Neb. Admin. Code tit. 228 — Amusement Ride Act

Chapter 1 Nebraska Amusement Ride Act Definitions

Neb. Admin. Code tit. 228, ch. 1 Nebraska Amusement Ride Act Definitions {#sec-228-nac-1 omnilex-key=us-ne-regs-official--title-228--228 NAC 1}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-1803.

002. "Annual inspection" is an official inspection made by a qualified inspector before the amusement ride may be permitted to operate in Nebraska.

003. “Department” shall mean the Nebraska department of labor.

004. “Qualified Inspector” shall mean any person certified by the commissioner under Neb. Rev. Stat. §48-1802 who also meets the requirements of 228 NAC 2.

005. "Reinspection" is an inspection, other than the annual inspection, made as a result of a major alteration, major breakdown, or for any cause which may be deemed necessary by the commissioner.

006. "Spot inspection" is an inspection, other than the annual inspection or reinspection, that may be made by the department or designee of any amusement ride at any time that is operating or that is setting up to operate in Nebraska. Upon discovery of a hazardous or unsafe condition, a temporary suspension of the operating permit will occur. The amusement ride shall not be allowed to be operated until a reinspection by a qualified inspector is performed. No inspection fee shall be charged for a spot inspection.

History

• Effective 2019-05-06

Chapter 2 Qualified Inspector Requirements

Neb. Admin. Code tit. 228, ch. 2 Qualified Inspector Requirements {#sec-228-nac-2 omnilex-key=us-ne-regs-official--title-228--228 NAC 2}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-1802 and 48-1803.

002. In order for a person to be found by the commissioner to possess the requisite training and experience to perform competently the inspections required by the Nebraska Amusement Ride Act, he or she must annually apply on a form designated by the commissioner and establish the following:

He or she is certified by either the National Association of Amusement Ride Safety Officials (NAARSO) to have and maintain at least a level II certification or the Amusement Industry Manufacturers & Suppliers, International (AIMS) to have and maintain at least a level II, Certified Ride Inspector certification.

003. If a qualified inspector loses his or her certification required in (002)(A) of this chapter, the qualified inspector shall notify the department immediately. Upon loss of certification, the inspector is no longer considered qualified to conduct inspection for Nebraska.

004. After the inspector is no longer consider a qualified inspector in Nebraska, he or she must reapply for this designation with the department.

History

• Effective 2019-05-06

Chapter 3 Permit Requirements

Neb. Admin. Code tit. 228, ch. 3 Permit Requirements {#sec-228-nac-3 omnilex-key=us-ne-regs-official--title-228--228 NAC 3}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-1803.

002. No amusement device or ride shall be operated in this state without a current Nebraska permit (permit) having been issued by the commissioner to an owner of such equipment.

003. Each year an owner or operator shall annually apply to the department for a permit on a form furnished by the department and containing such information as the department may require at least fifteen (15) days prior to its operation in the State of Nebraska during a calendar year.

004. An application for a permit shall include:

A. Completed Application for Amusement Ride Operating Permit;

B. A completed Nebraska Amusement Ride Inspection Report signed by a qualified inspector, to include a state inspection checklist as designated by the commissioner;

C. Current certificate of insurance written by an insurance company authorized to do business in Nebraska with at least one (1) million dollars minimum liability coverage; and

D. Permit fee of fifty dollars ($50) per ride.

005. The ride owner or operator shall affix the permit issued by the department to a basic structure of the ride readily accessible to the public.

006. Upon the sale or transfer of a permitted amusement ride the current permit holder shall notify the department in writing within five (5) working days of such transaction and provide information concerning the recipient. The permit shall be removed or obliterated before the ride is sold or transferred by the permit holder. The new owner shall comply with the inspection/permit process as outlined in this rule. A permit is not transferable.

007. A renovation of an amusement ride that changes the dynamics or control system of the ride shall require a reinspection by a qualified amusement ride inspector before being operated in Nebraska.

008. Any inspection required pursuant to the Nebraska Amusement Ride Safety Act shall be conducted at a minimum to meet the manufacturer’s or engineer’s specifications and to follow the applicable national standards including American Society for Testing and Materials (ASTM) Standards on Amusement Rides and Devices 8th edition.

