Chapter 60. Amusement Attractions — General Provisions

“Accepted engineering practice” means engineering practice that conforms to accepted principles, tests, or standards of nationally recognized technical or scientific authorities including, but not limited to, ASTM.

“ASTM” means ASTM International, originally known as the American Society for Testing and Materials.

“Attendant” means an employee assigned to assist the operator in attending to the safety needs of riders.

“Containing device” means a strap, belt, bar, gate, or other safety device designed to prevent accidental or inadvertent dislodgement of a rider from an amusement attraction, that does not provide physical support.

“Fail-safe” means a characteristic of an amusement attraction or component of an amusement attraction that is designed so that the normal and expected failure mode results in a safe condition.

“Fire official” means:

“Major breakdown” means a stoppage of operation from any cause that results in damage, failure, or breakage of a structural or stress-bearing part of an amusement attraction.

“Major modification” means any change in either the structural or operational characteristics of the amusement attraction that will alter its performance from that specified in the manufacturer's design criteria.

“Nondestructive testing (NDT)” is testing, such as radiographic, magnetic particle, ultrasonic, liquid penetrant, electromagnetic, neutron radiographic, visual, and leak testing, to detect and locate defects to assess an amusement attraction's components.

“Operator” means the person having direct control of the starting, stopping, or speed of an amusement attraction.

“Owner” has the meaning stated in Business Regulation Article, §3-101, Annotated Code of Maryland.

“Qualified person” means a person who:

“Rated capacity” means a capacity:

Rider.

“Special amusement structure” means a fun house, dark ride, glass house, walk through, haunted house, or any other similar amusement attraction.

Comply with the provisions of this chapter; and

Ensure that the manufacturer's specifications are followed in the erection, operation, maintenance, repair, and disassembly of the amusement attraction.

Annually, by April 1, each owner shall register with the Commissioner all of the existing amusement attractions that were previously issued a certificate of inspection by the Commissioner that the owner intends to operate in Maryland that year.

The owner of a new amusement attraction or an amusement attraction that was not previously registered or issued a certificate of inspection in Maryland shall register the amusement attraction with the Commissioner as soon as practical or at least 30 days before anticipated operation and shall include the documentation required in Regulation .10 of this chapter.

Amusement attraction inspections will normally be conducted during the business hours of 7 a.m. through 6 p.m., Monday through Friday, excluding holidays.

The Commissioner may schedule inspections at other times when the Commissioner determines that there are extenuating circumstances.

Each owner shall notify the Commissioner that the owner's amusement attraction is ready for inspection by submitting a completed inspection request form at least 30 days in advance of the anticipated operation date.

If there is a cancellation or change in the schedule of location or dates after initial notification, an owner shall:

If an owner is unable to provide the Commissioner with the required 30-day advance notice, the owner shall submit to the Commissioner an inspection request form along with a detailed explanation of the reason for the lack of advance notice. The Commissioner may grant the inspection request contingent upon the availability of State resources.

The owner of a new amusement attraction, an amusement attraction that has undergone a major modification, or an amusement attraction that has never received a certificate of inspection allowing it to operate in Maryland shall:

The inspection request form shall be furnished by the Commissioner.

The owner shall include with the inspection request form a certificate of insurance indicating that the owner has obtained insurance in the amount required by Business Regulation Article, §3-403, Annotated Code of Maryland.

The Commissioner may issue a work order that details required corrective action for an amusement attraction and the time allowed for abatement of each action.

If the corrective action is not completed within the time allowed, the Commissioner may:

For a special amusement structure located in an amusement park, the owner shall make a request to the fire official for the jurisdiction where the amusement attraction is located for a fire safety inspection:

For a special amusement structure located in a carnival or fair, the owner shall make a request to the fire official for the jurisdiction where the amusement attraction is located for a fire safety inspection:

A certificate of inspection issued by the Commissioner is valid for the amusement attraction only and does not address fire safety issues that may be required by the local fire official.

At least two exits remote from each other shall be provided for each floor, tier, room, or balcony in a structure that contains an amusement attraction.

An exit may not be less than 22 inches wide.

An information plate:

The information plate shall include the following, as applicable:

The Commissioner shall issue a State registration number and State registration plate to each registered amusement attraction.

If the registration number is no longer legible, the owner shall notify the Commissioner for issuance of a replacement State registration plate.

Numbers (e.g. sweep 1, carrier 2, seat 3); or

Letters or names (e.g. train B, car C, seat 1); or

Color if only be used once per attraction (e.g. blue tub, seat 3).

The owner shall keep and maintain a manual documenting the operating requirements.

The operation manual shall address the following issues:

The manual shall be kept on location with the amusement attraction or otherwise readily available.

A copy of the manual, in English, shall be provided to the Commissioner on request.

The owner shall ensure that all operators adhere to the provisions of the applicable operator’s manual.

The owner shall ensure each amusement attraction is under the direct control of an operator with training specific to that amusement attraction.

An operator shall operate only one amusement attraction at a time.

