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Amusement Device Compliance

“Play it Safe”Kevin Klutts, Safety Compliance Officer, 02/26/2018

Amusement Device Unit (ADU)

5 Staff Members 1 Manager 3 Safety Compliance Officers

• West• Central (Middle)• East

1 Administrative Support Personnel

Amusement Device Unit

ADU Safety Compliance Officer Regional Territories

Bedford

Benton

Bledsoe

Blount

Cannon

Carroll

CarterCheatham

Chester

ClaiborneClay

Cocke

Coffee

Crockett

CumberlandDeKalb

Dickson

Dyer

Fayette

Fentress

Franklin

Gibson

Giles

GraingerGreene

Grundy

Hancock

HardemanHardin

Hawkins

Haywood

Henderson

Henry

Hickman

Houston

Humphreys

Jackson

Jefferson

Lake

Lawrence

Lincoln

McNairy

Macon

Madison

Marion

Marshall

Maury

Monroe

Montgomery

Moore

Morgan

Obion Overton

Perry

Pickett

Polk

Putnam

Roane

Robertson

Rutherford

Scott

Sequatchie

Sevier

Shelby

Smith

StewartSullivan

Sumner

Tipton

Trousdale

Union

Van Buren

Warren

WashingtonWeakley

White

WilsonHamblen

Wayne

Lewis

Williamson

Davidson

Hamilton

Bradley

McMinn

Loudon

Knox

Campbell

Anderson

AMUSEMENT DEVICE UNIT’S MISSION

Educate owners/operators and the general public by raising awareness of the Amusement Device Law and statutory compliance requirements

Encourage fair competition and attempt to level the playing field

Ensure annual inspections are timely performed, companies have adequate insurance, inspectors are qualified to perform inspections, inspection reports indicate amusement devices meet industry standards

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PROGRAM HISTORY

The Amusement Device Law was passed March 27, 2008 and became effective January 1, 2009

Administrative process created February 2015

PROGRAM FACTS

FY13/14 – 54 permits issued FY14/15 – 104 permits issued FY15/16 – 250 permits issued FY16/17 – 348 permits issued FY17/18 – 408 permits issued FY18/19 - 247 permits issued (as of 02/19/2019)

AMUSEMENT DEVICE LAW’S PURPOSE

Promote public safety and prevent serious preventable injuries or death

Adopt safety regulations and provide an effective enforcement and compliance program

Provide accident reporting requirements and provisions governing riders’ use of amusement devices

Tenn. Code Ann. § 68-121-116

ACHIEVING THE LAW’S PURPOSE

Perform research to locate companies that do not meet statutory compliance requirements

Send non-compliance letters and cease & desist notices Assist companies with the application process Oversee amusement device inspectors/inspections Verify inspectors are certified, inspection reports are accurate and

complete, and insurance policies are valid

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Process and issue permits and proof of inspection decals Ensure accident reporting requirements and remedial measures are

followed Perform on-site visits and spot checks Refer companies that do not timely comply with the law to local

authorities and district attorney’s office Post non-compliant and compliant companies on the department’s

website for public awareness Maintain records and statistics

ACHIEVING THE LAW’S PURPOSE ANNUAL PERMIT

Permit shall not be issued until the owner satisfies all statutory compliance requirements

Proof of Inspection decals shall be applied to or conspicuously visible for each device permitted

Permit shall be retained and available by the amusement device company; if there are multiple devices owned and managed by one (1) owner, the permit shall be filed at the main office

Tenn. Code Ann. § 68-121-121 (b)

Permit Issuance

Considerations: Amusement Device Unit has Jurisdiction State Forms and other Required Documents are Accurate and

Complete Proof of Insurance is Valid Inspections were Performed by Qualified Inspectors Amusement Devices meet the Applicable Standards (ASTM, ACCT) Documents were Timely Submitted

REMEDIES FOR NON-COMPLIANCE

Under current law, if a company fails to timely comply with the law, the company may be assessed a penalty (50% of the annual permit application fee)

If an owner, operator continues to operate an amusement device after a temporary suspension has been issued by the Amusement Device Unit pursuant to Tenn. Code Ann. § 68-121-120, then the Tennessee Department of Labor and Workforce Development may refer the case to the District Attorney for a Class C Misdemeanor

Tenn. Code Ann. § 68-121-115

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REMEDIES FOR NON-COMPLIANCE

If it is determined that an amusement device is hazardous or unsafe, the Tennessee Department of Labor and Workforce Development may order a temporary suspension.

