# COMAR Title 09 — Maryland Department of Labor

## Subtitle 12 — Division of Labor and Industry

### Chapter 62 — Amusement Attractions Erected Permanently or Temporarily at Carnivals, Fairs, and Amusement Parks

**Authority:** Business Regulation Article, §§3-302, 3-307—3-313, Annotated Code of Maryland

**Administrative History:** Effective date: December 30, 1977 (4:27 Md. R. 2105)

**Administrative History:** Regulations .02L, .04B, .11F, and .16E and F amended effective February 14, 1983 (10:3 Md. R. 209)

**Administrative History:** Regulation .07A amended effective June 15, 1987 (14:12 Md. R. 1349)

**Administrative History:** Regulation .07D adopted effective August 26, 1985 (12:17 Md. R. 1705)

**Administrative History:** Regulation .07E adopted effective June 15, 1987 (14:12 Md. R. 1349)

**Administrative History:** Regulation .10 repealed effective August 26, 1985 (12:17 Md. R. 1705)

**Administrative History:** Regulation .11E amended effective June 15, 1987 (14:12 Md. R. 1349)

**Administrative History:** Regulations .15B and .16C amended effective August 26, 1985 (12:17 Md. R. 1705)

**Administrative History:** Regulation .16C amended effective June 15, 1987 (14:12 Md. R. 1349)

**Administrative History:** Regulation .16G adopted effective June 15, 1987 (14:12 Md. R. 1349)

**Administrative History:** Regulation .16H adopted effective June 15, 1987 (14:12 Md. R. 1349)

**Administrative History:** Regulation .18 adopted effective June 15, 1987 (14:12 Md. R. 1349)

**Administrative History:** Chapter revised effective January 23, 1989 (16:1 Md. R. 68)

**Administrative History:** Chapter revised effective May 28, 1990 (17:10 Md. R. 1219)

**Administrative History:** Regulation .04F adopted effective June 22, 1992 (19:12 Md. R. 1133)

**Administrative History:** Regulation .07 amended effective April 26, 1993 (20:8 Md. R. 723)

**Administrative History:** Regulation .08 amended effective April 26, 1993 (20:8 Md. R. 723); January 25, 1999 (26:2 Md. R. 106)

**Administrative History:** Regulation .11E amended effective November 25, 1991 (18:23 Md. R. 2487)

**Administrative History:** Regulations .01—.20, repealed and new Regulations .01—.20 adopted effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Chapter revised effective November 1, 2022 (49:21 Md. R. 951)

#### Regulation .01 Purpose.

*COMAR 09.12.62.01*

In addition to the general requirements contained in COMAR 09.12.60, this chapter establishes specific requirements 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 with the exception of challenge courses, and ropeways-aerial lifts which are provided for in COMAR 09.12.61 and inflatable amusement attractions which are provided for in COMAR 09.12.66.

#### Regulation .02 Definitions.

*COMAR 09.12.62.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “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.

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

  (3) “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.

  (4) “Design load” means the load established by the manufacturer for normal operation, with required factors of safety and design to withstand both static and dynamic loads, including dead, live, and wind loads and impact.

  (5) “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.

  (6) “Fence” means a type of barrier:

    (a) Consisting of, but not limited to, posts, boards, wire, stakes, or rails; and

    (b) Used to inhibit an individual from coming into contact with the moving portion or restricted portion of an amusement attraction.

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

  (8) “Qualified person” means a person who:

    (a) By extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the work; or

    (b) Possesses a recognized degree, certificate, or professional standing.

  (9) “Rated capacity” means a capacity:

    (a) Established by the manufacturer for the normal loading and operation of an amusement attraction; or

    (b) If the manufacturer has not established a capacity, as established by the Commissioner after inspection.

  (10) “Restraining device” means a safety belt, harness, chain, bar, or other device that affords physical support, retention, or restraint to a rider on an amusement attraction.

  (11) Rider.

    (a) “Rider” means any person who is:

      (i) Getting on an amusement attraction;

      (ii) Using an amusement attraction; or

      (iii) Getting off an amusement attraction.

    (b) “Rider” does not include employees of the amusement attraction owner while engaged in the duties of their employment.

  (12) “Safety retainer” means a secondary safety rope, bar, attachment, or other device designed to prevent parts of an amusement attraction from becoming disengaged from the mechanism or from tipping or tilting in a manner to cause hazard to a person near or riding on an amusement attraction.

#### Regulation .03 Incorporation by Reference.

*COMAR 09.12.62.03*

The ASTM International Standards on Amusement Rides and Devices, is incorporated by reference in COMAR 09.12.60.03A to the extent referenced in this chapter.

#### Regulation .04 Access, Egress, and Walking Surfaces.

*COMAR 09.12.62.04*

A. General Requirements.

  (1) All amusement attractions shall have a safe and adequate means of access and egress.

  (2) All walking surfaces, including, but not limited to, loading and unloading areas, platforms, landings, stairs, and ramps shall be stable, firm, and slip-resistant.

