Chapter 296-403A WAC
Last Update: 10/22/02AMUSEMENT RIDES OR STRUCTURES
WAC Sections
HTMLPDF | 296-403A-100 | Definitions. |
HTMLPDF | 296-403A-110 | Insurance. |
HTMLPDF | 296-403A-120 | Application for and renewal of operating permit. |
HTMLPDF | 296-403A-130 | Operating permit. |
HTMLPDF | 296-403A-140 | Temporary operating permit. |
HTMLPDF | 296-403A-150 | Fees. |
HTMLPDF | 296-403A-160 | Appeals. |
HTMLPDF | 296-403A-170 | Amusement ride inspector qualifications. |
HTMLPDF | 296-403A-180 | Safety and maintenance seminar. |
HTMLPDF | 296-403A-190 | Safety standards for amusement rides and amusement structures. |
HTMLPDF | 296-403A-195 | Incident reporting. |
HTMLPDF | 296-403A-200 | Reciprocal certificate. |
HTMLPDF | 296-403A-210 | Revocation and suspension of certification of amusement ride inspectors—Reinstatement. |
HTMLPDF | 296-403A-220 | Fees for examination, certification, and renewal of certification for inspectors. |
HTMLPDF | 296-403A-230 | Electrical requirements for amusement rides and amusement structures. |
HTMLPDF | 296-403A-240 | Department on-site electrical inspection. |
PDF296-403A-100
Definitions.
Definitions as found in ASTM F 747-97 Standard Terminology Related to Amusement Rides and Devices are adopted in addition to the following:
(1) "Air supported" structure or device means an amusement device that incorporates a structural and mechanical system and employs a high-strength fabric or film that achieves its strength, shape and stability by pretensioning with internal air pressure (inflation).
(2) "Amusement ride" means any vehicle, boat, or other mechanical or air supported device moving upon or within a structure, along cables or rails, through the air by centrifugal force or otherwise, or across water, that is used to convey one or more individuals for amusement, entertainment, diversion, or recreation. For purposes of this chapter, "boats" does not refer to personal watercraft or vessels operated on the waters of this state according to chapter 79A.60 RCW. Examples of an amusement ride include, but are not limited to, devices commonly known as skyrides, ferris wheels, carousels, parachute towers, tunnels of love, roller coasters, mechanical bulls, gyrotron, space balls, bungee operated, simulators and similar devices.
Conveyances for persons in recreational winter sports activities such as: Ski lifts, ski tows, j-bars, t-bars, and similar devices subject to regulation under chapter 70.88 RCW are not amusement rides. Any single-passenger coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location that does not normally require the supervision or services of an operator is not an amusement ride. Nonmechanized playground equipment including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, and physical fitness devices are not amusement rides. Permanent water slides are not amusement rides. Animal rides such as: Pony rides, riding stables, hay rides and elephant rides are not amusement rides.
(a) "Portable amusement ride" means an amusement ride which is relocated at least once per year with or without disassembly.
(b) "Permanent amusement ride" means an amusement ride which is erected to remain a lasting part of the premises.
(3) "Amusement structure" means any electrical, mechanical, nonmechanical, or air-supported device or any combinations thereof operated for revenue and to provide amusement or entertainment to viewers or audiences at carnivals, fairs, or amusement parks. A game or concession where a member of the public performs an act or makes a purchase is not an amusement structure. Examples of an amusement structure include, but are not limited to, structures commonly known as permanent steel or wooden roller coasters, a permanent dark ride or fun house, a permanent drop tower, or a permanent building enclosing a portable amusement device.
(4) "ASTM" means the American Society for Testing and Materials (F-24 committee) as it relates to amusement rides and devices. Copies of the ASTM are available from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959.
(5) "Authority having jurisdiction" means the department.
(6) "Carnival" means a mobile enterprise principally devoted to offering amusement or entertainment to patrons in, upon, or by means of portable amusement rides or structures.
(7) "Certificate of inspection" means a document given under oath or affirmation from an insurer or a person with whom the insurer has contracted to make a safety inspection of the amusement ride or structure. The certificate must contain: The name, address and signature of the inspector, the complete description of the amusement ride or structure and the name and address of the owner or operator.
(8) "Certificate of insurance" means a document certifying that the insurance required by chapter 67.42 RCW is in effect. Copies of this document/form are available from the department upon request.
(9) "Department" means the department of labor and industries.
