SUBCHAPTER
3. RIDER RESPONSIBILITY
5:14A-3.1
Title; scope; intent
(a)
This subchapter, adopted pursuant to authority of the Carnival-Amusement
Rides Safety Act and entitled "Rider Responsibility," shall be known and
may be cited throughout these rules as N.J.A.C. 5:14A-3, and when referred
to in this subchapter may be cited as "this subchapter."
(b)
This subchapter establishes the rider responsibilities as covered by the
Act and these rules.
5:14A-3.2
Riders to comply with posted warnings and directions
1.
Height, weight, and size restrictions, if any, in accordance with N.J.A.C.
5:14A-9.34;
2.
Rider warning signs in accordance with N.J.A.C. 5:14A-9.34;
3.
Rider conduct signs in accordance with N.J.A.C. 5:14A-9.33; and
5:14A-3.3
Riders under the influence of alcohol or drugs
(a)
A rider shall not board or attempt to board any amusement ride if he/she
is knowingly under the influence of any alcoholic beverage as defined
in N.J.S.A. 33:1-1 or under the influence of any prescription, legend
drug or controlled dangerous substance as this term is defined P.L. 1970,
c. 226 (N.J.S.A. 24:21-1 et al.) or any other substance which affects
the rider's ability to use the ride safely and to abide by the posted
and stated instructions.
SUBCHAPTER
4. OWNER RESPONSIBILITY
5:14A-4.1
Title; scope; intent
(a)
This subchapter, adopted pursuant to authority of the Carnival-Amusement
Rides Safety Act and entitled " Owner Responsibility," shall be known
and may be cited throughout the rules as N.J.A.C. 5:14A-4, and when referred
to in this subchapter may be cited as "this subchapter."
(b)
This subchapter establishes the responsibilities of the owner of an amusement
ride regarding the safe operation and maintenance of amusement rides.
5:14A-4.2
Ride equipment
(a)
No one shall install, operate or allow to be operated any ride that does
not have a current type certification, individual approval, supplemental
modification certification or amended type certification issued pursuant
to the requirements of this chapter.
(b)
No one shall modify any ride with a New Jersey permit, individual approval,
or type certification without undergoing an engineering review for a modified
ride and getting a supplemental modification certification or an amended
type certification, as appropriate.
(c)
Existing equipment shall be maintained in accordance with this chapter.
5:14A-4.3
Annual permit application
(a)
Each year, 30 days before commencing operations and in each year thereafter
or, for continuously operated rides, 30 days prior to the beginning of
a new year, the owner shall apply for a permit on an application form
furnished by the Department.
(b)
The application for an annual permit shall include all information required
pursuant to N.J.A.C. 5:14A-2.10.
5:14A-4.4
Application for individual approval and grandfathering
(a)
If a carnival-amusement ride was manufactured prior to the effective date
of these rules, or if type certification is not renewed by the manufacturer
or is revoked by the Department, then the ride shall not be operated,
installed, or used in the State unless the owner has obtained an individual
approval from the Department.
1.
For rides that have a valid type certification that the manufacturer
is not renewing, the owner may apply for an individual approval pursuant
to N.J.A.C. 5:14A-2.4 without undergoing engineering review.
2.
For rides that have a New Jersey serial number and had an annual permit
in the year of or the year prior to the effective date of these rules,
but are not type certified, the owner may apply for an individual approval
pursuant to N.J.A.C. 5:14A-2.5 without undergoing an engineering review.
(b)
For rides not grandfathered under the provisions of (a) above, the owner
shall make application for individual approval of the ride as a new ride.
The application for an individual approval shall include the information
required by N.J.A.C. 5:14A-2.5 and the ride shall undergo engineering
review according to the applicable provisions of this chapter. The fees
for these reviews will be consistent with type certification review fees.
1.
Pursuant to N.J.A.C. 5:14A-2.1, information supplied by the owner in
support of an individual approval application that has been designated
by the manufacturer in an application for a type certification as proprietary
shall be considered proprietary.
5:14A-4.5
Compliance with manufacturer's recommendations for modifications
(a)
An owner shall comply with any manufacturer's
recommendation or requirement including, but not limited to, the replacement
or modification of a component of the ride, a change or addition to the
maintenance schedule for a ride or the performance of a test on a ride.
1.
A copy of all manufacturer's bulletins or recommendations received by
the owner shall be forwarded to the Department within 14 days of receipt
by the owner unless the ride has a current type certification, in which
case the manufacturer shall be responsible for sending such information
to the Department.
2.
