reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 6 - VIOLATIONS, PENALTIES, REMEDIES AND INVESTIGATIONS › Section 5:14A-6.1 - Title; scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(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."
(b) This subchapter establishes the procedures for
				owners, operators or manufacturers to follow upon receipt of an order of the
				Commissioner and establishes the amount of penalties and reasons for action and
				provides information on Department investigations.
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 6 - VIOLATIONS, PENALTIES, REMEDIES AND INVESTIGATIONS › Section 5:14A-6.2 - Revocation of carnival-amusement ride permit, certification or approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any owner may have
				his or her amusement ride permit or individual approval revoked for:
1. Incompetence;
2. Negligence;
3. Continuing to operate an amusement ride without
				the Department's authorization when an incident as described in
				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. Continuing to operate an
				amusement ride after having been notified by the Department that the ride has been
				determined by the Department to be unsafe or hazardous, or potentially unsafe or
				hazardous;
7. Failure or refusal to
				comply with an order to provide to the Department any engineering data or report or
				other information concerning the ride that may be required by the
				Department;
8. Failure to maintain, or
				failure or refusal to provide, records concerning the maintenance of the ride that
				may be required by the Department;
9.
				Knowingly submitting false, invalid or fraudulent information that is not related to
				the design of the ride or its safe operation; or
10. Failure to comply with the Carnival-Amusement
				Ride Safety Act,
				5:3-31 et seq., orders of the
				Commissioner, or this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 6 - VIOLATIONS, PENALTIES, REMEDIES AND INVESTIGATIONS › Section 5:14A-6.3 - Administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 6 - VIOLATIONS, PENALTIES, REMEDIES AND INVESTIGATIONS › Section 5:14A-6.4 - Appeals and hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(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, PO Box 802, Trenton, New
				Jersey 08625-0802. All hearings shall be conducted pursuant to the Administrative
				Procedure Act, 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,
				2A:58-10 et seq.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 6 - VIOLATIONS, PENALTIES, REMEDIES AND INVESTIGATIONS › Section 5:14A-6.5 - Suspension or revocation of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				immediately suspend or revoke a permit, prior to a hearing, when it is determined
				that the violations listed in
				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
				52:14B-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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 6 - VIOLATIONS, PENALTIES, REMEDIES AND INVESTIGATIONS › Section 5:14A-6.6 - Re-inspections following a suspension or shut down and investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(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
				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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 6 - VIOLATIONS, PENALTIES, REMEDIES AND INVESTIGATIONS › Section 5:14A-6.7 - Departmental remedies for non-compliant manufacturers

Current through Register Vol. 56, No. 14, July 15, 2024
(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 (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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 6 - VIOLATIONS, PENALTIES, REMEDIES AND INVESTIGATIONS › Section 5:14A-6.8 - Stop work orders

Current through Register Vol. 56, No. 14, July 15, 2024
If the construction, assembly, alteration or repair of a ride is
				  being undertaken contrary to the provisions of this chapter, or in a manner that
				  presents a danger to the public or employees, the Department may issue a stop work
				  order in writing which shall be given to the owner or the owner's representative. No
				  person shall continue or cause to allow to continue the assembly or maintenance of
				  any ride in violation of a stop work order except with the permission of the
				  Department to abate a dangerous condition, or remove a violation, or except by court
				  order. If a stop work order is not obeyed, the Department may apply to the
				  appropriate court as established by law for an order enjoining the violation of the
				  stop work order. The remedy for violation of such an order provided in this section
				  shall be in addition to, and not in limitation of, any other remedies provided by
				  the chapter, law or ordinance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 7 - DESIGN AND CONSTRUCTION › Section 5:14A-7.1 - Title; scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(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) The intent of this subchapter is to provide
				minimum criteria for the design and construction of amusement rides and
				devices.
(c) The scope of this
				subchapter shall include the design and construction of all amusement rides and
				devices whose design criteria are not specifically addressed in another subchapter
				of this chapter.
(d) The scope of this
				subchapter shall not include:
1. Unmodified
				portions of rides subjected to a major modification when certified by the
				manufacturer or by the engineer as unaffected by the modification;
2. Amusement rides and devices whose design
				criteria are specifically addressed in another subchapter of this chapter;
3. Soft-play equipment, subject to this chapter
				because of its location with other amusement rides, which shall meet ASTM F 1918,
				Standard Safety Performance Specification for Soft Contained Play Equipment, and all
				applicable rules.
4. Passenger ropeways,
				which shall comply with ANSI B77.1, "American National Standard for Passenger
				Ropeways--Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors--Safety
				Requirements."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 7 - DESIGN AND CONSTRUCTION › Section 5:14A-7.2 - Adoption as amended of ASTM practice F2291-14

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Standard
				Practice for Design of Amusement Rides and Devices, designated by the ASTM
				International (ASTM) as F2291-14, is adopted by reference, as amended, and made part
				of this subchapter and shall be enforced as part of this subchapter.
(b) Notwithstanding any provisions stated in the
				standard, where specific provisions of the standard conflict with the provisions
				expressly set forth in this chapter, the provisions set forth in this chapter shall
				govern.
(c) The following sections of
				the standard are modified as follows:
1. Section
				1, Scope, shall be amended as follows:
i. Section
				1.1 shall be deleted in its entirety.
ii. Section 1.2 shall be deleted in its
				entirety.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 7 - DESIGN AND CONSTRUCTION › Section 5:14A-7.3 - Speed-limiting devices and operator presence devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An amusement ride
				capable of exceeding its maximum safe operating speed shall be provided with a
				speed-limiting device.
(b) All powered
				amusement rides and devices shall be equipped with a properly functioning operator
				presence device.
1. 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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 7 - DESIGN AND CONSTRUCTION › Section 5:14A-7.4 - Fire prevention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fabrics constituting
				part of an amusement ride shall be documented to have a flame resistance that meets
				NFPA 701, or shall meet the NFPA 705 field test. Products which do not meet any of
				these requirements or an acceptable equivalent standard approved by the Department
				shall not be permitted.
(b) All
				materials used in an amusement ride in rider compartments and larger volume or
				surface area materials shall comply with the following:
1. Materials used in fully enclosed rider
				compartments where riders cannot get out of the compartment independently shall have
				a Class I flame spread rating (0-25) in accordance with ASTM E 84 and shall have a
				smoke development rating of 450 or less. All padding or upholstered materials within
				the compartments shall have a char length not exceeding 1.5 inches when tested in
				accordance with NFPA 261.
2. All
				materials other than those used in fully enclosed rider compartments shall have a
				Class III flame spread rating (76-200) in accordance with ASTM E 84. For rides in an
				enclosable building, materials shall have a smoke development rating of 450 or
				less.
3. Exception: Paints, wall
				coverings not greater than 1/28 inch thick, lubricants and fuels shall not be
				required to meet the flame spread and smoke development rating
				requirements.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 7 - DESIGN AND CONSTRUCTION › Section 5:14A-7.5 - Construction requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All rides shall be
				subject to approval pursuant to N.J.A.C. 5:14A-2. Any building or structure
				associated with, as a functional part of or housing the ride shall be constructed in
				conformance with the State Uniform Construction Code and maintained in conformance
				with the State Uniform Fire Code. Additionally, permits and inspections, as required
				by the State Uniform Construction Code, N.J.A.C. 5:23, or the State Uniform Fire
				Code, N.J.A.C. 5:70, shall be obtained for the following:
1. Footings and foundations;
2. Plumbing or electrical connections, whether
				permanent or temporary;
3. Closed
				construction;
4. Tents; or
5. Flame producing appliances.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 7 - DESIGN AND CONSTRUCTION › Section 5:14A-7.6 - Design for loading and unloading

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Safe and adequate
				means of loading and unloading each ride, ride element, or ride vehicle shall be
				provided. The ride shall be designed to protect against unsafe loading or
				unloading.
(b) When a ride is in a
				building, the following shall apply:
1. The
				minimum clear width to access a seat is 12 inches. If more than seven seats must be
				accessed, the access width shall be increased by 0.6 inches per seat up to a maximum
				of 22 inches; and
2. The maximum number
				of seats that can be accessed from one side is 24 seats or 30 feet, whichever is
				less.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 7 - DESIGN AND CONSTRUCTION › Section 5:14A-7.7 - Identification, data plates, and manufacturer's information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Amusement rides
				and devices shall be identified and have an Information Plate as required by ASTM F
				1193.
(b) The information plate shall be
				of metal, or equivalent, with information legibly impressed.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 7 - DESIGN AND CONSTRUCTION › Section 5:14A-7.8 - Quality assurance program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The quality
				assurance program for manufacture, assembly, erection, modification, or
				reconditioning, shall contain, at a minimum, all of the following:
1. Drawings:
i.
				Drawing numbers shall be unique;
ii.
				Revision blocks shall be clear and track what changed in the revision;
iii. If jigs were fabricated or used, each jig
				shall have a jig identification, and each jig used shall be identified, with
				appropriate settings, on the assembly or fabrication drawing;
iv. Tolerances and finishes shall be specified,
				where necessary; and
v. Drawings shall
				adhere to an accepted drawing standard;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 7 - DESIGN AND CONSTRUCTION › Section 5:14A-7.9 - Means of access and egress

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All walking
				surfaces, including, but not limited to, waiting areas, loading and unloading areas,
				platforms, landings, stairs and ramps, shall be stable, firm and slip
				resistant.
(b) Safe and adequate means
				of access to and egress from an amusement ride shall be provided. Stairways or ramps
				and connecting landings or platforms shall be provided where the entrance to or exit
				from a ride is not at grade.
(c) A
				building housing an amusement ride shall comply with the requirements of the Uniform
				Construction Code (N.J.A.C. 5:23).
(d)
				When a ride is in a building, the exit access travel distance shall be measured from
				the most remote point on the ride to determine compliance with the maximum exit
				access travel distance requirements of the Uniform Construction Code.
(e) Where the ride itself creates an enclosed
				space, two means of egress shall be provided.
1. A
				single means of egress shall be permitted if the occupant load does not exceed 50
				persons and the exit access travel distance does not exceed 75 feet.
2. Dead end passageways shall not exceed 35
				feet.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.1 - Title; scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.2 - Required notice, itinerary, and book-on rides

Current through Register Vol. 56, No. 14, July 15, 2024
(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;
4. Include any additions or
				book-ons that will be operating at the site; and
5. Include the certificate of compliance for
				portable or vehicle-mounted generators, the associated components, and the portable
				distribution system, as per
				N.J.A.C.
				5:23-2.20(f).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.3 - Maintenance, inspections and tests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No amusement ride
				shall be opened to the public without having completed all applicable maintenance
				and operation inspections, including recording of results.
(b) Maintenance shall be performed, and
				maintenance checklists shall be completed, by a maintenance technician experienced
				in the proper maintenance of the ride, as per the maintenance manual. This work
				shall be performed within the timeframe specified in the maintenance manual and
				records shall be in compliance with
				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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.4 - Identification, data plates and manufacturer's information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A data plate that
				conforms to the requirements of
				5:14A-7.7 shall be affixed to each ride.
1. Where no manufacturer's serial number is
				available and the ride was manufactured prior to December 16, 2002, an
				identification number supplied by the owner and registered with the Department shall
				be used.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.5 - Assembly and disassembly

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Assembly or
				disassembly of an amusement ride, and inspection thereof, shall be performed in
				accordance with the appropriate manual (5:14A-2.14 ) by, or under the
				supervision of, an RCMT.
1. Exception: Assembly and
				disassembly required during the set-up or tear down of an inflatable amusement ride,
				as described in the set-up manual, shall not require an RCMT, but shall be performed
				by a maintenance technician.
2.
				Exception: Assembly and disassembly required during performance of a minor repair
				shall not require an RCMT, but shall be performed by a maintenance
				technician.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.6 - Prohibited use

Current through Register Vol. 56, No. 14, July 15, 2024
(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 waived 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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.7 - Set-up and installation

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.9 - Operator qualifications and training

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.10 - Lock-out procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.11 - Maintenance and repair

Current through Register Vol. 56, No. 14, July 15, 2024
(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 or, when the design is performed out-of-State, another qualified
				individual with substantially equivalent credentials 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 or, when the design is performed
				out-of-State, another qualified individual with substantially equivalent credentials
				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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.12 - Vehicle integrity

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.13 - Voice communication and signal system

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.14 - Proximity to high voltage lines

Current through Register Vol. 56, No. 14, July 15, 2024
Amusement rides shall be located so that they conform to the
				  requirements of the High Voltage Proximity Act,
				  34:6-47.1 et seq.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.15 - Ride loading and unloading

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The means of loading
				and unloading from each ride shall be maintained in compliance with the
				specifications and
				5:14A-7.6.
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
				5:14A-7.6 to the greatest extent
				possible.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.16 - Means of access and egress

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.17 - Safety brakes

Current through Register Vol. 56, No. 14, July 15, 2024
Safety brakes and anti-rollback devices shall be provided and
				  maintained in compliance with sections 13.4 and 13.7 of ASTM F 2291, as amended in
				  5:14A-7.2, and
				  5:14A-9.3.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.18 - Protection against moving parts or other hazards and clearance envelopes

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.19 - Rider restraint, restrictions, containment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Restraining,
				containing, or cushioning devices shall be maintained in compliance with the
				manufacturer's specifications and Chapter 6 of ASTM F 2291, as amended in
				5:14A-7.2.
1. The design requirements of Chapter 6 of ASTM F
				2291, as amended in
				5:14A-7.2 shall not apply to devices in
				place as of December 16, 2002. Replacement devices shall comply with Chapter 6 of
				ASTM F 2291, as amended in
				5:14A-7.2 to the greatest extent
				possible.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.20 - Overload and over speed

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.21 - Electrical equipment and wiring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each amusement ride
				having supply circuit(s) for electrical power shall be provided with a disconnecting
				means for each supply circuit that, as a minimum, meets the following requirements:
1. Be a manually operable switch, circuit breaker,
				or attachment plug and receptacle (for cord connection);
2. Disconnects all ungrounded conductors of the
				supply circuit;
3. Marked to identify as
				a disconnecting means and the load it disconnects;
4. If multiple supply circuit disconnecting means,
				marked to denote the location of all other supply circuit disconnecting
				means;
5. Clearly indicates whether in
				the open (off) or closed (on) position;
6. No exposed live (powered) parts with the
				disconnecting means in the open (off) position; and
7. Capable of being locked in the open (off)
				position or provided with a lockable means to prevent access to the disconnect when
				placed in the open (off) position.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.22 - Pressure vessels, air compressors, pneumatic and hydraulic systems

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.23 - Fire prevention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All rides
				manufactured after December 16, 2002 shall meet and be maintained in compliance with
				the requirements of
				5:14A-7.4.
(b) Replacement materials shall comply with the
				flame retardancy requirements of
				5:14A-7.4.
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 9 - OPERATION › Section 5:14A-9.24 - Non-destructive testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Non-destructive
				testing shall be performed by the owner pursuant to the provisions of the
				nondestructive testing plan required at
				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.