SPS 334.11 SPS 334.11Petition for variance. The department shall consider and may grant a variance to a nonstatutory provision of this chapter in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.
SPS 334.11 Note Note: Chapter SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter SPS 303 also requires the department to process regular petitions within 30 business days and priority petitions within 10 business days.
SPS 334.11 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 http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 334.11 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 02-127: r. and recr. Register May 2003 No. 569, eff. 6-1-03; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 334.12 SPS 334.12Penalties. Penalties for violation of any provision of this chapter shall be assessed in accordance with s. 101.02, Stats.
SPS 334.12 Note Note: Section 101.02 (13) (a), Stats., indicates penalties will be assessed against any employer, employee, owner or other person who fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the department, for which no penalty has been specifically provided, or who fails, neglects or refuses to comply with any lawful order made by the department, or any judgment or decree made by any court in connection with ss. 101.01 to 101.25, Stats. For each such violation, failure or refusal, such employee, owner or other person must forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each violation.
SPS 334.12 Note Note: Section 101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the department will constitute a separate and distinct violation of such order.
SPS 334.12 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92.
subch. IV of ch. SPS 334 Subchapter IV — Tests and Record Keeping
SPS 334.15 SPS 334.15Periodic inspections and operational tests.
SPS 334.15(1)(1)General. The owner shall arrange for all amusement rides to be subjected to periodic inspections and operational tests as specified in this section. Such inspections and tests shall be documented by written records and the records shall be kept as specified in s. SPS 334.18.
SPS 334.15(2) (2)Inspection at assembly. A visual inspection for defects of the amusement ride shall be made at assembly of the ride. Inspection of all fastening devices shall be made to assure that fasteners recommended by the manufacturer have been properly installed.
SPS 334.15(3) (3)Daily inspection and operational tests.
SPS 334.15(3)(a)(a) Except as provided in par. (b), amusement rides shall be inspected and their operation tested each day before use by frequenters. The inspection and operational test shall include the operation of all control devices, speed-limiting devices, brakes and other equipment provided for safety.
SPS 334.15(3)(b) (b) Coin-operated amusement rides shall be inspected and operation tested at least once a week.
SPS 334.15 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 08-054: renum. (3) to be (3) (a) and am., cr. (3) (b) Register December 2008 No. 636, eff. 1-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 334.16 SPS 334.16Nondestructive tests.
SPS 334.16(1) (1)Scope and nature of tests. A nondestructive test, such as but not limited to magnetic particle, x-ray, dye penetrant or ultrasonic, shall be performed on the ride in accordance with recognized safe practice.
SPS 334.16 Note Note: Manufacturers and other recognized authorities are encouraged to submit to the department a list of parts that require testing, the appropriate methods of testing and the time between tests.
SPS 334.16(2) (2)Test period. When required in accordance with recognized safe practice, nondestructive tests of all class 1 and class 2 amusement rides shall be performed every 3 years or 3,000 hours of operation, whichever comes first, or at testing intervals required by the manufacturer. The time interval shall be based upon the date of the previous test report.
SPS 334.16(3) (3)test conductor. The nondestructive test shall be performed by an individual who has achieved a rank of at least level II technician certified by the American Society for Nondestructive Testing or by a professional engineer.
SPS 334.16 Note Note: A level II NDT technician is an individual capable of conducting the examination and having sufficient training and experience to evaluate the results. For further explanatory information, see the American Society for Nondestructive Testing recommended practice SNT-TC-1A for nondestructive testing personnel qualification and certification.
SPS 334.16(4) (4)Record of tests. The test method and results shall be documented by the person conducting the test. Test documentation shall be maintained and made available to the department as specified in s. SPS 334.18.
SPS 334.16 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 02-127: am. (2) Register May 2003 No. 569, eff. 6-1-03; CR 08-054: r. (2) (b), renum. (2) (a) to be (2), r. and recr. (3), cr. (4) Register December 2008 No. 636, eff. 1-1-09; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 334.18 SPS 334.18Record keeping.
SPS 334.18(1) (1)Owner responsibility.
SPS 334.18(1)(a)(a) Records related to amusement ride safety shall be kept and retained by the amusement ride owner and shall be made available to the department upon request.
SPS 334.18(1)(b) (b) Each amusement ride owner shall prepare an operating fact sheet for each amusement ride regarding operating policies and procedures. The fact sheet shall be made available to each ride or device operator and attendant.
