This chapter establishes safety standards for the installation, assembly, repair, maintenance, use, operation, disassembly, and inspection of amusement attractions permanently or temporarily erected at amusement parks, carnivals, or fairs operated in the State. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: Except in Baltimore City, the State Fire Marshal or the State Fire Marshal's designee; and In Baltimore City, the Baltimore City Fire Prevention Bureau. “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: By extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the work; or Possesses a recognized degree, certificate, or professional standing. “Rated capacity” means a capacity: Established by the manufacturer for the normal loading and operation of an amusement attraction; or If the manufacturer has not established a capacity, as established by the Commissioner after inspection. Rider. “Rider” means any person who is: Getting on an amusement attraction; Using an amusement attraction; or Getting off an amusement attraction. “Rider” does not include employees of the amusement attraction owner while engaged in the duties of their employment. “Special amusement structure” means a fun house, dark ride, glass house, walk through, haunted house, or any other similar amusement attraction. In this chapter, the following documents are incorporated by reference to the extent that they are referenced in this chapter: The ASTM International Standards on Amusement Rides and Devices: 7th Edition, F2291—04 Standard Practice for Design of Amusement Rides and Devices (2004) (ASTM F 2291—04); and The National Electrical Code, ANSI/NFPA #70-2005, which is incorporated by reference in COMAR 20.50.02.02. Each owner of an amusement attraction permanently or temporarily erected at a carnival, fair, or amusement park in the State shall: 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. In the event of a conflict between a regulation under this chapter and a manufacturer's specification, the owner shall comply with the provision that best ensures the safety of the public as determined by the Commissioner. An owner may not operate an amusement attraction unless the amusement attraction has been inspected and a certificate of inspection has been issued by the Commissioner. Annual Registration. 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. Inspection Hours. 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. Request for Inspection. 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: Immediately notify the Commissioner by telephone; and Promptly confirm the change in writing. 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: Submit all required records in compliance with Regulation .10 of this chapter; and After filing the required records, submit a request for inspection to the Commissioner at least 30 days in advance of the anticipated operation date. 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. Certificate of Inspection. A certificate of inspection shall be posted in public view on the amusement attraction for which the certificate is issued. Work Orders. 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: Grant an extension of the time allowed; or Deny a certificate of inspection. Special Amusement Structures. 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: Annually, before the start of operation in the State; and When there is a change in construction or decorative material. 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: Before operation at each location; and When there is a change in construction or decorative material. 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. Exits. 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. Information Plate. An information plate: Is required for each amusement attraction; Shall be printed in English; and Shall be designed to remain legible for the expected life of the amusement attraction. The information plate shall include the following, as applicable: Serial number, which is a manufacturer-issued or owner-issued unique identifying number; Name of the amusement attraction; Manufacturer of the amusement attraction; Date of manufacture, which is the month and year of manufacture, as determined by the manufacturer, if known; Speed, maximum, minimum, or both, revolutions per minute, feet per second, or miles per hour, as applicable; Direction of travel, if the direction of travel is essential to the safe operation of the amusement attraction; and Rated capacity. State Registration Plate. 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. Each amusement attraction shall have the information plate and State registration plate firmly attached in a readily visible location on the amusement attraction. Each individual sweep, carrier, car, tub, seat, train, kart, chair, element, or trampoline shall be individually identified by: 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). Each owner shall read and become familiar with the contents of the manufacturer's recommended operating instructions and specifications. Operation Manual. The owner shall keep and maintain a manual documenting the operating requirements. The operation manual shall address the following issues: Ride cycle time; Proper loading and unloading procedures and proper rider distribution; Procedures for responding to emergencies and extreme environmental conditions; Rider limitations, such as height, age, and rider placement; Minimum electrical power required to safely operate the amusement attraction; Minimum and maximum water flow rates, if applicable; Specific amusement attraction operational procedures consistent with the manufacturer's instructions; Specific duties and responsibilities of the operator and attendant; Maintenance requirements and procedures; Testing requirements and procedures; General safety procedures; and Preopening inspection list and preopening inspection procedures. 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. Designated Operator. 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: May not operate any amusement attraction while under the influence of drugs or alcohol; Shall know the use and function of all operating controls, signal systems, and safety devices applicable to the amusement attraction; Shall know the proper rider loading sequence, capacity, and speed of the particular amusement attraction being operated; Shall remain at the operating controls during operation; Shall have control of the amusement attraction at all times; Shall enforce applicable restrictions; and Whenever possible, shall be positioned at a location with a clear view of the rider loading and unloading areas. If a clear view under §C(4)(g) of this regulation cannot be maintained, operators or attendants shall ensure that the area is safe before operation. Operator and Attendant Identification. 