TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 321-A
CARNIVAL-AMUSEMENT OPERATORS

Section 321-A:1

    321-A:1 Definitions. –
As used in this chapter:
I. " Carnival or amusement ride " means a device or combination of devices that carry, convey, or direct a person or persons over or through a fixed or restricted course or within a defined area, for the primary purpose of amusement or entertainment.
II. "Commissioner" means the commissioner of the department of safety.
III. [Repealed.]
IV. " Department " means the department of safety.
V. " Fixed base operator " or " fixed base owner " means a person who owns or controls or has the duty to control the operation of an amusement ride which is either installed on or in a permanent structure or on or in trees, or affixed to steel or concrete footings, but excluding any such owner or operator regulated under RSA 225-A.
VI. "Mobile base operator" or "mobile base owner" means a person who owns or controls or has the duty to control the operation of an amusement ride which is either operated or mounted upon or within a motor vehicle or trailer or which is temporarily erected upon the ground for use at carnivals, fairs, and similar events within the state, but excluding any such owner or operator who is also a fixed base operator at the same location.
VII. "Air supported structure" means any amusement attraction that incorporates a structural and mechanical system that employs a high-strength fabric or film that achieves its strength, shape, and stability by pre-tensioning with internal air pressure, all of which are intended to provide an enclosed area for the self-enjoyment of those confined therein.
VIII. "Amusement attraction" means any building or structure around, over, or through which people may move or walk without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills, or excitement. Amusement attraction does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, science, religion, or the arts.

Source. 1975, 473:1. 1977, 393:1. 1983, 233:1. 1987, 124:26, VI; 415:1, 2. 2004, 58:5. 2011, 224:224. 2016, 133:1, 2, eff. Jan. 1, 2017.

Section 321-A:2

    321-A:2 Rules. – The commissioner shall adopt rules, pursuant to RSA 541-A, for the safe installation, repair, maintenance, use, operation, and inspection of all carnival or amusement rides, air supported structures, and amusement attractions, as covered by this chapter, for the protection of the general public. The rules shall be based upon generally accepted engineering standards, formulas, and practices.

Source. 1975, 473:1. 1977, 393:2. 1987, 124:19. 2004, 58:6. 2006, 203:2. 2011, 224:223, eff. July 1, 2011.

Section 321-A:2-a

    321-A:2-a Inspections. –
I. All carnival or amusement rides shall be inspected at the following times:
(a) Carnival or amusement rides operated at a fixed and regular location:
(1) By an agent of the commissioner when originally put into operation for the use of the public. The director shall be notified of the operator's intent at least 10 days prior to the inspection.
(2) By the agent of the commissioner within 15 days prior to the expected date of operation at the start of each season. The director shall be notified at least 10 days prior to the inspection.
(3) By an agent of the commissioner, after having been completely or substantially disassembled and reassembled.
(4) By the operator, daily on days of operation and prior to operation, using an inspection form developed by the manufacturer, or if no such form exists, one approved by the director. Completed inspection forms shall be kept by the owner of the ride for a period of 2 years and shall be made available and open to inspection and copies shall be furnished to the commissioner or his or her agents upon request.
(5) By an agent of the commissioner, if warranted, after receipt of inspection reports.
(6) By an agent of the commissioner, at unannounced times.
(b) Carnival or amusement rides which are relocatable:
(1) By an agent of the commissioner, upon initial annual assembly in New Hampshire.
(2) By the operator on each day of operation, prior to operation, using the inspection form developed by the manufacturer, or if no such form exists, one approved by the director. The completed inspection forms shall be retained by the owner of the ride for a period of 2 years and shall be made available and open to inspection and copies shall be furnished to the commissioner or his or her agents upon request.
(3) By an agent of the commissioner, if warranted, after receipt of the inspection reports.
(4) By an agent of the commissioner at unannounced times.
II. Any person who operates a carnival or amusement ride without submitting to the inspections required by this section shall be guilty as provided in RSA 321-A:9 for a violation of RSA 321-A:5.

Source. 1983, 233:3. 1987, 124:6, I(d). 1988, 288:11. 2004, 58:7, 8. 2016, 133:3, 4, eff. Jan. 1, 2017.

Section 321-A:3

    321-A:3 Repealed by 1977, 393:3, eff. Aug. 4, 1977. –

Section 321-A:4

    321-A:4 Decal Required. – No person shall operate a carnival or amusement ride without a decal issued by the commissioner. The commissioner shall by rule, adopted pursuant to RSA 541-A, establish a reasonable fee for decals to cover the costs of administering this chapter. An operator shall apply for a decal to the commissioner on a form furnished by the commissioner and containing such information as the commissioner may require. No such decals shall be issued by the commissioner until proof of adequate insurance on each such ride, as provided in RSA 321-A:5, III, is certified by the owner or operator to the commissioner and the applicable fee has been paid.

