Current through Register Vol. 49, No. 9, September, 2024
Regulation 1.
Definitions
1.1 "Amusement attraction" shall mean any
building or structure around, over, and through which persons may be moved by
vehicle or mechanically driven device integral to the building or structure,
and which provides amusement, pleasure, thrills, or excitement, but this term
does not include theatres, museums, or enterprises principally devoted to the
exhibition of products of agriculture, industry, education, science, religion,
or the arts.
1.2 "Amusement ride"
shall mean any mechanical device which carries or conveys passengers along,
around, or over a fixed route or course or within a defined area for the
purpose of giving the passengers amusement, pleasure, thrills, or excitement
and includes the following:
a. Bungee rides or
bungee operations which utilize as a component a bungee cord, which is an
elastic rope made of rubber, latex, or other elastic-type materials whether
natural or synthetic; and
b.
Go-kart, which means a ride in which a vehicle controlled or driven by patrons
specifically designed for and run on a fixed course; and
c. Inflatable attractions such as "space
walks", inflatable slides, or inflatable jousting or boxing rings;
and
d. Any wave pool, water slide,
or other similar attraction that totally or partially immerses a patron in
water; and
e. Artificial climbing
walls; and
1.3 "Board"
shall mean the Amusement Ride Safety Advisory Board.
1.4 "Department" shall mean the Arkansas
Department of Labor.
1.5 "Director"
shall mean the Director of the Arkansas Department off Labor.
1.6 "Major modification" shall mean any
change in either the structural or operational characteristics of the ride or
attraction which will alter its' performance from that specified in the
manufacturer's design criteria.
1.7
"Nondestructive testing" is the development and application of technical
methods, including, but not limited to, radiographic, magnetic particle,
ultrasonic, liquid penetrant, electromagnetic, neutron radiographic, acoustic
emission, visual, and leak testing to examine materials or components in ways
that do not impair their future usefulness and serviceability in order to:
a. Detect, locate, measure, and evaluate
discontinuities, defects, and other imperfections;
b. Assess integrity, properties, and
composition; and
c. Measure
geometrical characters.
1.8 "Owner" shall mean any person who owns an
amusement ride or attraction, or in the event that the amusement ride or
attraction is leased, the lessee.
1.9 "Red-tag" shall mean a notice and order
prohibiting the use or operation of an amusement ride or attraction, or any
such device that restricts access to a particular part of any amusement ride or
attraction.
1.10 "Serious physical
injury" shall mean a personal injury that results in death, dismemberment,
significant disfigurement, permanent loss of the use of a body organ, member,
function, or system, a compound fracture, or other significant injury that
requires immediate admission and overnight hospitalization and observation by a
licensed physician.
Regulation 3.
Adopted Codes and Standards
3.1
The Department hereby adopts and incorporates the following minimum safety
standards for manufacture, design and operation of amusement rides and
attractions existing as of the effective date of these regulations:
a. American Society for Testing and Materials
F-24 (ASTM F-24) Standards Amusement Rides and Devices, Seventh Edition, 2004.
For rides covered under Regulation 3.1, only the following sections of
Designation F 2291-04 shall apply:i.
Section 6 Patron Restraint, Clearance
Envelope, and Containment Design Criteria. Only subsections
6.3.2, 6.3.3, and 6.3.3.1 shall
apply.
ii. Section 12 Electrical
Requirements.
iii. Section 13
Mechanical Systems and Components
iv. Section 14 Fencing, Guardrails, and
Handrails for Amusement Rides and Devices. This section shall apply to all
existing rides notwithstanding date of manufacture. This section shall not
apply to amusement rides and attractions that retain the original
manufacturer's fencing, guardrails, and/or handrails so long as an equivalent
degree of safety is determined to exist by an Arkansas Department of Labor
Amusement Ride investigator.
v.
Section 15 Welding
vi. Section 16 Fasteners
vii. Appendixes X3, X4, and X5
b. National Electrical Code (NEC),
2002 Edition.
c. National Fire
Protection Code 101 (NFPA 101) Life Safety Code, 2003 Edition.
d. National Fire Protection Code 30 (NFPA 30)
Flammable and Combustible Liquids Code, 2000 Edition.
e. American Society for Testing and Materials
(ASTM) Standards E 543, Standard Practice for Agencies Performing
Nondestructive Testing, 1996 Edition.
f. American Society for Nondestructive
Testing (ASNT) Document SNT-TC-1A, Personnel Qualification and Certification in
Nondestructive Testing, 1996 Edition.
g. United States Consumer Products Safety
Commission Safety Bulletins and alerts that reference amusement rides and
attractions.
h. Manufacturer's
specifications for each amusement ride or attraction and subsequent updates and
bulletins in reference to that ride or attraction.
3.2 The Department hereby adopts and
incorporates the following minimum safety standards for manufacture, design and
operation of amusement rides and attractions manufactured or subjected to a
major modification after the effective date of these regulations:
a. American Society for Testing and Materials
F-24 (ASTM F-24) Standards Amusement Rides and Devices, Seventh Edition,
2004.
b. National Electrical Code
(NEC), 2002 Edition.
c. National
Fire Protection Code 101 (NFPA 101) Life Safety Code. 2003 Edition.
d. National Fire Protection Code 30 (NFPA 30)
Flammable and Combustible Liquids Code, 2000 Edition.
e. American Society for Testing and Materials
(ASTM) Standards E 543, Standard Practice for Agencies Performing
Nondestructive Testing, 1996 Edition.
f. American Society for Nondestructive
Testing (ASNT) Document SNT-TC-1A, Personnel Qualification and Certification in
Nondestructive Testing, 1996 Edition.
g. United States Consumer Products Safety
Commission Safety Bulletins and alerts that reference amusement rides and
attractions.
h. Manufacturer's
specifications for each amusement ride or attraction and subsequent updates and
bulletins in reference to that ride or attraction.
3.3 In the absence of current manufacturer's
specifications, an amusement ride or attraction shall meet the standards
adopted above.
3.4 In the event
there are updates and/or new editions to the above standards, the Department
shall, after notice and public hearing, adopt such changes and/or editions that
it determines are necessary to ensure the public health and safety.
3.5 The Director may determine certain other
situations constitute a condition that affects patron safety by administrative
directive.
3.6 These statewide
standards shall guarantee a uniform minimum standard for the operation of all
amusement attractions and rides covered by these regulations.
3.7 See Appendix B for information on
obtaining copies of these standards.
Regulation 5.
Inspections
5.1 Pursuant to Ark.
Code Ann. §
23-89-506,
The Director of the Department of Labor is authorized to inspect each person or
entity to ensure compliance with this subchapter. The director shall employ
amusement ride inspectors certified by the National Association of Amusement
Ride Safety Officials.
5.2 Twice
per calendar year, the Director or any officer of the Department designated by
the Director shall inspect all permanently placed operational amusement rides
or attractions located in this state being operated for profit or
charity.
5.3 All portable amusement
rides or attractions shall be inspected by the Director or any officer of the
Department designated by the Director every time they are moved to a new
location in Arkansas and before they are permitted to commence operation or
open to the public.
5.4 Inflatable
attractions, self-contained mobile playgrounds, artificial climbing walls, and
other patron propelled amusement rides or attractions shall be inspected every
six (6) months, unless a more frequent schedule of inspections is established
by regulation of the director for certain types of inflatable attractions and
self-contained mobile playgrounds.
5.5 Self-contained mobile playgrounds,
artificial climbing walls, and other patron propelled amusement rides or
attractions shall be inspected pursuant to subdivision (a)(4)(A) of this
section only if such playgrounds contain no mechanical or electrical parts,
structures, or additions such as blowers or lights.
5.6 The director shall charge a fee pursuant
to Ark. Code Ann. §
23-89-506 to
be paid by the owner of any amusement ride or amusement attraction for all
amusement ride safety inspections performed by any employee of the
Department.
5.7 If the director or
an authorized employee of the department finds that any amusement ride or
attraction is defective in a manner affecting patron safety or unsafe pursuant
to the adopted codes and standards found in Regulation 3 and/or 4, he or she
shall attach to the amusement ride or attraction a notice and order prohibiting
its use or operation.
a. Operation of such an
amusement ride or attraction shall not resume until the unsafe or hazardous
condition is corrected and the director or his or her authorized representative
permit such operation. The authorized employee shall immediately report the
ride or attraction and its condition to the Department of Labor.
b. If such a notice or order is attached to
any amusement ride or attraction, any owner or operator who operates that
amusement ride or attraction in violation of this order shall be subject to a
cease and desist order and an administrative penalty pursuant to Regulation
12.
