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SUBCHAPTER 1. GENERAL PROVISIONS 5:14A-1.1 Title; scope; intent (a) These rules shall be known and may be cited as Chapter 14A, Carnival-Amusement Rides of Title 5, N.J.A.C. (b) The purpose of this chapter is to provide reasonable standards for the design, construction and operation of amusement rides for the safety of the public. (c) No person shall manufacture or sell for use in this State, operate, arrange for or cause to be used any ride that is not in compliance with this chapter. 1. No person shall change a ride in any way that makes the ride less conforming with the provisions of this chapter. (d) This chapter shall apply to:
i. Amusement ride shall include a water slide exceeding 15 feet in height with the height of a water slide calculated as the difference in elevation between the highest point on the sliding surface and the lowest allowable elevation of the water surface into which the slide discharges; and ii. A water amusement ride as defined in N.J.A.C. 5:14A-1.2; 3. Any mechanical device which carries, conveys, or directs riders along, around, or over a fixed or restricted route or course for the purpose of giving its riders amusement, pleasure, thrills or excitement; and 4. Any rider or gravity propelled ride, including, but not limited to, any water slide or water-based recreation equipment when located in an amusement area or park in which there are other rides covered by the Act. (e) This chapter shall not apply to: 1. A locomotive weighing more than seven tons, operating on a track the length of which is one-half mile or greater, the gage of which is three feet or greater, and the weight of which is at least 60 pounds per yard; i. Such locomotives shall be under the jurisdiction of the New Jersey Department of Transportation for the purposes of safety inspection; 2. A manually, mechanically or electrically operated, coin-operated ride, which is customarily placed, singly or in groups, in a public location and which does not normally require the supervision or services of an operator; or 3. A rider- or gravity-propelled ride that is not a mechanical device, or is not limited to a fixed or restricted course, and is not located in an amusement area or park. (f) Where there is a conflict between these rules and any referenced standard, these rules shall govern. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise or the term is redefined for a specific section or purpose. "Acceleration" means the change in velocity per unit time. It is usually expressed in units of ft/sec2 or m/sec2. Acceleration is also expressed in its relation to the acceleration due to gravity at sea level. “One g” means acceleration that is the same as the acceleration due to gravity at sea level. (that is, a body subjected to one g would experience the equivalent of its own weight.) "Acceleration, impact" means those accelerations with duration of less than 200 milliseconds (msec). "Acceleration, sustained" means those accelerations with duration greater than 200 milliseconds. "Accepted engineering practice" means that which conforms to accepted principles, tests, or standards of accredited authorized agencies, and to standards or generic principles and practices of safety engineering. "Act" means the Carnival-Amusement Ride Safety Act, N.J.S.A. 5:3-31 et seq. "ACI" means American Concrete Institute. "Adult ride" see "major ride." "AISC" means American Institute of Steel Construction "Alteration" see "modification." "Amusement ride" see "carnival-amusement ride." "Amusement area or park" means any indoor or outdoor location where at least one amusement ride subject to the Act is available for use by the general public. "Amusement park operator" means any person, firm or corporation that owns, leases, manages or operates an amusement park. "ANSI" means American National Standards Institute “ASCE” means American Society of Civil Engineers. "ASME" means American Society of Mechanical Engineers. "ASTM" means American Society for Testing and Materials. "Automatic mode" means the ability, after initialization, of the amusement ride or device to start, operate, move, etc. with limited or no operator intervention. "AWS" means American Welding Society. "Block system" means a system on an amusement ride with separate vehicles designed to limit the number of vehicles in a certain area of the ride. "BOCA" means Building Officials and Code Administrators International, Inc. "Book-on ride" means a ride that is not owned by the primary owner of rides being placed in use at the same amusement area. "Carabiner” means a shaped metal device of spring loaded design with a gate used to connect sections of bungee cord, jump rigging, equipment, or safety gear. "Carnival" means a mobile enterprise principally devoted to offering amusement or entertainment to the public in, upon, or by means of portable amusement rides or devices or temporary types of structures in any number or combination, whether or not associated with other structures or forms of public attraction. "Carnival-amusement ride," "amusement ride," "carnival ride" or "ride" means any mechanical device or devices, including but not limited to, a water slide exceeding 15 feet in height, which carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement; and any passenger or gravity propelled ride when located in an amusement area, amusement park or water park in which there are other rides covered by P.L.1975, c. 105 (N.J.S.A. 5:3-31 et seq.), including all water slides in amusement areas or parks; provided, however, that