PROPOSED RULEMAKING
DEPARTMENT OF AGRICULTURE
[7 PA. CODE CH. 139]
Amusement Rides and Attractions Erected Permanently or Temporarily at Carnivals, Fairs and Amusement Parks
[37 Pa.B. 2823]
[Saturday, June 23, 2007]The Department of Agriculture (Department) proposes to amend Chapter 139 (relating to amusement rides and attractions erected permanently or temporarily at carnivals, fairs and amusement parks) to read as set forth in Annex A.
Statutory Authority
The Amusement Ride Inspection Act (act) (4 P. S. §§ 401--419) provides the legal authority for this proposed rulemaking.
Section 4 of the act (4 P. S. § 404) prescribes the powers and duties of the Department with respect to amusement rides and authorizes the Department to adopt regulations necessary to its administration of the provisions of the act.
Purpose
The proposed rulemaking updates the Department's amusement ride and amusement attraction regulations to reflect developments in the amusement ride and amusement attractions industry in the 19 years since current regulations were last updated, moves these regulations into greater conformity with well-regarded National industry standards for the safe erection and operation of amusement rides and amusement attractions (the American Society for Testing Materials International F-24 Committee Standards) and provides a clearer set of standards for the regulated community.
Background
The amusement ride and amusement attraction industry is a vital, evolving industry. Amusement rides that are common today, such as inflatable bounce rides, climbing walls and water rides, were not in widespread use when the current regulations were last amended. In addition, as the Department has carried-out its responsibilities in administering and enforcing the current regulations over the years, it has identified provisions that are unclear, that are inconsistent with the act or that are not as comprehensive or detailed as their counterpart provisions in the American Society for Testing Materials International F-24 Committee Standards.
Drafts of the proposed rulemaking have been in existence for several years and have been circulated among the members of the Amusement Ride Safety Advisory Board (Board) on several occasions. The Board, established under the act, is an advisory body representing a broad cross-section of amusement ride and amusement attraction industry experience. The Department used this strong resource in preparing the proposed rulemaking and intends to make use of the collective expertise and experience of the Board throughout the regulatory process.
Need for the Proposed Rulemaking
The proposed rulemaking is a much-needed update of the Department's amusement ride and amusement attraction regulations. The ultimate objective of the proposed rulemaking is to help protect the health and safety of the riding public. The Department is satisfied that there are no reasonable alternatives to proceeding with the proposed rulemaking.
Overview of the Major Provisions of the Proposed Rulemaking
Section 139.2 (relating to definitions) would be amended to add two definitions to distinguish between the types of qualified inspectors of amusement rides and amusement attractions. These types are defined as ''affiliated qualified inspectors'' and ''general qualified inspectors.'' The act of February 7, 1996 (P. L. 11, No. 4) (Act 4) amended the act to address the required reporting of certain injuries sustained in the operation of amusement rides and amusement attractions and to establish several new defined terms which are repeated in § 139.2. These include definitions of ''ASTM standards'' and ''serious injury.''
Proposed amendments to § 139.4 (relating to registration) would provide a more detailed explanation of the process by which an owner of an amusement ride or amusement attraction may comply with the statutory requirement that the ride or attraction be registered with the Department prior to its operation within this Commonwealth. It would also provide more detailed guidance on the type of professional engineer's report that would be required in support of an application for registration of a ride or attraction that had not previously been successfully registered with the Department.
Section 14 of the act (4 P. S. § 414) requires the Department to divide amusement rides into one of two classifications--Class I or Class II--for purposes of establishing the minimum insurance requirements applicable to the ride or attraction, and requires that a certificate of insurance be provided to the Department. Proposed amendments to § 139.5 (relating to insurance) would add language to clearly prescribe the content of the certificate of insurance and to require that the Department be identified as a ''certificateholder'' for purposes of notification by the insurance carrier in the event of a cancellation of coverage.
Proposed amendments to § 139.6 (relating to itinerary) would allow for the filing of required itineraries by electronic means and would provide a reference to the appropriate e-mail and fax numbers by which this filing might be accomplished.