The Department may waive the requirement to implement a manufacturer's
recommendation, at the owner's request, if failure to implement
the recommendation does not jeopardize public safety.
5:14A-4.6
Assembly or disassembly
(a)
The assembly or disassembly of an amusement ride shall be done in accordance
with the applicable requirements of N.J.A.C. 5:14A-9 by or under the immediate
supervision of a qualified person.
(b)
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 the course of assembly. Fastening and locking devices,
such as bolts, caps, screws, cotter pins and lock washers shall be installed
where required for safe operation. Nuts shall be drawn tight, cotter
pins shall be spread and lock nuts firmly set.
(c)
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)
Persons engaged in the assembly or disassembly of amusement rides shall
use tools of proper size and design to enable work to be done in a proper
manner. Broken, damaged and unsuitable tools shall not be used.
(e)
Assembly or disassembly of amusement rides shall be done under light conditions
adequate to permit the work to be properly performed and inspected.
(f)
A sufficient number of persons to do the work properly shall be engaged
for the assembly or disassembly of amusement rides. The public shall
be prevented from entering the area in which the work may create a hazard.
(g)
The owner of an amusement ride shall comply with the manufacturer's assembly/construction
manual for the assembly and disassembly of the ride. The manufacturer's
assembly/construction manual shall be kept with the amusement ride and
shall be available for use by the Department.
5:14A-4.7
Daily inspection, test and maintenance and inspection records
(a)
An amusement ride shall be inspected and tested on each day of intended
use. The inspection and test shall be made by a qualified person experienced
and instructed in the proper assembly and operation of the device and
shall be performed before the ride is put into normal operation.
(b)
The inspection and test shall be based on any manufacturer requirement
and shall include but not be limited to the operation of control devices,
speed-limiting devices, brakes and other equipment provided for safety.
(c)
A record of all maintenance, inspections and tests shall be made at once
upon completion of the test and inspection, and shall be kept with the
device and available to the Department for at least three years.
(d)
The owner shall retain up to date records of all maintenance, inspections
and tests including those required by these regulations
or by the manufacturer for each amusement ride at the carnival-amusement
site. These records shall contain, at a minimum, the following information:
1.
The date and nature of all tests, including who conducted them, why, and
the result of the test;
2.
The date and nature of all inspections, including who conducted them,
why, and the result of the inspection;
3.
The date and nature of all maintenance, including who did it, and why;
and
4.
The date and nature of all breakdowns or repairs of a mechanical part,
who completed the repair, and a reference to the manufacturer's procedure
used to effect the repair. If this is a new procedure, the Department
shall be notified, in writing, of the new procedure and the new procedure
shall be added to the permanent record of the ride.
5:14A-4.8
Training and certification of ride operators
(a)
The owner shall ensure that all operators comply with the requirements
of N.J.A.C. 5:14A-9.8 and 9.9.
(b)
The owner shall ensure that, at the time of initial operation in the State,
at least one operator trained by the manufacturer and having a certification
from the manufacturer, in a format prescribed by the Department, is operating
the ride.
(c)
The owner shall ensure that operators are trained to operate the ride
based on manufacturer requirements covered by the operational manual and
any supplemental safety bulletins, safety alerts or other notices related
to operational requirements.
(d)
The owner shall ensure that ride operators operate no more than one ride
at any given time.
(e)
The owner shall ensure that operators give full attention to any ride
they operate.
(f)
The owner shall ensure that anyone who operates a ride shall have demonstrated
the ability to operate the ride in compliance with all applicable requirements
of this chapter and shall ensure that each operator has signed
a ride-specific certification attesting that the operator:
1. Has read and understood the manufacturer's recommendations
for the operation of the ride and, if applicable, any operations manual
provided by the owner.
2. Knows the safety-based limitations, including height, weight
or other rider requirements, on who may ride the ride;
3. Is well versed on what could be reasonably expected to go wrong, how
to recognize it, and how to get the ride and riders into as safe a position
as possible to minimize the risk of injury or damage;
5. Knows how to do the pre-startup operational ride checks as required
by the manufacturer or as established by the owner in compliance with
this chapter;
6.
Knows how to verify that the daily maintenance checklist has been done
prior to operating the ride; and
7. Has knowledge of the use and function of all normal and emergency
operating controls and the proper use of the ride.
5:14A-4.9
Insurance, bond or other security
No
person shall operate a ride without insurance as required by N.J.A.C.
5:14A-2.9.
5:14A-4.10
Riders under the influence of alcohol or drugs
The
owner of an amusement ride may not permit a person who is perceptibly
or apparently under the influence of alcohol or drugs to enter or ride
an amusement ride.
