An amusement attraction may not operate unless the amusement owner has purchased insurance for the amusement attraction in accordance with this subtitle. Except for testing and inspection, an amusement attraction may not be operated unless the Commissioner has issued a certificate of inspection for the amusement attraction.

The Commissioner shall inspect: annually, each amusement attraction at an amusement park; annually, each inflatable amusement attraction in which, while in contact with the attraction, an individual is 4 feet or more above the ground; except for an inflatable amusement attraction, each amusement attraction, if moved, before it begins operation at another location; and each new or modified amusement attraction before it begins public operation. An amusement owner shall notify the Commissioner before operating an amusement attraction that is new, modified, or reconstructed. An owner or lessee of a carnival or fair shall: notify the Commissioner in writing at least 30 days before opening the carnival or fair at each location; and give the Commissioner immediate notice of a change in the schedule of locations or dates if the schedule changes after notification. The Commissioner shall issue to an amusement owner a certificate of inspection for each amusement attraction at a carnival, fair, or amusement park if: after inspection the Commissioner finds that the amusement attraction complies with this title and the regulations adopted under it; and the amusement owner submits to the Commissioner a certificate of insurance for the amusement attraction as required by § 3–403 of this subtitle. A certificate of inspection for an amusement attraction at an amusement park expires not more than 1 year after the date of issuance. A certificate of inspection for an amusement attraction at a fair or carnival expires not more than 30 days after the date of issuance. A certificate of inspection for an inflatable amusement attraction in which, while in contact with the attraction, an individual is 4 feet or more above the ground expires not more than 1 year after the date of issuance. The certificate of inspection shall be posted in plain view on the amusement attraction. On information or notification of an accident or complaint that involves an amusement attraction, the Commissioner shall investigate the accident or complaint and inspect the amusement attraction.

An amusement owner shall obtain insurance against liability for injury to an individual that arises out of the use of an amusement attraction. The insurance shall be in the amount of at least: $350,000 for an amusement ride that operates by mechanical means; or $200,000 for: an amusement ride that operates only by human power or gravity, including a water slide or water flume; or any other amusement attraction. An amusement owner shall obtain insurance from an insurer or surety that is acceptable to the State Insurance Commissioner. A county where an amusement attraction is located may buy, on behalf of a nonprofit organization, the amount of insurance required under this section for the amusement attraction. A county that merely buys insurance for an amusement owner is immune from liability under § 5–516 of the Courts and Judicial Proceedings Article. This subsection applies to a nonprofit community service corporation that: is incorporated under Maryland law; is authorized to collect charges or assessments by a covenant running with the land; and has gross annual revenues of at least $15,000,000. A nonprofit community service corporation complies with the insurance requirements of this section for an amusement attraction that the corporation owns and operates if the corporation is self–insured for at least $1,000,000 against liability for injury that arises out of the use of the amusement attraction: under regulations that the State Insurance Commissioner adopts; or until the State Insurance Commissioner adopts regulations, with the approval of the State Insurance Commissioner, if the corporation is authorized by a covenant running with the land to collect a payment or charge based on the value of real property. A nonprofit community service corporation that elects to self–insure shall submit periodically in writing to the State Insurance Commissioner the conditions of self–insurance. The conditions of self–insurance must: be approved by the State Insurance Commissioner; and conform with the conditions of comprehensive liability insurance policies available in the private market.

Each amusement owner who operates an amusement attraction in the State shall: keep and make available to the Commissioner records about the activities of the amusement owner under this title; and keep accurate records of, and submit periodic reports to the Commissioner on, injuries to the public that occur during use of amusement attractions other than injuries that: are minor; require only first-aid treatment; and do not involve medical treatment or loss of consciousness. Whenever a death or serious physical injury results from the operation of an amusement attraction: the person who directly controls the operation of the amusement attraction immediately shall close the amusement attraction until it has been inspected by the Commissioner; the amusement owner shall report the incident orally or in writing to the Commissioner within 24 hours; and the Commissioner shall inspect the amusement attraction within 24 hours after receiving notice of the incident.

