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REINITIATION OF SECOND 15-DAY COMMENT PERIOD
9 March 2001
PROPOSED MODIFICATIONS
NOTE: MODIFICATIONS FOR PUBLIC CONSIDERATION AND COMMENT ARE INDICATED IN
STRIKEOUT AND UNDERLINE. PLEASE REFER TO THE ADOBE'S PDF FORMAT FILE FOR
PRECISION ON DOUBLE STRIKEOUT AND DOUBLE UNDERLINE SINCE THESE FEATURES DO
NOT APPEAR IN THIS INTERNET HTML VERSION.
Title 8, Division 1, Chapter 3.2, Subchapter 2
Renumber Article 6, Amusement Ride Inspection Fee Schedule to Article 6.1
Renumber Existing Section 344.10 to 344.18.
Adopt New Article 6, Permanent Amusement Rides
Adopt Sections 344.5, 344.6, 344.7, 344.8, 344.9, 344.10, 344.11, 344.12,
344.13, 344.14, 344.15, 344.16, and 344.17.
344.5. Application.
(a) This Article governs permanent amusement rides operated anywhere in the
State of California.
(b) This Article does not apply to any of the following:
(1) Any playground operated by a school or local government if the
playground is an incidental amenity and the operating entity is not
primarily engaged in providing amusement, pleasure, thrills or excitement;
(2) Museums or other institutions principally devoted to the exhibition
of products of agriculture, industry, education, science, religion or the
arts;
(3) Skating rinks, arcades, laser or paint ball war games, indoor
interactive arcade games, bowling alleys, miniature golf courses, mechanical
bulls, inflatable rides, trampolines, ball crawls, exercise equipment, jet
skis, paddle boats, air boats, helicopters, airplanes, parasails, hot air
balloons (tethered or untethered,) theaters, amphitheaters, batting cages,
stationary spring-mounted fixtures, rider-propelled merry-go-rounds, games,
slide shows, live-animal rides, or live-animal shows; or
(4) Permanent amusement rides operated at a private event that is not
open to the general public and not subject to a separate admission fee.
(5) Amusement rides that are not permanent amusement rides.
344.6. Definitions.
For purposes of this Article, the following terms are defined as set forth
herein:
(a) An “as-built document” is a document signed by a California-licensed
engineer responsible for the construction of the permanent amusement ride
stating that the ride has been constructed according to its final plans,
and noting and approving any variations from the plans.
(b) A “California-licensed engineer” is a professional engineer with a
certificate of registration issued by the California Board of Professional
Engineers and Land Surveyors.
(c) A “licensed engineer” is a California-licensed engineer or a
professional engineer with equivalent licensing by another state.
(d) A "major modification" is any change in the structural
attributes structure or operation of a permanent amusement ride
that materially alters either the performance of the ride or any safety-related
system of the ride. For the purposes of this definition, the disassembly and
relocation of a ride is considered to be a major modification of the ride.
(e) "Medical service other than ordinary first aid" means
examination, diagnostic testing, treatment or observation beyond that which
occurs at the location of the accident, when provided by or under the
supervision of a physician licensed to practice medicine in California (in
accordance with Business and Professions Code Section 2050 et seq.) or in any
other State, in response to a serious medical concern that is related
directly to the accident.
(e) (f) A "new permanent amusement ride" is a
permanent amusement ride that is placed in operation and opened to the public
for the first time on or after January 1, 2001 the date this
Article takes effect.
(f) (g) An "operational inspection” is an inspection
that consists of inspecting the operation of the permanent amusement ride,
including its safety-related systems and procedures, and reviewing any other
specific information that is substantially related to the safe operation of the
ride.
(g) (h) An "owner" or "operator" is a
person or entity who owns or controls or has the duty to control the operation
of a permanent amusement ride. The terms include the State and every political
subdivision of the State, including every state agency, and each county, city,
district, and all the public and quasi-public corporations and public agencies
therein.
(h) (i) Except as provided in Subchapter 6.2 of this
Title, a A "permanent amusement ride" is a
mechanical device, aquatic device, or combination of devices of a permanent
nature that carries or conveys passengers along, around, or over a fixed or
restricted course for the purpose of giving its passengers amusement, pleasure,
thrills, or excitement. "Permanent amusement ride" includes
bungee-jumping services, but does not include dry slides, playground equipment,
coin-operated devices, or conveyances that operate directly on
the ground, or aerial passenger tramways as defined by Labor Code section
7340(a). For the purposes of this definition, the phrase "permanent
nature" means remaining at a single location for longer than 180 days.
