Current through Register Vol. 56, No. 18, September 16, 2024
(a) An annual
permit shall be issued for the current calendar year or for a period of one
year from the expiration of the last permit. No amusement ride shall be
operated without a current, valid annual permit, except when:
1. The ride has a valid annual permit from
the prior year, the owner of the ride has applied for an annual permit in the
current year, there are no outstanding orders against the ride, all required
documentation and fees have been received, reviewed, and accepted, and an
annual inspection by the Department has been requested for a date prior to
operation, but the Department cannot accommodate that request and a later date
is scheduled. The Department may refuse to allow an owner to operate on the
prior year permit where there may be conditions that affect the safety of the
ride, such as outstanding manufacturer's bulletins, known or suspected damage
to the ride, or an accident or incident involving a ride of the same type. In
such cases, it shall be the Department's responsibility to notify the owner in
writing that they may not operate on the prior year permit; or
2. An application for an annual permit for
the ride has been submitted in the current year, there are no outstanding
orders against the ride, all required documentation and fees have been
received, reviewed, and accepted, and the ride has passed an annual inspection
by the Department, but the operator has not received the permit.
(b) Where a permit is issued
pursuant to a temporary type certification/amended type certification or a
temporary individual approval/supplemental modification certification, the
permit shall only be valid for the period that the temporary type
certification/amended type certification or a temporary individual
approval/supplemental modification certification remains valid.
(c) Not less than 30 days before commencing
operations and in each year thereafter, on a form supplied by the Department,
an owner shall apply for an annual permit to place the ride in use.
(d) Each application for an annual permit
shall include:
1. A certificate of insurance,
bond, or other security demonstrating compliance with
5:14A-2.9;
2. Payment of the appropriate fee, as
provided in
5:14A-2.8. A check shall be made
payable to "Treasurer, State of New Jersey"; and
3. The name and address for official
correspondence, pursuant to
5:14A-4.15.
(e) For rides with a New Jersey serial
number, an application for an annual permit shall contain the following
information and shall be submitted on a form provided by the Department.
1. The required proof of insurance and
fee;
2. Documentation of required
non-destructive testing performed during the past year, if completed.
Documentation of required non-destructive testing not yet completed at the time
of application shall be provided at the time of inspection;
3. For an application to be complete and
acceptable, there shall be no outstanding documentation required from previous
years; and there shall be no outstanding violations; and
4. The name and address for official
correspondence, pursuant to
5:14A-4.15.
(f) For rides without a New Jersey serial
number:
1. An application for an annual
permit shall include the following information and shall be submitted on a form
provided by the Department:
i. Required proof
of insurance and fee, as stated in (d) above;
ii. Type certification/amended type
certification number or individual approval/supplemental modification
certification;
iii. Certification
of the fabrication of the ride. (Certification of weld integrity shall be
acceptable for a used ride, when the ride manufacturer does not provide a
certification of fabrication.);
iv.
A copy of certification that the manufacturer has tested the ride in accordance
with ASTM F 1193 and determined that the ride is satisfactory. (Certification
of testing from the ride owner shall be acceptable for a used ride, when the
ride manufacturer does not provide a certificate.);
v. Certification of training;
vi. The name and address for official
correspondence, pursuant to
5:14A-4.15; and
vii. For rides sited on foundation(s) or a
separate structure, applicable documentation of
5:14A-2.13, Foundations for and
siting of rides at fixed locations.
2. There shall be no outstanding
documentation required from previous years and there shall be no outstanding
violations.
3. When the
Department's review determines that the ride information is complete and
accepted, a New Jersey serial number shall be assigned, the annual permit shall
be printed, and the annual permit and a New Jersey serial number plate shall be
sent via first class mail to the owner at the address of record.
(g) Within 30 calendar days of
receipt a complete and accepted application, the Department shall send to the
applicant either a notification of approval or denial of the permit
application.
1. The denial shall be in writing
and shall outline the reason(s) for such denial.
2. Failure to issue a determination within 30
calendar days of submission of a complete application shall be deemed a denial
for the purpose of appeal.
(h) The annual permit issued by the
Department shall be continuously displayed in the vicinity of the entrance to
the ride or where the inspector affixed it. The permit shall be encased in such
a manner as to be protected from weather conditions.
(i) A duplicate plate may be obtained from
the Department at a cost of $ 100.00 for each plate.
(j) A duplicate permit may be obtained from
the Department at a cost of $ 20.00 for each permit.
(k) A ride for which no foundation is
required may be moved during the season without obtaining a new annual permit.
In this case, the owner shall notify the Department of the move. The ride shall
be required to be inspected prior to being put back into use. Rides that are to
be located on another structure shall comply with the siting requirements of
5:14A-2.13.
(l) When a ride for which a
foundation is required is moved, it shall comply with the fixed site
requirements of
5:14A-2.13 and shall obtain a new
annual permit pursuant to this section.
