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Amusement Devices General Regulations

made under Section 20 of the

Amusement Devices Safety Act

R.S.N.S. 1989, c. 12

O.I.C. 2005-285 (July 8, 2005), N.S. Reg. 139/2005

as amended up to O.I.C. 2013-105 (March 28, 2013, effective April 1, 2013), N.S. Reg. 75/2013


Citation

1     These regulations may be cited as the Amusement Devices General Regulations.


Definitions

2     In these regulations,

 

                (a)    “Act” means the Amusement Devices Safety Act;

 

                (b)    “competent person” means a person that the owner has designated as being qualified to operate an amusement device based on the person’s knowledge, maturity, training and experience;

 

                (c)    “daily inspection” means the pre-opening inspection set out in CSA Standard Z267, the Safety Code for Amusement Rides and Devices, to be conducted on all licensed amusement devices by a mechanic;

 

                (d)    “directly supervised” means the person providing supervision is on site and available to assist and supervise the person requiring supervision;

 

                (e)    “mechanic” means a person who

 

                         (i)     has a working knowledge of the Act, the regulations made under the Act, and the applicable prescribed safety standards respecting the amusement device on which the mechanic is assigned to work, and

 

                         (ii)    holds a mechanic certificate issued under these regulations; and

 

                (f)    “mechanic certificate” means a certificate of competency issued under Section 11 to persons other than inspectors by the Chief Inspector.


Exclusions from the application of the Act

3     The Act does not apply to any of the following:

 

                (a)    amusement devices that are designed and used as coin-operated devices;

 

                (b)    passenger ropeways conforming to CSA Standard CAN/CSA-Z98;

 

                (c)    elevating devices conforming to CSA Standard CAN/CSA-B44;                   

 

                (d)    children’s play spaces and equipment conforming to CSA Standard [CAN/CSA-]Z614;

 

                (e)    play systems that are made of soft material and are self-contained, conforming to ASTM Standard F1918, except stand-alone air-supported structures;

 

          (g)  [(f)]  tethered amusement devices that recoil, including bungee jumps; and

 

          (h)  [(g)] hot-air balloons.


Duties of owner

4     An owner must ensure that all of the following are complied with:

 

                (a)    all required equipment, material and safeguards are maintained in good condition;

 

                (b)    an amusement device is operated by a competent person;

 

                (c)    a licensed amusement device is constructed, installed, altered, repaired, maintained, serviced and tested by a mechanic, or by a person who is directly supervised by a mechanic;

 

                (d)    a licensed amusement device is given a daily inspection by a mechanic; and

 

                (e)    a copy of the Act, the regulations made under the Act and the latest edition of the applicable prescribed safety standards are available to the mechanic and other employees and maintained in good condition in the amusement park.


Prescribed safety standards

5     (1)    Except as provided in subsection (2), an owner must ensure that all licensed amusement devices, structures and associated equipment are constructed, installed, altered, repaired, maintained, serviced, tested and inspected in accordance with the following safety standards, as amended from time-to-time, as applicable:

 

                (a)    CSA Standard [CAN/CSA-]Z267, the Safety Code for Amusement Rides and Devices including Appendices;

 

                (b)    CSA Standard [CAN/CSA-]C22.1 Canadian Electrical Code Part 1, the Safety Standards for Electrical Installations.

 

       (2)    The Chief Inspector may accept compliance with another safety standard if it provides for a level of safety equal to or greater than the level of safety provided for in the prescribed safety standard.


Authorized deviation from requirement

6     The Chief Inspector may authorize a deviation from a requirement of the Act, the regulations made under the Act or a safety standard in cases of practical difficulty or unnecessary hardship if the Chief Inspector is satisfied that reasonable safety will be assured.


Conduct of persons in or about amusement devices

7     A person must not act in, on or about an amusement device in a manner that may

 

                (a)    impair the safe operation of the amusement device; or

 

                (b)    endanger their safety or the safety of another person.


Prohibition against improper assembly or defective parts

8     A person must not use an amusement device, or permit an amusement device to be used, regardless of whether the amusement device is licensed, that is

 

                (a)    not properly assembled; or

 

                (b)    defective in any parts, components, controls or safety equipment.


Inspectors

9     (1)    Subject to subsection 11(2), an inspector appointed under the Elevators and Lifts Act is considered to have a certificate of competency to make inspections under the Act.

