Loading (50 kb)...'
(continued)
D. Requirements applicable to Non-Accredited Persons.
In order to perform work requiring accreditation under TSCA Title II, persons who are not accredited by a State with an accreditation program no less stringent than an earlier version of the MAP or by an EPA-approved training provider as of April 3, 1994, must comply with the upgraded training requirements of this MAP by no later than October 4, 1994. Non-accredited persons may obtain initial accreditation on a provisional basis by successfully completing any of the training programs approved under an earlier version of the MAP, and thereby perform work during the first 6 months after this MAP takes effect. However, by October 4, 1994, these persons must have successfully completed an upgraded training program that fully complies with the requirements of this MAP in order to continue to perform work requiring accreditation under section 206 of TSCA, 15 U.S.C. 2646.
[52 FR 15876, Apr. 30, 1987; 59 FR 5236, Feb. 3, 1994; 60 FR 31917, June 19, 1995]
s 341.17. Approval of Asbestos Cement Pipe Training and Asbestos Cement Pipe Course Providers for the Purpose of Employer Exemption from Registration Requirements.
(a) Scope and Application.
Any course provider (individual or business entity) desiring to provide asbestos cement pipe training for the purpose of employer exemption from requirements for "asbestos-related work" as provided by Section 1529(r) and Labor Code Section 6501.8(c) shall apply for and obtain approval pursuant to this section.
(b) Criteria for Asbestos Cement Pipe Course Approval.
(1) Initial course. The course shall consist of a minimum of four (4) hours training for workers and for supervisors, and shall include, but is not limited to the following topics:
(A) The physical characteristics and health hazards of asbestos.
(B) The types of asbestos cement pipe an employee may encounter in his or her specific work assignments.
(C) Safe practices and procedures for minimizing asbestos exposures from operations involving asbestos cement pipe.
(D) A review of general industry and construction safety orders relating to asbestos exposure.
(E) Hands-on instruction using pipe and the tools and equipment employees will use in the work place.
(2) Refresher course. Annual re-training must be provided in accordance with Section 1529(k)(9)(B). The annual refresher shall include at least two hours of review of the important elements covered in the initial course, any changes in federal and state asbestos regulations, and the latest developments in state of the art practices for work involving asbestos cement pipe.
(c) Applying for Course Approval.
Any individual or entity that desires to provide Division approved asbestos cement pipe training may apply to the Division at this address:
Division of Occupational Safety and Health AC Pipe training approval P.O. Box 420603 San Francisco, CA 94142
The following information shall be provided:
(1) The name and address of the individual or entity providing the training, the name and title of the person submitting the application with his or her signature and a statement certifying that the information and material submitted will be used in the course for which approval is being sought, and the name, title, and telephone number of the person whom the Division should contact regarding course approval matters.
(2) A written description of the training topics and hands-on practices that will be taught, and a copy of any training documents and visual training aids that will be used.
(d) Application Fee.
(1) The application fee is $200 for the initial course and $100 for the annual refresher course.
(2) Remittance for the application fee shall be made payable to Asbestos Training Approval Account.
(3) The fee is not refundable.
(e) Process of Application.
(1) Within 25 business days of receipt of an application, the Division shall notify the applicant in writing that the application is approved and issue a Division Course Approval Number, or that the application is deficient. The notice shall specify what additional information or documentation is necessary when the application is found to be deficient.
(2) Within 15 business days of receipt of the requested additional information or documentation, the Division shall notify the applicant in writing that the application is approved and issue a Division Approval Number, or that the application is still deficient and denied.
(3) An applicant whose application is denied may submit a new application with another application fee.
(f) Training Records.
(1) To maintain the course approval, the course provider shall maintain records which give the names of the trainees, the dates that the training was provided, the name(s) of the instructor(s) giving the training, and the Division issued Course Approval Number. This applies whether or not the course provider is also the employer.
(2) The course provider shall provide a copy of the training records to the Division when requested.
(3) Training records shall be maintained for a minimum of three years.
(g) Revocation of Course Approval.
(1) The Division may at any time, upon showing of good cause and after notice and an opportunity to be heard, revoke any course approval issued pursuant to this section.
(2) Notice shall be in writing and served upon the course provider at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the course provider address as shown on the course approval application. The notice shall specify the reasons for the action taken by the Division in order that the course provider may prepare for the hearing.
(3) The hearing shall be held as soon as possible at the Division's headquarters office or at such other location as may be designated by the Division and shall be presided over by the Chief of the Division or authorized designee.
(4) At the hearing the Division shall establish good cause for the action taken by it. Good cause is deemed to exist if the Division establishes that the course provider did not provide the required training.