5:14A-4.11
Rider accident reporting requirement
The
owner shall designate an office or location as a site for reporting accidents
or injuries. The office shall be open during normal business hours and
shall be marked with clear signage. Forms with the minimum required information
(see N.J.A.C. 5:14A-4.13(c)) shall be available for riders to fill out
at this location. More than one office or location may be required so
that the locations are within reasonable walking distance from any ride.
5:14A-4.12
Required notices of rider responsibility
(a)
Signs advising of the rider reporting requirement (see N.J.S.A. 5:3-57)
in English, and in at least one other language prevalent among riders,
shall be posted in areas where rides covered by this chapter are operating,
including all entrances, exits, locations for receiving forms and the
first aid station(s).
(b)
Each ride owner shall post warnings and directions for each ride which
comply with manufacturer's requirements, N.J.S.A. 53-31 et seq. and this
chapter. Such warnings shall be clearly legible and shall be in a conspicuous
location.
(c)
This sign shall be next to, above, below or may be combined with the required
signs regarding accident reporting, rider conduct and warnings described
in this section and in N.J.A.C. 5:14A-9.33 and 9.34.
5:14A-4.13
Accident, incident or mechanical breakdown reporting
(a)
Shut down and report: When any incident occurs involving a death or serious
injury, ejection from the ride or failure of a critical structural or
mechanical component, regardless of cause, the owner shall:
1.
Shut down the ride and secure the area;
2.
Evacuate riders and provide care for any injured persons;
3.
Report the incident to the Department immediately by telephone at the
telephone number provided for this purpose; and
4.
Prepare a written incident report and send it to the Department by telefacsimile
at the telefacsimile number provided for this purpose within 24 hours
of the incident.
i. A copy of the report submitted to the Department shall be sent to
the manufacturer.
(b)
Report within 24 hours: When any incident occurs involving a ride-related
injury requiring first aid, or any mechanical malfunction, or an emergency
evacuation of the ride, the owner shall:
1.
Report the incident to the Department within 24 hours of the incident
by telephone or by telefacsimile at the numbers provided for this purpose;
2.
Prepare a written incident report and send it to the Department by facsimile
at a number provided for this purpose within five days of the incident
or by mail at PO Box 808, Trenton, NJ 08625 postmarked within five days
of the incident. The written incident report shall be on a form designed
by the Department and shall include a description of any planned corrective
action and a time frame for its completion; and
3.
Repair the ride according to the manufacturer's instructions, if necessary,
and submit a written report to the Department indicating the actions
taken.
4.
An evacuation due to an area-wide power failure or an evacuation at
the normal discharge of the ride shall not be considered an emergency
evacuation for purposes of this subsection.
i. The removal of an individual rider or riders at other than the normal
discharge location at the rider's request or due to rider behavior and
having nothing to do with the operation or functioning of the ride shall
be recorded in accordance with (c) below.
(c)
Record:
When any incident occurs that is not covered by (a) or (b) above occurs involving any type of ride-related
injury or complaint observed by the owner or operator or reported to the
owner or operator by the rider, the
owner shall keep a record of such incident, including pertinent information,
in a for that is easy to access and read and that is readily available for inspection by the Department.
1.
The information shall include at least the following:
i.
The name and address of the injured party;
ii.
The age and sex of the injured party;
iii.
A brief description of the injury;
iv.
The ride on which the injury occurred;
v.
The time, date and weather conditions when the incident occurred;
and
vi.
A description of the incident.
2.
The removal of an individual rider or riders as described in (b)4i above
shall be recorded.
5:14A-4.14
Transfer of ownership
The
owner of an amusement ride shall notify the Department when ownership
is transferred to another owner. In such case, the new owner shall obtain
a new annual permit and become responsible for the individual approval,
if applicable.
SUBCHAPTER
5. MANUFACTURER RESPONSIBILITY
5:14A-5.1
Title; scope; intent
(a)
This subchapter, adopted pursuant to authority of the Carnival-Amusement
Rides Safety Act and entitled "Manufacturer Responsibility" shall be known
and may be cited throughout the rules as N.J.A.C. 5:14A-5, and when referred
to in this subchapter may be cited as "this subchapter."
(b)
This subchapter establishes responsibilities for a ride manufacturer.
5:14A-5.2
General requirements
(a)
The manufacturer shall ensure that all rides are designed and constructed
in compliance with the requirements of N.J.A.C. 5:14A-7.
