SPS 334.001 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 02-127: am. Register May 2003 No. 569, eff. 6-1-03.
SPS 334.002 SPS 334.002 Scope.
SPS 334.002(1)(1) Application. The provisions of this chapter apply to amusement rides open to the public and located at permanent sites or moved from site to site.
SPS 334.002(2) (2)Exclusions. The provisions of this chapter do not apply to nonmechanized playground equipment, such as swings, seesaws, stationary spring mounted animal features, rider propelled merry-go-rounds, climbers, slides, swinging gates and physical fitness devices.
SPS 334.002(3) (3)Local ordinances. A municipality may enact and enforce additional or more restrictive standards for amusement rides, provided the standards do not conflict with this chapter.
SPS 334.002 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 02-127: am. (1) Register May 2003 No. 569, eff. 6-1-03; CR 08-054: cr. (3) Register December 2008 No. 636, eff. 1-1-09.
SPS 334.003 SPS 334.003 Retroactivity. Except as otherwise specified in this chapter, the provisions of this chapter shall apply to all new and existing amusement rides.
SPS 334.003 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 02-127: am. Register May 2003 No. 569, eff. 6-1-03.
subch. II of ch. SPS 334 Subchapter II — Definitions
SPS 334.01 SPS 334.01 Definitions. In this chapter:
SPS 334.01(3) (3) "Amusement ride" means a device or animal that carries, transports or supports passengers in unusual, entertaining or thrilling modes of motion and any vehicle providing entertainment or transportation in conjunction with an amusement ride, including rider-powered and power-driven thrill rides, mild rides and ride-throughs, walk-throughs, air pillows, giant slides, and animal rides. Vehicles include parking lot trams, old fire engines, stage coaches and trains. "Amusement ride" does not include any of the following:
SPS 334.01(3)(a) (a) Aircraft under the jurisdiction of the federal aviation administration.
SPS 334.01(3)(b) (b) Railroad trains under the jurisdiction of the federal railroad administration.
SPS 334.01(3)(c) (c) Boats used on navigable waters.
SPS 334.01(3)(d) (d) Animal rides where the animal is under the control of the passenger.
SPS 334.01(3)(e) (e) Hang gliders and parachutes.
SPS 334.01(3)(f) (f) Climbing walls that do not involve a mechanical take-up or release system.
SPS 334.01(4) (4) "Approved" means approved by the department.
SPS 334.01(5) (5) "Authorized persons" are persons experienced and instructed in the work to be performed on an amusement ride and who have been given the responsibility to perform their duties by the owner or operator of an amusement ride.
SPS 334.01(6) (6) "Coin-operated ride" means an amusement ride which is activated by the insertion of a coin or token or by a push-button switch and timer.
SPS 334.01(7) (7) "Department" means the department of safety and professional services.
SPS 334.01(8) (8) "Equivalent degree of safety" means an alternative to strict compliance with this chapter provided the alternative establishes an equivalency to the subject rule and the alternative has been approved by the department.
SPS 334.01(9) (9) "Frequenter" means every person, other than an employee, who may go in or be in an amusement ride under circumstances which render such person other than a trespasser.
SPS 334.01(10) (10) "Modified ride" means an amusement ride whose structure, drive system, method of erection, or other items affecting the safety of the amusement ride have been changed, except changes recommended by the ride manufacturer.
SPS 334.01(11) (11) "Owner" means the person holding legal title to the amusement ride, or his or her designated representative, lessee or agent.
SPS 334.01(13) (13) "Professional engineer" means an engineer registered in the state of Wisconsin.
SPS 334.01(14) (14) "Properly maintained" means assembling, disassembling, transporting, operating, lubricating, greasing, oiling, testing and repairing amusement rides in accordance with recognized safe practice.
SPS 334.01(15) (15) "Recognized safe practice" means that the materials and methods used to assemble, disassemble, operate, transport, maintain, repair and modify amusement rides are:
SPS 334.01(15)(a) (a) In accordance with the written specifications and procedures of the manufacturer, the owner's liability insurance carrier, nationally recognized standards, or the written standards of the department; or,
SPS 334.01(15)(b) (b) In the absence of written specifications, procedures or standards, in accordance with the best practices of the skills and trades involved.
