SUBCHAPTER 9.  OPERATION

(a)  This subchapter, adopted pursuant to authority of the Carnival- Amusement Rides Safety Act and entitled "Operation," shall be known and may be cited throughout the regulations as N.J.A.C. 5:14A-9, and when referred to in this subchapter may be cited as "this subchapter."

(b)  This subchapter establishes the procedures for owners, operators and manufacturers to follow during the operation of a carnival-amusement ride in New Jersey to assure that the ride is properly set-up, maintained and will be safe for the riding public.

(c)  All rides shall be maintained in conformance with the manufacturer's specifications and the approved design.

5:14A-9.2        Required notice, itinerary and book-on rides          

(a)  No amusement ride shall be used at any time or location unless prior notice of intent to use the same has been given to the Department.

(b)  Notice of planned schedules shall:

1.  Be in writing;

2.  Identify the ride;

3.  State the intended dates and specific locations of use including the municipality, street and street number or block and lot; and

4.  Include any additions or book-ons which will be operating at the site.

(c)  Such written notice shall be mailed to P O Box 808, Trenton, New Jersey 08625-0808 or faxed to a telefacsimile number provided for that purpose to attention of the Department at least five days before the first intended date of use.

(d)  Book-on rides included after initial notification in (b) above shall provide the same information as in (b)2 and 3 above.

(e)  When a book-on ride is included outside of the initial notification, the owner shall give at least 72 hours advance notice to the Department before the ride is placed in operation.

5:14A-9.3        Daily maintenance and operations inspections and tests

(a)  Operators shall not operate any ride that has not had a daily maintenance inspection and operational inspection, if applicable, and checklist done prior to opening to the public on that day.

(b)  Daily maintenance checklists and operational checklists, if applicable, are to be completed by a qualified person experienced and instructed in the proper operation and maintenance as per the manufacturer's specifications of the ride.  Maintenance and operations shall be performed within the timeframe specified in the maintenance or operating manual and records shall be made and retained in compliance with N.J.A.C. 5:14A-4.7.

(c)  The Department shall not inspect or issue a permit for a carnival-amusement ride without a current copy of the following items being on site and available to the inspector:

1.  The manufacturer's set up and assembly manual;

2.  The manufacturer's maintenance manual;

3.  The manufacturer's operation manual;

4.  The daily maintenance inspection and checklist;

5.  The daily operational inspection and checklist;

6.  The daily maintenance log; and

7.  The NDT plan, if applicable.

(d)  The maintenance or operational checklist shall include, but not be limited to, the following:

1.  The name of the ride being checked;

2.  The name and signature of person completing the checklist;

3.  The date of the checklist;

4.  A detailed list and description of all items being checked. Items listed shall be at a minimum those required by the manufacturer; and

5.  Testing within the timeframe specified in the operating manual of all control devices, speed-limiting devices, block system, emergency brakes, automatic and manual lowering devices and any other equipment provided for safety.

(e)  A daily maintenance log shall be kept for all work performed on each ride. The daily maintenance log entry shall include, but not be limited to, the following:

1.  The name of the ride;

2.  The name and signature of the maintenance person or persons performing the maintenance; and

3.  The nature of the work, for example, malfunction, maintenance, violation abatement, etc.;

i.   If other than routine maintenance, a notation as to the reason;

ii.  If safety bulletin, a reference to the manufacturer's bulletin;

iii. If "order to cease violations" issued by a regulatory agency, a reference to said order;

iv.  Account of all work performed and all parts repaired or replaced;

v.  A copy of the manufacturer's recommendations for repair or repair procedures, if any.

(f)  The maintenance checklist shall be done prior to the ride being opened to the public. The maintenance checklist may be done by the same person that will be operating the ride as long as that individual is qualified to perform the maintenance checklist.

(g)  After all required maintenance is completed and prior to opening the ride to the public, the ride operator shall perform the operational inspection and complete the checklist.

(h)  Individual tubs, sweeps, vehicle chassis, bents, towers, and supports to ground shall be uniquely identified and marked with no more than a combination of six characters or numbers to facilitate identification during maintenance and inspection.

5:14A-9.4        Identification, data plates and manufacturer's information

(a)  A data plate that conforms to the requirements of  N.J.A.C. 5:14A-7.19 shall be affixed to each ride.

1.  Where no manufacturer's serial number is available and the ride was manufactured prior to the effective date of these rules, an identification number supplied by the owner and registered with the Department shall be used.                 

