DHS 172.36(1)(a)(a) Water attractions and play features shall be designed, assembled, constructed and maintained in accordance with recognized safe practices as defined in
s. SPS 334.01 (15), and so that maximum patron loads do not stress any part of the water attraction beyond recognized safe practices.
DHS 172.36(1)(b)
(b) Interior and exterior parts of all water attractions a patron may come into contact with shall be free of abrasives and splinters, sharp edges and corners, protruding studs, bolts, screws and other hazardous projections.
DHS 172.36(1)(c)
(c) Padding or other means to minimize injury due to patron impact resulting from the action of the water attraction shall be provided in accordance with recognized safe practice, as defined in
s. SPS 334.01 (15).
DHS 172.36(1)(d)
(d) All hazardous parts, including but not limited to pinch points, and shear points of water attractions and play features, shall be enclosed, barricaded or otherwise arranged to effectively prevent injury in accordance with recognized safe practice, as defined in
s. SPS 334.01 (15).
DHS 172.36(1)(e)
(e) Guards removed for any purpose shall be replaced before normal operation of the water attraction is resumed.
DHS 172.36(1)(f)
(f) Wheels and levers used by patrons in the control of the action of the water attraction shall be designed and maintained to prevent pinches, strains, abrasions and body actions that could result in injuries. Wheels and levers shall be padded. Wheels shall have a solid center in lieu of spokes.
DHS 172.36(1)(g)
(g) Water attractions shall be fenced, barricaded or otherwise arranged in accordance with recognized safe practice, as defined in
s. SPS 334.01 (15), so that the public is effectively prevented from entering hazardous areas.
DHS 172.36(1)(h)
(h) Fences shall be constructed to meet all of the following requirements:
DHS 172.36(1)(h)1.
1. Fences shall be at least 42 inches above the surface on which the spectators or patrons stand.
DHS 172.36(1)(h)2.
2. Fences shall be constructed to reject a 4 inch ball at all openings, including between the bottom of the fence and the surface upon which it rests.
DHS 172.36(1)(h)3.
3. Fences shall be designed, constructed and erected to inhibit overturning by spectators or patrons.
DHS 172.36(1)(h)4.
4. Where used, gates shall open away from the water attraction unless equipped with a positive latching device.
DHS 172.36(1)(i)
(i) Gates shall be designed such that, if opened during the water attraction's operation, the gate will not contact the water attraction or cause a hazard to patrons.
DHS 172.36(1)(j)
(j) Fences and gates shall be constructed to inhibit spectator contact with the water attraction and patron contact with fences or gates.
DHS 172.36 Note
Note: Horizontal members in a fence or gate may be used to improve construction or efficiency, but should be minimized to reduce the ease of climbing.
DHS 172.36(1)(k)
(k) Loading and unloading areas which are an integral part of the water attraction shall be separated from moving parts by barriers or guardrails.
DHS 172.36(1)(L)
(L) A flexible barrier, such as a rope or chain, may be used to prevent access to the passenger–carrying devices, provided the barrier is no longer than necessary and is controlled by an authorized attendant.
DHS 172.36(1)(m)
(m) Water attractions with moving sweeps shall be guarded by a standard guardrail or a center cover designed and maintained to safely support a minimum load of 200 pounds.
DHS 172.36(1)(n)
(n) Where a spectator area is provided, it shall be separated by a railing or other barrier from the water area.
DHS 172.36(2)
(2) Interactive play attractions. All interactive play attractions shall comply with all of the following requirements:
DHS 172.36(2)(a)
(a) If access to the interactive play attraction is not restricted by an enclosure, an attendant shall be present to provide periodic supervision.
DHS 172.36(2)(c)
(c) Trees and vegetation may not be allowed in the interactive play attraction area.
DHS 172.36(2)(d)
(d) Water spray features shall be activated for 30 minutes before the daily opening of the interactive play attraction.
DHS 172.36 Note
Note: A ring buoy and shepherd's crook are not required to be present for an interactive play attraction.
DHS 172.36 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
CR 09-115: am. (2) (a)
Register May 2010 No. 653, eff. 6-1-10; corrections in (1) (a), (c), (d), (g) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
DHS 172.37
DHS 172.37 Maintenance, repair, and modifications of water attractions. DHS 172.37(1)(a)(a) Water attractions shall be maintained, repaired and modified in accordance with recognized safe practice, as defined in
s. SPS 334.01 (15).
DHS 172.37(1)(b)
(b) Improperly maintained, repaired or modified water attractions may not be opened to the public.
DHS 172.37(1)(c)1.1. Defective, improper, worn or missing parts shall be replaced or repaired. Maintenance, repair and replacement parts shall be of a quality equal to or better than the original parts.
DHS 172.37(1)(c)2.
2. All work shall be performed by a competent qualified mechanic capable of understanding the function of the parts and the proper installation.
DHS 172.37(1)(c)3.
3. Non-graded bolts, nails, fasteners and wire shall be used only for their intended purposes.
DHS 172.37(1)(c)4.
4. Rotted, split or otherwise structurally unsound material shall be replaced.
DHS 172.37(2)(a)(a)
General. The owner shall arrange for all water attractions to be periodically inspected and for operational tests to be performed as specified in this subsection. Such inspections and tests shall be documented by written records and the records shall be kept as specified in
s. DHS 172.32 (3).
DHS 172.37(2)(b)
(b)
Daily inspection and operational testing. Water attractions and all pool slides shall be inspected and their operation tested each day before use by patrons. The inspection and operational test shall include the operation of all control devices and safety equipment.
DHS 172.37(2)(c)
(c)
Waterslide inspection. Every five years all waterslides shall be evaluated by an engineer for the structural stability and integrity of the slide and platform. A copy of a report signed by the engineer shall be kept on site as pursuant to
s. DHS 172.32.
DHS 172.37 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
correction in (1) (a) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