Tenn. Code Ann. § 68-121-120

If an owner, operator continues to operate any amusement device after an accident occurs pursuant to Tenn. Code Ann. §68-121-118, or a temporary suspension has been issued by the Amusement Device Unit pursuant to Tenn. Code Ann. § 68-121-120, then the Tennessee Department of Labor and Workforce Development may obtain injunctive relief to immediately restrain the use of the amusement device

REMEDIES FOR NON-COMPLIANCE

Tenn. Code Ann. § 68-121-123

RIDER RESPONSIBILITY

Riders must obey the safety requirements provided by the owners:

Amusement device safety instructions Do not interfere with safe operations Do not throw objects toward or from the device Enter and exit the device at designated time and area Violation of these responsibilities by the rider may result in a Class C

misdemeanor punishable by fine only (handled by District Attorney’s office)

Tenn. Code Ann. § 68-121-125

PATRON AWARENESS

Proper Signage on Device (i.e. height requirements and safety rules governing rider conduct at or near the entrance of the amusement device) T.C.A.§68-121-125(g)

Safety Personnel (person within immediate reach of both controls and a stop switch while the amusement device is in operation) T.C.A.§68-121-120(d)

Proof of Inspection Decal (located somewhere on the device or in a conspicuous location nearby) T.C.A.§68-121-121(b)

Permit (located in a conspicuous place on the premises) T.C.A.§68-121-117

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News and Announcements Information about amusement devices Administrative changes within Amusement Device Unit Legislative changes within Tennessee Code Annotated

News and Announcements Email Notification Signup 7 Sections Definition Report an Accident Permitting and Annual Fees Find an Inspector Compliance Advisory Notices Elevator & Amusement Device Safety Board

Subscribing to Email Notifications

Click here to sign up

Sections help to link information to viewer’s need Company owners/operators Organizations/government entities Patrons/public

Amusement Device Unit Website

https://www.tn.gov/workforce/employers/safety---health/regulations-compliance/regulations---compliance-redirect/amusement-devices.html

Definition of an Amusement Device

Tenn. Code Ann. § 68-121-101(3)(A)

Examples

Roller Coasters Ferris Wheels Merry-Go-Rounds Glasshouses Walk-Through Dark Houses Inflatable Devices Trampoline Parks Dry Slides Over 20 Feet in Height (excluding water) Any portable tram, open car or combination of open cars or wagons

Tenn. Code Ann. § 68-121-101(3)(A)(B)

Exemptions

Mechanical Bulls Buildings or Concourses used in

Laser Games Climbing Walls Seasonal Haunted Houses (Dark) (Open

< 90 days within a calendar year)

Terrain Vehicles (e.g., 3 Wheelers, 4 Wheelers)

Motorcycles; Bicycles; Mopeds; Go Karts

Bungee Devices

Tenn. Code Ann. § 68-121-101(3)(C)

Devices Operated on a Natural Body of Water (e.g., Water Slides, Jet Skis, Water Skis, Wake Boards)

Wave Pools Hay Rides Rides Solely for Transporting

Patrons Rides Used for Guided or

Educational Tours Roller/Ice Skating Rinks Skateboard Ramps or Courses

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Exemptions

Tenn. Code Ann. § 68-121-101(3)(C)

An amusement device that is owned and operated by a nonprofit religious, educational or charitable institution or association, if the device is located within a building subject to inspection by the state fire marshal or by any political subdivision of the state under its building, fire, electrical or related public safety ordinances.

A device attached to an animal so that while being ridden the path of the animal is on a fixed or restricted path (e.g., horse carriage or pony rides).

