2017 ORS 460.355¹
Rules
  • required standards of care
  • exemption of regulated or inspected rides or devices

(1) In adopting rules pursuant to ORS 460.360 (Rules) (1), applicable to equipment mentioned in ORS 460.310 (Definitions for ORS 460.310 to 460.370) (2)(b), the Department of Consumer and Business Services shall be guided by the safety standards approved by ASTM International.

(2) The owner or operator shall be deemed not a common carrier; however, such owner or operator shall exercise the highest degree of care for the safety of users.

(3) If the department finds that the United States Forest Service or other agency of government has jurisdiction over and regulates and provides inspection of the equipment mentioned in ORS 460.310 (Definitions for ORS 460.310 to 460.370) (2)(b) pursuant to promulgated safety standards not lower than provided by ORS 460.310 (Definitions for ORS 460.310 to 460.370) to 460.370 (Deposit of fees), it shall by its rules exempt operators from the requirements of ORS 460.310 (Definitions for ORS 460.310 to 460.370) to 460.370 (Deposit of fees).

(4) The department shall adopt rules to:

(a) Govern the issuance, renewal, suspension and revocation of permits and certificates of competency issued under ORS 460.310 (Definitions for ORS 460.310 to 460.370) to 460.370 (Deposit of fees).

(b) Govern the internal organization and procedure of the department for administering and enforcing ORS 460.310 (Definitions for ORS 460.310 to 460.370) to 460.370 (Deposit of fees).

(c) Govern reports by the department’s staff of amusement ride inspectors on amusement rides or devices inspected by them.

(d) Set permit fees sufficient to pay but not to exceed the department’s costs of carrying out the amusement ride program.

(5) In adopting rules under this section, the department shall consider:

(a) Technological advances in the amusement ride industry.

(b) The practicability of following the standards under consideration, if adopted.

(c) The probability, extent and gravity of the injury to the public or property that would result from failure to follow the standards under consideration.

(d) Safety standards followed, proposed or approved by responsible members of the amusement ride industry and by ASTM International. [1967 c.295 §3; 1981 c.566 §13; 1985 c.705 §6; 1993 c.18 §116; 1993 c.164 §6; 1993 c.744 §247; 2013 c.1 §68]

1 Legislative Counsel Committee, CHAPTER 460—Elevators; Amusement Rides and Devices, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors460.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.