Tenn. Code § 68-121-101

Current through Acts 2023-2024, ch. 1069

Section 68-121-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:

(1) "Aerial passenger tramways" means recreational transportation of passengers on devices that are usually referred to by the following names:

(A)Reversible Aerial Tramways. That class of aerial passenger tramways and lifts in which the passengers are transported in carriers and are not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals;

(i)Single-Reversible Tramways. That type of reversible aerial tramway that has a single carrier, or single group of carriers, that moves back and forth between terminals on a single path of travel and is sometimes called "to-and-fro" aerial tramway; and

(ii)Double-Reversible Tramways. That type of reversible aerial tramway that has two (2) carriers, or two (2) groups of carriers, that oscillate back and forth between terminals on two (2) paths of travel and is sometimes called "jig-back" tramway;

(B)Aerial Lifts and Ski Mobiles. That class of aerial passenger tramways and lifts in which the passengers are transported in carriers and are not in contact with the ground or snow surface and in which the carriers circulate around a closed system and are activated by a wire rope or chain. The carriers usually make U-turns in the terminals and move along generally parallel and opposing paths of travel. The carriers may be open or enclosed cabins, cars, or platforms. The carriers may be fixed or detachable;

(i)Gondola Lifts. That type of lift where the passengers are transported in open or enclosed cabins. The passengers embark and disembark while the carriers are stationary or moving slowly under a controlled arrangement;

(ii)Chair Lifts. That type of lift where the passengers are transported in chairs, either open or partially enclosed;

(iii)Ski Mobiles. That type of lift where the passengers are transported in open or enclosed cars that ride on a rigid structural system and are propelled by a wire rope or chain; and

(iv)Similar Equipment. Lifts which utilize carrier configurations not specified in subdivision (1)(B)(i), (1)(B)(ii) or (1)(B)(iii), but do not require that the passenger remain in contact with the ground or snow surface;

(C)Surface Lifts. That class of conveyance where the passengers are propelled by means of a circulating overhead wire rope while remaining in contact with the ground or snow surface. Transportation is limited to one (1) direction. Connection between the passengers and the wire rope is by means of a device attached to and circulating with the haul rope known as a "towing outfit";

(i)T-bar Lifts. That type of lift where the device between the haul rope and passengers forms the shape of an inverted "T," propelling passengers located on both sides of the stem of the "T";

(ii)J-bar Lifts. That type of lift where the device between the haul rope and passenger is in the general form of a "J," propelling a single passenger located on the one (1) side of the stem of the "J";

(iii)Platter Lifts. That type of lift where the device between the haul rope and passenger is a single stem with a platter or disc attached to the lower end of the stem, propelling the passenger astride the stem of the platter, or disc; and

(iv)Similar Equipment. Lifts that utilize towing device configurations not specified in subdivision (1)(C)(i), (1)(C)(ii) or (1)(C)(iii), but require that passengers remain in contact with the ground or snow surface, and conform to the general description of this subdivision (1); and

(D)Tows. That class of conveyance where the passengers grasp the circulating haul rope, a handle attached to the circulating haul rope, or attach a gripping device to the circulating haul rope and are propelled by the circulating haul rope. The passengers remain in contact with the ground or snow surface. The upward-traveling haul rope remains adjacent to the uphill track of the passengers and at an elevation that permits them to maintain their grasp on the haul rope, handle, or gripping device throughout that portion of the tow length that is designed to be traveled;

(i)Fiber Rope Tow. A tow having a fiber, natural or synthetic, haul rope; and

(ii)Wire Rope Tow. A tow having a metallic haul rope;

(2) "Alteration" means any change or addition to the equipment other than ordinary repairs or replacement;

(3) "Amusement device" means:

(A) Any mechanical or structural device that carries or conveys a person, or that permits a person to walk along, around or over a fixed or restricted route or course or within a defined area, including the entrances and exits to the device, for the purpose of giving persons amusement, pleasure, thrills or excitement. "Amusement device" includes, but is not limited to, roller coasters, Ferris wheels, merry-go-rounds, glasshouses, and walk-through dark houses;

(B) "Amusement device" also includes:

(i) Any dry slide over twenty feet (20') in height excluding water slides; and

(ii) Any portable tram, open car, or combination of open cars or wagons pulled by a tractor or other motorized device, except hay rides, those used solely for transporting patrons to and from parking areas, or those used for guided or educational tours, but that do not necessarily follow a fixed or restricted course; and

(C) "Amusement device" does not include the following:

(i) Devices operated on a river, lake, or any other natural body of water;

(ii) Wavepools;

(iii) Roller skating rinks;

(iv) Ice skating rinks;

(v) Skateboard ramps or courses;

(vi) Mechanical bulls;

