ASSEMBLY, No. 1151

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblyman  ARTHUR BARCLAY

District 5 (Camden and Gloucester)

Assemblywoman  ELIZABETH MAHER MUOIO

District 15 (Hunterdon and Mercer)

 

 

 

 

SYNOPSIS

     Clarifies and codifies certain inflatable ride safety requirements.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning inflatable carnival-amusement rides and supplementing P.L.1975, c.105 (C.5:3-31 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act:

     “Hazardous weather” means a thunderstorm, gusting or sustained wind, rain, or any other hazardous weather condition.

     “Inflatable ride” or “ride” means an air-supported inflatable structure that incorporates a structural and mechanical system, employs a high strength fabric or film that achieves its strength, shape, and stability by tensioning from internal air pressure, and is intended for riders to bounce, ride, slide, or be supported after entering or mounting it.

     “Manual” means a manual, instruction book, guidance, or other design and operation document prepared by the manufacturer of an inflatable ride.

     “Operator” means the operator of an inflatable ride.

 

     2.    Every inflatable ride shall have an identification and data plate attached, glued, or sewn to it. The identification and data plate shall include the following information:

     a.     the manufacturer’s name and address;

     b.    the date of manufacture;

     c.     the ride name and ride serial number;

     d.    rider capacity, by weight and number;

     e.     cubic feet per minute required to properly inflate the ride and the type of blower to be used; and

     f.     any other requirements as determined by the Commissioner of Community Affairs.

 

     3.    An inflatable ride manufacturer shall proscribe the requirements related to the ride’s operation, maintenance, and set-up in a manual provided to an operator.  The manual shall contain illustrations and clear, detailed instructions for setting up and safely operating an inflatable ride, including tie-down and anchorage requirements.  A manufacturer also shall indicate in the manual safe operation and usage requirements for each inflatable ride, including information on avoidance of imminent danger, rider conduct, and cleanliness.

 

     4.    a.   A manufacturer shall include one set of ground anchors with each inflatable ride.  The size and number of anchorage points shall be adequate for the structure and take into account live and wind loads.

     b.    An operator shall perform a thorough check of the inflatable ride and its accessories to ensure that all anchor points, anchor ropes, and anchor stakes or ballasts are undamaged and suitable before use.

     c.     An operator shall ensure that all tie-down ropes attached to the inflatable ride are fastened to a stake or anchorage. An operator shall replace any rope that becomes detached from the structure with ropes of at least equivalent breaking strength, and attached with equivalent or greater attachment strength.           

     An operator shall use anchors that are straight stakes, screw stakes, ground weights, or sandbag ground anchors, and shall not use any anchor that is not specifically described within the manual. An operator may use substitutions if allowed and as indicated in the manual.  An operator shall ensure that anchors are protected to prevent any public hazard.

     An operator shall use stakes or ballast at every anchorage point, which shall be installed pursuant to manufacturer requirements.  An operator shall use stakes with restraining hooks or collars at the top to prevent the attached rope from sliding up and releasing.  Ground stakes shall be a minimum of 40 inches long for slides 15 feet or higher.

 

     5.    a.   An operator shall evacuate all riders and deflate the inflatable ride in the event of any approaching hazardous weather related condition.  After the weather condition passes, the operator shall dry the inflatable ride of rainwater, and re-inflate and re-inspect the inflatable ride.  Riders shall be readmitted only when the inflatable ride is deemed safe to operate.

     b.    An operator shall not operate an inflatable ride if the wind velocity exceeds the manufacturer’s recommended maximum safe operating wind speed.

 

     6.    The Commissioner of Community Affairs shall adopt rules and regulations, including requirements related to inspection and testing of inflatable rides, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.

 

     7.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would codify certain safety requirements related to inflatable rides, regulated by the Department of Community Affairs pursuant to the “Carnival-Amusement Rides Safety Act” and regulations at N.J.A.C.5:14A-13.1 et seq.

     Under the bill, an inflatable ride manufacturer is to create a manual on operation, maintenance, and set-up of the inflatable ride, which would include illustrations and detailed instructions in addition to specific tie-down and anchorage requirements.  A manufacturer would be required to indicate safe operation and usage requirements for each inflatable ride, including avoidance of imminent danger, rider conduct, and cleanliness.

     The bill requires every inflatable ride to have an identification and data plate attached, glued, or sewn to it. The identification and data plate are to include: the manufacturer’s name and address; date of manufacture; ride name and serial number; rider capacity, by weight and number; cubic feet per minute required to properly inflate the ride and type of blower to be used; and any other requirements as determined by the Commissioner of Community Affairs.

     The bill requires an operator to perform a thorough check of the inflatable ride and its accessories to ensure that all anchor points, anchor ropes, and anchor stakes or ballasts are undamaged and suitable before use.  The bill additionally requires that:

·         Each inflatable ride include one set of ground anchors. 

·         The size and number of anchorage points are to be adequate for the structure, and take into account live and wind loads. 

·         All tie-down ropes attached to the inflatable ride are to be fastened to a stake or anchorage.

·         Anchors are to be protected to prevent any public hazard.

·         Stakes or ballast are to be used at every anchorage point and be installed according to manufacturer requirements. 

     In the event of any approaching hazardous weather related condition, the bill requires that an operator evacuate riders and deflate the inflatable ride.  After the weather condition passes, the operator is to dry, re-inflate, and re-inspect the inflatable ride and only re-open it when deemed safe.  The bill prohibits an inflatable ride from being used if the wind velocity exceeds the manufacturer’s maximum safe operating wind speed.