(5) The course provider receiving a revocation from the Division may appeal such revocation to the Director. The Director shall hold a hearing at such place designated by the Director or authorized designee for the convenience of the attending parties within two working days of the course provider's appeal. The course provider shall have the burden of establishing that the revocation is not justified. The hearing shall be presided over by the Director or authorized designee.
(6) Following the hearing, the Director shall issue a decision. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for hearing shall be filed with the Director within 10 days from the date of the Director's decision.
Note: Authority cited: Sections 60.5, 6308 and 9021.9, Labor Code. Reference: Sections 6501(c) and 9021.9, Labor Code; and Section 1529, Title 8, California Code of Regulations.
s 342. Reporting Work-Connected Fatalities and Serious Injuries.
(a) Every employer shall report immediately by telephone or telegraph to the nearest District Office of the Division of Occupational Safety and Health any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment.
Immediately means as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident.
Serious injury or illness is defined in section 330(h), Title 8, California Administrative Code.
(b) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury, or illness, or death occurs, the nearest office of the Division of Occupational Safety and Health shall be notified by telephone immediately by the responding agency.
(c) When making such report, whether by telephone or telegraph, the reporting party shall include the following information, if available:
(1) Time and date of accident.
(2) Employer's name, address and telephone number.
(3) Name and job title, or badge number of person reporting the accident.
(4) Address of site of accident or event.
(5) Name of person to contact at site of accident.
(6) Name and address of injured employee(s).
(7) Nature of injury.
(8) Location where injured employee(s) was (were) moved to.
(9) List and identity of other law enforcement agencies present at the site of accident.
(10) Description of accident and whether the accident scene or instrumentality has been altered.
(d) The reporting in (a) and (b) above, is in addition to any other reports required by law and may be made by any person authorized by the employers, state, county, or local agencies to make such reports.
Note: Authority cited: Sections 60.5, 6308 and 6409.1, Labor Code. Reference: Sections 6302(h), 6307, 6308, 6313 and 6409, Labor Code.
s 343. Aerial Passenger Tramway Inspection Fee Schedule.
(a) Inspection Fees. Pursuant to Section 7350 of the Labor Code the Division hereby fixes inspection fees as follows:
(1) A fee of $125.00 per hour or fraction thereof shall be charged for new inspections, major alterations, operational inspections, and consultations performed by a Division engineer.
(2) Fees shall be charged for actual inspection time. Actual inspection time begins from the time the Division engineer arrives, by appointment, in the area and continues until the engineer has completed the Division's report and is ready to leave the area.
(3) Permit of an existing installation shall be:
Rope Toe...................... $ 125.00 per unit
Surface Lift.................. $ 250.00 per unit
Fixed Grip Lift
-up to 1000 feet............ $ 250.00 per unit
-up to 4000 feet............ $ 375.00 per unit
-over 4000 feet............. $ 625.00 per unit
Detachable Grip Lift
Chair -up to 1000 feet...... $ 750.00 per unit
Chair -up to 4000 feet...... $1,000.00 per unit
Chair -over 4000 feet....... $1,250.00 per unit
Gondola -up to 2000 feet.... $ 750.00 per unit
Gondola -over 2000 feet..... $1,250.00 per unit
Aerial Tramway................ $1,500.00 per unit
(b) No charge shall be made in any one permit year for more than two inspections except where safety orders have not been complied with and subsequent inspections are necessary. Then, an additional fee not to exceed $125.00 per hour or fraction thereof may, at the discretion of the Division, be charged.
(c) The Division will charge no fee for an inspection performed by a certified insurance inspector except a charge of $10.00 to cover the cost of processing the permit to operate.
(d) Aerial passenger tramways shall be inspected at least two times each year.
(e) At least one of the inspections required by subdivision (d) shall take place between November 15 of each year and March 15 of the succeeding year.
Note: Authority cited: Sections 60.5, 6308 and 7350, Labor Code. Reference: Sections 7344 and 7350, Labor Code.
s 344. Shop and Resale Inspection Fees, Consultation and Audit Fees, Boilers and Tanks.
(a) A fee of $110.00 per hour, or part thereof, including travel time as set forth in part (1) of this subsection, based on quarter hour intervals, with a minimum of one-half hour, shall be charged for all shop, field erection and resale inspections of all tanks, boilers, parts of tanks and boilers, nuclear components and for consultation, surveys, audits, manual review and other activities required or related to the ASME code or other national standards concerning the design or construction of boilers or pressure vessels or for evaluating fabricator's plant facilities when these services are requested of the division by entities desiring these services.
(1) Travel time shall include the travel time from the Division's local office or the site of previous inspection, whichever is less, to the inspection site and travel time from the inspection site to the Division's local office or the site of a following inspection, whichever is less. The Division shall not charge more than one employer for the same period of travel time.
(b) Whenever a person using qualified engineers of the division to perform services stated in Section 344(a) fails to pay the fees required under this section within 60 days after notification, said person shall pay, in addition to the fees required under this section, a penalty fee equal to 100 percent of the fee. For the purpose of this section, the date of the invoice shall be considered the date of notification.
(c) Expenses.
(1) When the mileage from the division's office of the authorized inspector or authorized inspector-supervisor is in excess of 50 miles roundtrip to the inspection site a charge of 31 cents per mile will be added to the hourly rate charges.
(2) When overnight expenses are incurred by the authorized inspector or the authorized inspector-supervisor, the actual cost of meals and lodging, up to a maximum per day of $150.00 when lodging is obtained in the counties of Alameda, San Francisco, San Mateo and Santa Clara, and Central and Western Los Angeles, and up to a maximum per day of $124.00 when lodging is obtained in any other location in the state, will be added to the hourly rate charges.
(3) The division shall not charge more than one employer for the same amount of expenses incurred the same day except as follows: When more than one employer incurs these expenses the division may, at its discretion, equitably allocate the expenses among the parties inspected.
Note: Authority cited: Sections 60.5, 6308, 7721 and 7722, Labor Code. Reference: Sections 7721 and 7728, Labor Code.
s 344.1. Air Tank, Liquefied Petroleum Gas (L.P.G.), and Boiler Inspection Fees.
(a) A fee of $135.00 per hour or any part thereof, including travel time as set forth in part (1) of this subsection, based on quarter hour intervals with a minimum of one-half hour, shall be charged for field permit inspection of air tanks, L.P.G. tanks, and boilers by qualified safety engineers employed by the division. Such fees may also, in the division's discretion, be charged for subsequent consultation or inspections to determine if applicable safety orders have been complied with. No additional fees shall be assessed for follow-up inspections when Safety Order requirements have been complied with, and the division notified, within 15 days of the compliance date shown on the Preliminary Order.
(1) Travel time shall include the travel time from the Division's local office or the site of previous inspection, whichever is less, to the inspection site and travel time from the inspection site to the Division's local office or the site of a following inspection, whichever is less. The Division shall not charge more than one employer for the same period of travel time.
(b) Whenever a person owning or having the custody, management or operation of an air tank, L.P.G. tank, or boiler fails to pay the fees required under this section within 60 days after notification, said person shall pay, in addition to the fees required under this section, a penalty fee equal to 100 percent of the fee. For the purpose of this section, the date of the invoice shall be considered the date of notification.
Note: Authority cited: Sections 60.5, 6308 and 7721, Labor Code. Reference: Sections 7721 and 7728, Labor Code.
s 344.2. Boiler, Tank and Resale Inspection Reports and Permits to Operate.
(a) Permits to operate and Resale Permits shall be issued by the Division, a qualified city or county, or an insurance company, or a corporation or company that inspects only boilers and tanks to be used by such company and not for resale. A qualified city or county or insurance company or a corporation or company that inspects only boilers and tanks to be used by such company and not for resale, is one that employs certified inspectors, as provided for in Section 779 of the Boiler and Fired Pressure Vessel Safety Orders.
(b) The Division shall issue a permit to operate upon receipt of the inspection reports required by Labor Code section 7654 and a fee of $15.00 to cover the costs of processing the Permit to Operate. If a Permit to Operate is issued on the Division's behalf by a certified inspector employed by an insurance company or by an employer who inspects boilers and tanks for the employer's own use and not for resale, the Division shall assess a fee of $15.00 to cover the cost of processing the Permit to Operate.
(c) Whenever a person owning or having the custody, management or operation of an air tank, L.P.G. tank, or boiler fails to pay the fees required under this section within 60 days after notification, said person shall pay, in addition to the fees required under this section, a penalty fee equal to 100 percent of the fee. For the purpose of this section, the date of the invoice shall be considered the date of notification.
Note: Authority cited: Sections 6308 and 7721, Labor Code. Reference: Sections 7721, 7650, 7654 and 7680, Labor Code.
s 344.3. Boiler Shop Inspection Fees.
Note: Authority cited: Sections 6308 and 7721, Labor Code. Reference: Section 7721, Labor Code.
s 344.4. Boiler Permit and Inspection Fees.
Note: Authority cited: Sections 6308 and 7721, Labor Code. Reference: Section 7721, Labor Code.
s 344.5. Application.
(a) This Article governs permanent amusement rides operated anywhere in the State of California.
(b) This Article does not apply to any of the following:
(1) Any playground operated by a school or local government if the playground is an incidental amenity and the operating entity is not primarily engaged in providing amusement, pleasure, thrills or excitement;
(2) Museums or other institutions principally devoted to the exhibition of products of agriculture, industry, education, science, religion or the arts;
(3) Skating rinks, arcades, laser or paint ball war games, indoor interactive arcade games, bowling alleys, miniature golf courses, mechanical bulls, inflatable rides, trampolines, ball crawls, exercise equipment, jet skis, paddle boats, air boats, helicopters, airplanes, parasails, hot air balloons (tethered or untethered,) theaters, amphitheaters, batting cages, stationary spring-mounted fixtures, rider-propelled merry-go-rounds, games, slide shows, live-animal rides, or live-animal shows; or
(4) Permanent amusement rides operated at a private event that is not open to the general public and not subject to a separate admission fee.
(5) Amusement rides that are not permanent amusement rides.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.6. Definitions.
For purposes of this Article, the following terms are defined as set forth herein:
(a) An "as-built document" is a document signed by a licensed engineer responsible for the construction of the permanent amusement ride stating that the ride has been constructed according to its final plans.
(b) A "California-licensed engineer" is a professional engineer with a certificate of registration issued by the California Board of Professional Engineers and Land Surveyors.
(c) A "licensed engineer" is a California-licensed engineer or a professional engineer with equivalent licensing by another state.
(d) A "major modification" is any change in the structure or operation of a permanent amusement ride that materially alters either the performance of the ride or any safety-related system of the ride. For the purposes of this definition, the disassembly and relocation of a ride is considered to be a major modification of the ride.
(e) A "new permanent amusement ride" is a permanent amusement ride that is placed in operation and opened to the public for the first time on or after November 5, 2001.
(f) An "operational inspection" is an inspection that consists of inspecting the operation of the permanent amusement ride, including its safety-related systems and procedures, and reviewing any other specific information that is substantially related to the safe operation of the ride.
(g) An "owner" or "operator" is a person or entity who owns or controls or has the duty to control the operation of a permanent amusement ride. The terms include the State and every political subdivision of the State, including every state agency, and each county, city, district, and all the public and quasi-public corporations and public agencies therein.
(h) A "permanent amusement ride" is a mechanical device, aquatic device, or combination of devices of a permanent nature that carries or conveys passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. "Permanent amusement ride" includes bungee-jumping services, but does not include dry slides, playground equipment, coin-operated devices, conveyances that operate directly on the ground or on pavement or a surface directly on the ground, or aerial passenger tramways as defined by Labor Code section 7340(a). For the purposes of this definition, the phrase "of a permanent nature" means remaining at a single location for longer than 180 days.
(i) A "qualified safety inspector," or "QSI," is an individual certified by the Division pursuant to section 344.10. A QSI may be a safety inspector employed by the owner or operator of a permanent amusement ride, an employee or agent of the insurance underwriter or insurance broker of a permanent amusement ride, an employee or agent of the manufacturer of a permanent amusement ride, an employee of the Division of Occupational Safety and Health, or an independent consultant or contractor.
(j) "Safety-Related Systems and Procedures" are systems and procedures that materially affect safety or are designed or intended to increase the safety of a permanent amusement ride, including, but not limited to:
(1) Ride-control devices, including safety devices;
(2) Speed-limiting devices;
(3) Brakes;
(4) Passenger-carrying devices, including restraint systems;
(5) Mechanical systems that materially affect the safe operation of the ride;
(6) Ride electrical or electronic systems, including process-control equipment that are designed or intended to ensure safe operation of the ride;
(7) Daily pre-operational safety-related tests;
(8) Owner or operator safety-related maintenance, inspection and operational activities;
(9) Emergency procedures related to the operation of the ride, including, but not limited to, cessation of operation, evacuation procedures, ingress and egress controls, location of communication devices, and summoning of medical or emergency assistance; and
(10) Signage.
(k) A "structural inspection" is an inspection of a permanent amusement ride, which includes examination of the following structural attributes:
(1) Structural supports and foundations including wind and seismic integrity;
(2) Structural bracing; and
(3) Ride track elements, if any.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.7. Certificate of Compliance.
(a) On or before November 5, 2002, the owner or operator of a permanent amusement ride who does not elect to have a Division QSI perform the annual inspection required by section 344.8(c) shall submit to the Division a Certificate of Compliance together with the fee required by section 344.16(c). A new Certificate of Compliance shall be submitted annually and shall become due on each anniversary date of the first submission, unless the owner or operator elects in compliance with section 344.8(c)(2) to have a Division QSI conduct the annual inspection.
(b) The Certificate of Compliance shall include each of the following items:
(1) The legal name and address of the owner and his, her or its representative, if any, and the primary place of business of the owner;
(2) The legal name and address of the operator, if different from those of the owner;
(3) The name and a description of the permanent amusement ride, the address at which it is located, the name(s) of the manufacturer(s) of the ride, and if provided by the manufacturer(s), the serial number and model number of the permanent amusement ride; and
(4) A written declaration stating that, within the preceding 12-month period, the permanent amusement ride was inspected by a QSI, together with all of the individuals necessary to competently review the ride's safety-related systems and structural attributes, and that the permanent amusement ride is in conformance with the requirements of Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title. The written declaration shall be executed by a QSI under penalty of perjury.
Note : The requirement that the written declaration state that the permanent amusement ride is in conformance with the requirements of Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title shall not take effect until November 5, 2002, or 180 days after the date that Subchapter 6.2 has been adopted and takes effect, whichever is later.
(c) The owner or operator of multiple permanent amusement rides at one address may submit a single Certificate of Compliance that provides the information required in section 344.7(b) for all of the permanent amusement rides located at that address.
(d) Upon receipt of the Certificate of Compliance, the Division shall notify the owner or operator in writing within five (5) business days, that the Certificate of Compliance has been received and whether it meets the requirements of this Article. If a Certificate of Compliance is determined to be deficient, the Division's written notification shall enumerate the deficiencies and the information required to correct such deficiencies.
(e) All current written notifications issued by the Division pursuant to subsection (d) shall be available for public inspection during normal business hours at a readily accessible location at the site where the permanent amusement ride is located. Such documents may either be posted at the entrance to each permanent amusement ride, or at the election of the owner or operator, located at a readily accessible central location. If the owner or operator chooses not to maintain the documents at the entrance to a ride, a sign shall be posted at the entrance to the ride notifying the public of the location where the documents can be viewed.
(f) No person shall operate a permanent amusement ride unless the permanent amusement ride complies with all applicable requirements of this Article and Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title.
Note: The requirement that the amusement ride comply with all applicable requirements of Subchapter 2 shall not take effect unless and until Subchapter 2 is adopted and takes effect.
(g) Starting on November 5, 2002, an owner or operator who has not elected in compliance with sections 344.8(c)(1) and (c)(2) to have the Division conduct the annual inspection required by section 344.8(c) shall not operate an amusement ride with passengers unless a valid Certificate of Compliance applicable to the ride has been submitted to, and accepted by, the Division as required by section 344.7.
Exception No 1: If the Division fails to notify the owner or operator within 5 business days of receipt of a Certificate of Compliance that the Certificate has been received and whether it meets the requirements of this Article as required by subsection (d), the owner or operator may continue to operate the ride, unless and until the Division notifies the owner or operator that the Certificate is deficient.
Exception No . 2: If a tardy request for a Division-conducted annual inspection is made, and the Division can accommodate the request, the ride may be operated after the inspection has been initiated and the Division informs the owner or operator that the ride may be operated.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.8. Inspections.
(a) Initial Division Inspection of New Permanent Amusement Rides. A Division QSI shall conduct an operational inspection of each new permanent amusement ride before the ride is placed in operation and opened to the public to evaluate the safety of the ride.
(1) The owner or operator of the ride shall notify the Division, in writing, at least 30 days prior to opening the ride to the public.
(2) The notification shall state the location of the ride, the date the owner or operator intends to commence public operation, and the earliest date the ride will be ready for inspection by the Division.
(3) If the Division receives notification in compliance with section 344.8(a)(1), the Division shall initiate the inspection before the date indicated by the operator for commencement of public operation of the ride, and shall make a reasonable effort to complete the inspection prior to that date. If the Division is unable to complete the inspection within 30 days of receiving notification by the owner or operator, and the lack of completion of the inspection is not attributable to the action or inaction of the owner or operator, the ride may by opened to the public until the inspection is completed, unless there is a substantial reason to question the safety of the ride.
(4) The ride owner or operator shall ensure that a representative is present to operate the ride and perform the tests requested by the Division QSI as necessary to complete the operational inspection.
(5) In conjunction with the inspection, the owner or operator of the ride shall make available to the Division each of the following:
(A) A written certification from a licensed engineer that the ride meets the all applicable design requirements set forth in Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title.
Note : This requirement shall not take effect unless and until Subchapter 6.2 has been adopted and takes effect.
(B) An as-built document.
(C) A copy of the certificate of occupancy issued by the local building authority, if the local building authority has such a requirement.
(b) Division Inspection of Major Modifications. After any major modification has been made to a permanent amusement ride, a Division QSI shall conduct an operational inspection of the ride before the ride is reopened to the public.
(1) The owner or operator of the ride shall provide the Division with at least 30 days advance written notice of the anticipated date of reopening the ride to the public following the major modification.
(2) The advance written notice shall state the date the owner or operator intends to resume public operation, and the earliest date the ride will be ready for Division inspection.
(3) If the Division receives notification in compliance with section 344.8(b)(1), the Division shall initiate the inspection before the date indicated by the operator for reopening of the ride to the public, and shall make a reasonable effort to complete the inspection prior to that date. If the Division is unable to complete the inspection within 30 days of receiving notification by the owner or operator, and the lack of completion of the inspection is not attributable to the action or inaction of the owner or operator, the ride may by opened to the public until the inspection is completed, unless there is a substantial reason to question the safety of the ride.
(4) In conjunction with the Division's major modification inspection, the owner or operator of a permanent amusement ride shall make available to the Division each of the following:
(A) A written certification from a licensed engineer that the ride as modified meets all applicable design requirements set forth in Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title.
Note : This requirement shall not take effect unless and until Subchapter 6.2 has been adopted and takes effect.
(B) An as-built document.
(C) A copy of the certificate of occupancy issued by the local building authority, if the local building authority has such a requirement.
(c) Annual QSI Inspection. An annual QSI inspection shall be conducted of each permanent amusement ride at least once each year by either a QSI selected by the owner/operator or by a Division QSI, at the election of the owner or operator.
(1) If the owner or operator elects to have a Division QSI conduct the Annual QSI Inspection, the owner or operator shall submit a written request that the Division conduct the inspection. The request shall be submitted to the Division no later than 60 days prior to the date the Certificate of Compliance becomes due.
(2) Whenever an owner or operator elects to have a Division QSI conduct an annual inspection, the date of completion of the Division's inspection shall become the anniversary date by which the owner or operator's Certificate of Compliance becomes due the following year if a request for a Division-conducted QSI inspection is not made pursuant to subsection (c)(1).
(3) The annual QSI inspection shall include both a structural inspection and an operational inspection.
(4) A permanent amusement ride found on inspection to be unsafe shall be closed to the public and shall not be reopened to the public until all necessary repairs and modifications have been completed and certified as completed by a QSI.
(d) Annual Division Records Audit and Inspection.
(1) Starting on December 4, 2002, a Division QSI shall annually audit the records pertaining to each permanent amusement ride, including, but not limited to, records of accidents, records of employee training, and records of maintenance, repair, and inspection of the ride.
(2) A Division QSI shall conduct an operational inspection in conjunction with the annual records audit. The operational inspection shall be conducted in two phases, as follows:
(A) One phase shall consist of an unannounced inspection conducted during business hours to observe the normal operation of the ride with passengers.
(B) The other phase, consisting of all other aspects of the operational inspection, shall be pre-announced and conducted without passengers present.
(e) Exception to subsections (a), (b), (c), and (d): The following provisions shall apply to each permanent amusement ride that is located within a county or other political subdivision of the State that, as of April 1, 1998, has adopted the provisions of Chapter 66 (commencing with section 6601.1) of the 1994 Uniform Building Code providing for the routine inspection of permanent amusement rides by counties and other political subdivisions of the State, provided that the Division determines that these inspections meet or exceed the inspection standards set forth in this Article:
(1) The ride shall not be subject to the inspection or records audit requirements of subsections (a), (b), or (d), to the extent that the county or other political subdivision provides inspections according to the same criteria as those specified in each of these subsections.
(2) The ride shall be subject to the requirements of subsection (c). However, the employer may elect to have the county or other political subdivision conduct the Annual QSI Inspection on the same basis that it may elect to have the Division conduct the Annual QSI Inspection, provided that the county or other political subdivision provides inspections according to the same criteria as those specified in subsection (c) and the owner or operator complies with all applicable deadlines for making written requests.
(f) Discretionary Division Inspections. A Division QSI may conduct an inspection to determine the safety of a permanent amusement ride, in a manner consistent with any reasonable safety concern raised by the information available to the Division, whenever the Division:
(1) Receives notification, or otherwise learns, of an accident involving the permanent amusement ride required to be reported pursuant to section 344.15;
(2) Determines that a fraudulent Certificate of Compliance for the permanent amusement ride was submitted;
(3) Determines, based on factors such as ride cycles or number of riders, that a permanent amusement ride has a disproportionately-high incidence of accidents when compared to other rides of similar type and design in the State of California; or
(4) Receives a complaint or otherwise becomes aware of information, when the complaint or information reasonably appears to be reliable and credible, that one of the safety-related systems or structural components of a ride is unsafe, or that a particular practice associated with a ride is unsafe.
(g) The Division shall cause the least possible disruption to the normal operation of a permanent amusement ride consistent with the effective completion of an inspection.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.9. Order Prohibiting Operation.
(a) If, after inspection by a Division QSI, the Division determines that a permanent amusement ride, or any part thereof, presents an imminent hazard or is otherwise unsafe for patrons, the Division may prohibit the operation of the ride, or any affected part thereof. The Division shall frame the scope of the prohibition with the narrowest scope reasonably necessary to ensure the protection of the public.
Exception No . 1: The Division shall not issue an Order Prohibiting Operation if the hazardous or unsafe condition can be corrected immediately and the operator, after being informed of the condition by the Division, immediately abates the hazardous or unsafe condition.
Exception No . 2: If an unsafe condition does not constitute an imminent hazard to patrons, the Division shall, prior to issuing an Order Prohibiting Operation, engage in an informal consultation with the owner or operator in an effort to resolve any factual questions or gather information relevant to determining whether the public operation of the amusement ride should be prohibited.
(b) The Division shall notify the owner or operator in writing of the grounds for prohibition of operation and of the conditions in need of correction at the time it issues the Order Prohibiting Operation.
(c) Operation of the permanent amusement ride shall not be reopened to the public until the conditions cited in the Order Prohibiting Operation have been corrected and approved by an authorized Division representative.
(d) The owner or operator may appeal any Order Prohibiting Operation. The Division shall conduct appeal proceedings in accordance with Labor Code Section 6327.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.10. Certification of a QSI.
(a) No person shall perform the services of a QSI for permanent amusement rides unless he or she possesses a current, valid QSI Certificate issued by the Division.
(b) An application for certification as a QSI shall be made to the Division on a form prescribed by the Division, which shall require the applicant to provide information limited to his or her name, social security number, mailing address, daytime telephone number, two passport photographs, and information required to satisfy subsection (c).
(1) All statements on the application shall be made under penalty of perjury.
(2) Within 20 business days of receipt of an application for certification as a QSI, the division shall notify the applicant in writing that the application is complete and accepted for filing or incomplete and what additional evidence, documentation, or information is necessary to complete the application. An application shall be considered to be complete once all evidence, documentation, and information required by subsection (c)(1) or (c)(2) have been submitted.
(3) Within 20 business days of receipt of a completed application, the Division shall notify the applicant in writing of its decision to approve or disapprove the application. If the application is made pursuant to subsection (c)(2), the Division shall, upon approval of the application, allow the applicant to sit for an examination pursuant to subsection (c)(2)(D).
(4) If the applicant has qualified for certification under subsection (c)(1), the Division shall issue a QSI Certificate to the applicant upon approval of the application. If the applicant has qualified for certification under subsection (c)(2), the Division shall issue a QSI Certificate to the applicant upon completion of the QSI Examination with a score of at least 80% as required by subsection (c)(2)(D).
(c) To be eligible for certification as a QSI, an applicant shall qualify as either a licensed engineer or as a non-engineer.
(1) To qualify as a licensed engineer, the applicant shall do all of the following:
(A) Provide satisfactory evidence that the applicant is a licensed engineer and has completed at least two years of experience in the amusement ride field, consisting of at least one year of actual inspection of amusement rides for a manufacturer, government agency, amusement park, carnival or insurance underwriter, and an additional year of practicing any combination of amusement ride inspection, design, fabrication, installation, maintenance, testing, repair, or operation.
(B) Provide any other information reasonably requested by the Division.
(2) To qualify as a non-engineer, the applicant shall do all of the following:
(A) Provide satisfactory evidence of completing a minimum of five years of experience in the amusement ride field, at least two years of which consisted of actual inspection of amusement rides for a manufacturer, government agency, amusement park, carnival or insurance underwriter. The remaining experience may consist of any combination of amusement ride inspection, design, fabrication, installation, maintenance, testing, repair, or operation.
(B) Provide any other information reasonably requested by the Division.
(C) Produce a valid certificate from a QSI Training Program approved by the Division pursuant to section 344.11, evidencing the applicant's successful completion of 80-hour QSI certification training. For the purposes of this subsection, the training must have been completed within the past five years as of the time the application is made, but must not have been received earlier than January 1, 1999.
Note : A certificate of completion from an approved QSI Training Program which is based on training received prior to the date this Article takes effect is acceptable if the course work has been retroactively approved pursuant to section 344.11(f).