(i) (j) A "qualified safety inspector," or
"QSI," is an individual certified by the Division pursuant to section 344.9
344.10. A QSI may be a safety inspector employed by the owner or operator of a
permanent amusement ride, an employee or agent of the insurance underwriter or
insurance broker of a permanent amusement ride, an employee or agent of the
manufacturer of a permanent amusement ride, an employee of the Division of
Occupational Safety and Health, or an independent consultant or contractor.
(j) A "reportable injury" is a serious injury requiring surgery or
medical treatment other than ordinary first aid, including, but not necessarily
limited to, loss of consciousness, concussion, bone fracture, protracted loss or
impairment of function of any bodily member or organ, a wound requiring multiple
sutures, or permanent disfigurement.
(k) "Safety-Related Systems and Procedures” are systems and procedures
that materially affect safety or are designed or intended to increase the safety
of a permanent amusement ride, including, but not limited to:
(1) Ride-control devices, including safety devices;
(2) Speed-limiting devices;
(3) Brakes;
(4) Passenger-carrying devices, including restraint systems;
(5) Mechanical systems that materially affect the safe operation of the
ride;
(6) Ride electrical or electronic systems, including process-control
equipment that are designed or intended to ensure safe operation of the
ride;
(7) Daily pre-operational safety-related tests;
(8) Owner or operator safety-related maintenance, inspection and
operational activities as recommended by the ride manufacturers;
and
(9) Emergency procedures related to the operation of the ride, including,
but not limited to, cessation of operation, evacuation procedures, ingress
and egress controls, location of communication devices, and summoning of
medical or emergency assistance; and
(10) Signage.
(l) A "structural inspection" is an inspection of a permanent
amusement ride, which includes examination of any one or more of
the following structural attributes:
(1) Structural supports and foundations including wind and seismic
integrity;
(2) Structural bracing; and
(3) Ride track elements, if any.
344.7 Certificate of Compliance.
(a) On or before January 15, 2002 the 360th day
following the date this Article takes effect, the owner or
operator of a permanent amusement ride who does not elect to have a Division QSI
perform the annual inspection required by section 344.8(c) shall submit to the
Division a Certificate of Compliance together with the fee required by section
344.16(c). A new Certificate of Compliance shall be submitted annually and shall
become due on each on the anniversary date of the first
submission, unless the owner or operator elects in compliance with section
344.8(c)(2) to have a Division QSI conduct the annual inspection.
(b) The Certificate of Compliance shall include, but not be limited to, the
following:
(1) The legal name and address of the owner and his, her or its
representative, if any, and the primary place of business of the owner;
(2) The legal name and address of the operator, if different from those
of the owner;
(3) The name and a description of the permanent amusement ride, the
address at which it is located, the name(s) of the manufacturer(s) of the
ride, and if provided by the manufacturer(s), the serial number and model
number of the permanent amusement ride; and
(4) A written declaration stating that, within the preceding 12-month
period, the permanent amusement ride was inspected by a QSI, together with
all of the individuals necessary to competently review the ride's
safety-related systems and structural attributes, and that the permanent
amusement ride is in material conformance with the
requirements of Chapter 6.2 of this Title. The written declaration shall be
executed by a QSI under penalty of perjury.
Note: The requirement that the written declaration state that the
permanent amusement ride is in conformance with the requirements of
Chapter 6.2 of this Title shall not take effect unless and until
180 days after the date that Chapter 6.2 has been adopted and takes
effect.
(c) The owner or operator of multiple permanent amusement rides at one
address may submit a single Certificate of Compliance that provides the
information required in section 344.7(b) for all of the permanent amusement
rides located at that address.
(d) Upon receipt of the Certificate of Compliance, the Division shall notify
the owner or operator, in writing within five (5) working days, that the
Certificate of Compliance has been received and whether it meets the
requirements of this Article. If a Certificate of Compliance is determined to be
deficient, the Division’s written notification shall enumerate the
deficiencies and the information required to correct such deficiencies.