this shall not include locomotives weighing more than seven tons, operating on a track the length of which is one-half mile or greater, the gauge of which is three feet or greater, and the weight of which is at least 60 pounds per yard. "Carnival ride" see "carnival-amusement ride." "CFM" means cubic feet per minute. "Child" means a person 12 years of age or younger. "Clearance envelope" means the area in and around an amusement ride which, under normal operating and riding conditions, provides a "safe zone" for the riding public. "Closed" means, when used in reference to restraint devices, the position in which the restraint is intended to remain during the operation of the ride or device in order to restrain the patron(s). "Commissioner" means the Commissioner of the Department of Community Affairs. "Containment" means the features in an amusement ride or device that accommodate the patron for the purpose of riding the ride or device. This may include but is not limited to the seats, side walls, walls or bulkheads ahead of the rider(s), floors, objects within the vicinity of the rider(s), restraint systems and cages. "Critical structural or mechanical component" means a component whose failure will result in uncontrolled operation or movement of the ride or failure of the restraint system. "Dead load" means the weight of the ride itself. Dead load does not fluctuate with respect to time. "Department" means the Department of Community Affairs. "DIN" means Deutsches Institut für Normung (English Language Version) "Discontinuities" means any and all indications found during the course of non destructive testing. These indications include, but are not limited to, cracking, loss of thickness, undercutting of welds and lack of penetration. “Dynamic load” means load that fluctuates with time because of the action of the ride during the ride cycle. "Electrical (E)/Electronic (E)/Programmable Electronic Systems (PES) (E/E/PES)" means the following. "Electrical" refers to logic functions performed by electromechanical techniques (for example, electromechanical relay, motor driven timers, etc.); "electronic" refers to logic functions performed by electronic techniques (for example, solid state logic, solid state relay, etc.); and "programmable electronic system" refers to logic performed by programmable or configurable devices (for example, Programmable Logic Controller (PLC)). Field devices are not included in E/E/PES. "Electro-sensitive protective equipment (ESPE)" means an assembly of devices or components working together for protective tripping or presence-sensing purposes."Emergency stop (e-stop)" means a shut down sequence(s), other than a normal stop, that brings the ride or device to a stop. "EN" means the Europaische Norm. These standards may be obtained through the European Committee for Standardization, Central Secretariat, rue de Stassart 36, B-150 Brussels, Belgium. "Fail-safe" means the characteristic of an amusement ride or component thereof that is designed in such a way that the normal and expected failure mode results in a safe condition. "Fence" means a type of barrier consisting of, but not limited to, posts, boards, wire, stakes, or rails that is used to inhibit patrons from coming into undesirable contact with the moving portion or restricted portion of an amusement ride or device. "First aid" means the one-time treatment or subsequent observation of scratches, cuts not requiring stitches, burns, splinters, contusions and minor complaints. For purposes of these rules, "first aid" shall not include first response to a serious injury. "Force limiting" means, when used in reference to restraint devices, a characteristic that, regardless of the amount of force available from the system actuators, limits the amount of force applied to the patron(s). "Gate" means a section of fencing that may be opened. “GFCI” means ground fault circuit interrupter, a device capable of de-energizing a circuit or portion thereof within an established period of time when a current to ground exceeds some predetermined value that is less than that required to operate the over-current protective device of the supply circuit. "Go-kart" or "go-cart" means a one or two rider self-propelled motor vehicle designed to convey riders along a restricted roadway while being operated and controlled by one rider who will be called the driver. "Guardrail" means a system of building components located near the open sides of elevated walking surfaces for the purpose of minimizing the possibility of an accidental fall from the walking surface to the lower level. "Hand mode" means the ability of the amusement ride or device to start, operate, move, etc. only with operator intervention. "Handrail" means railing provided for grasping with the hand for support. "Height restriction" means a stature requirement for riders to be permitted on a specific ride which is contained on the list of height restrictions maintained by the Department in accordance with N.J.A.C. 5:14A-2.2. “High speed” means greater than 37.5 mph, 55 ft/sec or 16.8 m/sec. "IBC" means International Building Code. "Imminent danger" means a condition that presents an excessive risk of serious injury to riders. "Impact" means a force or acceleration that occurs over a time span of less than 0.2 seconds. "Individual approval" means an approval that is granted to an owner of an individual ride that is not type certified, which is granted by the Department after review of a ride application and is applicable only to that individual ride. "Inflatable" means an