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NEWFOUNDLAND AND LABRADOR
REGULATION 118/96

Amusement Rides and Elevating Devices Regulations
under the
Public Safety Act
(O.C. 96-429)

Amended by:

82/09

NEWFOUNDLAND AND LABRADOR
REGULATION 118/96

Amusement Rides and Elevating Devices Regulations
under the
Public Safety Act
(O.C. 96-429)

(Filed December 20, 1996)

Under the authority of section 32 of the Public Safety Act , the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's , December 20, 1996 .

Wayne Green
for the Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Amusement Rides and Elevating Devices Regulations.

118/96 s1

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Definitions

        2. In these regulations

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

             (b)  "chief inspector" means the Chief Inspector of Amusement Rides and Elevating Devices;

             (c)  "government service centre" means the Government Service Centre of the Department of Government Services and Lands; and

             (d)  "minister" means the minister appointed under the Executive Council Act to administer the Act.

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Application

        3. (1) The Act and the regulations do not apply to the amusement rides listed in Schedule A.

             (2)  The Act and the regulations do not apply to the elevators and elevating devices listed in Schedule B.

             (3)  Notwithstanding subsections (1) and (2), the Act and the regulations apply to amusement rides and elevating devices which in the opinion of the chief inspector pose a safety hazard to persons on or near those amusement rides or elevating devices.

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

             (c)  CAN/ CSA B311 - Safety Code for Manlifts;

             (d)  CAN/ CSA B355 - Lifts for Persons with Physical Disabilities;

             (e)  CAN/ CSA Z98 - Passenger Ropeways and Passenger Conveyors;

              (f)  CAN/ CSA Z185 - Safety Code for Personnel Hoists;

             (g)  CAN/ CSA Z256 - Safety Code for Material Hoists;

             (h)  CAN/ CSA Z267 -Safety Code for Amusement Rides and Devices;

              (i)  CSA C 22.1 - Canadian Electric Code, Part I;

              (j)  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

             (k)  a standard, specification, code or other document referred to in a code or standard referred to in paragraphs (a) to (j).

             (2)  Notwithstanding subsection (1), the chief inspector may if he or she is of the opinion that special conditions warrant it, set the standards to be met for the design, construction, installation or maintenance of an amusement ride or elevating device.

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Registration of designs

        5. (1) The owner of an amusement ride or elevating device shall register with the government service centre each amusement ride and elevating device

             (a)  before its installation and operation; and

             (b)  before a major alteration.

             (2)  To facilitate registration required in subsection (1) the owner shall submit drawings and specifications of the amusement ride or elevating device to the government service centre that shall

             (a)  be prepared and stamped by a professional engineer licensed to practise in the province;

             (b)  be prepared and submitted in duplicate;

             (c)  show clearly the size, arrangement, composition, parts and layout of the amusement ride or elevating device;

             (d)  in the case of an elevating device, show clearly the details of the elevator hoistway and be stamped by the person responsible for the design;

             (e)  contain all information pertinent to the design that may be required by the government service centre; and

              (f)  be accompanied by a completed specification sheet as required by the government service centre.

             (3)  Submission of drawings and specifications under this section shall not be construed as relieving the owner from complying with the standards imposed under section 4.

             (4)  The owner shall keep on file as-built drawings and specifications submitted under this section in the event that the chief inspector may require reference to them.

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Inspection for certification

        6. (1) For an amusement ride, for the purposes of certification, an inspection shall be carried out during the first set up of a ride in the year for which certification or registration is requested and before a person may operate the amusement ride.

             (2)  For an elevating device, for the purposes of certification, inspections shall be carried out during the initial installation and before a person may operate the elevating device.

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Issuance of certificate

        7. The chief inspector may issue to the owner a certificate only when he or she is satisfied that the amusement ride or elevating device complies with all applicable provisions of the Act and regulations and may attach terms and conditions to the operation of the amusement ride or elevating device as, in the opinion of the chief inspector, are appropriate.

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Certificate transfer

        8. The chief inspector may transfer a certificate issued under the Act and regulations to a new owner so long as

             (a)  the certificate is valid;

             (b)  the new owner keeps on file the drawings and specifications of the amusement ride or elevating device in case future reference to them is requested by the chief inspector; and

             (c)  the new owner complies with all provisions of the Act and the regulations.

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Inspection for compliance purposes

        9. The chief inspector may inspect an amusement ride or elevating device for the purpose of confirming compliance with the Act and regulations and ensuring compliance with the terms and conditions of a certificate and the frequency of inspections shall be determined by the chief inspector.

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Validity of certificate

      10. A certificate issued under the Act and regulations is valid

             (a)  for an elevating device other than one described in paragraph (b) for a period of 12 months from when the certificate is issued; or

             (b)  for an elevating device that is exposed to atmospheric conditions or is used as a temporary hoisting device for a period of time that shall be determined by the chief inspector; and

             (c)  for an amusement ride, for the calendar year in which the certificate is issued.

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Display of certificate

      11. The owner shall display evidence of the certificate in a conspicuous position on or near the amusement ride or elevating device.

