PART V-D. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS Chap. Sec. 139. AMUSEMENTRIDESANDATTRACTIONS .................... 139.1 139a. SAFETYSTANDARDSFORBUNGEEJUMPING ............... 139a.1 CHAPTER 139. AMUSEMENT RIDESANDATTRACTIONS Subchap. Sec. A. REGISTRATIONANDINSPECTION ........................... 139.1 B. DESIGNANDCONSTRUCTION .............................. 139.41 C. OPERATION,MAINTENANCEANDRECORDS ............... 139.71 Authority The provisions of this Chapter 139 issued under the Amusement Ride Inspection Act (4 P.S. §§ 401—419),unlessotherwisenoted. Source TheprovisionsofthisChapter139adoptedApril11,1986,effectiveApril12,1986,16Pa.B.1268, unlessotherwisenoted. CrossReferences This chapter cited in 7 Pa.Code § 139a.1 (relating to scope); 7 Pa.Code § 139a.21 (relating to registrationofbungeejumpingoperations);7Pa.Code§ 139a.51(relatingtoqualificationsofjump master);and7Pa.Code§ 139a.92(relatingtopenalties). SubchapterA. REGISTRATIONAND INSPECTION Sec. 139.1. Scope. 139.2. Definitions. 139.3. Compliance. 139.4. Registration. 139.5. Insurance. 139.6. Itinerary. 139.7. Inspection. 139.8. Inspectionaffidavits. 139.9. Qualifiedinspectors. 139.10. AdvisoryBoard. 139.11. Accidentreporting. 139.12. Variances. 139.13. Penalties. 139.14. ContactingtheDepartment. 139-1 (339829) No.411 Feb. 09 7 § 139.1 AMUSEMENTRIDES&ATTRACTIONS Pt.V-D § 139.1. Scope. (a) This chapter prescribes policies and procedures relating to administration of safety standards for installation, assembly, repair, maintenance, use, operation, disassembly and inspection of amusement rides and amusement attractions erected permanently or temporarily at carnivals, fairs, amusement parks or any other location in this Commonwealth. (b) This chapter applies to new and existing commercially used amusement rides and attractions subject to the act. (c) This chapter does not apply to: (1) An attraction principally devoted to the exhibition of products of agri- culture, industry, education, science, religion or the arts. (2) Single passenger, coin-operated, manually, mechanically or electrically operatedridesexceptwhereadmissionischargedfortheuseoftheequipment. (3) Licensed watercraft regulated by the Fish Commission or the United States Coast Guard. (4) Aircraft regulated by the FederalAviationAdministration. (5) Devices, including trains, regulated by the United States Government. (6) Ski lifts, elevators or rides to the extent they are registered and regu- lated by any other agency of the Commonwealth. (7) Amusement attractions, and amusement rides regulated by another Commonwealthagencyandwaterslides,totheextentthattheyareregulatedby the Department of Health for pool design, sanitary facilities and similar fea- tures. Authority Theprovisionsofthis§ 139.1issuedunder:theAmusementRideInspectionAct(4P.S.§§ 401— 419);amendedunder:section14oftheAmusementRideInspectionAct(4P.S.§ 414). Source The provisions of this § 139.1 adoptedApril 11, 1986, effectiveApril 12, 1986, 16 Pa.B. 1268; amended July 31, 1987, effective August 1, 1987, 17 Pa.B. 3202; amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial page (276962). § 139.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—TheAmusement Ride InspectionAct (4 P.S. §§ 401—419). Affiliated qualified inspector—A qualified inspector with a Department- issued certificate and credential card authorizing that person to act as a quali- fied inspector only with respect to the amusement rides or amusement attrac- tions of the owner or lessee designated on that certificate and credential card. An affiliated qualified inspector is not a general qualified inspector. Amusement attraction— 139-2 (339830) No.411 Feb. 09 Copyright(cid:1)2009CommonwealthofPennsylvania Ch.139 CARNIVALS,FAIRSANDPARKS 7 § 139.2 (i) A building or structure around, over or through which people may move or walk, without the aid of a moving device integral to the building or structure, that provides amusement, pleasure, thrills or excitement. (ii) The term does not include an enterprise principally devoted to the exhibition of products of agriculture, industry, education, science, religion or the arts. Amusement park—A tract or area used principally as a location for perma- nent amusement structures or rides. Amusement ride—A device that carries, suspends or conveys passengers along, around or over a fixed or restricted route or course or within a defined area, for the purpose of giving its passengers amusement, pleasure, thrills or excitement. ASTM—American Society for Testing Materials—This organization is cur- rently named and known asASTM International. ASTM International—The organization formerly known as ASTM or the American Society for Testing Materials. ASTM International F-24 Committee Standards—TheASTM standards pro- mulgated by theASTM International F-24 Committee, as published in the cur- rent annual book of ASTM International Standards Volume 15.07, or its suc- cessor document. ASTM standards—Standards promulgated by the ASTM