Report an Accident

Four Step Process1)Cease Operation

Immediately for a fatality, serious physical injury, or serious incident

2)Report Accident to the State Within 24 hours of accident

3)Set up an Immediate Inspection Within 24 hours Qualified inspector

4)Resume Operation after Authorization Amusement Device Unit will notify owner upon satisfying

requirements

Tenn. Code Ann. § 68-121-118

Report an Accident

Serious Incident Any single incident where any person or persons are immediately transported to a licensed

off-site medical care facility for treatment of an injury as a result of being on, or the operation of, the amusement device.

Serious Physical Injury A patron’s personal injury immediately reported to the owner or operator as occurring on an

amusement device and that results in death, dismemberment, significant disfigurement or other significant injury that requires immediate in-patient admission and twenty-four-hour hospitalization under the care of a licensed physician for other than medical observation.

Tenn. Code Ann. § 68-121-101(20)(21)

Report an Accident

Form embedded in section Easy to fill out 24 hour availability Captures time & date

LB-3246 | Rev. 04/2017

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Report an Accident

Qualified Inspector Certified by ACCT, AIMS, or NAARSO Within 24 hours of receiving the report of an accident Owner/operator responsible for cost Required in order to resume operation

Tenn. Code Ann. § 68-121-118

Report an Accident

Amusement Device Unit Oversees cessation and order to resume operation Oversight managed from Nashville office

Resume Operation Accident has been properly reported Inspection Reports have been received and verified Inspection Reports indicate that the device meets industry standards (ASTM/ACCT or

other approved Standards)

Tenn. Code Ann. § 68-121-118

Report an Accident

Failure to Comply ($300) penalty for each day• Has not ceased operation• Fails to report within allotted time• Fails to obtain inspection• Resumes operation without authorization

Enforced by Amusement Device Unit Penalty assessed until full compliance is

achieved

Tenn. Code Ann. § 68-121-118(c)

Permitting and Annual Fees

Inspection Report

Submitted by Inspector

Upload link in this section

Insurance Requirements

$1,000,000 per occurrence

Dates of coverage are current

Owner/company as insured

Permit Fee

$150.00 fee per location

Payable by money order or check (personal or cashier’s)

Authority: 0800-03-04-.25 Fees

Application Packet Overview

Application for Permit with Itinerary

Amusement Device List

Certificate of Liability Insurance

Inspection Report

Permit Fee

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“Meets Industry Standards”

2 Approved Standards

Reports must reflect which standard was used

Lists of Qualified Inspectors

Tenn. Code Ann. § 68-121-119

3 Certifying Organizations recognized by TN Legislation

Links direct you to each organization’s published list of inspectors*

Find an Inspector

* NAARSO is a member directory and identifies certification(s) in columns

Compliant List Alphabetical

By company name

Location City/State

Permit Expiration Verify Current status

Required Information Company Name Company Address

Optional Information Owner Contact Information Company Type (Devices)

Confidential Stated on Form

Compliant List

Non-Compliant List

Send a Tip

Non-Compliant List Alphabetical

By company name

Location City/State

Date Referred

Compliance

Advisory NoticesElevator & Amusement Device Safety Board

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How Can You Help?

Community Awareness 17th Largest State1

>6 Million Population 1

95 Counties 345 Municipalities2

YOU!

Community Awareness 17th Largest State1

>6 Million Population 1

95 Counties 345 Municipalities2

5 OF US1 https://www.tn.gov/directory/county-city-web-sites.html

2 http://www.mtas.tennessee.edu/cities_alpha

How Can You Help?

Share InformationMunicipal Leadership Council Members Police Chief Mayor City Attorney(s)

Share Information Local Community Local Businesses Residents Friends/Family

Workplace Network Nearby Jurisdictions

Amusement Device Unit 1-844-224-5818

How Can You Help?

Enforce the Law!Proof of Compliance Require companies to submit a

valid permit along with proof of Insurance

Verify permit status with your regional compliance officer

Report festival dates/carnival companies to unit members

Stay Informed Sign up for Email

Notifications Use Resources Website

Compliance Lists Tip Form

Staff Directory

Amusement Device Unit 1-844-224-5818

THANK YOU FOR YOUR TIME!