(b)
The manufacturer shall affix a data plate to each ride in compliance with
N.J.A.C. 5:14A-7.19.
5:14A-5.3
Ride type certifications
(a)
The manufacturer shall apply for type certification, in accordance with
the requirements of N.J.A.C. 5:14A-2.4, for each ride type to be used
within this State.
(b)
As provided at N.J.A.C. 5:14A-2.4, type certification shall be valid for
a period of three years and may be renewed every three years provided
that the manufacturer continues to support the ride within the full meaning
of this chapter.
5:14A-5.4
Amended type certification
(a)
The manufacturer shall submit an application for an amended type certification,
in accordance with the requirements of N.J.A.C. 5:14A-2.6, for any modification
to a ride that has a current type certification. The application package
shall identify the differences from the information provided for the type
certification.
(b)
Amended type certification shall be valid for a period of three years
and may be renewed every three years provided that the manufacturer continues
to support the ride within the full meaning of this chapter.
(c)
If, as determined by the Department, an amusement ride is materially rebuilt
or so modified as to change its original action, then a new type certification
or individual approval shall be required as if it were a new ride.
5:14A-5.5
Quality assurance manual
For
rides being issued a type certified or individual approval, the manufacturer
shall provide a quality assurance manual that is in compliance with ASTM
F 1193-97.
5:14A-5.6
Retention of documents, drawings and calculations
All
required quality assurance documents including, but not limited to, material
certifications, test reports, inspection reports, drawings and calculations
shall be retained by the manufacturer for at least the design life of
the ride or 20 years from the date of last manufacture, whichever is longer,
or until all such rides have been destroyed or scrapped. This shall include
any ride that uses the documentation in question. The Department shall
be notified six months prior to the destruction of such documents.
5:14A-5.7
Notification, bulletins and other information as required by the Department
(a)
When the manufacturer is notified by an owner of an incident, whether
in this State or elsewhere, involving a serious injury or a critical structural
or mechanical component of a ride, the manufacturer shall promptly evaluate
the information in that notification and, if necessary, provide, in the
form of a safety bulletin, the results of that evaluation, together with
any recommendations to eliminate or prevent the situation that created
the incident, to the Department and to all known owners of the ride in
the State.
(b)
The manufacturer of a ride shall also provide to the Department and to
all known owners of the ride in the State:
2. Information as necessary for those rides that have individual approval
or supplemental modification certification based on the manufacturer's
documentation supplied by the owner or responsible person; and
3. Other documents requested by the Department
as a result of an incident involving a ride supported by the manufacturer,
either directly or indirectly.
SUBCHAPTER
6. VIOLATIONS, PENALTIES, REMEDIES AND INVESTIGATIONS
5:14A-6.1
Title; scope; intent
(a)
This subchapter, adopted pursuant to authority of the Carnival-
Amusement
Rides Safety Act and entitled "Violations, Penalties, Remedies and Investigations,"
shall be known and may be cited throughout the rules as N.J.A.C. 5:14A-6,
and when referred to in this subchapter may be cited as "this subchapter."
(c)
A violation of the Act occurs whenever an owner, manufacturer, officer,
agent, employee or person interferes in any manner with the implementation
of, or otherwise fails to comply with, the provisions of the Act or rules
promulgated pursuant to the Act.
5:14A-6.2
Revocation of carnival-amusement ride permit, certification or approval
(a)
Any owner may have his or her amusement ride permit or individual approval
revoked for:
3. Continuing to operate an amusement ride without the Department's
authorization when an incident as described in N.J.A.C. 5:14A-4.13 occurs;
4. Failure to notify the Department of any incident as required by N.J.A.C.
5:14A-4.13;
5. The discovery of false, invalid, incorrect or fraudulent information
related to the design of the ride or its safe operation;
6.
Knowingly submitting false, invalid or fraudulent information that is
not related to the design of the ride or its safe operation; or
7.
Failure to comply with the Carnival-Amusement Ride Safety Act, N.J.S.A.
5:3-31 et seq., orders of the Commissioner, or this chapter.
(b)
Any owner who has an amusement ride permit revoked pursuant to this section
shall not operate the affected amusement ride until such permit is restored
by the Department through the regular application process.
(c)
Any manufacturer may have a type certification or amended type certification
revoked for:
4. The discovery of or knowingly submitting false, invalid, incorrect
or fraudulent information related to the design or manufacture of a ride;
or
5.
Failure to comply with the Carnival-Amusement Ride Safety Act, N.J.S.A.
5:3-31 et seq., orders of the Commissioner, or this chapter.