  (3) If there is the potential for exposure to a fall distance exceeding 30 inches, the owner shall take action to inhibit such falls.

B. Stairways, Ramps, Landings, and Platforms.

  (1) Adequate stairways, ramps, landings, and platforms shall be provided at the entrance to and exit from an amusement attraction that is above or below grade or floor level.

  (2) Stairways, landings, and ramps shall be designed and constructed using a safety factor of 5 to safely sustain the load that may be imposed on it.

  (3) Stairways and ramps shall be at least 22 inches wide.

  (4) A stairway shall be provided at entrances and exits where there is a break in elevation of 19 inches or more, and no ramp, runway, or sloped embankment is provided.

  (5) Stair treads shall be at least 10-1/2 inches deep, exclusive of nosing, and comply with the following:

    (a) The height of rise may not exceed 9 inches; and

    (b) Between any two levels, stair treads shall be of uniform depth and the risers of uniform height.

  (6) The maximum slope of any ramp may not exceed 1:12.

C. Passageways.

  (1) Passageways shall be:

    (a) At least 22 inches wide; and

    (b) Kept free of debris, obstructions, projections, and other hazards.

  (2) Surfaces shall be constructed and maintained to prevent slipping and tripping.

  (3) Floors shall be kept free of protruding nails, splinters, holes, or loose boards.

  (4) When mechanical equipment is used, appropriate guarding and sufficient safe clearances shall be maintained.

D. Handrails and Guardrails.

  (1) Regardless of width, ramps and all stairs with more than one step riser shall have, on both sides, a handrail of sufficient strength and structure to provide safe support.

  (2) Handrails shall be continuous without interruption and shall be free of any sharp or abrasive elements.

  (3) Stairways and ramps 88 inches or greater in width shall have a handrail placed approximately in the center, located not more than 4 feet from any point on the stair or ramp.

  (4) Handrails may not encroach on the clearance envelope of the amusement attraction.

  (5) When guardrails are used, they shall be capable of withstanding a load of at least 200 pounds applied in any direction at any point on the rail.

  (6) Guardrails, except for barriers, guardrails, or similar means that were originally designed and manufactured as a component of the amusement attraction, shall be of a height at least 42 inches above the surface on which persons stand.

E. Fences and Gates.

  (1) An owner shall ensure that each amusement attraction is protected in a manner sufficient to prevent the general public from coming in contact with an amusement attraction or gaining access to the path or course of the amusement attraction while the amusement attraction is in operation if such access or contact would present a hazard.

  (2) Fences and gates shall be constructed to meet the following minimum requirements:

    (a) Fences shall be designed and constructed of durable materials and erected to inhibit overturning by spectators or riders; and

    (b) Fences and gates shall be constructed as to inhibit:

      (i) Spectator contact with the amusement attraction;

      (ii) Rider contact with fences or gates; and

      (iii) Contact between a spectator and rider while the amusement attraction is in operation.

  (3) When fences and gates are provided, they shall be of a height at least 36 inches above the surface on which the spectators or riders stand.

  (4) Gates shall:

    (a) Be provided at each entrance and exit; and

    (b) Unless equipped with a positive latching or holding device, open away from the amusement attraction.

  (5) A gate shall be designed so that if opened during the operating cycle, the gate will not come in contact with the amusement attraction or cause a hazard to riders.

  (6) Replacement fences, gates, and guardrails shall comply with ASTM F 2291—04, Section 14.

#### Regulation .05 General Environment.

*COMAR 09.12.62.05*

A. The following procedures shall be implemented during a lightning or high wind storm, tornado or severe storm warning, fire, or if violence, riot, or civil disturbance occurs or threatens to occur in an amusement park, carnival lot, or fair:

  (1) The manufacturer's wind-related and weather-related restrictions shall be followed during periods of high wind or storm;

  (2) Each rider shall be unloaded or evacuated safely from the amusement attraction immediately; and

  (3) The amusement attraction shall be closed and secured immediately.

B. Illumination.

  (1) Each amusement attraction, including entrances and exits, shall be adequately illuminated to ensure rider safety.

  (2) For the assembly and disassembly of amusement attractions and temporary structures, all work areas shall be adequately illuminated to ensure public safety.

#### Regulation .06 Equipment and Materials.

*COMAR 09.12.62.06*

A. If amusement attractions use mechanical, pneumatic, or hydraulic energy, these systems shall have a means of being locked out, when necessary, for performing maintenance or inspections.

B. Pressure vessels and pressure vessel systems shall conform to the requirements of the Maryland Boiler and Pressure Vessel Safety Act, Public Safety Article, §§12-901—12-919, Annotated Code of Maryland, and COMAR 09.12.01, including the inspection requirements.

C. Hydraulic Systems.

  (1) Hydraulic systems and other related equipment used in connection with an amusement attraction shall be:

    (a) Maintained to ensure safe operation at all times;

    (b) Equipped with a relief valve;

    (c) Equipped with a manual lowering valve, if applicable; and

    (d) Inspected for leaks, damaged pipes, and worn or deteriorated hoses before each operation.

