|
(h) An individual approval shall remain valid as long as the ride
complies with the conditions on which the approval is based.
5:14A-2.6 Amended
type certification
(a)
When a ride that has a valid type certification is modified, the type
certification shall no longer apply. The ride shall be taken out of service
or the manufacturer shall apply for an amended type certification.
1.
For the modified portion(s) of the ride, the application shall be based
on the rules in place at the time of the application for the modification.
2.
For the unmodified portion(s) of the ride, the application shall be
based on the rules in place at the time of the original application,
except that safety bulletins issued since the original application shall
govern.
3.
When a ride with a valid a type certification is modified by the owner
and the manufacturer does not apply for an amended type certification,
the owner shall apply for an individual approval.
(b)
The
application for an amended type certification shall include the following:
1.
One copy of the original type certification issued by the Department;
2.
All supplemental safety bulletins, safety alerts, or notifications issued
following the issuance of the original type certification; and
3.
One full set of drawings, designs, specifications, and other construction
documents, signed and sealed by a licensed professional engineer, that
demonstrate compliance with the design requirements of N.J.A.C. 5:14A-7,
that comply with N.J.A.C. 5:14A-2.12, and are necessary for a full and
complete review of the ride modification.
4.
The differences between the information submitted in support of the
original type certification and that provided with the application for
an amended type certification shall be clearly shown.
(c)
Within 30 calendar days of receipt a complete application, the Department
shall send to the applicant either an amended type certification or a
denial of the application.
1.
The denial shall be in writing and shall outline the reason(s) for such
denial.
2.
Failure to issue the certification within 30 calendar days of submittal
of a complete application shall be deemed a denial for the purpose of
appeal.
(d)
Provided that the manufacturer supports the ride within the full meaning
of these rules, an amended type certification shall be valid for a period
of three years or until a new amended type certification has been obtained.
1. An application to renew the amended type certification shall be required.
2.
The renewal application shall comply with the rules in place at the time
of the original application, except that safety bulletins issued since
the original application shall govern.
3.
The renewal of an amended type certification where there are no modifications
to the ride shall not require an engineering review.
5:14A-2.7
Supplemental modification certification
(a)
When a ride with a valid individual approval is modified, the individual
approval shall no longer apply and the owner of the ride shall take the
ride out of service or apply for a supplemental modification certification.
1.
For the modified portion of the ride, the application shall be based
on the rules in place at the time of the application for the modification.
2.
For the unmodified portion of the ride, the application shall be based
on the rules in place at the time of the original application, except
that safety bulletins issued since the original application shall govern.
(b)
The application for a supplemental modification certification shall include
the following:
1.
One copy of the valid individual approval issued by the Department;
2. All supplemental safety bulletins, safety alerts, or notifications
issued following the issuance of the individual approval; and
3.
One full set of drawings, designs, specifications, and other construction
documents, signed and sealed by a licensed professional engineer, that
demonstrate compliance with the design requirements of N.J.A.C. 5:14A-7,
that comply with N.J.A.C. 5:14A-2.12, and are necessary for a full and
complete review of the ride modification.
4.
The differences between the information submitted in support of the
individual approval and that provided with the application for a supplemental
modification certification shall be clearly shown.
(c)
Within 30 calendar days of receipt a complete application, the Department
shall send to the applicant either an amended type certification or a
denial of the application.
1.
The denial shall be in writing and shall outline the reason(s) for such
denial.
2.
Failure to issue the certification within 30 calendar days of submittal
of a complete application shall be deemed a denial for the purpose of
appeal.
(d)
A supplemental modification certification shall remain valid as long as
the ride complies with the conditions on which the certification is based.
5:14A-2.8 Fees
(a)
At the time of application for an annual permit, a fee shall be paid as
follows:
1.
Super Ride $600
2.
Major Ride $400
3.
Kiddie Ride $200
4.
Inflatable Ride $200
(b)
When an application for a type certification/amended type certification
or an individual approval/supplemental modification certification is submitted
to the Department, the application fee shall be $200.
1.