The Commissioner may prohibit use of an amusement attraction if, after an inspection or investigation, the Commissioner finds that: the amusement attraction violates a regulation adopted under this title; and there is a substantial probability of death or serious physical injury from continued use of the amusement attraction. To prohibit use of an amusement attraction, the Commissioner shall give an amusement owner written notice that prohibits use of the amusement attraction. The Commissioner shall post a copy of the notice on the amusement attraction. Only the Commissioner may remove the copy of the notice. The amusement attraction may not be operated until it is made safe for public use and each required safeguard is provided. A person who is aggrieved by a decision of the Commissioner under this section may appeal to a court of competent jurisdiction in accordance with the Maryland Rules. The filing of an appeal does not stay the decision of the Commissioner. However, after giving the Commissioner notice and an opportunity for a hearing, the court in which the appeal is pending may stay the decision of the Commissioner on conditions that the court considers proper. The conditions may include a requirement to post security.

In this section, “workday” means a day that is not a Saturday, a Sunday, or a State holiday. If, after an inspection or investigation, the Commissioner finds that, within the immediately preceding 6 months, an amusement owner has violated this title or an order passed or regulation adopted under this title, the Commissioner promptly shall issue a citation to the amusement owner. Each citation shall: describe, in detail, the nature of the alleged violation; cite the provision of this title, order, or regulation that the amusement owner is alleged to have violated; and set a reasonable time for correction of the alleged violation. Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the amusement owner a notice that: states the proposed civil penalty, if any, that the Commissioner intends to impose under this title; and informs the amusement owner of the right to a hearing under this section. In accordance with any regulation that the Commissioner adopts under this title, an amusement owner who receives a citation shall post the citation or a copy of it conspicuously at or near each place where the citation alleges that a violation occurred. Within 15 workdays after an amusement owner receives a notice under subsection (d) of this section, the amusement owner may submit to the Commissioner a written request for a hearing on the citation or proposed civil penalty. Unless an amusement owner requests a hearing as provided in this section, a citation and a notice of a proposed civil penalty are final orders. After an opportunity for a hearing under this section, the Commissioner may pass an order that affirms or modifies a requirement of a citation for correction of a violation if the amusement owner shows that the amusement owner: has made a good faith effort to comply with the requirement; but has not complied because of a factor beyond the reasonable control of the amusement owner. An amusement owner shall correct each violation for which the Commissioner issues a citation within the time set for correction in a final order under this subtitle. If the Commissioner has reason to believe that an amusement owner has failed to correct a violation in a timely manner, the Commissioner shall send by certified mail to the amusement owner a notice that: states that the amusement owner has failed to correct the violation; states the proposed civil penalty, if any, that the Commissioner intends to impose under this title for the failure; and informs the amusement owner that, within 15 workdays after receipt of the notice, the amusement owner may submit to the Commissioner a written request for a hearing on the failure to correct the violation or proposed civil penalty. Unless an amusement owner requests a hearing as provided in this section, the notice, including any proposed civil penalty, is a final order. Whenever the Commissioner receives a request for a hearing made in accordance with this section, the Commissioner shall hold a hearing. To the extent practicable, the hearing shall be held within 30 days after receipt of the request. The Commissioner shall give notice and hold the hearing under this section in accordance with Title 10, Subtitle 2 of the State Government Article. If a hearing examiner or other officer is appointed to hold a hearing under this section, the officer shall prepare a record that includes testimony. The officer shall submit a report to the Commissioner and send a copy of the report to any amusement owner affected by the report. The report becomes final unless, within 10 workdays after the report, the amusement owner submits a written request for a review of the proceeding by the Commissioner. After a review of a proceeding under this subsection, with or without a hearing, the Commissioner shall pass an order based on findings of fact. The order shall affirm, modify, or vacate the citation or proposed civil penalty or direct other appropriate relief. An order of the Commissioner under paragraph (4) of this subsection is final 15 days after passage of the order.