5:14A-9.5        Inspection after assembly

An amusement ride shall be inspected for compliance with the manufacturer's assembly requirements by a qualified person each time the ride is assembled.

5:14A-9.6        Prohibited use

(a)  No person shall knowingly use or permit to be used an amusement ride which is not properly assembled or which is defective or unsafe in any of its parts, components, controls or safety equipment.

(b)  No ride shall be used if all manufacturer's requirements, based on current bulletins, have not been completed.

(c)  No ride shall be used without a current Certificate of Compliance issued by the local fire inspector, if required.

(d)  No ride shall be used without a valid Certificate of Occupancy or Certificate of Approval issued by the local construction official, if required. 

(e)  No ride shall be used without a current and valid annual ride permit except as allowed by this chapter.

(f)  No ride shall be used without a New Jersey State serial number except as allowed by this chapter.

(g)  No ride with a maximum safe operating wind speed shall be used if the wind velocity exceeds the manufacturer's recommended safe operating wind speed. Wind speeds shall be measured with an anemometer mounted at a high point capable of being read from ground level or the operations office or tied into the control system to prohibit starting or to shut down the ride if operating.

(h)  No ride shall operate after being issued a shut down order from the Department until the ride has had and passed a complete inspection by the Department unless the order allows operation to resume or unless re-inspection is waved by the Department.

(i)  No ride requiring NDT shall be operated without the receipt of a current NDT report by the Department based on the current NDT plan filed with the Department.

(j)  No ride shall be permitted to operate without correction of all items on the list of non-conformances issued by the inspector unless the inspector gives the operator a specific completion date and permission to operate until that date.

5:14A-9.7        Site layout

(a)  The site on which rides are to be erected shall be reasonably:

1.  Free of large rocks and debris that might pose a hazard;

2.  Well maintained to ensure safe operation;

3.  Free of holes that might pose a hazard;

4.  Sufficiently level to allow safe operation of the ride; and

5.  Far enough away from vehicle traffic to provide a safe environment for the public.

(b)  Wherever required by the manufacturer, proper protection between the amusement device and the ground shall be provided.

(c)  Whenever foundations are required for a ride, the owner shall submit the required documentation pursuant to N.J.A.C. 5:14A-2.12 and 2.13.

5:14A-9.8 Control of operation

(a) All amusement rides shall have an operating manual. The owner of an amusement ride shall operate the ride in accordance with the manufacturer’s operating manual. In the absence of a manufacturer’s operating manual, the owner shall write an approved operating manual. Where any conflict occurs between the operating manual and this chapter, this chapter shall govern. The operating manual shall be kept at the site where the ride is in use and shall be available for use by the Department.

(b) The owner shall ensure compliance with the requirements of N.J.A.C. 5:14A-4.8 for ride operators.

(c) The ride operator shall not allow anyone obviously under the influence of alcohol or drugs to ride the ride.

(d) The ride operator shall operate no more than one ride at any given time.

(e) The ride operator shall monitor the riders until the ride is completed.

(f) The correct number of operators necessary to safely operate the ride, based on the operating manual, shall be on site and in the correct location(s).

(g) The Department may require additional operators in the event of “blind spots.” An additional operator with emergency stop capabilities shall be stationed in each “blind spot” location during operations.

(h) An operator shall not leave the ride unattended without disabling the controls so the ride cannot be started by unauthorized persons. If the ride is left unattended and disabled during an operational day, the operator, upon returning, shall run a complete cycle of the ride.

(i) The operator or operator assistants shall check each and every restraint, constraint, seatbelt, lap bar and any other device used in securing riders into a vehicle individually to assure that it is locked properly and that the rider fits properly in the safety system.

(j)  Additional operation start button(s) shall be provided where loading and unloading operations are being performed in an extended area where safety restraints, harness and other devices are required to prevent ejection from the ride during operations.  The start button(s) shall work in series in that all button(s) shall be depressed by operators before the ride will start. 

(k)  The operator or operator assistant shall check the height, weight or size of riders, as applicable, with the height mark, scale or other means of measurement provided by the owner.  The means of measurement shall enable the operator to determine whether a rider meets the required limit in a "go, no go" fashion.  No one who does not meet the required limits shall be permitted to ride the ride.

1.  When the weight of a rider is used to determine entry to or use of an amusement ride, an accurate scale shall be provided.         

