Section 303 – Certification of inspectors.

Effective 5/12/2020
72-16-303. Certification of inspectors.

• (1) To become a qualified safety inspector, an individual shall obtain and maintain a qualified safety inspector certification from the director in accordance with this section.

• (2) To obtain a qualified safety inspector certification from the director, an individual shall submit an application described in Subsection (3) and a fee established by the committee in accordance with Section 63J-1-504.

• (3) An application for a qualified safety inspector certification shall be in a form prescribed by the director and include information that demonstrates the applicant:
  • (a)
    • (i)
      • (A) is a professional engineer, licensed in accordance with 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
      • (B) 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;
    • (ii)
      • (A) has at least three years of experience inspecting amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; and
      • (B) is certified by a nationally recognized organization in the amusement ride safety industry approved by the committee; or
    • (iii)
      • (A) has at least three years of experience inspecting amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; and
      • (B) is employed by an amusement park that employs more than 1,000 individuals in a calendar year;
  • (b)
    • (i) has liability insurance for bodily injury and property damage in compliance with rules made by the committee; or
    • (ii) is an employee or authorized agent of an insurance company; and
  • (c) is a member of and actively participates in an entity that develops standards applicable to the operation of amusement rides.

• (4) 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 in accordance with Section 63J-1-504 and a renewal application that demonstrates that the qualified safety inspector:
  • (a) satisfies the requirements described in Subsection (3); 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.

• (5) The director shall issue a qualified safety inspector certification to each individual who submits an application or a renewal application that is in a form prescribed by the director and complies with the requirements of this section and any applicable rules and fees.

• (6) A qualified safety inspector certification expires two years after the day on which the director issues the qualified inspector certification.

• (7) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the director may deny, suspend, or revoke a qualified safety inspector certification if an individual fails to satisfy a requirement of this chapter or any applicable rule.

• (8) A qualified safety inspector who is employed by the owner-operator of an amusement ride may complete an inspection of the amusement ride.

Amended by Chapter 423, 2020 General Session