  (2) A pressure gauge shall be required for all hydraulic systems and conspicuously marked with the maximum safe working pressure.

  (3) A flexible hose shall be:

    (a) Compliant with the manufacturer's specifications;

    (b) Compatible with the fluid used in it; and

    (c) Inspected to ensure proper installation.

D. Welding. Welding, welding procedures, and welding procedure documentation shall comply with ASTM F 2291—04, Section 15.

E. Fasteners.

  (1) All fasteners shall conform to the manufacturer's specifications or accepted engineering practices.

  (2) Owners shall comply with:

    (a) The manufacturer's torque specifications and replacement schedules; or

    (b) Accepted engineering practices.

F. Machinery and Machine Guarding.

  (1) The owner shall install machine guards or apply other appropriate measures to protect persons from contact with belts, chains, pulleys, gears, and similar moving components.

  (2) Guards shall be:

    (a) Designed to perform a specific task;

    (b) Properly secured; and

    (c) Properly maintained in a condition consistent with the intent of the guards' design.

  (3) Before a guard is removed for maintenance purposes, the equipment shall be locked out or tagged out. The guard shall be replaced before normal operation is resumed.

  (4) Power transmission devices and any associated moving parts shall be shielded, enclosed, or barricaded to provide proper protection.

  (5) If it is reasonably foreseeable that parts can break free from a power transmission device, the owner shall make provisions to contain the components.

  (6) Temporary guards shall be secured to prevent movement or tip-over if a person falls or stumbles against the temporary guard.

  (7) A guard or barrier shall be designed so that it does not pose a hazard in itself.

G. Hair Guards. If it is reasonably foreseeable that a mounting on an amusement attraction can catch or entangle long hair, the amusement attraction shall be equipped with a hair guard.

H. Seating.

  (1) Tubs, cars, chairs, seats, gondolas, and other carriers used on an amusement attraction shall be designed, constructed, and maintained in accordance with this chapter and manufacturer's specifications.

  (2) Parts of an amusement attraction that riders may reasonably be expected to come in contact with shall be smooth and free from unprotected protruding studs, bolts, screws, sharp edges, and rough or splintered surfaces.

  (3) Parts on or against which a rider may be thrown by action of the amusement attraction shall be adequately padded to prevent or minimize the possibility of injury.

  (4) Upholstery and padding shall be kept in good repair and free of loose portions.

I. Safety Retaining Devices.

  (1) Safety retainers shall be provided, where possible, on tubs, cars, chairs, seats, gondolas, or other carriers that depend on a single means of attachment or support.

  (2) Safety retainers shall be designed and installed to prevent a carrier from being catapulted if it becomes disengaged from its support or attachment.

J. Restraining and Containing Devices.

  (1) A restraining or containing device, or a combination of the two, shall be provided on tubs, cars, chairs, seats, gondolas, or other carriers if:

    (a) Forces resulting from operation, mechanical malfunction, or both, may unseat or dislodge a rider;

    (b) Inadvertent movement of a rider may cause injury to the rider or another rider; or

    (c) The speed of the amusement attraction may present a hazard to a rider.

  (2) A restraining or containing device shall be designed, constructed, installed, and maintained to withstand the intended forces produced by the amusement attraction and the reasonably foreseeable actions of the rider.

  (3) Anchorage for a restraining or containing device shall have strength at least equal to the strength of the device.

  (4) A restraining or containing device:

    (a) Shall provide safe support for riders;

    (b) Shall be designed to prevent inadvertent release by a rider or by accidental means while the amusement attraction is in motion; and

    (c) May not pose a hazard in itself.

K. Speeding and Overloading.

  (1) An owner may not permit an amusement attraction to be:

    (a) Loaded beyond its rated capacity; or

    (b) Operated at an unsafe speed or at any speed other than that prescribed by the manufacturer's specifications.

  (2) Speed-Limiting Device. If the amusement attraction is capable of exceeding the maximum speed, then a speed-limiting device shall be installed and functional to ensure that the amusement attraction does not exceed the maximum prescribed speed.

L. Brake System.

  (1) The owner shall ensure that a braking system is utilized if coasting renders the operation dangerous:

    (a) During the period the amusement attraction is being loaded or unloaded;

    (b) In the case of power failure; or

    (c) In any other situation.

  (2) If the failure of the braking device results in an unsafe condition, the braking device shall be fail-safe.

  (3) If cars or other components of an amusement attraction may collide and cause personal injuries on failure of normal controls, an emergency system sufficient to prevent these collisions shall be provided.

  (4) An amusement attraction using inclined tracks, designed to operate in only one direction and having a lift hill with a vertical height exceeding 15 feet, shall have an automatic antirollback device sufficient to prevent rider-carrying units from moving backward if the propelling mechanism fails.

M. Internal Combustion Power Sources.

  (1) Internal combustion power sources shall be:

    (a) Of adequate type, design, and capacity to accommodate the design load;

    (b) Located to permit proper maintenance; and

    (c) Protected by guards, fencing, or an enclosure to prevent exposure to hazards and to secure the equipment.

