Rules effective upon approval by the General Assembly plus ten (10) days after filing with the Secretary of State
For rides covered under Rule 3.1, only the following sections of Designation F 2291-04 shall apply:
See Appendix A for rules pertaining to Bungee operations.
If, after inspection, any amusement ride or attraction is prohibited from operation due to violation of the Adopted Codes and Standards, the owner or operator of such ride or attraction may request emergency review with the Director or designee of the Director to determine whether the ride or attraction may operate.
Each owner or operator shall retain on the premises or with a portable amusement ride the following records:
Violation | Statute or Rule Provision | 1st | 2nd |
Failure to notify Director of intent to operate within the State of Arkansas | 23-89-505 | $2,500 | $5,000 |
Operation of ride or attraction without proper liability insurance | 23-89-504 | $5,000 | $10,000 |
Operation of ride or attraction without current safety inspection report | 23-89-504 | $2,500 | $10,000 |
Operation of ride or attraction in violation of a cease and desist order | 23-89-504 | $10,000 | $10,000 |
Operation of a ride or attraction that has been "red-tagged", or removal of a "red-tag" before approval by a Department inspector | 23-89-506 | $10,000 | $10,000 |
Failure to report a fatality or serious physical injury | 23-89-510 | $10,000 | $10,000 |
Operation of ride or attraction by a unqualified person | 23-89-511 | $2,500 | $10,000 |
Failure to maintain proper records with ride or attraction | 23-89-516 | $1,000 | $5,000 |
Other violations of Ark. Code Ann. §§ 23-89-501 through 23-89-518 | Discretionary | Discretionary |
NOTE: Any third or greater offense will receive the maximum statutory administrative penalty of $10,000, except that failure to notify of intent to operate carries a maximum penalty of $5,000.
APPENDIX A RULES PERTAINING TO BUNGEE OPERATIONS
Note: Catapulting is also referred to as launching or reverse jumping.
Note: The performance criteria and system requirements contained in this section are for 2 types of bungee cords: Cotton or nylon sheathed cords and synthetic or natural rubber cords. Cotton or nylon sheathed bungee cords, called "preloaded" style cords, are rubber cords originally developed for military use. These cords are made in conformance with military specifications and are often referred to as "Mil. Spec." However, some non-military specification cords currently in use meet the specifications contained in this section and are considered an approved variation. Synthetic or natural rubber bungee cords, called "New Zealand" style cords, are made with continuous loops of strands of natural or synthetic rubber.
APPENDIX B OBTAINING ADOPTED CODES AND STANDARDS
235.08.23 Ark. Code R. 002