When the amusement attraction is not in operation, the owner shall prevent operation by any unauthorized person.

An operator:

An owner shall issue to each operator and attendant identification, such as a uniform or badge that clearly identifies the person as an operator or attendant.

Before issuing any identification, the owner shall train the employee in accordance with §F of this regulation.

The identification shall clearly indicate the following:

While operating an amusement attraction, the operator or attendant shall wear the operator or attendant identification in a readily visible location.

The owner shall provide training for each operator and attendant of an amusement attraction.

Operator and attendant training shall include, but not be limited to, the items specified in §§C(4) and D of this regulation.

Operators and attendants shall be trained in the following:

As part of the training, the owner shall observe each operator's and attendant's ability to operate an amusement attraction safely, as demonstrated by the successful completion of the requirements of this section.

The owner shall document that each operator and attendant has been trained and evaluated as required by this regulation with the following:

The owner shall provide periodic refresher training, including an evaluation of the effectiveness of that training.

The owner shall document the refresher training for each operator and attendant with the information set forth in §F(5) of this regulation.

Monitor amusement attraction operations at all times when in operation; and

Ensure that the amusement attractions are operated safely and in accordance with this chapter.

The owner shall ensure that each amusement attraction is inspected and tested each day before operation, with a daily preopening inspection program under §H(2) of this regulation.

The daily preopening inspection program shall include, but not be limited to, the following:

A copy of the daily preopening inspection shall be provided to the Commissioner on request.

Worn and damaged components shall be repaired or replaced immediately and before operation.

Voice communication or a signal system, or both, shall be provided if the operator does not have a clear view of the area where riders are loaded or unloaded.

For amusement attractions that require a spoken message of instruction or warning prior to operation, the message shall be:

Coded Signals.

Signals for the movement or operation of an amusement attraction may not be given until all riders, operators, and other persons who may be endangered are in a position of safety.

Voice communication and signal systems shall be tested daily before operation as part of the daily inspection program.

An amusement attraction requiring voice communication or a signal system, or both, may be operated only if the system is functioning properly.

Whenever a death, in-patient hospitalization, amputation, compound fracture, broken tooth, or loss of an eye occurs during the use of an amusement attraction:

If an owner is unaware of the condition of a member of the public injured during the operation of an amusement attraction who was transported away from the premises by an emergency response vehicle, the owner shall report verbally to the Commissioner within 24 hours the information required in §A(1)(b) of this regulation.

In addition to the reporting requirements of §A of this regulation, all owners shall maintain an injury log of all injuries to the public that occur during use of amusement attractions that require medical treatment by a physician other than one-time first aid and does not include:

The injury log shall contain the following information:

Each injury required under this section and §A of this regulation, shall be recorded on the injury log within 7 calendar days and updated as additional required information becomes available.

A copy of a sample injury log is available on the Department’s webpage.

An owner shall maintain injury logs on a calendar year basis beginning January 1, 2023.

Beginning January 1, 2024, an owner shall certify the completeness and accuracy of the information contained on the injury log by January 15 of the following calendar year.

Beginning January 1, 2023, an owner shall provide access to prior years’, and the portion completed for the current year, injury log to the Commissioner.

Each owner shall maintain, and make available for inspection by the Commissioner, an injury log for 5 years.

Daily inspection reports shall be:

Copies of daily inspection reports shall be made available to the Commissioner on request.

The owner shall ensure that a qualified person performs an inspection of the electrical system each day before operation.

A copy of the electrical inspection report shall be:

The owner shall maintain a copy of the NDT results if required by COMAR 09.12.62.05K for a period of 1 year:

A copy of the NDT results shall be provided to the Commissioner on request.

An owner shall ensure that a written log is:

A copy of the log shall be made available to the Commissioner upon request.

Name, address, and phone number; and

Identification number, if any.

Each owner shall:

The training record shall indicate the following for each operator or attendant:

A copy of the operations and maintenance manuals, assembly instructions, and testing requirements;

Certification records from the manufacturer or a licensed professional engineer verifying that the amusement attraction is compliant with ASTM F 2291—04; and

If requested, general design criteria as outlined in ASTM F 2291—04, Section 5.

Certification from a licensed professional engineer verifying that design data specific to the amusement attraction, including, but not limited to, stress analysis and safety factors along with the materials and components being used, are structurally sound and conform to recognized engineering practices, procedures, standards, and specifications;

A copy of the manufacturer's operating specifications, maintenance manuals, assembly instructions, and testing requirements; and

If requested, other pertinent data considered necessary by the Commissioner.

Certification from a licensed professional engineer verifying that design data specific to the amusement attraction, including, but not limited to, stress analysis and safety factors along with the materials and components being used, are structurally sound and conform to recognized engineering practices, procedures, standards, and specifications;

A copy of the manufacturer's operating specifications, maintenance manuals, assembly instructions, and testing requirements; and

If requested, other pertinent data considered necessary by the Commissioner.