  (2) Engine exhaust shall be discharged away from the public, so as not to create a hazard.

  (3) Fire extinguishers shall be placed in locations that are readily accessible and compliant with COMAR 09.12.60.12B.

  (4) Fuel Tanks.

    (a) With the exception of go-kart operations as regulated under COMAR 09.12.64.10D, an amusement attraction shall be closed down and unloaded during refueling.

    (b) Refueling shall be in an area remote from the public.

    (c) Fuel supply may not be replenished while engines are operating.

  (5) Enclosed Areas.

    (a) An enclosed area in which an internal combustion engine is operated shall be adequately ventilated.

    (b) Engine exhaust fumes shall be discharged outside the enclosed area.

#### Regulation .07 Location and Operation.

*COMAR 09.12.62.07*

A. Assembly and Disassembly.

  (1) The assembly and disassembly of an amusement attraction shall be performed:

    (a) In accordance with the manufacturer's procedures and specifications;

    (b) Using only manufacturer specified components, fasteners, and tools;

    (c) Under the immediate supervision of a person experienced and trained in the proper procedures; and

    (d) In a professional manner.

  (2) The public shall be prevented from entering areas in which amusement attractions are being assembled or disassembled.

  (3) Quality and Inspection of Parts.

    (a) During assembly, parts shall be closely inspected to discover wear or damage.

    (b) Excessively worn or damaged parts may not be used.

    (c) Replacement parts shall comply with Regulation .08F of this chapter.

    (d) Immediately after assembly, all fastening devices shall be inspected to ensure proper installation and compliance with the manufacturer's specifications.

B. Location.

  (1) Layout of the amusement attraction shall be established to ensure:

    (a) Continuous traffic patterns; and

    (b) Accessibility of emergency personnel.

  (2) Unless unavoidable, rope, wire rope, or braces used to support an amusement attraction may not be located in pedestrian traffic patterns. If this is unavoidable, the support devices shall be clearly marked with streamers or other devices to attract attention.

  (3) The area surrounding the amusement attraction shall be clear of:

    (a) Trees and shrubs, if they pose a hazard;

    (b) Trash; and

    (c) Other tripping hazards.

C. Foundation.

  (1) Temporary and Permanent Amusement Attractions.

    (a) A temporary or permanent amusement attraction shall be placed on a properly designed and constructed foundation or solid footing.

    (b) Except as provided in §C(1)(c) of this regulation, loose cement blocks, bricks, or similar type blocks may not be used as footings to support an amusement attraction.

    (c) Bricks or similar type blocks may be used on buildings for bumper cars and on platforms, cat walks, ramps, and stairs that do not bear the weight of the amusement attraction.

    (d) An amusement attraction shall be:

      (i) Set up in a manner to prevent shifting, tipping, or swaying; and

      (ii) If required by the manufacturer, secured to the foundation or footings.

    (e) Use of wood shim blocks shall be kept to a minimum, and, if used, the blocking shall be cribbed.

  (2) Temporary Amusement Attractions.

    (a) A daily inspection of an amusement attraction and its footings shall be performed while the amusement attraction is in motion as part of the daily inspection.

    (b) Depressions in the ground near an amusement attraction's footings shall be filled and tamped.

    (c) Adequate drainage shall be provided to prevent rain water from collecting and softening supporting areas.

D. Leveling and Alignment. Amusement attractions that are designed to operate on a perpendicular or horizontal axis or have a combination of orbiting planes shall be:

  (1) Level, plumb, and secured to prevent the amusement attraction from shifting or tipping; and

  (2) Stable under all operating conditions.

E. Operating Controls.

  (1) Each amusement attraction shall be provided with operating controls specifically designed to safely operate and control the amusement attraction.

  (2) Operating controls shall be located where the operator has an unobstructed view of the loading area.

  (3) Operating controls shall be provided with a stop switch that, when activated, stops the amusement attraction.

  (4) Resetting a stop switch may not automatically restart the amusement attraction.

  (5) An electrical safety stop circuit shall be a closed circuit so that, in case of power failure or malfunction of any element, the system will cause the amusement attraction to fail-safe.

  (6) After actuation of a stop, the cause shall be determined and any problem corrected before resuming operation of the amusement attraction.

  (7) Each amusement attraction shall have a means to prevent an automatic restart of the amusement attraction in the event of a power failure.

  (8) Safety stop circuits may not be bypassed during operation.

  (9) Programmable Logic Controller (PLC).

    (a) PLCs shall be designed, installed, and maintained by the amusement attraction manufacturer or a professional engineer.

    (b) Adjustments or alterations to a PLC shall be performed by the manufacturer or with the consent of the manufacturer by a professional engineer.

    (c) If the manufacturer of the PLC is no longer in business, adjustments or alterations may be performed by a professional engineer knowledgeable in PLC circuitry.

#### Regulation .08 Maintenance.

*COMAR 09.12.62.08*

A. Each owner shall read and become familiar with the contents of the manufacturer's instructions and specifications for each amusement attraction owned and operated.

