The Carnival and Amusement Ride Safety Act P. L. 1975 C105 as amended
on July 20, 2001, requires a ride manufacturer and the ride owner to
submit to the Department of Community Affairs documentation for review
and release regarding all carnival and amusement rides, which are to
be operated in New Jersey. The released documents result in an annual
inspection and permit to operate the ride in New Jersey.
The act
has established a process by which the industry can, with assurance,
know the requirements by which the Department of Community Affairs will
review, inspect and release rides for operation in New Jersey whether
at permanent parks or moving carnivals. The process requires the full
participation and understanding of all concerned so that the process
is efficient, effective, predictable and meets its objectives. This
document is designed to address the responsibilities of the parties
and what they may expect as they work within the Carnival and Amusement
Ride Safety Program.
Further,
the Department supports this program through a web site, log on to www.nj.gov
and it will give you access to the New Jersey Home Page. Once you have
logged onto the site, select the Department of Community Affairs from
the Departments/Agency list, then at the DCA home page pick Division
of Codes and Standards; under Programs , pick Carnival and Amusement
Ride Safety. Once logged onto the site, bookmark the web page for future
reference. The unit site currently has both a PDF file of the full regulations
for download and printing and also a HTML version that you can index
to the area of the rules you wish to review. Listed below with each
heading is an appropriate reference to the rules to assist you in finding
the specific rule and a more detailed description of the requirements.
You can also refer to current permitted rides and type certified rides
by accessing the lists noted at the bottom of the unit web page.
What
is an Amusement Ride-
An amusement
ride is a mechanical device, which carries or conveys passengers along,
around or over a fixed or restricted course for the purpose of giving
the passenger amusement, pleasure, thrills and excitement. Also, when
a gravity or passenger propelled ride is with other rides covered by
the rules; they too will be considered amusement rides and are under
the jurisdiction of the program. All water rides are also covered by
these rules except that if a water slide of under 15 feet is located
at a site by itself; this exception is intended to be applied to pools
opened to the general public. NJAC 5:14A-1.2
Who are the participants?
Amusement
Ride Manufacturer (manufacturer) is a person that is responsible for
the design and manufacture of a carnival-amusement ride. The ride manufacturer
is the organization which designs the ride and directs its manufacture.
They may subcontract some or all of the necessary work to reach the
final product, however, every entity controlled by contract or direct
organizational relationships shall be considered the ride manufacturer.
NJAC 5:14A-1.2
Owner is
a person who owns, leases, controls or manages the operation of a carnival-amusement
ride. NJAC 5:14A-1.2
Ride Operator
is a person who is actually engaged in or directly controlling the operation
of a ride. NJAC 5:14A-1.2
Carnival
and Amusement Ride Safety Board is made up of manufacturers, ride owners,
park owners, insurance representative, engineer, and public members.
The Board advises the Commissioner on program issues and regulations.
What
are the types of ride reviews and certifications?
Type Certification
is a certificate granted to a manufacturer for a new ride. The review
is a complete review of the design of the ride including all structural,
mechanical, electrical, hydraulic drive and control features and restraint
and other protective features. The review covers the load calculations
including dynamic and static loading, drawings including structural,
mechanical, electrical and hydraulic details. A safety analysis is required
which will identify reasonably foreseeable safety hazards and how these
hazards will be mitigated by the design of the ride, including required
redundant safety equipment. All manuals and nondestructive testing (NDT)
requirements shall be available for review. NJAC 5:14A-2.3
Individual
approval is an approval that is granted to an individual owner or operator
of an individual ride which has not been granted a type certification.
This type of approval allows a ride owner and operator the ability to
purchase, site and operate a particular ride in New Jersey without the
manufacturer’s application for a type certification or continued
support of a type certification. The information required for review
before such an approval is granted is the same as that for a type certification.
The individual approval is only applicable to a particular ride and
does not grant a class of rides an approval to be sited in New Jersey.
NJAC 5:14A-2.5
Supplemental
modification certification is a certification granted to a person other
than the manufacturer after a complete review of an application for
modification of a type certified ride no longer supported by the manufacturer
or for a modification to an individual approved ride. The information
required for such a certification is similar to that required for a
type certification. NJAC 5:14A-2.7
What
are the types of rides?
Service
proven rides are rides that have been operating for at least five years
and have a known record of performance and safety. NJAC 5:14A-1.2
New rides
are rides which have never been operated in New Jersey. They may be
time tested but have never operated in the state or they may be unique
one of a kind super rides. The common thread is that they have not operated
in the state. NJAC 5:14A-1.2
Existing
rides are rides which have been granted, during a prior season, a New
Jersey serial number. The serial number is a unique identifier and stays
with the ride for the life of the ride. If sold or transported out of
state the serial number and ride are maintained in the files of the
Department. Upon its subsequent operation, it is inspected and permitted
as a current active ride. NJAC 5:14A-2.10
Inflatable
rides are designed to allow riders to bounce, slide or be supported
on them and are inflated by a mechanical device. Inflatable rides that
support riders with sealed air devices are considered amusement rides
when they are located with other rides covered by these rules. NJAC
5:14A-13.2
Water Amusement
Rides are rides where water is used as an integral part of the ride
and where riders expect to get wet.
How
does a manufacturer acquire a type certification?
The manufacturer
must apply for a type certification on the forms provided by the Department
(Appendix A). The manufacturer should apply at least 60 days prior to
the sale of the ride to an owner in New Jersey or prior to the ride
operating in the state. The application has several parts that must
be completed in order to have a review undertaken by the department.
As mentioned above, the level of the review is based on the type of
ride, service proven, new ride or existing. Only new rides require a
full engineering review and as such the ride manufacturer must then
comply with detail drawings and design calculations. Inflatable rides
require type certification but one design type may cover many themed
models of the same design as long as the engineering is addresses the
largest model (Appendix B). NJAC 5:14A-2.4, 13.4
How
does an owner or operator acquire an individual approval?
In 2003,
the owner of a ride that has a New Jersey serial number and has had
a permit in at least one of the prior two seasons received without cost
an individual approval. If the owner purchases a ride that does not
meet this criteria, then they must apply for an individual approval
by filing an application (Appendix C) with the same information as required
of the manufacturer for a type certification. The owner would apply
for the ride under the same criteria as the manufacturer, however, the
individual approval only covers the owner’s ride and does not
apply to other rides owned by another owner or sold by a manufacturer.
NJAC 5:14A-2.5, 2.8(b) 1.
How
does one obtain a supplemental modification certification?
When a
ride with an individual approval is modified, the owner must apply for
a supplemental modification certification. The application will cover
both the modified and unmodified portions of the ride. Full engineering
review may be necessary and the owner of the ride will have to submit
documentation to support the modification and to compare the modified
ride to the design of the ride as unmodified. The intent of the review
is to determine that the modified portion of the ride does not negatively
impact on the structural integrity, safety or normal operation of the
ride. Once the ride has received the supplemental modification certification,
the owner is responsible for the continued maintenance and proper operation
of the ride. NJAC 5:14A-2.7
How does an owner acquire a permit to operate a ride in New Jersey?
Each year
an owner must submit an application for a permit for each ride at least
30 days prior to the first day of operation. The application includes
documentation of insurance for $1,000,000 per occurrence, documentation
to support the non-destructive testing, if required for the ride, and
payment of the fee. If the ride has a New Jersey serial number and there
are no outstanding orders or other requirements from a prior season,
the Department shall issue a permit and mail it to the owner.
If the
ride does not have a New Jersey serial number, then the owner must submit
in addition to the information above, a type certification or individual
approval number for the ride. When the application is complete and approved,
the Department will mail to the owner both a data plate and an annual
permit. (Appendix D) NJAC 5:14A-2.9, 2.10
Who can modify a ride?
A modification
is a material change of loads to the ride structure, change to a mechanical,
electrical, hydraulic or pneumatic drive or control feature or a change
to a restraint or other protective feature of the ride. NJAC 5:14A-1.2
A manufacturer
can modify their ride. The modification shall be submitted to the
Department as an application for an amended type certification. The
application shall include a copy of the original type certification,
the drawings, design and specifications for the modification. The modification
shall meet the current design rules while the remaining portion of the
ride shall continue to meet the design rules at the time of its original
approval. NJAC 5:14A-2.6
If an owner
modifies a type certified ride and the manufacturer does not apply for
an amended type certification, then the owner must apply for an individual
approval and follow the procedures for such an approval. The owner will
then take full responsibility for the ride and its future maintenance
and operation. NJAC 5:14A-2.7
No individual
may modify a ride without an amended type certification or a supplemental
modification certification.
What records must a manufacturer keep in order to maintain a type
certification active in New Jersey?
A type
or amended type certification is valid for three years. During that
time the manufacture must support the ride in the full meaning of the
program. The manufacturer is required to notify the Department and all
owners of the ride of any problems with the operation of the ride and
shall issue bulletins or safety notifications, which they have developed
to respond to such problems. The manufacturer shall keep all records
required under the Quality Assurance manual including material certifications,
test reports, inspection reports, drawings and calculations for the
design life of the ride or for 20 years after the last manufacture.
The manufacturer shall keep lists of all owners of their rides that
operate in New Jersey. NJAC 5:14A-5.5, 5.6, 5.7
What
records must an owner or operator keep in order to operate a ride in
New Jersey?
The owner
has many areas of responsibility when it comes to proper record keeping
under the ride safety program. The records include maintenance, operators
and incidents.
Maintenance:
the owner must keep a record of all non-destructive tests, all required
daily, monthly and annual inspections and maintenance operations, and
all required tests of safety equipment. These records shall be retained
for at least three years and shall be with the ride for review by the
Department. NJAC 5:14A-4.7
Operators:
the owner must maintain records of all operator training and ride-specific
certifications and shall keep these records for at least three years.
NJAC 5:14A-4.8, 9.9 ( c)
Incidents:
not withstanding any other reporting requirements, the owner shall maintain
a record of all ride related incidents involving ride related injury
or complaints. The incident log shall be available for review by the
Department during normal business hours and shall include basic information
such as name, address, age and sex of rider, description of the incident,
name of ride involved, conditions at the time of the incident. The log
should be kept, along with other records of training and operational
inspection reports, for three years. NJAC 5:14A-4.13 ( c)
What
records are considered proprietary?
The law
allows for the protection of proprietary information of both the manufacturer
and owner. Proprietary information is designated by the manufacturer
or owner and must meet the test of reasonableness. If the information
were to be included as a public record, it would cause the manufacturer
or owner financial loss. Proprietary information usually covers such
things as drawings, designs and material specifications or a type or
method of manufacturer, which is unique to the ride. NJAC 5:14A-2.1
(d)
What
incidents must be reported to the state by a manufacturer?
When the
manufacturer is notified by an owner of an incident any where in the
world involving serious injury or a critical structural or mechanical
component of the ride, they must evaluate the information and if necessary
they must issue a safety bulletin. In any case they must notify the
Department of the incident and shall report their findings regarding
any recommendations to eliminate or prevent future similar incidents.
NJAC 5:14A-5.7
What
incidents must be reported to the state by an owner or operator?
The owner must report accidents, incidents or mechanical breakdowns.
There are two types of incident reporting requirements, shut down and
report and report within 24 hours. (Appendix E)
Shut down
and report: incidents involving death or serious injury, ejection from
the ride or failure of a critical structural or mechanical component,
the owner must shut down the ride and report it immediately to the Department
by phone and prepare a written report and fax it to the Department within
24 hours of the incident. The ride shall stay shut down until opened
by the Department. NJAC 5:14A-4.13 (a)
Report
within 24 hours: incidents involving a ride-related injury requiring
first aid or any mechanical malfunction or emergency evacuation the
owner shall report the incident to the Department within 24 hours either
by fax or phone. They then have five days to submit a written report
to the Department. NJAC 5:14A-4.13 (b)
The owner
shall also keep a log of all incidents not reported to the Department
that involve any ride-related injury or complaint. NJAC 5:14A-4.13 (
c)
Revised:
11/03
