Section 344.10 - Certification of a QSI(a) No person shall perform the services of a QSI for permanent amusement rides unless he or she possesses a current, valid QSI Certificate issued by the Division.(b) An application for certification as a QSI shall be made to the Division on a form prescribed by the Division, which shall require the applicant to provide information limited to his or her name, social security number, mailing address, daytime telephone number, two passport photographs, and information required to satisfy subsection (c).(1) All statements on the application shall be made under penalty of perjury.(2) Within 20 business days of receipt of an application for certification as a QSI, the division shall notify the applicant in writing that the application is complete and accepted for filing or incomplete and what additional evidence, documentation, or information is necessary to complete the application. An application shall be considered to be complete once all evidence, documentation, and information required by subsection (c)(1) or (c)(2) have been submitted.(3) Within 20 business days of receipt of a completed application, the Division shall notify the applicant in writing of its decision to approve or disapprove the application. If the application is made pursuant to subsection (c)(2), the Division shall, upon approval of the application, allow the applicant to sit for an examination pursuant to subsection (c)(2)(D).(4) If the applicant has qualified for certification under subsection (c)(1), the Division shall issue a QSI Certificate to the applicant upon approval of the application. If the applicant has qualified for certification under subsection (c)(2), the Division shall issue a QSI Certificate to the applicant upon completion of the QSI Examination with a score of at least 80% as required by subsection (c)(2)(D).(c) To be eligible for certification as a QSI, an applicant shall qualify as either a licensed engineer or as a non-engineer.(1) To qualify as a licensed engineer, the applicant shall do all of the following: (A) Provide satisfactory evidence that the applicant is a licensed engineer and has completed at least two years of experience in the amusement ride field, consisting of at least one year of actual inspection of amusement rides for a manufacturer, government agency, amusement park, carnival or insurance underwriter, and an additional year of practicing any combination of amusement ride inspection, design, fabrication, installation, maintenance, testing, repair, or operation.(B) Provide any other information reasonably requested by the Division.(2) To qualify as a non-engineer, the applicant shall do all of the following:(A) Provide satisfactory evidence of completing a minimum of five years of experience in the amusement ride field, at least two years of which consisted of actual inspection of amusement rides for a manufacturer, government agency, amusement park, carnival or insurance underwriter. The remaining experience may consist of any combination of amusement ride inspection, design, fabrication, installation, maintenance, testing, repair, or operation.(B) Provide any other information reasonably requested by the Division.(C) Produce a valid certificate from a QSI Training Program approved by the Division pursuant to section 344.11, evidencing the applicant's successful completion of 80-hour QSI certification training. For the purposes of this subsection, the training must have been completed within the past five years as of the time the application is made, but must not have been received earlier than January 1, 1999. NOTE: A certificate of completion from an approved QSI Training Program which is based on training received prior to the date this Article takes effect is acceptable if the course work has been retroactively approved pursuant to section 344.11(f).
EXCEPTION: An applicant may apply up to 40 hours of successfully completed nondestructive testing (NDT) training toward completion of the requirement for 80 hours of QSI certification training from an approved QSI Training Program. For the purposes of this exception, an acceptable NDT training course is one offered by an instructor certified by the American Society for Nondestructive Testing, Inc. ("ASNT") Nondestructive Training Level III, and covering the test method body of knowledge as described in the ASNT Recommended Practice No. SNT-TC-1A, 1996. The applicant shall provide all documentation or evidence reasonably necessary to demonstrate that the NDT training sought to be applied toward the 80-hour requirement meets these criteria. Other NDT courses shall be considered to be acceptable if the QSI applicant can demonstrate that the course instructor and content are equally effective in imparting skills and subject matter to attendees that are necessary for competent inspection of permanent amusement rides. No course shall be considered acceptable if the Division reasonably determines that the subject matter is insufficiently related to the inspection of permanent amusement rides to qualify as substitutable NDT training, or if the Division reasonably determines that the manner of instruction is insufficiently managed or monitored to be considered bona fide training.
(D) Achieve a score of at least 80% on a written examination (QSI Examination) pertaining to the subjects addressed in this Article and Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title and subject matter applicable to the safe operation of permanent amusement rides. The examination shall be given during the Division's normal business hours in Sacramento or Anaheim at a time convenient to the applicant. NOTE: The examination shall not require knowledge of any requirements in Subchapter 6.2 unless and until Subchapter 6.2 has been adopted and takes effect.
(d) A QSI Certificate shall be valid for a period of two years from the date of issuance.(e) Application for renewal of a QSI Certificate shall be made to the Division on a form prescribed by the Division, which shall require the certificate holder to provide his or her name and daytime telephone number.(1) All statements on the renewal application shall be made under penalty of perjury.(2) Each application shall be accompanied by the application fee fixed by section 344.16(b).(3) The applicant shall provide evidence of having completed, during the previous biennial renewal cycle, at least 30 hours of training from the continuing education component of a QSI Training Program approved pursuant to section 344.11(c). This training shall include inservice industry or manufacturer updates and seminars.(4) The applicant shall provide any additional information reasonably requested by the Division.(5) Within 10 business days of receipt of an application for renewal of a QSI certificate, the Division shall notify the applicant in writing either that the application is complete and accepted for filing or deficient and what specific information is required to complete the application. Within 10 business days of receipt of a completed application for certification as a QSI or an application for renewal of a QSI certificate, the Division shall notify the applicant of its decision to approve or disapprove the application.(f) The Division shall determine whether the applicant meets the criteria necessary for certification or renewal of certification pursuant to this Article and Part 8.1 of Division 5 of the Labor Code, and shall approve or disapprove the application for certification or renewal of certification accordingly.(g) The Division may revoke or suspend the certification of a QSI, upon determining that the holder: (1) Has submitted a fraudulent inspection report to the Division or to the owner or operator of a permanent amusement ride; or(2) Has not performed competently as a QSI.Cal. Code Regs. Tit. 8, § 344.10
1. New article 6 (section 344.10) filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).
2. Repealer and new section filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).
3. Amendment filed 12-4-84; effective thirtieth day thereafter (Register 84, No. 49).
4. Amendment of subsection (a) filed 12-29-88; operative 12-29-88 (Register 89, No. 2).
5. Amendment of subsection (a)(1) filed 8-25-92; operative 9-24-92 (Register 92, No. 35).
6. Renumbering of former article 6 to new article 6.1 and renumbering of former section 344.10 to new section 344.18 filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44). Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920- 7932, Labor Code.
1. New article 6 (section 344.10) filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).
2. Repealer and new section filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).
3. Amendment filed 12-4-84; effective thirtieth day thereafter (Register 84, No. 49).
4. Amendment of subsection (a) filed 12-29-88; operative 12-29-88 (Register 89, No. 2).
5. Amendment of subsection (a)(1) filed 8-25-92; operative 9-24-92 (Register 92, No. 35).
6. Renumbering of former article 6 to new article 6.1 and renumbering of former section 344.10 to new section 344.18 filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).