009. Should an owner/operator contract and/or book with more than one carnival, fair, or amusement park within a season which reflects a change and/or elimination of their liability insurance coverage, they will be required to obtain new permits for each booking prior to operation. Such changes will include an insurance company suspending, canceling, and/or a policy expiring as contained under Chapter 7. It is the responsibility of the owner/operator to notify the department whenever it becomes necessary to obtain new permits. Owner/operator(s) that relocate their rides by booking on with each other to operate rides in different locations must verify in writing proof of insurance specifying each ride/device covered by insurance. Should proof of insurance not be made available to the commissioner and/or his/her designee, permits to operate shall be immediately revoked.

010. The commissioner may waive the requirement that an application for a permit must be filed fifteen (15) days prior to operation in Nebraska, if the applicant gives satisfactory proof to the commissioner that he or she could not reasonably comply with the date requirement and if the applicant immediately applies for a permit after the need for a permit is first determined.

011. For the purpose of determining if an amusement ride is in safe operating condition and will provide protection to the public using such ride or device, each amusement ride shall be inspected by a qualified inspector before it is initially placed in operation in Nebraska and shall thereafter be inspected at least once each year as required by Neb. Rev. Stat. §48-1804.

012. It is the obligation of each owner/operator to review and know the contents of Nebraska's rules and regulations pertaining to amusement rides prior to operating a mechanized ride or device.

History

• Effective 2019-05-06

Chapter 4 Itinerary Required

Neb. Admin. Code tit. 228, ch. 4 Itinerary Required {#sec-228-nac-4 omnilex-key=us-ne-regs-official--title-228--228 NAC 4}

001 . This chapter is adopted pursuant to Neb. Rev. Stat. §48-1803.

002 . The owner of a traveling amusement ride(s) shall file with the department an annual event itinerary on a department form indicating the information listed below at least fourteen (15) days prior to the first scheduled setup or within five (5) days when cancellations or additional locations occur:

(A) Name of amusement ride owner/company;

(B) Name of carnival, fair, or activity sponsor;

(C) Address and telephone number of the site or event sponsor;

(D) Event date(s) open to the public;

(E) Date of setup; and

(F) Name of the amusement ride company person on-site

History

• Effective 2019-05-06

Chapter 5 Permit and Inspection Fees

Neb. Admin. Code tit. 228, ch. 5 Permit and Inspection Fees {#sec-228-nac-5 omnilex-key=us-ne-regs-official--title-228--228 NAC 5}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-1803.

002. Annual permit and inspection fees under this chapter shall be as follows:

Operational permit fees shall be fifty dollars ($50.00) for each permit for each amusement ride and bungee jumping operation.

003. All fees collected by the commissioner under the provisions of this chapter shall be transmitted to the state treasurer and credited to the Mechanical Safety Inspection Fund and shall be used for the sole purpose of administering the provisions of the Nebraska Amusement Ride Act. Any money available for investment shall be invested by the state investment officer. Checks for these fees shall be made payable to the Nebraska department of labor/amusement and mailed to the department of labor, P.O. Box 95024, Lincoln, Nebraska 68509.

004. The department is authorized:

A. To enter without delay and at reasonable times any assembly area or other area where amusement rides and amusement devices are being assembled or are in use.

B. To inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and within a reasonable manner, any such place of amusement, and to question privately any operator or employee.

005. Reinspections may be made by a qualified inspector at the request of an owner/operator and/or as determined necessary by the commissioner.

006. Suspension of permit to operate.

The commissioner may suspend the permit to operate of an owner/operator for an amusement ride determined after inspection to be hazardous or unsafe, a breakdown or malfunction of an amusement ride that has directly caused serious injury or death of any person, misrepresentation of material information required as part of the application for permit to operate, failure to comply with an order issued pursuant to paragraph (006)(B) of 228 NAC 6, disregard of public safety and welfare, lapsing of the required insurance coverage, or failure to pay fees that are required under the provisions of the Nebraska Amusement Ride Act and this chapter.

History

• Effective 2019-05-06

Chapter 6 Cessation Order

Neb. Admin. Code tit. 228, ch. 6 Cessation Order {#sec-228-nac-6 omnilex-key=us-ne-regs-official--title-228--228 NAC 6}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-1803.

002. The commissioner may order, in writing, a temporary cessation of operation of any amusement ride or related electrical equipment if it has been determined after inspection and/or observation to be hazardous or unsafe.

003. Operation of the amusement ride or related electrical equipment shall not resume until the unsafe or hazardous condition is corrected to the satisfaction of the commissioner.

