Or. Admin. R. 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.
Notes
Stat. Auth.: ORS 460.355
Stats. Implemented: ORS 460.330 & 455.058
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