You want to know about the inflatable amusement ride law as it pertains to licensing, inspections, and exemptions.

SUMMARY

The law governing inflatable amusement ride inspection and licensing is unclear. Among the reasons for this is that the law does not refer to inflatable amusement rides, except to exempt those leased for residential use from the definition of amusement and therefore from regulation.

Based on information provided by the State Fire Marshal's Office, which regulates amusement rides, inflatable amusement rides are subject to two types of inspection as a condition of being licensed by the Department of Public Safety (DPS). Like all other amusement rides in the state, these rides must pass a safety inspection conducted at least once every calendar year by a qualified inspector or engineer approved by DPS. DPS has approved approximately 15 inspectors. They set their own fees.

When an amusement (open-air circus or carnival) operator applies to DPS for the required amusement operating license, any inflatable ride that the operator intends to use must pass a DPS safety inspection, according to the state fire marshal. This is in addition to the annual inspection. The DPS license fee, including the safety inspection, is $ 50. The operator must apply for the license and pay this fee anytime he or she sets up an amusement.

According to the State Fire Marshal's Office, its regulations governing inflatable amusement rides will be ready by August.

ENGINEER ANNUAL INSPECTIONS

The law requires all amusement rides in the state to be inspected at least once in each calendar year by a DPS-approved qualified inspector or civil engineer as a condition of licensing. By law, the inspectors must inspect the rides and certify them as reasonably safe for public use (CGS § 29-132). The DPS commissioner must determine a reasonable inspection fee. In practice, DPS has left it up to inspectors to set the fees.

This inspection requirement is found in CGS § 29-132 among statutes that deal with amusement parks, and not amusements, which are covered under CGS §§ 29-133 to 29-142. Nonetheless, the requirement applies to all amusement rides, irrespective of the type of ride or its location, according to the state fire marshal. Operators may appeal inspectors' decisions to the DPS commissioner.

The State Fire Marshal's Office has approved approximately 15 inspectors to conduct the required safety inspections.

PUBLIC ACT 06-42 AND DPS LICENSING AND INSPECTION

This act, which took effect October 1, 2006, expanded the types of amusement rides subject to DPS licensing and regulation, by broadening the definition of amusement.

Prior law defined an “amusement” as an open-air circus or carnival, including any place where mechanical rides or devices capable of holding more than four people are presented for amusement or entertainment. The 2006 act broadened the definition to include all passenger rides (mechanical and nonmechanical) normally requiring an operator's supervision and eliminated the mechanical standard and minimum passenger requirement. It exempts inflatable amusement rides leased for private residential use. It allows the DPS commissioner to allow variations or approve alternative compliance if (1) strict compliance would cause exceptional practical difficulty or undue hardship and (2) the variation or alternative compliance will, in the commissioner's opinion, secure the public safety.

By removing the mechanical standard from the amusement definition, the act extended the amusement ride law's applicability to inflatable devices. But it did not make conforming changes to reflect the broadened definition. For example, the law requires DPS to conduct a safety inspection as a condition of licensing amusements. It specifically requires DPS to inspect mechanical rides, but it does not specifically require inspection of nonmechanical rides, including inflatables (CGS § 29-136). Even though the law does not specifically reference inflatable rides, the inspection requirement applies to them, according to the state fire marshal, because the State Fire Marshal's office must “inspect [the amusement] in full,” as a condition of licensing.

AMUSEMENT PARKS AND AMUSEMENTS

By law, amusement parks (e. g. , Lake Compounce) and amusements (open-air circuses and carnivals, which typically set up operations in different venues) must be licensed annually by DPS.

The amusement park license fee is $ 35 (CGS § 29-130). According to the State Fire Marshal's Office, this is a per ride fee. Thus, if the park has 10 rides, the fee is $ 350.

The annual amusement license fee is $ 50 (CGS § 29-134). But in practice, any time an owner or operator sets up an amusement, he or she must apply for a license and pay the $ 50 fee to DPS, according to the state fire marshal. For example, if an operator sets up an amusement at five different venues over the course of a weekend (e. g. , for graduation parties), he or she must pay a total of $ 250 in licensing fees.

VR: ro