(e) All current written notifications issued by the Division pursuant to
subsection (d) shall be available for public inspection during normal business
hours at a readily accessible location at the site where the permanent amusement
ride is located. Such documents may either be posted at the entrance to each
permanent amusement ride, or at the election of the owner or operator, located
at a readily accessible central location. If the owner or operator chooses not
to maintain the documents at the entrance to a ride, a sign shall be posted at
the entrance to the ride notifying the public of the location where the
documents can be viewed.
(f) No person shall operate a permanent amusement ride unless the permanent
amusement ride complies with all applicable regulations contained in
requirements of this Article and Chapter 6.2 of this Title.
Note: The requirement that the amusement ride comply with all applicable
requirements of Chapter 6.2 of this Title shall not take effect until and
unless Chapter 6.2 is adopted and takes effect.
(g) Effective January 15, 2002 Starting on the 360th day
following the date this Article takes effect, an owner or operator who does has
not elected in compliance with sections 344.8(c)(1) and (c)(2) to have
the Division conduct the annual inspection required by section 344.8(c) shall
not operate an amusement ride with passengers unless a valid Certificate of
Compliance applicable to the ride has been submitted to, and accepted by,
the Division as required by section 344.7.
Note: For those who elect to have the Division conduct the annual inspection,
the deadline for submitting the written request to the Division
344.8 Inspections.
(a) Initial Division Inspection of New Permanent Amusement Rides. A Division
QSI shall conduct an operational inspection of each new permanent amusement
ride before the ride is placed in operation and opened to the public to ensure
compliance with applicable sections of Chapter 6.2 evaluate the
safety of the ride.
(1) The owner or operator of the ride shall notify the Division, in
writing, at least 30 days prior to opening the ride to the public.
(2) The notification shall state the location of the ride, the date the
owner or operator intends to commence public operation, and the earliest
date the ride will be ready for inspection by the Division.
(3) If the Division receives notification in compliance with section
344.8(a)(1), the Division shall initiate the inspection before the date
indicated by the operator for commencement of public operation of the ride,
and shall make a reasonable effort to complete the inspection prior to that
date. If the Division is unable to complete the inspection within 30 days of
receiving notification by the owner or operator, and the lack of completion
of the inspection is not attributable to the actions or inaction of the
owner or operator, the ride may by opened to the public until the inspection
is completed, unless there is a substantial reason to question the safety of
the ride.
(4) The ride owner or operator shall ensure that a representative is
present to operate the ride and perform the tests requested by the Division
QSI as necessary to complete the operational inspection.
(5) In conjunction with the inspection, the owner or operator of the ride
shall make available to the Division the following:
(A) A written certification from a licensed engineer that the ride
meets the all applicable design requirements set forth in
Chapter 6.2 of this Title;
Note: This requirement shall not take effect until and unless
Chapter 6.2 has been adopted and takes effect.
(B) An as-built document; and
(C) A copy of the certificate of occupancy issued by the local
building authority, if required.
(b) Division Inspection of Major Modifications. After any major modification
has been made to a permanent amusement ride, a Division QSI shall conduct an
operational inspection of the ride before the ride is reopened to the public.
(1) The owner or operator of the ride shall provide the Division with at
least 30 days advance written notice of the anticipated date of reopening
the ride to the public following the major modification.
(2) The advance written notice shall state the date the owner or operator
intends to resume public operation, and the earliest date the ride will be
ready for Division inspection.
(3) If the Division receives notification in compliance with section
344.8(b)(1), the Division shall initiate the inspection before the date
indicated by the operator for reopening of the ride to the public, and shall
make a reasonable effort to complete the inspection prior to that date. If
the Division is unable to complete the inspection within 30 days of
receiving notification by the owner or operator, and the lack of completion
of the inspection is not attributable to the actions or inaction of the
owner or operator, the ride may by opened to the public until the inspection
is completed, unless there is a substantial reason to question the safety of
the ride.
(4) In conjunction with the Division’s major modification inspection,
the owner or operator of a permanent amusement ride shall make available to
the Division the following:
(A) A written certification from a registered licensed
engineer that the major modification of the ride as
modified meets the all applicable design
requirements set forth in Chapter 6.2 of this Title;
Note: This requirement shall not take effect until and unless
Chapter 6.2 has been adopted and takes effect.
(B) An as-built document; and
(C) A copy of the certificate of occupancy issued by the local
building authority, if the local building authority has such a
requirement.