entitled Standard Guide for the Classification of Amusement Ride and Device Related Injuries and Illnesses, designationASTM F 1305, or its successor, which provide pro- cedures for the uniform classification of data related to amusement ride and device injuries and illnesses. Attendant—A person having responsibility for some aspect of the operation of an amusement ride or attraction, but who is not an operator. Board—TheAmusement Ride SafetyAdvisory Board. Carnival—Anitinerantenterpriseconsistingprincipallyoftemporaryamuse- ment structures or mechanical rides. ClassIamusementrideoramusementattraction—Atypeofamusementride or amusement attraction with respect to which the following apply: (i) The ride or attraction is on the Department’s most current list of approved rides. (ii) Therideorattractionisacomparativelysimpleridesuchasbumper cars, bumper boats, a multipassenger coin-operated kiddie ride, go-carts, a live animal ride, a manually powered ride, a miniature train, an inflatable bounce ride, slide or similar device. (iii) The Department has, on its most current list of approved rides, des- ignated the ride or attraction as belonging within ‘‘Class I’’for purposes of establishing the appropriate required minimum liability insurance coverage required with respect to that ride or attraction, in accordance with section 14(a)(1) of the act (4 P.S. § 414(a)(1)). 139-3 (339831) No.411 Feb. 09 7 § 139.2 AMUSEMENTRIDES&ATTRACTIONS Pt.V-D Class II amusement ride or amusement attraction—A type of amusement ride or amusement attraction with respect to which the following apply: (i) The ride or attraction is on the Department’s most current list of approved rides. (ii) The Department has, on its most current list of approved rides, des- ignated the ride or attraction as belonging within ‘‘Class II’’for purposes of establishing the appropriate required minimum liability insurance coverage required with respect to that ride or attraction, in accordance with section 14(a)(2) of the act. Commercially used—In the context of amusement rides and amusement attractions, the term includes any ride or attraction offered for use by persons in consideration of payment of a ticket fee, an entry fee, a rental fee or any other fee or charge as a condition of use of the ride or attraction. Department— (i) The Department ofAgriculture of the Commonwealth. (ii) The term includes employees of the Department. Fair—An enterprise principally devoted to the periodic and recurring exhi- bition of products of agriculture, industry, education, science, religion or the arts that has one or more amusement rides or attractions operated in conjunc- tion therewith in either temporary or permanent structures. Generalqualifiedinspector—AqualifiedinspectorwithaDepartment-issued certificate and credential card authorizing that person to act as a qualified inspector, without limiting the exercise of that inspection authority to the amusement rides or amusement attractions of a particular owner or lessee. A general qualified inspector is not an affiliated qualified inspector. Inspection—Inspectionbyaqualifiedinspectorofanamusementride,device or attraction for compliance with the act and this chapter. Kiddy ride or kiddie ride—An amusement ride or attraction designed prima- rily for use by children up to 12 years of age. Lessee—A person who leases an amusement ride or attraction from its owner, or from an authorized representative of an owner. Major modification—Achange in either the structural or operational charac- teristics of an amusement ride or amusement attraction which can alter its per- formance from that specified in the manufacturer’s design criteria. Major ride—An amusement ride or attraction that is not a kiddy ride. National Electrical Code—The National Electrical Code NFPANo. 70-E, as revised, amended or corrected. New amusement ride or amusement attraction—An amusement ride or attraction of a design not previously operated in this Commonwealth and for which no regulations have been adopted. Operation— (i) When used in the context of an amusement ride or attraction, the term includes the loading of persons onto the ride or attraction, the physical 139-4 (339832) No.411 Feb. 09 Copyright(cid:1)2009CommonwealthofPennsylvania Ch.139 CARNIVALS,FAIRSANDPARKS 7 § 139.2 movementoftherideor—inthecaseofnonmechanicalrides(suchasslides) orattractions—themovementofpersonsonorthroughtherideorattraction, and the unloading of persons from the ride or attraction. (ii) The term does not include the portion of a patron line that extends outside of any fence, wall, guardrail or gate that limits access to the amuse- ment ride or amusement attraction and that is required in order for the ride or attraction to meet theASTM International F-24 Committee Standards. (iii) The term does not include that portion of a patron line that extends outsideorbeyondanydeviceorobjectthatlimitsoridentifiescontrolaccess for the ride or attraction if a fence, wall, guardrail or gate