Cal. Code Regs. tit. 8 § 344.6

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 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 licensed engineer responsible for the construction of the permanent amusement ride stating that the ride has been constructed according to its final 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 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) 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 November 5, 2001.

(f) 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) 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) 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, conveyances that operate directly on the ground or on pavement or a surface directly on the ground, or aerial passenger tramways as defined by Labor Code section 7340(a). For the purposes of this definition, the phrase "of a permanent nature" means remaining at a single location for longer than 180 days.

(i) A "qualified safety inspector," or "QSI," is an individual certified by the Division pursuant to section 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 "Ride Footprint" is the surface area, expressed in square feet, that is covered by the ride, itself, and does not include the passenger waiting area or queuing area.

(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;

(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 the following structural attributes:

(1) Structural supports and foundations including wind and seismic integrity;

(2) Structural bracing; and

(3) Ride track elements, if any.

Cal. Code Regs. Tit. 8, § 344.6

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).
2. New subsection (j) and subsection relettering filed 1-20-2011; operative 1-20-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 3).

Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920- 7932, Labor Code.