Ohio Administrative Code|Rule 901:9-1-01 | Amusement ride or device permit.

                                                

(A) No person shall operate an amusement
ride, as defined in section 1711.50 of the Revised Code, without a permit
issued pursuant section 1711.53 of the Revised Code and this rule.

(B) Issuance.

(1) The department shall
only issue a permit in the name of the applicant if the following conditions
are met:

(a) The department has received a completed application and the
appropriate permit and inspections fees as outlined in paragraph (D) of this
rule.

(b) The department has received proof of insurance as outlined in
paragraph (E) of this rule.

(c) The department has received the applicant's yearly
itinerary in accordance with paragraph (F) of this rule, if
applicable.

(d) The rides for which the owner is permitting have been
inspected in accordance with paragraph (G) of this rule.

(e) The applicant does not have unpaid civil penalties, fees,
fines, or other unpaid monies that have been assessed and are outstanding and
owed to the department.

(2) The department shall
within thirty days of receiving an application for an amusement ride or device
permit shall decide whether or not to issue a permit. If the owner fails to
meet the requirements for a permit, the department will inform the owner in
writing that the permit is being denied. In the event of a denial, the owner
shall be afforded a hearing in accordance with Chapter 119. of the Revised
Code.

(C) Term and transfer.

(1) All permits for amusement rides,
except for inflatable rides, shall expire on the thirty-first day of December
following the date of issue.

(2) All permits for
inflatable rides shall be issued on a twelve-month basis and shall expire on
the three hundred sixty-fifth day after issuance. In the case of a leap year,
the permit shall expire on the three hundred sixty-sixth day after
issuance.

(3) In the event that a
ride is sold, leased, or transferred to a new owner during the period that the
permit is in effect, the new owner shall be responsible for obtaining a new
permit in the new owner's name.

(D) Application.

(1) At least thirty days
prior to the operation of any amusement ride or device, the owner shall submit
to the director all of the following for all rides that the owner intends to
operate in Ohio:

(a) A completed application for all rides the owner wishes to
permit. Applications may be found on the department's website
www.agri.ohio.gov;

(b) The permit fee, as outlined in section 1711.53 of the Revised
Code; and

(c) The appropriate initial inspection fees:

(i) For inflatable rides,
the annual inspection and reinspection fee shall be one hundred four
dollars.

(ii) For all other rides,
the annual inspection and reinspection fee shall be in accordance with division
(E)(1) of section 1711.53 of the Revised Code.

(d) A list of all locations and dates where the portable
ride was either stored for a period longer than thirty days or operated outside
of the state of Ohio. Owners of portable rides shall submit these records for
the following periods of time:

(i) Effective January 1, 2021: submit to the
department the locations and dates as described in paragraph (D)(1)(d) of this
rule that took place between January 1, 2020 and December 31,
2020.

(ii) Effective January 1, 2022: submit to
the department the locations and dates as described in paragraph (D)(1)(d) of
this rule that took place between January 1, 2021 and December 31,
2021.

(iii) Effective January 1, 2023: submit to
the department the locations and dates as described in paragraph (D)(1)(d) of
this rule that took place during the last three years.

(2) Upon review of the
information provided in paragraphs (D)(1)(d)(i) to (D)(1)(d)(iii) of this rule,
the department may require additional testing, inspections, and documentation
to be completed prior to issuing a permit.

(3) All coin-operated rides located at a
specific park or with a given show may be included on a single permit
application.

(E) Insurance.

(1) Each owner is
required to have insurance coverage and provide proof of such coverage to the
department.

(2) Acceptable forms of
proof of insurance are:

(a) A copy of the executed policy;

(b) A certified statement issued by the insurer attesting to the
requirements set forth in section 1711.54 of the Revised Code; or

(c) Other evidence which is deemed satisfactory to the
director.

(3) Proof of insurance
shall include the amount and duration of the coverage and either:

(a) A listing of the rides and devices covered by manufacturer,
make and model number, and either a serial number or unique identifying number;
or

(b) A statement to the effect that all rides or devices operated
under the control of the insured are covered. In this case, any and all
exclusions from the coverage must be explicitly documented by the insurance
company.

(F) Itinerary.

(1) All owners of
portable amusement rides shall submit with their ride permit application their
yearly itinerary as known.

(2) The itinerary shall
include:

(a) The dates of operation with opening time;

(b) The date and time the operator will be ready for
inspection;

(c) The location of operation, including street and address when
within an incorporated or unincorporated city or village;

(d) The local contact information, if available;

(e) The approximate number of adult and kiddie rides which shall
be operated; and

(f) The number of adult and kiddie rides which have not yet been
licensed in the current calendar year.

(3) The permit holder
shall report to the amusement ride safety division any changes, additions, or
deletions to the itinerary at least ten days prior to the date the changes,
additions, or deletions are scheduled to occur. Failure to report these changes
to the amusement ride safety division prior to the ten day restriction is a
violation of this rule.

(G) Initial inspection.

(1) All rides must be
completely assembled and operational prior to the initial
inspection.

(2) The ride shall pass inspection when
it has been determined by the department that it meets all applicable laws and
rules.

(3) Any new permanent rides or those with
major modifications must comply with the Ohio basic building code permit
requirements.

(H) Midseason operational inspection.

(1) All rides must be
completely assembled and operational prior to the midseason operational
inspection.

(2) The midseason
operational inspection may be conducted any time during the operating season.
The midseason operational inspection may be, but is not required to be,
conducted on any amusement ride which operates in Ohio less than fifteen days
per calendar year.

(3) Midseason operational
inspections shall consist of, but not be limited to, review of operation,
maintenance and safety procedures and all necessary record keeping in order to
satisfactorily determine that the owner is in compliance with department
regulations.

(4) All midseason
operational inspections shall be recorded on a form developed by the
department, and a copy shall be given to the owner after completion by the
inspector.

(I) Safety inspection.

To assure continued safety of all amusement rides
or devices licensed under section 1711.53 of the Revised Code periodic safety
inspections may be conducted at various times throughout the term of the
permit. These inspections are in addition to both the initial and midseason
operational inspection and are provided to the owner at no cost. Any violations
that are discovered during these inspections shall be enforced in the same
manner of those violations discovered in the initial and midseason
inspections.

(J) Plate and decal.

Accompanying such permit shall be a decal with a
unique number corresponding to the unique number noted on the permit. In
addition to the decal referred to in this rule, the department shall issue a
permanent identification plate for all permitted rides. Such plate shall be
permanently attached to the ride as part of the licensing procedures. On all
annually licensed rides, the decal shall be affixed to the permanent
plate.

(K) Rides or conveyances not subject to a permit.

Rides or conveyances not subject to a permit or
inspection include, but are not limited to, the following:

(1) Canoe livery
rides,

(2) Riding
stables;

(3) Hay
rides;

(4) Untethered balloon
rides;

(5) Pressure boilers used
for locomotion on train or trolley rides used in the portable or permanent
amusement industry;

(6) Spa-type fitness
devices;

(7) Hand-held animal
rides;

(8) Airplane or
helicopter flights, and

(9) Single or multiple
passenger coin-operated rides customarily found in public locations outside the
amusement industry.

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