Exception: An applicant may apply up to 40 hours of successfully completed nondestructive testing (NDT) training toward completion of the requirement for 80 hours of QSI certification training from an approved QSI Training Program. For the purposes of this exception, an acceptable NDT training course is one offered by an instructor certified by the American Society for Nondestructive Testing, Inc. ( "ASNT") Nondestructive Training Level III, and covering the test method body of knowledge as described in the ASNT Recommended Practice No. SNT-TC-1A, 1996. The applicant shall provide all documentation or evidence reasonably necessary to demonstrate that the NDT training sought to be applied toward the 80-hour requirement meets these criteria. Other NDT courses shall be considered to be acceptable if the QSI applicant can demonstrate that the course instructor and content are equally effective in imparting skills and subject matter to attendees that are necessary for competent inspection of permanent amusement rides. No course shall be considered acceptable if the Division reasonably determines that the subject matter is insufficiently related to the inspection of permanent amusement rides to qualify as substitutable NDT training, or if the Division reasonably determines that the manner of instruction is insufficiently managed or monitored to be considered bona fide training.
(D) Achieve a score of at least 80% on a written examination (QSI Examination) pertaining to the subjects addressed in this Article and Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title and subject matter applicable to the safe operation of permanent amusement rides. The examination shall be given during the Division's normal business hours in Sacramento or Anaheim at a time convenient to the applicant.
Note : The examination shall not require knowledge of any requirements in Subchapter 6.2 unless and until Subchapter 6.2 has been adopted and takes effect.
(d) A QSI Certificate shall be valid for a period of two years from the date of issuance.
(e) Application for renewal of a QSI Certificate shall be made to the Division on a form prescribed by the Division, which shall require the certificate holder to provide his or her name and daytime telephone number.
(1) All statements on the renewal application shall be made under penalty of perjury.
(2) Each application shall be accompanied by the application fee fixed by section 344.16(b).
(3) The applicant shall provide evidence of having completed, during the previous biennial renewal cycle, at least 30 hours of training from the continuing education component of a QSI Training Program approved pursuant to section 344.11(c). This training shall include inservice industry or manufacturer updates and seminars.
(4) The applicant shall provide any additional information reasonably requested by the Division.
(5) Within 10 business days of receipt of an application for renewal of a QSI certificate, the Division shall notify the applicant in writing either that the application is complete and accepted for filing or deficient and what specific information is required to complete the application. Within 10 business days of receipt of a completed application for certification as a QSI or an application for renewal of a QSI certificate, the Division shall notify the applicant of its decision to approve or disapprove the application.
(f) The Division shall determine whether the applicant meets the criteria necessary for certification or renewal of certification pursuant to this Article and Part 8.1 of Division 5 of the Labor Code, and shall approve or disapprove the application for certification or renewal of certification accordingly.
(g) The Division may revoke or suspend the certification of a QSI, upon determining that the holder:
(1) Has submitted a fraudulent inspection report to the Division or to the owner or operator of a permanent amusement ride; or
(2) Has not performed competently as a QSI.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.11. Approval of QSI Training Programs.
(a) A school or training provider may apply to the Division for approval of a QSI Training Program (referred to in this section as "Program") by submitting the following information:
(1) The name(s) of the training courses offered by the Program.
(2) The name, title, business address, and phone number of the person whom the Division will contact regarding Program approval matters, a statement certifying that the information provided with the application is true and correct to the best of the applicant's knowledge, and the name title, business address, and phone number of the person signing the declaration if different from the person who will be the Division's contact.
(3) Materials describing the subject matter and hours of instruction of each course required by the Program, with an explanation as to which courses are to apply toward:
(A) The QSI certification training requirements of section 344.10(c)(2)(C);
(B) QSI certification training requirements based on completion of up to 40 hours of NDT training as allowed by the exception to section 344.10(c)(2)(C); and
(C) The QSI continuing education requirements of section 344.10(e)(3).
Note : A school or training provider may offer any or all of the above three options.
(4) The name(s) and qualifications of the instructor(s) of the Program.
(5) Any other information reasonably requested by the Division.
(b) Processing of Application.
(1) Within 20 business days of receipt of an application for approval, the Division shall inform the applicant in writing whether the submitted application information is complete or additional information needs to be submitted.
(2) Within 45 business days of receipt of a completed application for approval, the Division shall inform the applicant that the Program is approved or inform the applicant that the application for approval is denied, specifying the reasons for denial.
(c) Criteria for Approval. Upon receiving complete application materials from the provider, the Division shall determine whether the applicant meets the criteria necessary for approval pursuant to this Article and the Permanent Amusement Ride Safety Inspection Program, Labor Code section 7920 et seq., and shall approve or disapprove the application accordingly. The approval shall specify each component of QSI Training, as described in section 344.11(a)(3), to which the approval applies. To qualify for approval, the applicant shall demonstrate that its Program will meet all of the following requirements:
(1) Ensure that the instructor for each course required by the Program is experienced in the subject matter of the course.(2) Ensure that the course content is current and will be kept current. (continued)