N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 45-1.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 45-1.10 - Annual inspection-designee qualifications

(a) New York State licensed professional engineers, New York State registered architects, or qualified inspectors of an insurance underwriter are deemed to be qualified to perform annual renewal inspections of amusement devices, viewing stands, or tents, as provided under section 870-e of the Labor Law.

(b) The commissioner is authorized to delegate responsibility for the annual inspection of amusement devices (which shall include temporary structures), or viewing stands or tents, as provided under section 870-e of the Labor Law. To be approved to conduct such inspections, candidates must demonstrate appropriate training and experience, as follows, for each of the areas for which the candidate desires to be certified:

(1) a bachelor's degree in occupational safety and health, civil, structural or mechanical engineering, or architecture; or

(2) an associate's degree in occupational safety and health, civil, structural or mechanical engineering, building construction or construction science; or

(3) completion of a manufacturer's training program in the assembly, disassembly, repair, inspection and maintenance of amusement devices, or viewing stands or tents, plus three years of full-time experience in implementing the fundamentals of the training program; or

(4) five years of full-time experience in the assembly, disassembly, repair, inspection and maintenance of amusement devices, or viewing stands or tents; or

(5) one year of full-time experience as an amusement device safety evaluator or inspector for a public or private organization, including the full-time evaluation of the effectiveness of amusement device safety devices; or

(6) a satisfactory combination of the above.

(c) Candidates for inspector designee approval shall submit proof of all qualifying training and experience, such as, but not limited to, school records, detailed certifications from employers, and other appropriate documents as may be required by the commissioner.

(d) Experience gained by an individual in inspecting amusement devices or tents or viewing stands, of which he/she is an owner, lessee, operator or controlling principal shall not be considered toward meeting the above requirements.

(e) A certificate of approval issued by the commissioner authorizing an individual to inspect amusement devices or tents or viewing stands shall:

(1) be valid for three years from the date of issuance, unless such certificate is suspended or revoked by the commissioner; and

(2) not be valid authorization for that person to inspect amusement devices or tents or viewing stands of which he/she is an owner, lessee, employee or controlling principal.

(f) Approvals shall be issued only to individuals.

(g) This section shall not apply to inspectors of the New York City Buildings Department or other appropriate New York City agencies.

(h) Applicants for renewal of inspector designee certificates shall provide proof of:

(1) a total of 12 months of full-time experience as an amusement device, or tent, or viewing stand safety evaluator or inspector for a public or private organization, including the evaluation of the effectiveness of safety programs; and

(2) completion of a training program recognized by the commissioner in the assembly, disassembly, repair, inspection and maintenance of amusement devices, or viewing stands or tents.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 45-1.10