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: The employee title, that is, operator or attendant; Either the name of the employee or an employee identification number; and The name of the amusement attraction company. While operating an amusement attraction, the operator or attendant shall wear the operator or attendant identification in a readily visible location. Operator and Attendant Training. 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: Specific amusement attraction operational policies and procedures consistent with the manufacturer's instructions; Specific duties and responsibilities of the operator and the attendant; Emergency procedures in the event of an abnormal condition, interruption of power, or severe environmental conditions; Instructions on general safety procedures; and Additional instructions considered necessary by the owner. 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: Name of the operator or attendant; Date of training, date of evaluation; and The identity of the person or persons performing the training or evaluation. 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. Ride Safety Supervisor. An owner shall designate a ride safety supervisor to: 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. Daily Inspection Program. 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: Inspection and testing of all rider-carrying devices, including restraint, containing devices and latches; Inspection and testing of all automatic and manual safety devices; Inspection and testing of the brakes, including service brakes, emergency brakes, parking brakes, and antirollback devices; Inspection and testing of control devices, speed-limiting devices, and other equipment provided for safety; Visual inspection of all fencing, gates, and guardrails; Visual inspection of the amusement attraction structure, blocking and supports, electrical components, and wiring; Inspection of entrances, exits, stairways, and ramps; Functional testing of all communication equipment necessary for the operation of the amusement attraction; and Before carrying riders, operation of the amusement attraction for a minimum of one complete operating cycle. 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 and Signal System. 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: Given in a manner that is clearly audible to all riders before the start of each ride cycle; and In writing in the operating manual. Coded Signals. When coded signals are necessary for operation of an amusement attraction, the code shall be printed and kept posted at both the operator and signal-person stations. All persons using coded signals shall be instructed in their use and be trained to understand thoroughly their operation and meaning. 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. Injury Reporting. Whenever a death, in-patient hospitalization, amputation, compound fracture, broken tooth, or loss of an eye occurs during the use of an amusement attraction: The person who directly controls the operation of the amusement attraction shall immediately close the amusement attraction until it has been inspected by the Commissioner; and The amusement owner shall report orally or in writing to the Commissioner within 24 hours: Date and time of the incident; Name, address, and telephone number of the injured person and parent or guardian information if the injured person is a minor; Age of the injured person; Name and manufacturer of the amusement attraction; Description of the injury; Description of events related to the incident; and Name, address, and phone number of the amusement attraction operator and attendants. 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. Injury Recording. 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: An injury that does not ordinarily require medical treatment, such as a minor burn, splinter, contusion, scratch, or cut not requiring stitches; or A diagnostic procedure, including examination and x-ray, even though provided by a physician or other licensed professional personnel. The injury log shall contain the following information: Company name; Location; Date; Certificate number; Type of amusement attraction; Nature of incident; Description of injury; Age of injured person; Last known condition of injured person, including date information obtained; and Date added to log. 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. Daily inspection reports shall be: Signed by the person performing the inspection immediately upon completion of the inspection; Kept with the amusement attraction or at an on-site office; and Maintained for at least 30 days. Copies of daily inspection reports shall be made available to the Commissioner on request. Daily Electrical Inspection Report. 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: 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 upon request. NDT Results. The owner shall maintain a copy of the NDT results if required by COMAR 09.12.62.05K for a period of 1 year: With the amusement attraction; At an on-site office; or Otherwise readily available. A copy of the NDT results shall be provided to the Commissioner on request. An owner shall immediately notify the Commissioner of a major breakdown. Written Log. An owner shall ensure that a written log is: Maintained containing any reports from riders complaining of adverse physical effects or operating inconsistencies occurring during the operation of an amusement attraction; and Submitted to the Commissioner when multiple reports of a particular nature that may indicate a pattern are shown on the log. A copy of the log shall be made available to the Commissioner upon request. Identification Records. An owner shall maintain a record of operator and attendant identification that includes the following for each operator and attendant: Name, address, and phone number; and Identification number, if any. Record of Training. Each owner shall: Maintain a record of the training provided to each operator and attendant; and Provide the Commissioner with a copy of the record of training on request. The training record shall indicate the following for each operator or attendant: The name or identification number; A detailed description of the training provided; and A list of all the amusement attractions for which the operator and attendant received training. Scope. This regulation does not apply to an amusement attraction that has operated in Maryland prior to January 2008 unless there is a major modification. Owners shall ensure that new amusement attractions and amusement attractions with major modifications that are operated in the State meet the criteria set forth in this