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Subpart 45-1

GENERAL PROVISIONS Sec.

45-1.1

Purpose and intent

45-1.2

Application

45-1.3

Definitions

45-1.4

General responsibility for compliance

45-1.5

Amusement devices, temporary structures, viewing stands or tents not in compliance

45-1.6

Assembly and disassembly

45-1.7

Liability insurance

45-1.8

Reports of injuries

45-1.9

Location notice and equipment inventory

45-1.10

Annual inspection—designee qualifications

45-1.11

Inspections

45-1.12

Permit requirements and issuance procedures

45-1.13

Prohibited use

45-1.14

Wind and storm hazards

45-1.15

Imminent danger

45-1.16

Lighting

45-1.17

Cleanliness

45-1.18

Severability

 

Historical Note: Subpart (§§45-1.1 – 45-1.18) filed Aug. 11, 1994 eff. Jan 1, 1995.

§ 45-1.1 Purpose and intent:

(a) The purpose of this Part (rule) is to guard against personal injuries in the assembly, disassembly and use of amusement devices, temporary structures, viewing stands and tents at carnivals, fairs and amusement parks.

(b) It is the intent of this Part (rule) that such devices, structures, viewing stands and tents shall be so designed, constructed, assembled or disassembled, maintained and operated as to prevent such injuries.

 

Historical Note: Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995

§ 45-1.2 Application.

(a) The provisions of this Part (rule) apply to:  amusement devices, temporary structures, viewing stands and tents used in carnivals, fairs and amusement parks, where an admission or fee is customarily or usually charged, which are located within the state; owners and managers of such devices, structures, viewing stands and tents; and persons employed in connection with the same and to their employees.

(b) This Part (rule) shall not apply to single passenger, coin-operated, manually, mechanically or electrically operated amusement devices, except where admission is charged for the use of the equipment, nor shall this article be construed so as to limit the right of any person to conduct any hotel, restaurant or eating place at any amusement park.

(c) An amusement device, temporary structure, viewing stand or tent operated in a carnival, fair or amusement park located in a city having a population of over one million shall not be subject to the provisions of this Part (rule) provided that all requirements of Subpart 45-

 

1.12 relating to the issuance of a permit by the Commissioner have been satisfied.

(d) The applicable provisions of this Part (rule) shall not apply to the use of a viewing stand or tent on any state or county owned fairgrounds or to the use of a viewing stand or tent owned, leased or operated by any bona fide religious, charitable, educational, fraternal, service, veteran or volunteer firefighter organization; except that it shall apply to any private owner or lessee who operates an amusement device, viewing stand or tent on a state or county fairground, or for or on behalf of such organization.

(e) Nothing in this Part (rule) shall be so construed as to prevent municipalities from enacting regulations more restrictive than the provisions set forth in this Part (rule).

 

Historical Note:    Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000. Amended (b).

 

§ 45-1.3 Definitions.

As used in this part (rule):

(a) Amusement park means a tract or area used principally as a permanent location for amusement devices or structures.

(b) Carnival means an itinerant enterprise consisting principally of temporary amusement devices or acrobatic or magic shows, games, stunts, or zoo animals operated to provide entertainment or amusement to the public.

(c) Fair means an enterprise principally devoted to the exhibition of the products of agriculture or industry and at which amusement devices, temporary structures, viewing stands or tents are provided for use by the public.

(d) Commissioner means the Commissioner of Labor of the state.

(e) Owner means a person, corporation, partnership or association who owns an amusement device, temporary structure, viewing stand or tent, or in the event that the amusement device, viewing stand or tent is leased, the lessee.

(f) Manager means a person having possession, custody, or managerial control of an amusement device, temporary structure, viewing stand or tent, at a carnival, fair or amusement park, whether as owner, lessee, agent or otherwise.

(g) Injury means any personal injury which results in medical treatment.

(h) Serious injury means a personal injury which results in death; dismemberment; significant disfigurement; a compound or comminuted fracture; or permanent loss of a body organ, member, function or system; or loss of consciousness resulting in hospitalization.

(i) Safety Coordinator means a person suited by training or experience and designated by the owner or operator of an amusement park, fair or carnivals being in charge of the safety of all amusement devices located at the park, fair, or carnival.