B. The owner shall ensure that each amusement attraction is inspected each day before operation to ensure that:

  (1) No part is damaged, missing, or worn; and

  (2) The amusement attraction is compliant with the manufacturer's specifications.

C. The owner shall keep and maintain a manual detailing the maintenance requirements as specified by the manufacturer or professional engineer for each amusement attraction owned.

D. If for good cause an owner is unable to obtain a manufacturer's manual containing recommended maintenance procedures, the owner shall employ a licensed professional engineer to develop a maintenance manual that details the safe and appropriate maintenance of the amusement attraction.

E. Lockout Device.

  (1) A means shall be provided to lock out or secure an amusement attraction or any associated equipment from all sources or potential sources of energy before performing maintenance, repair, or inspection.

  (2) Sources or potential sources of energy include, but are not limited to, electrical, mechanical, hydraulic, spring, gravity, and wind energy.

  (3) A lockout device shall be engaged before equipment is inspected or serviced.

F. Replacement Parts.

  (1) Worn or damaged electrical components, mechanical parts and machinery shall be replaced in accordance with the manufacturer's specifications.

  (2) Replacement parts for amusement attractions shall be:

    (a) Procured from the manufacturer or an authorized parts supplier;

    (b) Produced using the original manufacturer's specifications; or

    (c) Produced using specifications derived from sufficient analysis to ensure that the parts are for equivalent functions and of equivalent quality to those provided by the original manufacturer.

G. Wire Rope.

  (1) Wire rope shall be thoroughly examined as part of the daily inspection or at intervals specified by the manufacturer.

  (2) Damaged wire rope shall be replaced with new wire rope of the design and capacity specified by the manufacturer.

  (3) Wire rope shall be replaced as specified by the manufacturer or under the following conditions:

    (a) In running ropes, when there are six randomly distributed broken wires in one rope lay, or three broken wires in one strand in one rope lay;

    (b) In pendant rope or rope that bears the entire load and is subject to constant pressure and surge shocks, when there is more than one broken wire in one rope lay;

    (c) Severe corrosion;

    (d) Kinking, crushing, bird-caging, or other damage resulting in distortion of rope structure;

    (e) Heat damage;

    (f) For ropes with the following diameters, when there is the noted reduction in diameter as follows:

      (i) For normal diameter up to and including 3/4 inch, reduction of more than 3/64 inch;

      (ii) For normal diameter of 7/8 inch to 1-1/8 inches, reduction of 1/16 inch; and

      (iii) For normal diameter of 1-1/4 inches to 1-1/2 inches, reduction of 3/32 inch; and

    (g) Noticeable rusting or broken wire near an attachment.

  (4) Wire rope used to support, suspend, bear, or control forces and weights involved in the movement and use of tubs, cars, chairs, seats, gondolas, or other carriers, the sweeps, or other supporting members of an amusement attraction may not be lengthened or repaired by splicing.

  (5) Wire rope drums, sheaves, or any mechanical device that is in contact with wire rope shall be examined daily to ensure cleanliness, lubrication, and compliance with manufacturer's specifications.

  (6) Mechanical devices used in conjunction with wire rope shall be replaced immediately when worn or showing signs of undue roughness or uneven wear.

H. Chains.

  (1) Chains used as a safety device or in a stress-bearing situation shall comply with the manufacturer's specifications or be approved for such use by a licensed professional engineer.

  (2) Noncertified chain, including, but not limited to, twisted wire or stamped tin, may not be used.

I. Articulations and Bearings. Articulating pinions, frames, sweeps, eccentrics, bearing surfaces, ball joints, and other mechanical parts shall be:

  (1) Inspected for wear, out-of-round, cracks, and other signs of deterioration;

  (2) Kept well-lubricated; and

  (3) Maintained consistent with manufacturer's specifications.

J. Wood Components.

  (1) Wood components shall be inspected daily to ensure continued safe operation of the amusement attraction.

  (2) Wood components, when found to be defective or deteriorated, shall be repaired or replaced before operating the amusement attraction.

  (3) Pilings.

    (a) To check deterioration of a piling, a minimum of 18 inches of soil, with respect to grade, shall be removed around a piling or wood member embedded in dirt for support.

    (b) After inspection, the dirt shall be replaced by tamping it into place and forming a mound to shed water away from the piling.

  (4) Ground level concrete piers shall be used when the wood piling requires replacement.

  (5) A defective wood member shall be replaced with material of equal or greater strength as specified by the manufacturer or a licensed professional engineer.

  (6) Repair and replacement of wood components as part of a fixed roller coaster shall be made in accordance with the manufacturer's specifications.

K. Nondestructive Testing (NDT).

  (1) NDT shall be conducted as recommended by the manufacturer or as required by the Commissioner.

  (2) When a manufacturer's specifications make no provisions for NDT and if the Commissioner considers it appropriate, the Commissioner may require NDT of components by an approved testing facility.

  (3) NDT Results.

    (a) NDT results shall:

      (i) List the date of the test, the amusement attraction owner, and the serial or identification number of the device;

      (ii) Be kept with the amusement attraction to the extent feasible or at a central location at the site of operation; and

      (iii) Be maintained for 1 year.

