N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 45-1.12

Current through Register Vol. 46, No. 43, October 23, 2024

Section 45-1.12 - Permit requirements and issuance procedures

(a) Permit required. No amusement device, viewing stand or tent may be operated in the State without a permit issued by the commissioner except as provided by section 45-1.2(c) of this Subpart.

(b) Application for permit. Before commencement of the operation of a permanent or temporary device, viewing stand or tent, the owner or lessee shall make written application to the commissioner for a permit to operate. The permit shall be valid for one year. The permit application shall contain the information listed below.

(1) The application form provided by the commissioner and a nonrefundable fee in the amount set forth by the commissioner. The check or money order must be made payable to the Commissioner of Labor.

(2) Proof that the amusement device, viewing stand or tent has passed all inspections required by section 45-1.11 of this Subpart.

(3) Proof of the liability insurance or bond required by section 45-1.7 of this Subpart.

(4) The location notice, if applicable, as required by section 45-1.9 of this Subpart.

(5) For viewing stands and tents the information required by section 45-5.5 of this Part for the approval of plans including a nonrefundable fee set forth by the commissioner.

(6) For tents, amusement devices and temporary structures proof of flame resistance as required by sections 45-2.23(a) and 45-5.7(a) of this Part.

(c) Revocation of permit. The commissioner may revoke any permit issued pursuant to this Subpart if it is determined that an amusement device, viewing stand or tent is:

(1) being used or operated without the inspections required by section 45-1.11 of this Subpart; or

(2) being used or operated without the insurance or other security required by section 45-1.7 of this Subpart; or

(3) being used or operated with a mechanical, structural or design defect which presents an excessive risk of serious injury to passengers or members of the public; or

(4) being used or operated without filing the location notice required by section 45-1.9 of this Subpart.

(d) Violations. Any other violation of this Part may result in a revocation, provided that written notice of non-compliance is served upon the owner specifying any violation of this Part and directing the owner to correct such violations within 30 days of receipt of such notice.

(e) Reapplication. Nothing herein shall prevent an owner whose permit to operate an amusement device, viewing stand or tent has been revoked pursuant to this Subpart from reapplying for a permit in accordance with this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 45-1.12