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09.12.66 - Division of Labor and Industry - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 39, ISSUE 23,
FRIDAY, NOVEMBER 16, 2012

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION
Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.66 Inflatable Amusement Attractions

Authority: Business Regulation Article, §§3-307—3-313 and 3-402, Annotated Code of Maryland

Notice of Proposed Action
[12-298-P-I]

The Commissioner of Labor and Industry proposes to adopt new Regulations .01—.21 under a new chapter, COMAR 09.12.66 Inflatable Amusement Attractions. This action was considered by the Amusement Ride Safety Advisory Board at a public meeting held on June 22, 2012, notice of which was given in 39:11 Md. R. 730 (June 1, 2012), pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to implement Ch. 21, Acts of 2009, effective October 1, 2009, and Ch. 48, Acts of 2012, effective October 1, 2012, which require the annual inspection of inflatable amusement attractions by the Commissioner of Labor and Industry.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact.
Amusement attractions, including certain inflatable attractions, are to be inspected each time they are modified or moved to a new location. Ch. 21, Acts of 2009, exempts inflatable amusement
attractions from that inspection schedule and requires the annual inspection of inflatable amusement attractions by the Commissioner of Labor and Industry. Ch. 48, Acts of 2012, limits the inspection of inflatable attractions to those 4 feet or more above the ground. The Department anticipates a significant savings in overtime pay as many of the inflatable attractions operate during the weekend when inspectors receive overtime pay.

 
Revenue (R+/R-)
 
II. Types of Economic
Impact.
Expenditure
(E+/E-)
Magnitude

A. On issuing agency: E- $7,700
 
B. On other State agencies: NONE
 
C. On local governments: NONE
Benefit (+)
Cost (-)
Magnitude

D. On regulated industries or trade groups: NONE
 
E. On other industries or trade groups: NONE
 
F. Direct and indirect effects on public:
 

III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. The Department of Labor, Licensing, and Regulation estimates a 15 percent savings, or $7,700 in overtime expenditures.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Debbie Stone, Regulations Coordinator, Department of Labor, Licensing, and Regulation, Division of Labor and Industry, 1100 N. Eutaw Street, Room 606, Baltimore, Maryland 21201, or call 410-767-2225, or email to dstone@dllr.state.md.us, or fax to 410-767-2986. Comments will be accepted through December 17, 2012. A public hearing has not been scheduled.

 

Editor‘s Note on Incorporation by Reference

Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the ASTM International Standards on Amusement Rides and Devices: 7th Edition, F2374—04 Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices (2004) (ASTM F2374-04) has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 39:2 Md. R. 104 (January 27, 2012), and is available online. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

 

.01 Purpose.
  A. This chapter establishes safety standards for the installation, assembly, repair, maintenance, use, operation, disassembly, and inspection of inflatable amusement attractions operated in the State.
  B. COMAR 09.12.62 does not apply to inflatable amusement attractions.

.02 Incorporation by Reference.
In this chapter, the following documents are incorporated by reference to the extent that they are referenced in this chapter:
  A. The ASTM International Standards on Amusement Rides and Devices: 7th Edition, F2374—04 Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices (2004) (ASTM F2374-04); and
  B. The National Electrical Code, ANSI/NFPA #70-2005, which is incorporated by reference in COMAR 20.50.02.02.