(10) "Insurance policy" means an insurance policy written by an insurer authorized to do business in this state under Title 48 RCW.
(11) "Major modification" means any change to the original configuration or layout of components or replacement of components that are not like-for-like.
(12) "NEC" means the 2002 edition of the National Electrical Code (NFPA 70-2002) including Annex A, B, and C, but excluding Article 80. Copies of the NEC, NFPA 70-2002 are available from the NFPA (National Fire Protection Association), 1 Batterymarch Park, Quincy, Massachusetts 02169-7471.
(13) "Operating permit" means a permit that is issued by the department.
(14) "Operating permit decal" is a decal issued by the department that must be affixed on or adjacent to the control panel of the amusement ride or structure in a location visible to the patrons of the ride or structure.
(15) "RCW" means the Revised Code of Washington. Copies of RCWs are available from the office of the code reviser.
(16) "Safety inspection" means a procedure to be conducted by a safety inspector to determine whether an amusement ride or device is assembled, maintained, tested, operated, and inspected in accordance with the current ASTM standards, the manufacturer's or insurer's standards, and this chapter, whichever is the most stringent, and that determines the current operational safety of the ride or device.
(17) "Safety inspector" and "amusement ride inspector" both mean a third-party inspector authorized by the department to conduct safety inspections of amusement rides or devices in compliance with this chapter. The inspector must be an independent, third party with no organizational, managerial, financial, design, or promotional affiliation with the amusement ride or amusement structure being inspected. The inspector must not be a principal, owner, or employee of any amusement company or manufacturer doing business in the state of Washington, unless authorized by the department to conduct specific inspections on a case-by-case basis.
Inspectors who have installed, modified or repaired an amusement ride or structure may not perform the initial inspection on the equipment they have installed, modified, or repaired. The inspector must have an adequate diversity of clients or activity so that the loss or award of a specific contract regarding amusement ride or amusement structure safety certification would not be a deciding factor in the financial well being of the inspector.
(18) "WAC" means the Washington Administrative Code. Copies of WACs are available from the department and the office of the code reviser.
PDF296-403A-110
Insurance.
The following are the requirements for insurance for amusement rides and structures:
(1) An original copy of the insurance policy in an amount not less than one million dollars per occurrence from an insurer authorized to do business in the state of Washington must be filed with the department.
(2) A certificate of insurance must be presented to either the sponsor, lessor, landowner or other person responsible for an amusement ride being offered for use by the public.
(3) The insurance company must notify the department at least thirty days before canceling or revoking a policy and upon the nonrenewal of the policy.
(4) If the insurance company withdraws, cancels, revokes, suspends, or excludes coverage of any ride(s) from any policy furnished to the department, such withdrawal, cancellation, revocation, suspension, or exclusion must be plainly stated in documents furnished to the department.
(5) The department must be notified within twenty-four hours of the withdrawal, cancellation, revocation, suspension, or exclusion of insurance coverage of an amusement ride or structure for which an operating permit has been issued by the department.
PDF296-403A-120
Application for and renewal of operating permit.
(1) The person(s) making application for an operating permit for an amusement structure or an amusement ride must provide the following documentation on an application form provided by the department and pay the appropriate fee:
(a) The name, address and telephone number of the owner or operator of the amusement ride or structure together with the name and signature of the applicant.
(b) Description of amusement ride or structure. Each amusement ride or structure must be individually identified:
(i) By a trade name or title and a narrative description from which the amusement structure or ride can be identified; and
(ii) A serial number which is welded onto the frame or contained on an identification plate which is permanently affixed to the amusement structure or ride.
(c) Certificate of inspection. The amusement ride inspector or insurer per RCW 67.42.020(2) must certify that the amusement ride or structure has been inspected for safety and meets the standards for compliance with all applicable requirements of the National Electrical Code and this chapter, manufacturer's specifications, American Society of Testing and Materials (ASTM) Standards on Amusement Rides and Devices, and insurance company inspection requirements.
(d) Amusement rides or structures that undergo major modification must be recertified by an amusement ride inspector or insurer per RCW 67.42.020(2) before being placed into operation.
(2) Renewal of operating permit. An operating permit may be renewed before the expiration date by submitting an application with the proper fee and a certificate of safety inspection. The safety inspection must have been performed within thirty days before the expiration date of the operating permit.
PDF296-403A-130
Operating permit.