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Certificate renewal

      12. (1) Where an owner wants to renew a certificate for an amusement ride, the owner shall

             (a)  notify the chief inspector in writing before April 1 that a renewal of a certificate is required for that calendar year; and

             (b)  provide at the time of notification, the following information to the chief inspector:

                      (i)  a description of the amusement ride,

                     (ii)  the date on which the person intends to start operation of the amusement ride,

                    (iii)  the place where the person intends to operate the amusement ride,

                    (iv)  a schedule indicating the locations and dates that the person intends to operate the amusement ride,

                     (v)  proof of financial responsibility required by section 19 of the Act; and

             (c)  pay the fee as set by the minister.

             (2)  Where an owner wants to renew a certificate for an elevating device, the owner shall pay a fee as set by the minister.

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Conduct

      13. A person shall not conduct himself or herself in, on or near an amusement ride or elevating device in a manner that

             (a)  impairs the safe operation of the amusement ride or elevating device; or

             (b)  endangers the safety of himself or herself or another person in, on or near an amusement ride or elevating device.

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Owner's responsibilities

      14. An owner of an amusement ride shall ensure that in relation to the amusement ride

             (a)  all equipment, material and safety features required under the Act or regulations are maintained in good condition;

             (b)  the ride is operated, maintained and inspected daily by a person designated by the owner as qualified to operate and maintain it; and

             (a)  a log book in a form approved by the chief inspector is maintained daily during the operation of the amusement ride.

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Operation of rides or devices

      15. A person other than an inspector or a contractor engaged in the commissioning of an amusement ride or elevating device shall not operate an amusement ride or elevating device in the province unless

             (a)  there is a valid certificate issued by the government service centre in relation to the amusement ride or elevating device; and

             (b)  the amusement ride or elevating device is operated in accordance with the conditions of the certificate.

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Consent

      16. A person shall not test or adjust the mechanical safety device of an elevating device without either the consent of the chief inspector or the attendance of an inspector.

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Insurance required

      17. (1) For purposes of section 19 of the Act and as a condition of a certificate, the owner of an amusement ride shall provide proof of blanket indemnity insurance of at least $1,000,000.

             (2)  Insurance required under subsection (1) shall be maintained for the duration of the operation of the amusement ride.

             (3)  Where a policy for insurance required under section 19 of the Act is cancelled, the insurance company by whom the policy was issued shall report the cancellation to the chief inspector immediately and the chief inspector shall, unless there is sufficient other insurance in place, cancel the certificate of the amusement ride.

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Repeal

      18. The Amusement Rides Regulations, 1981, Newfoundland Regulation 189/81, and the Elevator Regulations, 1976, Newfoundland Regulation 275/78, are repealed.

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Schedule A

The following amusement rides are exempted from the requirements of the Act and regulations:

             (a)  coin operated amusement rides that are designed for the use of not less than 3 persons so long as they are on a non-moving base and require no skill for safe enjoyment;

             (b)  railways;

             (c)  trackless trailer trains;

             (d)  vehicles covered under the Motorized Snow Vehicles and All Terrain Vehicles Act ;

             (e)  public pools and wave action pools;

              (f)  aircraft within the meaning of the Aeronautics Act ( Canada );

             (g)  wind surfers and surf boards;

             (h)  boats, except motorized boats primarily designed for use by children and bumper boats;

              (i)  jet water skis and similar jet or motorized vehicles used on water;

              (j)  muscle powered devices, other than swinging gyms;

             (k)  hand gliders;

              (l)  untethered parasols, balloons and chutes;

            (m)  hay rides;

             (n)  soap box racers;

             (o)  golf carts;

             (p)  hovercrafts;

             (q)  skateboards and roller skates;

              (r)  live animal rides;

             (s)  self-propelled vehicles except those that travel in excess of 4 kilometres per hour and are designed primarily for use in an amusement park;

              (t)  gravity controlled cable rides designed for the use by children; and

             (u)  track rides designed for the use by children.

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Schedule B

The following elevating devices are exempted from the Act and the regulations:

             (a)  devices used only for the transfer of goods, material or equipment and operated solely within one storey that have a vertical travel of less than 2 metres;

             (b)  stage and orchestra lifts;

             (c)  lift bridges and wharf ramps;

             (d)  lubrication hoists and similar devices;

             (e)  dumbwaiters having

                      (i)  a maximum carrying capacity of less than 10 kilograms, and

                     (ii)  a car floor area of less than 0.20 square metres;

              (f)  elevating devices for the handicapped installed in residential board and care facilities with less than 5 residents;

             (g)  elevators in private dwelling houses occupied or constructed to be occupied as a separate dwelling by one person or by a family unit;

             (h)  skips, cages and other elevators used in a mine within the meaning of the Mines Act and regulations;

              (i)  feeding machines or belts, buckets scoops, rollers or similar types of conveyors;

              (j)  portable tiering or piling machines used to move materials to and from storage and located and operated entirely within one story;

             (k)  appliances which feed materials into or position materials at machine tools presses, furnaces or other processing plants;

              (l)  platform casket lifts used exclusively for lifting or lowering of caskets; and

            (m)  hoists for raising or lowering materials and which are provided with unguided hooks, slings and similar means for attachment to the materials.

118/96 Sch B