(j) Severe centrifugal force means a force which could cause a serious injury to passengers, employees or bystanders should an amusement device, which operates with such force, cease to operate properly or should restraining mechanisms on the device fail.

 

Historical Note:    Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000. Amended (b).

 

§ 45-1.4 General responsibility for compliance.

Every manager and owner of an amusement device, temporary structure, viewing stand or tent shall comply with or effect compliance with all provisions of this Part (rule), and every employer and employee shall comply with all provisions which concern or affect his conduct.

Historical Note:    Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

§ 45-1.5 Amusement devices, temporary structures, viewing stands or tents not in compliance.

An amusement device, temporary structure, viewing stand or tent which is in violation of any of the substantive safety provisions of this Part (rule )shall not be used or occupied.

Historical Note:    Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000.

 

§ 45-1.6 Assembly and disassembly.

(a) Competent supervision. The assembly and disassembly of an amusement device, temporary structure, viewing stand or tent shall be done by or under the immediate supervision of a person experienced and instructed in the proper performance of such work in respect to the device, structure, viewing stand or tent.

(b) Quality of assembly work. Assembly work shall be performed in a proper and workmanlike manner. Parts shall be properly aligned, and shall not be bent, distorted, cut or otherwise injured to force a fit. Parts requiring lubrication shall be lubricated in course of assembly. Fastening and locking devices, such as bolts, cap screws, cotter pins, lock washers, etc. shall be installed where required. Nuts shall be drawn tight, cotter pins shall be spread and lock nuts firmly set.

(c) Quality and inspection of parts. Parts which are excessively worn or which have been materially damaged shall not be used. Close visual inspection of parts shall be made during assembly to discover such wear or damage and immediate inspection of fastening devices shall be made after assembly to assure that they have been properly installed.

(d) Tools and equipment. Persons engaged in the assembly or disassembly of amusement devices, temporary structures, viewing stands or tents shall be provided with and shall use tools of proper size and design to enable the work to be done safely. Broken, damaged, and unsuitable tools shall not be used. Electrically operated tools shall be grounded during use.

(1) Ladders, scaffolds, and safety harnesses used in assembly or disassembly work shall be of such design, material and construction as to provide reasonable and adequate protection to the persons using them.

(2) Fiber rope used in assembly or disassembly work shall be standard quality manila or equivalent in strength.

(3) Tackle blocks shall be of a size to fit the rope. All load-carrying equipment shall be designed and constructed throughout to support the intended load.

(e) Lighting. Assembly and disassembly of amusement devices, temporary structures, viewing stands and tents shall be done under light conditions sufficient to permit the work to be properly performed and inspected.

(f) Persons in work area. A sufficient number of persons to do the work properly shall be engaged for the assembly or disassembly of amusement devices, temporary structures viewing stands and tents. Persons not so engaged shall be prevented from entering the area in which the work may create a hazard.

 

Historical Note:    Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000. Amended (b), (d)(1).

 

§ 45-1.7 Liability insurance.

Before the commissioner may issue a permit as required by section 45-1.12 of this Subpart to the owner or lessee of an amusement device, viewing stand or tent, the owner or lessee of such device, viewing stand or tent shall furnish the commissioner with proof that he has purchased insurance or posted cash or other security in an amount not less than $1,000,000 per occurrence or a bond in an amount not less than $2,500,000 in the aggregate against liability for injury to persons arising out of the use of the amusement device, viewing stand or tent. In the event such liability insurance is cancelled, the insurer shall give 30 days prior notice of such cancellation to the commissioner.

Historical Note:    Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000.

 

§ 45-1.8 Reports of injuries.

(a) The owner or lessee of any amusement device, viewing stand or tent which, during the course of its operation, is involved in an accident which results in an injury shall report such injury to the owner’s or lessee’s insurer.

(b) The owner or lessee of any amusement device, temporary structure, viewing stand or tent which during the course of its operation, is involved in an accident which results in a serious injury shall immediately report such injury to the commissioner or his authorized representative at the nearest Department of Labor Division of Safety and Health office.

(c) When a serious injury occurs involving the operation of an amusement device, temporary structure, viewing stand or tent, the owner or lessee shall immediately shut down the device, structure, viewing stand or tent from further use. The device, structure, viewing stand or tent shall not be moved or disturbed other than necessary for rescue and life saving operations until it has been inspected by the Commissioner or his authorized representative:

(1) In the case of an amusement device or temporary structure, the device or structure may not resume operation until the safety coordinator determines that the serious injury was not caused by a mechanical or structural defect in the amusement device or temporary structure.

(2) In the case of a viewing stand or tent, the stand or tent may not be occupied again until the Commissioner or the safety coordinator determines that the serious injury was not caused by a mechanical or structural defect in the viewing stand or tent.

(d) If the safety coordinator determines that a serious injury was caused by a mechanical or structural defect, the device or structure shall remain shut down until such repairs are completed and the device or structure is deemed operational by a licensed architect, professional engineer, qualified inspector of an insurance underwriter or an inspector approved by the Commissioner. An affidavit of such inspection and correction of defect shall be filed with the Commissioner.

 

Historical Note:    Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000. Amended (a) – (b).

 

§ 45-1.9 Location notice and equipment inventory.

The owner or lessee of an amusement device, viewing stand or tent shall provide a location notice and equipment inventory for each device, stand or tent to be used in New York State. The location notice and equipment inventory shall contain such information as deemed necessary by the commissioner and shall be filed at least 10 working days before the intended use of a device, stand or tent in New York State. No permit shall be issued to an operator who has not filed a location notice and/or an equipment inventory.

Historical Note:    Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000.

 

§ 45-1.10 Annual Inspection – designee qualifications.

(a) New York State licensed professional engineers, New York State registered architects, or qualified inspectors of an insurance underwriter are deemed to be qualified to perform annual renewal inspections of amusement devices, viewing stands, or tents, as provided under Section 870-e of the Labor Law.

(b) The commissioner is authorized to delegate responsibility for the annual inspection of amusement devices (which shall include temporary structures), or viewing stands or tents, as provided under Section 870-e of the Labor Law. To be approved to conduct such inspections, candidates must demonstrate appropriate training and experience, as follows, for each of the areas for which the candidate desires to be certified:

(1) a bachelor’s degree in occupational safety and health, civil, structural or mechanical engineering, or architecture;

(2) an associate’s degree in occupational safety and health, civil, structural or mechanical engineering, building construction or construction science;

(3) completion of a manufacturer’s training program in the assembly, disassembly, repair, inspection and maintenance of amusement devices, or viewing stands or tents, plus three years of full-time experience in implementing the fundamentals of the training program;

(4) five years of full-time experience in the assembly, disassembly, repair, inspection and maintenance of amusement devices, or viewing stands or tents;

(5) one year of full-time experience as an amusement device safety evaluator or inspector for a public or private organization, including the full-time evaluation of the effectiveness of amusement device safety devices; or

(6) a satisfactory combination of the above.

(c) Candidates for inspector designee approval shall submit proof of all qualifying training and experience, such as, but not limited to, school records, detailed certifications from employers, and other appropriate documents as may be required by the commissioner.

(d) Experience gained by an individual in inspecting amusement devices or tents or viewing stands of which he/she is an owner, lessee, operator or controlling principal shall not be considered toward meeting the above requirements.

(e) A certificate of approval issued by the commissioner authorizing an individual to inspect amusement devices or tents or viewing stands shall:

(1) be valid for three years from the date of issuance, unless such certificate is suspended or revoked by the commissioner; and

(2) not be valid authorization for that person to inspect amusement devices or tents or viewing stands of which he/she is an owner, lessee, employee or controlling principal.

(f) Approvals shall be issued only to individuals.

(g) This section shall not apply to inspectors of the New York City Buildings Department or other appropriate New York City agencies.

(h) Applicants for renewal of inspector designee certificates shall provide proof of:

(1) a total of 12 months of full-time experience as an amusement device, or tent, or viewing stand safety evaluator or inspector for a public or private organization, including the evaluation of the effectiveness of safety programs; and

(2) completion of a training program recognized by the commissioner in the assembly, disassembly, repair, inspection and maintenance of amusement devices, or viewing stands or tents.

 

Historical Note: Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000.

 

§ 45-1.11 Inspections.

(a) Required for permit. Before a permit may be issued as provided in Subpart 45-1.12 an inspection of the amusement device, viewing stand or tent shall be made in compliance with the procedures set by the Commissioner. Such inspection shall have been conducted within one year prior to the permit application, unless such period shall have been extended by operation of Subpart 45-1.11(b)(1) of this section.