(vii) Buildings or concourses used in laser games;

(viii) All terrain vehicles;

(ix) Motorcycles;

(x) Bicycles;

(xi) Mopeds;

(xii) Go karts;

(xiii) Bungee cord or similar elastic device;

(xiv) An amusement device that is owned and operated by a nonprofit religious, educational or charitable institution or association, if the device is located within a building subject to inspection by the state fire marshal or by any political subdivision of the state under its building, fire, electrical and related public safety ordinances;

(xv) An amusement device that attaches to an animal so that while being ridden the path of the animal is on a fixed or restricted path;

(xvi) Climbing walls; and

(xvii) Seasonal haunted houses that are open no more than three (3) months in a calendar year;

(4) "Board" means the elevator and amusement device safety board, created in § 68-121-102;

(5) "Commissioner" means the commissioner of labor and workforce development;

(6) "Complete elevator, dumbwaiter or escalator" means any elevator, dumbwaiter or escalator for which the plans and specifications and the application for the construction permit required by § 68-121-108 are filed on or after the effective date of the application of the rules and regulations adopted by the board as provided in § 68-121-103(a)(2). All other elevators, dumbwaiters and escalators shall be deemed to be existing installations;

(7) "Department" means the department of labor and workforce development;

(8) "Dormant elevator, dumbwaiter or escalator" means an elevator or dumbwaiter whose cables have been removed, whose car and counterweight rest at the bottom of the shaftway, and whose shaftway doors are permanently boarded up or barricaded on the inside, or an escalator whose main power feed lines have been disconnected;

(9) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a car that moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet (9 sq. ft.), whose total compartment height does not exceed four feet (4'), the capacity of which does not exceed five hundred pounds (500 lbs.), and that is used exclusively for carrying freight. "Dumbwaiter" does not include a dormant dumbwaiter;

(10) "Elevator" means a hoisting and lowering mechanism equipped with a car or platform that moves in guides in a substantially vertical direction and that serves two (2) or more floors of a building. "Elevator" also includes stairway inclined lifts and platform lifts for transportation of handicapped persons;

(11) "Escalator" means a moving inclined continuous stairway or runway used for raising or lowering passengers;

(12) "Freight elevator" means an elevator used primarily for carrying freight and on which only the operator and the persons necessary for loading and unloading are permitted to ride;

(13) "Moving walks" means a moving runway for transporting passengers, where the passenger transporting surface remains parallel to its direction of motion and is uninterrupted;

(14) "Operator" means a person or the agent of a person who owns or controls, or has the duty to control, the operation of an amusement device or related electrical equipment;

(15) "Owner" means a person that owns, leases, controls or manages the operations of an amusement device and may include the state or any political subdivision of the state;

(16) "Passenger elevator" means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading;

(17) "Qualified inspector" means any person who is:

(A) Found by the commissioner to possess the requisite training and experience in respect to amusement devices to perform competently the inspections required by this chapter;

(B) Certified by the National Association of Amusement Ride Safety Officials (NAARSO) to have and maintain at least a level one certification;

(C) Is a member of, and certified by, the Amusement Industry Manufacturing and Suppliers (AIMS); or

(D) Is a member of, and certified by, the Association for Challenge Course Technology (ACCT);

(18) "Related electrical equipment" means any electrical apparatus or wiring used in connection with amusement devices;

(19) "Safety rules" means the rules and regulations governing rider conduct on an amusement device pursuant to § 68-121-125;

(20) "Serious incident" means any single incident where any person or persons are immediately transported to a licensed off-site medical care facility for treatment of an injury as a result of being on, or the operation of, the amusement device; and

(21) "Serious physical injury" means a patron's personal injury immediately reported to the owner or operator as occurring on an amusement device and that results in death, dismemberment, significant disfigurement or other significant injury that requires immediate in-patient admission and twenty-four-hour hospitalization under the care of a licensed physician for other than medical observation.

T.C.A. § 68-121-101

Amended by 2017 Tenn. Acts, ch. 393, Secs.s 1, s 2 eff. 5/18/2017.

Amended by 2016 Tenn. Acts, ch. 815, s 1, eff. 7/1/2016.

Amended by 2015 Tenn. Acts, ch. 337, s 1, eff. 5/4/2015.

Acts 1951, ch. 235, § 1 (Williams, § 5379.9); Acts 1957, ch. 255, § 1; 1974, ch. 418, § 1; 1978, ch. 805, § 1; T.C.A. (orig. ed.), § 53-2601; Acts 1984, ch. 900, §§ 1, 2; 1989, ch. 11, §§ 1, 2; T.C.A., § 68-19-101; Acts 1999, ch. 520, § 46; 2007 , ch. 104, § 1; 2008 , ch. 723, § 2.