Certification records from a licensed professional engineer verifying that the amusement attraction and the materials and components being used are structurally sound and conform to recognized engineering practices, procedures, standards, and specifications; and

A copy of the manufacturer's operating specifications, maintenance manuals, assembly instructions, and testing requirements.

Develop specifications that ensure safe assembly, operation, repair, maintenance, testing, and disassembly of the amusement attraction;

Employ a licensed professional engineer to certify that the specifications are consistent with accepted engineering practices and standards and ASTM F 2291—04; and

If requested, provide other pertinent data considered necessary by the Commissioner.

At the location specified by the manufacturer;

At the entrance of the amusement attraction; or

Close to the amusement attraction.

An owner shall store and handle liquid petroleum gases and flammable liquids as required under the:

Gasoline and other flammable liquids or gases shall be stored in listed and labeled containers in a location that is:

Flammable or combustible waste materials, such as oily rags, shall be stored in a covered metal container that is:

An owner shall provide at least one portable fire extinguisher having an ABC rating, as defined by the National Electrical Code, ANSI/NFPA #70, of not less than 10 pound capacity.

The fire extinguisher shall be located not less than 25 feet, or more than 75 feet, from any flammable or combustible:

The National Electrical Code, National Fire Protection Association 70 in effect at the time of the manufacture of the amusement attraction; or

At a minimum, the National Fire Protection Association 70 (1987).

Signed by the person performing the inspection;

Kept with the amusement attraction or at an on-site office;

Maintained for at least 30 days; and

Provided to the Commissioner on request.

Equipment grounding and bonding shall comply with the National Electrical Code.

The continuity of the grounding conductor system shall be verified as part of the daily preopening electrical inspection.

The neutral and equipment safety grounding conductors shall be continuous and separate throughout the entire system.

Separate steel tracks or steel framework, such as roller coaster tracks or large slides, shall have grounding in accordance with Article 250 of the National Electrical Code.

Designed so that no live parts are exposed to accidental contact;

Of weatherproof construction and mounted so that the bottom of the box is not less than 6 inches above ground; and

Protected against access from the general public and other unauthorized personnel.

A conductor shall be fused or protected to its current carrying capacity.

A fuse or current limiting device may not be installed in neutral or grounding conductors.

Motors and lighting circuits shall be fused separately.

Each fuse or current limiting device shall be installed in accordance with the National Electrical Code.

Where flexible cords or cables are used, they shall be listed for extra hard usage.

Where flexible cords or cables are used and are not subject to physical damage, they shall be permitted to be listed for hard usage.

An elevated power line crossing a road within a carnival, fair, or amusement park shall be suspended to provide:

A flexible cord shall be connected to devices and fittings sufficient to ensure that tension of the cord is not transmitted to connectors or terminals.

Flexible cords or cables shall be continuous without splice or tap between boxes or fittings.

Cord connectors may not be laid on the ground unless listed for wet locations.

Less than 15 feet in any direction from overhead conductors operating at 600 volts or less, except for the conductors supplying the amusement attraction; or

Under or within 15 feet of horizontal conductors operating in excess of 600 volts.

Positioned in a manner to permit proper maintenance; and

Protected by either fencing or a secure enclosure to prevent public access and exposure to hazard.

Collector rings and brush assemblies shall be sized to accommodate the rated load.

A grounding collector ring or device capable of carrying the sum of the over-current devices feeding the slip ring set shall be provided.

Lighting systems shall be kept in good repair and protected against accidental contact and, if possible, breakage.

All fluorescent lighting systems that are connected to moving components of an amusement attraction or within 7 feet, 6 inches, of a rider or spectator shall be:

Power line clearances shall comply with the National Electrical Code, ANSI/NFPA #70, Article 525.5—2005.

Amusement attractions may not be erected within 15 feet in any direction of overhead conductors operating at 600 volts or less.

Amusement attractions may not be erected under or within 15 feet horizontally of conductors operating in excess of 600 volts.

An affected owner may apply to the Commissioner for a variance from any regulation adopted under Business Regulation Article, Title 3, Annotated Code of Maryland.

An application for variance shall be in writing and shall include:

Immediately on filing a request for a variance pursuant to Business Regulation Article, §3-314, Annotated Code of Maryland, an applicant shall post notice of the application at the place or places where a certificate of inspection is required to be posted.

The notice shall include:

The notice shall be maintained until the commencement of the proceedings.

After investigation, on-site inspection, and such hearing as the Commissioner may direct, the Commissioner may grant a variance from a regulation under this chapter if:

An order of variance may require such special conditions as are reasonably necessary to ensure public safety.

A declaration, act, or omission of the Commissioner or the Commissioner's authorized representative, other than a written order authorizing a variance as permitted above, may not be construed to exempt, either wholly or in part, expressly or implicitly, any owner from full compliance with the terms of any regulation under this chapter.

The Commissioner may modify, revoke, or renew an order of variance in the same manner prescribed for the issuance of an order of variance.

An order of variance may not be modified or revoked unless affected parties are informed of the proposed action and afforded an opportunity to: