Amusement Devices General Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/adsgen.htm

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Amusement Devices General Regulations
made under Section 20 of the

Amusement Devices Safety Act

R.S.N.S. 1989, c. 12

O.I.C. 2005-285 (July 8, 2005), N.S. Reg. 139/2005

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 72/2015

Citation

1     These regulations may be cited as the Amusement Devices General Regulations.

Definitions

2     In these regulations,

 

                (a)    “Act” means the Amusement Devices Safety Act;

 

                (b)    “competent person” means a person that the owner has designated as beingqualified to operate an amusement device based on the person’s knowledge,maturity, training and experience;

 

                (c)    “daily inspection” means the pre-opening inspection set out in CSA StandardZ267, the Safety Code for Amusement Rides and Devices, to be conducted onall licensed amusement devices by a mechanic;

 

                (d)    “directly supervised” means the person providing supervision is on site andavailable to assist and supervise the person requiring supervision;

 

                (e)    “mechanic” means a person who

 

                         (i)     has a working knowledge of the Act, the regulations made under the Act,and the applicable prescribed safety standards respecting the amusementdevice on which the mechanic is assigned to work, and

 

                         (ii)    holds a mechanic certificate issued under these regulations; and

 

                (f)    “mechanic certificate” means a certificate of competency issued under Section11 to persons other than inspectors by the Chief Inspector.

Exclusions from the application of the Act

3     The Act does not apply to any of the following:

 

                (a)    amusement devices that are designed and used as coin-operated devices;

 

                (b)    passenger ropeways conforming to CSA Standard CAN/CSA-Z98;

 

                (c)    elevating devices conforming to CSA Standard CAN/CSA-B44;                   

 

                (d)    children’s play spaces and equipment conforming to CSA Standard[CAN/CSA-]Z614;

 

                (e)    play systems that are made of soft material and are self-contained, conformingto ASTM Standard F1918, except stand-alone air-supported structures;

 

          (g)  [(f)]  tethered amusement devices that recoil, including bungee jumps; and

 

          (h)  [(g)] hot-air balloons.

Duties of owner

4     An owner must ensure that all of the following are complied with:

 

                (a)    all required equipment, material and safeguards are maintained in goodcondition;

 

                (b)    an amusement device is operated by a competent person;

 

                (c)    a licensed amusement device is constructed, installed, altered, repaired,maintained, serviced and tested by a mechanic, or by a person who is directlysupervised by a mechanic;

 

                (d)    a licensed amusement device is given a daily inspection by a mechanic; and

 

                (e)    a copy of the Act, the regulations made under the Act and the latest edition ofthe applicable prescribed safety standards are available to the mechanic andother employees and maintained in good condition in the amusement park.

Prescribed safety standards

5     (1)    Except as provided in subsection (2), an owner must ensure that all licensedamusement devices, structures and associated equipment are constructed, installed,altered, repaired, maintained, serviced, tested and inspected in accordance with thefollowing safety standards, as amended from time-to-time, as applicable:

 

                (a)    CSA Standard [CAN/CSA-]Z267, the Safety Code for Amusement Rides andDevices including Appendices;

 

                (b)    CSA Standard [CAN/CSA-]C22.1 Canadian Electrical Code Part 1, the SafetyStandards for Electrical Installations.

 

       (2)    The Chief Inspector may accept compliance with another safety standard if itprovides for a level of safety equal to or greater than the level of safety provided forin the prescribed safety standard.

Authorized deviation from requirement

6     The Chief Inspector may authorize a deviation from a requirement of the Act, theregulations made under the Act or a safety standard in cases of practical difficulty orunnecessary hardship if the Chief Inspector is satisfied that reasonable safety will beassured.

Conduct of persons in or about amusement devices

7     A person must not act in, on or about an amusement device in a manner that may

 

                (a)    impair the safe operation of the amusement device; or

 

                (b)    endanger their safety or the safety of another person.

Prohibition against improper assembly or defective parts

8     A person must not use an amusement device, or permit an amusement device to be used,regardless of whether the amusement device is licensed, that is

 

                (a)    not properly assembled; or

 

                (b)    defective in any parts, components, controls or safety equipment.

Inspectors

9     (1)    Subject to subsection 11(2), an inspector appointed under the Elevators and Lifts Actis considered to have a certificate of competency to make inspections under the Act.

