Section 5.9004 - Amusement Ride Operation Requirements(a) Operational Requirements. An owner/operator may not operate an amusement ride unless the owner/operator has satisfied and is continuing to satisfy the requirements in subsections (a) - (f) of this section.(b) Insurance. The owner/operator must file with TDI the insurance policy or a photocopy of the insurance policy certifying that the policy is a true copy of the insurance policy provided to the insured as required by Occupations Code Chapter 2151, concerning Regulation of Amusement Rides.(1) Occupations Code §2151.101, concerning Requirements for Operation, requires that any person who operates an amusement ride must have currently in force a combined single limit or split limit insurance policy written by an insurance company authorized to do business in this state or by a surplus lines insurer, as defined by Insurance Code Chapter 981, concerning Surplus Lines Insurance, or have an independently procured policy subject to Insurance Code Chapter 101, concerning Unauthorized Insurance, insuring the owner or operator against liability for injury to persons arising out of use of the amusement ride in an amount of not less than:(A) for Class A amusement rides:(i) $100,000 bodily injury and $50,000 property damage per occurrence with a $300,000 annual aggregate; or(ii) $150,000 per occurrence combined single limit with a $300,000 annual aggregate;(B) for Class B amusement rides, except for Class B motorized train amusement rides:(i) $1,000,000 bodily injury and $500,000 property damage per occurrence; or(ii) $1,500,000 per occurrence combined single limit.(2) Occupations Code §2151.1011, concerning Liability Insurance for Certain Amusement Rides, requires that any person who operates a Class B motorized train amusement ride must have an insurance policy currently in effect written by an insurance company authorized to conduct business in this state or by a surplus lines insurer, as defined by Insurance Code Chapter 981, or have an independently procured policy subject to Insurance Code Chapter 101, insuring the owner or operator against liability for injury to persons arising out of the use of the amusement ride in an amount of not less than $1 million in aggregate for all liability claims occurring in a policy year.(3) A local government may satisfy the insurance requirements prescribed by paragraphs (1) and (2) of this subsection by obtaining liability coverage through an interlocal agreement.(4) The policy or certified photocopy of the policy must be complete, including all applicable coverage forms and endorsements. Certificates of insurance will not be acceptable for this purpose.(5) The policy must contain a schedule listing by name and serial number if applicable to each amusement ride insured by the policy. In the event of additions or deletions of amusement rides during the policy term, such changes must be shown on a change endorsement, a copy of which must be submitted to TDI. Additions will also require an inspection certificate (TDI Form AR-100 (Amusement Ride Certificate of Inspection/Reinspection), revised effective February 2022 ) and a $40 fee for each amusement ride to be submitted to TDI before any operation of the added amusement ride. Additions or deletions must be filed not later than 10 days after the change.(6) In the event of policy cancellation by either the insured owner/operator or the insurance company, the company must furnish notice of cancellation to TDI as soon as possible, but not later than 10 days before the cancellation.(7) The owner/operator will provide to any sponsor, lessor, landowner, or other person responsible for an amusement ride offered for use by the public a photocopy of the inspection certificate and the insurance policy required by this section.(8) If the owner/operator obtains an additional amusement ride device, the ride must be added to the insurance policy and a copy of the endorsement submitted to TDI along with the required inspection certificate (TDI Form AR-100) and the $40 fee before operation in Texas.(c) Inspection/Reinspection Certificate. The owner/operator must also file the original amusement ride inspection certificate (TDI Form AR-100) certifying with respect to each amusement ride the matters required by the Act. A separate inspection certificate is required for each amusement ride that shows the ride's name, serial number, and manufacturer, as well as the inspector's name, the owner/operator, a picture of the ride in an operable state taken at the time of the inspection, and other information as requested. The serial number, name, and description of the amusement ride must coincide with the same information identified on the insurance policy. If major components of the ride (for example, the crane used in a bungee operation) are interchangeable, then the name, serial number, and manufacturer of the inspected component must be included on the inspection certificate. The inspection certificate is valid for a period of one year, and for expedience in processing, it should, if possible, coincide with the effective date of the insurance policy. The inspection must be conducted by the insurer or a person with whom the insurer has contracted. The inspector must provide both the insurer and owner/operator with a written certificate that the inspection has been made and that the amusement ride meets the standards for coverage. (1) The inspection certificate may not be submitted to TDI until all discrepancies have been resolved and all necessary repair(s) or replacement(s) required for the amusement ride to meet the standards for coverage have been made.