.03 Definitions.
  A. In addition to terms defined in Business Regulation Article, §3-101, Annotated Code of Maryland, in this chapter the following terms have the meanings indicated.
  B. Terms Defined.
    (1) “ASTM” means ASTM International, originally known as the American Society for Testing and Materials.
  (2) “Attendant” means a person assigned to assist the operator in attending to the safety needs of users.
    (3) “Certificate of inspection of an inflatable amusement attraction” means a certificate issued by the Commissioner of Labor and Industry.
    (4) “Exit” means a doorway or other opening affording safe and unobstructed egress.
    (5) “Fire official” means the authority having jurisdiction in the locality over matters relating to fire prevention and explosion.
    (6) “Inflatable amusement attraction” means an air-supported amusement attraction that:
      (a) Incorporates a structural and mechanical system; and
      (b) Uses a high strength fabric or film that achieves its strength, shape, and stability by tensioning from internal air pressure.
    (7) “Inflatable Amusement Attraction Daily Inspection and Daily Pre-Opening Checklist” means the Commissioner of Labor and Industry’s form to be completed by the owner prior to the operation of an inflatable amusement attraction.
    (8) “Operator” means a person who is trained and who is capable of identifying existing and predictable hazards involving the inflatable amusement attraction operation, and has the authority to control and eliminate any hazards.
    (9) “Owner” means a person, the State or a political subdivision of the State that owns an inflatable amusement attraction, or if the amusement attraction is leased, the lessee.
    (10) “Qualified person” means a person who has successfully demonstrated the ability to solve or resolve problems related to the subject matter or the work:
      (a) By possession of a recognized degree, certificate, or professional standing; or 
      (b) By extensive knowledge, training, and experience.
    (11) “Rated capacity” means a capacity:
      (a) Established by the manufacturer for the normal loading and operation of an inflatable amusement attraction by weight or number of users; or
      (b) If the manufacturer has not established a capacity, as established by the Commissioner after inspection.
    (12) “Safety work order” means a written demand issued by an authorized representative of the Commissioner to perform work that has potential safety impact if not corrected.
    (13) Serious Physical Injury.
      (a) “Serious physical injury” means, for the purposes of this regulation, an injury that requires medical treatment by a physician other than one-time first aid.
      (b) “Serious physical injury” does not include:
        (i) An injury that does not ordinarily require medical treatment, such as a minor burn, splinter, contusion, scratch, or cut not requiring stitches; or
        (ii) A diagnostic procedure, including examination and X-ray, even though provided by a physician or other licensed professional personnel.
    (14) “Special inflated amusement structure” means a fun house, dark ride, walk through, haunted house, or any other similar inflated amusement attraction that uses air pressure to support the walls and roof of the structure.
    (15) User.
      (a) “User” means any person who is a participant in the use of an inflatable amusement attraction as defined by the manufacturer’s specifications.
      (b) “User” does not include employees of the inflatable amusement attraction owner while engaged in the duties of their employment.

.04 General Responsibility for Compliance.
  A. Each owner of an inflatable amusement attraction erected in the State shall:
    (1) Comply with the provisions of this chapter; and
    (2) Ensure that the manufacturer’s recommendations, specifications, and other requirements relating to safety in the erection, operation, maintenance, repair, and disassembly of the inflatable amusement attraction are followed.
  B. In the event of a conflict between a regulation under this chapter and a manufacturer’s specification, the owner shall comply with the provision that best ensures the safety of the public as determined by the Commissioner or his authorized representative.

.05 Registration, Inspection, and Notice of Operation.
  A. Except as specified by law, an owner may not operate an inflatable amusement attraction unless the Commissioner has issued a certificate of inspection of an inflatable amusement attraction.
  B. Annually, each owner shall register with the Commissioner those inflatable amusement attractions that the owner intends to operate in Maryland that year and file a certificate of insurance indicating that the owner has obtained insurance in the amount of at least $200,000 against liability for injury to an individual that arises out of the use of the inflatable amusement attraction.
  C. Request for Certificate Inspection.
    (1) Each owner requiring a certificate inspection of an inflatable amusement attraction shall notify the Commissioner that the inflatable amusement attraction is ready for inspection by submitting a completed inspection request form at least 30 days in advance of the anticipated operation date.
    (2) If there is a cancellation or change in the schedule of location or dates after initial notification, an owner shall:
      (a) Immediately notify the Commissioner by telephone; and
      (b) Promptly confirm the change in writing.
    (3) If an owner is unable to provide the Commissioner with the required 30-day advance notice, the owner shall submit to the Commissioner an inspection request form along with a detailed explanation of the reason for the lack of advance notice. The Commissioner may grant the inspection request contingent upon the availability of State resources.
    (4) The inspection request form shall be furnished by the Commissioner.
  D. Notice of Operation.
    (1) At least 5 business days in advance of anticipated operation of an inflatable amusement attraction with a current certificate of inspection, an owner of an inflatable amusement attraction shall submit to the Commissioner an itinerary of scheduled locations and dates.
    (2) If there is a cancellation or change in the schedule of location or dates after submission of the itinerary, an owner shall:
      (a) Immediately notify the Commissioner by telephone, email, or fax; and
      (b) If by telephone, promptly confirm the change in writing.

