Struck = removed from the bill ยท
added = the amendment's new text.
HB352CV9BJQ-1 ENROLLED: CYILWW-3 By Representative Baker RFD:
Public4/26/2023 Safety: and Homeland Security First Read:
20-Apr-23THR 2023AMENDMENT RegularTO SessionHB352 Page3RD 0PUBLIC SAFETY AND HOMELAND SECURITY AMENDMENT TO HB352 EnrolledOFFERED Enrolled,BY AnREPRESENTATIVE Act,BAKER 32 Relating4 toReplace amusementline rides43 andon waterpage slides;2 with the following:
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Section 1.
Unless inconsistent with any other provision of this act, the following ASTM International standards are adopted by reference:
(1) F770-22, Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices.
(2) F2376-22, Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems.
(3) F747-22, Standard Terminology Relating to Amusement Rides and Devices.
Section 2.
For the purposes of this act, the following terms have the following meanings:
(1) AMUSEMENT RIDE.
A device or combination of devices or elements that carry, convey, or direct an individual over or through a fixed or restricted course or within a defined area for the primary purpose of amusement or entertainment, including, but not limited to, amusement railway rides, circular rides, concession go karts, flat rides, high rides, inflatable amusement devices, and kiddie rides as defined in ASTM F747-22.
Amusement rides shall not include aerial trekking courses, canopy tours, challenge courses, fun karts, Page 1 HB352 Enrolled race karts, ropes courses, trampoline courts, or zip lines as defined in ASTM F747-22.
Further, amusement rides shall not include coin-operated amusement rides, courses or facilities that include whitewater rafting, paddling, climbing, bouldering, or biking, or nonmechanized playground equipment.
(2) COIN-OPERATED AMUSEMENT RIDE.
A single passenger coin-operated ride that is manually, mechanically, or electrically operated, customarily placed in a public location, and does not normally require the supervision of an operator.
(3) INFLATABLE AMUSEMENT DEVICE.
An amusement ride or device designed for uses including, but not limited to, bouncing, climbing, sliding, or interactive play, made of flexible fabric, kept inflated by continuous air flow provided by one or more blowers, and reliant upon air pressure to maintain its shape.
The term does not include mobile devices that are offered for rent or sale to the general public.
(4) NONMECHANIZED PLAYGROUND EQUIPMENT.
Swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, playground slides, physical fitness devices, and other similar items.
(5) OPERATOR.
An individual in direct control of the starting, stopping, or speed of an amusement ride.
(6) OWNER.
The individual, organization, or business entity responsible for the maintenance and operation of an amusement ride or water slide.
(7) QUALIFIED INSPECTOR.
A professional engineer or inspector who is not employed by the owner and holds at a Page 2 HB352 Enrolled minimum a level 1 inspector certification from Amusement Industry Manufacturers and Suppliers International (AIMS International) or the National Association of Amusement Ride Safety Officials.
(8) WATER SLIDE.
A ride intended for use by riders in bathing attire where the action of the ride involves possible or purposeful immersion of the rider's body in water, either in whole or in part, and which uses circulating water to mobilize or lubricate the rider's transportation along a pre-built path.
A water slide includes slides used with or without vehicles, but does not include water slides installed at private residences, water flume amusement rides, log flume rides, lazy river-type attractions operating at a constant elevation and constructed in the ground, courses or facilities that include whitewater rafting or paddling, or slides where the change in elevation from the beginning to the end of the slide is less than fifteen feet.
Section 3.
(a) All amusement rides and water slides shall be inspected by a qualified inspector at least once every 12 months, measured from the date of issuance of the immediately preceding inspection certificate.
(b) Upon completion of a satisfactory inspection, a qualified inspector shall issue an inspection certificate to the owner of the amusement ride or water slide certifying that, in the qualified inspector's reasonable judgment, the amusement ride or water slide substantially complies with all statutorily required ASTM standards and is reasonably safe for public use.
