§ 95-111.3.  Definitions.

The following definitions shall apply in this Article:

(1) Amusement device. - Any mechanical or structural device or attraction that carries or conveys or permits persons to walk along, around or over a fixed or restricted route or course or within a defined area including the entrances and exits thereto, for the purpose of giving such persons amusement, pleasure, thrills or excitement. This term shall not include any of the following:

a. Devices operated on a river, lake, or any other natural body of water.

b. Wavepools.

c. Roller skating rinks.

d. Ice skating rinks.

e. Skateboard ramps or courses.

f. Mechanical bulls.

g. Buildings or concourses used in laser games.

h. All-terrain vehicles.

i. Motorcycles.

j. Bicycles.

k. Mopeds.

l. Rock walls that are in a fixed, permanent location.

m. Zip-lines.

n. Funhouses, haunted houses, and similar walk-through devices that are erected temporarily on a seasonal basis and do not have mechanical components.

o. Playground equipment, including but not limited to soft contained play equipment, swings, seesaws, slides, stationary spring-mounted animal features, jungle gyms, rider-propelled merry-go-rounds, and trampolines.

p. Any train or device previously or currently approved for use on the public rail transit system.

q. Inflatable devices, including any air-supported device made of flexible fabric, inflated by one or more blowers, that relies upon air pressure to maintain its shape.

(2) Amusement park. - Any tract or area used principally as a permanent location for amusement devices.

(3) Annual gross volume. - The gross receipts a person or device receives from all types of sales made and business done during a 12-month period.

(4) Carnival area. - Any area, track, or structure that is rented, leased, or owned as a temporary location for amusement devices.

(5) Commissioner. - The North Carolina Commissioner of Labor or his or her authorized representative.

(6) Director. - The Director of the Elevator and Amusement Device Division of the North Carolina Department of Labor.

(7) Operator. - Any person having direct control of the operation of an amusement device. The term "operator" shall not include a waterslide dispatcher or any person on the device for the purpose of receiving amusement, pleasure, thrills, or excitement.

(8) Owner. - Any person or authorized agent of such person who owns an amusement device or in the event such device is leased, the lessee. The term "owner" also shall include the State of North Carolina or any political subdivision thereof or any unit of local government.

(9) Person. - Any individual, association, partnership, firm, corporation, private organization, or the State of North Carolina or any political subdivision thereof or any unit of local government.

(10) Waterslide. - A stationary amusement device that provides a descending ride on a flowing water film through a trough or tube or on an inclined plane into a pool of water. This term does not include devices where the vertical distance between the highest and the lowest points does not exceed 15 feet.

(11) Waterslide dispatcher. - An employee who is stationed at the top of a waterslide for the purpose of managing the ride queue and dispatching users of the waterslide. (1985 (Reg. Sess., 1986), c. 990, s. 2; 1987, c. 864, s. 90(a); 1991, c. 178, s. 2; 2011-366, s. 5; 2015-152, s. 1; 2021-82, s. 2; 2022-75, s. 13(a); 2023-137, s. 48(a).)