regulation. Except as otherwise provided in this regulation, amusement attractions manufactured after January 2008 shall comply with ASTM F 2291—04 and conform to accepted engineering practices and standards. The owner of an amusement attraction subject to §C of this regulation shall provide the Commissioner with: 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. Amusement attractions that are specifically excluded from ASTM F 2291—04 and manufactured after January 2008 shall conform to recognized engineering practices, procedures, standards, and specifications. The owner of an amusement attraction subject to §E of this regulation shall provide the Commissioner with: 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. Amusement attractions that were previously registered and allowed to operate in Maryland and that have undergone a major modification subsequent to January 2008 shall be certified by a professional engineer that the modifications are consistent with accepted engineering practices and standards and ASTM F 2291—04. The owner of an amusement attraction subject to §G of this regulation shall provide the Commissioner with: 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. The owner of an existing amusement attraction manufactured before January 2008 of a particular design that had not previously operated in Maryland shall provide the Commissioner with: 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. If the manufacturer's specifications of an amusement attraction subject to §I of this regulation are unavailable for good reason, the owner shall: 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. Copies of all documents provided to the Commissioner shall be in English. When a manufacturer or the Commissioner requires a restriction on the use of an amusement attraction, such as the age or weight of a rider, a legible sign indicating the restriction shall be posted in full view of individuals seeking admission to the amusement attraction: At the location specified by the manufacturer; At the entrance of the amusement attraction; or Close to the amusement attraction. All amusement attractions shall have a sign posted indicating the height or age restriction, or both, for that amusement attraction. Entrances to machinery rooms or restricted areas shall have a sign posted warning unauthorized persons not to enter. Flammable and Combustible Liquids. An owner shall store and handle liquid petroleum gases and flammable liquids as required under the: Occupational Safety and Health Standards — 29 CFR §1910.106 (OSHA); and National Fire Protection Association (NFPA) standards adopted by the State Fire Marshal or designee or the Baltimore City Fire Prevention Bureau. Gasoline and other flammable liquids or gases shall be stored in listed and labeled containers in a location that is: Reasonably cool and ventilated; Not accessible to the public; and At least 20 feet from an amusement attraction or other flammable material. Flammable or combustible waste materials, such as oily rags, shall be stored in a covered metal container that is: Properly identified; and Kept at least 20 feet from an amusement attraction. Fire Extinguishers. 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: Liquid storage; or Liquid-powered amusement attraction or portable generator. Electrical systems, conductors, and equipment installed on or used in conjunction with amusement attractions shall comply with: 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). Each owner shall ensure that electrical systems required to operate amusement attractions be installed and maintained by a qualified person. Electrical inspections shall be performed prior to public use by the qualified person responsible for the electrical installation. A copy of the electrical inspection report shall be: 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. 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. Portable distribution or terminal boxes shall be: 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. Current Limiting Devices. 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. Wiring Methods. 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: Minimum vertical clearance of 15 feet from the road surface; and Minimum horizontal clearance of 3 feet on each side of normal vehicle passage space. 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. Amusement attractions may not be located: 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. An electrical power source, that is, a portable electrical generator, shall be: 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. 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. 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: Properly secured and protected against accidental breakage; and Capable of containing the pieces of a broken light. Power Line Clearances. 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. All contested case hearings before the Commissioner shall be governed by COMAR 09.01.02. Application for Variance. 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: The name and address of the applicant; Identification of the regulation from which the applicant seeks a variance; The location, equipment, and practices involved; A detailed statement of the applicant's reasons for requesting a variance; A statement of the steps the applicant has taken and will take, with specific dates when appropriate, to protect the public against the specific hazard covered by the regulation; and Any request for a hearing. Posting of Notice. 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 name and address of the applicant; The date on which the application was filed; Identification of the regulation from which the applicant seeks a variance; The location, equipment, and practices involved; and Notice to the public and affected employees of their right to participate in the proceeding. The notice shall be maintained until the commencement of the proceedings. Order of Variance. 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: It is evident that action is necessary to prevent undue hardship; or Existing conditions prevent practical compliance and the reasonable safety of the public can, in the opinion of the Commissioner, be ensured. 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. Modification, Revocation, and Renewal of Order of Variance. 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: Submit written data, views, or arguments regarding the proposed action; and Request a hearing on the proposal. See COMAR 09.12.61 for additional requirements based on type of amusement attraction. Business Regulation Article, §§3-204(c), 3-302, 3-307—3-313, Annotated Code of Maryland Effective date: November 1, 2022 (4921 Md. R. 951)