GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 1160

Short Title:  Amusement Device Inspections.	(Public)

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Sponsors: Senator Reeves.

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Referred to:  Finance.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT RELATING TO THE REGULATION OF AMUSEMENT DEVICES AND AERIAL TRAMWAYS BY THE DEPARTMENT OF LABOR.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 95-106 reads as rewritten:
"§ 95-106.  Amusement, aerial tramway, and inclined railroad inspection fees.
(a)	The Department of Labor shall assess and collect the following inspection service fees for inspections for each location within the State of amusement devices, aerial passenger tramways, and inclined railroads:
Type Inspection	Unit Fee
Amusement Devices	$15
Gondolas, Chairlifts,
and Inclined Railroads	137
J- or T-Bars	 62
Rope Tows	 31
(b)	In the event that an amusement device owner or operator notifies the Department of Labor pursuant to G.S. 95-111.8 that he intends to operate one or more amusement devices for the public at a particular location and requests an inspection at a particular time:
(1)	When the inspector arrives and no amusement devices are present, the Department shall assess a fee against the owner or operator to cover the cost of travel to and from the location at the mileage rate set forth in G.S. 138-6 plus an hourly rate of up to sixty dollars ($60.00) for each inspector for the time expended by the inspector in travelling to and from the location.
(2)	When the inspector arrives and amusement devices are present, are not ready for inspection, but become ready for inspection before the inspector leaves, the Department shall assess a fee against the owner or operator to cover the time the inspector must wait before making the inspection at an hourly rate not to exceed sixty dollars ($60.00) for each inspector.
(2a)	In addition to the regular fee set forth in subdivision (2) of this subsection, the Department shall assess a flat fee of one hundred dollars ($100.00) against the owner or operator for each special inspection as defined by G.S. 95-111.3(g1).
(2b)	The Department shall assess an annual inspection fee of one hundred dollars ($100.00) for the annual inspection of inflatable devices pursuant to G.S. 95-111.2(c).
(3)	When the inspector must make a return trip to a location because amusement devices were not ready for inspection when the inspector made a previous trip to the location, the Department shall assess a fee against the owner or operator to cover the cost of travel to and from the location at the mileage rate set forth in G.S. 138-6, plus an hourly rate of up to sixty dollars ($60.00) for each inspector for the time expended by the inspector in conducting the inspection and traveling to and from the location.
(4)	No fee shall be assessed pursuant to this subsection if the owner or operator has notified the Department of Labor at least 24 hours in advance that the amusement devices will not be present or that the devices will not be ready for inspection until a later specified time.
(c)	The Commissioner of Labor may adopt rules to implement this section.  The rules shall conform to Article 14B of this Chapter and shall promote the effective utilization of the staff of the Commissioner."
Section 2.  G.S. 95-111.2 reads as rewritten:
"§ 95-111.2.  Scope.
(a)	This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation of accidents involving amusement devices.
(b)	This Article shall not apply to any device which does not normally require the supervision or services of an operator.  Unless they are located in an amusement park or carnival area, the following devices or attractions are exempt from this Article:
	(2)	Bumper boats; and
(3)	Simulator devices that simulate the movement shown on various video tapes.
(c)	Hot or cold air inflatable devices operated in this State shall be inspected on an annual basis for compliance with the provisions of this Article and all applicable regulations."
Section 3.  G.S. 95-111.3 is amended by adding a new subsection to read:
"( g1)  The term 'special inspection' shall mean those inspections that require the inspector to make a special trip to meet the needs of the individual or organization requesting the inspection and includes inspections performed during hours other than the normal working hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, and inspections performed on a State-recognized holiday that falls on a weekday."
Section 4.  G.S.  95-119 reads as rewritten:
"§ 95-119. Registration criteria and procedure.
The Commissioner shall issue to the applying operator without delay a registration certificate for each passenger tramway owned, managed, or the operation of which is directed by such operator when the Commissioner is satisfied:
(1)	That the facts stated in the application are sufficient to enable the Commissioner to fulfill his duties under this Article; and
(2)	That each such passenger tramway sought to be registered complies with the rules and regulations of the Commissioner promulgated pursuant to the provisions of this Article.
(3)	In order to satisfy himself that the conditions described in subdivisions (1) and (2) of this section have been fulfilled, the Commissioner may cause to be made such inspections hereinafter described as he may reasonably deem necessary.
(4)	When an operator installs a passenger tramway subsequent to November 1, of any year, such operator shall file a supplemental application for registration of such passenger tramway. Upon the receipt of such supplemental application, the Commissioner shall proceed immediately to initiate proceedings leading to the registration or rejection of registration of such passenger tramway pursuant to the provisions of this Article.
(5)	Each registration shall expire twelve months from the date of issuance. Each operator shall cause the registration  certificate for each passenger tramway thus registered to be  displayed prominently at the place where passengers are loaded thereon."
Section 5.  This act becomes effective July 1, 1999.