Exception: For a ride with a New Jersey serial number and an annual
permit that was valid in the years of 2001 or 2002, no fee for an application
for an individual approval shall be required if submitted within one
year of the effective date of these rules.
(c)
When an application for a type certification or individual approval is
submitted to the Department and an engineering review is required, a review
fee shall be paid as follows:
1.
Inflatable rides
$ 200
2.
Rides $99,999 or less in value $1,000
3.
Rides from $100,000 to $499,999 in value $2,000
4.
Rides from $500,000 to $999,999 in value $3,000
5.
Rides $1,000,000 and over in value $4,000
(d)
When an application for an amended type certification or a supplemental
modification certification is submitted to the Department that requires
an engineering review, a review fee shall be paid. The fee shall be calculated
as one percent of the cost of the modification, up to a maximum fee of
$3,000. The minimum fee shall be $100.
(e)
There shall be no engineering review fee for:
1.
An application by a manufacturer for a type certification for a ride
with a valid individual approval; or
2.
A review of the documentation for a foundation for or the siting
of a ride at a fixed location pursuant to N.J.A.C. 5:14A-2.13.
(f)
No permit to operate, type certification, individual approval, amended
type certification, or supplemental modification certification shall be
issued until all applicable fees have been paid.
5:14A-2.9 Insurance,
bond or other security
(a)
No person shall operate a ride without:
1.
A policy of insurance written on a per occurrence basis in an amount
not less than $1,000,000 per occurrence insuring the owner against liability
for injury suffered by persons riding the amusement ride; or
2.
A bond in like amount; provided, however, that the appropriate liability
of the surety under such bond shall not exceed the face amount thereof.
The bond shall be in such form and content as to be acceptable to the
Department of Banking and Insurance.
(b)
The policy shall be issued by one or more insurers acceptable to the Commissioner
of Banking and Insurance, and shall be either
1.
Licensed to write insurance in the State of New Jersey; or
2.
Approved as surplus lines insurers pursuant to section 11 of P.L. 1960,
c. 32, the "Surplus Lines Law."
5:14A-2.10 Annual
permits and issuance of serial number plates
(a)
An annual permit shall be issued for the current calendar year or for
a period of one year from the expiration of the last permit. No amusement
ride shall be operated without a current, valid annual permit, except
when:
1.
The ride is covered by a valid annual permit from the prior year, the
owner of the ride has applied for an annual permit in the current year,
there are no outstanding orders against the ride, there is no outstanding
documentation or fee, and an inspection is scheduled; or
2.
An application for an annual permit for the ride has been submitted
in the current year, there are no outstanding orders against the ride,
all required documentation and fees have been received, reviewed, and
accepted, and the ride has passed inspection, but the operator has not
received the permit.
(b)
Not less than 30 days before commencing operations and in each year thereafter,
on a form supplied by the Department, an owner shall apply for an annual
permit to place the ride in use.
(c)
Each application for an annual permit shall include:
1.
A certificate of insurance, bond, or other security demonstrating compliance
with N.J.A.C. 5:14A-2.9; and
2.
Payment of the appropriate fee, as provided in N.J.A.C. 5:14A-2.8.
A check shall be made payable to "Treasurer, State of New Jersey."
(d)
For rides with a New Jersey serial number, an application for an annual
permit shall contain the following information and shall be submitted
on a form provided by the Department.
1.
The required proof of insurance and fee;
2.
Documentation of required non-destructive testing performed during the
past year, if completed. Documentation of required non-destructive
testing not yet completed at the time of application shall be provided
at the time of inspection; and
3.
For an application to be complete and acceptable, there shall be no
outstanding documentation required from previous years; and there shall
be no outstanding violations.
(e)
For rides without a New Jersey serial number, the information required
in (c) and (d) above shall be submitted on a form provided by the Department
together with the type certification/amended type certification number
or individual approval/supplemental modification certification.
1.
When the Department's review determines that the ride information is
complete and accepted, a New Jersey serial number shall be assigned,
the annual permit shall be printed, and the annual permit and a New
Jersey serial number plate shall be sent via first class mail to the
owner at the address of record.
