N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 45-1.11

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

Section 45-1.11 - Inspections

(a) Required for permit. Before a permit may be issued as provided in section 45-1.12 of this Subpart an inspection of the amusement device, viewing stand or tent shall be made in compliance with the procedures set by the commissioner. Such inspection shall have been conducted within one year prior to the permit application, unless such period shall have been extended by operation of paragraph (b)(1) of this section.

(b) Maintenance and safety schedules. The owner or lessee of a device deemed by the commissioner to normally be operated at speeds or with movements creating severe centrifugal forces shall have available for inspection such recommended maintenance and safety schedules or requirements as are supplied by the manufacturer of the device. An initial operating permit shall not be granted in the absence of these documents.

(1) Where such maintenance and safety schedules do not exist or are not available due to circumstances beyond the control of the owner or operator of an amusement device, the owner or operator shall, within six months of the discovery of the unavailability of such schedules, submit to the commissioner a proposed schedule of maintenance for that amusement device consistent with the criteria in paragraph (2) of this subdivision. The submitted schedule of maintenance shall henceforth be the schedule with which the owner or operator must comply to qualify for annual operating permits.

(2) The schedule of maintenance shall include where applicable, but not be limited to, the following:

(i) A description of the device operation including the function and operation of its major components.

(ii) A description of the designed motions of the device during operation.

(iii) A description of the procedures for installation, setup, disassembly and transportation of the device.

(iv) The recommended lubrication procedures including the types and specifications of lubricants; a drawing, chart or instruction showing the lubrication points, the frequency of lubrication and any special methods of lubrication.

(v) A description of the daily, pre-opening inspection required including identification of any special care areas and the procedure for the inspection and maintenance of such areas.

(vi) A description, including frequency, of recommended maintenance inspections and testing, other than that in subparagraph (v) of this paragraph.

(vii) The recommended wear limits or tolerances.

(viii) The recommended operational tests, including the frequency of tests, which will allow the determination whether a device is operating within recommended prescribed operational limits.

(ix) The recommended nondestructive testing along with appropriate acceptance criteria and the special parts or areas to be tested.

(x) The recommended specifications for the use of replacement fasteners, and the recommended torque requirements for fasteners, if applicable. If appropriate, precautionary information relating to the continued use of fasteners that have been loosened or retorqued.

(xi) A description of the recommended maintenance procedures for electrical components.

(xii) The schematics of hydraulic and pneumatic systems including recommended pressures, location of component line specification, fitting specification, type of fluid, location chart and troubleshooting guide.

(xiii) A description of the recommended maintenance procedures for hydraulic and pneumatic systems and components.

(xiv) The recommended procedures to be followed in an extended period of non-operation or storage.

(xv) A description of the recommended assembly and disassembly techniques and procedures pertaining to specific components, as deemed necessary.

(xvi) Any maintenance bulletins or similar documents, if available.

(3) None of the provisions contained in paragraph (1) of this subdivision shall be interpreted as to prevent the owner or operator of an amusement device from receiving an annual permit to operate such device during the proposed maintenance schedule submission and approval process provided that such owner or operator meets all the requirements for an annual operating permit.

(c) Permanent devices, viewing stands and tents.

(1) The amusement device, viewing stand or tent shall be inspected by the commissioner or his authorized representative, or in the city of New York, by the building department, at the time of application for initial permit. If applicable, subdivision (b) of this section shall be met.

(2) Thereafter, the amusement device, viewing stand or tent shall be inspected at least annually by a New York State licensed professional engineer, New York State registered architect, qualified inspector of an insurance underwriter, or an inspector approved by the commissioner pursuant to section 45-1.10 of this Subpart as a requirement for each subsequent permit. If applicable, subdivision (b) of this section shall be met and the owner or operator of such device shall have available for inspection documentation that such maintenance and testing as are called for by the device manufacturer have been performed during the term covered by the previous permit and an affidavit of annual inspection shall be filed with the commissioner. If an affidavit is not filed with the commissioner, the amusement device, viewing stand or tent shall be inspected by the commissioner or his authorized representative.

(d) Temporary devices, viewing stands and tents.

(1) Upon first entry into New York State, the amusement device, viewing stand or tent shall be inspected by the commissioner or his authorized representative, or in the city of New York, by the building department, at the time of application for initial permit. If applicable, subdivision (b) of this section shall be met.

(2) Thereafter, the amusement device, viewing stand or tent shall be inspected at least annually by a licensed architect, professional engineer, qualified inspector of an insurance underwriter, or an inspector approved by the commissioner pursuant to section 45-1.10 of this Subpart as a requirement for each subsequent permit. If applicable, subdivision (b) of this section shall be met and the owner or operator of such device shall have available for inspection documentation that such maintenance and testing as are called for by the device manufacturer have been performed during the term covered by the previous permit and an affidavit of annual inspection shall be filed with the commissioner. If an affidavit is not filed with the commissioner, the amusement device, viewing stand or tent shall be inspected by the commissioner or his authorized representative.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 45-1.11