COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT DIVISION OF OIL AND PUBLIC SAFETY AMUSEMENT RIDES AND DEVICES REGULATIONS 7 CCR 1101-12 Effective: MAY 07, 2014 Table of Contents ARTICLE 1 GENERAL PROVISIONS .................................................................................. 1 Section 1-1 Basis and Purpose ............................................................................................ 1 Section 1-2 Statutory Authority ............................................................................................. 1 Section 1-3 Effective Date .................................................................................................... 1 Section 1-4 Scope ................................................................................................................ 1 Section 1-5 Codes and Standards ........................................................................................ 2 Section 1-6 Definitions ......................................................................................................... 4 ARTICLE 2 STANDARDS .................................................................................................... 6 Section 2-1 Financial Standards ........................................................................................... 6 Section 2-2 Safety and Health Standards ............................................................................. 6 ARTICLE 3 REGISTRATION ............................................................................................... 8 Section 3-1 Fees .................................................................................................................. 8 Section 3-2 Registration Requirements ................................................................................ 8 Section 3-3 Applications ....................................................................................................... 9 Section 3-4 Incomplete Applications..................................................................................... 9 Section 3-5 Bungee Jumping ............................................................................................... 9 ARTICLE 4 RECORDS .......................................................................................................10 ARTICLE 5 INJURY REPORTING ......................................................................................10 Section 5-1 Reportable Injury ..............................................................................................10 Section 5-2 Reportable Injury Scene Preservation ..............................................................10 ARTICLE 6 ENFORCEMENT ..............................................................................................11 Section 6-1 Enforcement Program ......................................................................................11 6-1-1 Notice of Violation ............................................................................................11 6-1-2 Enforcement Order ...........................................................................................11 6-1-3 Informal Conference .........................................................................................11 ARTICLE 1 GENERAL PROVISIONS Section 1-1 Basis and Purpose This regulation is promulgated to establish reasonable standards for the construction, operation, repair and maintenance of amusement rides and devices located in Colorado in the interest and safety of the general public, to establish financial standards for the operation of amusement rides and devices in a public setting and to provide for a registration process for amusement rides and devices. Section 1-2 Statutory Authority The amendments to these regulations are created pursuant to C.R.S. § 8-20-1001 through 8-20-1004 of the Colorado Revised Statutes. All prior rules for amusement rides and devices are hereby repealed. Section 1-3 Effective Date This regulation shall be effective May 7, 2014. The operators of previously unregistered amusement rides and devices shall have up to three months from the effective date of these regulations to comply with Section 2-2(C). Section 1-4 Scope These rules and regulations shall apply to the construction, operation, repair and maintenance of amusement rides and devices located in Colorado by any individual, corporation, company, firm, partnership, association, or state or local government agency. These rules and regulations shall not apply to: (A) Coin operated model horse and model rocket rides, mechanical horse or bull rides, and other coin activated or self-operated devices. (B) Non-mechanized playground equipment including but not limited to swings, seesaws, stationary spring mounted animal features, rider propelled merry-go-rounds, climbers, slides, trampolines, swinging gates and physical fitness devices. (C) Live animal rides or live animal shows. (D) Climbing walls used for sport and fitness training, located in educational facilities, schools, gymnasiums, sport and public entity recreational facilities, or other facilities devoted to sport and recreational activities, training and instruction. (E) Race-karts owned and operated by individuals who compete against each other, or rental race- karts available for rent at competitive sport race-kart tracks solely used for sanctioned racing where drivers have attended and passed a practical driver safety training test to establish their competency, or hold an applicable valid competition license from a recognized motor sport sanctioning body. (F) Skating rides, arcades, laser paintball games, bowling alleys, miniature golf courses, inflatable devices, ball crawls, exercise equipment, jet skis, paddle boats, air boats, hot air balloons whether tethered or untethered, batting cages, games and side shows. (G) Any amusement ride or device operated at a private event that is not open to the general public and not subject to a separate admission charge, or any amusement ride or device owned and operated by a non-profit organization who meets all the requirements in Sections 2-1, 2-2(A), 2-2(G), 2-2(H), and 2-2(I) of these regulations and operates