 

       (2)    Only an inspector described in subsection (1) is qualified to make inspections underthe Act.

Mechanic[s]

10   (1)    The Chief Inspector may issue a mechanic certificate on receiving a completedapplication in a form approved by the Chief Inspector from an applicant, togetherwith all of the following:

 

                (a)    documented evidence that the applicant has worked for at least 3 yearsconstructing, installing, altering, repairing, maintaining and servicingamusement devices, for a minimum of 800 hours of work per year;

 

                (b)    an affidavit from the applicant’s employer that verifies that the applicant iscompetent to carry out their duties as a mechanic, including verification of anypractical skills gained from technical training the applicant may have taken;

 

                (c)    proof that the applicant has successfully passed the amusement devicesmechanics training courses approved by the Chief Inspector.

 

       (2)    For an applicant who constructed, installed, altered, repaired, maintained andserviced amusement devices before the date that these regulations come into force,the Chief Inspector may issue the applicant a mechanic certificate on receiving acompleted application in a form approved by the Chief Inspector, together with all ofthe following:

 

                (a)    documented evidence satisfactory to the Chief Inspector that the applicant hasbeen doing the work described continuously for the 3 years immediately beforethe date that these regulations come into force, for a minimum of 800 hours ofwork a year;

 

                (b)    documented evidence satisfactory to the Chief Inspector of the applicant’spractical skills and related technical training;

 

                (c)    proof that the applicant has successfully passed an amusement devicesmechanics examination approved by the Chief Inspector.

 

       (3)    The Chief Inspector may issue a mechanic certificate to an out-of-Province applicanton receiving a completed application in a form approved by the Chief Inspector fromthe applicant, together with all of the following:

 

                (a)    documented evidence that the applicant has worked for at least 3 yearsconstructing, installing, altering, repairing, maintaining and servicingamusement devices, for a minimum of 800 hours of work per year;

 

                (b)    documented evidence satisfactory to the Chief Inspector of the applicant’spractical skills and related technical training;

 

                (c)    proof that the applicant has successfully passed an amusement devicesmechanics examination approved by the Chief Inspector.

 

       (4)    A mechanic certificate must be in a form approved by the Chief Inspector.

 

       (5)    Despite any other provision in these regulations, a mechanic certificate is notrequired until 12 months from the date these regulations come into force.

Term of certificate of competency

11   (1)    A mechanic certificate is valid until the expiry date provided, which may be for aterm of up to 3 years from the date it is issued, unless suspended or revoked sooner.

 

       (2)    A certificate of competency that an inspector holds under subsection 9(1) continuesin force for as long as the inspector continues to be appointed under the Elevatorsand Lifts Act and is adequately discharging their duties as an inspector.

Suspension or revocation of a certificate of competency

12   A certificate of competency may be suspended or revoked by the Chief Inspector if theholder is not adequately discharging their duties as set out in these regulations.

Renewal of mechanic certificate

13   (1)    The Chief Inspector may renew a mechanic certificate, upon receiving from thecertificate holder a renewal application in the form prescribed by the ChiefInspector.

 

       (2)    The Chief Inspector may reinstate a mechanic certificate upon receiving anapplication from a certificate holder within the 12 months immediately following theexpiry date of their certificate.

 

       (3)    If a person fails to renew their mechanic certificate or have their mechanic certificatereinstated under subsection (1) or (2), the person must apply for a new certificate inaccordance with Section 10.

Licences

14   (1)    A licence is valid until the expiry date provided, which may be for a term of up to 3years from the date it is issued, unless suspended or revoked sooner.

 

       (2)    It is a condition of each licence that an annual inspection by an inspector beconducted before the first use of the amusement device at the beginning of eachseason.

 

       (3)    A licence may be suspended or revoked by the Chief Inspector if the Chief Inspectorbelieves that the licensed amusement device is being operated in violation of the Actor the regulations made under the Act.

Insurance coverage

15   (1)    An owner must hold a minimum of $1 000 000 liability insurance coverage for eachamusement park.

 

       (2)    An insurer must notify the Chief Inspector immediately if insurance required underthe Act or these regulations is cancelled or amended.

Licence and inspection fees

16   The fees prescribed under the Act for licences and inspections are as set out in thefollowing table: