Safety and Buildings Division Amusement Ride Code Council Meeting Summaries

Tuesday, May 6, 2008, 9:30 a.m. to 2:30 p.m.

Tommy G. Thompson Commerce Center, First Floor Human Resources Conference Room, 201 West Washington Ave., Madison, Wisconsin

COUNCIL MEMBER ATTENDANCE:
William Anderson – Absent; Larry Gonzales – Absent; Robert Johnson (Alt. Ronald Kedrowicz) – Present; Darrell Klompmaker – Present; David Larkee – Present; Harry Nienaber – Present; Alan Ogilvie – Present; Charles Waterman, Chair – Present; and Kristina Westergaard – Present

COMMERCE STAFF:
Scott Amacher, Robert DuPont, April Hammond, Greg Jones, Shirley Noltemeyer, Jim Quast, Norma Sampson and David Vriezen

GUESTS:
Mark Pitsch, Wisconsin State Journal; John Schroeder, WisconsinEYE; and Bryan Krueger, Department of Workforce Development

Welcome, introductions, and review agenda
Council chair Charles Waterman opened the meeting by welcoming the council and asking everyone to introduce themselves. Jim Quast introduced the two visitors present: John Schroeder of WisconsinEYE and Mark Pitsch of the Wisconsin State Journal.

Quast called the Council’s attention to the agenda, and pointed out that the main order of business is to focus on a review of the proposed rule draft. The agenda was accepted as written.

Review progress report
The Council reviewed the progress report from the February 28, 2008 meeting and accepted it as written.
Division Updates

Quast announced that a public hearing for the proposed departmental fee changes is set for 10 a.m. Wednesday, May 28 in Conference Room 3B of the Tommy G. Thompson Commerce Center. The proposed rules are on the division’s web site.

Greg Jones informed the Council that the Department of Workforce Development (DWD) will be joining the Council about 11 a.m. to discuss the state workers compensation law and coverage.

Bob DuPont distributed Comm 2.20 relating to fees for the registration and inspection of amusement rides.  He pointed out that the new fee schedule is expected to be effective for 4 years.  The Division has looked at all programs and is adjusting fees accordingly. Overall, the Division needs to increase the revenue for all programs by 17%, but amusement ride fees will increase about 10%.

Waterman said he was obligated to give his “speech” that the sales tax the amusement ride industry pays to the state should be used for registration and inspection costs.

DuPont thanked Waterman for his point well taken.  He explained that, by law, the Division of Safety and Buildings is program revenue-based – not funded by tax dollars – and fees need to be increased to reflect the cost of doing business.

Review Proposed Rule Draft
Quast reviewed the proposed Chapter Comm 34 rule draft and explained the specific code sections that are being modified to cover amusement rides. The major issues addressed by the Council included:

• Comm 34.001 Note 1 is an update relative to persons with disabilities.
• Comm 34.001 Note 2 is an informational Note about what rules (Comm 14, Fire Prevention Code, and Comm 60 to 66, Commercial Building Code) apply to tents.
• Comm 34.01 (3) defines and clarifies what is and is not an amusement ride. (For example, a riding stable is not an amusement ride while a pony ring is.)
• Comm 34.08 (1) (b) is a new requirement that gives the department an opportunity to inspect a permanent ride before it opens to the public. A discussion ensued and the Council asked that the rule relative to notification be changed to 5 “business” days and to make the inspection mandatory.

DWD Presentation
At 10:45 a.m. Bryan Krueger from DWD arrived and the Council took a break from reviewing the proposed rule changes for his presentation. Krueger reviewed the problems that the state has incurred relative to workers compensation for amusement ride workers. The department will consider adding a declaration or request for information section about workers compensation to the amusement ride application. Compliance with the workers compensation act protects the state and employers and the Uninsured Employers Fund.

