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  • Subpart 45-2

Subpart 45-2

AMUSEMENT DEVICES AND TEMPORARY

STRUCTURES

Sec.

45-2.1

Application

45-2.2

General requirements

45-2.3

Definitions

45-2.4

Load tests

45-2.5

Identification and rating plates

45-2.6

Rebuilt and modified devices

45-2.7

Daily inspection and test

45-2.8

Control of operation

45-2.9

Overloading and overspeeding

45-2.10

Design and construction requirements

45-2.11

Exits

45-2.12

Width – how measured

45-2.13

Access and egress to and from amusement devices and temporary structures

45-2.14

Emergency brakes and anti-rollback devices

45-2.15

Signal system

45-2.16

Public protection

45-2.17

Signs

45-2.18

Guarding of machinery

45-2.19

Speed-limiting devices required

45-2.20

Passenger-carrying devices

45-2.21

Electrical safety requirements

45-2.22

Air compressors and equipment

45-2.23

Fire prevention and protection

 

Historical Note: Subpart (§§45-2.1 – 45-2.23) filed Aug. 11, 1994 eff. Jan. 1, 1995. § 45-2.1 Application.

The provisions of this Subpart apply to amusement devices and temporary structures at carnivals, fairs and amusement parks. Historical Note: Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995. § 45-2.2 General requirements.

In addition to the special requirements of this Subpart, all applicable provisions of Subpart 45-1 of this Part (rule) shall be complied with by the owner of the amusement device or temporary structure.

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

§ 45-2.3 Definitions.

In addition to the definitions in subdivision 45-1.3:

(a) Amusement device means any contrivance that carries and conveys passengers along, around or over a fixed or restricted course or within a defined area for the purpose of amusing or entertaining its passengers, and which is of such nature that accidental personal injuries may be incurred in its assembly, disassembly, or use.

(b) Permanent device means a device which is used, or intended to be used, as an amusement device that is erected to remain a lasting part of the premises.

(c) Temporary device means a device which is used as an amusement device that is regularly relocated from time to time with or without disassembly.

(d) Temporary structure means a structure designed to be relocated from time to time with or without disassembly and used or intended to be used for amusement purposes or public occupation in connection with such purposes.

 

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

 

§ 45-2.4 Load tests.

(a) Test required. No passenger-carrying amusement device, which meets the criteria listed below, shall be used or put into normal operation until it has withstood a load test without failure in any material respect. Load tests will not be required for slides. Prototype load tests will not be accepted.

(1) Devices having suspended passenger seats or spaces;

(2) Devices normally operated at speeds or with movements creating severe centrifugal forces;

(3) Devices so elevated that structural failure is likely to cause passengers to be injured by falling; and

(4) Devices as to which the Commissioner has ordered such a test upon finding it necessary to assure safety.

(b) Nature of test. Each passenger seat or space shall be weighted with at least 150 pounds dead weight, except that in a device intended only for small children each seat or space shall be weighted with at least 75 pounds. While so loaded the device shall be operated at maximum normal speed as to test the full operation of all control devices, speed-limiting devices, brakes and other equipment provided for safety.

(b) Evidence of test. Unless a load test is made in the presence of a representative of the Commissioner, the manager of the device shall cause to be filed with the Commissioner on a form provided by him a statement by either:

(1) the manufacturer of the device, or

(2) an insurance carrier lawfully doing business in this State and carrying public liability insurance on the device, or

(3) a qualified licensed professional engineer showing whether the device withstood the test without failure in any material respect and setting forth such other relevant information as the Commissioner may require. Until such a statement is so filed it shall be presumed that the device has not withstood the test as required.

(d) Effect of test. If the device fails to withstand a load test it shall be deemed unsafe and shall not be used until and unless it has withstood a subsequent load test without failure in any material respect. If the device has withstood a load test without failure in any material respect it shall be required to be so tested again only if rebuilt or modified or if there are reasonable grounds to believe that a further test is necessary to assure safety and the Commissioner orders such test to be made.

 

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

 

§ 45-2.5 Identification and rating plates.

