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Ride at your own risk: State regulators not tracking permits, inspections at carnivals

MEMPHIS, Tenn. — Everyone loves a good thrill ride.

However, the On Your Side Investigators uncovered documents revealing the very agency in charge of making sure zip lines and amusement park rides are safe in Tennessee may not be getting the job done.

A recent state audit revealed serious problems in the Amusement Devices Division at the Department of Labor and Workforce Development.

Lisa Williams is a legislative auditor for the State Comptroller’s Office.

“Not only did they not have any staff, but they didn’t seem to know exactly how many amusement rides there were, how many they’re supposed to be keeping up with,” Williams said.

She says at the time of the audit, the Amusement Devices Division had lost its only inspector and manager.

Ironically, those were the same employees the On Your Side Investigators did a ride along with just months prior for a zip line inspection.

In addition to losing staff, the audit revealed the unit wasn’t keeping records or properly tracking rides and permits.

Williams said, “When we asked them how many permits they had, they gave us one number, and when we asked them okay, how many individual rides do you have, they say, we don’t track that.”

According to the Division’s own rules, it will only provide permits to operate a ride after proof of insurance and an inspection, which can be done by the state or a third party.

Turns out, it’s not keeping those either!

After the audit, the On Your Side Investigators decided to dig a little deeper.

We asked the Division for a list of parks and devices, along with copies of inspections.

The Division’s administrator, Kim Jefferson, told WREG by email, “There are no previous records. Records were not properly maintained.”

So, it’s still not clear how they at least made note of inspections in order to issue permits.

WREG asked Wiliams, “What’s your reaction to know that they didn’t keep these records?”

She replied, “That’s a serious problem.”

The agency did send us inspections done after the audit.

None of the venues were in West Tennessee, and most of the places inspected didn’t have state permits. Many of them also checked “no” when asked if inspections had been performed annually.

Devices for fairs and carnivals weren’t the only inspections WREG received.

Inspectors also check carousels, bumper cars, and inflatables, but we talked to some local operators who hadn’t even heard of those rules.

The Amusement Devices Division refused our request for an on-camera interview.

Jefferson said the office is now keeping track of rides and inspections and building a database.

“Under our new process, inspection reports will be maintained electronically. Our database will distinguish whether the inspection was performed by a state inspector or a third party inspector,” Jefferson said in response to a list of questions WREG sent her office.

She also said the unit replaced the inspector for Middle Tennessee and hopes to add more staff in the future.

The Division doesn’t get additional state funding. It’s supposed to be self sufficient with fees for permits and other items funding the unit’s costs.

WREG also asked Jefferson for the number of accidents at Tennessee parks recently.

She replied, “To my knowledge, no serious physical injury, no serious incident, or fatality has occurred since 2004 in Tennessee. We are only required to track serious physical injuries, serious incidents and fatalities.”

We asked Williams, “What are we supposed to tell Tennessee parents?”

She said, “If you’re going to take some kind of ride where you are putting yourself in danger a little bit, to an extent, but, I would do some research on your own.”

Auditors presented their findings to a legislative committee in December, and they’ll follow up with the Division in a few months. Jefferson and staff members responded to the audit and were present to answer questions at the December hearing as well.

How to determine if the ride you’re about to take is safe

Despite the Division previously showing WREG what a state permit looks like, it’s clear from the audit and our investigation that consumers can’t necessarily count on a venue having one.

Furthermore, they’re not necessarily posted like restaurant scores for everyone to see.

Plus, if a family is in a large park, they may never encounter an office where a permit would hang.

With that said, experts say:

Who’s doing inspections in our area?

WREG talked with the operators of both the Mid-South Fair and Delta Fair. Rules are different in Mississippi; however, both use inspectors from the companies that furnish the rides.

Inspections are completed before the event opens and on a daily basis.

In Memphis, Shelby County Code Enforcement issues an operating permit and does “visual” inspections as well.

The City of Southaven also issues operating permits and officials from the Fire Department conduct additional walk-throughs.

Neither operator said it had ever submitted anything to the state.  Both said inspection reports for rides were maintained for a number of years.