1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Accepted engineering practice” means engineering practice that conforms to accepted principles, tests, or standards of nationally recognized technical or scientific authorities including, but not limited to, ASTM.
   2. (2) “ASTM” means ASTM International, originally known as the American Society for Testing and Materials.
   3. (3) “Containing device” means a strap, belt, bar, gate, or other safety device designed to prevent accidental or inadvertent dislodgement of a rider from an amusement attraction, that does not provide physical support.
   4. (4) “Design load” means the load established by the manufacturer for normal operation, with required factors of safety and design to withstand both static and dynamic loads, including dead, live, and wind loads and impact.
   5. (5) “Fail-safe” means a characteristic of an amusement attraction or component of an amusement attraction that is designed so that the normal and expected failure mode results in a safe condition.

   6. (6) “Fence” means a type of barrier:

      1. (a) Consisting of, but not limited to, posts, boards, wire, stakes, or rails; and
      2. (b) Used to inhibit an individual from coming into contact with the moving portion or restricted portion of an amusement attraction.
   7. (7) “Owner” has the meaning stated in Business Regulation Article, §3-101, Annotated Code of Maryland.

   8. (8) “Qualified person” means a person who:

      1. (a) By extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the work; or
      2. (b) Possesses a recognized degree, certificate, or professional standing.

   9. (9) “Rated capacity” means a capacity:

      1. (a) Established by the manufacturer for the normal loading and operation of an amusement attraction; or
      2. (b) If the manufacturer has not established a capacity, as established by the Commissioner after inspection.
   10. (10) “Restraining device” means a safety belt, harness, chain, bar, or other device that affords physical support, retention, or restraint to a rider on an amusement attraction.

   11. (11) Rider.

       1. (a) “Rider” means any person who is:

          1. (i) Getting on an amusement attraction;
          2. (ii) Using an amusement attraction; or
          3. (iii) Getting off an amusement attraction.
       2. (b) “Rider” does not include employees of the amusement attraction owner while engaged in the duties of their employment.
   12. (12) “Safety retainer” means a secondary safety rope, bar, attachment, or other device designed to prevent parts of an amusement attraction from becoming disengaged from the mechanism or from tipping or tilting in a manner to cause hazard to a person near or riding on an amusement attraction.

Authority: Business Regulation Article, §§3-302, 3-307—3-313, Annotated Code of Maryland

Effective date: December 30, 1977 (4:27 Md. R. 2105)

Regulations .02L, .04B, .11F, and .16E and F amended effective February 14, 1983 (10:3 Md. R. 209)

Regulation .07A amended effective June 15, 1987 (14:12 Md. R. 1349)

Regulation .07D adopted effective August 26, 1985 (12:17 Md. R. 1705)

Regulation .07E adopted effective June 15, 1987 (14:12 Md. R. 1349)

Regulation .10 repealed effective August 26, 1985 (12:17 Md. R. 1705)

Regulation .11E amended effective June 15, 1987 (14:12 Md. R. 1349)

Regulations .15B and .16C amended effective August 26, 1985 (12:17 Md. R. 1705)

Regulation .16C amended effective June 15, 1987 (14:12 Md. R. 1349)

Regulation .16G adopted effective June 15, 1987 (14:12 Md. R. 1349)

Regulation .16H adopted effective June 15, 1987 (14:12 Md. R. 1349)

Regulation .18 adopted effective June 15, 1987 (14:12 Md. R. 1349)

Chapter revised effective January 23, 1989 (16:1 Md. R. 68)

Chapter revised effective May 28, 1990 (17:10 Md. R. 1219)

Regulation .04F adopted effective June 22, 1992 (19:12 Md. R. 1133)

Regulation .07 amended effective April 26, 1993 (20:8 Md. R. 723)

Regulation .08 amended effective April 26, 1993 (20:8 Md. R. 723); January 25, 1999 (26:2 Md. R. 106)

Regulation .11E amended effective November 25, 1991 (18:23 Md. R. 2487)

Regulations .01—.20, repealed and new Regulations .01—.20 adopted effective March 24, 2008 (35:6 Md. R. 697)

Chapter revised effective November 1, 2022 (49:21 Md. R. 951)