Utah Admin. Code R920-60-8 - Qualified Safety Inspector Requirements
(1)
Certification Requirements. To obtain a qualified safety inspector
certification from the director, the applicant shall submit an application and
fee as established by the committee that must include the following information
that demonstrates the applicant:
(a) is a
professional engineer, licensed under Title 58, Chapter 22, Professional
Engineers and Professional Land Surveyors Licensing Act, or an engineer with a
comparable license from another state as determined by the committee; and has
at least three years of experience in the amusement ride industry, at least two
of which include actual inspection of amusement rides for an owner-operator,
manufacturer, government agency, amusement park, carnival, or insurer;
or
(b) has at least three years of
experience inspecting amusement rides for an owner-operator, manufacturer,
government agency, amusement park, carnival, or insurer; and has obtained and
maintains at least a current Level II NAARSO, Level II AIMS international
certification, or an ACCT Level II Professional Inspector, which shall only be
accepted for zip line inspections; or
(c) has at least three years of experience
inspecting amusement rides for an owner-operator, manufacturer, government
agency, amusement park, carnival, or insurer; and is a member of and actively
participates in an entity that develops standards applicable to the operation
of amusement rides and:
(i) is employed by an
amusement park that employs more than 1,000 individuals in a calendar year;
or
(ii) the individual is an
employee or authorized agent of an insurance company.
(2) The director may deny,
suspend, or revoke a qualified safety inspector certification if an individual
fails to satisfy a requirement of this rule.
(3) A qualified safety inspector shall pay
the following Registration Fees:
(a) initial
application fee: $50.00; or
(b)
renewal fee, every two years: $40.00.
(4) A qualified safety inspector shall:
(a) maintain insurance in not less than the
following minimum amounts:
(i) $1,000,000
bodily injury;
(ii) $250,000
property damage; and
(iii)
$2,000,000 aggregate; and
(b) maintain proof of insurance and make the
documentation available to the director upon request.
(5) Certification Renewal. To obtain a
renewal of a qualified safety inspector certification, a qualified safety
inspector shall submit to the director a fee established by the committee and a
renewal application that demonstrates that the qualified safety inspector:
(a) satisfies the requirements described in
Subsection 1 of this section; and
(b) during the previous two-year period,
completed at least 12 hours of continuing education instruction provided by:
(i) a nationally recognized amusement
industry organization;
(ii) a
nationally recognized organization in a relevant technical field;
(iii) an owner-operator, through an
owner-operator-run safety program approved by the committee; or
(iv) an amusement park that employs more than
1,000 individuals in a calendar year.
(6) Certification Issuance. The director
shall issue a qualified safety inspector certification to each individual who
submits an application or a renewal application in a form prescribed by the
director and complies with the requirements of this section and any applicable
rules and fees.
(7) Certification
expiration. A qualified safety inspector certification expires two years after
the day on which the director issues the qualified inspector
certification.
(8) Suspension or
Revocation of Certification. Notification of Suspension. The director shall
notify a qualified safety inspector of the suspension of a certification. The
director may suspend the certification of a qualified safety inspector with
intent to revoke for the following reasons:
(a) The qualified safety inspector has been
convicted of or entered a plea of guilty or no contest to a crime related to
the performance of amusement ride safety inspections in any court in the United
States.
(b) The qualified safety
inspector to conduct constituting a crime related to the performance of an
amusement ride safety inspection.
(c) The qualified safety inspector has
falsified information or submitted a deceptive or fraudulent statement or
document connected with certification as a qualified safety inspector or
inspection of an amusement ride.
(d) The qualified safety inspector has
demonstrated willful wrongdoing that reflects a lack of integrity in
certification as a qualified safety inspector or Inspection of an amusement
ride.
(e) The qualified safety
inspector has been suspended as a qualified safety inspector in another
state.
(f) The qualified safety
inspector has performed previous or current work in an unsatisfactory manner as
determined by the director.
(g)
Failure of the qualified safety inspector to observe the owner or operator of
an amusement ride facility's safety practices and policies.
(h) The director reasonably believes and
finds that the public health, welfare, or safety requires suspension.
(9) The qualified safety inspector
may not perform inspections of amusement rides during a suspension of their
certification.
(10) Right to
Appeal. Upon notification of suspension, the qualified safety inspector has 30
days to appeal to the director. The director will promptly schedule a hearing
with the Amusement Ride Safety Committee to hear the appeal. The committee may
choose to uphold the suspension and revoke the certificate or return the
qualified safety inspector to good standing. The committee shall determine the
length of the revocation and notify the qualified safety inspector in writing.
If the qualified safety inspector chooses not to appeal within the stated time
frame, the director may issue the certificate's written revocation.
Notes
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