Rule-Making Notices (Hearing Notices)

rulemaking_notices Wisconsin Administrative Register No. 630, 6/14/2008

Rule-Making Notices

Notice of Hearing

Commerce

Amusement Rides, Ch. Comm 34

rulemaking_notices CR 08-054 CR 08-054

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and 101.17, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapter Comm 34 relating to amusement rides.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
June 30, 2008 Monday 1:00 p.m.	Conference Room 3B Thompson Commerce Building 201 W. Washington Avenue Madison

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 9, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Jim Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@ wisconsin.gov.

Copies of Proposed Rules

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Agency Contact Person

James Quast, Program Manager, jim.quast@wisconsin. gov, [phone]

Small Business Regulatory Coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Analysis Prepared by Department of Commerce

Statutes interpreted

Section 101.17, Stats.

Statutory authority

Sections 101.02 (1) and 101.17, Stats.

Explanation of agency authority

Under the authority of s. 101.17, Stats., the Department of Commerce has oversight of various mechanical devices and equipment, which includes amusement rides, in order to protect public safety. The Department fulfills this responsibility by promulgating the Amusement Ride Code, under chapter Comm 34.

Related statute or rule

Sections 101.19 and 101.12 (1), Stats.

Summary of proposed rules

Chapter Comm 34 establishes minimum standards for the design, construction, operation, maintenance and assembly of amusement rides. The amusement ride code has not been subject to an overall review and update since 2003. The proposed revisions primarily clarify existing rules. In some instances the proposed changes keep the rules consistent with each other and with other Commerce codes. The few significant changes include:

•   A department inspection prior to a permanent ride opening to the public for a ride which required plan review and approval. The owner of the ride is to notify the department at least 5 days prior to ride opening to the public to facilitate the department's inspection. [Comm 34.08 (1) and (2)]

•   The preparation of operating fact sheets by ride owners for operators and attendants and training for operators and attendants. [Comm 34.18 (1) (b) and Comm 34.31 (6)]

•   Passengers are to abide by posted height limitations for amusement ride carrying devices. [Comm 34.22 (6) (b)]

•   The elimination of the allowance for one operator to simultaneously operate two amusement rides.

Comparison with federal regulations

The US Consumer Product Safety Commission under the Consumer Product Safety Act has jurisdiction over portable amusement rides. The commission has not developed any specific standard for portable amusement rides. At times the commission has issued various safety bulletins regarding operation, repair, maintenance or set-up for specific rides.

There are no existing or proposed federal regulations that regulate design, construction, maintenance or operation of amusement rides.

Comparison with rules in adjacent states

Illinois, Iowa and Michigan regulate amusement rides on a state-wide basis. Similar to Wisconsin, the administrative codes of these states regulate the design, construction, assembly, maintenance, operation, permitting and inspection of amusement rides. The state codes are:

•   Illinois; Administrative Code Title 56, Chapter XII, Part 6000

•   Iowa; Chapter 61 Administration of Iowa Chapter 88A, Chapter 62Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths, Chapter 88A Safety Inspection of Amusement Rides

•   Michigan; Carnival and Amusement Safety General Rules, R408.801 – 408.898

Minnesota's regulation of amusement rides focuses on liability insurance and inspections to be conducted by the insurance company or an independent inspection service provider.

Summary of factual data and analytical methodologies

In developing the proposed rules the department reviewed the current requirements of the chapter Comm 34. The department also reviewed the latest editions of various ASTM standards relating to the design and manufacture, testing, operation, maintenance, inspection, quality assurance, and terminology of amusement rides and devices. The ASTM standards reviewed were:

•   F 698-94 Standard Specification for Physical Information to be Provided for Amusement Rides and Devices

•   F 747-06 Standard Terminology Relating to Amusement Rides and Devices

•   F 770-06a Standard Practice for Ownership and Operation of Amusement Rides and Devices

•   F 846-92 Standard Guide for Testing Performance of Amusement Rides and Devices

•   F 853-05 Standard Practice for Maintenance Procedures for Amusement Rides and Devices

•   F 893-05a Standard Guide for Inspection of Amusement Rides and Devices

•   F 1193-06 Standard Practice for Quality Manufacture, and Construction of Amusement Rides and Devices

•   F 1305-94 Standard Guide for Classification of Amusement Ride and Device Related Injuries and Illnesses

•   F 1957-99 Standard Test Method for Composite Foam Hardness-Durometer Hardness

•   F 2007-07 Standard Practice for the Classification, Design, Manufacture and Operation of Concession Go-Karts and Facilities

•   F 2137-04 Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices

•   F 2291-06a Standard Practice for Design of Amusement Rides and Devices

•   F 2374-07a Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices

•   F2460 -06 Standard Practice for Special Requirements for Bumper Boats

The review of the code and the ASTM standards included input from the Amusement Ride Code Council. A responsibility of council members is to bring forth concerns their respective organizations may have with the proposed rules, including concerns regarding economic impacts. (Copies of the council meetings summaries are on file in Safety and Building Division.)

Analysis and supporting documents used to determine effect on small business

The Amusement ride council's composition reflects a variety of organizations whose memberships include small businesses. The department utilizes advisory councils to gather information on potential impacts, including economic, in complying with both the technical and administrative requirements of its code.

In that most of the proposed revisions are for clarification, the department does not consider the rules to have an economic impact on small businesses. In addition the code council did not identify or convey any impacts to the department.

An economic impact report has not been required to be prepared.

Environmental Analysis

NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.