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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!