SPS 334.01 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 02-127: r. (1) and (2), am. (3), (5), (9), (11), (12), (14) and (15) (intro.) Register May 2003 No. 569, eff. 6-1-03; CR 08-054: r. and recr. (3), am. (9), r. (12) Register December 2008 No. 636, eff. 1-1-09; correction in (5) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.
subch. III of ch. SPS 334 Subchapter III — Administration and Enforcement
SPS 334.02 SPS 334.02 Assignment of classification of amusement rides.
SPS 334.02(1)(1) General. The department shall classify amusement rides into one of the 4 classifications as specified in s. SPS 334.03 on the basis of known characteristics of the amusement ride and any modifications made to the ride.
SPS 334.02(2) (2)Additional information.
SPS 334.02(2)(a)(a) The department may require additional information sufficient to properly classify amusement rides.
SPS 334.02(2)(b) (b) An amusement ride shall be assigned to class 3 when requested information for the amusement ride is not provided.
SPS 334.02(3) (3)Notification. The department shall notify the owner to which class the amusement ride has been assigned and of required inspections and tests.
SPS 334.02(4) (4)Reclassification. The department shall reclassify rides if the amusement rides fail to continue to meet the criteria for which they were classified.
SPS 334.02 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register June 2002 No. 558; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 334.03 SPS 334.03 Amusement ride classifications. Amusement rides shall be classified as follows:
SPS 334.03(1) (1)Class 1. Class 1 shall consist of amusement rides that are properly designed, constructed and maintained to move passengers in a mild manner.
SPS 334.03 Note Note: Examples of class 1 amusement rides include but are not limited to: - See PDF for table PDF
SPS 334.03(2) (2)Class 2. Class 2 shall consist of amusement rides that are properly designed, constructed and maintained to move passengers in a thrilling manner.
SPS 334.03 Note Note: Examples of class 2 amusement rides include but are not limited to: - See PDF for table PDF
SPS 334.03(3) (3)Class 3. Class 3 shall consist of those amusement rides which do not meet the requirements for the classes of amusement rides under sub. (1) or (2).
SPS 334.03(4) (4)Modified amusement rides. Amusement rides which have been changed, except for changes made by the manufacturer, shall be classified as modified rides.
SPS 334.03(5) (5)Ride reclassification. An amusement ride initially assigned as a class 3 ride or modified ride shall be reclassified as a class 1 or class 2 ride provided the owner supplies the department with information regarding the maintenance of the ride and one of the following:
SPS 334.03(5)(a) (a) An engineering analysis regarding the structural integrity of the ride.
SPS 334.03(5)(b) (b) A nondestructive test report of load-bearing ride components and welds.
SPS 334.03 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 08-054: am. (2), cr. (5) Register December 2008 No. 636, eff. 1-1-09.
SPS 334.035 SPS 334.035 Insurance.
SPS 334.035(1)(1) Except as provided in sub. (2), no amusement ride owner may operate a ride unless at the time there is in existence a contract of insurance providing coverage of not less than $1,000,000 per occurrence against liability for injury to persons for the ride.
SPS 334.035(2) (2) No amusement ride owner shall operate a non-mechanical ride or a coin-operated ride unless at the time there is in existence a contract of insurance for the ride providing coverage of not less than $500,000 per occurrence against liability for injury to persons.
SPS 334.035(3)(a)(a) The insurance contract to be provided under subs. (1) and (2) shall be by an insurer or surety authorized to transact business in the state.
SPS 334.035(3)(b) (b) The amusement ride owner shall be responsible for assuring that the insuring company will notify the department at least 10 days prior to cancellation or change of insurance coverage. The certificate of insurance shall acknowledge this notification responsibility.
SPS 334.035(3)(c) (c) The insurance contract or an attached schedule to satisfy the provisions of subs. (1) and (2) shall identify each amusement ride included in the coverage utilizing the ride serial number where such a number exists.
SPS 334.035 History History: Emerg. cr. eff. 1-1-08; CR 07-086: cr. Register February 2008 No. 626, eff. 3-1-08.
SPS 334.04 SPS 334.04 Registration of amusement rides.
SPS 334.04(1)(1) General. All class 1 and class 2 amusement rides shall be registered with the department annually. The fees as specified in ch. SPS 302 shall be paid and the amusement rides shall be registered prior to being opened to the public. All registrations, regardless of date of issuance, shall expire on December 31 of each year.