Proposed amendments to § 139.7 (relating to inspection) would restate the amusement ride and amusement attraction inspection requirements in section 7 of the act (4 P. S. § 407), provide the ride or attraction owner or lessee with a good understanding of the document and recordkeeping requirements necessary to demonstrate compliance with this requirement and affirmatively state the Department's authority to inspect the ride or attraction and review records of inspections.
The Department provides credentials to persons to act as ''qualified inspectors'' of amusement rides and amusement attractions. Proposed amendments to § 139.9 (relating to qualified inspectors) would make several revisions and clarifications to: (1) allow currently-certified qualified inspectors to continue conducting inspections under their credentials expire (at which time they would have to be certified in accordance with the proposed process in this section); (2) provide the Department flexibility to establish categories of amusement rides or attractions (such as water rides, inflatable rides, and the like) with respect to which it would certify qualified inspectors and establish training requirements; (3) clarify the application process, the renewal of certification and continuing education requirements; and (4) establish standards for revocation of a certification issued under that section.
Proposed amendments to § 139.11 (relating to accident reporting) track with changes in Act 4.
Proposed amendments to § 139.13 (relating to penalties) would provide more detail on the procedure by which the Department may pursue civil penalties regarding violations of the act or its attendant regulations, and prescribe a process by which a civil penalty could be challenged.
Proposed amendments to § 139.41 (relating to general) would clarify the design and construction standards that are applicable to a given amusement ride or amusement attraction. The ASTM International F-24 Committee Standards are an evolving set of highly-regarded industry standards for the safe design and operation of amusement rides and amusement attractions. Since these standards change over time, the proposed amendments would clarify which version of these standards is applicable to a given ride or attraction.
Proposed amendments to § 139.71 (relating to general requirement) would require that amusement rides and amusement attractions be operated in conformance with ASTM International F-24 Committee Standards.
Proposed amendments to § 139.76 (relating to ride operators and attraction attendants) would formalize a requirement that there be an adequate number of operators and attendants present when a ride or attraction is in operation, and would require that operators and attendants be present in at least the numbers recommended by the ride or attraction manufacturer.
The proposed rulemaking would also make a number of technical and grammatical corrections.
Affected Individuals and Organizations
The proposed rulemaking would impact upon the amusement ride and amusement attraction industry, as well as upon the riding public. There are approximately 7,400 registered amusement rides and amusement attractions that are either located within this Commonwealth or that are brought into this Commonwealth (for events such as fairs and carnivals) each year. There are approximately 675 owners or lessees of these rides and attractions. This community of ride and attraction owners and lessees would be impacted by the proposed rulemaking, as would the riding public.
Fiscal Impact
Commonwealth. The proposed rulemaking would impose no costs and have no fiscal impact on the Commonwealth.
Political subdivisions. The proposed rulemaking would impose no costs and have no fiscal impact upon political subdivisions.
Private sector. The proposed rulemaking might impose some new costs on amusement ride or amusement attraction owners or operators. The proposed rulemaking might require some owners or operators to hire additional operators or attendants for their rides and attractions to meet or exceed the minimum number recommended by the ride or attraction manufacturer. The other changes that would be established by the proposed rulemaking would not have appreciable fiscal impact upon the private sector. Since this proposed rulemaking would move the Commonwealth's standards into greater conformity with the ASTM International Y-24 Committee Standards and these standards are the widely-accepted industry standards for amusement ride and amusement attraction design, construction and operation, the related industry is either already in compliance with these standards or can readily come into compliance with these standards without appreciable costs.
General public. The proposed rulemaking would impose no costs and have no fiscal impact on the general public. The proposed rulemaking would enhance public safety.
Paperwork Requirements
The proposed rulemaking is not likely to appreciably impact upon the paperwork generated by the Department or the regulated community.
Effective Date
The proposed rulemaking will be effective upon publication in the Pennsylvania Bulletin as final-form rulemaking.
Sunset Date
There is no sunset date for the proposed rulemaking. The Department will review the efficacy of this proposed rulemaking on an ongoing basis.