 

       (2)    Only an inspector described in subsection (1) is qualified to make inspections under the Act.


Mechanic[s]

10   (1)    The Chief Inspector may issue a mechanic certificate on receiving a completed application in a form approved by the Chief Inspector from an applicant, together with all of the following:

 

                (a)    documented evidence that the applicant has worked for at least 3 years constructing, installing, altering, repairing, maintaining and servicing amusement devices, for a minimum of 800 hours of work per year;

 

                (b)    an affidavit from the applicant’s employer that verifies that the applicant is competent to carry out their duties as a mechanic, including verification of any practical skills gained from technical training the applicant may have taken;

 

                (c)    proof that the applicant has successfully passed the amusement devices mechanics training courses approved by the Chief Inspector.

 

       (2)    For an applicant who constructed, installed, altered, repaired, maintained and serviced amusement devices before the date that these regulations come into force, the Chief Inspector may issue the applicant a mechanic certificate on receiving a completed application in a form approved by the Chief Inspector, together with all of the following:

 

                (a)    documented evidence satisfactory to the Chief Inspector that the applicant has been doing the work described continuously for the 3 years immediately before the date that these regulations come into force, for a minimum of 800 hours of work a year;

 

                (b)    documented evidence satisfactory to the Chief Inspector of the applicant’s practical skills and related technical training;

 

                (c)    proof that the applicant has successfully passed an amusement devices mechanics examination approved by the Chief Inspector.

 

       (3)    The Chief Inspector may issue a mechanic certificate to an out-of-Province applicant on receiving a completed application in a form approved by the Chief Inspector from the applicant, together with all of the following:

 

                (a)    documented evidence that the applicant has worked for at least 3 years constructing, installing, altering, repairing, maintaining and servicing amusement devices, for a minimum of 800 hours of work per year;

 

                (b)    documented evidence satisfactory to the Chief Inspector of the applicant’s practical skills and related technical training;

 

                (c)    proof that the applicant has successfully passed an amusement devices mechanics examination approved by the Chief Inspector.

 

       (4)    A mechanic certificate must be in a form approved by the Chief Inspector.

 

       (5)    Despite any other provision in these regulations, a mechanic certificate is not required until 12 months from the date these regulations come into force.


Term of certificate of competency

11   (1)    A mechanic certificate is valid until the expiry date provided, which may be for a term of up to 3 years from the date it is issued, unless suspended or revoked sooner.

 

       (2)    A certificate of competency that an inspector holds under subsection 9(1) continues in force for as long as the inspector continues to be appointed under the Elevators and Lifts Act and is adequately discharging their duties as an inspector.


Suspension or revocation of a certificate of competency

12   A certificate of competency may be suspended or revoked by the Chief Inspector if the holder is not adequately discharging their duties as set out in these regulations.


Renewal of mechanic certificate

13   (1)    The Chief Inspector may renew a mechanic certificate, upon receiving from the certificate holder a renewal application in the form prescribed by the Chief Inspector.

 

       (2)    The Chief Inspector may reinstate a mechanic certificate upon receiving an application from a certificate holder within the 12 months immediately following the expiry date of their certificate.

 

       (3)    If a person fails to renew their mechanic certificate or have their mechanic certificate reinstated under subsection (1) or (2), the person must apply for a new certificate in accordance with Section 10.


Licences

14   (1)    A licence is valid until the expiry date provided, which may be for a term of up to 3 years from the date it is issued, unless suspended or revoked sooner.

 

       (2)    It is a condition of each licence that an annual inspection by an inspector be conducted before the first use of the amusement device at the beginning of each season.

 

       (3)    A licence may be suspended or revoked by the Chief Inspector if the Chief Inspector believes that the licensed amusement device is being operated in violation of the Act or the regulations made under the Act.


Insurance coverage

15   (1)    An owner must hold a minimum of $1 000 000 liability insurance coverage for each amusement park.

 

       (2)    An insurer must notify the Chief Inspector immediately if insurance required under the Act or these regulations is cancelled or amended.


Licence and inspection fees

16   The fees prescribed under the Act for licences and inspections are as set out in the following table:


Licence or Inspection

Fee

Initial inspection and granting of new licence

$187.60 for first year of licence term

Licence renewal (includes annual inspection)

$125.10 for each year of licence term

Special inspections

$125.10 for each inspection

Section 16 replaced: O.I.C. 2013-105, N.S. Reg. 75/2013.