An amusement ride or structure must not be operated unless the owner or operator has obtained an operating permit and an operating permit decal is posted on the ride, unless a temporary operating permit has been issued as outlined in WAC 296-403A-140. The owner or operator of the amusement ride or structure must have available for inspection, at the location where the amusement ride or structure is to be operated, a copy of the operating permit for each amusement ride or structure. Each operating permit that has been issued to an owner or operator is valid for one year from the date of issue or the date of inspection whichever is less, unless revoked. The operating permit will become null and void in the event that the insurance policy is canceled or is no longer in effect or if an amusement ride or structure is materially rebuilt or materially modified.
PDF296-403A-140
Temporary operating permit.
A temporary operating permit expires after fifteen days and will not be renewed or extended unless authorized by the chief electrical inspector. The department electrical section may issue a temporary operating permit when:
(1) The insurance policy required by chapter 67.42 RCW is on file with the department; and
(2) The safety inspection of the amusement ride or structure has been performed within the last year; and
(3) The department has received a complete application for an operating permit.
PDF296-403A-150
Fees.
The fee for issuing each operating permit (including bungee jumping operating permits) and operating permit decal is ten dollars.
PDF296-403A-160
Appeals.
(1) Decisions by the department under this chapter can be appealed when:
(a) An operating permit has been denied or revoked.
(b) The department has ordered the cessation of the operation of an amusement ride or structure.
(c) An amusement ride inspector application has been denied, or certificate has been suspended or revoked.
The appeal will be conducted in accordance with chapter 34.05 RCW. An appeal does not stay the decision of the department. The appeal must be filed within twenty days after notice of the decision of the department is sent by certified mail, return receipt requested, or is served upon the owner or operator.
(2) An appeal is made by filing a written notice of appeal with the department's chief electrical inspector and must state the decision by the department that is being appealed and the relief that is desired. The formal appeal must be accompanied by a certified check for two hundred dollars which will be returned to the holder of the certificate or permit if the department's decision is overturned. If the department's decision is not overturned, the two hundred dollars will be applied to pay the costs associated with the appeal, and any balance remaining after payment of per diem and expenses will be paid into the electrical license fund.
(3) All requests for appeals must be filed with the department's chief electrical inspector, Department of Labor and Industries, 7273 Linderson Way, P.O. Box 44460, Olympia, WA 98504-4460. The filings may be submitted by ordinary mail, certified or registered mail, or by personal delivery. The date of filing is the date the paper is actually received in the office of the chief electrical inspector.
PDF296-403A-170
Amusement ride inspector qualifications.
An amusement ride inspector must meet the following minimum qualifications:
(1) Two years experience with an insurance company as an amusement ride inspector; or
(2) Two years experience inspecting amusement rides and enforcing amusement ride codes while employed by a state or other governmental body regulating amusement rides; or
(3) Not less than five years documented field operating and maintenance experience with amusement rides and devices, including responsibility for erection, assembly, disassembly; personnel supervision responsibility for erection, maintenance, and operating functions; or
(4) Not less than ten years documented practical experience in the design, construction, maintenance, repair, field inspection, and operation of amusement rides and devices as an authorized representative of a recognized amusement ride manufacturer; and
(5) In addition to the above criteria an amusement ride inspector must be certified by the department after demonstrating competency by:
(a) Passing a competency examination administered by the department; or
(b) Passing a test administered by the National Association of Amusement Ride Safety Officials for NAARSO Level II or other certification organizations recognized by the department, as an amusement ride inspector.
Those individuals who are certified by the department before December 31, 2000, will have until December 31, 2003, to take and successfully pass one of the examinations in (a) or (b) of this subsection. Individuals with at least ten years as an amusement ride inspector may become certified without testing if they were certified with the department on December 31, 2000.
(6) An amusement ride inspector may work without certification, as a trainee, if directly and continually supervised during the inspection process by a certified amusement ride inspector.
(7) This section does not apply to insurers or a person with whom the insurer has contracted with per RCW 67.42.020(2).
PDF296-403A-180
Safety and maintenance seminar.
Every amusement ride inspector must annually attend at least one amusement ride safety and maintenance seminar sponsored by the Amusement Industry Manufacturers and Equipment Suppliers, Northwestern Showman's Club, National Association of Amusement Ride Safety Officials, International Association of Amusement Parks and Attractions, or an equivalent approved by the department. All experience and schooling must be documented and verified and must be furnished to the department with an application for an amusement ride inspector certificate.