Public Comment Period/Contact Person
Interested persons are invited to submit written comments regarding the proposed rulemaking within 30 days following publication in the Pennsylvania Bulletin to the Department of Agriculture, Bureau of Ride and Measurement Standards, Division of Ride Safety, 2301 North Cameron Street, Harrisburg, PA 17110-9408, Attention: Joe Filoromo.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 13, 2007, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
DENNIS C WOLFF,
SecretaryFiscal Note: 2-102. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART V-D. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS
CHAPTER 139. AMUSEMENT RIDES AND ATTRACTIONS [ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS]
Subchapter A. REGISTRATION AND INSPECTION § 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 [and], 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:
* * * * * (2) Single passenger, coin-operated, manually, mechanically[,] or electrically operated rides except where admission is charged for the use of the equipment.
* * * * * (6) Ski lifts, elevators or rides to the extent they are registered and regulated by [the Department of Labor and Industry] any other agency of the Commonwealth.
(7) Amusement attractions, and amusement rides regulated by another Commonwealth agency and waterslides, to the extent that they are regulated by the Department of [Environmental Resources] Health for [water quality,] pool design, sanitary facilities[, lifeguards] and similar features.
§ 139.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Affiliated qualified inspector--A qualified inspector with a Department-issued certificate and credential card authorizing that person to act as a qualified inspector only with respect to the amusement rides or amusement attractions of the owner or lessee designated on that certificate and credential card. An affiliated qualified inspector is not a general qualified inspector.
* * * * * 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 currently named and known as ASTM International.
ASTM International--The organization formerly known as ASTM or the American Society for Testing Materials.
ASTM International F-24 Committee Standards--The ASTM standards promulgated by the ASTM International F-24 Committee, as published in the current annual book of ASTM International Standards Volume 15.07, or its successor document.
ASTM standards--[ASTM Standards on Amusement Rides and Devices F698-83, F747-82, F770-82, F846-83, F853-83 and F893-84, published October 1984, in pamphlet format in the Annual Book of ASTM Standards] Standards promulgated by the ASTM entitled Standard Guide for the Classification of Amusement Ride and Device Related Injuries and Illnesses, designation ASTM F 1305, or its successor, which provide procedures 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.
* * * * * Class I 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 ride or attraction is a comparatively simple ride such as bumper cars, bumper boats, a multi-passenger 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, designated 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)(2)).
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, designated 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 of Agriculture of the Commonwealth.
(ii) The term includes employees of the Department.
* * * * * General qualified inspector--A qualified inspector with a Department-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--Inspection by a qualified [certified] inspector of an amusement ride, device or attraction for compliance with the act and this chapter.
Kiddy ride or kiddie ride--An amusement ride or attraction designed primarily 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--A change in either the structural or operational characteristics of [the ride or device which will] an amusement ride or amusement attraction which can alter its performance from that specified in the manufacturer's design criteria.
* * * * * National Electrical Code--The National Electrical Code NFPA No. [70-1984] 70-E, as revised, amended or corrected.
New amusement ride or amusement attraction--An amusement ride or attraction of a design not [preivously] 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 movement of the ride or--in the case of nonmechanical rides (such as slides) or attractions--the movement of persons on or through the ride or attraction, 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 amusement ride or amusement attraction and that is required to meet the ASTM International F-24 Committee Standards.
* * * * * Owner--
(i) A person who owns an amusement ride or attraction[, or the lessee if the amusement ride or attraction is leased].
(ii) The term excludes the Commonwealth or its political subdivisions.
Pennsylvania Construction Code Act--35 P. S. §§ 7210.101--7210.1103.
Permanent structure--A structure, enclosure or arrangement of parts, used or 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, business trust, other association, government entity (other than the Commonwealth), estate, trust, foundation or natural person.
Professional engineer--An individual licensed and registered under the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §§ 148--158.2) or a successor statute to engage in the practice of engineering.
* * * * * Serious injury or illness--[Permanent or prolonged impairment of the body in which part of the body is made functionally useless or substantially reduced in efficiency.]
(i) An injury or illness that requires one or more of the following:
(A) Offsite emergency first aid.
(B) Offsite medical treatment, whether it is administered or recommended 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, dismemberment, significant disfigurement or permanent loss of the use of a body organ, member, function or system.