(d)
Any manufacturer who has a type certification or amended type certification
revoked, after exhaustion of all available remedies at law, shall be prohibited
to sell, erect, use or install that carnival-amusement ride in this State.
5:14A-6.3
Administrative penalties
(a)
The Commissioner or the Commissioner's designee is authorized to assess
and collect an administrative penalty in the amount of up to $5,000 for
each violation.
(b)
In determining the amount of the penalty, the following factors shall
be considered:
1.
Whether there has been a good faith attempt at full compliance;
2.
The seriousness of the violation;
3.
The past history of violations or non-compliance with orders;
4.
Whether the violation was willful;
5.
Whether the violation did cause or could have caused injury or bodily
harm;
6.
Whether the violation poses an imminent hazard to public health and
safety; and
7.
Any other appropriate factors.
(c)
Each day in which the owner, operator or manufacturer operates a ride
in violation of an order issued by the Department or allows a violation
to continue, shall be considered a separate violation.
(d)
Except as otherwise set forth in this section, no administrative penalty
shall be levied pursuant to this section unless the alleged violator is
provided with a notice and order to abate the violation, the amount of
any penalty and an opportunity to request an administrative hearing. Penalties
may be issued without prior notice to abate for the following violations:
7. Failure to comply with an order of the Commissioner that is in the
form of an express condition of a permit, individual approval, type certification,
or amended type certification.
5:14A-6.4
Appeals and hearings
(a)
A request for an administrative hearing shall be submitted, in writing,
within 10 calendar days following the receipt of the notice or order.
Hearing requests shall be addressed to: Hearing Coordinator, Department
of Codes and Standards, P O Box 802, Trenton, New Jersey 08625-0802.
All hearings shall be conducted pursuant to the Administrative Procedure
Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure
Rules, N.J.A.C. 1:1.
(b)
When an aggrieved person fails to request a formal hearing within the
10 calendar day period specified in (a) above, his or her right to
a formal hearing shall be deemed waived and the agency action
shall become final.
(c)
Recipients of an administrative penalty assessment may request the initiation
of a settlement conference at the time that a hearing request is made.
If a party requests a settlement conference, or the Department determines
that a settlement conference might be useful, a settlement conference
shall be scheduled and conducted by the Department within 30 days of the
receipt of the hearing request.
(d)
If a settlement is not agreed upon or no settlement conference is scheduled
and a hearing has been requested, the matter shall be transmitted to the
Office of Administrative Law (OAL) for hearing.
(e)
Payment of the penalty shall be due when a final agency determination
is issued or when a notification becomes a final decision because no appeal
has been filed.
(f)
All payments shall be made payable to the "Treasurer, State of New Jersey"
in the form of a certified check or money order, or such other form of
payment as may be acceptable to the Department.
(g)
Upon final order, the penalty imposed may be recovered with cost pursuant
to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.
5:14A-6.5
Suspension or revocation of permit
(a)
The Department may immediately suspend or revoke a permit, prior to a
hearing, when it is determined that the violations listed in N.J.A.C.
5:14A-6.2 exist or that the continued holding of the permit, approval
or certifications is otherwise a hazard to public health and safety.
An owner or manufacturer may request an expedited hearing to contest any
such suspension in accordance with the Administrative Procedure Act N.J.S.A.
52:14-14B-1 et seq. and the Special Hearing Rules at N.J.A.C. 1:12D.
1.
In such cases, the Commissioner shall adopt, reject or modify the recommended
decision of the Administrative Law Judge on the next business day following
receipt of the Administrative Law Judge's decision. The Commissioner of
Community Affairs' decision shall be final, subject to the right of the
owner to appeal to the Superior Court of New Jersey, Appellate Division.
The expedited hearing shall be held, and a final decision issued by the
Commissioner, within 48 hours of receipt of a written request for such
a hearing, except as extended with the consent of both parties.
2.
Failure of the Department to transmit the hearing request to the Office
of Administrative Law within one business day of the Department's receipt
thereof shall be deemed to be a final agency decision.
3.
Failure to issue a decision shall constitute denial of the appeal.
5:14A-6.6
Re-inspections following a suspension or shut down and investigations
(a)
The Department shall issue a notice and order to cease operation for any
amusement ride found to be hazardous or unsafe. Operation of the ride
shall not be resumed until the ride has been re-inspected by the Department
and found to be safe for operation unless the order allows operation to
resume or unless re-inspection is waived by the Department.
