NLR 118/96 - Amusement Rides and Elevating Devices Regulations under the Public Safety Act

Short title

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

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.

118/96 s2; 40/25 s1

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.

118/96 s3

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) Notwithstanding subsection (1), the chief inspector may if the chief inspector 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.

118/96 s4; 82/09 s1; 40/25 s2

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;

(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.

118/96 s5

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.

40/25 s3

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.

40/25 s3

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.

40/25 s3

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

40/25 s3

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.

40/25 s3

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.

118/96 s6

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.

40/25 s4

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.

40/25 s4

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

40/25 s4

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

40/25 s4

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.

40/25 s4

Issuance of certificate

7. The chief inspector may issue to the owner a certificate only when the chief inspector 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.

118/96 s7; 40/25 s5

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

118/96 s8

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.

118/96 s9

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

118/96 s10

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.

118/96 s11

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.

40/25 s6

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

(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

118/96 s12; 40/25 s7

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.

40/25 s8

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.

40/25 s8

Conduct

13. A person shall not act 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 the person or another person in, on or near an amusement ride or elevating device.

118/96 s13; 40/25 s9

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.

118/96 s14

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.

118/96 s15

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.

118/96 s16

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.

118/96 s17

Repeal

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

118/96 s18

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;

(d) vehicles covered under the Off-Road 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.

118/96 Sch A; 2021 cO-5.1 s44

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;

(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

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