004. Personal injuries and deaths.

An owner/operator shall submit a report in writing to the commissioner due to an accident resulting in injury to any person within forty-eight hours after occurrence of the incident. The report of an accident shall be a duplicate copy of the report submitted to insurance companies. The operator shall immediately report by telephone any accident in which a fatality occurs or a person suffers a fracture, concussion, laceration, or other traumatic injury requiring immediate surgical or medical care. The commissioner, after consultation and determination with the owner and/or operator, may require that the scene of such an accident be secured and not disturbed to any greater extent than necessary for removal of the deceased or injured persons. If a ride is removed from service by the commissioner, he/she shall order an immediate investigation and the ride or device shall be released for repair and operation only after complete investigation. In such cases that resulted in death, formal written release of the ride must be given by the commissioner to the owner prior to resuming operation.

005. Mechanical failure reports.

The operator shall immediately report to the commissioner a major breakdown after occurrence of the incident by telephone. Upon being advised of such an incident, the commissioner or his/her designee, after reviewing the circumstances, may order the ride or device to be withheld from operation and, in such cases, the commissioner shall conduct an immediate investigation. The ride or device shall be released for repair and operation only after the complete investigation by the commissioner’s representative.

006.

A. If a qualified inspector finds a condition on an amusement ride which does not comply with the rules, he/she will notify the owner. The amusement ride shall not be operated or permitted until the condition is corrected and the amusement ride is reinspected by a qualified inspector. If the qualified inspector determines the safety hazard is limited to an individual tub/cart and the ride may be operated safely without occupation of the tub/cart, the amusement ride may be operated without the use of the impacted tub/cart.

B. In a situation where a spot inspection reveals a condition that is a direct and immediate severe hazard to health or a direct and imminent danger to life, the department inspector or designee shall verbally stop the operation of an amusement ride/amusement device immediately. The department inspector or designee shall notify the commissioner of the action taken. The operator shall eliminate the cause of hazard prior to again restarting the amusement ride/amusement device. The department inspector or designee shall make an emergency inspection and issue a recommended mechanical repair prior to operation.

007. When a ride is issued an order pursuant to paragraph (006)(B) of this chapter, the fair official, sponsor of event, and/or responsible party will be notified of the order.

History

• Effective 2019-05-06

Chapter 7 Insurance

Neb. Admin. Code tit. 228, ch. 7 Insurance {#sec-228-nac-7 omnilex-key=us-ne-regs-official--title-228--228 NAC 7}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-1803.

002. Owner

A. No person shall be issued a permit to operate a ride under this chapter unless, at the time of operation, the owner has an insurance policy in effect written by an insurance company authorized to do business in this state. In the case of all amusement rides other than bungee jumping operations, such policies shall provide coverage in an amount of not less than one (1) million ($1,000,000) per occurrence against liability for injury to persons arising out of the operation of the amusement ride. In the case of permits issued for bungee jumping operations, the minimum amounts of insurance shall be not less than one million dollars ($1,000,000) for each accident.

B. If the insurance is suspended, cancelled, or expires and/or if the amusement ride owner/operator changes insurance companies, the amusement ride owner/operator shall notify the department and submit proof of insurance coverage to the commissioner immediately or operations will be discontinued and permit(s) previous issued will be revoked without further notice to the owner/operator. After permit(s) have been revoked, the amusement ride owner/operator must reapply with the department.

History

• Effective 2019-05-06

Chapter 8 Ride Operators

Neb. Admin. Code tit. 228, ch. 8 Ride Operators {#sec-228-nac-8 omnilex-key=us-ne-regs-official--title-228--228 NAC 8}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-1803.

002. An amusement ride shall be operated by a competent ride operator trained for the duty. The ride operator of a ride or device, other than bungee jumping operations shall be at least sixteen years of age. In the case of bungee jumping operations, the ride operator shall be at least twenty-one years of age. Ride operators shall meet minimum age requirements above the age of sixteen years when indicated by the insurance company insuring the ride prior to operating any ride or device.

003. Each ride or device shall be operated by a competent ride operator trained for the duty. Each ride operator shall receive instructions and/or training from a responsible party prior to operating each amusement ride or device. Such training shall include a review of Nebraska's amusement ride rules and regulations. A current copy of Nebraska's amusement ride rules and regulations shall be maintained and available for review by operators. The length of training shall be determined by the owner and documented in writing as completed by both the owner and operator. This information shall be made available upon request of a qualified inspector. This written policy and a list of competent ride operators shall be made and maintained by amusement ride owners. The training policy shall be filed with the commissioner upon each annual application for permit to operate. The competent operators list must specify all rides or devices the operator is trained to run.