amusement device that incorporates a structural and mechanical system and employs a high strength fabric or film that achieves its strength, shape, and stability by tensioning from internal air pressure. "Inspection" means the physical examination of an amusement ride and relevant documentation by an inspector. "Key component" means a component or system that has been designated by the manufacturer as requiring special fabrication, maintenance, inspection or operation due to its importance to the continued proper and safe operation of the carnival-amusement ride device." "Kiddie ride" means a ride designed primarily for riders weighing 90 pounds or less. "Latched" means held securely against opening except by intentional action of the rider, operator or other means. "Live loads" mean those loads produced by the use and occupancy of the ride, not including dead load or environmental loads. Live loads fluctuate with time, but not necessarily during one ride cycle. "Locked" means held securely against opening except by intentional action of the operator or other means, not accessible by the rider. "Major ride" or "adult ride" means a ride not classified as a "kiddie ride" or a "super ride" by the Department. "Maintenance" means performing maintenance or inspections according to a maintenance or operational checklist. "Manual release" means a hand or foot operated mechanism that allows for opening the rider restraint. "Manufacturer" means a person who obtains type certification for a carnival-amusement ride and who has responsibility for the design and manufacture of any carnival-amusement ride to be used or installed in this State, or sold for use in this State, and includes any entity controlled by the manufacturer. "Mechanical malfunction" means any breakdown that constitutes a structural failure of a load bearing element, mechanical or electrical failure of a drive or control system component or failure of a restraint system which materially compromises ride safety. Mechanical malfunction does not include a foreseeable malfunction that actuates a safety system. "Modification" or "alteration" means any material change to a load-bearing structural member, a mechanical, electrical, hydraulic or pneumatic drive or control feature, or a restraint or other protective feature. "Modify" means to make a modification. "Nationally recognized testing agency" means a laboratory, such as the Underwriters' Laboratories, Inc., or the Factory Mutual Engineering Corporation or any similar testing organization acceptable to the Department. "NDT" or "non destructive testing" means to examine and evaluate parts, areas, or items for defects at or below the surface. The testing when required is done by a qualified individual and is done without harm or damage to the tested item. "NDT statement" means a non-destructive testing plan or a statement from the manufacturer that NDT is not required. "New Jersey serial number" means a unique identifying number assigned to each individual ride at the time that a permit is first issued for it, which remains with the ride as long as it exists in this State. "New ride" means a ride of a type that has not previously been assigned a type certification by the Department, that has not obtained individual approval or that does not have a New Jersey serial number. "NFPA" means the National Fire Prevention Association. "N.J.A.C." means the New Jersey Administrative Code. "N.J.S.A." means the New Jersey Statutes Annotated. "Operating manual" means the document that contains the required procedures and forms for the safe operation of an amusement ride at the stated site. "Operator" see "ride operator" "Operator assistant" means a person whose duties include, but are not limited to, loading and unloading riders, collecting tickets, checking seatbelts, lap bars and other restraints and occupying the entrance or exit areas to prevent intrusion while ride is in operation, but who is not the primary operator. “Operator presence device” means a device which, when activated, requires an operator to remain in contact with the switch during the entire ride cycle. "Over speed" means a condition present when a ride achieves a speed, whether forward or reverse, that is faster than the approved manufacturer's safe operating speed. “Owner” means a person who owns, leases, controls, or manages the operations of a carnival-amusement ride, including individuals, partnerships, corporations, both profit and non-profit, and the State or any of its political subdivisions and their Departments and agencies. "Passenger tramway" means a device used to transport riders in cars on tracks or suspended in the air, by the use of steel cables, chains, belts, or by ropes and usually supported by trestles or towers with one or more spans. "Patron" see "rider." "Permit" means a permit to operate an amusement ride issued annually by the Department. "Person" includes corporations, companies, associations, societies, firms, partnerships, and joint stock companies as well as individuals, unless restricted by the context to an individual. '"Primary circulation area" means an area leading directly to the entrance or exit of a ride that is normally traveled by patrons. These areas would not include emergency exit routes, maintenance areas, or other areas not normally on the route of the patron.