Temporary structure--A structure, enclosure or arrangement of parts used, 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.
§ 139.3. Compliance.
(a) General requirement. Owners [and ride operators operating], lessees and operators of amusement rides or attractions in this Commonwealth shall comply with this chapter.
(b) Use of nonconforming rides or attractions prohibited. An amusement ride 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 [complaince] compliance with this chapter, the units shall either be removed from the operating area of the ride or shall be taken out of service and clearly marked with a sign reading ''Out of Service'' if the defects or removal do not jeopardize the safety of the entire ride or attraction.
§ 139.4. Registration.
(a) Registration required. An owner intending to operate or use an amusement ride or an amusement attraction in this Commonwealth during a calendar year shall register the amusement ride or amusement attraction with the Department prior to operation.
(b) Duration of registration. [An amusement ride or attraction which has undergone major modification shall be registered and inspected by a qualified inspector before its operation for use by the public.] Registration of an amusement ride or an amusement attraction shall expire as of the earlier of the following:
(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) [Registration includes the following:
(1) Owner's name, address and telephone number.
(2) Type of activity, park, carnival or fair.
(3) List of each ride or attraction by ride name, manufacturer's name and serial number.
(4) Name of owner's insurance company.]
Obtaining a registration application. A person may obtain an amusement ride or amusement attraction registration application form by contacting the Department as described in § 139.14 (relating to contacting the Department). The Department will provide the form upon request, and make the form available for download through the Department's website: www.agriculture.state.pa.us.
(d) Contents of registration application form. A registration application form will require the following information:
(1) The name, address, e-mail address and telephone number of the owner.
(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, the registration number appearing on the registration plate issued by 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) A list 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 insurance 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, verification 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, acknowledging familiarity with the ride or attraction at issue, acknowledging familiarity 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 specifications.
(C) Data pertinent to the design, structures, and factors of safety and performance are in accordance with accepted engineering practices.
(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 shall automatically cease 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 representations in the application are accurate and complete, and making that verification subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification 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 attraction meets the requirements in subsection (d)(7)(ii)(A)--(D). This request 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. A person who registers an amusement ride or amusement attraction in accordance with this section shall, during the registration 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 ride or amusement attraction in a location where the plate is plainly visible to the riding public, and shall promptly request a replacement plate when necessary.
(g) Refusal or revocation of registration. If the Department issues a written denial of registration as described in subsection (e)(2), it will afford the applicant 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 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 a unique registration number, with respect to each amusement ride or amusement 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. Although the Department will not charge a fee for the issuance of a registration plate, it will charge a registrant $30 to replace a lost or obliterated registration plate. This charge reflects the reasonable cost to the Department of replacing a registration plate.
(i) Inspection of amusement rides or amusement attractions. The Department may inspect any amusement ride or attraction, or any device or location it reasonably believes to be an amusement ride or attraction, to determine whether the ride or attraction is properly registered. The inspection shall be conducted in accordance with § 139.7(d) (relating to inspection).
§ 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 [within the owner's control]. The insurance policy shall be procured from an insurer or surety authorized to do business in this Commonwealth [or eligible to do business under section 7 of the act of January 24, 1966 (1965) (P. L. 1509, No. 531), referred to as the Surplus Lines Insurance Law and shall be in the following amounts:].
(1) [For an attraction or amusement ride qualified to meet a Class I designation according to a list maintained by the Department, including bumper cars, bumper boats, coin-operated kiddie rides, go-carts, live animal rides, manually powered rides, miniature trains, moon walks, slides and similar devices--] 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) [For an attraction or amusement ride qualified to meet a Class II designation according to a list maintained by the Department--] 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. [A] An owner or operator shall deliver a valid certificate of insurance [shall be furnished] to the Department prior to the operation of [a] 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 that the insuring company notifies the Department immediately upon cancellation or change of coverage [and the certificate shall acknowledge the notification responsibility].
(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 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.
§ 139.6. Itinerary.
