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Public Act 92-0026
HB3574 Enrolled LRB9204531ARpcA
AN ACT concerning carnival and amusement rides.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Carnival and Amusement Rides Safety Act
is amended by changing Sections 2-2, 2-10, and 2-12 as
follows:
(430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
Sec. 2-2. Definitions. As used in this Act, unless the
context otherwise requires:
1. "Director" means the Director of Labor or his
designee.
2. "Department" means Department of Labor.
3. "Amusement Attraction" means an enclosed building or
structure, including electrical equipment which is an
integral part of the building or structure, through which
people walk without the aid of any moving device, that
provides amusement, thrills or excitement at a fair or
carnival, except any such enclosed building or structure
which is subject to the jurisdiction of a local building
code.
4. "Amusement ride" means:
(a) any mechanized device or combination of
devices, including electrical equipment which is an
integral part of the device or devices, which carries
passengers along, around, or over a fixed or restricted
course for the primary purpose of giving its passengers
amusement, pleasure, thrills, or excitement;
(b) any ski lift, rope tow, or other device used to
transport snow skiers;
(c) (blank); any water slide, or water amusement
device in a water amusement area, not regulated by the
Department of Public Health pursuant to the Youth Camp
Act, the Campground Licensing and Recreational Area Act,
or the Swimming Pool and Bathing Beach Act;
(d) any dry slide over 20 feet in height, alpine
slide, or toboggan slide;
(e) any tram, open car, or combination of open cars
or wagons pulled by a tractor or other motorized device
which is not licensed by the Secretary of State, which
may, but does not necessarily follow a fixed or
restricted course, and is used primarily for the purpose
of giving its passengers amusement, pleasure, thrills or
excitement, and for which an individual fee is charged or
a donation accepted with the exception of hayrack rides;
or
(f) any bungee cord or similar elastic device.
5. "Carnival" means an enterprise which offers amusement
or entertainment to the public by means of one or more
amusement attractions or amusement rides.
6. "Fair" means an enterprise principally devoted to the
exhibition of products of agriculture or industry in
connection with which amusement rides or amusement
attractions are operated.
7. "Operator" means a person, or the agent of a person,
who owns or controls or has the duty to control the operation
of an amusement ride or an amusement attraction at a carnival
or fair. "Operator" includes an agency of the State or any of
its political subdivisions.
(Source: P.A. 88-219.)
(430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
Sec. 2-10. No amusement ride or amusement attraction
shall be operated at a carnival or fair in this State without
a permit having been issued by the Director to an operator of
such equipment. On or before the first of May of each year,
any person required to obtain a permit by this Act shall
apply to the Director for a permit on a form furnished by the
Director which form shall contain such information as the
Director may require. The Director may waive the requirement
that an application for a permit must be filed on or before
May 1 of each year if the applicant gives satisfactory proof
to the Director that he could not reasonably comply with the
date requirement and if the applicant immediately applies for
a permit after the need for a permit is first determined. For
the purpose of determining if an amusement ride or amusement
attraction is in safe operating condition and will provide
protection to the public using such amusement ride or
amusement attraction, each amusement ride or amusement
attraction shall be inspected by the Director before it is
initially placed in operation in this State, and shall
thereafter be inspected at least once each year.
If, after inspection, an amusement ride or amusement
attraction is found to comply with the rules adopted under
this Act, the Director shall issue a permit for the operation
of the amusement ride or amusement attraction. The permit
shall be issued conditioned upon the payment of the permit
fee and any applicable inspection fee at the time the
application for permit to operate is filed with the
Department within 7 days following the inspection and may be
suspended as provided in the Department's rules.
If, after inspection, additions or alterations are
contemplated which change a structure, mechanism,
classification or capacity, the operator shall notify the
Director of his intentions in writing and provide any plans
or diagrams requested by the Director.
(Source: P.A. 85-325.)
(430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
Sec. 2-12. Order for cessation of operation of amusement
ride or attraction.
(a) The Director or an inspector hired by the Department
of Labor may order, in writing, a temporary and immediate
cessation of operation of any amusement ride or amusement
attraction if it:
(1) has been determined after inspection to be
hazardous or unsafe;
(2) is in operation before the Director has issued
a permit to operate such equipment; or
(3) the owner or operator is not in compliance with
the insurance requirements contained in Section 2-14 of
this Act.
(b) Operation of the amusement ride or amusement
attraction shall not resume until:
(1) the unsafe or hazardous condition is corrected
to the satisfaction of the Director or such inspector;
(2) the Director has issued a permit to operate
such equipment; or
(3) the owner or operator is in compliance with the
insurance requirements contained in Section 2-14 of this
Act, respectively.
(Source: P.A. 83-1240.)
Section 99. This Act takes effect upon becoming law,
except that the changes to Section 2-10 of the Carnival and
Amusement Rides Safety Act take effect on January 1, 2002,
and the changes to Section 2-2 of the Carnival and Amusement
Rides Safety Act take effect on July 1, 2001.
Passed in the General Assembly May 15, 2001.
Approved June 28, 2001.
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