PDF296-403A-190
Safety standards for amusement rides and amusement structures.
(1) A certified amusement ride inspector will inspect amusement rides and structures for safety. Amusement rides and structures must comply with all applicable requirements of the National Electrical Code and this chapter, manufacturer's specifications, American Society of Testing and Materials (ASTM) Standards on Amusement Rides and Devices, insurance company inspection requirements, and the requirements established by the local authority having jurisdiction.
(2) The amusement ride inspector must verify the correction of all deficiencies noted on the application for an amusement ride operating decal. The correction of any deficiencies must be completed within fifteen calendar days unless the inspector has determined that deficiencies are of a serious nature that will prohibit operation of the amusement ride or amusement structure. The period to correct deficiencies may be extended for a specific period at the discretion of the safety inspector and/or the department. The amusement ride inspector must report to the department any amusement ride or structure that is not allowed to operate because of serious safety deficiencies. Any deficiencies must be reinspected by the amusement ride inspector/company or other qualified inspector/company authorized by the original ride inspector/company.
PDF296-403A-195
Incident reporting.
(1) Amusement structure/ride owner(s) and/or operator(s) must report to the department:
(a) Any incident or accident where evacuation of a ride results from an electrical or mechanical malfunction or when emergency personnel are required to assist in the evacuation; and
(b) Any incident/accident involving an amusement ride or structure involving personal injury that requires medical treatment, other than ordinary first aid. Medical treatment other than ordinary first aid means treatment beyond that which occurs at the location of the incident/accident and is provided by or under the supervision of a physician licensed to practice medicine, and the treatment is in response to a medical concern that is related directly to the incident/accident.
(2) Reports meeting the above criteria must be made in writing within twenty-four hours after any incident/accident. This report may be faxed to a phone number supplied by the department followed by the original report in the mail. The report must include a detailed description of all available facts regarding the incident/accident for review by the department. After review, the department may require the amusement ride or structure to be inspected by an amusement ride inspector before continuing the operation of the ride or structure. When the department revokes a ride operating permit, a complete and detailed account of the incident/accident must be provided to the department before a new operating permit will be issued following an incident/accident.
PDF296-403A-200
Reciprocal certificate.
The department may upon proper application, issue an amusement ride inspector certificate to an individual who meets the minimum qualifications as set forth in this chapter and who possesses a current, valid amusement ride inspector certificate in a state or province which has equal or higher standards for amusement ride inspectors as those contained in this chapter. No amusement ride inspection examination will be required of those persons who qualify for a reciprocal amusement ride inspector certificate.
PDF296-403A-210
Revocation and suspension of certification of amusement ride inspectors—Reinstatement.
(1) An amusement ride inspector's certificate of competency may be suspended or revoked for cause such as: Certifying the safety of an unsafe ride, falsifying records or reports or certifying an amusement ride or structure which he or she has not personally inspected.
(2) The suspension or revocation of a certificate of competency that is not contested will be suspended or revoked immediately. If the suspension or revocation of a certificate of competency is contested, the suspension or revocation will not occur until after a hearing has been held before the department. The inspector and his or her employer are entitled to appear at such hearings and to be heard.
(3) The department must deliver to both the inspector charged and to his or her employer (if known), not less than ten days prior to the hearing, a written notice of the charges and of the time and place of such hearing.
(4) An inspector whose certificate of competency has been suspended may apply for reinstatement not less than ninety days after the time of suspension. If the certificate of competency has been revoked, the inspector will need to reapply for certification according to this chapter.
PDF296-403A-220
Fees for examination, certification, and renewal of certification for inspectors.
(1) Fee for each application for inspector's certificate of competency and examination, one hundred dollars.
(2) Application fee (nonrefundable), twenty dollars.
(3) Fee for annual renewal of certificate of competency or reciprocal inspector certificate, twenty dollars.
PDF296-403A-230
Electrical requirements for amusement rides and amusement structures.
(1) Electrical distribution system. Service equipment, separately derived systems, feeders and circuits for each amusement ride, amusement structure or concession must comply with all applicable requirements of the National Electrical Code and chapter 296-46A WAC, as amended.