2.  A rider not meeting the approved height restriction may be accompanied by a companion if provided for in the manufacturer's operations manual or otherwise specified by the manufacturer.  Companions shall meet any requirements given in the manufacturer's specifications.  The larger person shall be by the exit door to ensure it stays closed and latched during operation unless this arrangement of riders creates a conflict with 3. below.

3.  Where riders are of disparate sizes, riders shall be placed in the ride such that any action caused by centrifugal forces shall push the weight of the lighter rider into the heavier rider. 

            4.   Riders at or above the maximum weight may be allowed if such riders are provided for in the manufacturer's operations manual.  Distribution of such riders shall be as per the operations manual.  

(l)  All powered amusement rides and devices shall be equipped with a properly functioning operator presence device.

1.  The operator shall be in constant contact with the operator presence device at all times during normal operation of the ride. This rule shall not be construed to prohibit riders from using amusement ride operating controls designed for use by a rider.

2.  The operator presence device shall be tested at each inspection.

3.  Exception:  For rides and attractions where the operator presence device does not add to safety, including roller coasters, bumper cars, log flumes, go karts and some computer controlled rides, an operator presence device shall not be required.

(m)  The ride operator shall exercise control over the ride to prevent dangerous actions by a rider.

(n)  In the event of an emergency stop, routine stop (for the purpose of loading or unloading of a rider), or a stop for any other reason, the operator or operator assistants shall assure that no other riders have exited their vehicles unexpectedly.

5:14A-9.9        Operator qualifications and training

(a)  The ride operator shall be at least 16 years of age.

(b)  The ride operator or operator assistant shall not operate any ride while under the influence of drugs or alcohol.

(c)  The ride operator shall be properly trained before being assigned the duties of operating a ride.  The operator training shall include, but shall not be limited to, any manufacturer's recommendations for the operation of the ride.  The owner shall require a certification to be signed by each ride operator and operator assistant indicating the ride name and operator's level of authority regarding the ride.  This certification shall be kept on file by the owner for at least three years.

(d)  The ride operator shall have a copy of the manual and shall have the ability to read and understand the manual as written by the manufacturer and to safely operate and communicate safe riding policies to the public for the ride.

(e)  The operator and all operator assistants shall have a complete knowledge of the operation of the restraint system, lap bar locking system, seatbelts and the proper way to seat a rider in a vehicle.

(f)   The operator and all operator assistants shall be trained to be aware of the motions and sounds attributed to the normal operation of the ride. The operator shall be familiar with how the ride looks when it is functioning normally, and be alert to any unusual conditions. If there are any changes in the normal operating condition, operation shall cease and the owner shall be called immediately. The owner will decide the appropriate action to be taken.

(g)  Operators and operator assistants shall know the whereabouts of all safety equipment such as fire extinguishers, emergency main electrical disconnect, lock-out point and nearest telephone for routine or emergency assistance.

5:14A-9.10      Lock-out procedure

(a)  All amusement ride disconnecting devices shall be provided with a means of lock-out.  Where rides have mechanical, pneumatic or hydraulic energy, these shall have a means of being locked out when necessary for doing maintenance and inspections.

(b)  The ride operator or maintenance staff shall lock-out the disconnect switch when restoration of power to an amusement ride could create a hazard to persons during the performance of maintenance, repair, inspection or an emergency evacuation of riders, and ensure that it remains locked-out until such time that restoration of power will not create a hazard.

(c)  All amusement ride owners shall have in place a written lock-out procedure.

(d)  A lock-out shall not be removed by any person other than the person who installed it, except as allowed by the written procedure for lock-outs.  Lock-outs put in place by the Department shall be removed only by the Department.

5:14A-9.11      Set up, maintenance and repair operations affecting structural integrity or key components

(a)  Amusement rides and attractions shall have no corrosion or pitting affecting structural integrity or the functioning of key components.

(b)  Rides shall be operated and maintained in compliance with the manufacturer's specifications for fatigue loading. No holes shall be drilled into tubing that might compromise the integrity of the structure without written permission from the manufacturer. In the event the manufacturer does not exist, a professional engineer licensed to practice in the State of New Jersey shall review and approve, in writing, the actions and reasons for said actions.  The manufacturer or the professional engineer shall show, from materials standards or from the maintenance manual, that the proposed hole sizes and locations will not compromise the integrity of the structure. 

(c)  No structural shaft may be cross-drilled or welded without the written permission of the manufacturer. In the event the manufacturer does not exist, a professional engineer licensed to practice in the State of New Jersey shall review and approve, in writing, the actions and reasons for said actions.