(c) Annual QSI Inspection. An annual QSI inspection shall be conducted of
each permanent amusement ride at least once each year by either a QSI selected
by the owner/operator or by a Division QSI, at the election of the owner or
operator.
Note: In order to avoid cessation of operation of a permanent amusement ride
pursuant to section 344.7(g), an owner or operator must, by the 360th day
following the date this Article takes effect, either request a
Division-conducted Annual QSI Inspection, or complete an Annual QSI Inspection
that is conducted by a QSI of the owner or operator's choice.
(1) If the owner or operator elects to have a Division QSI conduct the
Annual QSI Inspection, the owner or operator shall submit a written request
that the Division conduct the inspection.
(2) A written request that an annual QSI inspection be conducted by the
Division shall be submitted to the Division no later than 60 days prior to
the date the Certificate of Compliance becomes due.
(3) The annual QSI inspection shall include both a structural inspection
and an operational inspection to ensure compliance with Chapter 6.2.
(4) A permanent amusement ride found to be unsafe as the result of an
annual QSI Inspection shall be closed to the public and shall not be
reopened to the public until all necessary repairs and modifications have
been completed and certified as completed by a QSI.
(d) Annual Division Records Audit and Inspection.
(1) Starting on or after January 31, 2002, the 390th
day following the date this Article takes effect, a Division QSI shall
annually audit the records pertaining to each permanent amusement ride,
including, but not limited to, records of accidents, records of employee
training, and records of maintenance, repair, and inspection of the ride.
(2) A Division QSI shall conduct an operational inspection in conjunction
with the annual records audit. The operational inspection shall be conducted
in two phases, as follows:
(A) One phase shall consist of an unannounced inspection during
business hours to observe the normal operation of the ride, with
passengers.
(B) The other phase shall consist of a pre-announced inspection to be
conducted without passengers present, to conduct all other aspects of
the operational inspection.
(3) A permanent amusement ride shall not be subject to annual records
audit and inspection by the Division if the ride is located within a county
or other political subdivision of the State that, as of April 1, 1998, has
adopted the provisions of Chapter 66 (commencing with section 6601.1) of the
1994 Uniform Building Code providing for the routine inspection of permanent
amusement rides by counties and other political subdivisions of the State,
provided that the Division determines that these inspections meet or exceed
the inspection standards set forth in this Article.
(4) If a county or other political subdivision suspends, revokes, or
otherwise vacates its standards for permanent amusement rides, each
permanent amusement ride located within that county or other political
subdivision shall be subject to the inspection standards set forth in this
Article.
(e) Exception to subsections (a), (b), (c), and (d): The following provisions
shall apply to each permanent amusement ride that is located within a county or
other political subdivision of the State that, as of April 1, 1998, has adopted
the provisions of Chapter 66 (commencing with section 6601.1) of the 1994
Uniform Building Code providing for the routine inspection of permanent
amusement rides by counties and other political subdivisions of the State,
provided that the Division determines that these inspections meet or exceed the
inspection standards set forth in this Article:
(1) The ride shall not be subject to the inspection or records audit
requirements of subsections (a), (b), or (d), to the extent that the county
or other political subdivision provides inspections according to the same
criteria as those specified in each of these subsections.
(2) The ride shall be subject to the requirements of subsection (c).
However, the employer may elect to have the county or other political
subdivision conduct the Annual QSI Inspection on the same basis that it may
elect to have the Division conduct the Annual QSI Inspection, provided that
the county or other political subdivision provides inspections according to
the same criteria as those specified in subsection (c) and the owner or
operator complies with all applicable deadlines for making written requests.
(e) (f) Discretionary Division Inspections. A Division QSI may conduct
an inspection to determine the safety of a permanent amusement ride, in a manner
consistent with any reasonable safety concern raised by the information
available to the Division, whenever the Division:
(1) Receives notification, or otherwise learns, of an accident involving
the permanent amusement ride required to be reported pursuant to section
344.15;
(2) Determines that a fraudulent Certificate of Compliance for the
permanent amusement ride was submitted;
(3) Determines, based on factors such as ride cycles or number of riders,
that a permanent amusement ride has a disproportionately-high incidence of
accidents when compared to other rides of similar type and design in the
State of California; or
(4) Receives a complaint or otherwise becomes aware of information, when
the complaint or information reasonably appears to be reliable and credible,
that one of the safety-related systems or structural components of a ride is
unsafe, or that a particular practice associated with a ride is unsafe.
