NEWFOUNDLAND AND LABRADOR REGULATION 40/25

NLR 118/96
as amended

1. Section 2 of the Amusement Rides and Elevating Devices Regulations is repealed and the following substituted:

Definitions

2. In these regulations,

(a) "Act" means the Public Safety Act;

(b) "certified elevating device mechanic" means a person who holds an elevating device mechanic certificate referred to in section 5.2;

(d) "chief inspector" means the chief inspector of amusement rides and elevating devices;

(e) "condition report" means the report referred to in subparagraph 12(2)(b)(ii);

(f) "direct supervision" means supervised by a person who is

(i) located at the same premises as the supervised person, and

(ii) in sufficient proximity to

(A) observe the supervised person directly without the aid of electronic devices,

(B) provide verbal direction and immediate assistance to the supervised person, and

(g) "government service centre" means the government service centre of the department;

(h) "licensed elevating device contractor" means a person who holds an elevating device contractor licence referred to in section 5.4;

(i) "licensed inspection contractor" means a person who holds an inspection contractor licence referred to in section 6.4;

(j) "lift for barrier free access" means an elevating device that

(i) travels between fixed points of a building structure,

(ii) is restricted as to access, speed, travel and type of operation, and

(iii) is specifically designed to be used by a person with a physical disability;

(k) "mechanic-in-training" means a person who is

(i) currently enrolled in the Canadian Elevator Industry Educational Program offered by the International Union of Elevator Constructors or an equivalent program acceptable to the chief inspector, and

(ii) employed by a licensed elevating device contractor; and

(l) "passenger ropeway" means an elevating device that is designed and constructed to move a person along a horizontal or inclined pathway by means of a hauling rope that is driven by a non-portable power unit, and includes a bar lift, chair lift, gondola lift, reversible ropeway or ropetow.

2. (1) Subsection 4(1) of the regulations is repealed and the following substituted:

Codes applicable

4. (1) The standard for design, construction, installation, inspection and maintenance of all amusement rides and elevating devices in the province shall be in accordance with the following codes and standards:

(a) ASME A17.1/CSA B44 – Safety Code for Elevators and Escalators;

(b) ASME A17.8/CSA B44.8 – Standard for Wind Turbine Tower Elevators;

(c) CSA Standard B44.2 – Maintenance Requirements and Intervals for Elevators, Dumbwaiters, Escalators, and Moving Walks;

(d) CAN/CSA B311 – Safety Code for Manlifts;

(e) CAN/CSA B355 – Platform Lifts and Stair Lifts for Barrier Free Access;

(f) CAN/CSA Z98 – Passenger Ropeways and Passenger Conveyors;

(g) CAN/CSA Z185 – Safety Code for Personnel Hoists;

(h) CAN/CSA Z256 – Safety Code for Material Hoists;

(i) ASTM F2783 – Standard Practice for Design, Manufacture, Operation, Maintenance, and Inspection of Amusement Rides and Devices, in Canada;

(j) ASTM F747 – Standard Terminology Relating to Amusement Rides and Devices;

(k) ASTM F770 – Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices;

(l) ASTM F1193 – Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices;

(m) ASTM F2291 – Standard Practice for Design of Amusement Rides and Devices;

(n) ASTM F2974 – Standard Practice for Auditing Amusement Rides and Devices;

(o) ASTM F2007 – Standard Practice for Design, Manufacture, and Operation of Concession Go-Karts and Facilities;

(p) ASTM F2376 – Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems;

(q) ASTM F2460 – Standard Practice for Special Requirements for Bumper Boats;

(r) ASTM F2959 – Standard Practice for Aerial Adventure Courses;

(s) CSA C22.1 – Canadian Electrical Code, Part I;

(t) a code or standard adopted under the Boiler, Pressure Vessel and Compressed Gas Regulations for hydraulic or pneumatic systems relating to amusement rides or elevating devices; and

(u) a standard, specification, code or other document referred to in a code or standard referred to in paragraphs (a) to (t).

(2) Subsection 4(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the chief inspector".

3. The regulations are amended by adding immediately after section 5 the following:

Elevating devices – qualifications and restrictions

5.1 (1) A person shall not construct, install, alter, repair, maintain, service or test an elevating device unless the person

(a) is a certified elevating device mechanic in relation to that elevating device; or

(b) is a mechanic-in-training and works under the direct supervision of a certified elevating device mechanic in relation to that elevating device.

(2) A person shall not carry on business constructing, installing, altering, repairing, maintaining, servicing or testing elevating devices unless the person is a licensed elevating device contractor for that elevating device.

