Utah Admin. Code 920-60-8

Current through Bulletin 2024-23, December 1, 2024
Section R920-60-8 - Qualified Safety Inspector Requirements
(1) Certification Requirements. To obtain a qualified safety inspector certification from the director, the applicant shall submit an application and fee as established by the committee that must include the following information that demonstrates the applicant:
(a) is a professional engineer, licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, or an engineer with a comparable license from another state as determined by the committee; and has at least three years of experience in the amusement ride industry, at least two of which include actual inspection of amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; or
(b) has at least three years of experience inspecting amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; and has obtained and maintains at least a current Level II NAARSO, Level II AIMS international certification, or an ACCT Level II Professional Inspector, which shall only be accepted for zip line inspections; or
(c) has at least three years of experience inspecting amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; and is a member of and actively participates in an entity that develops standards applicable to the operation of amusement rides and:
(i) is employed by an amusement park that employs more than 1,000 individuals in a calendar year; or
(ii) the individual is an employee or authorized agent of an insurance company.
(2) The director may deny, suspend, or revoke a qualified safety inspector certification if an individual fails to satisfy a requirement of this rule.
(3) A qualified safety inspector shall pay the following Registration Fees:
(a) initial application fee: $50.00; or
(b) renewal fee, every two years: $40.00.
(4) A qualified safety inspector shall:
(a) maintain insurance in not less than the following minimum amounts:
(i) $1,000,000 bodily injury;
(ii) $250,000 property damage; and
(iii) $2,000,000 aggregate; and
(b) maintain proof of insurance and make the documentation available to the director upon request.
(5) Certification Renewal. To obtain a renewal of a qualified safety inspector certification, a qualified safety inspector shall submit to the director a fee established by the committee and a renewal application that demonstrates that the qualified safety inspector:
(a) satisfies the requirements described in Subsection 1 of this section; and
(b) during the previous two-year period, completed at least 12 hours of continuing education instruction provided by:
(i) a nationally recognized amusement industry organization;
(ii) a nationally recognized organization in a relevant technical field;
(iii) an owner-operator, through an owner-operator-run safety program approved by the committee; or
(iv) an amusement park that employs more than 1,000 individuals in a calendar year.
(6) Certification Issuance. The director shall issue a qualified safety inspector certification to each individual who submits an application or a renewal application in a form prescribed by the director and complies with the requirements of this section and any applicable rules and fees.
(7) Certification expiration. A qualified safety inspector certification expires two years after the day on which the director issues the qualified inspector certification.
(8) Suspension or Revocation of Certification. Notification of Suspension. The director shall notify a qualified safety inspector of the suspension of a certification. The director may suspend the certification of a qualified safety inspector with intent to revoke for the following reasons:
(a) The qualified safety inspector has been convicted of or entered a plea of guilty or no contest to a crime related to the performance of amusement ride safety inspections in any court in the United States.
(b) The qualified safety inspector to conduct constituting a crime related to the performance of an amusement ride safety inspection.
(c) The qualified safety inspector has falsified information or submitted a deceptive or fraudulent statement or document connected with certification as a qualified safety inspector or inspection of an amusement ride.
(d) The qualified safety inspector has demonstrated willful wrongdoing that reflects a lack of integrity in certification as a qualified safety inspector or Inspection of an amusement ride.
(e) The qualified safety inspector has been suspended as a qualified safety inspector in another state.
(f) The qualified safety inspector has performed previous or current work in an unsatisfactory manner as determined by the director.
(g) Failure of the qualified safety inspector to observe the owner or operator of an amusement ride facility's safety practices and policies.
(h) The director reasonably believes and finds that the public health, welfare, or safety requires suspension.
(9) The qualified safety inspector may not perform inspections of amusement rides during a suspension of their certification.
(10) Right to Appeal. Upon notification of suspension, the qualified safety inspector has 30 days to appeal to the director. The director will promptly schedule a hearing with the Amusement Ride Safety Committee to hear the appeal. The committee may choose to uphold the suspension and revoke the certificate or return the qualified safety inspector to good standing. The committee shall determine the length of the revocation and notify the qualified safety inspector in writing. If the qualified safety inspector chooses not to appeal within the stated time frame, the director may issue the certificate's written revocation.

Utah Admin. Code R920-60-8

Adopted by Utah State Bulletin Number 2021-07, effective 3/19/2021
Amended by Utah State Bulletin Number 2023-06, effective 3/7/2023