Ga. Comp. R. & Regs. R. 120-3-28-.04 - Owner/Operator Responsibility; Rider Responsibility; Warnings and Signage

(1) Every manager of a carnival ride shall comply with or effect compliance with all provisions of these rules and regulations, and every employer and employee shall comply with all provisions which concern or affect his conduct.

(2) Each owner, manager, or lessee is responsible for filing one of the following with the Office of Insurance and Safety Fire Commissioner prior to any ride being placed into operation:

(a) A certificate of insurance against liability for injury to persons arising out of the operation of the carnival or fair ride in the amount of at least one million ($1,000,000) dollars.

(b) A bond for and in the same amount as stated in (a) above.

(c) Cash or other security acceptable to the Department for and in the amount as stated in (a) above.

(3) All ride patrons shall:

(a) Obey all posted signs, including but not limited to, warning signs, instruction signs, and directions signs, which are not inconsistent with these rules:

(b) Obey the instructions of ride attendants;

(c) Properly use all safety equipment provided;

(d) Act in a responsible manner while using a carnival ride, device or attraction;

(e) Refrain from acting in any manner that may cause or contribute to injury to self or others;

(f) Not participate or use a carnival ride, device or attraction while under the influence of alcohol or any intoxicating substance; and

(g) Be subject to any or all of the following penalties for violation of this Section A:

1. Removal from the ride, device or attraction and barred from returning that day;

2. Removal from the carnival owner's property and barred from returning that day;

3. Subject to a civil penalty up to a maximum of $100 per infraction to be assessed in accordance with the civil penalty provisions of these rules.

(4) All ride patrons, or, if the patron is a minor, the patron's parent or guardian, shall report in writing to the carnival owner or his designee any injury sustained on a carnival ride prior to leaving the carnival owner's premises, unless the ride patron (or parent or guardian) is unable to file the report because of the severity of the injuries, in which case the report shall be filed as soon as reasonably possible.

(5) Sign Requirements:

(a) Warnings and directions shall be based upon the standards of the American Society of Testing Materials (ASTM) or the American National Standards Institute (ANSI), or, if expressly approved by the Commissioner, other nationally recognized technical or scientific authority in the amusement ride or carnival ride industry.

(b) Signs shall be displayed in a public and conspicuous place on or near the ride, device or attraction in letters clearly visible from at least a distance of 15 feet.

(c) Rider responsibilities and potential penalties shall be posted in at least one public and conspicuous location on the premises of the carnival owner.

Notes

Ga. Comp. R. & Regs. R. 120-3-28-.04

O.C.G.A. Secs. 25-15-82, 25-15-83, 25-15-91, 25-15-96.

Original Rule entitled "Owner/Operator Responsibility; Rider Responsibility; Warnings and Signage. Amended"adopted. F. Jan. 10, 2014; eff. Jan. 30, 2014.