Elevating device mechanic certificate

5.2 (1) The chief inspector shall issue an elevating device mechanic certificate to a person who

(a) submits an application to the government service centre in the form set by the chief inspector;

(b) pays the fees set by the minister; and

(2) For the purposes of paragraph (1)(c),

(a) a person applying for a class A elevating device mechanic certificate shall provide proof, satisfactory to the chief inspector, that the person

(i) has successfully completed the 4-year Canadian Elevator Industry Education Program offered by the International Union of Elevator Constructors or an equivalent educational program acceptable to the chief inspector, or

(ii) has the training and work experience acceptable to the chief inspector;

(b) a person applying for a class B elevating device mechanic certificate shall provide proof, satisfactory to the chief inspector, that the person

(i) has successfully completed a 2-year training program similar to the program described in paragraph (a) or an equivalent educational program acceptable to the chief inspector, or

(ii) has the training and work experience acceptable to the chief inspector; and

(c) a person applying for a class C elevating device mechanic certificate shall provide proof, satisfactory to the chief inspector, that the person has the training and work experience acceptable to the chief inspector.

(3) An elevating device mechanic certificate is valid for a period of 12 months from the date of issuance.

(4) The chief inspector shall renew an elevating device mechanic certificate where, prior to the expiry of the elevating device mechanic certificate, the person

(a) submits an application for renewal to the government service centre in the form set by the chief inspector;

(b) pays the fees set by the minister; and

(c) provides proof, satisfactory to the chief inspector, that the person has been regularly employed as a certified elevating device mechanic during the preceding 12 months.

Elevating device mechanic certificate - scope

5.3 (1) A class A elevating device mechanic certificate authorizes the holder to construct, install, alter, repair, maintain, service or test all elevating devices except passenger ropeways.

(2) A class B elevating device mechanic certificate authorizes the holder to construct, install, alter, repair, maintain, service or test lifts for barrier free access.

(3) A class C elevating device mechanic certificate authorizes the holder to construct, install, alter, repair, maintain, service or test passenger ropeways.

Elevating device contractor licence

5.4 (1) The chief inspector may issue an elevating device contractor licence to a person who

(a) submits an application to the government service centre in the form set by the chief inspector;

(b) pays the fees set by the minister; and

(2) For the purposes of paragraph (1)(c),

(a) a person applying for a class A elevating device contractor licence shall provide proof, satisfactory to the chief inspector, that the person

(i) holds a class A elevating device mechanic certificate, or

(ii) regularly employs a person who holds a class A elevating device mechanic certificate;

(b) a person applying for a class B elevating device contractor licence shall provide proof, satisfactory to the chief inspector, that the person

(i) holds a class B elevating device mechanic certificate, or

(ii) regularly employs a person who holds a class B elevating device mechanic certificate; and

(c) a person applying for a class C elevating device contractor licence shall provide proof, satisfactory to the chief inspector, that the person

(i) holds a class C elevating device mechanic certificate, or

(ii) regularly employs a person who holds a class C elevating device mechanic certificate.

(3) An elevating device contractor licence is valid for a period of 12 months from the date of issuance.

(4) The chief inspector may renew an elevating device contractor licence where, prior to the expiry of the elevating device contractor licence, the person

(a) submits an application for renewal to the government service centre in the form set by the chief inspector;

(b) pays the fees set by the minister; and

Elevating device contractor licence - scope

5.5 (1) A class A elevating device contractor licence authorizes the holder to carry on business constructing, installing, altering, repairing, maintaining, servicing, and testing all classes of elevating devices except passenger ropeways.

(2) A class B elevating device contractor licence authorizes the holder to carry on business constructing, installing, altering, repairing, maintaining, servicing, and testing lifts for barrier free access.

(3) A class C elevating device contractor licence authorizes the holder to carry on business constructing, installing, altering, repairing, maintaining, servicing, and testing passenger ropeways.

4. The regulations are amended by adding immediately after section 6 the following:

Inspections - restrictions

6.1 (1) The chief inspector may not authorize a person to inspect amusement rides or elevating devices under section 5.1 of the Act unless the person is a certified inspector in relation to that amusement ride or elevating device.

(2) A person shall not carry on business inspecting amusement rides or elevating devices unless the person is a licensed inspection contractor in relation to that amusement ride or elevating device.

Inspector certificate

6.2. (1) The chief inspector may issue an inspector certificate to a person who

(a) submits an application to the government service centre in the form set by the chief inspector;

(b) pays the fees set by the minister; and

(2) For the purposes of paragraph (1)(c),

(a) a person applying for a class A inspector certificate shall provide proof, satisfactory to the chief inspector, that the person

(i) holds a class A elevating device mechanic certificate,

(ii) has successfully completed the Qualified Elevator Inspector Certification program offered by the National Association of Elevator Safety Authorities or an equivalent program acceptable to the chief inspector; and

(iii) holds a valid Qualified Elevator Inspector Certificate from the National Association of Elevator Safety Authorities or an equivalent certification acceptable to the chief inspector;

(b) a person applying for a class B inspector certificate shall provide proof, satisfactory to the chief inspector, that the person

(i) holds a class C elevating device mechanic certificate, and

(ii) has the training and work experience acceptable to the chief inspector; and

(c) a person applying for a class C inspector certificate shall provide proof, satisfactory to the chief inspector, that the person holds a valid certificate from the Amusement Industry Manufacturers and Suppliers or the National Association of Amusement Ride Safety Officials or other certification acceptable to the chief inspector.

