First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0237.01 Christy Chase SENATE BILL 11-075 SENATE SPONSORSHIP Guzman, HOUSE SPONSORSHIP (None), Senate Committees House Committees Business, Labor and Technology A BILL FOR AN ACT Concerning the regulation of inflatable play structures as part of the current regulation of amusement rides by the division of oil and public safety in the department of labor and employment. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Under current law, the division of oil and public safety (division) in the department of labor and employment regulates amusement rides, requiring registration and periodic inspection of the rides and financial responsibility of operators of the rides. Inflatable amusement rides are specifically exempted from this regulation. The bill requires the division, as part of its regulation of amusement rides, to also regulate inflatable amusements or play structures, which are defined as air-filled structures used for recreational purposes that are made of flexible fabric, are kept inflated by continuous air flow by one or more blowers, and rely on air pressure to maintain their shape. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 8-20-1001 (1), Colorado Revised Statutes, is amended, and the said 8-20-1001 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 8-20-1001. Definitions. As used in this part 10, unless the context otherwise requires: (1) "Amusement ride" means a ride or device, or a combination of rides or devices, as defined by rule of the division. except that "Amusement ride" shall not include includes an inflatable amusement rides or inflatable play structure. (4.5) "Inflatable amusement" or "inflatable play structure" means an air-filled structure used for recreational purposes that is made of flexible fabric, kept inflated by continuous air flow by one or more blowers, and relies on air pressure to maintain its shape. SECTION 2. 8-20-1002 (1) and (3), Colorado Revised Statutes, are amended to read: 8-20-1002. Duties of director - standards - certification of inspectors - fees - rules. (1) The director shall promulgate rules for the registration, construction, installation, repair, and maintenance of amusement rides and for the financial responsibility of operators. The rules shall require operators to submit a periodic certificate of inspection to the division for each amusement ride. The director shall establish minimum standards for the certification of inspectors and shall require each operator to submit the inspector's qualifications to the division with an annual registration application. The inspector for each amusement ride shall be an independent third-party inspector. (3) The director may prohibit the operation of an amusement ride that does not meet the registration, construction, installation, repair, inspection, and maintenance requirements established by the division pursuant to subsection (1) of this section. SECTION 3. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.