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

  (4) NDT shall be performed by a qualified NDT inspector in accordance with ASTM E 543-06.

  (5) Components found to have relevant indications that do not meet the acceptance criteria shall be replaced or reconditioned in accordance with manufacturer's specifications.

#### Regulation .09 Amusement Attraction Operating Records and Reports.

*COMAR 09.12.62.09*

A. Daily Inspection Reports.

  (1) Daily inspection reports shall be:

    (a) Signed by the person performing the inspection immediately upon completion of the inspection;

    (b) Kept with the amusement attraction or at an on-site office; and

    (c) Maintained for at least 30 days.

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

B. Daily Electrical Inspection Report.

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

  (2) A copy of the electrical inspection report shall be:

    (a) Signed by the person performing the inspection;

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

    (c) Maintained for at least 30 days; and

    (d) Provided to the Commissioner upon request.

C. NDT Results.

  (1) The owner shall maintain a copy of the NDT results if required by Regulation .18K of this chapter for a period of 1 year:

    (a) With the amusement attraction;

    (b) At an on-site office; or

    (c) Otherwise readily available.

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

D. An owner shall immediately notify the Commissioner of a major breakdown.

E. Written Log.

  (1) An owner shall ensure that a written log is:

    (a) Maintained containing any reports from riders complaining of adverse physical effects or operating inconsistencies occurring during the operation of an amusement attraction; and

    (b) Submitted to the Commissioner when multiple reports of a particular nature that may indicate a pattern are shown on the log.

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

F. Identification Records. An owner shall maintain a record of operator and attendant identification that includes the following for each operator and attendant:

  (1) Name, address, and phone number; and

  (2) Identification number, if any.

G. Record of Training.

  (1) Each owner shall:

    (a) Maintain a record of the training provided to each operator and attendant; and

    (b) Provide the Commissioner with a copy of the record of training on request.

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

    (a) The name or identification number;

    (b) A detailed description of the training provided; and

    (c) A list of all the amusement attractions for which the operator and attendant received training.

#### Regulation .10 Design Criteria.

*COMAR 09.12.62.10*

A. 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.

B. 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.

C. 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.

D. The owner of an amusement attraction subject to §C of this regulation shall provide the Commissioner with:

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

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

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

E. 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.

F. The owner of an amusement attraction subject to §E of this regulation shall provide the Commissioner with:

  (1) 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;

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

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

G. 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.

H. The owner of an amusement attraction subject to §G of this regulation shall provide the Commissioner with:

  (1) 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;

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

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

I. 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:

  (1) 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

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

J. If the manufacturer's specifications of an amusement attraction subject to §I of this regulation are unavailable for good reason, the owner shall:

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

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

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

K. Copies of all documents provided to the Commissioner shall be in English.

#### Regulation .11 Access, Egress, and Walking Surfaces.

*COMAR 09.12.62.11*

A. General Requirements.

  (1) All amusement attractions shall have a safe and adequate means of access and egress.

  (2) All walking surfaces, including, but not limited to, loading and unloading areas, platforms, landings, stairs, and ramps shall be stable, firm, and slip-resistant.

  (3) If there is the potential for exposure to a fall distance exceeding 30 inches, the owner shall take action to inhibit such falls.

B. Stairways, Ramps, Landings, and Platforms.

  (1) Adequate stairways, ramps, landings, and platforms shall be provided at the entrance to and exit from an amusement attraction that is above or below grade or floor level.

  (2) Stairways, landings, and ramps shall be designed and constructed using a safety factor of 5 to safely sustain the load that may be imposed on it.

  (3) Stairways and ramps shall be at least 22 inches wide.

  (4) A stairway shall be provided at entrances and exits where there is a break in elevation of 19 inches or more, and no ramp, runway, or sloped embankment is provided.

  (5) Stair treads shall be at least 10-1/2 inches deep, exclusive of nosing, and comply with the following:

    (a) The height of rise may not exceed 9 inches; and

    (b) Between any two levels, stair treads shall be of uniform depth and the risers of uniform height.

  (6) The maximum slope of any ramp may not exceed 1:12.

C. Passageways.

  (1) Passageways shall be:

    (a) At least 22 inches wide; and

    (b) Kept free of debris, obstructions, projections, and other hazards.

  (2) Surfaces shall be constructed and maintained to prevent slipping and tripping.

  (3) Floors shall be kept free of protruding nails, splinters, holes, or loose boards.

  (4) When mechanical equipment is used, appropriate guarding and sufficient safe clearances shall be maintained.

D. Handrails and Guardrails.

  (1) Regardless of width, ramps and all stairs with more than one step riser shall have, on both sides, a handrail of sufficient strength and structure to provide safe support.

  (2) Handrails shall be continuous without interruption and shall be free of any sharp or abrasive elements.

  (3) Stairways and ramps 88 inches or greater in width shall have a handrail placed approximately in the center, located not more than 4 feet from any point on the stair or ramp.

  (4) Handrails may not encroach on the clearance envelope of the amusement attraction.