is not required in order for the ride or attraction to meetASTM International F-24 Committee Standards. Operator—Apersonactuallyengagedinordirectlycontrollingtheoperation of an amusement ride or attraction. Owner— (i) Aperson who owns an amusement ride or attraction. (ii) The term excludes the Commonwealth or its political subdivisions. Pennsylvania Construction Code Act—35 P.S. §§ 7210.101—7210.1103. Permanentstructure—Astructure,enclosureorarrangementofparts,usedor intended to be used for or as an amusement ride or attraction, that is erected to remain a lasting part of the premises. Person—Includes a corporation, partnership, limited liability company, busi- ness trust, other association, government entity (other than the Common- wealth), estate, trust, foundation or natural person. Professional engineer— (i) AnindividuallicensedandregisteredundertheEngineer,LandSur- veyor and Geologist Registration Law (63 P.S. §§ 148—158.2) or a succes- sor statute to engage in the practice of engineering. (ii) The term does not include a person who is exempt from licensure and registration under section 5(b) of the Engineer, Land Surveyor and Geologist Registration Law (63 P.S. § 152(b)). Qualified inspector— (i) Aperson certified by the Department who by education, training or experienceisknowledgeablewithamusementrideoperatingmanualsandthe psychological effects each ride has upon a passenger. The person shall also be experienced in the erection and dismantling of amusement rides and shall be familiar with the specific equipment with that particular operator. (ii) The term includes affiliated qualified inspectors and general quali- fied inspectors. Secretary—The Secretary of the Department. Serious injury or illness— (i) An injury or illness that requires one or more of the following: (A) Offsite emergency first aid. 139-5 (339833) No.411 Feb. 09 7 § 139.3 AMUSEMENTRIDES&ATTRACTIONS Pt.V-D (B) Offsite medical treatment, whether it is administered or recom- mended or may be required at a future date. (C) Observation by a licensed physician. (D) Admission to a hospital. (ii) The term also includes an injury or illness that results in death, dis- memberment, significant disfigurement or permanent loss of the use of a body organ, member, function or system. Temporarystructure—Astructure,enclosureorarrangementofpartsused,or intended to be used for or as an amusement ride or attraction, that is relocated from time to time with or without disassembly. Working day—A day other than a Saturday, Sunday, National holiday or holiday of the Commonwealth. Source The provisions of this § 139.2 amended December 12, 2008, effective December 13, 2008, 38 Pa.B.6843.Immediatelyprecedingtextappearsatserialpages(276962)to(276964). CrossReferences Thissectioncitedin7Pa.Code§ 139.11(relatingtoaccidentreporting). § 139.3. Compliance. (a) General requirement. Owners, lessees and operators of amusement rides or attractions in this Commonwealth shall comply with this chapter. (b) Useofnonconformingridesorattractionsprohibited.Anamusementride or amusement attraction which is not in compliance with this chapter may not be used or occupied except as provided in subsection (c). (c) Nonconforming individual units. Where only individual units of a ride, such as cars, seats or other carriers are defective and not in compliance with this chapter, the units shall either be removed from the operating area of the ride or shallbetakenoutofserviceandclearlymarkedwithasignreading‘‘OutofSer- vice’’if the defects or removal do not jeopardize the safety of the entire ride or attraction. Source The provisions of this § 139.3 amended December 12, 2008, effective December 13, 2008, 38 Pa.B.6843.Immediatelyprecedingtextappearsatserialpage(276964). § 139.4. Registration. (a) Registration required. An owner intending to operate or use an amuse- ment ride or an amusement attraction in this Commonwealth during a calendar year shall register the amusement ride or amusement attraction with the Depart- ment prior to operation. (b) Duration of registration. Registration of an amusement ride or an amuse- ment attraction shall expire as of the earlier of the following: 139-6 (339834) No.411 Feb. 09 Copyright(cid:1)2009CommonwealthofPennsylvania Ch.139 CARNIVALS,FAIRSANDPARKS 7 § 139.4 (1) January 1 of the year immediately following the year with respect to which the registration is issued. (2) The date upon which the registered amusement ride or amusement attraction undergoes a major modification. (c) Obtaining a registration application.Aperson may obtain an amusement ride or amusement attraction registration application form by contacting the Departmentasdescribedin§ 139.14(relatingtocontactingtheDepartment).The Department will provide the form upon request, and make the form available for download through the Department’s web site: www.agriculture. state.pa.us. (d) Contents of registration application form.Aregistration application form will require the following information: (1) Thename,address,e-mailaddressandtelephonenumberoftheowner. (2) The name, address, e-mail address and telephone number of the lessee, if different than the owner. (3) If the amusement ride or amusement attraction has previously been registered,theregistrationnumberappearingontheregistrationplateissuedby the Department and attached to that ride or attraction. (4) A description of the type of enterprise involved, whether a carnival, fair, park, rental company, go-cart track, water park, nonseasonal operation, or other. (5) Alist of each amusement ride or amusement attraction with respect to which registration is sought, by name, manufacturer’s name and serial number. (6) The name, address, e-mail address and telephone number of the insur- ance carriers providing the owner, lessee or operator the liability coverage required under section 14 of the act (4 P.S. § 414) and § 139.5 (relating to insurance). (7) With respect to each identified amusement ride or attraction, verifica- tion of one of the following: (i) The amusement ride or amusement attraction is of a type appearing on the Department’s most current list of approved rides. (ii) Written verification under seal of a professional engineer, acknowl- edging familiarity with the ride or attraction at issue, acknowledging famil- iarity with the requirements of the act and this chapter and confirming all of the following: (A) The ride or attraction is designed to carry all loads safely, and to withstand normal stresses to which it may be subjected. (B) The structural materials and construction of the ride or attraction conform to normal engineering practices, procedures, standards and speci- fications. (C) Data pertinent to the design, structures, and factors of safety and performance are in accordance with accepted engineering practices. 139-7 (339835) No.411 Feb. 09 7 § 139.4 AMUSEMENTRIDES&ATTRACTIONS Pt.V-D (D) The manufacturer or fabricator of the ride or attraction otherwise meets the applicable design and construction requirements of the act, the ASTM International F-24 Committee Standards and this chapter. (8) An acknowledgment by the applicant that, if the registration is approved, it is the responsibility of the applicant to apprise the Department, in writing, of changes to the information provided on the registration application during the registration period. (9) An acknowledgment by the applicant that, if registration is approved, the registration automatically ceases as of the date of any major modification, and the ride shall be reregistered with the Department. (10) The signature of the applicant for registration, verifying that represen- tations in the application are accurate and complete, and making that verifica- tion subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsifi- cation to authorities). (e) Department action on registration application. The Department will, within 30 days of receiving a correct and complete registration application form, mail the applicant one of the following: (1) Written confirmation of registration and, if necessary, a registration plate to be affixed to the amusement ride or attraction. (2) Written denial of registration, with an explanation of the reasons for denial. (3) A detailed request for additional information or clarification the Department deems necessary to ensure the amusement ride or amusement attractionmeetstherequirementsinsubsection(d)(7)(ii)(A)—(D).Thisrequest may also include a requirement the ride or attraction be made available to the Department or persons authorized by the Department, at a time or location mutually agreeable to the applicant and the Department, for inspection and testing. Once the requested information is delivered to the Department or the requested testing and inspection is conducted, the Department will have an additional 30-day period within which to review the registration application. (f) Responsibility of registrant.Aperson who registers an amusement ride or amusementattractioninaccordancewiththissectionshall,duringtheregistration period, be responsible to apprise the Department, in writing, of changes to the information provided on the registration application. In addition, the registrant shall affix the registration plate provided by the Department to the amusement rideoramusementattractioninalocationwheretheplateisplainlyvisibletothe riding public, and shall promptly request a replacement plate when necessary. (g) Refusal or revocation of registration. If the Department issues a written denialofregistrationasdescribedinsubsection(e)(2),itwillaffordtheapplicant an opportunity for an administrative hearing on the denial. If the Department has reason to believe an amusement ride or amusement attraction that is registered 139-8 (339836) No.411 Feb. 09 Copyright(cid:1)2009CommonwealthofPennsylvania Ch.139 CARNIVALS,FAIRSANDPARKS 7 § 139.5 does not meet the requirements for registration, it will issue a written revocation of registration, and will afford the applicant