Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-The Amusement Ride Inspection Act
					 (4 P.
					 S. §
											§
											401-419).
Affiliated qualified inspector
-A qualified
					 inspector with a Department-issued certificate and credential card authorizing
					 that person to act as a qualified inspector only with respect to the amusement
					 rides or amusement attractions of the owner or lessee designated on that
					 certificate and credential card. An affiliated qualified inspector is not a
					 general qualified inspector.
Amusement attraction
-
(i) A building or structure around, over or
				  through which people may move or walk, without the aid of a moving device
				  integral to the building or structure, that provides amusement, pleasure,
				  thrills or excitement.
(ii) The
				  term does not include an enterprise principally devoted to the exhibition of
				  products of agriculture, industry, education, science, religion or the
				  arts.
Amusement park
-A tract or area used
					 principally as a location for permanent amusement structures or rides.
Amusement ride
-A device that carries,
					 suspends or conveys passengers along, around or over a fixed or restricted
					 route or course or within a defined area, for the purpose of giving its
					 passengers amusement, pleasure, thrills or excitement.
ASTM-American Society for Testing
					 Materials
-This organization is currently named and known as ASTM
					 International.
ASTM International
-The organization
					 formerly known as ASTM or the American Society for Testing Materials.
ASTM International F-24 Committee
					 Standards
-The ASTM standards promulgated by the ASTM International
					 F-24 Committee, as published in the current annual book of ASTM International
					 Standards Volume 15.07, or its successor document.
ASTM standards
-Standards promulgated by
					 the ASTM entitled
Standard Guide for the Classification of Amusement
					 Ride and Device Related Injuries and Illnesses
, designation ASTM F
					 1305, or its successor, which provide procedures for the uniform classification
					 of data related to amusement ride and device injuries and illnesses.
Attendant
-A person having responsibility
					 for some aspect of the operation of an amusement ride or attraction, but who is
					 not an operator.
Board
-The Amusement Ride Safety Advisory
					 Board.
Carnival
-An itinerant enterprise
					 consisting principally of temporary amusement structures or mechanical
					 rides.
Class I amusement ride or amusement
					 attraction
-A type of amusement ride or amusement attraction with
					 respect to which the following apply:
(i) The ride or attraction is on the
				  Department's most current list of approved rides.
(ii) The ride or attraction is a
				  comparatively simple ride such as bumper cars, bumper boats, a multipassenger
				  coin-operated kiddie ride, go-carts, a live animal ride, a manually powered
				  ride, a miniature train, an inflatable bounce ride, slide or similar
				  device.
(iii) The Department has,
				  on its most current list of approved rides, designated the ride or attraction
				  as belonging within "Class I" for purposes of establishing the appropriate
				  required minimum liability insurance coverage required with respect to that
				  ride or attraction, in accordance with section 14(a)(1) of the act
				  (4 P.
				  S. §
											414(a)(1)).
Class II amusement ride or amusement
					 attraction
-A type of amusement ride or amusement attraction with
					 respect to which the following apply:
(i) The ride or attraction is on the
				  Department's most current list of approved rides.
(ii) The Department has, on its most current
				  list of approved rides, designated the ride or attraction as belonging within
				  "Class II" for purposes of establishing the appropriate required minimum
				  liability insurance coverage required with respect to that ride or attraction,
				  in accordance with section 14(a)(2) of the act.
Commercially used
-In the context of
					 amusement rides and amusement attractions, the term includes any ride or
					 attraction offered for use by persons in consideration of payment of a ticket
					 fee, an entry fee, a rental fee or any other fee or charge as a condition of
					 use of the ride or attraction.
Department
-
(i) The Department of Agriculture of the
				  Commonwealth.
(ii) The term
				  includes employees of the Department.
Fair
-An enterprise principally devoted to
					 the periodic and recurring exhibition of products of agriculture, industry,
					 education, science, religion or the arts that has one or more amusement rides
					 or attractions operated in conjunction therewith in either temporary or
					 permanent structures.
General qualified inspector
-A qualified
					 inspector with a Department-issued certificate and credential card authorizing
					 that person to act as a qualified inspector, without limiting the exercise of
					 that inspection authority to the amusement rides or amusement attractions of a
					 particular owner or lessee. A general qualified inspector is not an affiliated
					 qualified inspector.
Inspection
-Inspection by a qualified
					 inspector of an amusement ride, device or attraction for compliance with the
					 act and this chapter.
Kiddy ride or kiddie ride
-An amusement
					 ride or attraction designed primarily for use by children up to 12 years of
					 age.
Lessee
-A person who leases an amusement
					 ride or attraction from its owner, or from an authorized representative of an
					 owner.
Major modification
-A change in either the
					 structural or operational characteristics of an amusement ride or amusement
					 attraction which can alter its performance from that specified in the
					 manufacturer's design criteria.
Major ride
-An amusement ride or attraction
					 that is not a kiddy ride.
National Electrical Code
-The National
					 Electrical Code NFPA No. 70-E, as revised, amended or corrected.
New amusement ride or amusement attraction
-An amusement ride or attraction of a design not previously operated in this
					 Commonwealth and for which no regulations have been adopted.
Operation
-
(i) When used in the context of an amusement
				  ride or attraction, the term includes the loading of persons onto the ride or
				  attraction, the physical movement of the ride or-in the case of nonmechanical
				  rides (such as slides) or attractions-the movement of persons on or through the
				  ride or attraction, and the unloading of persons from the ride or
				  attraction.
(ii) The term does not
				  include the portion of a patron line that extends outside of any fence, wall,
				  guardrail or gate that limits access to the amusement ride or amusement
				  attraction and that is required in order for the ride or attraction to meet the
				  ASTM International F-24 Committee Standards.
(iii) The term does not include that portion
				  of a patron line that extends outside or beyond any device or object that
				  limits or identifies control access for the ride or attraction if a fence,
				  wall, guardrail or gate is not required in order for the ride or attraction to
				  meet ASTM International F-24 Committee Standards.
Operator
-A person actually engaged in or
					 directly controlling the operation of an amusement ride or attraction.
Owner
-
(i) A person who owns an amusement ride or
				  attraction.
(ii) The term excludes
				  the Commonwealth or its political subdivisions.
Pennsylvania Construction Code Act
-35 P.
					 S. §
										§ 7210.101-7210.1103.
Permanent structure
-A structure, enclosure
					 or arrangement of parts, used or intended to be used for or as an amusement
					 ride or attraction, that is erected to remain a lasting part of the
					 premises.
Person
-Includes a corporation,
					 partnership, limited liability company, business trust, other association,
					 government entity (other than the Commonwealth), estate, trust, foundation or
					 natural person.
Professional engineer
-
(i) An individual licensed and registered
				  under the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §
											§
											148-158.2) or a successor statute to
				  engage in the practice of engineering.
(ii) The term does not include a person who
				  is exempt from licensure and registration under section 5(b) of the Engineer,
				  Land Surveyor and Geologist Registration Law (63 P. S. §
											152(b)).
Qualified inspector
-
(i) A person certified by the Department who
				  by education, training or experience is knowledgeable with amusement ride
				  operating manuals and the psychological effects each ride has upon a passenger.
				  The person shall also be experienced in the erection and dismantling of
				  amusement rides and shall be familiar with the specific equipment with that
				  particular operator.
(ii) The term
				  includes affiliated qualified inspectors and general qualified
				  inspectors.
Secretary
-The Secretary of the
					 Department.
Serious injury or illness
-
(i) An injury or illness that requires one or
				  more of the following:
(A) Offsite emergency
				  first aid.
(B) Offsite medical
				  treatment, whether it is administered or recommended or may be required at a
				  future date.
(C) Observation by a
				  licensed physician.
(D) Admission
				  to a hospital.