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)(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)(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(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;
SPS 334.05(2)(c)
(c) Floor plans or layouts. Floor plans or layouts shall be provided for each floor of the ride. The size and location of all rooms, doors, windows, structural features, exit passageways, exit lights, and other pertinent information shall be indicated. Schematic exit plans shall be provided for large buildings and amusement rides indicating normal paths of egress;
SPS 334.05(2)(d)
(d) Elevations. The elevations shall contain information on the exterior appearance of the amusement ride;
SPS 334.05(2)(e)
(e) Sections and details. Section views and detail drawings shall include information to clarify the design; and
SPS 334.05(2)(f)
(f) Specifications. The specifications shall be properly identified with the drawings and describe the quality of the materials and the workmanship.
SPS 334.05(3)
(3) Data required. All plans submitted for approval shall be accompanied by data and information sufficient for the department to determine if the design of the amusement ride meets the requirements of this chapter. The following information shall be submitted:
SPS 334.05(3)(a)
(a) Structural data. Sample structural calculations, including assumed bearing value of soil, live loads and itemized dead loads, and unit stresses for structural materials; and
SPS 334.05(3)(b)
(b) Additional data. When requested, additional data pertaining to design, construction, materials and equipment shall be submitted to the department for approval.
SPS 334.05(4)(a)(a) Form. A plans approval application form shall be included with the plans submitted to the department for examination and approval.
SPS 334.05 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 334.05(4)(b)
(b) Conditional approval. If the department determines that the plans and the specifications substantially conform to the provisions of this chapter, a conditional written approval shall be granted. All conditions not in compliance with this chapter, which are identified in the conditional approval, shall be corrected before or during construction of the amusement ride. Issuance of a conditional approval by the department does not constitute assumption by the department of any responsibility for the design or construction of the amusement ride.
SPS 334.05(4)(c)
(c) Denial of approval. If the department determines that the plans or the specifications do not substantially conform to the provisions of this chapter, the application for conditional approval shall be denied in writing.
SPS 334.05 Note
Note: A letter will be sent to the designer and the owner of record with a statement relating to the examination of the plans and citing the conditions of approval or denial. The plans will be dated and stamped “conditionally approved" or “not approved", whichever applies. The department will retain one copy of the plans for all projects. The remaining plans will be returned to the person designated on the plans approval application.
SPS 334.05(5)
(5) Plan review processing time. Pursuant to
s. SPS 302.07 (3), the department shall review and make a determination on an application for plan review within 15 business days.
SPS 334.06
SPS 334.06 Evidence of plan approval. The engineer, designer, manufacturer or owner shall keep at the site one set of plans bearing the stamp of conditional approval and a copy of the specifications. The plans shall be open to inspection by an authorized representative of the department. Plan approval by the department shall expire one year after the date indicated on the approved plans if construction has not commenced within that year.
SPS 334.06 History
History: Cr.
Register, February, 1992, No. 434, eff. 3-1-92.
SPS 334.07
SPS 334.07 Revocation of approval. The department may revoke any approval or registration issued under the provisions of this chapter, for any false statements or misrepresentation of facts on which the approval or registration was based.
SPS 334.07 History
History: Cr.
Register, February, 1992, No. 434, eff. 3-1-92.
SPS 334.08(1)(a)
(a) An amusement ride for which plans must be submitted for review under
s. SPS 334.05 may not be opened to the public until the ride has been inspected by the department or its authorized representative.
SPS 334.08(1)(b)
(b) The owner shall notify the department when the construction or installation of an amusement approved under
s. SPS 334.05 is complete and at least 5 business days prior to the ride being open to the public to provide for the inspection under
par. (a).
SPS 334.08(2)
(2) Every amusement ride shall be subject to periodic inspections conducted by the department or its authorized representative.
SPS 334.08 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. and recr. (1), am. (2)
Register December 2008 No. 636, eff. 1-1-09; correction in (1) (a), (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 334.09
SPS 334.09 Fees. Fees for the registration of amusement rides, plan examination and approvals, inspections, petitions for variance and miscellaneous administrative functions shall be submitted as specified in
ch. SPS 302. Fees shall be submitted at the time the application for registration or approval is submitted. No registration or determination will be made until the fees are received.
SPS 334.09 History
History: Cr.
Register, February, 1992, No. 434, eff. 3-1-92; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 1994, No. 457; correction made under s. 13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 334.10(1)
(1)
Appeal of department order. Pursuant to s.
101.02 (6) (e), Stats., any person who owns or occupies a property that is affected by an order of the department may petition the department for a hearing on the reasonableness of the order.
SPS 334.10(2)
(2) Appeal of local order. Pursuant to s.
101.02 (7) (b), Stats., any person affected by a local order that is in conflict with an order of the department may petition the department for a hearing on the local order.
SPS 334.10(3)
(3) Petition of administrative rule. Pursuant to s.
227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may petition the department requesting the adoption, amendment or repeal of the rule.
SPS 334.10 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; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register June 2002 No. 558;
CR 02-127: r. and recr.
Register May 2003 No. 569, eff. 6-1-03.
SPS 334.11
SPS 334.11 Petition 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 334.12 Penalties. 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.
SPS 334.15
SPS 334.15 Periodic 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)(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(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(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(3)
(3) Accuracy of records. An authorized person shall sign the records to attest to their accuracy.
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 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.
SPS 334.19
SPS 334.19 Design 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.