The owner or operator of an amusement park, carnival, fair, or other itinerant amusement ride or amusement attraction registered with the Department shall [file] deliver an itinerary [with] to the Department [no less than] at least 15 days prior to the operation of a ride or attraction for use by the public in this Commonwealth. This delivery may be accomplished by mail, e-mail, personal delivery or fax transmission to the fax number provided in § 139.14 (relating to contacting the department). The itinerary [shall] must include the following:
(1) The name of the amusement ride or amusement attraction owner.
* * * * * (3) The carnival, fair [or], activity sponsor and, if available, the name and telephone number of a contact person for the event.
(4) The address and telephone number of the activity site, the fax number of the site (if available) and an e-mail address for the site (if available).
* * * * * § 139.7. Inspection.
(a) General inspection requirement. An owner or lessee of an amusement ride or amusement attraction shall have the ride inspected in accordance with section 7 of the act (4 P. S. § 407) and this chapter.
(b) Occasions when inspection is required. An amusement ride or amusement attraction shall be inspected as follows:
Location Type Interval Any location Amusement ride or amusement attraction Prior to operation for the riding public, and on a monthly basis thereafter Amusement park Amusement ride or amusement attraction Prior to operation for the riding public, and on a monthly basis thereafter Fair or carnival Amusement ride or amusement attraction Prior to operation for the riding public at each new location Any location New amusement ride or amusement attraction Prior to operation for the riding public Any location Amusement ride or amusement attraction that has undergone major modification Prior to operation for the riding public (c) Qualified inspector to conduct inspection. The amusement ride or amusement attraction owner or lessee shall engage a qualified inspector [certified by the Department] to perform the inspections required by the act and this chapter. [Rides or attractions to be operated by the owner shall be] The owner or lessee shall make the amusement ride or amusement attraction available to the qualified inspector [and the owner will be held]. The owner or lessee shall be solely responsible for all expenses in connection with the inspection. The qualified inspector shall, at the conclusion of an inspection, issue the owner or lessee the original plus one copy of a complete inspection affidavit form, as described in § 139.8 (relating to inspection affidavits), and retain a copy for the qualified inspector's records.
[(b) The owner or lessee shall have inspection performed by a qualified inspector on the following:
(1) An amusement park ride or attraction on a 30 operating day basis during a season for operation for use by the public.
(2) A fair, carnival ride and attraction before its operation at a new location.
(3) A new or modified amusement ride and attraction before its operation for use by the public begins.]
(d) Inspection by the Department. The Department may inspect any amusement ride or amusement attraction (including the operation of that amusement ride or amusement attraction), or any device or location it reasonably believes to be an amusement ride or amusement attraction, to determine whether the ride or attraction is properly registered, whether the ride or attraction has been inspected by a qualified inspector, whether the qualified inspector has performed a competent inspection of the ride or attraction and whether the ride or attraction otherwise complies with the requirements of the Act and this chapter. The inspection may be unannounced or with advance notice to the owner or lessee. The Department will endeavor to conduct these inspections at reasonable times and with a minimum intrusion, unless otherwise necessary to safeguard the public.
(e) Responsibility of owner, lessee or operator to allow inspection. An owner, lessee or operator shall allow the Department to inspect an amusement ride or amusement attraction, and may not hinder or impede the Department in the performance of the inspection.
(f) Responsibility of owner, lessee or operator to produce records. At the request of the Department, an owner, lessee or operator shall produce documentation as to both the operation and maintenance of an amusement ride or amusement attraction.
§ 139.8. Inspection affidavits.
(a) Inspection affidavit required. [The] An owner or lessee shall, with respect to each amusement ride or amusement attraction that is to be operated for use by the public, file a written affidavit with the Department, affirmed by a qualified inspector, that the amusement ride or amusement attraction [complies with the act and this chapter. The affidavit shall be filed for each amusement ride and attraction which is to be operated for use by the public] has been inspected in accordance with the requirements of the act and this chapter, and meets those requirements. A single inspection affidavit may pertain to multiple amusement rides or amusement attractions.
(b) Filing the inspection affidavit. [The affidavit shall be filed by mail] An owner or lessee shall file an inspection affidavit with the Department within 48 hours of the inspection[, and a copy shall be available upon request at the ride or attraction site when the ride is being operated for public use]. Filing shall be accomplished in accordance with § 139.14 (relating to contacting the Department).
