| (a) Operational Requirements. An owner/operator may
not operate an amusement ride unless the owner/operator has satisfied
and is continuing to satisfy the requirements in subsections (a) -
(f) of this section.
(b) Insurance. The owner/operator must file with TDI
the insurance policy or a photocopy of the insurance policy certifying
that the policy is a true copy of the insurance policy provided to
the insured as required by Occupations Code Chapter 2151, concerning
Regulation of Amusement Rides.
(1) Occupations Code §2151.101, concerning Requirements
for Operation, requires that any person who operates an amusement
ride must have currently in force a combined single limit or split
limit insurance policy written by an insurance company authorized
to do business in this state or by a surplus lines insurer, as defined
by Insurance Code Chapter 981, concerning Surplus Lines Insurance,
or have an independently procured policy subject to Insurance Code
Chapter 101, concerning Unauthorized Insurance, insuring the owner
or operator against liability for injury to persons arising out of
use of the amusement ride in an amount of not less than:
(A) for Class A amusement rides:
(i) $100,000 bodily injury and $50,000 property damage
per occurrence with a $300,000 annual aggregate; or
(ii) $150,000 per occurrence combined single limit
with a $300,000 annual aggregate;
(B) for Class B amusement rides, except for Class B
motorized train amusement rides:
(i) $1,000,000 bodily injury and $500,000 property
damage per occurrence; or
(ii) $1,500,000 per occurrence combined single limit.
(2) Occupations Code §2151.1011, concerning Liability
Insurance for Certain Amusement Rides, requires that any person who
operates a Class B motorized train amusement ride must have an insurance
policy currently in effect written by an insurance company authorized
to conduct business in this state or by a surplus lines insurer, as
defined by Insurance Code Chapter 981, or have an independently procured
policy subject to Insurance Code Chapter 101, insuring the owner or
operator against liability for injury to persons arising out of the
use of the amusement ride in an amount of not less than $1 million
in aggregate for all liability claims occurring in a policy year.
(3) A local government may satisfy the insurance requirements
prescribed by paragraphs (1) and (2) of this subsection by obtaining
liability coverage through an interlocal agreement.
(4) The policy or certified photocopy of the policy
must be complete, including all applicable coverage forms and endorsements.
Certificates of insurance will not be acceptable for this purpose.
(5) The policy must contain a schedule listing by name
and serial number if applicable to each amusement ride insured by
the policy. In the event of additions or deletions of amusement rides
during the policy term, such changes must be shown on a change endorsement,
a copy of which must be submitted to TDI. Additions will also require
an inspection certificate (TDI Form AR-100 (Amusement Ride Certificate
of Inspection/Reinspection), revised effective February 2022) and
a $40 fee for each amusement ride to be submitted to TDI before any
operation of the added amusement ride. Additions or deletions must
be filed not later than 10 days after the change.
(6) In the event of policy cancellation by either the
insured owner/operator or the insurance company, the company must
furnish notice of cancellation to TDI as soon as possible, but not
later than 10 days before the cancellation.
(7) The owner/operator will provide to any sponsor,
lessor, landowner, or other person responsible for an amusement ride
offered for use by the public a photocopy of the inspection certificate
and the insurance policy required by this section.
(8) If the owner/operator obtains an additional amusement
ride device, the ride must be added to the insurance policy and a
copy of the endorsement submitted to TDI along with the required inspection
certificate (TDI Form AR-100) and the $40 fee before operation in
Texas.
(c) Inspection/Reinspection Certificate. The owner/operator
must also file the original amusement ride inspection certificate
(TDI Form AR-100) certifying with respect to each amusement ride the
matters required by the Act. A separate inspection certificate is
required for each amusement ride that shows the ride's name, serial
number, and manufacturer, as well as the inspector's name, the owner/operator,
a picture of the ride in an operable state taken at the time of the
inspection, and other information as requested. The serial number,
name, and description of the amusement ride must coincide with the
same information identified on the insurance policy. If major components
of the ride (for example, the crane used in a bungee operation) are
interchangeable, then the name, serial number, and manufacturer of
the inspected component must be included on the inspection certificate.
The inspection certificate is valid for a period of one year, and
for expedience in processing, it should, if possible, coincide with
the effective date of the insurance policy. The inspection must be
conducted by the insurer or a person with whom the insurer has contracted.
The inspector must provide both the insurer and owner/operator with
a written certificate that the inspection has been made and that the
amusement ride meets the standards for coverage.
(1) The inspection certificate may not be submitted
to TDI until all discrepancies have been resolved and all necessary
repair(s) or replacement(s) required for the amusement ride to meet
the standards for coverage have been made.
(2) The inspection required by Occupations Code §2151.101(a)
must include a method to test the stress- and wear-related damage
of critical parts of a ride that the manufacturer of the amusement
ride determines are reasonably subject to failure as the result of
stress and wear and could cause injury to a member of the public as
a result of a failure. The inspection must include a review of the
owner/operator's daily inspection records and inspection and maintenance
program in accordance with ASTM practice or the manufacturer's guidelines/inspection
criteria. The inspection must be conducted with the amusement ride
or device in an operable state and include an evaluation of the device
for a minimum of one complete operating cycle.
(3) If the amusement ride or device consists of interchangeable
major components, such as cranes used in bungee jumping operations,
the crane or major component used during the inspection is considered
an integral part of the amusement ride and the inspection certificate
must include the manufacturer and serial number of the crane or major
component inspected with the amusement ride. If the inspected crane
or major component is replaced by another unit, a new inspection is
required to include the new identification and serial number of the
replacement unit.
(4) Any bungee jumping amusement device must include
a safety net or air bag as an integral part of the ride. The safety
net or air bag must be of sufficient size to cover the jump zone.
The safety net or air bag must be rated for the maximum free-fall
height possible from the jump platform used. If the jump area is over
water, the water must be of sufficient depth to provide an adequate
safety cushion. The safety net or air bag must be inspected as an
integral part of the amusement ride.
(5) The inspection certificate must be signed by a
representative of the insurer.
(6) If the amusement ride or device does not meet the
inspection standards, the amusement ride may not be operated until
all necessary repair(s) and/or replacement(s) have been made and the
ride reinspected and an inspection/reinspection certificate issued.
(7) It is the responsibility of the amusement ride
owner/operator to complete the following before any operation of the
ride:
(A) to request the insurer to certify that the insurance
policy and the inspection certificate are true copies by an official
of the insurer;
(B) to receive the completed policy and inspection
certificate from the insurer if they elect to provide coverage; and
(C) to submit a certified copy of the insurance policy,
the original inspection certificate, and the fee to TDI for review.
A planning factor of 10 days should be allowed for TDI review and
approval before any operation of the ride. Errors of omission or commission
on either the policy or inspection certificate may delay TDI approval.
(8) Immediately after any injury or death involving
equipment failure, structural failure, or operator error, the amusement
ride/device must be closed for public use until a new inspection is
performed and an inspection/reinspection certificate is submitted
to TDI.
(9) In addition to the requirements of paragraphs (7)
and (8) of this subsection, a mobile amusement ride on which a death
occurs may not be operated until the requirements of Occupations Code §2151.1526,
concerning Prohibition of Mobile Amusement Ride Operation, are met.
Cont'd... |
