Simple answer - nobody. Rides are built with a safety envelope these days. The kinematic envelope of the car has riders and their arms (and legs for suspended coasters) added to it, and the structure is built to clear this envelope. If any part of structure encroaches on this safety envelope, it must be modified before operating. Older rides however, frequently flout it which is quite funny. It's a case of new things having to conform to modern regulations, and old things being allowed to stay as they are in a lot of cases. Silly, but true.
Allen and Cobb coasters with the taller handrails, built from the late 70s onwards don't actually have a safe envelope as their trestle legs are on 8' centres and you can touch the handrails and passing structure with your fingers. GASM at your home park for instance, had its handrails raised a foot as Allen built them 2'6" tall before regulations stipulating 3'6" came in, and as the structure uses the old 8' centres, the legs and handrails are slightly too close to the cars - that's why some Allen/Cobb coasters now have pads fitted to the cars to make it harder to stick your arms out the side.