Section Saf-C 1402.04 - Fences Required(a) All carnival or amusement rides, except for challenge courses and zip lines, shall be surrounded by fencing in accordance with the requirements of the 8th Edition of the ASTM Standards on Amusement Rides and Devices (2012), available as noted in Appendix B.(b) Each fence opening shall have a hinged gate adequate to prevent a child from inadvertently entering the enclosed area.(c) All gates in the fence surrounding a carnival or amusement ride shall include a latching device that engages when the gate is closed.(d) Fences and gates shall be constructed and installed so as to prevent riders or spectators from touching the carnival or amusement ride and fences or gates at the same time.(e) All fencing and gates shall be: (1) At least 42 inches high;(2) Designed, constructed and erected to prevent overturning or climbing by riders or spectators;(3) Constructed so as to prevent passage of a sphere or round object 4 inches in diameter through all openings; and(4) Grounded in accordance with NFPA 70, National Electric Code, 2017 edition published by the National Fire Protection Association (NFPA), as adopted pursuant to RSA 155-A:1 and as amended by the building code review board and ratified by the legislature in accordance with RSA 155-A:10.(f) Notwithstanding the requirements of (a) above, fencing manufactured before January 1, 1993 and attached to the carnival or amusement ride by the manufacturer may remain in service.(g) Notwithstanding the requirements of (a) above, if a ride is not designed to be fenced, a certification from the manufacturer that states "No fence required" shall be kept in the ride file jacket.(h) Carnival or amusement rides in a fixed location shall be permitted to use, in lieu of fencing, existing physical characteristics which prevent unpermitted intrusion, after an inspection is conducted pursuant to Saf-C 1406.01.(i) For the purpose of (h) above, "physical characteristics" includes trees, shrubs and water.N.H. Admin. Code § Saf-C 1402.04
#2229, eff 12-31-82; ss by #2950, eff 1-3-85; amd by #4321, eff 10-6-87; ss by #4531, eff 1-1-89; ss by #5940, INTERIM, eff 1-1-95, EXPIRED: 5-1-95; ss by #5952, eff 1-24-95; ss by #7618, eff 12-28-01; amd by #8319, EMERGENCY, eff 4-5-05, EXPIRED: 10-2-05; ss by #8342, eff 4-28-05; amd by #8649, eff 6-2-06; amd by #10131, eff 5-18-12
Amended by Volume XXXIV Number 07, Filed February 13, 2014, Proposed by #10507, Effective 1/21/2014, Expires 1/21/2024.Amended by Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12615, Effective 8/28/2018, Expires 8/28/2028.