(b) Maintenance and safety schedules. The owner or lessee of a device deemed by the Commissioner to normally be operated at speeds or with movements creating severe centrifugal forces shall have available for inspection such recommended maintenance and safety schedules or requirements as are supplied by the manufacturer of the device. An initial operating permit shall not be granted in the absence of these documents.

(1) Where such maintenance and safety schedules do not exist or are not available due to circumstances beyond the control of the owner or operator of an amusement device, the owner or operator shall, within six months of the discovery of the unavailability of such schedules, submit to the Commissioner a proposed schedule of maintenance for that amusement device consistent with the criteria in subdivision 45-1.11(b)(2). The submitted schedule of maintenance shall henceforth be the schedule with which the owner or operator must comply to qualify for annual operating permits.

(2) The schedule of maintenance shall include where applicable, but not be limited to, the following:

(i) A description of the device operation including the function and operation of its major components.

(ii) A description of the designed motions of the device during operation. (iii) A description of the procedures for installation, setup, disassembly and transportation of the device.

(iv) The recommended lubrication procedures including the types and specifications of lubricants; a drawing, chart or instruction showing the lubrication points, the frequency of lubrication and any special methods of lubrication.

(v) A description of the daily, pre-opening inspection required including identification of any special care areas and the procedure for the inspection and maintenance of such areas.

(vi) A description, including frequency, of recommended maintenance inspections and testing, other than that in (v) above.

(vii) The recommended wear limits or tolerances. (viii) The recommended operational tests, including the frequency of tests, which will allow the determination whether a device is operating within recommended prescribed operational limits.

(ix) The recommended nondestructive testing along with appropriate acceptance criteria and the special parts or areas to be tested.

(x) The recommended specifications for the use of replacement fasteners, and the recommended torque requirements for fasteners, if applicable. If appropriate, precautionary information relating to the continued use of fasteners that have been loosened or retorqued.

(xi) A description of the recommended maintenance procedures for electrical components.

(xii) The schematics of hydraulic and pneumatic systems including recommended pressures, location of component line specification, fitting specification, type of fluid, location chart and troubleshooting guide.

(xiii) A description of the recommended maintenance procedures for hydraulic and pneumatic systems and components.

(xiv) The recommended procedures to be following in an extended period of non-operation or storage.

(xv) A description of the recommended assembly and disassembly techniques and procedures pertaining to specific components, as deemed necessary. 

  (xvi) Any maintenance bulletins or similar documents, if available.

(3) None of the provisions contained in paragraph (1) of this subdivision shall be interpreted as to prevent the owner or operator of an amusement device from receiving an annual permit to operate such device during the proposed maintenance schedule submission and approval process provided that such owner or operator meets all the requirements for an annual operating permit.

(c) Permanent devices, viewing stands and tents. (1) The amusement device, viewing stand or tent shall be inspected by the commissioner or his authorized representative, or in the City of New York, by the building department, at the time of application for initial permit. If applicable, subdivision (b) of this section shall be met.

(2) Thereafter, the amusement device, viewing stand or tent shall be inspected at least annually by a New York State licensed professional engineer, New York State registered architect, qualified inspector of an insurance underwriter, or an inspector approved by the commissioner pursuant to section 45-1.10 of this Subpart as a requirement for each subsequent permit. If applicable, subdivision (b) of this section shall be met and the owner or operator of such device shall have available for inspection documentation that such maintenance and testing as are called for by the device manufacturer have been performed during the term covered by the previous permit and an affidavit of annual inspection shall be filed with the commissioner. If an affidavit is not filed with the commissioner, the amusement device, viewing stand or tent shall be inspected by the commissioner or his authorized representative.

(d) Temporary devices, viewing stands and tents. (1) Upon first entry into New York State, the amusement device, viewing stand or tent shall be inspected by the commissioner or his authorized representative, or in the City of New York, by the building department, at the time of application for initial permit. If applicable, subdivision (b) of this section shall be met.

(2) Thereafter, the amusement device, viewing stand or tent shall be inspected at least annually by a licensed architect, professional engineer, qualified inspector of an insurance underwriter, or an inspector approved by the commissioner pursuant to section 45-1.10 of this Subpart as a requirement for each subsequent permit. If applicable, subdivision (b) of this section shall be met and the owner or operator of such device shall have available for inspection documentation that such maintenance and testing as are called for by the device manufacturer have been performed during the term covered by the previous permit and an affidavit of annual inspection shall be filed with the commissioner. If an affidavit is not filed with the commissioner, the amusement device, viewing stand or tent shall be inspected by the commissioner or his authorized representative.