(3) An inspector certificate is valid for a period of 12 months from the date of issuance.

(4) The chief inspector may renew an inspector certificate where, prior to the expiry of the inspector certificate, the person

(a) submits an application for renewal to the government service centre in the form set by the chief inspector;

(b) pays the fees set by the minister;

(c) provides proof, satisfactory to the chief inspector that the person has been regularly employed as a certified inspector during the preceding 12 months; and

(d) continues to satisfy the requirements in subparagraphs (2)(a)(i) and (iii), subparagraph (2)(b)(i) or paragraph (2)(c), as the case may be.

Inspector certificate - scope

6.3 Where authorized by the chief inspector under section 5.1 of the Act,

(a) a person who holds a class A inspector certificate is authorized to inspect all elevating devices except passenger ropeways;

(b) a person who holds a class B inspector certificate is authorized to inspect passenger ropeways; and

Inspection contractor licence

6.4 (1) The chief inspector may issue an inspection contractor licence to a person who

(a) submits an application to the government service centre in the form set by the chief inspector;

(b) pays the fees set by the minister; and

(2) For the purposes of paragraph (1)(c),

(a) a person applying for a class A inspection contractor licence shall provide proof, satisfactory to the chief inspector, that the person

(i) holds a class A inspector certificate, or

(ii) regularly employs a person who holds a class A inspector certificate;

(b) a person applying for a class B inspection contractor licence shall provide proof, satisfactory to the chief inspector, that the person

(i) holds a class B inspector certificate, or

(ii) regularly employs a person who holds a class B inspector certificate; and

(c) a person applying for a class C inspection contractor licence shall provide proof, satisfactory to the chief inspector, that the person

(i) holds a class C inspector certificate, or

(ii) regularly employs a person who holds a class C inspector certificate.

(3) An inspector contractor licence is valid for a period of 12 months from the date of issuance.

(4) The chief inspector may renew an inspection contractor licence where, prior to the expiry of the inspection contractor licence, the person

(a) submits an application to the government service centre in the form set by the chief inspector;

(b) pays the fees set by the minister; and

Inspection contractor licence - scope

6.5 (1) A person who holds a class A inspection contractor licence is authorized to carry on business inspecting all elevating devices except passenger ropeways.

(2) A person who holds a class B inspection contractor licence is authorized to carry on business inspecting passenger ropeways.

(3) A person who holds a class C inspection contractor licence is authorized to carry on business inspecting amusement rides.

5. Section 7 of the regulations is amended by deleting the words "he or she" and substituting the words "the chief inspector".

6. The regulations are amended by adding immediately after section 11 the following:

Operation of elevating devices

11.1 The owner of an elevating device shall not permit the use or operation of the elevating device unless the owner has arranged for the elevating device to be maintained by a licensed elevating device contractor for that elevating device.

7. (1) Paragraph 12(1)(c) of the regulations is repealed and the following substituted:

(2) Subsection 12(2) of the regulations is repealed and the following substituted:

(2) Where an owner wants to renew a certificate for an elevating device, the owner shall

(a) submit a written request for renewal to the chief inspector in the form set by the chief inspector;

(b) provide, the following:

(i) proof that the owner has engaged a licensed elevating device contractor for that elevating device to maintain the elevating device,

(ii) a condition report, satisfactory to the chief inspector, signed by a certified elevating device mechanic for that elevating device verifying the safe condition and manner of operation of the elevating device, and

(iii) other information required by the chief inspector; and

8. The regulations are amended by adding immediately after section 12 the following:

Notification to chief inspector

12.1 The holder of an elevating device mechanic certificate, elevating device contractor licence, inspector certificate or inspection contractor licence shall immediately notify the chief inspector if the holder ceases to satisfy the requirements for certification or licensure under the Act or these regulations.

Suspension or cancellation

12.2 The chief inspector may suspend or cancel an elevating device mechanic certificate, elevating device contractor licence, inspector certificate or inspection contractor licence where the chief inspector is satisfied that the holder

(a) obtained the elevating device mechanic certificate, elevating device contractor licence, inspector certificate or inspection contractor licence through misrepresentation or fraud;

(b) allowed another person to operate under the holder's elevating device mechanic certificate, elevating device contractor licence, inspector certificate or inspection contractor licence;

(c) performed work, or allowed work to be performed, on or about an amusement ride or elevating device in a manner that has impaired the safe operation of the amusement ride or elevating device;

(d) demonstrated poor performance in work and laxity in complying with the Act or these regulations or in rectifying faults or defaults in work;

(e) made a false statement with respect to any matter within the scope of the Act or these regulations;

(f) ceases to satisfy a requirement of certification or licensure required under the Act or these regulations; or

(g) contravened a provision of the Act or these regulations.

9. Section 13 of the regulations is amended by

(a) deleting the words "conduct himself or herself" and substituting the word "act"; and

(b) deleting the words "himself or herself" and substituting the words "the person".

Commencement

10. These regulations come into force on the date that section 2 and subsections 16(1), (2) and (4) of the Public Safety (Amendment) Act, SNL2024 c31, come into force.