4 Pa. Stat. § 407

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 407 - Inspections
(a) Inspection of devices.--The selected owner or lessee shall have inspected by a qualified inspector:
(1) Any amusement park ride and attraction on a monthly basis.
(2) Any fair and carnival amusement ride and attraction before its operation at each new location.
(3) Any new or modified amusement ride and attraction before its public operation commences.
(b) Owner or lessee.--An owner or lessee of a new, modified or reconstructed amusement ride or attraction shall notify the department before beginning operation.
(c) Inspection affidavits.--If an inspection discloses that an amusement ride or attraction complies with all relevant provisions of the act and the adopted standards and regulations, the owner or lessee shall file with the department a written affidavit, affirmed by the qualified inspector, that the inspection of said ride or attraction was conducted and that said ride is in compliance with subsection (a) and the adopted standards and regulations. The affidavit shall be filed within 48 hours of the inspection of said ride or attraction and shall be filed by mail.
(d) Serious injury or death.--When a serious injury, death or fire occurs as a result of the operation of an amusement ride or attraction, the operator shall immediately close the attraction or ride until it has been inspected, repaired and declared safe for operation by a qualified inspector. However, in the event of a death, the ride or attraction may not be reopened until declared safe by the insurance company of the operator.
(e) Stop-use order.--Notwithstanding any other provision of this act, the secretary or his duly authorized agent is authorized to issue and enforce a written stop-use order to the owner, lessee or operator of any amusement ride, attraction or new amusement ride or attraction who is operating or using the ride without having complied with or in violation of this act if the secretary or his duly authorized agent deems it necessary for the safety and protection of the citizens of the Commonwealth. A stop-use order shall order the owner, lessee or operator to immediately cease and desist the operation or use of an amusement ride, amusement attraction or new amusement ride or attraction. The order shall remain effective until the secretary or his duly authorized agent has determined that the violation has been remedied or until the order has been stayed or overturned by the court as provided by law and this act. It shall be unlawful to and no person shall operate or use an amusement ride, amusement attraction or new amusement ride or attraction contrary to and in violation of a stop-use order issued under this section.

4 P.S. § 407

1984, June 18, P.L. 384, No. 81, § 7, effective 1/1/1985. Amended 1992, Nov. 24, P.L. 715, No. 107, § 4, imd. effective.