SPS 334.04(2) (2)Information required.
SPS 334.04(2)(a)(a) The following registration information shall be provided on forms available from the department:
SPS 334.04(2)(a)1. 1. Name and address of owner, or operator or lessee if different from owner;
SPS 334.04(2)(a)2. 2. Descriptive name, model and serial number of the amusement ride; and
SPS 334.04(2)(a)3. 3. Route, including specific sites and dates on which the amusement ride will be operated in the state. If the route is incomplete or modified, the department shall be notified prior to operation on the adjusted route.
SPS 334.04(2)(b) (b) A request for amusement ride registration shall include proof of insurance under s. SPS 334.035.
SPS 334.04 Note Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at docsales@doa.state.wi.us, or at no charge at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 334.04(3) (3)Additional information.
SPS 334.04(3)(a)(a) Additional registration information shall be provided if requested by the department.
SPS 334.04(3)(b) (b) Maintenance, operating and safety manuals shall be made available to the department by the owner, provided the manuals are available from the manufacturer.
SPS 334.04(3)(c) (c) The results of any required nondestructive testing shall be submitted to the department.
SPS 334.04(4) (4)Class 3 and modified amusement rides. Class 3 and modified amusement rides may not be opened to the public until the ride is reclassified in accordance with s. SPS 334.03 (5) and the ride has been registered with the department.
SPS 334.04(5) (5)Amusement ride registration refusal. Amusement rides shall not be registered by the department for any of the following reasons:
SPS 334.04(5)(a) (a) Unabated written safety-related orders issued by the department;
SPS 334.04(5)(b) (b) Outstanding registration and inspection fees;
SPS 334.04(5)(c) (c) Modifications, repairs or maintenance that are not in accordance with recognized safe practice; or
SPS 334.04(5)(d) (d) Failure to provide nondestructive testing information when the testing is required by recognized safe practice.
SPS 334.04(6) (6)Posting of certificate. The registration certificate shall be posted on the amusement ride so that the certificate is visible to the public. The certificate shall not be altered or defaced.
SPS 334.04(7) (7)Registration processing time.
SPS 334.04(7)(a)(a) The department shall review the registration application and grant a registration or issue a denial within 15 business days of receiving the required information and fees.
SPS 334.04(7)(b) (b) If the department requests information or fees in addition to those originally submitted, the 15-day processing time shall commence upon receipt of the requested items.
SPS 334.04(7)(c) (c) The department reserves the right to negotiate an extension of time on registration applications when the applicant is in arrears on payment of fees or compliance with safety orders issued on amusement rides under the ownership or control of the applicant.
SPS 334.04 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1994, No. 457; am. (2) (b), (c), r. (2) (d), Register, October, 1996, No. 490, eff. 11-1-96; CR 02-127: am. (1), (4) and (6) Register May 2003 No. 569, eff. 6-1-03; emerg. renum. (2) (intro.) to be (2) (a), cr. (2) (b), eff. 1-1-08; CR 07-086: renum. (2) (intro.) to be (2) (a), cr. (2) (b) Register February 2008 No. 626, eff. 3-1-08; correction in (2) made under s. 13.92 (4) (b) 1., Stats., Register February 2008 No. 626; CR 08-054: r. and recr. (4) Register December 2008 No. 636, eff. 1-1-09; correction in (1), (2) (b), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 334.05 SPS 334.05 Examination of plans.
SPS 334.05(1) (1) General. Plans and specifications for all custom-built, site-specific amusement rides not used in a portable mode shall be submitted to the department for examination and approval before construction commences.
SPS 334.05(2) (2)Plans and specifications. At least 3 sets of plans, which are clear, legible and permanent copies, and one copy of specifications shall be submitted for examination and approval before commencing construction. The plans and specifications shall contain the following information:
SPS 334.05(2)(a) (a) General. All plans shall contain the name of the owner and the address of the amusement ride. The name and seal of the Wisconsin registered architect, Wisconsin professional engineer or the name of the person who prepared the plans shall appear on the title sheet;
SPS 334.05(2)(b) (b) Plot plan. The plot plan shall indicate the location of the amusement ride with respect to property lines or adjoining streets, alleys, electrical transmission lines or other hazard which may interfere with safe operation, and any other buildings and amusement rides on the same lot or property;
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