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The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Amusement attraction.” 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. The term does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, science, religion or the arts.
“Amusement park.” A tract or area used principally as a location for permanent amusement structures or rides.
“Amusement ride.” Any device that carries, suspends 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.
“ASTM.” American Society for Testing Materials.
“ASTM standards.” Standards promulgated by the ASTM entitled Standard Guide for the Classification of Amusement Ride and Device Related Injuries and Illnesses, designated ASTM F 1305, or its successor, which provide procedures for the uniform classification of data related to amusement ride and device injuries and illnesses.
“Board.” The Amusement Ride Safety Advisory Board.
“Carnival.” An itinerant enterprise consisting principally of temporary amusement structures or mechanical rides.
“Department.” The Department of Agriculture.
“Fair.” An enterprise principally devoted to the periodic and recurring exhibition of products of agriculture, industry, education, science, religion or the arts that has one or more amusement rides or attractions operated in conjunction therewith in either temporary or permanent structures.
“Kiddy ride.” Any amusement ride or attraction designed for use by children up to 12 years of age.
“Major ride.” Any amusement ride or attraction that is not a kiddy ride.
“Minor injury or illness.” An injury or illness that results in treatment which is limited to such things as the dispensation of over-the-counter medication or plastic adhesive strips, cleansing, rest and other similar duties or assistance.
“New amusement ride or attraction.” An amusement ride or attraction of a design not previously operated in the State and for which no standards and regulations have been adopted.
“OABA.” Outdoor Amusement Business Association.
“Operator.” Any person or persons actually engaged in or directly controlling the operation of an amusement ride or attraction.
“Owner.” A person who owns an amusement ride or attraction. The term excludes the State or its political subdivisions.
“Permanent structure.” A structure, enclosure or arrangement of parts, used or intended to be used for or as an amusement ride or attraction, that is erected to remain a lasting part of the premises.
“Qualified inspector.” A person certified by the department, who, by education, training or experience, is knowledgeable with amusement ride operating manuals and the psychological effects each ride has upon a passenger. Such person shall also be experienced in the erection and dismantling of amusement rides and shall be familiar with the specific equipment with that particular operator.
“Secretary.” The Secretary of Agriculture.
“Serious injury or illness.” An injury or illness that requires:
(1) offsite emergency first aid;
(2) offsite medical treatment, whether it is administered or recommended or may be required at a future date;
(3) observation by a licensed physician; or
(4) admission to a hospital.
The term also includes an injury or illness that results in death, dismemberment, significant disfigurement or permanent loss of the use of a body organ, member, function or system.
“Temporary structure.” A structure, enclosure or arrangement of parts, used or intended to be used for or as an amusement ride or attraction, that is relocated from time to time with or without disassembly.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 4 P.S. Amusements § 402. Definitions - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-4-ps-amusements/pa-st-sect-4-402.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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