their rides less than 8 days in any calendar year. 1 (H) Any amusement ride or device operator who notifies the Division in writing that his or her ride or device is inspected and licensed or issued a permit by one of the following agencies where said agency inspects and issues a license or permit for the ride or device shall be exempt from the requirements of this subsection, provided that the requirements of said agency meet or exceed the requirements of this regulation. (1) Any municipality or local government within the state of Colorado (2) Another state agency within the state of Colorado (3) Any federal government agency (I) Any local government that has received a temporary or permanent waiver from the Division pursuant to Executive Order D 2011-005. To obtain a waiver the affected local government must demonstrate that the requirements in these regulations conflict with other statutes or regulations (including those of local governments) or are unduly burdensome. A cost benefit analysis or other supporting documentation should be included with the waiver request. (J) Water slides less than 18 feet in elevation change from point of dispatch to the end of the slide. Section 1-5 Codes and Standards The following codes of the American Society for Testing and Materials (ASTM) F24 Committee on Amusement Rides and Devices, National Fire Protection Association and the Association for Challenge Course Technology (ACCT) are incorporated by reference. All amusement rides and devices shall comply with these standards, including but not limited to the following unless specifically exempted in these regulations. If there is no applicable standard for an amusement ride or device, operators shall comply with the manufacturer’s recommendations. Standard Practice for Ownership and Operation of Amusement Rides and Devices Designation: F 770-11 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Guide for Testing Performance of Amusement Rides and Devices Designation: F 846-92 (reapproved 2009) ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Practice for Maintenance Procedures for Amusement Rides and Devices Designation: F 853-05 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Guide for Auditing Amusement Rides and Devices Designation: F 893-10 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Practice for Design and Manufacture of Patron Directed, Artificial Climbing Walls, Dry Slide, Coin Operated and Purposeful Water Immersion Amusement Rides and Devices and Air Supported Structures Designation: F 1159-11 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 2 Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices Designation: F1193-06 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Guide for Classification of Amusement Ride and Device Related Injuries and Illnesses Designation: F 1305-94 (Reapproved 2002) ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Practice for Design, Manufacture, and Operation of Concession Go-Karts and Facilities Designation: F2007-12 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices Designation: F 2137-11 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Practice for Design of Amusement Rides and Devices Designation: F 2291-11 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems Designation: F 2376-08 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Practice for Special Requirements for Bumper Boats Designation: F 2460-11 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Practice for Special Requirements for Aerial Adventure Courses Designation: F 2959-12 ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 National Electrical Code 2011 Designation: NFPA 70 National Fire Protection Association One Batterymarch Park Quincy, MA 02169-7471 Challenge Course and Canopy/Zip Line Tour Standards Eighth Edition Association for Challenge Course Technology Po Box 47 Deerfield, IL 60015 Interested parties may inspect the referenced incorporated materials by contacting the Program Manager, Amusement Rides and Devices, 633 17th Street, Suite 500, Denver, CO 80202 and/or The State Depository Libraries. This rule does not include later amendments to or editions of the incorporated material. 3 Section 1-6 Definitions The following words when used in these rules and regulations shall mean: AMUSEMENT RIDE OR DEVICE: Any mechanized device or combination of devices which carry or convey persons along, around or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, excitement or the opportunity to experience the natural environment. Amusement rides and devices include but are not limited to, an aggregation of amusement rides and devices in an amusement setting such as amusement parks, carnivals, fairs and festivals. Amusement rides and devices also include but are not limited to, bungee jumping, bungee trampolines, climbing walls in amusement settings, concession go-karts, bumper boats, gravity- propelled rides and devices, water slides and traditional amusement rides. BUMPER BOATS: Boats that are used to bump into each other intentionally as directed by drivers as a form of entertainment. BUNGEE TRAMPOLINES: A type of trampoline where the patron is assisted by a harness attached to bungee cords. CERTIFICATE OF INSPECTION: The documentation of the annual amusement ride inspection conducted by a qualified third-party inspector. CLASS A AMUSEMENT RIDE: An amusement ride designed primarily for use by children 12 years of age or younger, typically referred to as a “kiddie ride.” CLASS B AMUSEMENT RIDE: Any amusement ride not defined as a Class A amusement ride. CLIMBING WALL: An artificially constructed wall with holds for hands and feet used for climbing. Regulated climbing walls include climbing walls located in amusement settings and fixed or portable climbing walls for use by the general public as amusement devices and not for sport or fitness training. CONCESSION GO-KARTS: A single vehicle which is powered without connection to a common energy source, which is driver controlled with respect to acceleration, speed, braking and steering, which operates within the containment system of a defined track, which simulates competitive motor sports, and which is used by the general public. Concession go-karts typically operate at speeds of up to 25 miles per hour. DIVISION: The Director of the Division of Oil and Public Safety of the Department of Labor and Employment or any designees thereof which may include certain employees of the Division of Oil and Public Safety or other persons. INSPECTION: A procedure to be conducted by a third-party inspector to determine whether an amusement ride or device is being constructed, assembled, maintained, tested, operated, and inspected in accordance with the standards adopted by these regulations and the manufacturer’s recommendations, as applicable, and that determines the current operational safety of the ride or device. All inspections shall be documented by a written inspection report to be filed with the operator. 