(2) Flexible multiconductor cords must be connected to equipment by approved connectors designed for the purpose or by listed cord caps. Individual conductors of multiconductor cords in sizes #2 AWG and larger are permitted to be connected by listed and labeled connection systems in accordance with Article 520-53(k) of the National Electrical Code. Where conductors are connected individually by such connection systems, the outer jacket of multiconductor cord must be secured to the electrical equipment independent from the receptacles and plugs by approved cable grips that are installed in a manner to prevent pressure from being applied to the receptacles and plugs.
(3) Individual, single conductor, insulated, portable power cable, in addition to complying with Section 525-13 of the National Electrical Code, must comply with the following:
(a) All conductors of the feeder or circuit including the equipment grounding conductor must originate in the same electrical equipment and terminate in the same equipment.
(b) All conductors of the feeder or circuit including the ungrounded, grounded, and equipment grounding conductors must run together, except for portions installed within approved cable protection systems.
(c) The cables must be secured to the electrical equipment independent from the cable receptacles and plugs by approved cable grips that prevent pressure from being applied to the connectors.
(d) The cables must be connected to electrical equipment by approved listed and labeled connection systems in compliance with Section 520-53(k) of the National Electrical Code.
(4) Disconnecting means. A separate, enclosed, externally operable fused switch or circuit breaker must be installed on each amusement ride, structure or concession to disconnect all electrical equipment. The disconnecting means must be readily accessible and identified as the disconnecting means. The disconnecting means is not required to be readily accessible when a disconnecting means meeting the requirements of NEC 525-30 is also installed. Where more than one power supply is employed, the disconnecting means must be grouped.
(5) Rotating equipment. Components of amusement rides or structures that rotate more than three hundred sixty degrees and which have electrically operated equipment, must be supplied by approved collector rings that are totally enclosed or located so they are accessible to authorized personnel only. The collector rings must be factory produced with an equipment grounding segment having a voltage and current rating that equals or exceeds the rating of the current carrying segments. Collector rings must have an ampacity not less than one hundred twenty-five percent of the full-load current of the largest device served plus the full-load current of all other devices served. Collector rings for control and signal purposes must have an ampacity not less than one hundred twenty-five percent of the full-load current of the largest device served plus the full-load current of all other devices served.
(6) Equipment grounding. All noncurrent carrying metal parts of amusement rides and structures must be grounded by an equipment grounding conductor routed with the feeder or circuit conductors in accordance with the National Electrical Code and these rules. The metallic structure must not be used as a current carrying conductor.
EXCEPTION: | The metallic structure is permitted to be used as the return path for low voltage systems that do not exceed thirty volts, provided that the ungrounded conductors are protected by an overcurrent device in accordance with the National Electrical Code and the system is factory built for such use. |
(7) Existing concessions or games electrical systems must comply with the National Electrical Code and must be maintained in full compliance with codes and standards in effect at the time they were manufactured. When new concessions or games are purchased, manufactured or constructed, or where existing concessions or games have major modification, the electrical system must comply with this chapter and the edition of the National Electrical Code in effect at the time. All concessions and games must be identified in or on the disconnecting means and in records furnished to the department with the edition of the National Electrical Code the electrical system is intended to comply with, or be certified and labeled by the department as a factory assembled structure.
PDF296-403A-240
Department on-site electrical inspection.
(1) Department electrical inspection will be done each time an amusement ride or structure is set up. Fees will be paid in accordance with chapter 296-46A WAC, as amended. An on-site electrical inspection permit and fee is not required for any amusement ride or structure when all of the following conditions are met:
(a) The ride is equipped with a supply cord that does not exceed 120 volts or 20 amps.
(b) The amusement ride inspector, on the operating permit application, has documented the size and length of the supply cord.
(c) No extension cords are used to supply the equipment.
(d) The amusement ride or structure has a current amusement ride operating permit decal.
(2) Itinerary for set-up locations must be made available to the chief electrical inspector upon request.
(3) Amusement rides that are leased and set up for private use (not operated for revenue) must also comply with the following in addition to the on-site inspection and operating permit requirements established by this chapter:
(a) The lessor must provide the lessee with manufacturer's set up instructions.
(b) The lessor or their authorized agent is responsible for providing proper set up and tear down of each amusement ride or structure (authorized agents must be under written contract to the owner or operator).
(c) The lessor is responsible to maintain proper documentation assuring that each lessee has been provided with proper manufacturer's instructions for operating and setting up each individual leased amusement ride or structure.