Review Proposed Rule Draft (cont.)
The Council continued the review of the proposed Chapter Comm 34 rule draft, and the following items were noted:

• Comm 34.16 (4) relocates a requirement that addresses the documentation of the non-destructive test.
• Comm 34.22 (4) (b) addresses the issue of positive locks to stabilize passenger-carrying devices. The general consensus of the Council was to change the wording to “When provided, recommended or required by the manufacturer…” The Council also preferred repealing and recreating the requirement over amending the current requirement. The Council pointed out that by rewriting Comm 34.22 (4) (b), then Comm 34.22 (4) (b) 3. should be deleted.
• Comm 34.22 (5) (f) concerns the use of seat belts on rides, and the Council recommended putting the onus on the manufacturer.
• Comm 34.23 (1) (b) revises a requirement for the foundation of an amusement ride to conform to the manufacturer’s specifications.
• Comm 34.24 (3) (e) addresses guardrails requirements, and a discussion ensued about whether guardrails should meet manufacturer’s requirements or follow Wisconsin building code requirements.
• Comm 34.26 is being reformatted, and the only rule change is the age of the attendant shall be at least 18 years old.
• Comm 34.29 (3) (b) 1. clarifies the rule concerning fixed objects that aren’t related to the ride or are a part of the ride.
• Comm 34.31 (1) addresses authorized operators, and the Council asked that the exception (c) be removed and that the rule be rewritten to require one operator per ride.
• Comm 34.31 (5) relocates from Comm 34.27 a provision that addresses the speed of operation.
• Comm 34.32 (2) adds a Note from the National Electrical Code adopted under chapter Comm 16.
• Comm 34.34. (3) pertains to areas or surfaces adjacent to walking platforms that are part of a ride. The Council discussed various changes and asked the staff to either repeal the rule or evaluate and reword it so it references manufacturer’s specifications for all such rides.
• Comm 34.39 amends a Note regarding welding procedures.

Discuss Public Hearing Procedure
Quast explained the rulemaking process, and that the proposed rule changes need to be submitted by August31, 2008, to the state Legislature in order for the rules changes to be effective for the 2009 season. The Council agreed to move forward with the process and to hold a public hearing in late June or early July.

Commerce staff will prepare the rule proposal draft, set the public hearing date, and keep the council informed. Changes can be made throughout the public hearing process, and the Council may meet afterwards to review the public hearing comments if necessary.

Alan Ogilvie asked if the Council’s work is done once this rule proposal is completed. DuPont noted that the Department may ask the Council to meet again in Fall to hear a departmental report on how the revised inspection system performed for the 2008 ride season. Future discussions may focus on further improvements to the inspection process.

On behalf of the Department, Quast thanked everyone for their time and input.

Next meeting
The council may meet by teleconference or face-to face after the public hearing to react to public hearing comments and finalize the proposed rule changes to be submitted to the Legislature.

Thursday, February 28, 2008, 9:30 a.m. to 2:30 p.m.

Thompson Commerce Center, Room 3B, 201 West Washington Ave., Madison, Wisconsin

Council Member Attendance: William Anderson - Absent; Larry Gonzales - Present; Robert Johnson,  Alt. - Present; Ronald Kedrowicz - Absent; Darrell Klompmaker - Present; David Larkee - Present; Alan Ogilvie - Excused; Charles Waterman, Chair - Excused; Kristina Westergaard - Present.

Commerce Staff: Amanda Berry; Robert DuPont; Greg Jones; April Hammond; Jim Quast; David Vriezen. 

Welcome, introductions, and review agenda: Jim Quast opened the meeting by welcoming the council members and introducing April Hammond, the new S&B safety consultant, and Debra Miller, Commerce budget analyst for S&B. 

Review Meeting Summary
The Council reviewed the meeting summary from the January 10, 2008 meeting.  No amendments were suggested and the council accepted it as written.

Division Updates
Jim Quast updated the Council on the following Division updates:
- The emergency rules, relating to liability insurance and harness attachment redundancy, have been adopted into Comm 34 and were effective March 1, 2008.  Jim handed out newly printed Comm 34 chapters containing these two rules.  Also, there was an informational note added that explained the requirement for welders to be certified as required by Comm 5.  These new permanent rules are effective March 1, 2008
- The Division is currently in the process of updating electrical code to adopt the 2008 edition of the NEC.  Also, the legislature recently passed legislation which mandates the licensure of all electricians.  However, this rule has a 5-year delayed effective date in order to allow enough time for people to meet the requirements.  Amusement rides will have to follow this code, but there are exceptions.  Other updates include the Commercial Building and Fire Prevention Code, which are effective March 1, 2008, and the Division is in the process of updating the swimming pool code. 
- Greg Jones informed the Council about the hiring issues with Commerce.  The budget shortfall has placed a freeze on hiring for some positions.