(d)  During installation, set-up to begin seasonal operational or assembly after disassembly for mechanical malfunction, an owner shall use or order to be used fasteners supplied by or the equivalent to those specified by the manufacturer.

1.  All pins used shall adhere to manufacturer's specifications in length, hardness and type.

2.  All safety pins, such as "R" keys, and "cotter pins," shall be as per manufacturer's specifications.

3.  All fasteners shall be tightened to manufacturer's specified torque values.

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

(f)  Any and all welding done on the amusement ride shall be performed by a welder certified by the American Welding Society (AWS) or an acceptable alternative welding certification with proof of certification on site at all times. 

(g)  Any and all work performed by a machine shop, repair facility, or a third party of any kind for any reason shall be done to the documented specifications of the manufacturer or of a professional engineer licensed to practice in the State of New Jersey, as appropriate, based on the approved written repair plan.

(h)  All work done shall be done to manufacturer's specifications. 

(i)  Prior to re-inspection following a repair, documentation for the repair shall be provided from the maintenance manual or from an original letter from the manufacturer.

1.   When requested by the Department, copies of all correspondence regarding a specific repair not covered in the manual shall be sent to the Department.  Copies of subsequent correspondence shall be sent as they occur.

2.   If a manufacturer no longer exists or no other manufacturer has taken over responsibility for the technical support of the ride, then the ride owner shall make the repair following accepted engineering practice.  Notice of such repair, including a description of the repair procedure, shall be given to the Department.

                        i.  The owner takes responsibility for the repair and may be required to have the repair certified by a licensed professional engineer or other individual acceptable to the Department.

5:14A-9.12      Vehicle integrity

(a)  The interior and exterior parts of all rider carrying amusement rides with which a rider may come in contact shall be smooth and rounded, free from sharp, rough or splintered edges and corners, with no protruding studs, bolts, screws or other projections which might cause injury.

(b)  Interior parts upon which a rider may be forcibly thrown by the action of the ride shall be adequately padded.

(c)  Seatbelts, lap bars, straps, shoulder harnesses, chains, secondary locking devices and any other form of restraint, constraint or containment device shall be in proper working order or vehicle shall be tagged "Out of Service."

(d)  Handholds, bars, footrests and other equipment as may be necessary for safe entrance and exit to and from amusement rides shall be provided and maintained in a safe condition. Such equipment shall be of sufficient strength to support the riders.

(e)  Where only individual units of a ride, such as cars, seats or other carriers are defective and not in compliance with this chapter, such units shall be taken out of service and clearly marked with a sign reading "Out of Service," provided, however,  that such defects do not jeopardize safety and that removing these units does not unbalance the ride.      

5:14A-9.13      Voice communication and signal system

(a)  Voice communication shall be provided between the ride operators at the entrance, intermediate points, and the termination of an amusement ride where voice communication improves control of the ride by reducing a hazardous condition created by distance or lack of visibility between these points.

(b)  An additional operator and a signal system shall be provided where the operator of the ride does not have a clear view of the point at which riders are loaded or unloaded.  The additional operator shall be stationed so as to be able to observe all areas not visible to the operator of the ride.

(c)  For rides and attractions which require a spoken message of instruction or warning prior to operation, this message shall be given in a manner that is clearly audible to all riders prior to the start of each ride cycle. This message shall be in writing in the operation manual.

(d)  Any code of signals adopted for the operation of any amusement ride shall be printed and kept posted at both the operator and signalman's stations.  All persons who may use these signals shall be carefully instructed in their use.

(e)  Signals for the movement or operation of an amusement ride shall not be given until all riders and other persons who may be endangered are in a position of safety.

5:14A-9.14      Proximity to high voltage lines                     

Amusement rides shall be located so that they conform to the requirements of the High Voltage Proximity Act, N.J.S.A. 34:6-47.1 et seq.

 5:14A-9.15      Ride loading and unloading

(a)  The means of loading and unloading from each ride shall be maintained in compliance with the manufacturer's specifications and N.J.A.C. 5:14A-7.16.

            1.  Controls and dimensions in place as of the effective date of these regulations shall be permitted to remain.  All replacement components shall comply with the requirements of N.J.A.C.  5:14A-7.16 to the greatest extent possible.  

5:14A-9.16      Means of access and egress

(a)  Safe and adequate means of access and egress from amusement rides shall be maintained and shall be free from debris, obstructions, projections and slipping, tripping and other hazards. 