(f) (g) The Division shall cause the least possible disruption to the
normal operation of a permanent amusement ride consistent with the effective
completion of an inspection.
344.9 Order Prohibiting Operation. If, after inspection by a Division
QSI, the Division determines that a permanent amusement ride, or any part
thereof, presents an imminent hazard or is otherwise unsafe for patrons, the
Division may prohibit the operation of the ride, or any affected part thereof.
The Division shall frame the scope of the prohibition with the narrowest scope
reasonably necessary to ensure the protection of the public.
Exception No. (1) The Division shall not issue an Order Prohibiting
Operation if the hazardous or unsafe condition can be corrected immediately
and the operator, after being informed of the condition by the Division,
immediately abates the hazardous or unsafe condition.
Exception No. (2) If an unsafe condition does not constitute an imminent
hazard to patrons, the Division shall, prior to issuing an Order Prohibiting
Operation, engage in an informal consultation with the owner or operator in an
effort to resolve any factual questions or gather information relevant to
determining whether the public operation of the amusement ride should be
prohibited.
(a) The Division shall notify the owner or operator in writing of the grounds
for prohibition of operation and of the conditions in need of correction at the
time it issues the Order Prohibiting Operation.
(b) Operation of the permanent amusement ride shall not be reopened to
the public until the conditions cited in the Order Prohibiting Operation have
been corrected and approved by an authorized Division representative.
(c) The owner or operator may appeal any Order Prohibiting Operation. The
Division shall conduct appeal proceedings in accordance with Labor Code Section
6327.
344.10. Certification of a QSI.
(a) No person shall perform the services of a QSI for permanent amusement
rides unless he or she possesses a current, valid QSI Certificate issued by the
Division.
(b) An application for certification as a QSI shall be made to the Division
on a form prescribed by the Division, which shall require the applicant to
provide his or her name, social security number, mailing address, daytime
telephone number, two passport photographs, and information required to satisfy
subsection (c). All statements on the application shall be made under
penalty of perjury.
(c) To be eligible for certification as a QSI, an applicant shall either:
(1) Provide satisfactory evidence that the applicant is a licensed engineer
and has completed at least two years of experience in the amusement ride
field, consisting of at least one year of actual inspection of amusement rides
for a manufacturer, government agency, amusement park, carnival or insurance
underwriter, and an additional year of practicing any combination of amusement
ride inspection, design, fabrication, or installation, maintenance, testing,
repair, or operation; or
(2) Do all of the following:
(A) Provide satisfactory evidence of completing a minimum of five years' of experience in the amusement ride field, at least four years of which
were involved in consisted of actual inspection of amusement
rides for a manufacturer, government agency, amusement park, carnival or
insurance underwriter. The remaining experience may involve
consist of any combination of amusement ride inspection, design, fabrication,
installation, maintenance, testing, repair, or operation.
(B) Produce a valid certificate of completion from an approved QSI
Certification course evidencing at least 80 hours of formal education in
amusement ride safety. An applicant may substitute a certificate of
completion from an acceptable NDT training course for up to 16 hours of
amusement ride safety education. For purposes of this subsection, an
acceptable NDT training course is one offered by an instructor certified by
the American Society for Nondestructive Testing, Inc. ("ASNT")
Nondestructive Training Level III, and covering the test method body of
knowledge as described in the ASNT Recommended Practice No. SNT-TC-1A.
Note: A certificate of completion which includes course work taken
prior to the date this Article takes effect is acceptable if the course
work has been retroactively approved pursuant to section 344.11(f).
(C) Achieve a score of at least 80% on a written examination pertaining
to the subjects addressed in this Article and Chapter 6.2 of this
Title and subject matter applicable to the safe operation of permanent
amusement rides. The examination shall be given during the Division’s
normal working hours in Sacramento or Anaheim at a time convenient to the
applicant.
Note: The examination shall not require knowledge of any requirements
in Chapter 6.2 unless and until Chapter 6.2 has been adopted and takes
effect.
(d) A QSI Certificate shall be valid for a period of two years from the date
of issuance.
