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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 6. Administration of Permanent Amusement Ride Program
(Permanent Amusement Rides Administrative Regulations)

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§344.7. Certificate of Compliance.

(a) On or before November 5, 2002, 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 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 each of the following items:

(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 conformance with the requirements of Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) 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 Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title shall not take effect until November 5, 2002, or 180 days after the date that Subchapter 6.2 has been adopted and takes effect, whichever is later.

(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) business 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 requirements of this Article and Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title.

Note: The requirement that the amusement ride comply with all applicable requirements of Subchapter 2 shall not take effect unless and until Subchapter 2 is adopted and takes effect.

(g) Starting on November 5, 2002, an owner or operator who 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.

Exception No 1: If the Division fails to notify the owner or operator within 5 business days of receipt of a Certificate of Compliance that the Certificate has been received and whether it meets the requirements of this Article as required by subsection (d), the owner or operator may continue to operate the ride, unless and until the Division notifies the owner or operator that the Certificate is deficient.

Exception No. 2: If a tardy request for a Division-conducted annual inspection is made, and the Division can accommodate the request, the ride may be operated after the inspection has been initiated and the Division informs the owner or operator that the ride may be operated.

NOTE: Authority cited: Labor Code sections 60.5, 7923, and 7928. Reference: Labor Code sections 7920 through 7932.

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