(b) A building housing an amusement ride shall comply with the requirements of the Uniform Construction Code (N.J.A.C. 5:23) or the Uniform Fire Code (N.J.A.C. 5:70-4), as appropriate.

(c)  Handrails shall be provided for stairs or ramps with a change in elevation of 30 inches or greater.  Guardrails shall be provided along all open-sided walking surfaces, platforms, stairways, ramps and landings which are located more than 30 inches above the floor or grade below.

            1.  Handrails or guardrails shall be continuous without interruption and shall be free of any sharp or abrasive elements.

            2.  Existing guardrails shall be at least 30 inches above the ramp surface or nose of steps and 42 inches above landings.

                        i.  Newly-installed or replacement guardrails shall be at least 42 inches above the ramp surface, nose of steps or landing.

            3.  Handrails and guardrails shall be maintained so that they are not hazardous for use under emergency exiting conditions.

5:14A-9.17      Emergency brakes and anti-rollback devices

Emergency brakes and anti-rollback devices shall be provided and maintained in compliance with N.J.A.C. 5:14A-7.25, 7.30 and 9.3.  If any apparent damage, beyond normal wear, as indicated in the maintenance manual, is occurring to the anti-rollback dogs, the ride shall be shut down and the actual impact factor tested for and designed for or mitigated and any other damaging factor accounted for and mitigated.

5:14A-9.18      Protection against moving parts or other hazards and clearance envelopes

(a)  Owners, operators and operator assistants shall be aware of any construction equipment or vehicles operating in the immediate vicinity. Any equipment encroaching on the normal range of motion (clearance envelope) of the ride shall be removed to a safe distance or the ride shall not be operated.

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

(c)  Where a public access, queuing, loading or unloading area is under the ride, overhead protection from objects that might reasonably be expected to fall from a ride (for example, items carried or worn by riders) shall be provided.

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

(e)  Amusement rides which are self‑powered and which are operated by a rider shall have the driving mechanism so guarded and the guard so secured in place as to prevent riders from gaining access to the mechanism.

(f)  Each mechanical ride shall be rendered inoperable when not attended or in use. 

(g)  Clearance envelopes shall be maintained as per manufacturer's specifications at all times during the operation of an amusement ride.

(h)  Decorations, such as flags, or lighting fixtures shall be secured in a fashion that they will not create a hazard to riders or members of the public in the event of high winds or normal vibration caused by moving equipment and shall be placed far enough from the ride so as not to encroach on the clearance envelope. 

5:14A-9.19      Rider restraint, restrictions, containment

(a)  Restraining, containing or cushioning devices shall be maintained in compliance with the manufacturer's specifications and N.J.A.C. 5:14A-7.3.

            1.  The design requirements of N.J.A.C. 5:14A-7.3 shall not apply to devices in place as of the effective date of these rules.  Replacement devices shall comply with N.J.A.C. 5:14A-7.3 to the greatest extent possible. 

5:14A-9.20      Overload and over speed

(a)  An amusement ride shall not be overcrowded, or loaded in excess of its safe carrying capacity. The maximum safe number of riders listed in the manufacturer's operations manual and on the data plate affixed to the ride shall govern loading.

(b)  Amusement rides and attractions clearly suitable for children only shall not carry adults, unless allowed by the manufacturer's operations manual.

(c)  Amusement rides shall not be operated at an unsafe speed or at any speed beyond that recommended by the manufacturer.  The maximum safe operating speed of an amusement ride can be found in the operations manual provided by the manufacturer and on the data plate affixed to the ride.

(d)  An amusement ride capable of exceeding its maximum safe operating speed shall be provided with a maximum speed limiting device.

1.  An amusement ride requiring a maximum speed-limiting device shall have the device connected in the control circuit immediately bringing the ride to a safe stop if the ride exceeds the maximum safe operating speed or the device is disabled or malfunctioning.

2.  The speed-limiting device shall not be by-passed or disabled in any way.

3.  The Department, when necessary, shall require the testing of speed limiting devices by the owner or owner's representative for reasons of ensuring proper functioning of these devices.

5:14A-9.21      Electrical equipment and wiring

(a)  All electrical equipment and wiring shall be installed and maintained in compliance with N.J.A.C. 5:14A-7.21.

1.  Equipment and wiring in place as of the effective date of these regulations shall be permitted to remain provided that is not in an unsafe or hazardous condition.  Replacement or new equipment and wiring shall conform to the requirements of N.J.A.C. 5:14A-7.21.

            i.  Such work shall be identified in the maintenance log required to be maintained pursuant to N.J.A.C. 5:14A-9.3.