(e) Application for renewal of a QSI Certificate shall be made to the
Division on a form prescribed by the Division, which shall require the
certificate holder to provide his or her name, daytime telephone number, and any
other information which the Division may reasonably request. All statements on
the renewal application shall be made under penalty of perjury. Each application
shall be accompanied by the application fee fixed by section 344.16(b). If
the applicant is not a licensed engineer, t The application
shall also include evidence of the applicant having completed 30 hours of
continuing education, which shall include inservice industry or manufacturer
updates and seminars, from an approved school during the previous biennial
renewal cycle.
(f) The Division shall determine whether the applicant meets the criteria
necessary for certification or renewal of certification pursuant to this Article
and Part 8.1 of Division 5 of the Labor Code, and shall approve or disapprove
the application for certification or renewal of certification accordingly.
(g) The Division may revoke or suspend the certification of a QSI, upon
determining that the holder:
(1) Has submitted a fraudulent inspection report to the Division or to
the owner or operator of a permanent amusement ride; or
(2) Has not performed competently as a QSI.
344.11. Approval of QSI Certification Course Providers.
(a) To qualify for approval, a QSI certification course provider shall
demonstrate that it will:
(1) Ensure that the instructor for each course is experienced in the
subject matter of the course;
(2) Ensure that the course content is current and will be kept current;
(3) Require course participants to attend each course for its full
duration;
(4) Ensure that course content and number of hours of instruction for
each course meet the requirements set forth in section 344.10 for QSI
certification;
(5) Utilize a reliable testing method to determine whether course
participants have learned the subject matter presented by the course.
(6) Provide a certificate of completion to all successful participants at
the completion of each course; and
(7) Provide classroom training related to the design, maintenance,
testing, inspection and operation of permanent amusement rides and
applicable provisions of Title 8 of this Code.
(b) A provider seeking approval shall submit the following information to the
Division prior to commencing instruction:
(1) An agenda and summary of content for each course offered;
(2) Curriculum vitae for each of its instructors; and
(3) Dates, times, and locations for each course offered.
(c) Upon receiving complete application materials from the provider, the
Division shall determine whether the provider meets the criteria necessary for
approval pursuant to this Article and Part 8.1 of Division 5 of the Labor Code,
and shall approve or disapprove the application accordingly.
(d) To maintain approval, providers shall promptly notify the Division, in
writing, each time the provider makes a substantive change to any of the
information required pursuant to subsection (a).
(e) The Division may suspend or revoke the approval of a provider upon
determining that the provider has substantially failed to comply with approval
requirements.
(f) The Division may grant retroactive approval of a certification course
taken after January 1, 1999 but before this Article takes effect if the provider
demonstrates that the course previously provided meets the approval criteria of
this section.
344.12. Suspension and Revocation Procedures.
All suspension and revocation proceedings conducted by the Division shall be
initiated by the provision of written notice of the Division's intent to conduct
a hearing to determine whether a certification or approval will be suspended or
revoked.
(a) The written notice shall be served at least 48 hours in advance of the
scheduled hearing date.
(b) Service shall be by personal service or certified mail to the address
shown on the application for certification or approval, or to any other address
known to the Division and reasonably believed to be the current address of the
certificate holder or course provider.
(c) The written notice shall specify the time, date, and location of the
hearing, and the reasons for the action proposed by the Division.
(d) At the hearing the Division shall have the burden of establishing good
cause for the action taken by it. Good cause shall be deemed to exist if the
Division establishes that the holder of a certification has substantially failed
to comply with the requirements for certification pursuant to section 344.10(g),
or that the holder of an approval has substantially failed to comply with the
requirements of approval pursuant to section 344.11(e).
344.13. Appeals to the Director.
(a) The following may be appealed to the Director:
(1) Suspensions and revocations by the Division;
(2) Denials of applications for certification or course provider
approvals or may also be appealed to the Director; and
(3) Any final decision after hearing by the Division to uphold an Order
Prohibiting Operation
(b) All appeals to the Director shall be in writing and shall be served
within 5 business days of receipt of the notification of the Division's decision
resulting in a denial, suspension, or revocation.
(c) The Director or authorized representative shall schedule a hearing to be
held within 5 business days of receipt of an appeal. At the hearing, the
applicant shall have the burden of establishing that the Division's decision is
in error.
(d) Following the hearing the Director shall issue a decision. The Director's
decision shall be final except for any rehearing or judicial review provided for
by law.