(b)
Notwithstanding any appeal procedures covered by this subchapter, the
Department shall re-inspect any carnival-amusement ride for which a permit
has been suspended within 48 hours of receiving written notice from the
owner of the ride stating that the condition or violation for which the
permit was suspended has been corrected. If upon re-inspection, the Department
determines that the condition or violation has been corrected, the Department
shall reinstate the permit immediately.
(c)
When, as required by N.J.A.C. 5:14A-4.13, a ride has been shut down following
an incident, the ride shall not operate until the Department issues an
approval for operation.
1.
Where a verbal approval to operate is given, it shall be followed by
a written approval. The written approval may be sent via facsimile.
2.
The Department shall investigate each of these incidents, and may require
records, tests, and may take temporary possession of the ride or portions
of it. In cases involving death or serious injury, the Department may
issue and enforce subpoenas to compel the testimony of any person who
may have knowledge of any relevant matters and the production of any
relevant documents.
(d)
The Department may request and the owner or manufacturer, as appropriate,
shall provide documentation of repairs as specified in N.J.A.C. 5:14A-9.11.
5:14A-6.7
Departmental remedies for non-compliant manufacturers
(a)
The Department shall have the authority to prohibit the sale, erection,
use, or installation of any carnival-amusement ride in this State upon
final determination, following exhaustion of all available remedies at
law, that the manufacturer of the ride has repeatedly failed to comply
with orders requiring engineering analyses to be prepared and submitted
to the Department or safety bulletins to be issued for individual carnival-amusement
rides or classes of carnival-amusement rides or upon final determination,
following exhaustion of all available remedies at law, that the manufacturer
has refused, on a repeated and egregious basis, to comply with orders
to carry out the duties and obligations imposed by P.L. 1975. c.
105 (N.J.S.A. 5:3-31 et seq.) or this chapter.
1.
For purposes of this section, the term "manufacturer" applies
equally to the original manufacturer and to any successor or other person
acting in the place of the manufacturer pursuant to these regulations.
SUBCHAPTER
7. DESIGN AND CONSTRUCTION
5:14A-7.1
Title; scope; intent
(a)
This subchapter, adopted pursuant to authority of the Carnival-Amusement
Rides Safety Act and entitled "Design and Construction," shall be known
and may be cited throughout the rules as N.J.A.C. 5:14A-7, and when referred
to in this subchapter may be cited as "this subchapter."
(b) This subchapter establishes minimum criteria, information
and procedures for the design, manufacture and modification of amusement
rides and devices.
1.
Air-supported structures that include no other structural elements shall
comply with the provisions of N.J.A.C. 5:14A-13.
2.
Unmodified portions of modified rides, certified by the manufacturer
or by the engineer as unaffected by the modification, shall not be required
to comply with the provisions of this subchapter.
(c)
In addition to the requirements set forth in this subchapter, all rides
shall be designed to allow for compliance with any applicable provisions
of N.J.A.C. 5:14A-9.
(d)
Where there is a conflict between these regulations and any standard referenced
in this subchapter, these regulations shall govern.
5:14A-7.2
General design criteria
(a)
Ride Analysis: The manufacturer shall perform a Ride Analysis.
1.
The Ride Analysis shall include the following:
i.
A Patron Restraint and Containment Analysis performed in accordance
with N.J.A.C. 5:14A-7.3;
ii.
A Patron Clearance Envelope Analysis performed in accordance with
N.J.A.C. 5:14A-7.4; and
iii.
A Failure Analysis performed on the safety-related systems of the
amusement ride or device. The Failure Analysis shall include Fault
Tree Analysis, Failure Mode and Effect Analysis (FMEA) or other accepted
engineering practices.
2.
The Ride Analysis shall specifically include an assessment of the suitability
of the design of the amusement ride or device for the intended patrons;
including anthropomorphic factors, which relate age and physical size.
3.
The Ride Analysis shall identify the most significant factors that may
affect patron safety and shall include mitigation for each factor.
4.
The Ride Analysis shall document the safety issues that were identified
and the means used to mitigate each issue.
(b)
Design and Calculations: The design and calculations shall show compliance
with the design criteria of this subchapter. Calculations and assessments
of the following types are required:
1.
Calculations verifying the adequacy of structural, mechanical and electrical
components;
2.
Calculations of significant and predictable acceleration that is generated
by the ride or device when operated as reflected in the manufacturer's
provided operating and maintenance manuals or written instructions;
3.
Performance and functional characteristics of control systems; and
4. Calculations for passenger and vehicles performed using coordinate
axis in Figure 1 below and at the positions defined in ASTM F 2137-01,
Standard Practice for Measuring the Dynamic Characteristics of Amusement
Rides and Devices, or the EN equivalent.
