Section 870-G. Reports of injuries  


Latest version.
  • 1. The owner or lessee of any amusement
      device, viewing stand or tent which, during the course of its operation,
      is involved in an accident which results in an injury shall report  such
      injury to the owner's or lessee's insurer.
        2.  The owner or lessee of any amusement device, viewing stand or tent
      which, during the course of its operation, is involved  in  an  accident
      which  results  in  a  serious  injury  shall  report such injury to the
      commissioner prior to the close of business of the  commissioner's  next
      business day.
        3.  When  a  serious  injury  occurs  involving  the  operation  of an
      amusement device, viewing stand or  tent,  the  owner  or  lessee  shall
      immediately  shut  down  the  device, viewing stand or tent from further
      use. (a) In the case of an amusement device, the device may  not  resume
      operation  until  the  safety  coordinator  determines  that the serious
      injury was not caused by  a  mechanical  or  structural  defect  in  the
      amusement  device; (b) In the case of a viewing stand or tent, the stand
      or tent may not be occupied again until the commissioner or  the  safety
      coordinator  determines  that  the  serious  injury  was not caused by a
      mechanical or structural defect in the viewing stand or tent.
        4. If the safety coordinator determines  that  a  serious  injury  was
      caused  by  a  mechanical  or structural defect, the device shall remain
      shut down until such repairs are completed  and  the  device  is  deemed
      operational  by  a  licensed architect, professional engineer, qualified
      inspector of an insurance underwriter or an inspector  approved  by  the
      commissioner.   An affidavit of such inspection and correction of defect
      shall be filed with the commissioner.