4 INSPECTOR: A third party qualified by training, such as attainment of Level II certification from the National Association of Amusement Ride Safety Officials (NAARSO), attainment of Level II certification from the Amusement Industry Manufacturers and Suppliers International (AIMS), attainment of a Qualified Inspector certification from the Association for Challenge Course Technology (ACCT), Pennsylvania Department of Agriculture – General Qualified Inspector status or other similar qualification from another nationally recognized organization; or education, such as registration as a Professional Engineer; or experience evaluated and approved in advance, by the Division, to conduct inspections of amusement rides or devices in accordance with the standards adopted by these regulations and the manufacturer’s recommendations and criteria. OPERATOR: A person or the agent of a person, corporation or company who owns or controls or has the duty to control the operation of an amusement ride or device. PERMIT YEAR: The time during which an operator is registered that begins on the registration effective date and ends 12 months from the effective date. These dates appear on the signed registration that an operator receives once the registration application has been approved. RACE-KARTS: A go-kart designed for competitive sport racing use in either sanctioned racing on tracks or other areas of competition, or in a racing school facility, and not to be used by the general public in an amusement facility. Race-kart drivers must wear approved safety equipment, consisting of a minimum of a Snell or DOT approved helmet and closed-toed shoes. Race-karts regularly reach maximum speeds in excess of 25 miles per hour. REGISTRATION: The filing of a properly completed application with the Division and approval of the application by the Director. REPORTABLE INJURY: Any injury caused by a possible malfunction or failure of an amusement ride or device which results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function or system, a compound fracture or other significant injury/illness. Injuries do not include treatment with first aid even if performed by a physician unless treatment is a result of any reason listed above. RIDE OPERATOR: The person that has control of the amusement ride or device at all times or is supervising a patron-directed device when it is being operated for the public’s use. This person must be trained in accordance with the standards adopted by these regulations and in accordance with an operator training program or specifications provided by the amusement ride or device designer, engineer or manufacturer. WATER SLIDES: Rides intended for use by riders in bathing attire where the action of the ride involves possible and purposeful immersion of the rider’s body either in whole or in part in water, and uses circulating water to mobilize or lubricate the rider’s transportation along a purpose built path. ZIP LINE: A concession, commercial amusement device where participants attached to a pulley traverse by gravity from one point to another by use of a cable or rope line suspended between support structures. 5 ARTICLE 2 STANDARDS Amusement rides and devices may not operate within the State of Colorado unless the operator has registered with the Division and has satisfied and is continuing to satisfy the following standards. Section 2-1 Financial Standards Any person who operates an amusement ride must have currently in force an insurance policy written by an insurance company authorized to do business in this state or by a surplus lines insurer, in an amount of not less than $100,000 per occurrence with a $300,000 annual aggregate for Class A amusement rides and devices and an amount of not less than $1 million per occurrence for Class B amusement rides and devices insuring the owner or operator against liability for injury to persons arising out of the use of the amusement ride. For governmental entities, insurance or self-insurance in accordance with section 24-10-115 of The Governmental Immunity Act, or participation in a public entity self-insurance pool pursuant to section 24- 10-115.5 of The Governmental Immunity Act shall be deemed to meet the financial standards of this section. Section 2-2 Safety and Health Standards Amusement rides shall be constructed, maintained and repaired subject to the following standards: (A) Amusement rides or devices or any part thereof shall be constructed, maintained and repaired in accordance with the standards adopted by these regulations and the manufacturer’s recommendations, as applicable, in order to provide for an operation free from recognized safety hazards. (B) Amusement rides and devices shall be constructed, maintained, repaired and operated in accordance with all otherwise applicable federal, state and local safety, fire, health or building codes or standards. (C) An annual inspection by a third-party inspector must be conducted on each amusement ride. The inspection shall be conducted with the amusement ride or device in an operable state prior to opening to the public and include an evaluation of the ride or device for a minimum of one complete operating cycle where applicable. The inspection shall also include a review of the operator's daily inspection records, inspection and maintenance program records and training records in accordance with the standards