(a) Every amusement device shall be identified by a trade or descriptive name and an identification number. A metal plate upon which there is legibly impressed the name and number of the device, its model number if any and the name and address of its manufacturer shall be firmly attached to the device in a readily visible location. The maximum safe number of passengers and the maximum safe speed, where applicable, shall be legibly impressed on the same plate or another metal place.

(b) Each passenger carrying car, seat etc. in an amusement device or temporary structure shall be identified with an identification number in a readily visible location.

 

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

 

§ 45-2.6 Rebuilt and modified devices.

If an amusement device which has withstood a performance test as required is thereafter materially rebuilt or so modified as to change its  original action the device shall be re-identified by a different name and identification number. The rebuilt or modified device shall be subject to all provisions of this Part (rule) as if it were a new device not previously used.

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

 

§ 45-2.7 Daily inspection and test.

An amusement device shall be inspected and tested on each day when it is intended to be used. The inspection and test shall be made by a person experienced and instructed in the proper operation of the device and shall be performed before the device is put into normal operation. The inspection and test shall include the operation of control devices, speed-limiting devices, brakes and other equipment provided for safety. A record of each inspection and test shall be made at once upon completion of the test on a form provided by the commissioner or on a form approved by the commissioner with the information required by the section and shall be kept with the device and available to the commissioner for at least 30 days.

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

 

§ 45-2.8 Control of operation.

Amusement devices shall be operated only by competent operators at least 16 years of age for devices designed primarily for the use of small children and/or an accompanying adult and 18 years of age for all other devices. Every operator shall have knowledge of the use and function of all normal and emergency operating controls and of the proper use of the device. An operator shall be in the immediate vicinity of the operating controls during operation and no other person shall be suffered or permitted to handle such controls during normal operation. No operator shall be responsible for the operation of more than one amusement device at a time. This provision does not apply to amusement devices designed to be operated or controlled safely by a passenger.

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

 

§ 45-2.9 Overloading and overspeeding.

An amusement device shall not be overcrowded, or loaded in excess of its safe carrying capacity; nor shall it be operated at an unsafe speed or at any speed beyond that recommended by the manufacturer.

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

 

§ 45-2.10 Design and construction requirements.

(a) All structures, used in connection with amusement devices shall be so designed and constructed as to carry safely all loads to which such structures may normally be subjected.

(b) All amusement devices shall be designed, constructed and installed so as to withstand any normal stresses to which they may be subjected.

(c) Before being used by the public, amusement devices and temporary structures shall be so placed or secured with blocking, cribbing, outriggers, guys or other means as to be stable under all operating conditions.

 

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

 

§ 45-2.11 Exits.

At least two exits remote from each other shall be provided from each floor, tier, room or balcony in structures which house amusement devices and which are not places of public assembly. No exit shall be less that eighteen inches wide.

Note:       Certain buildings or structures housing amusement devices may constitute places of public assembly as defined by the Labor Law and be  accordingly subject to the provisions of Part (Rule No.) 36, State Standard Building Code for Places of Public Assembly.

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

 

§ 45-2.12 Width – how measured.

The width of a stairway shall be taken as the length of the treads between stringers. The width of a doorway shall be taken as the width of the door.

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

 

§ 45-2.13 Access and egress to and from amusement devices and temporary structures.

(a) General requirements. Safe and adequate means to access to and egress from amusement devices and temporary structures shall be provided. Such means of access and egress shall have:

(1) protection from adjacent hazards or from falling by the use of rails,, enclosures, barriers or similar means;

(2) secure treading and supporting surface free from debris, obstruction, projections and slipping, tripping and other hazards;

(3) adequate clearance.

(b) Design of stairways, landings and ramps. Stairways, landings and ramps shall be designed, constructed and maintained so as to sustain safely a live load of at least 90 pounds per square foot.

(c) Stairways, ramps and platforms. Stairways and ramps shall be at least 18 inches wide. Stair treads shall be at least nine inches deep exclusive of nosing and the height of rise shall not exceed eight inches. Between any two levels the treads shall be of uniform depth and the risers of uniform height. The slope of ramps shall not exceed one in four. The open sides of stairways, ramps and platforms shall be provided with adequate protection against falling, except as the safe and normal access to the device may otherwise require.

