Md. Code Regs. 09.12.60.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.60.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Accepted engineering practice" means engineering practice that conforms to accepted principles, tests, or standards of nationally recognized technical or scientific authorities including, but not limited to, ASTM.

(2) "ASTM" means ASTM International, originally known as the American Society for Testing and Materials.

(3) "Attendant" means an employee assigned to assist the operator in attending to the safety needs of riders.

(4) "Containing device" means a strap, belt, bar, gate, or other safety device designed to prevent accidental or inadvertent dislodgement of a rider from an amusement attraction, that does not provide physical support.

(5) "Fail-safe" means a characteristic of an amusement attraction or component of an amusement attraction that is designed so that the normal and expected failure mode results in a safe condition.

(6) "Fire official" means:

(a) Except in Baltimore City, the State Fire Marshal or the State Fire Marshal's designee; and

(b) In Baltimore City, the Baltimore City Fire Prevention Bureau.

(7) "Major breakdown" means a stoppage of operation from any cause that results in damage, failure, or breakage of a structural or stress-bearing part of an amusement attraction.

(8) "Major modification" means any change in either the structural or operational characteristics of the amusement attraction that will alter its performance from that specified in the manufacturer's design criteria.

(9) "Nondestructive testing (NDT)" is testing, such as radiographic, magnetic particle, ultrasonic, liquid penetrant, electromagnetic, neutron radiographic, visual, and leak testing, to detect and locate defects to assess an amusement attraction's components.

(10) "Operator" means the person having direct control of the starting, stopping, or speed of an amusement attraction.

(11) "Owner" has the meaning stated in Business Regulation Article, §3-101, Annotated Code of Maryland.

(12) "Qualified person" means a person who:

(a) By extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the work; or

(b) Possesses a recognized degree, certificate, or professional standing.

(13) "Rated capacity" means a capacity:

(a) Established by the manufacturer for the normal loading and operation of an amusement attraction; or

(b) If the manufacturer has not established a capacity, as established by the Commissioner after inspection.

(14) Rider.

(a) "Rider" means any person who is:

(i) Getting on an amusement attraction;

(ii) Using an amusement attraction; or

(iii) Getting off an amusement attraction.

(b) "Rider" does not include employees of the amusement attraction owner while engaged in the duties of their employment.

(15) "Special amusement structure" means a fun house, dark ride, glass house, walk through, haunted house, or any other similar amusement attraction.

Md. Code Regs. 09.12.60.02

Regulations .02 recodified from 09.12.62.03 effective 49:21 Md. R. 933-968, eff. 11/1/2022