(f)
Within 30 calendar days of receipt a complete and accepted application,
the Department shall send to the applicant either a notification of approval
or denial of the permit application.
1.
The denial shall be in writing and shall outline the reason(s) for such
denial.
2.
Failure to issue a determination within 30 calendar days of submission
of a complete application shall be deemed a denial for the purpose of
appeal.
(g)
The annual permit issued by the Department shall be continuously displayed
in the vicinity of the entrance to the ride or where the inspector affixed
it. The permit shall be encased in such a manner as to be protected from
weather conditions.
(h)
A duplicate plate may be obtained from the Department at a cost of $100.00
for each plate.
(i)
A duplicate permit may be obtained from the Department at a cost of $20.00
for each permit.
(j)
A ride for which no foundation is required may be moved during the
season without obtaining a new annual permit. In this case, the
owner shall notify the Department of the move. The ride shall be
required to be inspected prior to being put back into use. Rides
that are to be located on another structure shall comply with the
siting requirements of N.J.A.C. 5:14A-2.13.
(k)
When a ride for which a foundation is required is moved, it shall comply
with the fixed site requirements of N.J.A.C. 5:14A-2.13 and shall obtain
a new annual permit pursuant to this section.
5:14A-2.11 Inspections
(a)
For all inspections, the owner, operator or manufacturer shall ensure
that the ride is
ready.
1.
Where required, personnel shall be available to operate the ride at
the scheduled inspection time.
2.
Where required, power shall be provided to operate the ride.
3.
If the ride is not ready at the time of the scheduled inspection, it
shall be deemed to have failed the inspection. Another inspection shall
be required to be scheduled.
(b)
Following any pre-season or pre-operational inspection, the inspector
shall provide a deficiencies list to the owner.
1.
When the ride is presented as ready for opening to the public, any non-conformances
from the deficiencies list that have not been corrected shall become
violations and shall be included in an "Order to Cease Violations."
(c)
Annual Inspection: An annual inspection shall be performed before a ride
operates each year. The annual inspection shall include, but not be limited
to:
1.
A review of the maintenance records, including periodic check lists;
2.
A review of operator training records;
3.
A review of required non-destructive testing records if these records
were not submitted with the application;
4.
A complete mechanical inspection, which may require the ride to be partially
disassembled;
5.
An operating inspection, during which all safety systems shall be checked
and the ride shall be cycled as it is during normal operation; and
6.
A test and inspection of the full emergency brake or anti-rollback system,
as applicable.
(d)
Reassembly Inspection: The Department may perform a reassembly inspection
at any new set-up. The reassembly inspection shall include, but not be
limited to:
1.
A review of the maintenance records including periodic check lists;
2.
A review of operator training records;
3.
A complete mechanical inspection, or at the discretion of the inspector,
a partial inspection addressing only those portions disassembled; and
4.
An operating inspection, during which all safety systems shall be checked
and the ride shall be cycled as during normal operation.
(e)
Acceptance Inspection: An acceptance inspection shall be performed before
a new ride may operate. The acceptance inspection shall verify conformance
with the approved design and shall include, but not be limited to, the
following:
1.
A review of the maintenance records, including periodic check lists,
if applicable;
2.
A review of operator training records and manufacturer certification;
3.
A review of non-destructive testing records, when required;
4.
A review of the certification that the manufacturer has tested the ride
in accordance with ASTM F 846-92 and determined that the ride is satisfactory.
This certification shall remain with the ride;
5.
For fixed rides, an erection and assembly certification. This certification
shall be retained in the ride file at the Department;
6.
Those parts of the assembly process that are required to be witnessed
of which the owner was notified during the permit process;
7.
A complete mechanical inspection, which may require the ride to be partially
disassembled;
8.
A check of redundant safety systems; and
9.
An operating inspection, during which all safety systems shall be checked
and the ride shall be cycled as during normal operation.
(f)
Operational Inspection: An operational inspection shall be performed
several times each year. The operational inspection shall include, but
not be limited to:
1.
Observation of the ride operating when the operator has not been informed
of the inspector's presence;
2.