004. A ride operator shall have knowledge of the use and function of all normal operating controls, signal systems, and safety devices applicable to the ride or device and of the proper use, function, capacity, and speed of the particular ride or device which he or she is operating.

005. A ride operator shall have complete control of the ride or device at all times when it is being operated for the public's use. When the ride or device is shut down, provision shall be made to prevent operation by the public. No person other than a trained ride operator shall be permitted to handle the controls of a ride or device during normal operation except where it is designed to be controlled by the passenger.

006. A ride operator shall be in attendance at all times when an amusement ride is in operation.

007. The following guidelines are to be followed by owners of amusement rides when developing a written ride operator(s) training policy:

A. Legible notices or signs shall be prominently displayed, clearly and simply stating any limitations as to who has to be excluded from being carried on the ride or device. Ride attendants and operators should, so far as they can reasonably do so, see that such exclusions are enforced.

B. A ride operator in charge of a passenger carrying amusement ride/amusement device shall not operate the device at a speed which exceeds the maximum operation speed as specified in the manufacturer specifications.

C. Every passenger carrying amusement device shall be loaded in a manner which ensures that all passengers are accommodated and carried safely. Where there is a particular requirement to load passengers into a partly filled car or device in a particular pattern, the ride operator in charge of the device should ensure that this loading is correctly carried out.

D. Where the ride operator does not have a clear view of all loading and unloading points, a system of signals shall be adopted to inform him/her of the time when it is safe for the ride or bungee jump cycle to start. Before a person operates a system of signals, he/she should be fully instructed on the system. A copy of the signal code currently in use should be conspicuously displayed in appropriate areas.

E. A ride attendant shall carry out his/her duties on the device under the supervision of a ride operator for the device. An attendant is not authorized to operate or control a ride unless proper documented training has occurred to classify the individual as an operator/attendant.

F. The ride operator/attendant shall take all reasonably practicable measures to prohibit members of the public from using the device when he/she considers that they are incapable of doing so safely.

G. Every ride operator/attendant shall carry out his/her duties in accordance with instructions given to him/her and with due regard to the safety of members of the public and others working with him/her on the device.

H. A ride operator/attendant while at work at an amusement ride/device should carry out his/her duties in a manner which puts neither himself/herself nor any other person at risk because of his/her actions. In particular, he/she shall not ride in a device in a precarious position, nor jump on or off in circumstances where it will be dangerous.

I. The ride operator/attendant shall ensure that each passenger and patron is appropriately positioned and that any restraint equipment is effectively fastened in position before either starting the ride cycle or before giving any signal or form of indication that the ride cycle may be started.

J. The number of persons permitted to stand on loading platforms shall be restricted to limit the possibility of their contact with moving equipment. In the case of bungee jumping, no more than four persons, including ride operators and attendants, shall be on the jump platform at any one time.

K. Where there is a possibility that passengers on an amusement ride/amusement device may become stranded while still on the ride away from the disembarkation point, instructions shall be prepared by the owner of a ride which detail the arrangements for conveying them safely and without undue delay to a place of safety, preferably in the unit in which they are traveling. In the case of a dark ride, the instructions shall detail the arrangements for conveying passengers to the exit. The arrangements shall be suitable for all persons allowed to use the device and shall be known and understood by the ride operator/attendant.

L. The ride operator in control of an amusement device shall have received suitable and sufficient training in the working of the ride/device to ensure that he/she has adequate knowledge of:

1. The method of operation of the amusement device itself and of any particular measures to be taken to ensure that it is operated in a safe manner;

2. The duties that have to be carried out by the ride attendants working on the amusement ride/device to ensure its safe operation;

3. Any particular specific measures that have to be adopted to ensure the safety of passengers where this is appropriate;

4. The steps required to ensure that appropriate action is taken in the event of an emergency arising at the ride/device for which he/she is an operator; and

5. The ability to communicate safety instructions to passengers.

M. The ride attendant appointed to work on any amusement device shall have received suitable and sufficient training in the working of the ride/device to ensure that he/she has adequate knowledge of:

1. The task he/she is required to perform on the amusement ride/device;

2. The procedure for reporting any breakdowns or defects which he/she notices; and

3. The measure or actions which he/she is required to take to assist an operator in the event of an emergency arising on the ride/device.

History

• Effective 2019-05-06