(2) The inspection required by Occupations Code §2151.101(a) must include a method to test the stress- and wear-related damage of critical parts of a ride that the manufacturer of the amusement ride determines are reasonably subject to failure as the result of stress and wear and could cause injury to a member of the public as a result of a failure. The inspection must include a review of the owner/operator's daily inspection records and inspection and maintenance program in accordance with ASTM practice or the manufacturer's guidelines/inspection criteria. The inspection must be conducted with the amusement ride or device in an operable state and include an evaluation of the device for a minimum of one complete operating cycle.(3) If the amusement ride or device consists of interchangeable major components, such as cranes used in bungee jumping operations, the crane or major component used during the inspection is considered an integral part of the amusement ride and the inspection certificate must include the manufacturer and serial number of the crane or major component inspected with the amusement ride. If the inspected crane or major component is replaced by another unit, a new inspection is required to include the new identification and serial number of the replacement unit.(4) Any bungee jumping amusement device must include a safety net or air bag as an integral part of the ride. The safety net or air bag must be of sufficient size to cover the jump zone. The safety net or air bag must be rated for the maximum free-fall height possible from the jump platform used. If the jump area is over water, the water must be of sufficient depth to provide an adequate safety cushion. The safety net or air bag must be inspected as an integral part of the amusement ride.(5) The inspection certificate must be signed by a representative of the insurer.(6) If the amusement ride or device does not meet the inspection standards, the amusement ride may not be operated until all necessary repair(s) and/or replacement(s) have been made and the ride reinspected and an inspection/reinspection certificate issued.(7) It is the responsibility of the amusement ride owner/operator to complete the following before any operation of the ride: (A) to request the insurer to certify that the insurance policy and the inspection certificate are true copies by an official of the insurer;(B) to receive the completed policy and inspection certificate from the insurer if they elect to provide coverage; and(C) to submit a certified copy of the insurance policy, the original inspection certificate, and the fee to TDI for review. A planning factor of 10 days should be allowed for TDI review and approval before any operation of the ride. Errors of omission or commission on either the policy or inspection certificate may delay TDI approval.(8) Immediately after any injury or death involving equipment failure, structural failure, or operator error, the amusement ride/device must be closed for public use until a new inspection is performed and an inspection/reinspection certificate is submitted to TDI.(9) In addition to the requirements of paragraphs (7) and (8) of this subsection, a mobile amusement ride on which a death occurs may not be operated until the requirements of Occupations Code §2151.1526, concerning Prohibition of Mobile Amusement Ride Operation, are met.(10) In addition to the requirements of this subsection, an amusement ride whose operation has been prohibited by a municipal, county, or state law enforcement official under Occupations Code §2151.152, concerning Other Enforcement Actions, or §2151.1525, concerning Prohibition of Amusement Ride Operation, may not be operated until the requirements of that section are met. Any on-site corrections that are made under the requirements of Occupations Code §2151.1525 must be presented to the appropriate municipal, county, or state law enforcement official.(11) TDI Form AR-100 (Amusement Ride Certificate of Inspection/Reinspection), revised effective February 2022, is adopted by reference and must be used for each filing of an amusement ride inspection certificate required by this section. This form is published by TDI and copies of the form may be obtained from the Inspections Office, MC: PC-INSP, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030, or on TDI's website at www.tdi.texas.gov/forms/formlisting.html.(12) The inspection/reinspection certificate, insurance policy, and fee must be submitted to the Inspections Office for review. If the inspection/reinspection certificate and insurance policy meet the requirements of this subchapter, the certificate will be date-stamped and forwarded to the owner/operator with TDI Form AR-101 (Texas Amusement Ride Compliance Sticker), effective May 2000, and adopted by reference. TDI Form AR-101 will indicate the expiration date of the inspection certificate and must be affixed to a major component of the amusement ride in a location visible to the ride participants.(13) The records of the inspections required by this section will be made available for inspection by any municipal, county, or state law enforcement official at the location where the amusement ride is operated.