TITLE 16

Health and Safety

Safety

CHAPTER 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT


This chapter may be cited as the Amusement Ride Safety Inspection and Insurance Act.

64 Del. Laws, c. 409, § 1.;

As used in this chapter:

(1) "Amusement ride'' means any mechanical device or devices that carry or convey passengers along, around or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure or excitement, but such term does not include:

a. Any single-passenger coin-operated ride that is manually, mechanically or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator; or

b. Nonmechanized playground equipment, including but not limited to swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines and physical fitness devices.

(2) "Office'' means the Office of the State Fire Marshal.

64 Del. Laws, c. 409, § 1.;

The Fire Marshal shall administer and enforce this chapter. The Fire Marshal shall establish reasonable and necessary fees in an amount not to exceed $20 per year for each amusement ride covered by this chapter; provided, however, no owner shall have to pay a fee in excess of $100. Funds raised through said fees shall be deposited in the State Treasury and shall be credited to the account of the Fire Marshal for administration of this chapter.

64 Del. Laws, c. 409, § 1.;

A person may not operate an amusement ride unless the person:

(1) Has the amusement ride inspected at least once annually for safety by an insurer or a person with whom the insurer has contracted and obtains from that insurer or person a written certificate that the inspection has been made and that the amusement ride meets the standards for coverage and is covered by the insurance required by subdivision (2) of this section;

(2) Has an insurance policy currently in force written by an insurance company authorized to do business in this State, a surplus lines insurer, as defined by Chapter 19 of Title 18, or an independently procured policy in an amount of not less than $1,000,000 per occurrence insuring the owner or operator against liability for injury to persons arising out of the use of the amusement ride; and

(3) Files with the Fire Marshal in the manner required by this chapter, the inspection certificate and the insurance policy required by this section or a photocopy of such a certificate or policy authorized by the Fire Marshal.

64 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 186, § 1.;

(a) A person operating a bungee jump for use by paying customers shall file with the office of the State Fire Marshal, in the manner required by this chapter, the inspection certificate and insurance policy required by this section, or a photocopy of such a certificate or policy authorized by the Fire Marshal.

(b) Any person operating a bungee jump for use by paying customers which has been registered with the Fire Marshal shall be periodically inspected by a representative of the office of the State Fire Marshal.

(c) The State Fire Prevention Commission shall promulgate regulations relating to safety standards for the operation of commercial bungee jumps.

68 Del. Laws, c. 448, § 1; 77 Del. Laws, c. 444, § 1.;

The documents required by subdivision (3) of § 6404 of this title must be filed with the Fire Marshal before June of each year, but if the amusement ride is inspected under subdivision (1) of § 6404 more than once a year, the inspection certificate must be filed not later than 15 days after each inspection and the insurance policy must be filed before June of each year.

64 Del. Laws, c. 409, § 1.;

The Fire Marshal may request from the sponsor, lessor, landowner or other person responsible for an amusement ride being offered for use by the public, information concerning whether or not insurance in the amount required by this chapter is in effect on the amusement ride. The sponsor, lessor, landowner or other person to whom the information request is made shall respond to the Fire Marshal within 15 days after the request is made.

64 Del. Laws, c. 409, § 1.;

The owner or operator of an amusement ride may deny entry to the ride to any person if in the owner's or operator's opinion the entry may jeopardize the safety of the person who desires to enter or the safety of other patrons of the amusement ride.

64 Del. Laws, c. 409, § 1.;

The Attorney General, on request of the Fire Marshal or 1 of the Fire Marshal's deputies, may seek an injunction against any person operating an amusement ride, including bungee jumps, in violation of this chapter, the State Fire Prevention Commission's regulations, or which are otherwise deemed by the Fire Marshal to present an imminent risk to public health and safety including, but not limited to, the risk to public health and safety posed by the interruption of traffic flow.

64 Del. Laws, c. 409, § 1; 68 Del. Laws, c. 448, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 444, § 2.;

(a) A person commits an offense if the person fails to comply with any requirement under § 6404 or § 6405 of this title.

(b) A sponsor, lessor, landowner or other person responsible for an amusement ride being offered for use by the public commits an offense if the person fails to provide the required information or provides false information under § 6406 of this title.

(c) An offense under this chapter is a class C misdemeanor.

(d) Each day a violation of this chapter is committed constitutes a separate offense.

64 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 186, § 1.;