(c) Units of measurement shall be clearly specified in all documentation.
1.
The coordinate system shown in Figure 1 below shall be used as the standard
reference for acceleration directions including the application of the
different means of restraint in accordance with the criteria of the
Restraint Diagram shown in Figure 2 in N.J.A.C. 5:14A-7.3.
Figure
1
Coordinate
System of Accelerations
Note: There are three axes orthogonal to each other
and are labeled X, Y, and Z. Positive X is taken toward the front of
the chest with roll occurring about the X axis. Positive roll is determined
by the right hand rule. Grasping the X-axis with thumb point toward
the positive end, positive roll is defined by the direction of the curl
of the fingers. Negative X is toward the back of the chest. The Y-axis
runs shoulder to shoulder. Positive Y is defined toward the left side
of the chest and negative Y toward the right. Positive Pitch is defined
by the right hand rule using the Y-axis. The Z-axis runs through the
head to the tailbone. Negative Z is toward the tailbone; positive Z
is toward the head. Positive Yaw is defined by the right hand rule
using the Z-axis. The center of the coordinate system is determined
in accordance with ASTM F 2137.
(d)
Drawings and records: The manufacturer or owner shall provide a full
set of signed and sealed drawings, designs, specifications, and other
construction documents necessary for a full and complete review of the
new ride or modification to an existing ride as required by N.J.A.C. 5:14A-2.12.
1.
If a voice communication or signal system is required under N.J.A.C. 5:14A-9.13,
to the extent that the manufacturer has been involved in its development,
it shall be included in the manufacturer's documentation to the Department.
5:14A-7.3
Patron containment and restraint
(a)
Patron containment:
1.
The amusement ride or device shall be designed to support and contain
the patron(s) during operation. This support and containment shall
be consistent with the intended action of the ride or device.
2.
Parts of amusement rides and devices that patrons may reasonably be
expected to contact shall be smooth, free from unprotected protruding
studs, bolts and screws, sharp edges and corners, rough or splintered
surfaces, and considered for padding as appropriate.
3.
Ride or device vehicle doors:
i.
When amusement ride or device patron vehicles are provided with doors,
measures shall be taken to ensure that the doors do not open during operation,
failure or in case of emergency, unless otherwise determined by the Ride
Analysis.
ii.
Powered doors shall be designed to minimize pinch points and entrapment
areas. The doors (opening and closing) movement shall be controlled and
the maximum exerted force, measured on the edge of the door at the furthermost
point from the hinge or pivot, shall not exceed 30 pounds (133 Newtons
(N)).
(b)
Security of patron containment system:
1.
Any system or systems used to support and contain the patron(s) shall
be securely fixed to the structure of the ride or device and shall have
adequate strength for the intended forces produced by the ride or device
and the reasonably foreseeable actions of the patron(s).
(c)
Patron restraints:
1.
Patron restraints shall be provided based on the Patron Restraint and
Containment Analysis and other criteria defined in this subchapter and
shall take into consideration the nature of the amusement ride or device
and the intended adult or child patron physical characteristics based
on anthropomorphic data such as Dreyfuss Human Scale 4/5/6, 7/8/9 or
SAE J833, and Center for Disease Control Growth Charts.
2.
Restraint devices shall be provided in cases where it is reasonably
foreseeable that patrons could be lifted or ejected from their seat
or riding position by the acceleration of the amusement ride or device,
or by seat inclination, during the ride or device cycle and other reasonably
foreseeable situations, for example, the application of emergency brakes
or vehicles stopped in inverted positions.
3.
Where kiddie rides or devices do not provide fully enclosed compartment
(that is, so as to reject a four inch diameter sphere at all openings),
a latching restraint shall be provided unless the Patron Restraint and
Containment Analysis indicates a locking restraint is needed or a restraint
is not appropriate (for example, a kiddie canoe ride). For either latching
or locking restraints, the final latching or locking position shall
be adjustable in relation to the patron.
4.
The Patron Restraint and Containment Analysis may identify the need
for a restraint system for reasons other than acceleration or seat inclination.
The analysis shall also evaluate the need for locking or latching functions
when restraints are required.
5.
A manual restraint release shall be provided for authorized personnel
use.
i.
The manual release should be conveniently located and easily accessed
by authorized personnel without crawling over, under or otherwise coming
in direct contact with the patrons.
ii.
External or unmonitored internal non-mechanical stored energy, for example,
battery, accumulator, hydraulic or pneumatic, shall not be used for a
manual release unless otherwise determined by the Ride Analysis.
iii.