“Qualified person” means an individual assigned by the owner who has the degree of competence necessary to perform the work on an amusement ride so that the ride will be safe. In the case of weld or metal crack inspections recommended or required by the manufacturer based on a safety bulletin, the qualified person shall be designated by the manufacturer or shall be an AWS Certified Weld Inspector or SNT-TC-1A Certified Level II or III Inspector, as appropriate. "Reassembly" means the installation, erection, or reconstruction of an amusement ride following transportation or storage and prior to operation. "Redundant restraint devices" means independent restraints in the sense that the secondary device, for example, lap bar, containment enclosure, etc., is able to restrain the patron in case of failure of the primary restraint. "Repair" means to restore an amusement ride or ride component with like components or materials that meet or exceed current design specifications for the ride. "Restraint" means the system, device or characteristic that is intended to inhibit or restrict the movement of the patron(s). "Ride" see "carnival-amusement ride." "Ride operator" or "operator" means any person or persons actually engaged in or directly controlling the operations of a carnival-amusement ride. "Rider" or "patron" means a person riding on or utilizing an amusement ride. "SAE" means Society of Automotive Engineers. "Safety bulletin" means a supplemental notification delivered by the manufacturer or the holder of a supplemental modification certification to the owner that contains new information or new recommendations for inspections, testing, repair, operation or training. For the purposes of ASTM F 853, this term includes, but is not limited to, Safety Alerts, Service Bulletins, and Notifications. "Safety-related control system" means the hardware and software that controls the safety functions and components of the amusement ride or device as defined by the ride analysis. "Serious injury" means any injury in which the injured person has lost consciousness, broken a bone, was transported to an emergency medical facility or an injury for which medical treatment by a physician beyond first aid was required. "Service proven" means an amusement ride, device or modification to an amusement ride or device of which: 1. Units have been in service to the public for a minimum of five years; and 2. Unit(s) that have been in service have done so without any significant design related failures or significant design related safety issues that have not been mitigated. "Super ride" means a ride designed to propel riders at high speed or acceleration in any direction which requires an accelerometer test according to the provisions of N.J.A.C. 5:14A-7.5. "Supplemental modification certification" means a certification that is granted to a person other than the manufacturer by the Department after review of an application for modification of an individual approval. "Time tested" means a type of amusement ride which is found by the Department to be simple in operation and impose insignificant forces on riders or which is service proven. "Type certification" means a certification that is granted to a manufacturer by the Department after review of a new ride application and that is applicable to all rides of essentially the same design and manufacture with regard to structural, mechanical, electrical, hydraulic drive and control features, and restraint and other protective features. "Use” means that an amusement ride is in operation, whether it is empty or carrying riders. "Vehicle" means any carrier (for example, car, tub, tube, gondola, chair, capsule, compartment, etc.) on or in which riders are supported or contained and carried when participating in or riding on an amusement ride. "Water amusement ride" means an amusement ride where water is used as an integral part of the ride and where it is expected that riders will get wet. (a) The standards listed below are adopted and incorporated as part of this chapter. In the event that any provision in any of the following standards conflicts with a provision of this chapter, this chapter shall govern. 1. The following standards are adopted and are available from the American Concrete Institute, P.O. Box 19150, Detroit, Michigan 48219:
5. The following standards are adopted and are available from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, W. Conshohocken, PA, 19428-2959:
5:14A-2.1 Title; scope; intent (a) This subchapter of the regulations, adopted pursuant to authority of the Carnival-Amusement Rides Safety Act and entitled “General Administrative Provisions,” shall be known and may be cited throughout the rules as N.J.A.C. 5:14A-2, and when referred to in this subchapter may be cited as “this subchapter.” (b) This subchapter establishes general administrative provisions related to classification of rides, fees, and the provisions of the application for an annual permit, type certification, amended type certification, individual approval, and supplemental modification certification applications. (c) Before being placed in operation in this State, all rides shall have a valid type certification/amended type certification or individual approval/supplemental modification certification, as applicable, and a current annual permit. (d) Information supplied in accordance with these rules shall be considered public information, except for information supplied by an applicant in support of a type certification, amended type certification, individual approval or supplemental modification certification application and designated by the applicant as proprietary. Documents that are submitted as proprietary shall be clearly stamped or marked as such. Documents not marked as such shall be considered public records.
