N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 45-2.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 45-2.4 - Load tests

(a) Test required. No passenger-carrying amusement device, which meets the criteria listed below, shall be used or put into normal operation until it has withstood a load test without failure in any material respect. Load tests will not be required for slides. Prototype load tests will not be accepted.

(1) Devices having suspended passenger seats or spaces.

(2) Devices normally operated at speeds or with movements creating severe centrifugal forces.

(3) Devices so elevated that structural failure is likely to cause passengers to be injured by falling.

(4) Devices as to which the commissioner has ordered such a test upon finding it necessary to assure safety.

(b) Nature of test. Each passenger seat or space shall be weighted with at least 150 pounds dead weight, except that in a device intended only for small children each seat or space shall be weighted with at least 75 pounds. While so loaded the device shall be operated at maximum normal speed as to test the full operation of all control devices, speed-limiting devices, brakes and other equipment provided for safety.

(c) Evidence of test. Unless a load test is made in the presence of a representative of the commissioner, the manager of the device shall cause to be filed with the commissioner on a form provided by him a statement by either:

(1) the manufacturer of the device;

(2) an insurance carrier lawfully doing business in this State and carrying public liability insurance on the device; or

(3) a qualified licensed professional engineer showing whether the device withstood the test without failure in any material respect and setting forth such other relevant information as the commissioner may require. Until such a statement is so filed it shall be presumed that the device has not withstood the test as required.

(d) Effect of test. If the device fails to withstand a load test it shall be deemed unsafe and shall not be used until and unless it has withstood a subsequent load test without failure in any material respect. If the device has withstood a load test without failure in any material respect it shall be required to be so tested again only if rebuilt or modified or if there are reasonable grounds to believe that a further test is necessary to assure safety and the commissioner orders such test to be made.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 45-2.4