.06 Inspections.
  A. Inspection Hours.
    (1) Inflatable amusement attraction inspections will normally be conducted during the business hours of 8 a.m. through 5 p.m., Monday through Friday, excluding holidays.
    (2) The Commissioner may schedule inspections at other times when the Commissioner determines that there are extenuating circumstances.
  B. The Commissioner may review the following as part of the inspection:
    (1) The Daily Inspection Pre-Opening Checklist;
    (2) The owner’s manual; and
    (3) Other information as requested including, but not limited to, the manufacturer’s specifications.
  C. If after an inspection the Commissioner determines that corrective action is necessary, the Commissioner may issue a safety work order that details the required corrective action, including the time allowed for abatement of each action.
  D. In response to the issuance of a safety work order, the Commissioner may:
    (1) Grant an extension of the time allowed to abate the action;
    (2) Deny or revoke a certificate of inspection of an inflatable amusement attraction; or
    (3) Issue a citation with a penalty.
  E. If required, a certificate of inspection of an inflatable amusement attraction shall be posted in public view on or in front of the inflatable amusement attraction for which the certificate is issued.

.07 Special Inflated Amusement Structures.
  A. For a special inflated amusement structure located in an amusement park, carnival, or fair, the owner shall make a request to the fire official for the jurisdiction where the amusement attraction is located for fire safety inspection:
    (1) Before operation at each location; and
    (2) When there is a change in construction, materials, or decorations.
  B. Exits.
    (1) At least two exits remote from each other shall be provided for each floor, tier, room, or balcony in a structure that contains a special inflatable amusement structure.
    (2) An exit may not be less than 22 inches wide.
  C. A certificate of inspection for an inflatable amusement attraction issued by the Commissioner is valid for the inflatable attraction only and does not address fire safety issues that may
require review by the local fire official.

.08 Information Panel and State Registration Sticker.
  A. Information Panel.
    (1) The information panel shall include the following, as applicable:
       (a) Serial number, which is a manufacturer-issued or owner-issued unique identifying number;
      (b) Name of the inflatable amusement attraction;
      (c) Manufacturer of the inflatable amusement attraction;
      (d) Date of manufacture, which is the month and year of manufacture, as determined by the manufacturer, if known;
      (e) Direction of travel, if the direction of travel is essential to the safe operation of the inflatable amusement attraction; and
      (f) Rated capacity in weight or number of users.
    (2) An information panel:
      (a) Is required for each inflatable amusement attraction;
      (b) Shall be printed in English; and
      (c) Shall be designed to remain legible for the expected life of the inflatable amusement attraction.
  B. State Registration Sticker.
    (1) The Commissioner shall issue a State registration number and State registration sticker to each registered inflatable amusement attraction.
    (2) If the registration number is no longer legible, the owner shall notify the Commissioner for issuance of a replacement State registration sticker.
  C. Each inflatable amusement attraction shall have the State registration sticker on site in a readily visible location on the inflatable amusement attraction.

.09 Operation.
  A. Each owner shall obtain the manufacturer’s operations manual and shall:
    (1) Read and become familiar with the contents of the manufacturer’s recommended operating instructions and specifications;
    (2) Keep the manufacturer’s operations manual on location with the inflatable amusement attraction; and
    (3) Provide a copy of the manufacturer’s operations manual, in English, to the Commissioner on request.
  B. Except as provided in §C of this regulation, an owner shall ensure that an inflatable amusement attraction is operated in accordance with ASTM F2374-04.6.
  C. The owner shall set up and operate an inflatable amusement attraction in accordance with the following:
    (1) Inflatable amusement attractions may not be operated when the wind speed is 25 mph or greater;
    (2) Anchorage points installed near an entrance or exit of an inflatable amusement attraction shall be connected in such a manner as to minimize the potential for tripping, abrasions, or other injuries;
    (3) Blowers and inflation tubes shall be positioned to prevent kinks or bends in the inflation tube;
    (4) Blowers and inflation tubes may not impede the ingress to or egress from the inflatable amusement attraction; and
    (5) Inflatable amusement attractions shall be anchored or secured in accordance with the manufacturer’s specifications or the following requirements:
      (a) The on-ground anchor weight used for inflatable amusement attractions shall be at least 75 pounds for bounce-type rides;
      (b) The on-ground anchor weight for slide-type rides over 15 feet tall shall be at least 500 pounds for each installed anchor position;
      (c) Anchors shall be used at all of the manufacturer’s required positions at all times for both indoor and outdoor use;
      (d) Anchors can be straight stakes, screw stakes, ground weights, or sandbag ground anchors, and must comply with the following:
         (i) If straight stakes are used, they must range from 30 inches to 42 inches in length with at least 75 percent or more of the length in the ground; and
        (ii) The ends of the stakes should be covered to prevent a tripping hazard;
      (e) Tie-downs should be attached to a secure device or permanent structure and attached so that they cannot slip off the anchor during use;
      (f) Tie-downs should not be attached to motor vehicles; and
      (g) Tie-downs should comply with manufacturer’s specifications or have a minimum tensile strength of 3,700 pounds or 370 pounds safe working load.
  D. Operator, Attendant, and User Operating Requirements.
    (1) For an inflatable amusement attraction less than 15 feet in height, the owner shall provide the appropriate number of operators and attendants as specified by the manufacturer.
    (2) For an inflatable amusement attraction over 15 feet in height, the owner shall follow the manufacturer’s specifications as to the appropriate number of operators and attendants, but a minimum of one operator and one attendant shall be provided.
    (3) For an inflatable amusement attraction over 15 feet in height, the owner shall follow the manufacturer’s specifications as to maximum number of users.
    (4) If the manufacturer’s specifications do not provide the number of users, there shall be no more than two users on the attraction and two users in a queue at any one time.
  E. General Owner Obligations.
    (1) The owner shall have a prohibition on the use of drugs and alcohol for operators and attendants during the performance of their duties.
    (2) The owner shall prevent the use of an inflatable amusement attraction when the attraction is not in operation.
    (3) The owner shall ensure that the amusement attraction is positioned at a location so that the operator has a clear view of the user loading and unloading areas.
    (4) The owner shall ensure that a designated operator shall operate only one inflatable amusement attraction at a time.
  F. Operators.
    (1) The owner shall ensure each inflatable amusement attraction is under the direct control of an operator who has been trained in the operation of the assigned inflatable amusement
attraction.
    (2) The owner shall ensure that a designated operator:
      (a) Does not operate any inflatable amusement attraction while under the influence of drugs or alcohol;
      (b) Knows the use and function of all operating controls, signal systems, and safety devices applicable to the inflatable amusement attraction;
      (c) Knows the proper user loading sequence and capacity of the particular inflatable amusement attraction being operated;
      (d) Remains stationed at the inflatable amusement attraction during operation;
      (e) Has control of the inflatable amusement attraction at all times; and
      (f) Enforces applicable restrictions.
  G. Operator and Attendant Identification.
    (1) An owner shall issue to each operator and attendant identification that is highly visible.
    (2) The identification shall clearly indicate the following:
      (a) The title, that is, operator or attendant;
      (b) Either the name of the operator or attendant or an identification number; and
     (c) The name of the inflatable amusement attraction company.
    (3) Before issuing any identification, the owner shall train the operator and the attendant in accordance with §H of this regulation.
  H. Operator and Attendant Training.
    (1) The owner shall provide training to each operator and attendant of an inflatable amusement attraction.
    (2) An owner shall train operators and attendants in the following:
      (a) Specific inflatable amusement attraction operational policies and procedures consistent with the manufacturer’s instructions;
      (b) Specific duties and responsibilities of the operator and the attendant;
      (c) Emergency procedures in the event of an abnormal condition, interruption of power, or severe environmental conditions;
      (d) Instructions on general safety procedures; and
      (e) Additional instructions considered necessary by the owner.
    (3) As part of the training, the owner shall observe and document each operator’s and attendant’s ability to operate an inflatable amusement attraction.
  I. Daily Inspection Program.
    (1) The owner shall ensure that each inflatable amusement attraction is inspected and tested by a qualified person each day before operation, with a daily preopening inspection program that complies with this subsection.
    (2) The daily preopening inspection program shall include, but not be limited to, the following:
      (a) Inspection and testing of all user-carrying devices, including tie-downs, anchors, blowers, and electrical systems;
      (b) Inspection and testing of all automatic and manual safety devices;
      (c) Inspection and testing of control devices, and other equipment provided for safety;
      (d) Visual inspection of all fencing, gates, and guardrails;
      (e) Visual inspection of the inflatable amusement attraction structure, supports, electrical components, and wiring;
      (f) Inspection of entrances, exits, stairways, ramps, and the area surrounding the inflatable amusement attraction; and
      (g) Confirmation of functioning communication system and, where necessary, testing of all communication equipment.
    (3) The owner of an inflatable amusement attraction shall ensure that the Inflatable Amusement Attraction Daily Inspection and Daily Pre-Opening Checklist is properly filled out and signed at the completion of the daily pre-opening program.
    (4) A copy of the Inflatable Amusement Attraction Daily Inspection and Daily Pre-Opening Checklist shall be provided to the Commissioner on request.
    (5) Worn and damaged components shall be repaired or replaced immediately and before operation.

.10 Accident Reporting.
  A. Immediately after an accident involving serious physical injury resulting from the operation of an inflatable amusement attraction, an owner shall orally notify the Commissioner.
  B. An owner shall submit a written accident report to the Commissioner within 24 hours.
  C. The report shall contain the following:
    (1) Date and time of the accident;
    (2) Name, address, and telephone number of the injured person and parent or guardian information if the injured person is a minor;
    (3) Age and sex of the injured person;
    (4) Name and manufacturer of the inflatable amusement attraction;
    (5) Description of the injury;
    (6) Description of events related to the accident; and
    (7) Name, address, and phone number of the inflatable amusement attraction operator and attendant.
  D. The Commissioner may prohibit the use of an inflatable amusement attraction after an accident if the Commissioner determines the following:
    (1) The inflatable amusement attraction violates a regulation under this title; or
    (2) There is a substantial probability of death or serious physical injury from continued use of the inflatable amusement attraction.

.11 Records and Reports.
  A. The Inflatable Amusement Attraction Daily Inspection and Daily Pre-Opening Checklist shall be:
    (1) Signed by the person performing the inspection immediately upon completion of the inspection;
    (2) Kept with the inflatable amusement attraction or at an onsite office; and
    (3) Maintained for at least 30 days.
  B. Identification Records. An owner shall maintain a record of the name and identification number of each operator and attendant with the following information:
    (1) Inflatable amusement attraction that the operator and attendant operated; and
    (2) The date and location of operation.
  C. Record of Training.
    (1) Each owner shall:
      (a) Maintain a record of training provided to each operator and attendant; and
      (b) Provide the Commissioner with a copy of the record of training on request.
    (2) The training record shall indicate the following for each operator and attendant:
       (a) The name or identification number;
       (b) A detailed description of the training provided; and
      (c) A list of all the inflatable amusement attractions for which the operator and attendant received training.

.12 Design Criteria.
  A. An owner shall ensure that an inflatable amusement attraction is designed and manufactured in accordance with the criteria set forth in ASTM F2374-04.5.
  B. Upon request, an owner shall provide the Commissioner with information to document compliance with §A of this regulation.
  C. Copies of all documents provided to the Commissioner shall be in English.

.13 Access, Egress, and Walking Surfaces.
  A. Access to and egress from all inflatable amusement attractions shall be free from all recognized hazards.
  B. All walking surfaces including, but not limited to, loading and unloading areas, platforms, landings, stairs, and ramps shall be stable and slip-resistant.
  C. If there is the potential for exposure to a fall distance exceeding 30 inches, the owner shall take steps to prevent such falls.

.14 Signage.
  A. When a manufacturer or the Commissioner requires a restriction on the use of an inflatable amusement attraction, such as the age or weight of a user, a legible sign indicating the restriction shall be posted in full view of individuals seeking admission to the inflatable amusement attraction.
  B. The location of the sign shall be:
    (1) At the location specified by the manufacturer;
    (2) At the entrance of the inflatable amusement attraction; or
    (3) Close to the inflatable amusement attraction.

.15 General Environment.
  A. All manufacturer wind-related and weather-related restrictions shall be complied with.
  B. In the event of lightning, winds gusting in excess of 25 mph, a tornado watch, a severe storm predicted within a 5 mile radius, fire, or other disturbance, an owner shall implement the following:
    (1) Users shall be unloaded or evacuated safely from the inflatable amusement attraction immediately; and
    (2) The inflatable amusement attraction shall be closed and secured immediately.
  C. Illumination.
    (1) Each inflatable amusement attraction, including entrances and exits, shall be illuminated to provide adequate visibility of the surfaces used.
    (2) For the assembly and disassembly of inflatable amusement attractions, all work areas shall be illuminated to provide adequate visibility.

.16 Fire Protection.
  A. Flammable and Combustible Liquids.
    (1) An owner shall store and handle flammable and combustible liquids consistent with the applicable National Fire Protection Association (NFPA) standards.
    (2) An owner may not handle or fuel equipment with flammable liquids within 20 feet of an inflatable amusement attraction.
    (3) An owner shall store flammable and combustible liquids at least 75 feet from an inflatable amusement attraction or other sparkproducing equipment.
  B. Fire Extinguishers.
    (1) An owner shall provide at least one portable fire extinguisher listed and labeled with a 10-B:C rating.
    (2) The fire extinguisher shall be located not less than 25 feet, or more than 75 feet, from any:
      (a) Flammable or combustible liquid storage; or
      (b) Portable electric generator.

.17 Equipment and Materials.
  A. Guarding.
    (1) The owner shall ensure that machinery is guarded to prevent contact with belts, fan blades, or similar moving components.
    (2) Guards shall be:
      (a) Designed to perform a specific task;
      (b) Properly secured; and
      (c) Properly maintained in a condition consistent with the intent of the guard’s design.
    (3) Before a guard is removed for maintenance purposes:
      (a) The equipment shall be locked out or tagged out; and
      (b) The guard shall be replaced before normal operation is resumed.
    (4) A guard shall be designed so that it does not pose a hazard itself.
  B. Portable Electric Generators.
    (1) A portable electric generator is not required to be grounded if the portable electric generator:
      (a) Supplies only equipment mounted on the generator; or
      (b) Supplies power to the equipment through receptacles mounted on the generator that are connected by plug and cord and single extensions.
    (2) If a portable electric generator does not comply with §B(1) of this regulation, the owner shall ensure that a grounding electrode, such as a ground rod, is used for any fault current.
    (3) A portable electric generator shall be listed and labeled by a Nationally Recognized Testing Laboratory.
    (4) A portable electric generator may not be located:
      (a) Near user or pedestrian traffic; or
     (b) In locations that may be hazardous.

.18 Location and Operation.
  A. Assembly and Disassembly.
    (1) The assembly and disassembly of an inflatable amusement attraction shall be performed:
     (a) In accordance with the manufacturer’s procedures and specifications; and
     (b) Using only manufacturer specified components, fasteners, tools, replacement parts, and materials.
    (2) During assembly, parts shall be closely inspected to discover excessively worn or damaged parts.
  B. Location.
     (1) Placement of the inflatable amusement attraction at the location where it is to be operated shall ensure that:
       (a) The inflatable amusement attraction will be on a level and stable surface;
      (b) The inflatable amusement attraction is compliant with manufacturer specifications;
      (c) There is continuous pedestrian traffic flow; and
      (d) It is accessible by emergency personnel.
     (2) Tie-Downs.
       (a) Tie-downs and anchors used to support an inflatable amusement attraction may not create a tripping or impalement hazard.
      (b) The immediate area surrounding the inflatable amusement attraction shall be clear of:
        (i) Trees and shrubs, if they pose a hazard;
         (ii) Trash; and
         (iii) Other tripping hazards including, but not limited to, pot holes.
  C. Clearances.
     (1) Except for equipment required for operation of the inflatable amusement attraction, there shall be side and overhead clearances of at least 48 inches between an inflatable amusement attraction and any other object.
    (2) Except for conductors supplying power to the device, an inflatable amusement attraction may not operate under or within 15 feet of any power lines.