SPS 334.18(2) (2)Required records. Records shall be kept of the following:
SPS 334.18(2)(a) (a) Inspections at time of assembly as specified in s. SPS 334.15 (2);
SPS 334.18(2)(b) (b) Daily inspections and operational tests as specified in s. SPS 334.15 (3);
SPS 334.18(2)(c) (c) Nondestructive tests as specified in s. SPS 334.16;
SPS 334.18(2)(e) (e) The hours of operation since the last nondestructive test.
SPS 334.18(3) (3)Accuracy of records. An authorized person shall sign the records to attest to their accuracy.
SPS 334.18(4) (4)Retention of records.
SPS 334.18(4)(a)(a) Records for at least the 30 previous days of operation as specified in sub. (2) (a) and (b) and the most recent nondestructive tests as specified in s. SPS 334.16 shall be kept with the amusement ride.
SPS 334.18(4)(b) (b) All records shall be kept at least 7 years.
SPS 334.18 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 02-127: r. (2) (d) Register May 2003 No. 569, eff. 6-1-03; CR 08-054: renum. (1) to be (1) (a), cr. (1) (b) Register December 2008 No. 636, eff. 1-1-09; correction in (2) (a), (b), (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. V of ch. SPS 334 Subchapter V — Design and Construction
SPS 334.19 SPS 334.19Design and construction. Amusement rides shall be so designed and constructed that the maximum loads do not stress any part beyond recognized safe practice.
SPS 334.19 Note Note: ASTM F1159 may be used as a guide in the design and manufacture of amusement rides.
SPS 334.19 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 334.20 SPS 334.20Emergency brakes and anti-rollback devices.
SPS 334.20(1)(1)Emergency brakes.
SPS 334.20(1)(a)(a) If cars or other components of an amusement ride may collide upon failure of normal controls, emergency brakes to prevent such collisions shall be provided.
SPS 334.20(1)(b) (b) A braking mechanism shall be provided to bring the amusement ride to a controlled stop in the case of uncontrolled motion of the ride.
SPS 334.20(2) (2)Anti-rollback devices. On amusement rides which make use of inclines where there is danger of collision if the propelling mechanism fails, automatic anti-rollback devices shall be installed to prevent backward movement of the passenger-carrying devices in case of failure of the propelling mechanism.
SPS 334.20 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92.
SPS 334.21 SPS 334.21Speed-limiting devices. An amusement ride capable of exceeding its safe operating speed shall be provided with a speed-limiting device.
SPS 334.21 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92.
SPS 334.22 SPS 334.22Passenger-carrying devices.
SPS 334.22(1) (1)General. All passenger-carrying devices shall be designed, assembled, operated and maintained in accordance with recognized safe practices.
SPS 334.22(2) (2)Protection from lacerations, abrasions and punctures. Interior and exterior parts of all passenger-carrying devices with which a passenger may come into contact shall be free of abrasives and splinters, sharp edges and corners, protruding studs, bolts, screws and other hazardous projections.
SPS 334.22(3) (3)Protection from impact injuries. Padding or other means to minimize injury due to passenger impact resulting from the action of the amusement ride shall be provided in accordance with recognized safe practice.
SPS 334.22(4) (4)Loading and unloading.
SPS 334.22(4)(a)(a) Securely attached grab bars, steps and similar devices that facilitate safe entrance and exit shall be provided in accordance with recognized safe practice.
SPS 334.22(4)(b) (b) When provided, required or recommended by the manufacturer, positive locks to stabilize passenger-carrying devices shall be utilized to load and unload passengers.
SPS 334.22(4)(c) (c) Entrances and exits shall be oriented to direct passengers to safe locations.
SPS 334.22(4)(d) (d) Where a stirrup allows mounting on only one side of a merry-go-round figure, the stirrup shall be located toward the center of the amusement ride platform.
SPS 334.22(5) (5)Restraint and support.
SPS 334.22(5)(a)(a) Securely attached restraining and support devices, such as but not limited to seat belts, lap bars, footrests and headrests, shall be provided in accordance with recognized safe practice.
SPS 334.22(5)(b) (b) Seat belts, lap bars and similar means of restraint shall have connections or latches which cannot be readily or inadvertently released by the passenger.
