7 Pa. Code § 139.2

Current through Register Vol. 54, No. 49, December 7, 2024

Section 139.2 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act-The Amusement Ride Inspection Act (4 P. S. § § 401-419).

Affiliated qualified inspector-A qualified inspector with a Department-issued certificate and credential card authorizing that person to act as a qualified inspector only with respect to the amusement rides or amusement attractions of the owner or lessee designated on that certificate and credential card. An affiliated qualified inspector is not a general qualified inspector.

Amusement attraction-

(i) A building or structure around, over or through which people may move or walk, without the aid of a moving device integral to the building or structure, that provides amusement, pleasure, thrills or excitement.

(ii) The term does not include an enterprise principally devoted to the exhibition of products of agriculture, industry, education, science, religion or the arts.

Amusement park-A tract or area used principally as a location for permanent amusement structures or rides.

Amusement ride-A device that carries, suspends or conveys passengers along, around or over a fixed or restricted route or course or within a defined area, for the purpose of giving its passengers amusement, pleasure, thrills or excitement.

ASTM-American Society for Testing Materials-This organization is currently named and known as ASTM International.

ASTM International-The organization formerly known as ASTM or the American Society for Testing Materials.

ASTM International F-24 Committee Standards-The ASTM standards promulgated by the ASTM International F-24 Committee, as published in the current annual book of ASTM International Standards Volume 15.07, or its successor document.

ASTM standards-Standards promulgated by the ASTM entitled Standard Guide for the Classification of Amusement Ride and Device Related Injuries and Illnesses, designation ASTM F 1305, or its successor, which provide procedures for the uniform classification of data related to amusement ride and device injuries and illnesses.

Attendant-A person having responsibility for some aspect of the operation of an amusement ride or attraction, but who is not an operator.

Board-The Amusement Ride Safety Advisory Board.

Carnival-An itinerant enterprise consisting principally of temporary amusement structures or mechanical rides.

Class I amusement ride or amusement attraction-A type of amusement ride or amusement attraction with respect to which the following apply:

(i) The ride or attraction is on the Department's most current list of approved rides.

(ii) The ride or attraction is a comparatively simple ride such as bumper cars, bumper boats, a multipassenger coin-operated kiddie ride, go-carts, a live animal ride, a manually powered ride, a miniature train, an inflatable bounce ride, slide or similar device.

(iii) The Department has, on its most current list of approved rides, designated the ride or attraction as belonging within "Class I" for purposes of establishing the appropriate required minimum liability insurance coverage required with respect to that ride or attraction, in accordance with section 14(a)(1) of the act (4 P. S. § 414(a)(1)).

Class II amusement ride or amusement attraction-A type of amusement ride or amusement attraction with respect to which the following apply:

(i) The ride or attraction is on the Department's most current list of approved rides.

(ii) The Department has, on its most current list of approved rides, designated the ride or attraction as belonging within "Class II" for purposes of establishing the appropriate required minimum liability insurance coverage required with respect to that ride or attraction, in accordance with section 14(a)(2) of the act.

Commercially used-In the context of amusement rides and amusement attractions, the term includes any ride or attraction offered for use by persons in consideration of payment of a ticket fee, an entry fee, a rental fee or any other fee or charge as a condition of use of the ride or attraction.

Department-

(i) The Department of Agriculture of the Commonwealth.

(ii) The term includes employees of the Department.

Fair-An enterprise principally devoted to the periodic and recurring exhibition of products of agriculture, industry, education, science, religion or the arts that has one or more amusement rides or attractions operated in conjunction therewith in either temporary or permanent structures.

General qualified inspector-A qualified inspector with a Department-issued certificate and credential card authorizing that person to act as a qualified inspector, without limiting the exercise of that inspection authority to the amusement rides or amusement attractions of a particular owner or lessee. A general qualified inspector is not an affiliated qualified inspector.

Inspection-Inspection by a qualified inspector of an amusement ride, device or attraction for compliance with the act and this chapter.

Kiddy ride or kiddie ride-An amusement ride or attraction designed primarily for use by children up to 12 years of age.

Lessee-A person who leases an amusement ride or attraction from its owner, or from an authorized representative of an owner.

Major modification-A change in either the structural or operational characteristics of an amusement ride or amusement attraction which can alter its performance from that specified in the manufacturer's design criteria.

Major ride-An amusement ride or attraction that is not a kiddy ride.

National Electrical Code-The National Electrical Code NFPA No. 70-E, as revised, amended or corrected.

New amusement ride or amusement attraction -An amusement ride or attraction of a design not previously operated in this Commonwealth and for which no regulations have been adopted.

Operation-

(i) When used in the context of an amusement ride or attraction, the term includes the loading of persons onto the ride or attraction, the physical movement of the ride or-in the case of nonmechanical rides (such as slides) or attractions-the movement of persons on or through the ride or attraction, and the unloading of persons from the ride or attraction.

(ii) The term does not include the portion of a patron line that extends outside of any fence, wall, guardrail or gate that limits access to the amusement ride or amusement attraction and that is required in order for the ride or attraction to meet the ASTM International F-24 Committee Standards.

(iii) The term does not include that portion of a patron line that extends outside or beyond any device or object that limits or identifies control access for the ride or attraction if a fence, wall, guardrail or gate is not required in order for the ride or attraction to meet ASTM International F-24 Committee Standards.

Operator-A person actually engaged in or directly controlling the operation of an amusement ride or attraction.

Owner-

(i) A person who owns an amusement ride or attraction.

(ii) The term excludes the Commonwealth or its political subdivisions.

Pennsylvania Construction Code Act-35 P. S. § § 7210.101-7210.1103.

Permanent structure-A structure, enclosure or arrangement of parts, used or intended to be used for or as an amusement ride or attraction, that is erected to remain a lasting part of the premises.

Person-Includes a corporation, partnership, limited liability company, business trust, other association, government entity (other than the Commonwealth), estate, trust, foundation or natural person.

Professional engineer-

(i) An individual licensed and registered under the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. § § 148-158.2) or a successor statute to engage in the practice of engineering.

(ii) The term does not include a person who is exempt from licensure and registration under section 5(b) of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. § 152(b)).

Qualified inspector-

(i) A person certified by the Department who by education, training or experience is knowledgeable with amusement ride operating manuals and the psychological effects each ride has upon a passenger. The person shall also be experienced in the erection and dismantling of amusement rides and shall be familiar with the specific equipment with that particular operator.

(ii) The term includes affiliated qualified inspectors and general qualified inspectors.

Secretary-The Secretary of the Department.

Serious injury or illness-

(i) An injury or illness that requires one or more of the following:

(A) Offsite emergency first aid.

(B) Offsite medical treatment, whether it is administered or recommended or may be required at a future date.

(C) Observation by a licensed physician.

(D) Admission to a hospital.

(ii) The term also includes an injury or illness that results in death, dismemberment, significant disfigurement or permanent loss of the use of a body organ, member, function or system.

Temporary structure-A structure, enclosure or arrangement of parts used, or intended to be used for or as an amusement ride or attraction, that is relocated from time to time with or without disassembly.

Working day-A day other than a Saturday, Sunday, National holiday or holiday of the Commonwealth.

7 Pa. Code § 139.2

The provisions of this § 139.2 amended December 12, 2008, effective 12/13/2008, 38 Pa.B. 6843.

This section cited in 7 Pa. Code § 139.11 (relating to accident reporting).