  (5) When guardrails are used, they shall be capable of withstanding a load of at least 200 pounds applied in any direction at any point on the rail.

  (6) Guardrails, except for barriers, guardrails, or similar means that were originally designed and manufactured as a component of the amusement attraction, shall be of a height at least 42 inches above the surface on which persons stand.

E. Fences and Gates.

  (1) An owner shall ensure that each amusement attraction is protected in a manner sufficient to prevent the general public from coming in contact with an amusement attraction or gaining access to the path or course of the amusement attraction while the amusement attraction is in operation if such access or contact would present a hazard.

  (2) Fences and gates shall be constructed to meet the following minimum requirements:

    (a) Fences shall be designed and constructed of durable materials and erected to inhibit overturning by spectators or riders; and

    (b) Fences and gates shall be constructed as to inhibit:

      (i) Spectator contact with the amusement attraction;

      (ii) Rider contact with fences or gates; and

      (iii) Contact between a spectator and rider while the amusement attraction is in operation.

  (3) When fences and gates are provided, they shall be of a height at least 36 inches above the surface on which the spectators or riders stand.

  (4) Gates shall:

    (a) Be provided at each entrance and exit; and

    (b) Unless equipped with a positive latching or holding device, open away from the amusement attraction.

  (5) A gate shall be designed so that if opened during the operating cycle, the gate will not come in contact with the amusement attraction or cause a hazard to riders.

  (6) Replacement fences, gates, and guardrails shall comply with ASTM F 2291—04, Section 14.

#### Regulation .12 Signage.

*COMAR 09.12.62.12*

A. 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:

  (1) At the location specified by the manufacturer;

  (2) At the entrance of the amusement attraction; or

  (3) Close to the amusement attraction.

B. All amusement attractions shall have a sign posted indicating the height or age restriction, or both, for that amusement attraction.

C. Entrances to machinery rooms or restricted areas shall have a sign posted warning unauthorized persons not to enter.

#### Regulation .13 General Environment.

*COMAR 09.12.62.13*

A. The following procedures shall be implemented during a lightning or high wind storm, tornado or severe storm warning, fire, or if violence, riot, or civil disturbance occurs or threatens to occur in an amusement park, carnival lot, or fair:

  (1) The manufacturer's wind-related and weather-related restrictions shall be followed during periods of high wind or storm;

  (2) Each rider shall be unloaded or evacuated safely from the amusement attraction immediately; and

  (3) The amusement attraction shall be closed and secured immediately.

B. Illumination.

  (1) Each amusement attraction, including entrances and exits, shall be adequately illuminated to ensure rider safety.

  (2) For the assembly and disassembly of amusement attractions and temporary structures, all work areas shall be adequately illuminated to ensure public safety.

#### Regulation .14 Fire Protection.

*COMAR 09.12.62.14*

A. Flammable and Combustible Liquids.

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

    (a) Occupational Safety and Health Standards—29 CFR §1910.106 (OSHA); and

    (b) National Fire Protection Association (NFPA) standards adopted by the State Fire Marshal or designee or the Baltimore City Fire Prevention Bureau.

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

    (a) Reasonably cool and ventilated;

    (b) Not accessible to the public; and

    (c) At least 20 feet from an amusement attraction or other flammable material.

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

    (a) Properly identified; and

    (b) Kept at least 20 feet from an amusement attraction.

B. Fire Extinguishers.

  (1) 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.

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

    (a) Liquid storage; or

    (b) Liquid-powered amusement attraction or portable generator.

#### Regulation .15 Equipment and Materials.

*COMAR 09.12.62.15*

A. If amusement attractions use mechanical, pneumatic, or hydraulic energy, these systems shall have a means of being locked out, when necessary, for performing maintenance or inspections.

B. Pressure vessels and pressure vessel systems shall conform to the requirements of the Maryland Boiler and Pressure Vessel Safety Act, Public Safety Article, §§12-901—12-919, Annotated Code of Maryland, and COMAR 09.12.01, including the inspection requirements.

C. Hydraulic Systems.

  (1) Hydraulic systems and other related equipment used in connection with an amusement attraction shall be:

    (a) Maintained to ensure safe operation at all times;

    (b) Equipped with a relief valve;

    (c) Equipped with a manual lowering valve, if applicable; and

    (d) Inspected for leaks, damaged pipes, and worn or deteriorated hoses before each operation.

  (2) A pressure gauge shall be required for all hydraulic systems and conspicuously marked with the maximum safe working pressure.

  (3) A flexible hose shall be:

    (a) Compliant with the manufacturer's specifications;

    (b) Compatible with the fluid used in it; and

    (c) Inspected to ensure proper installation.

D. Welding. Welding, welding procedures, and welding procedure documentation shall comply with ASTM F 2291—04, Section 15.

E. Fasteners.

  (1) All fasteners shall conform to the manufacturer's specifications or accepted engineering practices.

  (2) Owners shall comply with:

    (a) The manufacturer's torque specifications and replacement schedules; or

    (b) Accepted engineering practices.

