Section 901:9-1-02 - Powers of the director(A) The director or his designee has the authority to issue stop orders under the authority of division (F) of section 993.07 of the Revised Code, suspend any permit issued pursuant to section 993.04 of the Revised Code and to levy fines under the authority of section 993.09 of the Revised Code for any violation of this chapter adopted under authority of division (B) of section 993.04 of the Revised Code.(B) Ride inspectors or other designees of the department are authorized by the director to prohibit the operation of any ride found to be in an unsafe condition, or the ride was not set-up, and ready to operate at the time ready for inspection listed on the ride company's itinerary on file with the department, by issuing a "Stop Operation Order" as provided in division (F) of section 993.07 of the Revised Code. A "Stop Operation Order" may be issued to any owner who is operating an unlicensed ride based on the premise that under division (F) of section 993.07 of the Revised Code no ride can be presumed to be safe until it is inspected.
(C) The "Stop Operation Orders" shall be issued as follows:(1) The inspector shall fill out the "Stop Operation Order" form in triplicate. The order shall contain the reason for the order.(2) The owner shall sign all copies, retaining one for his own use. The inspector shall retain one for the department's use. The third copy shall be forwarded immediately to the individual or group responsible for the event.(3) The inspector shall place on the ride or device, in clear view of potential riders, a "Stop Operation Order" sign stating "Temporarily closed by the Ohio Department of Agriculture." This sign shall be in place prior to his leaving the event or park. This sign shall be part of the order and shall remain posted until removed by an inspector of or other designee of the department.(D) No ride or device shall be open to the public while a "Stop Operation Order" is outstanding against it.(E) Any owner, who disagrees with the issuance of any "Stop Operation Order" is entitled to a hearing as provided by Chapter 119. of the Revised Code.(F) The "Stop Operation Order" will be removed when:(1) The order has been determined unreasonable by the director or his designee at a hearing held in accordance with Chapter 119. of the Revised Code.(2) When the department determines the condition causing the violation has been corrected as prescribed under division (F) of section 993.07 of the Revised Code.Ohio Admin. Code 901:9-1-02
Effective: 6/10/2022
Five Year Review (FYR) Dates: 3/25/2022 and 06/10/2027
Promulgated Under: 119.03
Statutory Authority: 993.04
Rule Amplifies: 993.04
Prior Effective Dates: 03/20/1986, 06/20/1988, 08/25/2003