CHAPTER 409

FORMERLY

HOUSE BILL NO. 297

AS AMENDED BY

HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 2

AND

SENATE AMENDMENT NO. 1 TO SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO AN AMUSEMENT RIDES SAFETY ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein):

"Section 1. Amend Title 16 of the Delaware Code by adding thereto a new Chapter to be designated as Chapter 64 to read as follows:

"CHAPTER 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT

§6401. Short Title

This Chapter may be cited as the Amusement Ride Safety Inspection Insurance Act.

§6402. Definitions

As used in this Chapter

'Amusement ride' means any mechanical device or devices that carry or convey passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement, but such term does not include (A) any single-passenger coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator, or (B) nonmechanized playground equipment, including but not limited to swings, seesaws, stationary spring-mounted animal features. rider-propelled merry-go-rounds, climbers, slides. trampolines, and physical-fitness devices.

'Office' means the Office of the State Fire Marshal.

§6403. Administration and Enforcement

The Fire Marshal shall administer and enforce this Chapter. The Fire Marshal shall establish reasonable and necessary fees in an amount not to exceed $20 per year for each amusement ride covered by this Act: provided, however, no owner shall have to pay a fee in excess of $100. Funds raised through said fees shall be deposited in the State Treasury and shall be credited to the account of the Fire Marshal for administration of this Act.

§6404. Amusement Ride Operation Requirements

A person may not operate an amusement ride unless he: (1) has the amusement ride inspected at least once annually for safety by an insurer or a person with whom the insurer has contracted and obtains from that insurer or person a written certificate that the inspection has been made and that the amusement ride meets the standards for coverage and is covered by the insurance required by Subsection (2) of this section:

(2) has an insurance policy currently in force written by an insurance company authorized to do business in this state. a surplus lines insurer as defined by Chapter 19 of Title 18. Delaware Code, or an independently procured policy in an amount of not less than El million per occurrence insuring the owner or operator against liability for Injury to persons arising out of the use of the amusement ride.

files with the Fire Marshal in the manner required by this Chapter. the inspection certificate and the insurance policy required by this section or a photocopy of such a certificate or policy authorized by the Fire Marshal; and

§6405. Filing Affidavit

The documents required by Subsection (3) of Section 6404 of this Chapter must be filed with the Fire Marshal before June of each year. but if the amusement ride is inspected under Subsection (3) of Section 6404 more than once a year, the inspection certificate must be filed not later than 15 days after each inspection and the insurance policy must be filed before June of each year.

§6406. Fire Marshal Request

The Fire Marshall may request from the sponsor, lessor, landowner, or other person responsible for an amusement ride being offered for use by the public information concerning whether or not insurance in the amount required by this Chapter is in effect on the amusement ride. The sponsor, lessor, landowner, or other person to whom the information request is made shall respond to the Fire Marshal within 15 days after the request is made.

§6407. Denial of Entry to Amusement Rides

The owner or operator of an amusement ride may deny entry to the ride to any person if in the owner's or operator's opinion the entry may jeopardize the safety of the person who desires to enter or the safety of other patrons of the amusement ride.

§6408. Iniunctions

The Attorney General on request of the Fire Marshal or one of his deputys may seek an injunction against any person operating an amusement ride in violation of this Chapter.

§6409. Penalties

A person commits an offense if he fails to comply with any requirement under Section 6404 or 6405 of this Chapter.

A sponsor, lessor, landowner, or other person responsible for an amusement ride being offered for use by the public commits an offense if he fails to provide the required information or provides false information under Section 6406 of this Chapter.

An offense under this Chapter is a Class C misdemeanor.

Each day a violation of this Chapter is committed constitutes a separate offense."

Section 2. The provisions of this Act shall become effective on June 1, 1985.

Approved July 20, 1984.