F. Machinery and Machine Guarding.

  (1) The owner shall install machine guards or apply other appropriate measures to protect persons from contact with belts, chains, pulleys, gears, and similar moving components.

  (2) Guards shall be:

    (a) Designed to perform a specific task;

    (b) Properly secured; and

    (c) Properly maintained in a condition consistent with the intent of the guards' design.

  (3) Before a guard is removed for maintenance purposes, the equipment shall be locked out or tagged out. The guard shall be replaced before normal operation is resumed.

  (4) Power transmission devices and any associated moving parts shall be shielded, enclosed, or barricaded to provide proper protection.

  (5) If it is reasonably foreseeable that parts can break free from a power transmission device, the owner shall make provisions to contain the components.

  (6) Temporary guards shall be secured to prevent movement or tip-over if a person falls or stumbles against the temporary guard.

  (7) A guard or barrier shall be designed so that it does not pose a hazard in itself.

G. Hair Guards. If it is reasonably foreseeable that a mounting on an amusement attraction can catch or entangle long hair, the amusement attraction shall be equipped with a hair guard.

H. Seating.

  (1) Tubs, cars, chairs, seats, gondolas, and other carriers used on an amusement attraction shall be designed, constructed, and maintained in accordance with this chapter and manufacturer's specifications.

  (2) Parts of an amusement attraction that riders may reasonably be expected to come in contact with shall be smooth and free from unprotected protruding studs, bolts, screws, sharp edges, and rough or splintered surfaces.

  (3) Parts on or against which a rider may be thrown by action of the amusement attraction shall be adequately padded to prevent or minimize the possibility of injury.

  (4) Upholstery and padding shall be kept in good repair and free of loose portions.

I. Safety Retaining Devices.

  (1) Safety retainers shall be provided, where possible, on tubs, cars, chairs, seats, gondolas, or other carriers that depend on a single means of attachment or support.

  (2) Safety retainers shall be designed and installed to prevent a carrier from being catapulted if it becomes disengaged from its support or attachment.

J. Restraining and Containing Devices.

  (1) A restraining or containing device, or a combination of the two, shall be provided on tubs, cars, chairs, seats, gondolas, or other carriers if:

    (a) Forces resulting from operation, mechanical malfunction, or both, may unseat or dislodge a rider;

    (b) Inadvertent movement of a rider may cause injury to the rider or another rider; or

    (c) The speed of the amusement attraction may present a hazard to a rider.

  (2) A restraining or containing device shall be designed, constructed, installed, and maintained to withstand the intended forces produced by the amusement attraction and the reasonably foreseeable actions of the rider.

  (3) Anchorage for a restraining or containing device shall have strength at least equal to the strength of the device.

  (4) A restraining or containing device:

    (a) Shall provide safe support for riders;

    (b) Shall be designed to prevent inadvertent release by a rider or by accidental means while the amusement attraction is in motion; and

    (c) May not pose a hazard in itself.

K. Speeding and Overloading.

  (1) An owner may not permit an amusement attraction to be:

    (a) Loaded beyond its rated capacity; or

    (b) Operated at an unsafe speed or at any speed other than that prescribed by the manufacturer's specifications.

  (2) Speed-Limiting Device. If the amusement attraction is capable of exceeding the maximum speed, then a speed-limiting device shall be installed and functional to ensure that the amusement attraction does not exceed the maximum prescribed speed.

L. Brake System.

  (1) The owner shall ensure that a braking system is utilized if coasting renders the operation dangerous:

    (a) During the period the amusement attraction is being loaded or unloaded;

    (b) In the case of power failure; or

    (c) In any other situation.

  (2) If the failure of the braking device results in an unsafe condition, the braking device shall be fail-safe.

  (3) If cars or other components of an amusement attraction may collide and cause personal injuries on failure of normal controls, an emergency system sufficient to prevent these collisions shall be provided.

  (4) An amusement attraction using inclined tracks, designed to operate in only one direction and having a lift hill with a vertical height exceeding 15 feet, shall have an automatic antirollback device sufficient to prevent rider-carrying units from moving backward if the propelling mechanism fails.

M. Internal Combustion Power Sources.

  (1) Internal combustion power sources shall be:

    (a) Of adequate type, design, and capacity to accommodate the design load;

    (b) Located to permit proper maintenance; and

    (c) Protected by guards, fencing, or an enclosure to prevent exposure to hazards and to secure the equipment.

  (2) Engine exhaust shall be discharged away from the public, so as not to create a hazard.

  (3) Fire extinguishers shall be placed in locations that are readily accessible and compliant with Regulation .14B of this chapter.

  (4) Fuel Tanks.

    (a) With the exception of go-kart operations as regulated under COMAR 09.12.64.10D, an amusement attraction shall be closed down and unloaded during refueling.

    (b) Refueling shall be in an area remote from the public.

    (c) Fuel supply may not be replenished while engines are operating.

  (5) Enclosed Areas.

    (a) An enclosed area in which an internal combustion engine is operated shall be adequately ventilated.

    (b) Engine exhaust fumes shall be discharged outside the enclosed area.