An Act To Privatize the Inspection of Amusement Rides in Maine
Sec. 1. 8 MRSA c. 18 is enacted to read:
AMUSEMENT RIDES AND SHOWS
§ 481. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 482. Amusement rides
(1) The amusement ride passed the most recent annual inspection required by this section; or
(2) All defects identified during the most recent annual inspection have been corrected and the amusement ride passes reinspection.
(1) The owner's name;
(2) The name of the amusement ride;
(3) The name of the manufacturer of the amusement ride;
(4) The serial number of the amusement ride;
(5) The date of inspection; and
(6) The certified amusement ride inspector's name and certification number.
An inspection or reinspection required by this section must include an evaluation consistent with the applicable ASTM standards.
The inspections required by this section are in addition to any other inspections required or permitted by law.
§ 483. Certification of amusement ride inspectors
(1) An intermediate or advanced certification as an amusement ride and device inspector issued by a national association of amusement ride safety officials; or
(2) An intermediate or advanced certification as an amusement ride and device inspector issued by a national organization of manufacturers and suppliers for the amusement ride industry; and
§ 484. Amusement shows
§ 485. Rulemaking
The commissioner shall adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 2. 8 MRSA c. 19, as amended, is repealed.
Sec. 3. 8 MRSA §658, as amended PL 1979, c. 127, §48, is further amended to read:
§ 658. Unincorporated places
County commissioners within their counties and counties within their limits shall respectively exercise over unincorporated places all the powers of municipal officers and towns under chapters 1, 3, 7 and , 17 and 20 to 25.
Sec. 4. 8 MRSA §701, as amended by PL 1979, c. 127, §49, is further amended to read:
§ 701. Jurisdiction
All penalties provided in chapters 1, 3, 7 and , 17 and 20 to 25 , except that specified in section 502, shall must be recovered by complaint for the use of the town where incurred.
Sec. 5. 22 MRSA §1607, as amended by PL 2005, c. 563, §15, is further amended to read:
§ 1607. Application
This chapter does not apply to fairs licensed, defined and regulated under Title 7, chapter 4 , or military activities. It does not apply to persons, associations, corporations, trusts or partnerships licensed under Title 8, chapters 11 and 19 18.
The purpose of this bill is to reduce operational costs incurred by the Department of Public Safety, Office of the State Fire Marshal by allowing qualified private sector organizations or individuals to inspect amusement rides to ensure they are safe for the public. Under this bill, the Office of the State Fire Marshal has oversight over the certification of qualified amusement ride inspectors. The bill also repeals laws governing licensure of circuses in the Maine Revised Statutes, Title 8 in an effort to eliminate confusion.