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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



OSH Legislation

5 [Amusement device must be examined before certificate issued]

5
[Amusement device must be examined before certificate issued]
(1)
[An engineer must not issue an engineer's certificate in respect of an amusement device (including a model engineering amusement device) and a competent person must not issue a competent person's certificate in respect of a model engineering amusement device unless the engineer or competent person (as the case may be)] has examined the device in accordance with these regulations and is satisfied:
(a)
That the device is soundly constructed of proper materials and free from patent defects:
(b)
Either that the device is equipped with a suitable and effective braking system or that such a system would not increase the safety of the device:
(c)
Where, during operation of the device, there is a possibility of accidental collision if the normal controls fail, that the device is equipped with a suitable and effective emergency braking system:
(d)
In the case of a device the dynamic effects of whose movement during normal operation, as a result of the failure of its normal controls during normal operation, or as a result of the application of an emergency braking system after such a failure, could result in the ejection of passengers, that the device is equipped with passenger restraining and containing apparatus, incapable of inadvertent release by a passenger or by accident, sufficient to prevent such ejection:
(e)
In the case of a device whose prime mover would otherwise be capable of driving it at a speed that is too great for safety, that the device is equipped with a governor that restricts the operation of the device to a speed that is safe:
(f)
In the case of a rotating device, that it is equipped with visual indicators sufficient to show the speed of rotation:
(g)
That all parts of the device with which a passenger may come into contact are smooth, free from sharp, rough, or splintered edges and corners, and with no protruding studs, bolts, screws, or other projections:
(h)
In the case of a device operated on tracks and capable of backward movement in the event of a failure of the propelling mechanism, that the device is equipped with automatic apparatus capable of arresting any such backward movement:
(i)
In the case of a device during the operation of which dynamic forces are used to retain the passengers in position, that the device is so constructed that the passengers remain safe in the event of a power or transmission failure such that those forces become insufficient so to retain them:
(j)
In the case of a device having a moving part that moves near persons being carried on another part, that the device is so constructed as to prevent those persons from coming into contact with that moving part:
(k)
In the case of a device having a stationary part near which persons being carried on a moving part pass, that the device is so constructed as to prevent those persons from coming into contact with that stationary part:
(l)
That the device is capable of supporting the maximum load to which it may be subjected and will move safely at the speeds at which it is designed to move.
(2)
For the purposes of subclause (1)(d) of this regulation, in the case of any device that during operation is capable of exerting upon any person centrifugal force capable of ejecting him from the device, the device shall be deemed to be a device whose prime mover is capable of driving at a speed that is too great for safety if the prime mover is capable of driving the device at such a speed that it exerts a centrifugal force upon any person capable of imparting an acceleration of more than 7 m/s2.
(3)
In examining an amusement device and so satisfying himself an engineer [or competent person] shall have regard to all relevant engineering considerations including those involving dynamic loads, critical speeds, forced vibration, engine drives, gearboxes, transmission, speed controls, bearings and fixings, and built-in safety apparatus such as speed governors.

History Note - Regulations of New Zealand

The heading to reg 5 was substituted, as from 28 July 2011, by reg 6(1) Amusement Devices Amendment Regulations 2011 (SR 2011/234).
Subclause (1) was amended, as from 28 July 2011, by reg 6(2) Amusement Devices Amendment Regulations 2011 (SR 2011/234) by substituting “An engineer must not issue an engineer's certificate in respect of an amusement device (including a model engineering amusement device) and a competent person must not issue a competent person's certificate in respect of a model engineering amusement device unless the engineer or competent person (as the case may be)” for “No engineer shall issue an engineer's certificate in respect of any amusement device unless he”.
Subclause (3) was amended, as from 28 July 2011, by reg 6(3) Amusement Devices Amendment Regulations 2011 (SR 2011/234) by inserting “or competent person” after “engineer”.

Historical Versions - Regulations of New Zealand

Show the historical version (1 December 1978 to 27 July 2011)

5
Engineer's certificate
(1)
No engineer shall issue an engineer's certificate in respect of any amusement device unless he has examined the device in accordance with these regulations and is satisfied:
(a)
That the device is soundly constructed of proper materials and free from patent defects:
(b)
Either that the device is equipped with a suitable and effective braking system or that such a system would not increase the safety of the device:
(c)
Where, during operation of the device, there is a possibility of accidental collision if the normal controls fail, that the device is equipped with a suitable and effective emergency braking system:
(d)
In the case of a device the dynamic effects of whose movement during normal operation, as a result of the failure of its normal controls during normal operation, or as a result of the application of an emergency braking system after such a failure, could result in the ejection of passengers, that the device is equipped with passenger restraining and containing apparatus, incapable of inadvertent release by a passenger or by accident, sufficient to prevent such ejection:
(e)
In the case of a device whose prime mover would otherwise be capable of driving it at a speed that is too great for safety, that the device is equipped with a governor that restricts the operation of the device to a speed that is safe:
(f)
In the case of a rotating device, that it is equipped with visual indicators sufficient to show the speed of rotation:
(g)
That all parts of the device with which a passenger may come into contact are smooth, free from sharp, rough, or splintered edges and corners, and with no protruding studs, bolts, screws, or other projections:
(h)
In the case of a device operated on tracks and capable of backward movement in the event of a failure of the propelling mechanism, that the device is equipped with automatic apparatus capable of arresting any such backward movement:
(i)
In the case of a device during the operation of which dynamic forces are used to retain the passengers in position, that the device is so constructed that the passengers remain safe in the event of a power or transmission failure such that those forces become insufficient so to retain them:
(j)
In the case of a device having a moving part that moves near persons being carried on another part, that the device is so constructed as to prevent those persons from coming into contact with that moving part:
(k)
In the case of a device having a stationary part near which persons being carried on a moving part pass, that the device is so constructed as to prevent those persons from coming into contact with that stationary part:
(l)
That the device is capable of supporting the maximum load to which it may be subjected and will move safely at the speeds at which it is designed to move.
(2)
For the purposes of subclause (1)(d) of this regulation, in the case of any device that during operation is capable of exerting upon any person centrifugal force capable of ejecting him from the device, the device shall be deemed to be a device whose prime mover is capable of driving at a speed that is too great for safety if the prime mover is capable of driving the device at such a speed that it exerts a centrifugal force upon any person capable of imparting an acceleration of more than 7 m/s2.
(3)
In examining an amusement device and so satisfying himself an engineer shall have regard to all relevant engineering considerations including those involving dynamic loads, critical speeds, forced vibration, engine drives, gearboxes, transmission, speed controls, bearings and fixings, and built-in safety apparatus such as speed governors.

From OSH Legislation

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