.19 Electrical Requirements.
  A. Electrical systems, conductors, and equipment installed on or used in conjunction with inflatable amusement attractions shall conform to the requirements of the National Electrical Code, ANSI/NFPA #70-2005.
  B. Each owner shall ensure that electrical systems required to operate the inflatable amusement attractions are maintained by a qualified person.
  C. Wiring Methods.
    (1) Flexible cords used with temporary and portable lights and extension cord sets used in conjunction with inflatable amusement attractions shall be:
       (a) Suitable for location (physical damage);
       (b) Suitable for use (outdoor);
       (c) Suitable for voltage (insulation rating); and
       (d) Adequate for ampacity (conductor size).
     (2) Flexible cords and extension cord sets shall be continuous without splice or tap between connectors.
  D. Lighting systems. Lighting systems, including fluorescent lighting systems, shall be:
    (1) In good repair;
    (2) Protected against accidental contact and breakage; and
    (3) Capable of containing the pieces of a broken light should breakage occur.

.20 Rules of Procedure for Hearings.
All contested case hearings before the Commissioner shall be governed by COMAR 09.01.02.

.21 Variances.
  A. Application for Variance.
    (1) An affected owner may apply to the Commissioner for a variance from any regulation adopted under Business Regulation Article, Title 3, Annotated Code of Maryland.
    (2) An application for variance shall be in writing and shall include:
      (a) The name and address of the applicant;
      (b) Identification of the regulation from which the applicant seeks a variance;
      (c) The location, equipment, and practices involved;
      (d) A detailed statement of the applicant’s reasons for requesting a variance;
      (e) A statement of the steps the applicant has taken and will take, with specific dates when appropriate, to protect the public against the specific hazard covered by the regulation; and
      (f) Any request for a hearing.
  B. Posting of Notice.
     (1) Immediately on filing a request for a variance pursuant to Business Regulation Article, §3-314, Annotated Code of Maryland, an applicant shall post notice of the application at the place or places where a certificate of inspection is required to be posted.
    (2) The notice shall include:
      (a) The name and address of the applicant;
      (b) The date on which the application was filed;
      (c) Identification of the regulation from which the applicant seeks a variance;
      (d) The location, equipment, and practices involved; and
      (e) Notice to the public and affected employees of their right to participate in the proceeding.
    (3) The notice shall be maintained until the commencement of the proceedings.
  C. Order of Variance.
     (1) After investigation, on-site inspection, and such hearing as the Commissioner may direct, the Commissioner may grant a variance from a regulation under this chapter if:
      (a) It is evident that action is necessary to prevent undue hardship; or
      (b) Existing conditions prevent practical compliance and the reasonable safety of the public can, in the opinion of the Commissioner, be ensured.
    (2) An order of variance may require such special conditions as are reasonably necessary to ensure public safety.
    (3) A declaration, act, or omission of the Commissioner or the Commissioner’s authorized representative, other than a written order authorizing a variance as permitted above, may not be construed to exempt, either wholly or in part, expressly or implicitly, any owner from full compliance with the terms of any regulation under this chapter.
  D. Modification, Revocation, and Renewal of Order of Variance.
    (1) The Commissioner may modify, revoke, or renew an order of variance in the same manner prescribed for the issuance of an order of variance.
    (2) An order of variance may not be modified or revoked unless affected parties are informed of the proposed action and afforded an opportunity to:
       (a) Submit written data, views, or arguments regarding the proposed action; and
       (b) Request a hearing on the proposal.

J. RONALD DEJULIIS
Commissioner of Labor and Industry