an opportunity for an administrative hearing on the denial. (h) Registration plate.The Department will issue a registration plate, bearing auniqueregistrationnumber,withrespecttoeachamusementrideoramusement attraction registered in accordance with this section. The registration plate remains the property of the Department after it is issued. The registrant shall be responsible to ensure that the registration plate remains affixed to the registered amusement ride or amusement attraction in a location where the plate is plainly visible to the riding public. The registration plate is intended as a permanent means of identifying the amusement ride or attraction, and shall remain affixed to the ride or attraction from one registration period to the next. If the registra- tion plate cannot be affixed to the registered amusement ride or amusement attraction in a location where the plate is plainly visible to the riding public, it may be affixed to a sign, placard or surface at the point of ingress to the ride or attraction, so as to be plainly visible to the riding public, and shall physically accompany the ride or attraction at all times. Although the Department will not chargeafeefortheissuanceofaregistrationplate,itwillchargearegistrant$30 to replace a lost or obliterated registration plate. This charge reflects the reason- able cost to the Department of replacing a registration plate. (i) Inspectionofamusementridesoramusementattractions.TheDepartment may inspect any amusement ride or attraction, or any device or location it rea- sonably believes to be an amusement ride or attraction, to determine whether the ride or attraction is properly registered. The inspection will be conducted in accordance with § 139.7(d) (relating to inspection). Source The provisions of this § 139.4 amended December 12, 2008, effective December 13, 2008, 38 Pa.B.6843.Immediatelyprecedingtextappearsatserialpage(276964). CrossReferences This section cited in 7 Pa.Code § 139.8 (relating to inspection affidavits); and 7 Pa.Code § 139a.21(relatingtoregistrationofbungeejumpingoperations). § 139.5. Insurance. (a) General requirement. A person may not operate an amusement ride or amusement attraction unless a policy of insurance is in effect insuring the owner, lessee or operator against liability for injury to persons arising out of the use of an amusement ride or attraction. The insurance policy shall be procured from an insurer or surety authorized to do business in this Commonwealth or eligible to dobusinessunderthesurpluslinesinsuranceprovisionsestablishedunderArticle XVIofTheInsuranceCompanyLawof1921(40P.S.§§ 991.1601—991.1625). 139-9 (339837) No.411 Feb. 09 7 § 139.5 AMUSEMENTRIDES&ATTRACTIONS Pt.V-D (1) If the ride or attraction is a Class I amusement ride or attraction, the minimum limits of the policy must be $100,000 per occurrence and $300,000 in the aggregate. (2) If the ride or attraction is a Class II amusement ride or amusement attraction, the minimum limits of the policy must be $250,000 per occurrence and $500,000 in the aggregate. (b) Certificate of insurance. An owner or operator shall deliver a valid cer- tificate of insurance to the Department prior to the operation of an amusement ride or amusement attraction for use by the public. The certificate of insurance shall be delivered to the Department in accordance with § 139.14 (relating to contacting the Department). The owner or operator is responsible for assuring thattheinsuringcompanynotifiestheDepartmentimmediatelyuponcancellation or change of coverage. (c) Content of certificate of insurance. A certificate of insurance must set forth the following: (1) The identity of the insured. (2) The identity, address and telephone number of the insurance company issuing the policy. (3) Identification of the amusement rides and amusement attractions cov- ered by the policy. This may consist of a roster identifying each ride that is insuredunderthepolicy,oranacknowledgmentthatalloftheamusementrides and amusement attractions of a designated owner or operator are covered by the policy. (4) The policy limits per occurrence. (5) The policy limits in the aggregate. (6) The effective dates of coverage. (7) An acknowledgment that the Department, as certificateholder, is to be notified by the insurance carrier in the event of cancellation of coverage. Authority Theprovisionsofthis§ 139.5issuedundertheAmusementRideInspectionAct(4P.S.§§ 401— 419);amendedunder:section14oftheAmusementRideInspectionAct(4P.S.§ 414). Source The provisions of this § 139.5 adoptedApril 11, 1986, effectiveApril 12, 1986, 16 Pa.B. 1268; amended July 31, 1987, effective August 1, 1987, 17 Pa.B. 3202; amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial pages (276964)to(276965). CrossReferences This section cited in 7 Pa.Code § 139.4 (relating to registration); and 7 Pa.Code § 139a.21 (relatingtoregistrationofbungeejumpingoperations). 139-10 (339838) No.411 Feb. 09 Copyright(cid:1)2009CommonwealthofPennsylvania