            2.  The continuity of the grounding conductor system used to reduce electrical shock hazards shall be verified as outlined in section 525.32 of the NEC each time a portable ride is connected.

3.  During assembly/disassembly, no energized points/surfaces shall be exposed to any personnel.

5:14A-9.22      Pressure vessels, air compressors, pneumatic and hydraulic systems

(a)  Air compressors, air compressor tanks and appurtenances used in connection with amusement rides and attractions shall be designed, constructed, equipped and maintained to ensure safe operation.

1.  Air compressors and holding tanks used in air systems for amusement rides shall be marked with one of the following certifications:

i.  ASME: American Society of Mechanical Engineers; or

ii.  An equivalent certification approved in advance by the Bureau of Boiler and Pressure Vessel Compliance in accordance with N.J.A.C. 5:11.

2.   Air compressor tanks and other air receivers used in connection with air compressors shall be inspected to manufacturer's specifications at least once a year by a qualified person and a record of each inspection shall be kept in the maintenance log at the ride at all times.

3.  Air compressor tanks and other air receivers used in connection with air compressors shall have the maximum allowable working pressure conspicuously marked thereon.

(b)  Air compressor tanks and other receivers used in connection with air compressors shall comply with the provisions set forth at N.J.A.C. 5:11, concerning boilers, pressure vessels and refrigeration.

(c)  Air systems used in connection with safety-related devices on rides and attractions shall have a pressure-monitoring device which causes an emergency condition and ride stoppage in the event of loss of air pressure.

1.  In the event of power or air system pressure failure, all components shall fail to a position which will put the ride into the safest condition even if a mechanical means is needed to do that.

2.  In the event of restoration of air or power, the system shall not operate automatically without action by the operator to reset the system and restart the ride.

(d)  Pneumatic tubing, hose and fittings shall conform to Society of Automotive Engineers (SAE) standards or equivalent.

(e)  Hydraulic or pneumatic systems and other related equipment used in connection with amusement rides shall be free of leaks, clean and maintained to ensure safe operation at all times.

(f)  When necessary, hydraulic systems shall be equipped with a thermostat to sense overheating and prevent premature failure of components and ride breakdown.

(g)  An amusement ride which depends upon hydraulic or pneumatic pressure to maintain safe operation shall be provided with a positive means of preventing loss in hydraulic pressure that could result in injury to a rider.

1.  In the event of power, air pressure or hydraulic pressure failure, all components shall fail to a position which will put the ride into the safest condition even if a mechanical means is needed to do that.

2.  In the event of restoration of air, power or hydraulic pressure, the hydraulic system shall not operate automatically without action by the operator to reset the system and restart the ride.

(h)  Hydraulic or pneumatic lines shall be guarded so that sudden leaks or breakage will not endanger the riders or the public.

5:14A-9.23      Fire prevention

(a)  All rides manufactured after the operative date of these rules shall meet and be maintained in compliance with the requirements of N.J.A.C. 5:14A-7.14.

(b)  Replacement materials shall comply with the flame retardancy requirements of N.J.A.C. 5:14A-7.14.

(c)  Approved fire extinguishers shall be provided in accordance with NFPA 10.  Flammable waste, such as oily rags and other flammable materials, shall be placed in covered metal containers. Such containers shall not be kept at or near exits.

(d)  Gasoline and other flammable liquids and flammable gases when stored shall be kept in approved containers in reasonably cool and ventilated places and in accordance with Federal guidelines for storage of such materials. Smoking or the carrying of lighted cigars, cigarettes, pipes, candles or other open flame is prohibited in any area where such liquids or gases are stored or are transferred from one container to another.

5:14A-9.24      Non-destructive testing

(a)  Non destructive testing shall be performed by the owner pursuant to the provisions of the nondestructive testing plan required at N.J.A.C. 5:14A‑2.15, with such additional requirements as may be established by the Department for a specific ride.

(b)  The nondestructive testing plan shall include, but not be limited to:

1.  The part to be tested, including photographs or illustrations;

2.  The percentage of parts of each type to be tested;

3.  How often the parts are to be tested; and

4.  Type of NDT specified by manufacturer.

(c)  The owner shall prepare a report, in writing, for all non destructive tests performed.