Page 3 HB352 Enrolled (c) No patron may be admitted to an amusement ride or water slide that has undergone a major modification until the amusement ride or water slide receives a new inspection certificate from a qualified inspector.
(d)(1) No amusement ride or water slide may be operated for the public if the amusement ride or water slide has not received an inspection certificate from a qualified inspector.
(2) If, using his or her reasonable judgment, a qualified inspector determines that an amusement ride or water slide is not reasonably safe for public use, the qualified 95 inspector shall immediately notify the amusement ride or water slide's owner of any unsafe condition.
(3) A qualified inspector shall not issue an inspection certificate for an unsafe amusement ride or water slide until the unsafe condition has been rectified to the satisfaction of the qualified inspector.
(e) Inspection fees shall be determined by each qualified inspector and paid by the owner of the amusement ride or water slide.
(f) In addition to the inspections by qualified inspectors required by this act, the owner of an amusement ride shall ensure that, at minimum, a daily pre-opening inspection is conducted on each amusement ride and water slide in accordance with the pre-opening inspection requirements of ASTM F770-22, ASTM F1193-22 Section 6, or ASTM F2376-22.
(g) Owners shall keep records of all inspections by qualified inspectors and pre-opening inspections for at least three years from the creation of each record.
Page 4 HB352 Enrolled Section 4.
An owner of an amusement ride or water slide shall maintain, at all times during which the amusement ride or water slide is in operation for the public, liability insurance with an insurer authorized or approved to write such insurance in this state on the operation of the amusement ride or water slide providing coverage, subject to a limit, exclusive of interest and costs, of not less than one million dollars ($1,000,000) for bodily injury or death of one individual in each occurrence, and, subject to such limit for one individual, to a limit of not less than one million dollars ($1,000,000) for bodily injury or death of two or more individuals in each occurrence.
Section 5.
(a) Patrons of an amusement ride or water slide shall do all of the following:
(1) Obey all posted signs, including, but not limited to, warning signs, instruction signs, and direction signs, pertaining to the amusement ride or water slide.
(2) Obey all verbal instructions from operators.
(3) Properly use all safety equipment on the amusement ride or water slide in accordance with the instructions of operators and posted signs.
(b) Patrons of an amusement ride or water slide may not do any of the following:
(1) Act in any manner that may cause or contribute to injury to self or others.
(2) Interfere with the operation of the amusement ride or water slide.
(3) Fail to engage any provided safety devices.
Page 5 HB352 Enrolled (4) Disconnect or disable a safety device, except at the express instruction of an operator.
(5) Extend arms or legs beyond the carrier or seating area, except at the express instruction of an operator.
(6) Throw, drop, or expel any object from or toward an amusement ride or water slide.
(7) Enter or exit an amusement ride or water slide, except at the designated time and area, at the express direction of an operator, or in an emergency.
(8) Unreasonably control the speed or direction of himself or herself if the amusement ride or water slide requires the patron to control or direct himself or herself.
(9) Ride any amusement ride or water slide while under the influence of alcohol or any other intoxicating substance.
(c) Any patron who violates the provisions of this section shall be subject to immediate removal from the amusement facility without the refund of any admission charge.
Section 6.
This act shall not apply to sheriffs, recreational vehicle parks, as defined in Section 35-15-30, Code of Alabama 1975, governmental entities, or summer camps.
For the purposes of this act, "summer camps" include facilities providing lodging, meals, and educational and recreational opportunities, primarily for the benefit of children, students, and nonprofit organizations, and not members of the general public.
For purposes of this act, "governmental entities" shall mean the state or any political subdivision thereof, or any department, agency, board, commission, or authority of the state, or any such political Page 6 HB352 Enrolled subdivision, or any public corporation, authority, agency, board, commission, state colleges, or universities, or other governmental entity controlled by the state or any such political subdivisions.
This definition shall be inclusive of both the singular and plural form of this term.
Section 7.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Page 7 HB352 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 02-May-23, as amended.
John Treadwell Clerk Senate 16-May-23 Passed Page 8