344.14. Insurance Requirements.
A person or entity may operate a permanent amusement ride only if, at the
time of operation, he, she, or it:
(a) Has obtained a valid insurance policy in an amount not less than one
million dollars ($1,000,000) per occurrence, and;
(1) Has submitted to the Division a copy of the policy;
(2) Has clearly identified in the policy the permanent amusement rides
included and excluded; and
(3) Does not operate permanent amusement rides for which coverage is not
provided; or
(b) Has obtained a bond in an amount not less than one million dollars
($1,000,000), except that the aggregate liability of the surety under that bond
shall not exceed the face amount of the bond. A copy of the bond shall be
submitted to the Division; or
(c) Qualifies as self-insured. Meets a financial test of
self-insurance to demonstrate financial responsibility covering liability for
injury suffered by patrons riding the permanent amusement ride This
shall be demonstrated by providing a letter to the Division attesting that
the owner has total assets of at least ten million dollars ($10,000,000), and
that the owner’s total assets exceed the owner’s total liabilities by either
a minimum of two million dollars or a ratio of at least ten to one. All
statements in the attestation letter to the Division shall be made under penalty
of perjury.
Exception: State and local governmental entities shall be deemed to
qualify as self-insured.
344.15. Accident Response and Notification.
(a) Reporting of Accidents
Each owner or operator of a permanent amusement ride shall report or cause to
be reported immediately to the Division's Anaheim or Sacramento Amusement Ride
Section Office by telephone each known accident where maintenance, operation, or
use of the a permanent amusement ride results in the
death of a patron, or results in a patron injury requiring medical service other
than ordinary first aid. For the purposes of this section, an accident is “known”
if the owner or operator:
(1) Witnesses a the reportable
injury, or and the injury witnessed reasonably
appears to require medical service other than ordinary first aid;
or
(2) Receives notice of a reportable injury and the,
information received from any source reasonably appears
appearing to be reliable and credible, that the maintenance,
operation, or use of a permanent amusement ride has resulted in the:
(A) Death of a patron; or
(B) Injury of a patron, if the injury is one requiring medical service
other than ordinary first aid.
(b) Preservation of Accident Scene
(1) If a death or injury reportable pursuant to subsection
(a) results from Upon the occurrence of a known accident where
the failure, malfunction, or operation of a permanent amusement ride, results
in the death of a patron, or results in a patron injury requiring medical
service other than ordinary first aid, the equipment or conditions that
caused the accident shall be preserved for a reasonable length of time for
the purpose of a possible investigation by the Division.
Exception: This requirement does not apply if the owner or operator does
not receive timely notice of the injury so that a determination can reasonably
be made as to what equipment or conditions caused the accident.
(1)(2) Upon receiving a report of a death or injury
an accident from the representative of an owner or
operator, the Division shall, if it determines that make a
determination as to whether preservation is not necessary,
and inform the owner or operator of its determination that
the equipment or conditions that caused the accident need not continue to be
preserved.
(A) If the Division determines that preservation is necessary, the
Division shall make a reasonable effort to initiate the inspection within
24 hours of receipt of the report from the owner or operator.
(B) Upon initiating an the inspection, the
Division shall provide the owner or operator with an instruction as to how
long the equipment or conditions shall continue to be preserved.
(c) Notification of the Division by Emergency Responders
Whenever a state, county, or local fire or police agency is called to
an accident scene involving a permanent amusement ride covered
by this Article where a serious injury or the death of a
patron or a patron injury requiring medical service other than first aid has
occurs occurred, the Anaheim or Sacramento Amusement Ride
Section Office of the Division shall be notified by telephone immediately by the
responding agency.
344.16. Fee Schedule.
(a) The application fee for a QSI Certificate shall be five hundred dollars
($500.00).
(b) The fee for the biennial renewal of a QSI Certificate shall be one
hundred and twenty five dollars ($125.00).
(c) The fee for review of Certificates of Compliance and provision of related
notifications shall be two hundred and fifty dollars ($250.00).
(d) A fee of one hundred and twenty-five dollars ($125.00) per hour, or
fraction thereof, shall be charged for all work performed in connection with
audits, inspections and investigations conducted pursuant to section 344.8.
344.17. Confidentiality.
The Division shall maintain the confidentiality of all documentation received
pursuant to this Article to the extent that such documentation is protected by
Labor Code Section 6322 or any other applicable provision of law.
NOTE: Authority cited: Labor Code sections 60.5, 6308, 7721, 7923 and 7928.
Reference: Labor Code sections 7920 through 7928.
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