(d)  The report of the non destructive tests shall include the following:

1.  The name and business address of the owner;

2.  The date and location where the test was performed;

3.  The name of the ride;

4.  The manufacturer's name and the serial number of ride;

5.  The name and business address of firm that conducted the test;

6.  The type of non‑destructive test performed and a description of the test equipment by name and serial number;

7.  The results and certification of results and the criteria used for acceptance or rejection of the part(s);

8.  The part name, part number, and quantity of each part that was inspected;

9.  A statement that the test was performed in compliance with the ride manufacturer's maintenance manual or bulletin, identifying the bulletin by number and giving the date of publication or revision, a copy of the NDT statement, U.S. Consumer Product Safety Commission (CPSC) test requirement, owner's requirement or Department requirement being followed;

10.  A detailed map, drawing, or photograph of sufficient clarity showing the area tested;

11.  If rejected, a detailed sketch of the area repaired, the manufacturer's recommendation for repair, repair method used and the results of the retest;

12.  Level of certification and signature of person performing test; and

13.  Level of certification and signature of person interpreting the test results.

(e)  The report required in (d) above shall be received by the Department prior to operation of the ride in the State or prior to the expiration date of the NDT report on file with the Department.

(f)  The inspector witnessing the NDT or inspecting the ride for the first time shall receive a copy of the technician's field report to submit with the inspection report.

(g)  In the event a visual NDT inspection is ordered by the manufacturer or a regulatory agency, and discontinuities are found, the owner or regulatory agency shall order additional NDT inspection using another more stringent method of NDT inspection.

(h)  A visual weld or crack inspection ordered by a manufacturer in the form of a safety bulletin requiring a "qualified person" to perform the test, shall be done by a Level II NDT technician or a AWS certified welder and the testing shall be done in accordance with AWS D1.1 testing standards.

5:14A-9.25      Wind and storm hazards

(a)  Operators and operator assistants shall be aware of weather conditions including, but not limited to, wind, rain, lightning and any approaching storm.

(b)  An amusement ride which is exposed to wind or storm shall not be operated under dangerous weather conditions except to release or discharge riders.

(c)  Manufacturer wind and weather related restrictions shall be followed during periods of wind or storm.  The restrictions shall be addressed in the operation manual, which shall be on site at all times.

5:14A-9.26      Accident, incident or mechanical breakdown reporting

Accidents, incidents or mechanical breakdowns shall be reported as required by N.J.A.C. 5:14A-4.13.

5:14A-9.27      Imminent danger

(a)  If the Department finds that an amusement ride presents an imminent danger, a notice warning all persons against the use of the ride shall be attached to the ride. Such notice shall not be removed until the ride is made safe, re-inspected and then the warning notice will be removed by the Department.

(b)  The amusement ride shall not be used while the Department's notice is posted.

5:14A-9.28      Cleanliness

(a)  A suitable number of trash containers shall be provided in and around amusement rides. Accumulations of trash shall be promptly removed.

(b)  All parts of amusement devices and temporary structures used by riders or customers shall be maintained in a clean condition.

(c)  The operator and operator assistants are responsible for the cleanliness of the ride.

5:14A-9.29      Water quality

(a)  Water impounded by the ride owner and used as an integral part of a water amusement ride, whether it be a part of a water contact ride or a water noncontact ride, which could expose the public to a safety or health hazard shall be maintained in a safe and sanitary condition in accordance with this section.

(b)  The owner of any water amusement ride as described in (a) above shall provide evidence of the sanitary condition of such water when requested by the Department and shall comply with N.J.A.C. 8:26, as applicable.

(c)  Impounded water, when in use, shall be:

1.  Sufficiently clear to permit the bottom of the water reservoir, at its deepest point, to be visible from an outside edge of the reservoir.

2.  Aesthetically pleasing;

3.  Free of floating or suspended matter; and

4.  Sanitary for water contact rides.                    

5:14A-9.30      Lighting

Amusement rides, access thereto, and means of egress therefrom, while in operation or occupied, shall be provided with illumination by natural or artificial means sufficient to guard against injuries to the public.