(e) When an amusement ride is rebuilt or is modified to change its original action, the ride shall be subject to all provisions of these rules as if it were a new ride not previously in use. 5:14A-2.2 Classification of and height requirements for rides (a) The Department shall classify all amusement rides as “super ride,” “major ride,” “kiddie ride," or "inflatable ride.” (b) The Department shall establish height requirements based on manufacturer's recommendations, design criteria, and shall reference height restrictions from nationally recognized publications. 1. The Department shall maintain a list containing approved height restrictions for rides. 2. For cases where the manufacturer's manuals do not include height restrictions, and for “major” or “super” rides, the default minimum height shall be 60 inches. 5:14A-2.3 Categories of certification and approval (a) Each ride put into operation in this State shall be certified or approved in one of four categories, as follows: 1. Type certification: A type certification shall apply to all rides of the same type and design. The application shall be submitted by the manufacturer of the ride as provided in N.J.A.C. 5:14A-2.4. 2. Individual approval: An individual approval shall apply only to the specific ride reviewed and approved. The application shall be submitted by the owner of the ride as provided in N.J.A.C. 5:14A-2.5. (a) A manufacturer may apply for type certification for any ride. 1. An application for type certification of a new ride shall comply with (b) below. 2. An application for type certification of a time tested ride shall comply with (c) below. 3. An application for type certification for an inflatable ride shall comply with N.J.A.C. 5:14A-13.3. 4. When a ride that has a valid type certification is modified, an application for an amended type certification shall be required and shall comply with N.J.A.C. 5:14A-2.6. 5. An application for a type certification shall be submitted a minimum of 60 days prior to the date that a ride is scheduled to be set up in this State. 6. An application for a type certification may be submitted by the manufacturer for a ride that has a valid individual approval.
(b) An application for a type certification for a new ride shall contain the following:
(c) An application for a type certification for a time tested ride shall contain the following:
(d) Within 30 calendar days of receipt of a complete, accepted application, the Department shall send the applicant either a 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 a type certification within 30 calendar days of the submittal of a complete application shall be deemed a denial for the purpose of appeal. (e) Provided that the manufacturer supports the ride within the full meaning of these rules, a type certification shall be valid for a period of three years or until a new type certification or an amended type certification has been obtained.
(a) An owner of a ride may apply for an individual approval for a ride.
(b) An application for an individual approval for a new ride shall contain the following:
(c) An application for an individual approval for a time tested ride shall contain the following:
(d) An application for an individual approval for a ride with a New Jersey serial number, for carnival rides, and for a fixed ride that has not been moved, or that has been returned to the same foundation shall contain the following:
(e) An application for an individual approval for a fixed ride that has a New Jersey serial number, for a fixed ride that has been moved or has not been returned to the same foundation shall contain the following:
(f) When a ride with a valid a type certification is modified and the manufacturer does not apply for an amended type certification, the owner may apply for an individual approval. (g) Within 30 calendar days of receipt of a complete application, the Department shall send the applicant either an individual approval or a denial of the application.
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