Special tools shall not be required to operate the manual release unless
otherwise determined by the Ride Analysis.
6.
The design shall take into consideration the evacuation of patrons from
any reasonably foreseeable position or situation on the ride or device
including emergency stops and stops in unplanned locations. The Patron
Restraint and Containment Analysis shall address whether individual
or group restraints releases are appropriate. The design for emergency
evacuation shall be such that riders shall be kept safely
on the ride or shall be safely evacuating.
7.
The design shall specify the state, locked or unlocked, of the restraint
system in the event of unintended stop, for example, emergency stop
or loss of power. This specification shall be based on the results
of the Ride Analysis.
8.
Restraints shall be designed such that the opportunity for pinching
or unintentional trapping of fingers, hands, feet and other parts of
the patron's body is minimized.
9.
The maximum exerted force produced by any powered patron restraint device
while opening or closing shall not be more than 18 pounds (0.08 kiloNewtons
(kN)), measured on the active surfaces contacting the rider. Force
limiting systems, if used to achieve this, shall be configured so that
the failure of any one element of that system will still result in force
being limited to 18 pounds (0.08 kN).
10.
The design shall take into account the patron induced loads, for example,
bracing, etc., in addition to the loads and criteria specified in this
subchapter.
11.
The physical information provided in accordance with ASTM F 698-94 shall
be consistent with the patron restraint system, if any.
(d)
Restraint configuration:
1.
The Restraint Diagram shown in Figure 2 below shall be used as part
the Patron Restraint and Containment Analysis for determining if a restraint
is required and if required, what type. The Restraint Diagram identifies
and graphically illustrates five distinctive areas of theoretical acceleration.
Each of the five distinctive areas may require a different class of
restraint as indicated in this subchapter. The Restraint Diagram applies
for "sustained acceleration" levels only. It is not to be applied for
"impact acceleration."
2.
The application of the Restraint Diagram is to be used in connection
with the Ride Analysis or other factors or requirements of this subchapter.
Where indicated, another class of restraint shall be provided. The following
needs shall be taken into consideration in designing the restraint system:
i. Duration of the acceleration;
ii.
Height of the patron carrying device above grade or other objects;
iii.
Wind effects;
iv.
Unexpected stopping positions of the patron units, for example, up
side down;
v.
Lateral accelerations, for example, where lateral accelerations are
equal to or greater than 0.5 g's, special consideration shall be given
to the design of seats, backrest, headrest, padding and restraints;
and
vi.
The intended nature of the amusement ride or device.
(e)
Any ride where it is possible for a rider to slide laterally shall be
designed to adequately and safely contain the rider in the ride. When
designing ride pieces which riders will slide into, the design shall account
for the rider and any fellow riders who will be sliding into those pieces
while being contained by the ride.
(f)
Restraints shall not be required for water slides, wave pools, water play
areas, lazy rivers or other, similar rides.
(g)
Where restraints are required because of the dynamics of the ride or elevation
of the ride, they shall not be able to be unlocked by the riders.
(h)
If Gx exceeds +0.2 g for more than 0.2 seconds, a backrest shall be required.
If Gx exceeds +0.5 g for more than 0.2 seconds, a full backrest shall
be required. If Gx exceeds 1.5 g for more than 0.2 seconds, see Note
1 on Figure 5 in N.J.A.C. 5:14A-7.5. If +Gx exceeds +2.5 g for more than
0.2 seconds, a headrest, which discourages both lateral movement and movement
away from the headrest, shall be required. As used in this subsection,
a backrest does not allow a person to slide off the seat
backwards. A full backrest supports the torso up to the shoulders. A
headrest supports the back of the head.
(i)
Unless the ride analysis indicates otherwise, if there are accelerations
in the X or Z direction that exceed 1g or Gy exceeds 0.5 g in either direction,
there shall be hand holds (including, for example, the lap bar) with a
1-1/2 inch maximum diameter for the riders to grasp to help support themselves.
(j)
For any ride in which accelerations exceed 2 g or are less than -2 g in
any direction, the rider shall be well and closely restrained in the direction
to resist the acceleration.
1.
One of the following may be used as an alternative method of rider protection:
i.
The ride dynamics shall be designed such that no impact or only light
impact with the restraint takes place while still keeping the rider
well restrained;
ii.
Ride padding shall be designed to absorb impact load; or
iii.
Another means acceptable to the Department shall be used.
Figure
2
Restraint
Determination Diagram - Accelerations in Design Stage
Distinctive
Areas 1 thru 5
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