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Part II .

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Amusement Devices General Regulations

made under

Section 20 of the

Amusement Devices Safety Act

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

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

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 72/2015

Citation

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

Definitions

2 In these regulations,

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

(b) “competent person” means a person that the owner has designated as being

qualified to operate an amusement device based on the person’s knowledge,

maturity, training and experience;

(c) “daily inspection” means the pre-opening inspection set out in CSA Standard

Z267, the Safety Code for Amusement Rides and Devices , to be conducted on

all licensed amusement devices by a mechanic;

(d) “directly supervised” means the person providing supervision is on site and

available to assist and supervise the person requiring supervision;

(e) “mechanic” means a person who

(

i) has a working knowledge of the Act, the regulations made under the Act,

and the applicable prescribed safety standards respecting the amusement

device on which the mechanic is assigned to work, and

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

(f) “mechanic certificate” means a certificate of competency issued under

Section

11 to persons other than inspectors by the Chief Inspector.

Exclusions from the application of the Act

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

(

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

(

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

(

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

(

d) children’s play spaces and equipment conforming to CSA Standard

[CAN/CSA-]Z614;

(

e) play systems that are made of soft material and are self-contained, conforming

to ASTM Standard F1918, except stand-alone air-supported structures;

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

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

Duties of owner

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

(

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

condition;

(

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

(

c) a licensed amusement device is constructed, installed, altered, repaired,

maintained, serviced and tested by a mechanic, or by a person who is directly

supervised by a mechanic;

(

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

(

e) a copy of the Act, the regulations made under the Act and the latest edition of

the applicable prescribed safety standards are available to the mechanic and

other employees and maintained in good condition in the amusement park.

Prescribed safety standards

(1) Except as provided in subsection (2), an owner must ensure that all licensed

amusement devices, structures and associated equipment are constructed, installed,

altered, repaired, maintained, serviced, tested and inspected in accordance with the

following safety standards, as amended from time-to-time, as applicable:

(

a) CSA Standard [CAN/CSA-]Z267, the Safety Code for Amusement Rides and

Devices including Appendices;

(

b) CSA Standard [CAN/CSA-]C22.1 Canadian Electrical Code

Part 1, the Safety

Standards for Electrical Installations .

(2) The Chief Inspector may accept compliance with another safety standard if it

provides for a level of safety equal to or greater than the level of safety provided for

in the prescribed safety standard.

Authorized deviation from requirement

6 The Chief Inspector may authorize a deviation from a requirement of the Act, the

regulations made under the Act or a safety standard in cases of practical difficulty or

unnecessary hardship if the Chief Inspector is satisfied that reasonable safety will be

assured.

Conduct of persons in or about amusement devices

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

(

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

(

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

Prohibition against improper assembly or defective parts

8 A person must not use an amusement device, or permit an amusement device to be used,

regardless of whether the amusement device is licensed, that is

(

a) not properly assembled; or

(

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

Inspectors

(1) Subject to subsection 11(2), an inspector appointed under the Elevators and Lifts Act

is considered to have a certificate of competency to make inspections under the Act.

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

the Act.

Mechanic[s]

(1) The Chief Inspector may issue a mechanic certificate on receiving a completed

application in a form approved by the Chief Inspector from an applicant, together

with all of the following:

(

a) documented evidence that the applicant has worked for at least 3 years

constructing, installing, altering, repairing, maintaining and servicing

amusement devices, for a minimum of 800 hours of work per year;

(

b) an affidavit from the applicant’s employer that verifies that the applicant is

competent to carry out their duties as a mechanic, including verification of any

practical skills gained from technical training the applicant may have taken;

(

c) proof that the applicant has successfully passed the amusement devices

mechanics training courses approved by the Chief Inspector.

(2) For an applicant who constructed, installed, altered, repaired, maintained and

serviced amusement devices before the date that these regulations come into force,

the Chief Inspector may issue the applicant a mechanic certificate on receiving a

completed application in a form approved by the Chief Inspector, together with all of

the following:

(

a) documented evidence satisfactory to the Chief Inspector that the applicant has

been doing the work described continuously for the 3 years immediately before

the date that these regulations come into force, for a minimum of 800 hours of

work a year;

(

b) documented evidence satisfactory to the Chief Inspector of the applicant’s

practical skills and related technical training;

(

c) proof that the applicant has successfully passed an amusement devices

mechanics examination approved by the Chief Inspector.

(3) The Chief Inspector may issue a mechanic certificate to an out-of-Province applicant

on receiving a completed application in a form approved by the Chief Inspector from

the applicant, together with all of the following:

(

a) documented evidence that the applicant has worked for at least 3 years

constructing, installing, altering, repairing, maintaining and servicing

amusement devices, for a minimum of 800 hours of work per year;

(

b) documented evidence satisfactory to the Chief Inspector of the applicant’s

practical skills and related technical training;

(

c) proof that the applicant has successfully passed an amusement devices

mechanics examination approved by the Chief Inspector.

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

(5) Despite any other provision in these regulations, a mechanic certificate is not

required until 12 months from the date these regulations come into force.

Term of certificate of competency

(1) A mechanic certificate is valid until the expiry date provided, which may be for a

term of up to 3 years from the date it is issued, unless suspended or revoked sooner.

(2) A certificate of competency that an inspector holds under subsection 9(1) continues

in force for as long as the inspector continues to be appointed under the Elevators

and Lifts Act and is adequately discharging their duties as an inspector.

Suspension or revocation of a certificate of competency

12 A certificate of competency may be suspended or revoked by the Chief Inspector if the

holder is not adequately discharging their duties as set out in these regulations.

Renewal of mechanic certificate

(1) The Chief Inspector may renew a mechanic certificate, upon receiving from the

certificate holder a renewal application in the form prescribed by the Chief

Inspector.

(2) The Chief Inspector may reinstate a mechanic certificate upon receiving an

application from a certificate holder within the 12 months immediately following the

expiry date of their certificate.

(3) If a person fails to renew their mechanic certificate or have their mechanic certificate

reinstated under subsection (1) or (2), the person must apply for a new certificate in

accordance with

Section 10.

Licences

(1) A licence is valid until the expiry date provided, which may be for a term of up to 3

years from the date it is issued, unless suspended or revoked sooner.

(2) It is a condition of each licence that an annual inspection by an inspector be

conducted before the first use of the amusement device at the beginning of each

season.

(3) A licence may be suspended or revoked by the Chief Inspector if the Chief Inspector

believes that the licensed amusement device is being operated in violation of the Act

or the regulations made under the Act.

Insurance coverage

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

amusement park.

(2) An insurer must notify the Chief Inspector immediately if insurance required under

the Act or these regulations is cancelled or amended.

Licence and inspection fees

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

following table:

Licence or Inspection

Fee

Initial inspection and granting of new licence

$193.25 for first year of licence term

Licence renewal (includes annual inspection)

$128.85 for each year of licence term

Special inspections

$128.85 for each inspection

Section 16 replaced: O.I.C. 2015-96, N.S. Reg. 72/2015.