A review of operator training records; and
3.
Information provided to the owner both verbally and in writing of the
results of the inspection.
(g)
Notwithstanding any appeal procedures of these rules, for any ride for
which a permit has been suspended, the Department shall re-inspect a ride
within 48 hours of receiving written notice from the owner of the ride
that the condition or violation for which the permit was suspended has
been corrected.
5:14A-2.12 Engineering
review
(a)
The Department shall perform engineering reviews in support of type certifications/amended
type certifications and individual approvals/supplemental modification
certifications. The manufacturer or owner, as appropriate, shall ensure
that all documents submitted conform to accepted engineering practice
and reflect sound engineering principals.
(b)
Unless waived by the Department, ride drawings shall be required for all
applications for type certifications/amended type certifications and individual
approvals/supplemental modification certifications. All ride drawings
submitted as part of an application shall clearly depict the following
in appropriate views and cross-sections:
1.
Dimensions and tolerances and other important characteristics;
2.
General drawings or diagrams in plan, elevation, and section views showing
the general arrangement of components and operating clearance envelopes;
3.
Assembly and sub-assembly drawings that provide additional views of
areas not clearly discernable from the general drawings and providing
clear identification and specification of all components, including
proper adjustment(s), fastener tightening specifications, descriptions
of other materials or lubricants used, any other important information;
4.
Detailed drawings of all components specifically manufactured for use
in the amusement ride, device, or modification shall not be required
unless a specific drawing is needed for verification. However, such
drawings shall be available from the manufacturer as per N.J.A.C. 5:14A-5;
5.
Illustrations or narrative, as appropriate, to provide a clear understanding
of the function and relationship of each important part of the amusement
ride, device, or modification;
6.
Slewing gears, hoisting, and swiveling mechanisms, including their support
arrangements, drives, controls, and lifting, and swiveling mechanisms;
7.
Tubs, carriages, gondolas, or other devices illustrated in all necessary
views and cross sections with details of the overall dimensions;
8.
Vehicles or carriages with details of traveling, guide, safety, and
upstop wheels, bearings, axles, shafts, and their attachments and possible
ranges of motion in relation to the vehicle, steering and control, anti-rollback
devices, drives, and mechanisms, brakes, and anchoring to the foundation;
9.
Electrical, electronic, pneumatic, and hydraulic circuit and wiring
diagrams; and
10.
Control system documentation, including circuit wiring and logic diagrams.
(c)
The manufacturer or owner shall provide to the Department and to the foundation
designer a detailed list of maximum loadings on ground or foundation support
locations.
(d)
The manufacturer or owner shall provide the manuals required by N.J.A.C.
5:14A-2.14 as part of the ride design package.
(e)
A special engineering review that focuses on a specific aspect of a ride
may be undertaken by the Department to meet a specific need. Such a special
engineering review may be undertaken in response to any of the following:
1.
Accidents involving this ride or ride type;
2.
A pattern of accidents or mechanical failures involving this ride or
ride type;
3.
Excessive maintenance or inspection(s) that may indicate a design defect;
4.
The issuance of service bulletins, as described in these rules;
5.
A serious defect found in the field during inspection; or
6.
A modification from a type certification, amended type certification,
individual approval, or supplemental modification certification.
5:14A-2.13
Foundations for and siting of rides at fixed locations
(a)
Before any ride is sited for the first time or moved, a copy of the permit
application submitted to the local Uniform Construction Code enforcement
agency, including all plans and specifications, shall be submitted to
the Department for review. The submission shall include the following:
1. Foundation drawing(s) and calculations signed and sealed by a licensed
professional engineer or a letter signed and sealed by a licensed professional
engineer certifying that the existing foundation, pad, or other support
structure will support the ride in all design conditions;
2.
A soil report for rides that require new foundation work; and
3.
Site specific environmental information, if this information was not
already submitted to the Department.
i. Site specific environmental information shall not be required for
type certified rides when the type certification covers all environmental
design conditions found in the State.
(b)
After the ride is erected, but prior to opening to the public, the following
information shall be submitted to the Department:
1.