Source. 1975, 473:2. 1977, 393:4; 600:102. 1983, 233:2. 1987, 124:21. 2003, 191:2, eff. June 30, 2003.

Section 321-A:5

    321-A:5 Registration With Commissioner. –
I. In addition to any other registration requirements imposed by law, all carnival or amusement operators doing business or intending to do business in this state shall annually register with the commissioner, except that this chapter shall not apply to any such operator regulated under RSA 225-A. The fees for such registration shall be established by the commissioner in compliance with RSA 541-A.
II. The operator shall list by make and serial number with the commissioner each piece of carnival equipment or amusement device that the operator operates which is designed to carry passengers. The commissioner shall issue, on an annual basis, an appropriate nontransferable decal for each such piece of equipment or device listed with the commissioner. The operator shall place such decal in a conspicuous location on the piece of equipment or device for which it is issued. Each decal shall bear the state seal and an identifying number.
III. Prior to obtaining any decals, a mobile base operator of carnival equipment or an amusement device shall provide to the commissioner:
(a) A certificate of insurance showing the operator as a named insured and confirming that insurance has been issued and is in force providing coverage for specified equipment or devices in a minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate. Such certificate shall include the provision that coverage shall remain in effect until the expiration date or if canceled by the insurer prior to the expiration date for any reason, the cancellation shall not take effect until 20 days after written notice received by the director that said certificate is being canceled and the reason or reasons for such cancellation.
(b) A report prepared by an agent of the commissioner which indicates that the carnival or amusement ride meets the safety specifications established by the commissioner pursuant to RSA 321-A:2.
IV. Prior to obtaining any decals, a fixed base operator of carnival equipment or an amusement device shall provide to the commissioner, on a form prescribed by him:
(a) A certificate of insurance showing the operator as a named insured and confirming that insurance has been issued and is in force providing coverage for specified equipment or devices at specified locations, in a minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate. Such certificate shall include the provision that coverage shall remain in effect until the expiration date or if canceled by the insurer prior to the expiration date for any reason, the cancellation shall not take effect until 20 days after written notice received by the director that said certificate is being canceled and the reason or reasons for such cancellation.
(b) A report prepared by an agent of the commissioner which indicates that the carnival or amusement ride meets the safety specifications established by the commissioner pursuant to RSA 321-A:2.

Source. 1977, 393:4. 1986, 157:4. 1987, 124:6, I(d); 415:3, 4. 2004, 58:9, 10. 2016, 133:5-7, eff. Jan. 1, 2017.

Section 321-A:6

    321-A:6 Newly-Developed Rides; Altered Mechanisms. – When applying for a decal for a newly-developed type of carnival or amusement ride or whenever any additions or alterations are made which change the structure, mechanism, classification or capacity of any carnival or amusement ride the operator shall file with the commissioner a notice of the operator's intention and any plans or diagrams requested by the commissioner.

Source. 1977, 393:4. 1987, 124:6, I(d). 2016, 133:8, eff. Jan. 1, 2017.

Section 321-A:7

    321-A:7 Temporary Suspension. – The commissioner may order, in writing, a temporary suspension of operation of a carnival or amusement ride if it has been determined after inspection to be hazardous or unsafe, or the required insurance coverage is not in effect or has expired, or a notice of cancellation has been issued; and an agent of the commissioner may order an immediate suspension of operation of a carnival or amusement ride if an inspection reveals that such ride is hazardous or unsafe, or the required insurance is not in effect or has expired, or a notice of insurance cancellation has been issued. Operation shall not resume until such conditions are corrected to the satisfaction of the commissioner or his designee.

Source. 1977, 393:4. 1987, 124:6, I(d). 1988, 288:12. 2016, 133:9, eff. Jan. 1, 2017.

Section 321-A:8

    321-A:8 Appeals. – Any person who is aggrieved by a decision of the commissioner or his or her designee may petition the commissioner for a review of said decision within 30 days. The commissioner shall, if necessary, order a hearing to be held within 15 days of receipt of such petition. Thereafter, any person aggrieved by a decision of the commissioner or his or her designee may appeal therefrom in accordance with RSA 541.

Source. 1977, 393:4. 1987, 124:6, I(d). 2016, 133:10, eff. Jan. 1, 2017.

Section 321-A:9

    321-A:9 Penalty. – Any person convicted of operating a carnival or amusement ride without having first registered it with the commissioner, as provided in RSA 321-A:5, or violating the rules adopted by the commissioner, as provided in RSA 321-A:2, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Any operator or owner who operates after a suspension, as provided in RSA 321-A:7, shall be guilty of a violation for each day of illegal operation.

Source. 1977, 393:4. 1987, 124:20, eff. July 1, 1987.

Section 321-A:10, 321-A:11

    321-A:10, 321-A:11 Repealed by 2010, 368:1(51), eff. Dec. 31, 2010. –