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) "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) "ASTM" means ASTM International, originally known as the American Society for Testing and Materials.
(3) "Attendant" means an employee assigned to assist the operator in attending to the safety needs of riders.
(4) "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.
(5) "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.
(6) "Exit" means a doorway or other opening affording safe and unobstructed egress.
(7) "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.
(8) "Fence" means a type of barrier:
(a) Consisting of, but not limited to, posts, boards, wire, stakes, or rails; and
(b) Used to inhibit an individual from coming into contact with the moving portion or restricted portion of an amusement attraction.
(9) "Fire official" means:
(a) Except in Baltimore City, the State Fire Marshal or the State Fire Marshal's designee; and
(b) In Baltimore City, the Baltimore City Fire Prevention Bureau.
(10) "Major breakdown" means a stoppage of operation from any cause that results in damage, failure, or breakage of a structural or stress-bearing part of an amusement attraction.
(11) "Major modification" means any change in either the structural or operational characteristics of the amusement attraction that will alter its performance from that specified in the manufacturer's design criteria.
(12) "Nondestructive testing (NDT)" is testing, such as radiographic, magnetic particle, ultrasonic, liquid penetrant, electromagnetic, neutron radiographic, visual, and leak testing, to detect and locate defects to assess an amusement attraction's components.
(13) "Operator" means the person having direct control of the starting, stopping, or speed of an amusement attraction.
(14) "Owner" has the meaning stated in Business Regulation Article, §3-101, Annotated Code of Maryland.
(15) "Qualified person" means a person who:
(a) By extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the work; or
(b) Possesses a recognized degree, certificate, or professional standing.
(16) "Rated capacity" means a capacity:
(a) Established by the manufacturer for the normal loading and operation of an amusement attraction; or
(b) If the manufacturer has not established a capacity, as established by the Commissioner after inspection.
(17) "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.
(a) "Rider" means any person who is:
(i) Getting on an amusement attraction;
(ii) Using an amusement attraction; or
(iii) Getting off an amusement attraction.
(b) "Rider" does not include employees of the amusement attraction owner while engaged in the duties of their employment.
(19) "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.
(20) 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.
(21) "Special amusement structure" means a fun house, dark ride, glass house, walk through, haunted house, or any other similar amusement attraction.