302 Ky. Admin. Regs. 16:030

Current through Register Vol. 51, No. 5, November 1, 2024

Section 302 KAR 16:030 - Determination of administrative or safety violations which cannot be corrected immediately; section stop order

RELATES TO: KRS 247.232, 247.234, 247.236

NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.234 authorizes the Department of Agriculture to provide for inspections for amusement rides or attractions. This administrative regulation establishes procedures to determine violations which cannot be immediately corrected.

Section 1. Definition. "Immediately correctable violation" means a violation that can be corrected on the day of an inspection.

Section 2. The department's inspector shall determine the nature and severity of violations and shall determine if the violations are not immediately correctable based on the manufacturer's standards, KRS 247.232 through 247.236, and 302 KAR 16:010 through 302 KAR 16:140.

Section 3. A violation issued for operation of an amusement ride or amusement attraction without a valid permit shall be considered a violation that is not immediately correctable.

Section 4. A safety inspector may order closed a unit or section of a ride that fails to comply with safety or operational guidelines, if closure of that section of the ride does not affect the remaining units or sections of the ride, by placing upon that unit or section of the ride a section stop order. The owner shall notify the department when the unit or section of the ride has been repaired to provide the department with information in support of a section stop order removal.

302 KAR 16:030

15 Ky.R. 2125; eff. 5-11-89; Am. 22 Ky.R. 101; 715; eff. 9-28-95; 1334; eff. 2-20-96; 23 Ky.R. 462; 1927; eff. 10-24-96; 25 Ky.R. 400; eff. 10-22-98; 31 Ky.R. 610; 1053; eff. 1-4-2005; 32 Ky.R. 1460; 1904; eff. 6-2-06; 35 Ky.R. 2133; 2421; eff. 6-5-09; Crt eff. 2-18-2020; 50 Ky.R. 154, 821; eff. 10/19/2023.

STATUTORY AUTHORITY: KRS 247.234, 247.236