 

Historical Note:    Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000. Amended (b)(3), (c)(2), (d)(2).

 

§ 45-1.12 Permit requirements and issuance procedures.

(a) Permit required.  No amusement device, viewing stand or tent may be operated in the state without a permit issued by the commissioner except as provided by section 45-1.2(c) of this Subpart.

(b) Application for permit. Before commencement of the operation of a permanent or temporary device, viewing stand or tent, the owner or lessee shall make written application to the commissioner for a permit to operate. The permit shall be valid for one year. The permit application shall contain the information listed below.

(1) The application form provided by the commissioner and a nonrefundable fee in the amount set forth by the commissioner. The check or money order must be made payable to the Commissioner of Labor.

(2) Proof that the amusement device, viewing stand or tent has passed all inspections required by section 45-1.11 of this Subpart.

(3) Proof of the liability insurance or bond required by section 45-1.7 of this Subpart.

(4) The location notice, if applicable, as required by section 45-1.9 of this Subpart.

(5) For viewing stands and tents the information required by section 45-5.5 of this Part for the approval of plans including a nonrefundable fee set forth by the commissioner;

(6) For tents, amusement devices and temporary structures proof of flame resistance as required by sections 45-2.23(a) and 45-5.7(a) of this Part.

(c) Revocation of permit. The commissioner may revoke any permit issued pursuant to this Subpart if it is determined that an amusement device, viewing stand or tent is:

(1) being used or operated without the inspections required by section 45-1.11 of this Subpart; or

(2) being used or operated without the insurance or other security required by section 45-1.7 of this Subpart; or

(3) being used or operated with a mechanical, structural or design defect which presents an excessive risk of serious injury to passengers or members of the public; or

(4) being used or operated without filing the location notice required by section 45-1.9 of this Subpart.

(d) Violations. Any other violation of this part may result in a revocation, provided that written notice of non-compliance is served upon the owner specifying any violation of this part and directing the owner to correct such violations within 30 days of receipt of such notice.

(e) Reapplication. Nothing herein shall prevent an owner whose permit to operate an amusement device, viewing stand or tent has been revoked pursuant to this Subpart from reapplying for a permit in accordance with this Subpart.

 

Historical Note:    Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000. Amended (b)(6), added (c) (4).

 

§ 45-1.13 Prohibited use.

No person shall knowingly use, or suffer or permit to be used, an amusement device, temporary structure, viewing stand or tent, which is not properly assembled or which is defective or unsafe in any of its parts, components, controls or safety equipment.

Historical Note:    Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

§ 45-1.14 Wind and storm hazards.

An amusement device, temporary structure, viewing stand or tent, which is exposed to wind or storm shall not be operated or used under dangerous weather conditions except to release or discharge occupants.

Historical Note:    Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

§ 45-1.15 Imminent danger.

If the Commissioner finds that an amusement device, temporary structure, viewing stand or tent presents an imminent danger he may attach to such device, structure, viewing stand or tent, a notice warning all persons against the use thereof. Such notice shall not be removed until the device, structure, viewing stand or tent is made safe, and then only by a representative of the Commissioner, and in the meantime, the device, structure, viewing stand or tent shall not be used.

Historical Note:    Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

§ 45-1.16 Lighting.

While amusement devices, temporary structures, viewing stands and tents are in operation, all areas of access to and exits therefrom shall be provided with illumination by natural or artificial means sufficient to guard against personal injuries under these circumstances.

Historical Note:    Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

§ 45-1.17 Cleanliness.

A suitable number of containers for refuse shall be provided in and around amusement devices, temporary structures, viewing stands and tents.  Excessive accumulations of trash or refuse shall be promptly removed. All parts of amusement devices, temporary structures, viewing stands and tents used by passengers or customers shall be maintained in a clean condition.

Historical Note: Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

§ 45-1.18 Severability.

If any provision of this Part (rule) or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Part (rule) which can be given effect without the invalid provision or application and to this end the provisions of this Part (rule) are declared to be severable .

Historical Note: Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

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