State of Illinois
92nd General Assembly
Legislation

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92_HB3574eng

 
HB3574 Engrossed                              LRB9204531ARpcA

 1        AN ACT concerning carnival and amusement rides.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Carnival and Amusement Rides Safety Act
 5    is amended by  changing  Sections  2-2,  2-10,  and  2-12  as
 6    follows:

 7        (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
 8        Sec.  2-2.   Definitions. As used in this Act, unless the
 9    context otherwise requires:
10        1.  "Director"  means  the  Director  of  Labor  or   his
11    designee.
12        2.  "Department" means Department of Labor.
13        3.  "Amusement  Attraction" means an enclosed building or
14    structure,  including  electrical  equipment  which   is   an
15    integral  part  of  the  building or structure, through which
16    people walk without  the  aid  of  any  moving  device,  that
17    provides  amusement,  thrills  or  excitement  at  a  fair or
18    carnival, except any  such  enclosed  building  or  structure
19    which  is  subject  to  the  jurisdiction of a local building
20    code.
21        4.  "Amusement ride" means:
22             (a)  any  mechanized  device   or   combination   of
23        devices,  including  electrical  equipment  which  is  an
24        integral  part  of  the  device or devices, which carries
25        passengers along, around, or over a fixed  or  restricted
26        course  for  the primary purpose of giving its passengers
27        amusement, pleasure, thrills, or excitement;
28             (b)  any ski lift, rope tow, or other device used to
29        transport snow skiers;
30             (c)  (blank); any water slide,  or  water  amusement
31        device  in  a  water amusement area, not regulated by the
 
HB3574 Engrossed            -2-               LRB9204531ARpcA
 1        Department of Public Health pursuant to  the  Youth  Camp
 2        Act,  the Campground Licensing and Recreational Area Act,
 3        or the Swimming Pool and Bathing Beach Act;
 4             (d)  any dry slide over 20 feet  in  height,  alpine
 5        slide, or toboggan slide;
 6             (e)  any tram, open car, or combination of open cars
 7        or  wagons  pulled by a tractor or other motorized device
 8        which is not licensed by the Secretary  of  State,  which
 9        may,   but   does  not  necessarily  follow  a  fixed  or
10        restricted course, and is used primarily for the  purpose
11        of  giving its passengers amusement, pleasure, thrills or
12        excitement, and for which an individual fee is charged or
13        a donation accepted with the exception of hayrack  rides;
14        or
15             (f)  any bungee cord or similar elastic device.
16        5.  "Carnival" means an enterprise which offers amusement
17    or  entertainment  to  the  public  by  means  of one or more
18    amusement attractions or amusement rides.
19        6.  "Fair" means an enterprise principally devoted to the
20    exhibition  of  products  of  agriculture  or   industry   in
21    connection   with   which   amusement   rides   or  amusement
22    attractions are operated.
23        7.  "Operator" means a person, or the agent of a  person,
24    who owns or controls or has the duty to control the operation
25    of an amusement ride or an amusement attraction at a carnival
26    or fair. "Operator" includes an agency of the State or any of
27    its political subdivisions.
28    (Source: P.A. 88-219.)

29        (430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
30        Sec.  2-10.   No  amusement  ride or amusement attraction
31    shall be operated at a carnival or fair in this State without
32    a permit having been issued by the Director to an operator of
33    such equipment. On or before the first of May of  each  year,
 
HB3574 Engrossed            -3-               LRB9204531ARpcA
 1    any  person  required  to  obtain  a permit by this Act shall
 2    apply to the Director for a permit on a form furnished by the
 3    Director which form shall contain  such  information  as  the
 4    Director  may require. The Director may waive the requirement
 5    that an application for a permit must be filed on  or  before
 6    May  1 of each year if the applicant gives satisfactory proof
 7    to the Director that he could not reasonably comply with  the
 8    date requirement and if the applicant immediately applies for
 9    a permit after the need for a permit is first determined. For
10    the  purpose of determining if an amusement ride or amusement
11    attraction is in safe operating condition  and  will  provide
12    protection  to  the  public  using  such  amusement  ride  or
13    amusement   attraction,  each  amusement  ride  or  amusement
14    attraction shall be inspected by the Director  before  it  is
15    initially  placed  in  operation  in  this  State,  and shall
16    thereafter be inspected at least once each year.
17        If, after inspection,  an  amusement  ride  or  amusement
18    attraction  is  found  to comply with the rules adopted under
19    this Act, the Director shall issue a permit for the operation
20    of the amusement ride or amusement attraction.    The  permit
21    shall  be  issued  conditioned upon the payment of the permit
22    fee and  any  applicable  inspection  fee  at  the  time  the
23    application   for   permit  to  operate  is  filed  with  the
24    Department within 7 days following the inspection and may  be
25    suspended as provided in the Department's rules.
26        If,   after  inspection,  additions  or  alterations  are
27    contemplated   which   change   a    structure,    mechanism,
28    classification  or  capacity,  the  operator shall notify the
29    Director of his intentions in writing and provide  any  plans
30    or diagrams requested by the Director.
31    (Source: P.A. 85-325.)

32        (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
33        Sec. 2-12.  Order for cessation of operation of amusement
 
HB3574 Engrossed            -4-               LRB9204531ARpcA
 1    ride or attraction.
 2        (a)  The Director or an inspector hired by the Department
 3    of  Labor  may  order,  in writing, a temporary and immediate
 4    cessation of operation of any  amusement  ride  or  amusement
 5    attraction if it:
 6             (1)  has  been  determined  after  inspection  to be
 7        hazardous or unsafe;
 8             (2)  is in operation before the Director has  issued
 9        a permit to operate such equipment; or
10             (3)  the owner or operator is not in compliance with
11        the  insurance  requirements contained in Section 2-14 of
12        this Act.
13        (b)  Operation  of  the  amusement  ride   or   amusement
14    attraction shall not resume until:
15             (1)  the  unsafe or hazardous condition is corrected
16        to the satisfaction of the Director or such inspector;
17             (2)  the Director has issued  a  permit  to  operate
18        such equipment; or
19             (3)  the owner or operator is in compliance with the
20        insurance  requirements contained in Section 2-14 of this
21        Act, respectively.
22    (Source: P.A. 83-1240.)

23        Section 99.  This Act takes  effect  upon  becoming  law,
24    except  that  the changes to Section 2-10 of the Carnival and
25    Amusement Rides Safety Act take effect on  January  1,  2002,
26    and  the changes to Section 2-2 of the Carnival and Amusement
27    Rides Safety Act take effect on July 1, 2001.

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