adopted by these regulations and the manufacturer’s recommendations, as applicable. (D) A separate certificate of inspection shall be completed and signed by the inspector for each amusement ride or device and shall be submitted with the operator’s application for registration. An inspection report for each amusement ride or device shall be made available to the Director or his agent and auditors/inspectors, at reasonable times, including during an inspection upon the auditor’s/inspector’s request. (E) The inspection certificate shall not be submitted to the Division until all discrepancies have been resolved and all necessary repair(s) or replacement(s) required in accordance with the standards of Section 2-2(A) have been made. Resolution of discrepancies, repairs and replacements may be documented in writing by the owner/operator and delivered to the inspector. The inspector may corroborate such letter by review thereof, subsequent re-inspection, receipt of additional documentation, or by other means which the inspector deems appropriate. Corroborated discrepancies, repairs and replacements shall not require further inspection and such resolution shall be deemed to be in accordance with the standards of Section 2-2(A). 6 (F) If the amusement ride or device does not meet the standards of Section 2-2(A), the amusement ride shall not be opened to the public until all necessary repair(s) and/or replacement(s) have been made and a certificate of inspection has been issued. (G) In addition to the annual inspection required under this section, the owner/operator who operates an amusement ride or device must perform and record daily inspections of each amusement ride or device. (H) Records of the daily inspections must be available for inspection at the location where the amusement ride or device is operated, and the records must be maintained with the amusement ride or device for a period of three years. (I) The daily inspection record must include an inspection of equipment identified for daily inspection in accordance with the applicable codes and the manufacturer’s recommendations. Where applicable, the inspection shall include: (1) Safety belts, bars, locks and other passenger restraints; (2) All automatic and manual safety devices; (3) Signal systems, brakes and control devices; (4) Safety pins and keys; (5) Fencing, guards, barricades, stairways and ramps; (6) Ride structure and moving parts; (7) Tightness of bolts and nuts; (8) Blocking, support braces and jackstands; (9) Electrical equipment; (10) Lubrication as per manufacturer's instructions; (11) Hydraulic and/or pneumatic equipment; (12) Check communication equipment necessary for operation; (13) Prior to opening, operate ride through one complete cycle of proper functioning; and (14) Any other component that is included in the manufacturer's specific ride maintenance and safety checks or standards adopted by these regulations, or that the operator or person performing the daily inspection deems necessary for inspection. (J) No person shall open to the public an amusement ride or device that has been inspected by a qualified inspector or by the Division and found to be unsafe, unless all necessary repairs and modifications to the ride have been completed and certified as completed by a qualified inspector. (K) Amusement rides and devices of site-specific or prototype construction shall be constructed, maintained, and repaired as certified by a Professional Engineer. The certifications must be available for review by the Director. All such devices must comply with all applicable building and fire codes. 7 ARTICLE 3 REGISTRATION No amusement ride or device shall operate within the State of Colorado without first becoming registered as provided herein. Each operator of an amusement ride or device must register and obtain a permit by filing an application with the Division, prior to opening rides to the public. No person shall open to the public and operate any amusement ride or device on property owned or leased by such person until the operator of the amusement ride or device has first registered and obtained a permit for operation from the Division. The application shall be submitted annually on the form prescribed by the Director and shall include the following registration requirements. Section 3-1 Fees Table 3-1 Annual Registration Fees Fee Category Registration Fee for + Registration Fee Per Ride or Device Amusement Ride or Device Operator (and) + Fee Amount $500 (and) $130 Section 3-2 Registration Requirements (A) The name and address of the operator. (B) The trade name of the manufacturer, and the serial number of all rides and devices. (C) A report of any injury occurring in any state caused by an amusement ride which results in death or requires medical treatment. An injury is caused by the ride if the injury occurs on the ride or is in any way associated with the ride. (D) A list of the dates and locations of operation of the amusement rides or devices within the state for the upcoming permit year, including the dates at each location. This list may be updated throughout the permit year, provided that notification is received by the division prior to operation. (E) The name of all liability insurance carriers and the insurance policy numbers. (F) An original amusement ride certificate of inspection for each amusement ride or device showing the name, serial number, manufacturer of the ride, the inspector's name, the owner/operator and other information as required by 2-2(D) of these rules. (G) Any other information reasonably related to the standards set forth above in Article 2. (H) A certificate of liability insurance for the registration period in an amount of not less than $100,000 per occurrence with a $300,000 annual aggregate for Class A amusement rides and devices and an amount of not less than $1 million per occurrence for Class B amusement rides and devices insuring the owner or operator against liability for injury to persons arising out of the use of the amusement ride or device. For governmental entities, insurance or self-insurance in accordance with Section 24-10-115 of The Governmental Immunity Act, or participation in a 8