New Jersey Dept. of Community Affairs

Jurisdiction: 
New Jersey
Agency: 
Dept. of Community Affairs
Overview
Unless otherwise indicated, "devices covered" includes mechanical rides at amusement parks, carnivals and fairs.
Devices Covered: 

Includes mechanical amusement devices; gravity or passenger-propelled rides when located with other rides covered by the rules; soft play, inflatables at public events, go-karts, bungee, climbing walls, and water rides except single slides < 15' tall (intended for pools open to the general public).

Inspection Program: 

Manufacturers must have their ride/device type-certified through review by state engineers prior to selling the ride for operation in NJ. Rides/devices operated in NJ are inspected annually by state officials. Mechanical and operational inspections are also done at random intervals during the season.

Investigative Authority: 

State inspectors are authorized to investigate accidents.

Reporting Criteria: 

Owner/operators must report accidents, incidents or mechanical breakdowns.
(a) Shut down the ride and report immediately - incidents involving death or serious injury, ejection from the ride or failure of a critical structural or mechanical component. The ride shall stay shut down until opened by the Department. "Serious injury" means any injury in which the injured person has lost consciousness, broken a bone, was transported to an emergency medical facility or an injury for which medical treatment by a physician beyond first aid was required.
(b) Report within 24 hours - incidents involving a ride-related injury requiring first aid or any mechanical malfunction or emergency evacuation.
When the manufacturer is notified by an owner of an incident anywhere in the world involving serious injury or a critical structural or mechanical component of the ride, they must evaluate the information and if necessary they must issue a safety bulletin. In any case they must notify the Department of the incident and shall report their findings regarding any recommendations to eliminate or prevent future similar incidents.

(Note: reporting criteria changed in 2003; prior to change, owner/operators were required to report any injury)

Patron Responsibility Law: 

§ 5:14A-3.2 Riders to comply with posted warnings and directions
(a) Each individual who rides a carnival-amusement ride shall comply with written warnings and directions posted by the operator of the carnival-amusement ride according to these rules. These include:
1. Height, weight, and size restrictions, if any, in accordance with N.J.A.C. 5:14A-9.34;
2. Rider warning signs in accordance with N.J.A.C. 5:14A-9.34;
3. Rider conduct signs in accordance with N.J.A.C. 5:14A-9.33; and
4. Any other signs or warning posted by the operator with the express intent to protect the safety and well being of riders, equipment and operators.
§ 5:14A-3.3 Riders under the influence of alcohol or drugs
A rider shall not board or attempt to board any amusement ride if he/she is knowingly under the influence of any alcoholic beverage as defined in N.J.S.A. 33:1-1 or under the influence of any prescription, legend drug or controlled dangerous substance as this term is defined P.L. 1970, c.226 (N.J.S.A. 24:21-1 et al.) or any other substance which affects the rider's ability to use the ride safely and to abide by the posted and stated instructions.

Date of last update: 
April 9, 2017