§ 3-402. Inspections and investigations  


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  •    (a) Duty of Commissioner to inspect. -- The Commissioner shall inspect:

       (1) annually, each amusement attraction at an amusement park;

       (2) annually, each inflatable amusement attraction in which, while in contact with the attraction, an individual is 4 feet or more above the ground;

       (3) except for an inflatable amusement attraction, each amusement attraction, if moved, before it begins operation at another location; and

       (4) each new or modified amusement attraction before it begins public operation.

    (b) Notice to Commissioner. --

       (1) An amusement owner shall notify the Commissioner before operating an amusement attraction that is new, modified, or reconstructed.

       (2) An owner or lessee of a carnival or fair shall:

          (i) notify the Commissioner in writing at least 30 days before opening the carnival or fair at each location; and

          (ii) give the Commissioner immediate notice of a change in the schedule of locations or dates if the schedule changes after notification.

    (c) Issuance. -- The Commissioner shall issue to an amusement owner a certificate of inspection for each amusement attraction at a carnival, fair, or amusement park if:

       (1) after inspection the Commissioner finds that the amusement attraction complies with this title and the regulations adopted under it; and

       (2) the amusement owner submits to the Commissioner a certificate of insurance for the amusement attraction as required by § 3-403 of this subtitle.

    (d) Term. --

       (1) A certificate of inspection for an amusement attraction at an amusement park expires not more than 1 year after the date of issuance.

       (2) A certificate of inspection for an amusement attraction at a fair or carnival expires not more than 30 days after the date of issuance.

       (3) A certificate of inspection for an inflatable amusement attraction in which, while in contact with the attraction, an individual is 4 feet or more above the ground expires not more than 1 year after the date of issuance.

    (e) Display of certificates. -- The certificate of inspection shall be posted in plain view on the amusement attraction.

    (f) Accidents and complaints. -- On information or notification of an accident or complaint that involves an amusement attraction, the Commissioner shall investigate the accident or complaint and inspect the amusement attraction.


HISTORY: An. Code 1957, art. 89, § 65, 68, 72, 78; 1992, ch. 4, § 2; 2009, ch. 21; 2012, ch. 48.