(c) Copy of inspection affidavit to be retained for inspection onsite. An owner or lessee shall be responsible to ensure that a copy of the inspection affidavit described in subsection (b) is retained at the site where the amusement ride or amusement attraction is being operated for public use. The inspection affidavit shall be made available for inspection upon request of the Department. The Department may retain the onsite copy of the inspection affidavit, provide the owner, lessee, operator or attendant a receipt for the same, and allow the amusement ride or amusement attraction to continue being operated for public use.
(d) Notice of compliance to be posted. [The] An owner [of the] or lessee of an amusement ride or amusement attraction shall post a notice advising the public of compliance with the act. This notice is in addition to any registration plate issued in accordance with § 139.4 (relating to registration). The notice shall be posted at a place readily observed by the public and [shall] consist of a sign made of [substantial and, if exposed to the elements, of weatherproof] durable material [with] suitable for the location where it is posted. The notice must be on a bright green background [and], with white lettering. The size of the letters [may not be less than] must be at least 1/2 inch in height and 1/8 inch width stroke reading:
THIS RIDE HAS (OR ALTERNATE--THE RIDES IN THIS PARK, CARNIVAL, FAIR, ETC. HAVE) [HAS] BEEN INSPECTED AS REQUIRED BY THE PENNSYLVANIA AMUSEMENT RIDE INSPECTION ACT.
§ 139.9. Qualified inspectors.
(a) [It is the policy of the Department to accept voluntary registration of an individual or an agency registration of an individual if there is acceptable evidence that the individual has a thorough working knowledge of pertinent statutes relating to amusement rides and attractions and this chapter.] General. The Department will certify persons who meet the requirements of this section to act as qualified inspectors. Any inspection of an amusement ride or amusement attraction required under the act shall be conducted by a qualified inspector who is certified by the Department with respect to the category of amusement ride or amusement attraction that is being inspected. Persons who have been certified by the Department as qualified inspectors prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) may continue to inspect amusement rides and attractions under authority of that certification, but shall meet the requirements of this section when the qualified inspector next renews the certification in accordance with subsection (k).
(b) [The Department will hold examinations as qualified amusement ride/attraction inspectors, at times determined by the Department. Persons desiring to take the examination shall forward their applications to the Department, on forms provided by the Department, in a reasonable time prior to the day of examination and include a fee of $50 for a 3-year certification period.] Certification categories. The Department will categorize amusement rides and attractions, and will be guided by ASTM categorizations of amusement rides and attractions in this categorization process. The Department will establish specific written tests or hands-on tests, or both, with respect to each category. These categories may address water rides, climbing walls, kiddie rides, train rides, hydraulics, inflatable rides or any other category described in ASTM standards and designated by the Department. The Department will publish the current list of certification categories on its website (www.pda.state.us). The Department may categorize an amusement ride or amusement attraction in a manner other than as categorized by ASTM if there is no applicable ASTM categorization or the Department, in its discretion, believes another categorization is more appropriate.
(c) [Only applicants who meet the Department's requirements for education, training and are experienced in the erection and dismantling of amusement rides will be permitted to take the examination. The examination will consist of two parts, class I and class II, and those found competent through examination will be awarded a certificate and a credential card authorizing them to inspect amusement rides/attractions according to a listing maintained by the Department for each class. A certified inspector does not become an employe, agent or authorized representative of the Department, nor may he represent himself to be.] Application. A person may apply to the Department to become a qualified inspector. A qualified inspector application form may be obtained by contacting the Department through any means described in § 139.14 (relating to contacting the Department). The qualified inspector application form will require the following information:
(1) The name, address and telephone number of the applicant.
(2) The e-mail address of the applicant (if it exists).
(3) The name, address and telephone number of the particular owner or lessee with respect to which the applicant seeks to become an affiliated qualified inspector, if the applicant seeks to be an affiliated qualified inspector.
(4) A detailed description of the education, training or experience of the applicant with respect to the safe erection, operation and dismantling of the amusement rides and attractions.
