Cal. Code Regs. tit. 4 § 1471

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 1471 - General Provisions and Conditions

(a) Pursuant to Section 19481 of the Business and Professions (B&P) Code, all horse racing associations, fairs, and training facilities used for timed and reported workouts must comply with the provisions of this article.

(b) Notwithstanding the above, these regulations shall not apply to training tracks not used for timed and reported workouts or to any track maintained by a licensed racing association or fair that is not used for conducting licensed races.

(c) The provisions of this article shall not require the removal or replacement of, or substantial modification to, any rail or other object installed prior to May 24, 1994, if in the judgment of the Board there is a showing that compliance with the safety standards can be attained by alternate methods, technologies, programs, practices, means, devices or processes proposed and implemented that will provide equal or superior safety for racing participants.

(d) A request for an approval, pursuant to subsection (c), may be submitted in writing, not less than 90 calendar days prior to the start of the race meeting.

(1) The Board will act upon a request not less than 60 days prior to the start of the race meeting. The Board shall prescribe in writing, the terms under which the approval is granted and said approval shall remain in effect only as long as there is compliance with the terms.

(2) Any approval shall be conditional unless a signed and completed Hold Harmless Agreement, CHRB-120 (new 2/96), which is hereby incorporated by reference, is submitted within five days after the approval is granted.

(3) No approval shall be granted unless a policy for liability insurance is obtained in an amount not less than $3 million dollars that names the Board as an additional insured; such policy shall remain in effect for the duration of the race meeting. A copy of the certificate of liability insurance shall be submitted with the CHRB-17, Application for License to Conduct a Race Meeting or CHRB-18, Application for License to Conduct a Fair Race Meeting.

(4) The Board may revoke an approval at any time if, in their judgment, there is failure to comply with the terms of the approval.

(5) If the Board disapproves a request for an approval the requestor must comply with the provisions of this article.

(e) Unless the Board determines an emergency situation exists, upon receipt of written notification of revocation of an approval the racing association, fair, or training facility shall have not more than 30 calendar days to achieve compliance with the provisions of this article.

(f) Any association or fair that does not comply with the provisions of this article will not be granted a racing license pursuant to Section 19481.5 of the B&P Code.

(g) Forty-five calendar days prior to the start of a racing association meet, or 30 days prior to the start of a fair meet or annually in the case of a training facility, the track shall be inspected for compliance with the provisions of this article. The Board shall designate a steward to be responsible for enforcing compliance with safety standards as required by this article and the Board-designated steward or other official shall perform the compliance inspection and report the findings to the Board.

Cal. Code Regs. Tit. 4, § 1471

1. New article 3.5 and section filed 5-24-94; operative 5-24-94 (Register 94, No. 21).
2. Amendment of subsections (c)-(d)(1), new subsections (d)(2)-(d)(4) and subsection renumbering, and amendment of newly designated subsections (d)(5)-(d)(6) and subsections (e) and (f) filed 6-20-96; operative 7-3-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 25).
3. Change without regulatory effect amending subsections (d)(4), (f) and (g) filed 12-23-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 52).
4. Change without regulatory effect amending subsection (d)(4) filed 6-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 25).
5. Change without regulatory effect amending section filed 10-14-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 42).

Note: Authority cited: Sections 19480, 19481 and 19481.5, Business and Professions Code. Reference: Sections 19480, 19481 and 19481.5, Business and Professions Code.