SPS 334.22(5)(c) (c) Chair swings shall be provided with crotch straps, or equivalent means of restraint for the passengers shall be provided in accordance with recognized safe practice.
SPS 334.22(5)(d) (d) Restraining devices shall be replaced or repaired when worn or damaged to impair their function. Replacements for restraining devices shall be of equal or greater dimension, strength and padding.
SPS 334.22(5)(e) (e) The passenger-carrying devices of amusement rides, such as but not limited to dark rides and miniature train cars, shall be provided with means to prevent passengers from standing if the distance from the floor of the device to an overhead object, such as a doorway, is less than 6 feet 8 inches.
SPS 334.22(5)(f) (f) Where seat belts are provided for passenger-carrying devices of amusement rides, the belts shall be of a type acceptable to the manufacturer.
SPS 334.22(5m) (5m)Attachment.
SPS 334.22(5m)(a)(a) Except as provided in par. (b), the field attachment or connection of a passenger by an operator for a ride that elevates passengers off the ground, and necessitates passengers to don harnesses, shall utilize redundant means of attachment or connection or department approved equivalency on the primary attachment point between the passenger and the ride. Where carabiners are used to accomplish the primary attachment or connection, at least two locking hardened steel carabiners with a minimum breaking strength of at least 6,000 pounds each shall be utilized.
SPS 334.22(5m)(b) (b) The provisions of par. (a) do not apply to bungee jumping operations, bungee trampolines, or rock climbing operations.
SPS 334.22(6) (6)Minimum height.
SPS 334.22(6)(a)(a) If passenger-carrying devices of amusement rides require passengers to be a minimum height, this minimum height shall be posted at the ride entrance.
SPS 334.22(6)(b) (b) Passengers shall abide by the posted height limitations required by passenger-carrying devices of amusement rides.
SPS 334.22 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; emerg. cr. (5m), eff. 8-13-07; CR 07-086: cr. (5m) Register February 2008 No. 626, eff. 3-1-08; CR 08-054: r. and recr. (4) (b), cr. (4) (d), (5) (f) and (6) (b), renum. (6) to be (6) (a) Register December 2008 No. 636, eff. 1-1-09.
SPS 334.23 SPS 334.23Foundations.
SPS 334.23(1) (1)General.
SPS 334.23(1)(a)(a) Amusement rides shall be supported and restrained to maintain stability during operation and in emergencies.
SPS 334.23(1)(b) (b) The foundation for an amusement ride shall conform to the specifications of the manufacturer.
SPS 334.23(2) (2)Permanent foundation. Permanent foundations for amusement rides shall comply with chs. SPS 361 to 366.
SPS 334.23(3) (3)Temporary foundations.
SPS 334.23(3)(a)(a) Blocks and shims used as temporary foundations shall be of sound material capable of withstanding the loads applied during normal operation and in emergencies. Hollow concrete blocks shall not be used. Blocking in contact with supporting surfaces shall be of proper size to prevent settling.
SPS 334.23(3)(b)1.1. Except as provided in subd. 2., the height of a system of blocks above any level shall not exceed the width of the base of that level, as illustrated in Figure 334.23.
SPS 334.23(3)(b)2. 2. The department may approve a system of blocks not higher than twice the width of its base provided the stability of the amusement ride is not adversely affected and the amusement ride does not impart a horizontal load to the system of blocking.
SPS 334.23 Note Note: This exception typically applies only to a small portion of the blocks which support a rigid structure (e.g., bumper-car enclosure), but not to thrill rides, rides with flexible structures, or tall structures or rides, such as slides and ferris wheels.
SPS 334.23(3)(c) (c) Each piece of material used in a system of blocks shall be level and oriented so its height does not exceed the width of its base.
SPS 334.23(3)(d) (d) All blocks shall be aligned, the angles between blocks used in a crib shall be approximately equal and the load shall be distributed to prevent tipping.
SPS 334.23(3)(e) (e) Shims shall be limited to the minimum number required for leveling.
SPS 334.23(3)(f) (f) Blocking shall be secured in accordance with recognized safe practice.
SPS 334.23(4) (4)Anchorage. Amusement rides shall be staked, bolted, guyed, wind braced or otherwise secured in accordance with manufacturer's specification to prevent horizontal movement, such as rotating off blocking during an emergency stop or tipping over.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.