Policy Analysis | February 2016
How do states handle inspection of amusement park rides, both traveling and permanent?
Federal background. The United States Consumer Product Safety Commission (CPSC) has regulatory oversight of traveling or portable amusement rides, such as those at carnivals, as well as inflatables and go-karts, but not permanent amusement rides, such as those at amusement parks, as they are not considered a consumer product. The CPSC serves as an information clearinghouse for state officials and assists state legislative efforts, particularly for traveling rides. It also tracks injury statistics and publishes a directory of state officials with oversight of amusement ride inspections.
States. Most states regulate amusement ride inspections, with the exception of Alabama, Mississippi, Nevada, South Dakota, Wyoming and Utah.
|Alabama||§ 40-12-47 (permanent) |
§ 40-12-163 (traveling)
|Department of Revenue||Locally determined|
|Arkansas||§ 23-89-501||Department of Labor, Occupational Safety and Health, Division of Amusement Ride Inspection||Biannual inspection (permanent) |
Inspection on set-up, some required biannual inspections (traveling)
|Florida||§ 616.242||Department of Agriculture Bureau of Fair Ride Inspections||Semiannual inspection (permanent) |
Inspection on set-up (traveling)
|Georgia||§ 25-15-56 (permanent) |
§ 25-15-83 (traveling)
|Safety Fire Commissioner||Annual inspections by licensed private inspectors|
|Kentucky||§ 247.234 |
§ 247.235 (traveling)
|Department of Agriculture, Division of Regulation and Inspection||Annual inspections, inspection pre-opening|
|Louisiana||§ 1484.4||Department of Public Safety and Corrections, Office of the State Fire Marshal||Annual inspections, inspection on set-up|
|Mississippi||N/A||Locally determined||Locally determined|
|Missouri||§ 316.210||Department of Public Safety, Division of Fire Safety, Office of the State Fire Marshal||Annual inspections, spot inspections|
|North Carolina||§ 95-111.5||Department of Labor, Elevator and Amusement Device Bureau||Annual inspections, inspections pre-opening|
|Oklahoma||40 O.S. § 462||Department of Labor, Safety Standards Division||Annual inspections, inspections on set-up, spot inspections|
|South Carolina||§ 41-18-80||Department of Labor, Licensing and Regulation||Annual inspections, inspection pre-opening|
|Tennessee||§ 68-121-120||Department of Labor and Workforce Development, Division of Amusement Devices, Boiler and Elevator Safety||Annual inspections, spot inspections|
|Texas||O.C. § 2151||Department of Insurance Loss Control Regulation||Annual inspections|
|Virginia||§ 36-98.3||Department of Housing and Community Development||Inspections on set-up, inspection upon major modification, semi-annual inspections based on operating season|
|West Virginia||§ 21-10-6||Division of Labor, Safety Section||Annual inspection, inspection pre-opening (permanent) |
Annual inspection, inspections on set-up (traveling)
Recent Developments. The North Carolina Department of Labor, Elevator and Amusement Device Bureau, inspects amusement rides and devices in accordance with the Amusement Device Safety Act of North Carolina. Last year, North Carolina Governor Pat McCrory signed H39 into law, increasing civil penalties for illegal operation of amusement devices and rides, and knowing permission of illegal ride operation. It also called for the study of zip line operations. The Department of Labor issued its report on zip lines on February 5, 2016, distinguishing zip lines from amusement rides based on their active rather than passive participation, and recommending against new regulations.
*applies to both permanent and traveling unless otherwise noted †