(See Editor's notes.) Definitions

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As used in this article, the term:

  1. "Amusement ride" means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is not permanently fixed to a site.
  2. "Authorized person" means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or his or her representative.
  3. "Certificate fee" means the fee charged by the office for a certificate to operate an amusement ride.
  4. "Certificate of inspection" means a certificate issued by a licensed inspector that an amusement ride meets all relevant provisions of this article and the standards and regulations adopted pursuant thereto.
  5. "Commissioner" means the Safety Fire Commissioner.
  6. "Licensed inspector" means a registered professional engineer or any other person who is found by the office to possess the requisite training and experience to perform competently the inspections required by this article and who is licensed by the office to perform inspections of amusement rides.
  7. "Operator" means a person or persons actually engaged in or directly controlling the operation of an amusement ride.
  8. "Office" means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations.
  9. "Owner" means a person, including the state or any of its subdivisions, who owns an amusement ride or, in the event that the amusement ride is leased, the lessee.
  10. "Permit" means a permit to operate an amusement ride issued to an owner by the office.
  11. "Permit fee" means the fee charged by the office for a permit to operate an amusement ride.
  12. "Standards and regulations" means those standards and regulations formulated and enforced by the office.

(Code 1981, §34-12-2, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 1986, p. 330, § 1; Ga. L. 1995, p. 366, § 1; Ga. L. 2001, p. 873, § 18; Code 1981, §25-15-51, as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-2 as present Code Section 25-15-51; substituted "article" for "chapter", and substituted "office" for "department" throughout this Code section; deleted former paragraph (1), which read: "Reserved."; redesignated former paragraphs (2) and (3) as present paragraphs (1) and (2), respectively; twice inserted "or her" in paragraph (2); redesignated former paragraph (3.1) as present paragraph (3); substituted "Safety Fire Commissioner" for "Commissioner of Labor" in paragraph (5); deleted former paragraph (6), which read: "'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations."; redesignated former paragraphs (7) and (8) as present paragraphs (6) and (7), respectively; and added paragraph (8).

For application of this statute in 2020, see Executive Orders 05.12.20.02, 05.28.20.02, 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02. 08.15.20.01, and 08.31.20.02.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, "the" was inserted in paragraph (5).

OPINIONS OF THE ATTORNEY GENERAL

"Amusement ride" construed.

- Department of Labor is required to inspect triple-passenger push-button controlled rides, but not playground equipment such as "kid mazes" and "ball crawls" which do not have a mechanical device. 1990 Op. Att'y Gen. No. 90-43.


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