Comm 2, Licenses, Certifications and Registrations Code, changes
Bob DuPont informed the council that Comm 2, relating to fees, is currently in the process of being updated.  The Safety and Buildings Division is revenue-based, not funded by tax dollars, so fees need to be increased to reflect the cost of doing business.  The Division is looking at all the programs and adjusting accordingly, but amusement ride fees will be adjusted approximately 10 percent.  Overall, the Division needs to increase the revenue for all programs by 15 percent.  Bob DuPont handed out the new fee schedule for amusement ride fees relating to inspection, registration, and plan review.  This increase is designed to last for the next 4 years.  The last fee increase was in 2000, and it was only intended to last for 4 years, but the legislature cut SB spending by so much, no fee increase was needed after 4 years.  The earliest these new fee rules could be in affect is October 2008.

When Comm 2 changes go to public hearing, Commerce staff will contact all the code councils to inform people on the date and location of the hearing.  Information will be posted online and council members are encouraged to sign up for email updates.

Review ASTM Standards
Jim Quast reviewed the ASTM standards and potential changes to Comm 34.  The major issues addressed are:
- An exception is being considered which would make coin-operated rides, normally found at shopping centers, exempt from daily testing by not requiring them to complete one complete ride cycle every day before open to public use.
- A patron responsibility rule in Comm 34 would not be enforceable by Safety and Buildings.  This is an issue that needs to be addressed by the legislature.  However, staff will work on adding a rule which would require owners, operators, and patrons to follow the minimum physical requirements for patrons to ride as set up by the manufacturer or owner, whichever is more restrictive.  Currentlly, Comm 34.45 (5) addresses minimum physical requirements for go-karts.  Staff will look into broadening Comm 34.45 (5) to apply to the entire Comm 34.
- Comm 34.16 (3) needs an informational note clarifying what a “level II technician” means. 
A new code section will be added to Comm 34 which will address the set-up and use of inflatable structures and rides open for public use.  New rules will include code for anchoring the inflatable ride, physical requirements of patrons, and mandate the presence of an operator while the inflatable is in use.   

Next meeting: Tuesday, May, 6, 2008, 9:30 a. m. to 2:30 p.m., Room 3B, 201 West Washington Ave., Madison, Wisconsin

At this meeting, the council will review new rules relative to issues discussed at February 28, 2008 meeting, and review current modifications to existing rules.  A public hearing draft will be reviewed.  The May 6, 2008 meeting is expected to be the last meeting before the public hearing.

Thursday, January 10, 2008, 9:30 a.m. to 2:30 p.m.

Thompson Commerce Center, Room #3B, 201 West Washington Ave., Madison, Wisconsin

Attendance
Memebers: William Anderson (Absent), Larry Gonzales (Present), Robert Johnson – Alt. Ronald Kedrowicz (Present), Darrell Klompmaker (Present), David Larkee (Present), Alan Ogilvie (Present), Charles Waterman-Chair (Present), Kristina Westergaard (Present)

VISITORS:
Jerry Deschane, Wisconsin Dells Visitor & Convention Bureau

DEPARTMENT OF COMMERCE STAFF:
Scott Amacher, Integrated Services Bureau; Amanda Berry, Program Development Bureau; Robert DuPont, Program Development Bureau; Chandra Miller Fienen, Executive Assistant (Secretary’s Office); Jim Quast, Program Development Bureau

Welcome and Review of Agenda:
Jim Quast opened the meeting by welcoming the Amusement Ride Code Council.  He led a round table of introductions, and reviewed the agenda and the December 6, 2007 Progress Report.  The Progress Report was accepted as written.

