56 Ill. Adm. Code 6000.40
Application for a Permit to Operate
Section 6000
Section 6000.40 Application
for a Permit to Operate
a) No amusement ride or amusement attraction shall be operated
for public use at a carnival or fair in this State without a permit having been
issued by the Director to the owner of that equipment.
b) The permit will be valid for one calendar year (January 1
through December 31). A permit is not transferable and, if the owner transfers
ownership of the amusement ride or amusement attraction, all rights secured
under the permit are terminated. Upon sale or transfer of ownership of the ride
or attraction, the permit holder must notify the Department and remove the
physical permit from the ride or attraction. The new owner must acquire a new
permit from the Department before operating the ride or attraction.
c) At least 30 days prior to the first day of operation or the
expiration of the permit, the owner or agent shall apply to the Director for a
permit to operate in Illinois. The application shall be made on a form to be
supplied by the Department and be accompanied by a certificate of insurance in
the amount as set forth in Section 2-14 of the Act, Non-Destructive Test
Certificates as required by Section 6000.280, the times and places where the amusement
rides or amusement attractions will be available for inspection, and a check,
money order or form of electronic payment through E-Pay for the required fees.
The
Director may waive the requirement that an application for a permit must be
filed at least 30 days prior to the first day of operation or the expiration of
the permit if the applicant gives satisfactory proof to the Director that the
applicant could not reasonably comply with the date requirement and if the
applicant immediately applies for a permit after the need for a permit is first
determined. The Director may accept applications for a permit not filed at
least 30 days prior to the first day of operation or the expiration of the
permit only if the applicant applies for the permit prior to the inspection of
the ride or attraction.
[430 ILCS 85/2-10]
d) Inspections will be scheduled as expeditiously as practicable,
considering the availability of inspectors, the location of the sites to be
inspected, and the complexity of the inspection. An applicant must submit all
of the required application materials, fees, insurance certificates and testing
certificates at least 30 calendar days in advance of the first operation by the
applicant in the State of Illinois.
e) If an amusement ride or amusement attraction undergoes a major
alteration or is repaired after a major breakdown, it shall be reinspected.
f) The Department's website shall outline the most current method
of applying for a permit and paying for fees. Without exception, payment may
not be made to an inspector.
g) No permit will be issued if the owner or agent fails to comply
with the Act, the procedures set forth in this Part, or if there are any:
1) Outstanding charges or fees;
2) Open Stop Operation Orders;
3) Modifications, repairs, or maintenance procedures that are not
in accordance with manufacturer's standards; or
4) Misrepresentations or material omissions on documents or
information submitted to the Department, as determined by the Director.
h) In
order to keep the Department informed regarding the operation of relocatable or
mobile amusement rides or amusement attractions, the owner or the person who
will be operating or who controls or has the duty to control the operation of
the amusement ride or amusement attraction shall submit, with the required
registration application, a tentative itinerary and/or route sheet providing
dates and locations of expected operation in the State of Illinois. Throughout
the operating season, this itinerary and/or route sheet shall be updated
through written submission of notices as to additional operating periods or
locations as soon as practicable but prior to operation. The itinerary and/or
route sheet shall be submitted on a form to be supplied by the Department and
shall include the following:
1) the name of the
company;
2) the
name of the event and/or the event contact person and telephone number;
3) the location address of
the event;
4) the
date and time the amusement ride or amusement attraction is scheduled to arrive
at the location;
5) the
date and time the amusement ride or amusement attraction is scheduled to begin
operation; and
6) the
last date and time the amusement ride or amusement attraction is scheduled to
be in operation at that location.
i) The Department shall maintain the confidentiality of all
route sheets as authorized by Section 7(1)(g) of the Freedom of Information
Act.
j) Waiver
of inspection.
The Director may waive the requirement that an amusement ride
or amusement attraction or any part thereof be inspected before being operated,
and may waive any applicable fees for inspection, if an operator gives
satisfactory proof to the Director that the amusement ride or amusement
attraction or any part thereof has passed an inspection conducted by a public
or private agency whose inspection standards and requirements are at least as
stringent as those requirements and standards established by the Department
under the provisions of this Act. The Department may compel any documentation
or evidence necessary to prove compliance with the requirements of Section 2-17
of the Act. The owner or operator shall pay any annual permit fees before the
Director may waive this requirement.
[430 ILCS 85/2-18]