 

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

 

§ 45-2.14 Emergency brakes and anti-rollback devices.

If cars or other components of an amusement device may collide in such a way as to cause personal injuries upon failure of normal controls, emergency brakes sufficient to prevent such collisions shall be provided. On amusement devices which make use of inclined tracks, automatic anti-rollback devices shall be installed to prevent backward movement of the passenger-carrying units in case of failure of the propelling mechanism.

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

 

§ 45-2.15 Signal system.

Signal systems for the starting and stopping of amusement devices shall be provided where the operator of the device does not have a clear view of the point at which passengers are loaded or unloaded. Any code of signals adopted shall be printed and kept posted at both the operator’s and signalman’s stations. All persons who may use these signals shall be carefully instructed in their use. Signals for the movement or operation of an amusement device shall not be given until all passengers and other persons who may be endangered are in a position of safety.

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

 

§ 45-2.16 Public protection.

An amusement device shall not be used or operated while any person is so located as to be endangered by it. Areas in which persons may be so endangered shall be fenced, barricaded or otherwise guarded against public intrusion.

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

 

§ 45-2.17 Signs.

(a) Usage and warning signs. Legible signs shall be conspicuously posted containing safety guidelines to be followed and behavior or activities which are prohibited.  Such signs shall contain warnings that there are inherent risks in the participation in or on the amusement device, since it is recognized that participation in or on the device may be hazardous regardless of all feasible safety measures that can be undertaken by the device owner or operator; and that there is a duty for the patrons to become apprised of the warnings and the risks inherent in participation in or on the amusement device if the warnings are not obeyed. Prior to participation in or on such amusement device, patrons shall familiarize themselves with the posted safety warnings so that they may make an informed decision of whether to participate in or on the device notwithstanding the risks.

(b) Legible signs indicating safety guidelines and any restrictions shall be conspicuously posted at the entrance to all amusement devices covered by subdivision 45-1.11(b). Where the owner deems it necessary, these signs shall contain the minimum height needed to ride the device. At the discretion of the owner, similar signs containing safety guidelines, restrictions and/or height requirements may be posted at the entrances to any devices not covered by above.

 

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

 

§ 45-2.18 Guarding of machinery.

Machinery used in or with an amusement device shall be enclosed, barricaded or otherwise effectively guarded against contact. Guards removed for maintenance purposes shall be replaced before normal operation is resumed.

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

 

§ 45-2.19 Speed-limiting devices required

An amusement device powered so as to be capable of exceeding its maximum safe operating speed shall be provided with a maximum speed-limiting device.

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

 

§ 45-2.20 Passenger-carrying devices.

The interior and exterior parts of all passenger-carrying amusement devices with which a passenger may come in contact shall be smooth and rounded, free from sharp, rough or splintered edges and corners, with no protruding studs, bolts, screws or other projections which might cause injury. Interior parts upon or against which a passenger may be forcibly thrown by the action of the amusement device shall be adequately padded. Devices which are self-powered and which are operated by a passenger shall have the driving mechanism so guarded and the guards so locked in place as to prevent passengers from gaining access to the mechanism. Such belts, bars, foot rests and other equipment as may be necessary for safe entrance and exit and for support while the device is in operation shall be provided. Such equipment and fastenings thereof shall be of sufficient strength to retain the passengers. The fastenings shall be of a type which cannot be inadvertently released.

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

 

§ 45-2.21 Electrical safety requirements.

(a) General requirement. All electrical wiring, equipment and apparatus used for amusement devices or for lighting shall be installed, operated and maintained in compliance with this Part (rule), Industrial Code Rule 57 High – Voltage Proximity, and the National Fire Protection, National Electrical Code, NFPA 70-1999 (NEC-1999). Where there are conflicts between these regulations this Part (rule) shall take precident.  The provisions of Code Rule 57 shall take precedent over the NEC-1999.

Note: The NEC – 1999 shall not apply to Amusement devices manufactured prior to

the effective date of this standard if compliance would require a major

modification of the device.

(b) Protection of employees. No employee shall be suffered or permitted to work in such proximity to any part of an electric power circuit that he may contact the same in the course of his work unless he is protected against shock by de-energizing the circuit, grounding it, or guarding it by effective insulation. If protection is supplied by de-energizing the circuit, the switch controlling the circuit shall be locked out to prevent inadvertent closing.

