§ 3005-03 Administration.
RCNY § 3005-03
(a)Filing requirements.
(1)License applications. All license applications for amusement devices are filed with the Department of Consumer Affairs ("DCA") pursuant to the requirements of Title 20 of the Administrative Code.
(2)Permanent installations. No permanent amusement device may be installed, dismantled, removed, relocated, or reassembled unless an installation application is filed with the Department. The Department's application form(s), along with all required construction documents, must be completed and filed by the owner, amusement park operator, or the owner's representative. Such application must be approved by the Department prior to the initial use of the amusement device and include: (i) The name, address and signature of the amusement device owner.
(ii)Complete application and engineering plans signed and sealed by a registered design professional including other reports required by 1 RCNY § 3005-10 and the manual. Engineering plans, dimensioned to scale, must identify parts and components of amusement devices including, but not limited to bars, cables, chains, ropes, rods, pipes, girders, braces, fittings, fasteners, trusses, pressure vessels, pressure piping, gears, clutches, speed reducers, welds, bearings, couplings, shaftings, axles, hangers, pivots, carriers (such as tubs, cars, chairs, gondolas, or seating and carrying apparatus of any description) and safety bars, belts, harnesses, chains, gates or other restraining, containing, or retaining devices.
(iii)Foundation support and details signed and sealed by a registered design professional.
(iv)Trade or descriptive name of the amusement device and model number, if any, together with any identifying numbers.
(v)The name and address of the manufacturer.
(vi)Passenger capacity of the amusement device.
(vii)An electrical permit, if applicable.
(viii)Associated estimated cost of the device and installation.
(ix)Commercial general liability insurance as required by DCA.
(3)Temporary and portable installations. The owner, amusement park operator, or owner's representative of temporary and portable amusement devices, including inflatable devices, must file a registration application with the Department using forms created by the Department. Such registration information must be approved by the Department prior to the amusement device's initial use and include: (i) The name, address and signature of the amusement device owner.
(b)Fees. Refer to Table 28-112.2 of the Administrative Code.
(c)Alterations and modifications. All alterations and modifications to an amusement device must be filed with the Department. Refer to 1 RCNY § 3005-04 for design guidelines and 1 RCNY § 3005-06 for device identification requirements.
(d)Dismantling and removals. All dismantling and removals of permanent amusement devices must be filed with the Department. All such filings must be signed and sealed by a registered design professional attesting that the dismantling and removal of the amusement device would not leave any remaining structure associated with the amusement device in an unstable or compromised condition.
(e)Cease use order. In accordance with § 28-207.5 of the Administrative Code, whenever the commissioner determines that the operation of any amusement device is or may be dangerous to life, health, or safety, the commissioner may issue a "cease use"' order requiring such equipment to be shut down, sealed, or otherwise made inoperable. Upon the issuance of such order, a tag or notice must be affixed to the amusement device warning that it is unsafe for operation. It is unlawful to operate such device or to remove or deface such tag until the cease use order is rescinded by the commissioner per § 28-207.5.1 of the Administrative Code.
(f)Adverse weather conditions. An amusement device that is exposed to strong winds or storm cannot be operated under such dangerous weather conditions, as provided in such device's operating manual, except for the purpose of releasing passengers.
(g)Record keeping.
(h)Certification and revocation.
(4)Revocation. Following notice and an opportunity to be heard, the Department may revoke an amusement park operator's certificate of competency for failure to comply with the requirements of these rules.
(i)Amusement device operator qualifications. All amusement devices must be operated by a competent individual designated by the owner or amusement park operator. All amusement device operators must: (1) Be eighteen (18) years of age or older, except for kiddie ride operators, who can be seventeen (17) years of age or older; (2) Be free from any physical or mental conditions that could affect the performance of his/her duties; (3) Be able to communicate and understand the English language; (4) Hold a current certificate of operation from the amusement park operator as provided for in subparagraph (ii) of paragraph (4) of subdivision (j) of this section; and (5) Be trained in accordance with ASTM F 770, by the amusement park operator, before being allowed to operate an amusement device.
(j)Responsibilities.