(5) The specific categories of amusement rides or amusement attractions with respect to which certification is sought.
(6) Verification that the applicant is at least 18 years of age as of the date of the qualified inspector application form.
(7) The signature of the applicant, verifying that representations made in the application are true and correct, and made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(d) [Credential cards will be issued for a 3-year period. Credential cards will be renewed for 3 years following written application to do so, and upon Department confirmation that the applicant has been active in the inspection of amusement rides and has attended an industry sponsored school, such as the A.R.E.A. Safety and Maintenance Seminar or its equivalent, during the 3-year period. If an applicant for credential card renewal has not remained sufficiently active in the inspection of amusement rides, reexamination may be required.] Application fee. The application fee with respect to a qualified inspector application form is $50. This fee is not refundable, and shall be paid by check or money order made payable to the ''Commonwealth of PA'' in that amount.
(e) [Credential cards will be issued in the name of the inspector identifying the scope of the inspector's authority, such as being limited only to specific owners of equipment. Separate cards are required for each affiliatation or for independent status.] Filing the application. An applicant shall submit a complete qualified inspector application form to the Department by mailing or delivering the form, together with the fee described in subsection (d), to the address in § 137.14 (relating to contacting the Department).
(f) [The Secretary may suspend a credential card for cause, but no certificate may be revoked until the inspector has been granted a hearing.] Department review and action. The Department will promptly review an application to determine whether the application form is complete and will, within 30 days of receiving the application, provide the applicant the following by mail or electronic means:
(1) An acknowledgment of receipt of the complete application.
(2) A schedule showing dates, times and locations of upcoming Qualified Inspector Tests, and instructions for scheduling the applicant to sit for the test.
(3) Written instructions as to how the applicant may download a Qualified Inspector Test study packet from the Department's internet website, receive a test study packet by e-mail or request the Department mail the applicant a test study packet.
(g) Qualified Inspector Test. The Qualified Inspector Test shall be a written test or a hands-on test, or both, measuring the experience and ability of the applicant with respect to the safe erection, operation and dismantling of amusement rides or attractions that are in the category of amusement ride or amusement attraction with respect to which certification is sought. The test may address multiple categories of amusement rides and attractions. The Department will score a Qualified Inspector Test within 30 days after it is administered. The passing score for the test shall be 70% or higher. The Department will promptly report the results to the applicant by mail or electronic means.
(h) Qualified inspector's certificate and credential card.
(1) If an applicant passes the Qualified Inspector Test, the Department will issue a certificate and a credential card identifying the applicant as a qualified inspector of amusement rides and attractions, specifying whether the person is an affiliated qualified inspector or a general qualified inspector, and setting forth the following:
(i) The name of the qualified inspector and, on the credential card only, a photograph of the qualified inspector.
(ii) The date of certification and the expiration date.
(iii) The particular owner or lessee with respect to which the applicant is authorized to act as an affiliated qualified inspector, if the application does not specify an affiliation, if issued to an affiliated qualified inspector.
(iv) The categories of amusement rides or attractions with respect to which the applicant is certified as a qualified inspector.
(2) The certificate and credential card will remain the property of the Department and shall, upon the written request of the Department, be surrendered to the Department. The applicant shall be responsible to coordinate with the Department to obtain the photograph required for the issuance of the credential card.
(i) Powers of affiliated qualified inspectors and general qualified inspectors.
(1) An affiliated qualified inspector may do the following:
(i) Conduct an inspection of an amusement ride or amusement attraction that is both of the following:
(A) Owned or leased by a person designated on the affiliated qualified inspector's certificate and credential card.
(B) Within a category with respect to which the qualified inspector is certified.
(ii) Issue inspection affidavits as described in § 139.8 (relating to inspection affidavits).
(iii) Charge a fee for conducting an inspection, but not a fee that varies with whether an amusement ride or amusement attraction passes or fails the inspection.
(2) A general qualified inspector may do the following:
(i) Conduct an inspection of an amusement ride or amusement attraction that is within a category with respect to which the qualified inspector is certified.
(ii) Issue inspection affidavits as described in § 139.8.
(iii) Charge a fee for conducting an inspection, but not a fee that varies with whether an amusement ride or amusement attraction passes or fails the inspection.