(c) High voltage lines. The outlets of electric power lines carrying more than 120 volts shall be clearly marked to show their voltage.

(d) Transformers.  All electrical transformers substations shall be properly enclosed and proper warning signs shall be posted.

(e) Outdoor apparatus and wiring. Electrical apparatus and wiring located outdoors shall be of such quality and so constructed or protected that exposure to weather will not interfere with its normal operation.

(f) Elevated lines. Elevated power lines crossing access or other roads within the grounds of a carnival, fair or amusement park shall be so suspended as to provide minimum vertical clearance of 12 feet from the road surface and minimum horizontal clearance of three feet on each side of the normal passage space of vehicles.

(g) Suspended electric wiring. Temporary electric wiring, if suspended, shall be so supported that its protective insulation will not be damaged.

(h) Grounding. Temporary electric installations shall be properly grounded.

(i) Exposed conductors. Bare wires and other uninsulated current-carrying parts shall be guarded against inadvertent contact by means of proper location or by a fence or other barrier.

(j) Overcurrent protection.  Conductors shall be provided with overcurrent protective devices according to load. No such device shall be installed in neutral or grounding conductors.

(k) Generator grounding. Where electrical power is supplied for an amusement device or a temporary structure by a privately operated generating system, the generator and all equipment shall be grounded as required by NEC-1999.

(l) Receptacles and caps. All receptacles and attachment caps shall be of the grounding type.

(m) Grounding of devices. Each electrically powered amusement device shall be effectively grounded. The grounding shall be made effective as to all non-current-carrying metal parts which may become energized and which are exposed to contact by any person. An effective ground shall be one having a resistance of 25 ohms or less.

(n) Abrasion protection. Wiring laid on surfaces traversed by vehicular or pedestrian traffic shall be adequately protected against wear and abrasion.

(o) Master switch. Each electrically operated amusement device not designed to be controlled directly by the passenger shall be provided with a disconnect power switch placed within easy reach of the operator.

 

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

 

§ 45-2.22 Air compressors and equipment.

(a) Air compressors, air compressor tanks and equipment used in connection therewith shall be constructed, equipped and maintained to insure safe operation at all times. They shall be inspected and tested at least once a year by a qualified person and a record of each inspection shall be kept and made available to the Commissioner. Air compressor tanks and other air receivers used in connection with air compressors shall have the maximum allowable working pressure conspicuously marked thereon.

(b) The requirements on Section 14-1.19 of Industrial Code Rule 14, “Construction, Installation, Inspection and Maintenance of High Pressure Boilers; Construction of Unfired Pressure Vessels”, shall be met where applicable.

 

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

 

§ 45-2.23 Fire prevention and protection.

(a) Fire resistance of fabrics. Fabrics constituting part of an amusement device or a temporary structure shall be fire-resistant to meet the following standard:  two dry strips or test sections either of the fabric used or of other fabric identical therewith shall be tested. Each strip shall be not less than 1 ½ inches wide and 4 inches long. The two test strips or sections shall be held with the long axis vertical and an open flame shall be applied to the center of the bottom edge for 12 seconds. The test strip or section shall not flame for more than two seconds after the flame is removed; the average length of char shall not exceed the length of the strip nor more than four inches for sections. Such a test is not required by this subdivision if other evidence of the required degree of fire resistance is accepted by the Commissioner as sufficient.

(b) Fire extinguishers. Approved fire extinguishers shall be provided where necessary to secure reasonable and adequate protection from fire hazards.

(c) Flammable waste. Flammable waste such as oily rags and other flammable materials shall be placed in covered metal containers which shall be kept in easily accessible locations. Such containers shall not be kept at or near exits.

(d) Flammable liquids and gases. Gasoline and other volatile liquids and flammable gases when stored shall be kept in reasonably cool and ventilated places. Such liquids shall be in approved safety cans. Smoking and the carrying of lighted cigars, cigarettes or pipes is prohibited in any area where liquids or gases are stored or are transferred from one container to another.

 

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

 

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