(d) Insurance Policy and Inspection Certificate Renewal. Renewal of the policy or inspection certificate must be completed with sufficient lead time to provide these documents to TDI with a minimum of 10 working days to review and approve the documents before the expiration of either the policy or the inspection certificate. (1) In the event of policy cancellation or expiration, the policy must promptly be replaced or renewed without any lapse in coverage while the amusement ride is offered for use by the public. Any operation without a valid and current insurance policy and current inspection certificate constitutes an illegal operation and is subject to the enforcement provisions and penalties under Occupations Code §§2151.151, concerning Injunction; 2151.152; 2151.1525; 2151.1526; and 2151.153, concerning Criminal Penalties. The sponsor, lessor, landowner, or other person responsible for an amusement ride offered for use by the public must be notified by the owner/operator of the coverage discontinuance.(2) A renewal certificate of insurance will be acceptable for the purpose of this subsection, if the renewal certificate shows:(A) insurance coverage insuring the owner or operator against liability arising out of the use of the amusement ride/device in an amount of not less than: (i) for Class A amusement rides: (I) $100,000 bodily injury and $50,000 property damage per occurrence with a $300,000 annual aggregate; or(II) $150,000 per occurrence combined single limit with a $300,000 annual aggregate;(ii) for Class B amusement rides, except for Class B motorized train amusement rides:(I) $1,000,000 bodily injury and $500,000 property damage per occurrence; or(II) $1,500,000 per occurrence combined single limit;(iii) for Class B motorized train amusement rides, $1,000,000 in aggregate for all liability claims occurring in a policy year; and(B) a policy term that includes the period of time during which the amusement ride will be offered for public use.(e) Daily Inspections. In addition to the inspection required under this section, the owner/operator who operates a mobile amusement ride must perform and record daily inspections of the mobile amusement ride including safety restraints on each mobile amusement ride. (1) Records of the daily inspections must be available for inspection by any municipal, county, or state law enforcement official at the location where the amusement ride is operated, and the records must be maintained with the amusement ride for a period of one year.(2) The daily inspection record must include an inspection of the following:(A) safety belts, bars, locks, and other passenger restraints;(B) all automatic and manual safety devices;(C) signal systems, brakes, and control devices;(D) safety pins and keys;(E) fencing, guards, barricades, stairways, and ramps;(F) ride structure and moving parts;(G) tightness of bolts and nuts;(H) blocking, support braces, and jackstands;(I) electrical equipment;(J) lubrication as per manufacturer's instructions;(K) hydraulic and/or pneumatic equipment;(L) communication equipment necessary for operation (if applicable);(M) operation of ride prior to opening through one complete cycle of proper functioning; and(N) any other component that is included in the manufacturer's specific ride maintenance and safety checks or current ASTM standards, or that the operator or person performing the daily inspection deems necessary for inspection.(3) TDI adopts and incorporates by reference TDI Form AR-300 (Texas Amusement Ride Safety Inspection and Insurance Act Daily Inspection Record), revised effective May 2022. This form is published by TDI, and copies of the form may be obtained from the Inspections Office, MC: PC-INSP, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030, or on TDI's website at www.tdi.texas.gov/forms/formlisting.html. This form sets forth the inspection requirements of this subsection and also includes the name of the device, location (city, state), date of the inspection, manufacturer and serial number, and owner/operator. The form must be signed by the person performing the daily inspection and the inspector's supervisor.(4) Daily inspection record forms used by industry associations, individual operators, or individual manufacturers may be used to fulfill the requirements of this subsection if the forms contain all of the inspection items and elements set forth in this subsection and the TDI Form AR-300.(5) In addition to the requirements of this subsection, the owner/operator who operates a mobile amusement ride must also follow the manufacturer's specific checklist for specific ride maintenance and safety checks.(f) Schedule of Operations. In addition to the inspection requirements of this section, TDI Form AR-102 (Amusement Ride Schedule of Operations in Texas), revised effective May 2022, which is adopted by reference, must be used to provide a schedule of operating locations and dates for each six-month period for mobile operations. This form is published by TDI, and copies of the form may be obtained from the Inspections Office, MC: PC-INSP, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030, or on TDI's website at www.tdi.texas.gov/forms/formlisting.html. This information must be provided by the owner/operator to the Inspections Office, MC: PC-INSP, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030, a minimum of 10 days before each six-month period. Any changes in the schedule must be submitted on an amended TDI Form AR-102 to TDI by the owner/operator within 10 days of the change.28 Tex. Admin. Code § 5.9004
The provisions of this §5.9004 adopted to be effective November 9, 1984, 9 TexReg 5543; amended to be effective February 24, 1989, 14 TexReg 793; amended to be effective September 29, 1993, 18 TexReg 6315; amended to be effective May 4, 2000, 25 TexReg 3787; amended to be effective November 3, 2005, 30 TexReg 7049; amended to be effective March 6, 2008, 33 TexReg 1815; Amended by Texas Register, Volume 49, Number 43, October 25, 2024, TexReg 8587, eff. 11/3/2024