persons who may wish to confirm the existence of the permit.

(2) The certificate of insurance required by section (1) of this rule, shall:

(a) Be an original on the standard form issued by the insurance carrier;

(b) Include the insurance policy number, the identifying name and, if available, the model and serial or other identifying number of the ride or device; and

(c) Include a statement that the insurance carrier will give the division 30 days prior notice before the insurance policy is canceled.

(3) Permits shall expire one year from the date of issue and renewal permits shall begin on the date of expiration of the expired permit. Within ninety days prior to expiration of an existing permit, an operator may apply on a division form to renew a permit to operate an amusement ride or device.

(4) The results of the inspection shall be recorded by the inspector on forms furnished by and filed with the division. A copy of the report shall also be provided to the operator.

(5) The division may make unscheduled inspections of previously inspected rides.

(6) Any inspector or representative of the division may issue, in writing, a stop order for any amusement ride or device determined to be hazardous or unsafe. Operation shall not resume until the unsafe conditions are corrected and a reinspection has been performed.

(7) The division may suspend or revoke a permit to operate for failure to conform to the minimum safety requirements contained in these rules or otherwise required by law. Proof of compliance with the requirements of the division for reinstatement shall be based on a reinspection.

(8) If the division proposes to suspend or revoke a permit to operate an amusement ride, it shall provide notice in accordance with ORS 183.415 of its proposed action and the basis for such action. If the operator desires a hearing, the operator shall so notify the division in writing, within 20 days. If the division suspends or refuses to renew a permit on an emergency basis as provided by ORS 183.430(2), the operator may request in writing a hearing within 90 days. If the division refuses to issue a permit on grounds other than failure to pass an inspection, the operator may request in writing a hearing within 60 days. For purposes of this section, the calculation of time for notification or receipt shall be:

(a) When mailed by the division, the date mailed plus two days;

(b) When mailed to the division, the date received by the division, less two days.

(9) Temporary renewal permits may be issued as authorized by ORS 460.330(3) upon written application to the division, and payment of the permit fee. Temporary permits shall be valid for 14 days. If the annual renewal permit is issued prior to expiration of the temporary permit, no additional fee shall be required.

(10) Any person failing to obtain the necessary permits required by this rule shall be subject to an investigative fee. The amount of the investigative fee shall be the average or actual additional cost of ensuring conformance with these rules and shall be in addition to the required permit fees.

Or. Admin. Code § 918-200-0025

DC 13-1982, f. 4-21-82, ef. 4-30-82; Renumbered from 814-060-0100; BCD 1-1994, f. 1-14-94, cert. ef. 2-1-94; BCD 10-1994, f. 4-25-94, cert. ef. 5-1-94; BCD 15-1998, f. 9-30-98, cert. ef. 1-1-99; BCD 15-2014, f. 12-31-14, cert. ef. 1/1/2015

Stat. Auth.: ORS 460.355

Stats. Implemented: ORS 460.330 & 455.058