Section Saf-C 1405.04 - Accident Procedure(a) All operators of carnival or amusement rides shall adhere to the procedures set forth in this section regarding accidents.(b) A carnival or amusement ride shall be immediately closed and the commissioner or his agent notified within one hour upon the occurrence of an accident which: (1) Causes the death of any person as a result of a defect in the design of the carnival or amusement ride, operator error, malfunction, or the rider's fault;(2) Causes serious injury that indicates that the safety of future users of the carnival or amusement ride might be in jeopardy, as a result of a defect in the design of the carnival or amusement ride, operator error, malfunction, or the rider's fault;(3) Causes injury to any person, where the injury requires the admission of the injured person to a hospital, or otherwise results in the injured person being treated at a hospital either on an inpatient or outpatient basis; or(4) Causes damage to the carnival or amusement ride or to any of its component systems which would affect the safety of the carnival or amusement ride.(c) When a carnival or amusement ride has been closed, in accordance with paragraph (b), the carnival or amusement ride shall remain closed until the department has completed its investigation of the accident.(d) The department's investigation shall focus on the cause of the accident, such as: (e) The commissioner or his authorized representative shall issue an order expressly granting permission to reopen said carnival or amusement ride at the conclusion of the investigation.(f) The following shall apply when a carnival or amusement ride has been closed, in accordance with paragraph (b): (1) The carnival or amusement ride shall not be removed from the site of the incident until a written release has been granted by the commissioner or his authorized representative at the conclusion of the investigation;(2) Prior to such approval, neither the carnival or amusement ride itself, nor the surrounding area shall be disturbed, cleaned up, or altered;(3) The provisions of this paragraph shall not apply when action contrary to the requirements set forth herein is necessary for the preservation of life, the removal of injured persons or bodies, the preservation of property, or to permit the flow of traffic.(g) A carnival or amusement ride that should have been closed after an accident but continued to operate until it was ordered closed, in accordance with paragraph (b), shall not be moved from the site of the accident until a written release has been granted by the commissioner or his authorized representative at the conclusion of the investigation.(h) The following shall apply pending the receipt of the written release by the commissioner or his authorized agent, in accordance with paragraph (g): (1) Prior to receiving the written release, neither the carnival or amusement ride itself, or the surrounding area shall be disturbed, cleaned up, or altered; and(2) The provisions of this paragraph shall not apply when action contrary to the requirements set forth herein is necessary for the preservation of life, the removal of injured persons or bodies, the preservation of property, or to permit the flow of traffic.(i) A written accident report shall be sent by the operator to the commissioner within 5 days of any accident on a "Amusement Ride Accident Report" form furnished by the division.(j) The operator shall supply on the amusement ride accident report the following information: (3) Name of amusement ride;(4) Time and exact location of accident;(5) Name and address of persons killed or injured;(7) Name and address of the physical operator in charge;(8) Attendant or attendants at time of accident and their names and addresses;(9) Type of carnival or amusement ride on which the accident occurred;(10) Description of the accident;(11) Operator's opinion as to the cause of the accident;(12) Known witnesses and their names and addresses;(13) Whether carnival or amusement ride is registered;(14) Whether the carnival or amusement ride had been inspected, pursuant to Saf-C 1404.02, and if so, the: a. Date of last inspection; andb. Name and address of the agent;(15) Whether safety devices required by Saf-C 1400 were installed;(16) Name of hospital/doctor where injured taken;(17) Whether first aid equipment was available at the scene of the accident;(18) Detailed description of mechanical failure; and(19) Signature of operator.(k) The operator shall maintain copies of accident reports involving any injury that occurs, at the location of the carnival or amusement ride, for a period of 3 years from the date of the incident. These reports shall be open to the inspection of the commissioner or his agent during normal business hours.N.H. Admin. Code § Saf-C 1405.04
#2229, eff 12-31-82; amd by #2575, eff 12-30-83; ss by #2950, eff 1-3-85; ss 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; amd by #7618, eff 12-28-01; amd by #7833, INTERIM, eff 2-22-03, EXPIRED: 8-21-03; ss by #8045, eff 2-20-04; ss by #8342, eff 4-28-05
Amended by Volume XXXIV Number 07, Filed February 13, 2014, Proposed by #10507, Effective 1/21/2014, Expires 1/21/2024.The amended version of this section by New Hampshire Register Volume 36, Number 36, eff.8/11/2016 is not yet available.