Certification of the erection and assembly of the ride; and
2.
A copy of the Certificate of Occupancy or Certificate of Approval from
the local Uniform Construction Code enforcement office.
(c)
Before a mobile ride is set up for an extended period of time, the following
information shall be submitted to the Department for review:
1.
Documentation of the manufacturer's set-up requirements, including documentation
regarding the environmental conditions under which the ride may safely
operate and the environmental design conditions. When those conditions
are exceeded, the ride shall be taken down; and
2. If the ride is to be sited on another structure, a letter or certification
as required by (d) below.
(d)
Before a ride of any type is sited or moved on another structure, a signed
and sealed letter or certification from a licensed professional engineer
stating that the structure will adequately support the ride in the proposed
location in all design loading conditions shall be submitted to the Department
for review.
5:14A-2.14 Manuals
(a)
For each ride for which type certification/amended type certification,
individual approval/supplemental modification certification, or an annual
permit application is submitted, the applicant shall provide maintenance
requirements, maintenance schedules, inspection requirements, and inspection
schedules, each in a checklist format, as follows:
1.
Operation Manual as per ASTM F 770-93 (Reapproved 2000);
2.
Maintenance Manual as per ASTM F 853-98;
3.
Erection and assembly manual or set-up and tear down manual; and
4.
A quality assurance manual as per ASTM F 1193-97.
(b)
Where there is no manufacturer to provide these manuals, the applicant
shall submit to the Department manuals prepared by a licensed professional
engineer or other qualified professional with training, experience, or
certification pertaining to the inspection and evaluation of amusement
rides that is acceptable to the Department.
1.
When the applicant encounters practical difficulty in providing these
manuals, the applicant may request that the Department approve a schedule
for their submittal.
(c)
Following the initial submission and acceptance of these documents, the
annual application shall include only changes to the manufacturer's maintenance recommendations and operating instructions,
if any.
(d)
The manufacturer may submit these documents on behalf of all applicants
who own or operate a particular ride.
5:14A-2.15 Non-destructive
testing requirements and reports
(a)
An application for a type certification/amended type certification or
individual approval/supplemental modification certification shall include
a copy of the non-destructive testing plan and operating instructions
provided by the manufacturer. The non-destructive testing plan shall
identify the components to be tested and the frequency for testing. The
non-destructive testing requirements and schedules shall be in a checklist
format and shall contain, at a minimum, the information required at N.J.A.C.
5:14A-9.24. All documentation submitted shall comply with ASTM F 846-92
(Reapproved 1998).
1.
Where there is no manufacturer to provide the required documents, the
applicant shall submit to the Department a non-destructive testing plan
prepared by a licensed professional engineer or other qualified professional
with training, experience, and certification pertaining to the inspection
and evaluation of amusement rides that is acceptable to the Department.
2.
When the applicant encounters practical difficulty in providing these
documents, the applicant may request that the Department approve a schedule
for the submission of the required documents.
(b)
The non-destructive testing plan shall include provisions for the non-destructive
testing of critical structural and mechanical components, such as, but
not limited to, journals, shafts, spindles, and pins not visible to the
naked eye.
(c)
The manufacturer may submit these documents on behalf of all applicants
who own or operate a particular ride.
5:14A-2.16 Variations
(a)
An owner or manufacturer may apply for a variation from these rules.
(b)
An application for a variation shall be in writing on a form prescribed
by the Department.
(c)
The application for a variation shall include, but not be limited to,
the following:
1.
The requirement from which a variation is sought;
2.
A description of the condition that causes the hardship in meeting the
requirements
3.
The alternative that the owner or manufacturer will provide to meet
the intent of the requirement; and
4.
Documentation that the variation will not create a situation that is
less safe than meeting the code requirement from which a variation is
sought.
(d)
An application for a variation shall be approved or denied by the Department
in writing within 30 calendar days of submittal.
1.
Failure to issue a variation or a denial within 30 calendar days of
the submittal of a complete variation application shall be deemed to
be a denial for the purpose of appeal.
Back
| Back to Top |