5:14A-9.31      Wire rope

(a)  Wire rope on amusement rides shall be thoroughly examined periodically. Wire rope found to be damaged shall be replaced with new rope of proper design and capacity as per the manufacturer's specifications. Any of the following conditions shall be cause for replacement:

1.  In running ropes, six randomly distributed broken wires in one rope lay or three broken wires in one strand in one rope lay;

2.  In pendants or standing ropes, evidence of more than one broken wire in one rope lay;

3.  Any condition which causes the loss of more than one- third of the original diameter of the outside individual wires;

4.  Severe corrosion;

5.  Kinking, crushing, bird-caging, or other damage resulting in distortion of the rope structure;

6.  Heat damage;

7.  Reduction from normal diameter of more than 3/64 inch for diameters up to and including 3/4 inch, 1/16 inch for diameters, 7/8 inch to 1-1/8 inches, 3/32 inch for diameters 1-1/4 inches to l-1/2 inches;

8.  Birdcaging or other distortion resulting in some members of the rope structure carrying more load than others; or

9.  Noticeable rusting or development of broken wires in the vicinity of attachments. When this condition is localized in an operational rope, it may be eliminated by making a new attachment.

(b)  Wire ropes used to support, suspend, bear or control forces and weights involved in the movement and utilization of tubs, cars, chairs, seats, gondolas, other carriers, the sweeps, or other supporting members of an amusement ride shall not be lengthened or repaired by splicing. In addition, these shall have a redundant support system capable of carrying the full load.  Redundancy of the support system may also be accomplished with a design that includes a higher safety factor in the manufacture of the support system.

(c)  Rides utilizing vehicles hanging or suspended from a wire rope shall relocate the vehicles on an annual basis as required by manufacturer's specifications.

(d)  Previous fastening points shall be clearly marked for identification when disassembling.

5:14A-9.32      Internal combustion engines

(a)  Internal combustion engines shall be of adequate type, design, and capacity to handle the design load.

(b)  Where fuel tanks of internal combustion engines for amusement rides are not of adequate capacity to permit uninterrupted operation during normal operating hours, the amusement ride shall be closed down and unloaded or evacuated during the refueling procedure.  The fuel supply shall not be replenished while the engine is running.

(c)  Where an internal combustion engine for an amusement ride is operated in an enclosed area, the exhaust fumes shall be discharged to the outside.

(d)  Internal combustion engines for amusement rides shall be located to permit proper maintenance and shall be protected by guards, fencing or enclosure.

5:14A-9.33      Rider conduct

(a)  The owner shall have the right to refuse any member of the public admission to a ride if his or her bearing or conduct might endanger himself, herself or other members of the public.

(b)  The owner shall have the right to refuse admittance to any ride if the intended rider's health or physical condition makes it unsafe for him or her to use the ride.

(c)  The owner shall refuse a rider admission to a major or super ride if the rider cannot meet a companion or height restriction if the ride is subject to such a restriction. Legible signs to this effect shall be posted in full view of the public seeking admission to major or super rides.

(d)  The following sign shall be placed in a conspicuous public place on or near the ride at a height that is easy to read.

1.  "State law requires that each rider must obey all written warnings and directions regarding this ride and refrain from behaving in a reckless manner which may cause or contribute to injury to the rider or others. Failure to comply is a violation of law and subject to penalty under the New Jersey Code of Criminal Justice pursuant to N.J.S.A. 5:3-36.1. Violators may be subject to a fine of up to $1,000 and imprisonment of up to 6 months."

2.  This sign is in addition to any other required signage per this chapter.

5:14A-9.34      Warning sign

(a) On major or super rides that expose a rider to high speed, substantial centrifugal force or a high degree of excitement, the owner shall post a conspicuous warning sign at the entrance of the ride advising the public of the potential risk to riders.

(b)  The signs required shall be in sharply contrasting colors and be legible to a person of normal vision standing at a point of entrance to the ride.

(c)  The sign required by this section shall read as follows or express an equivalent warning:

"Normal operation of this ride may be hazardous to the following people:

Those who are pregnant;                      

Those with heart conditions;

Those with serious back problems;

1.  Exception: Signs installed before October 1, 2002 and conforming to N.J.A.C. 5:14-5.11 may continue to be used until they are replaced on a normal replacement basis.

(d)  Operators and operator assistants are responsible for the maintenance of signage in or around the ride. Rides and attractions requiring signs inside each vehicle instructing riders of the safest way to ride shall be maintained at all times. If any vehicle is missing the safety signage, the vehicle should be tagged "Out of Service" until the sign can be replaced.

(e)  All rides and attractions shall have a legible sign in plain view of the riding public indicating the height restriction for that ride.  Any other limitations on who can use the ride shall be clearly stated on the sign.

(f)  The owner or operator shall not post any sign that prohibits or discourages any handicapped or physically challenged person from using the ride, provided, however, that this prohibition shall not apply to any notice of manufacturer's requirements for safe use of the ride.

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