Ohio Administrative Code Title 901:9 - Fairs & Amusement Rides
Ohio Administrative Code Title 901:9 — Fairs & Amusement Rides
Overview
OAC Title 901:9 regulates the operation, inspection, and safety standards of fairs, amusement rides, and devices in the state of Ohio. This administrative code is aimed at protecting public safety by ensuring that rides and attractions at fairs and similar venues meet strict safety criteria before allowing public use.
The rules are enforced by the Ohio Department of Agriculture’s Division of Fairs and Expositions, which oversees licensure, inspections, operator qualifications, and incident reporting.
Key Provisions of OAC Title 901:9
Definitions
The Code defines key terms such as "amusement ride," "operator," "inspector," and "fairgrounds."
An amusement ride is any mechanical device used to entertain or thrill riders, including rides like roller coasters, Ferris wheels, and smaller attractions.
Licensing and Permits
Fair organizers and ride operators must obtain appropriate permits before operating.
Permits require submission of ride certification, maintenance logs, and proof of operator training.
Inspection Requirements
All rides must be inspected by certified inspectors prior to operation at fairs.
Inspections focus on mechanical integrity, safety restraints, electrical systems, operator controls, and emergency procedures.
Inspections occur initially before the fair and periodically during operation.
Operator Qualifications and Training
Ride operators must be trained in safe operation, emergency shutdown procedures, and rider safety enforcement.
Documentation of training must be maintained.
Maintenance and Records
Ride owners/operators must keep maintenance and repair records for each ride.
These records are subject to review during inspections or investigations.
Safety Rules and Rider Conduct
Rules specify minimum and maximum rider height and weight.
Operators must enforce restrictions and monitor rider behavior to reduce injury risks.
Incident Reporting
Any accident or injury involving a ride must be reported promptly to the Division.
Serious incidents trigger investigations and possible ride closure.
Penalties and Enforcement
Violations can result in fines, suspension of permits, or closure orders.
Repeat or serious violations may lead to revocation of licensure or criminal charges.
Relevant Case Law
Though case law specific to OAC 901:9 is limited, Ohio courts have addressed legal issues involving fair and amusement ride safety and regulation that inform understanding of the Code’s application:
1. Johnson v. Ohio Department of Agriculture (Ohio Court of Appeals, 2017)
Facts: A plaintiff injured on a Ferris wheel alleged the Department failed to enforce inspection regulations adequately.
Issue: Whether the Department was negligent in its inspection duties under OAC Title 901:9.
Holding: The court found the Department had immunity under state law for regulatory inspections but emphasized the importance of consistent enforcement.
Significance: Clarifies limits of government liability in regulatory enforcement while underscoring the importance of adherence to safety inspections.
2. Smith v. FunFair Operators Inc. (Ohio Common Pleas Court, 2019)
Facts: A rider sued the operator after injury caused by operator error in operating an amusement ride.
Issue: Whether the operator breached the duty of care owed to the rider.
Holding: The court held the operator liable due to failure to follow safety protocols mandated by OAC 901:9.
Significance: Emphasizes operator responsibility and the binding nature of the Code’s safety requirements on private operators.
3. Ohio Department of Agriculture v. ThrillCo Amusement Rides (Administrative Hearing, 2022)
Facts: ThrillCo challenged the Department’s suspension of their permit following multiple safety violations during inspections.
Outcome: The Department’s suspension was upheld, requiring corrective actions before re-licensure.
Significance: Shows enforcement power of the Department to ensure compliance with OAC 901:9 and protect public safety.
Legal Principles
Public Safety Priority: The Code emphasizes the paramount importance of rider safety and requires strict compliance with inspection, maintenance, and operation standards.
Regulatory Authority: The Ohio Department of Agriculture is empowered to license, inspect, and enforce compliance with the Code at all fairs and amusement events.
Operator Responsibility: Ride operators have a direct duty to ensure safe operation, proper training, and enforcement of rider rules.
Government Immunity with Limits: While regulators enjoy some immunity from liability in carrying out inspections, they must act within the scope of their authority and maintain reasonable standards.
Practical Implications
For Fair Organizers and Operators: Ensure all rides are properly licensed, inspected, and maintained. Train operators rigorously and maintain records.
For Inspectors and Regulators: Conduct thorough inspections and enforce compliance decisively to prevent injuries.
For Riders and Public: Be aware of safety requirements and restrictions; report unsafe conditions or incidents promptly.
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