(j) Duration of certification. A qualified inspector's certification will expire 3 years from the date of certification, unless revoked or suspended earlier by the Department.
(k) Renewal of current certificate and credential card.
(1) A qualified inspector may renew certification by delivering to the Department, at the address in § 139.14 and prior to the expiration of the current certificate and credential card, a complete renewal form. A person may obtain this form by contacting the Department through any means described in § 139.14. The renewal form will require the information described in subsection (c)(1)--(7), and the following:
(i) Information to verify that the applicant has met the continuing education requirement in subsection (l). This information must include course dates, locations and descriptions, copies of course completion certificates and other information necessary to demonstrate attendance at the course and successful completion of the course requirements.
(ii) A nonrefundable $50 application fee, by check or money order made payable to the ''Commonwealth of Pennsylvania'' in that amount.
(2) The Department will, within 30 days of receipt of a complete renewal form, mail or deliver to the applicant approval or denial of the requested renewal, or a request for additional information. If the Department denies the renewal it will provide written notice of the basis for denial. A renewed certificate will be valid for the period described in subsection (j).
(l) Continuing education requirement. As a prerequisite to renewal of certification under subsection (k), an affiliated qualified inspector shall attend at least 24 hours of relevant Department-approved continuing education training in the area of safe amusement ride and attraction erection and operation during the period of certification. A general qualified inspector shall attend at least 48 hours of this training during the period of certification. If a qualified inspector fails to comply with this continuing education requirement, certification will expire as of the expiration date on the qualified inspector's current certificate and credential card. If the Department determines that amusement rides or amusement attractions belonging to a particular category established under subsection (b) are of a comparatively simple design or operation to reasonably justify a requirement of fewer hours of continuing education for qualified inspectors of that particular category of amusement ride or amusement attraction than are otherwise required under this subsection, it may establish this continuing education requirement by publishing notice of this requirement in the Pennsylvania Bulletin, posting notice of this requirement on its website and providing all qualified inspectors for the subject category of amusement ride or amusement attraction with written notice of this requirement.
(m) Revocation or suspension of certification. The Department may revoke the certification of a qualified inspector for cause, after providing the qualified inspector written notice and opportunity for a hearing. A revocation will be for a specific period of time determined by the Department. The circumstances justifying revocation include the following:
(1) Allowing another person to conduct an amusement ride or amusement attraction inspection under authority of the certificate or credential card.
(2) Issuing an inspection affidavit without first conducting a thorough inspection of the amusement ride or amusement attraction that is the subject of the inspection affidavit.
(3) Issuing an inspection affidavit with respect to an amusement ride or amusement attraction that does not meet the requirements of the act and this chapter.
(4) Representing a qualified inspector to be an employee or agent of the Department.
(5) Inspecting an amusement ride or amusement attraction that is not in the category of amusement ride or amusement attraction with respect to which the qualified inspector is certified.
(6) Basing an inspection fee amount upon whether an inspection affidavit is issued with respect to the amusement ride or amusement attraction inspected.
(7) Altering or defacing a certificate or credential card for the purpose of obscuring or misrepresenting the information on either document.
(8) Other violations of the act or this chapter.
§ 139.10. [Advisory Board] (Reserved).
[(a) For the purpose of advising the Secretary when determining factual interpretations amending or repealing this chapter and for evaluating petitions for exception or variance from this chapter, the Governor will appoint an Advisory Board on Amusement Ride/Attraction Safety consisting of nine members. Members will include the following:
(1) A representative of the amusement ride manufacturers.
(2) The President of the Pennsylvania State Showman's Association.
(3) The Chairman of the Pennsylvania Amusement Park Association.
(4) The President of the Pennsylvania Amusement Park Association.
(5) The President of the Pennsylvania County Fairs Association.
(6) A mechanical engineer.
(7) Two public representatives.
(8) The Secretary, who will be designated by the Governor as the Chairman.
(b) The Board will be known as the Amusement Ride Safety Advisory Board.
(c) The Board will hold public hearings at a time and place that the Board specifies to carry out its responsibilities.]
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