Division Updates:
Jim Quast updated the council members and visitors on legislative, division, and code activity: 
•    Emergency rules concerning the redundant attachment of harnesses and required liability insurance are still in effect.  The liability insurance requirement will take effect January 1, 2008, and the harness connection rule has been in effect since August 2007.  The legislative review period for the permanent rules concerning these two issues has ended and the adoption papers have been prepared.  The permanent rules will be effective March 1, 2008.  Emergency rules are currently in place and will continue to be effective until the permanent rules go into effect.
•    The Department has begun registering rides for the 2008 amusement ride season.
•    There are still vacancies on the Amusement Ride Code Council, but a new member from the Wisconsin Association of Fairs has been appointed.

Elect Council Chair:
Jim Quast opened the floor for council Chairperson nominations. 

Charles Waterman was elected as Chairperson by unanimous vote.

Inspection Presentation:
Scott Amacher gave a presentation on the inspection program and the purpose of Comm 34 in relation to permanent and mobile amusement park sites.  The following issues were discussed:
•    All rides must be register with the Department annually and have a registration sticker before operation.  The Department will issue an inspection sticker for a ride after it has been inspected.
•    Each ride must have the descriptive name, model and serial number legible and clear, permanently affixed on the ride.  
•    In 2007, a new red tag procedure was established.  A ride is red tagged when there is imminent danger to life, and the ride can not be operated until it is fixed according to the conditions of the red tag order.  The repairs must be approved by an inspector for the operation of the ride to commence.  (Only one ride was red tagged in 2007.)
•    Owners must submit plans to the Department for modified rides.  Plans must be submitted 30 days in advance and all fees must be paid.
•    Owners must keep records of maintenance, daily inspections, and non-destructive test with each ride for 30 days, and all records must be kept by the owner for 7 years.  All records must be signed by an authorized person.
•    Rider operators must be at least 18 years old.
•    Some of the key aspects inspectors look for are: electrical, safety cable and wire clips, lockout device for inspection, operation or manufacturer’s manual, and CPSC bulletin information.
•    All accidents requiring first-aid treatment must be reported to the Department within 2 business days.  Fatalities must be reported within 24 hours. 

Review of ASTM Standards:
Jim Quast reviewed the 2007 ASTM Standards with the Council:
•    We will not review water slides because water slides are regulated under Comm 90 and by the Department of Health and Family Services.
•    All new rules added to Comm 34 would need to be evaluated for retroactive application.
•    Council members will review the following 2007 ASTM standards: F 770-06a Standard Practice for Ownership and Operation of Amusement Rides and Devices, F 853-05 Standard Practices for Maintenance Procedures for Amusement Rides and Devices, F 846-92 Standard Guide for Testing Performance of Amusement Rides and Devices, and F 893-05a Standard Guide for Inspection of Amusement Rides and Devices.
•    Agency staff will review the following 2007 ASTM standards: F 2460-06 Standard Practice for Special Requirements for Bumper Boats, F 2374-07a Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices, F 2007-07 Standard Practice for Classification, Design, Manufacture, and Operation of Concession Go-Karts and Facilities, F 1193-06 Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices, F 2291-06a Standard Practice for Design of Amusement Rides and Devices, and F1159-03a Standard Practice for Design and Manufacture of Patron Directed, Artificial Climbing Walls, Dry Slide, Coin Operated and Purposeful Water Immersion Amusement Rides and Devices and Air-Supported Structures.
•    The idea was proposed for operator/owner training and the possibility of an owner or operator license. 
•    The Council discussed having third party inspection of their rides.  A concern was raised by a council member in relation to having to pay for 2 inspections: one from the Department and one from a third party inspector.

Meeting Scheduled for the Amusement Ride Code Council:
The next meeting is scheduled for:
Thursday, February 28, 2008, 9:30am – 2:30pm

The Department of Commerce Safety and Buildings Division is an equal opportunity service provider and employer. If you need assistance to access services or need material in an alternate format, please contact us, 608-266-3151, TTY 608-264-8777, or ttaylor@commerce.state.wi.us