5.8 If the director
or an authorized employee of the department finds that any amusement ride or
attraction does not meet minimum safety standards, but such defect does not
pose an immediate danger to patron safety but is otherwise unsafe, then such
defect may be corrected within a reasonable time designated by the
inspector.
5.9 A red-tag shall be
applied to any ride or attraction if the owner or operator fails to correct
defects described in Regulation 5.8.
Regulation 12.
Administrative Penalties
12.1 Administrative Penalties
a. Any person or entity that violates
provisions of Ark. Code Ann. §
23-89-501
through
23-89-518,
or any regulations issued thereunder shall be subject to an administrative
penalty up to ten thousand dollars ($10,000) for each violation. Each day the
violation continues shall constitute a separate offense.
b. Any person or entity that violates
provision of Ark. Code Ann. §
23-89-504(c),
or any regulations issued thereunder, shall be subject to an administrative
penalty up to five thousand dollars ($5,000) for each violation. Each day the
violation continues shall constitute a separate offense.
c. The amount of all civil penalties will be
determined in accordance with 12.2 of these regulations.
d. In administrative penalty cases, the
Administrator of the Safety Division shall notify the person or entity charged
with the violation(s) by certified mail of the following:
1. the nature of the violation;
2. the date(s) of the violation,;
3. the amount of the administrative
penalty;
4. the administrative
penalty determination shall be final, unless within fifteen (15) days after
receipt of this notice, the person or entity charged with the violation(s)
notifies the Director of the Department of Labor in writing that he/she
contests the penalty; and
5. the
procedure for contesting an administrative penalty is provided in 12.3 of these
regulations.
e. If the
person or entity charged with the violation has not filed
notice that he/she contests the administrative penalty within fifteen (15) days
after receiving notice in accordance with 12.1(d) of this regulation, the
penalty assessment by the Safety Division becomes the final determination of
the Director of Labor.
f. Notice of
the administrative penalty may also be delivered in the same manner as summons
in civil cases.
12.2
Administrative Penalty Assessment
a. If upon
inspection or investigation, the Director or authorized employee finds that a
person or entity has violated provisions of Ark. Code Ann. S
23-89-501
through
23-89-518,
or any regulations issued thereunder, the Administrator of the Safety Division
may assess an administrative penalty for each violation.
b. The amount of an administrative penalty
shall be assessed based on the Violation Fine Schedule in Regulation
12.3.
c. The Violation Penalty
Schedule is only a guideline to assist in consistent application of civil
monetary penalties. The Board shall only be bound by the statutory fine scale
described in Ark. Code Ann. §
23-89-504(c)
and Ark. Code Ann. $
23-89-505(d).
d. The maximum amount of an administrative
penalty will be based on the nature and the gravity of the violation(s).
Matters which are indications of the gravity of a violation and which justify
maximum civil penalty assessments are:
1. the
likelihood of injury and the seriousness of the potential injuries to the
public;
2. multiplicity of
violations by a owner or operator;
3. recurring violations;
4 falsification and/or concealment of
documentation and information regarding the operation/insurance/training/ NDT
testing
5. failure to assure future
compliance.
e. All
administrative penalties upon any person or entity shall permanently remain on
record with the Department.
f. No
civil penalty assessments older than two (2) years shall be used as the basis
for a progressive discipline pursuant to the Violation Penalty Schedule in
Regulation 12.3.
12.3
Violation Penalty Schedule
Violation |
Statute or Regulation
Provision |
1st |
2nd |
Failure to notify Director of intent to operate within
the State of Arkansas |
23-89-505 |
$2,500 |
$5,000 |
Operation of ride or attraction without proper
liability insurance |
23-89-504 |
$5,000 |
$10,000 |
Operation of ride or attraction without current safety
inspection report |
23-89-504 |
$2,500 |
$10,000 |
Operation of ride or attraction in violation of a cease
and desist order |
23-89-504 |
$10,000 |
$10,000 |
Operation of a ride or attraction that has been
"red-taqqed", or removal of a "red-taa" before approval by a Department
inspector |
23-89-506 |
$10,000 |
$10,000 |
Failure to report a fatality or serious physical
injury |
23-89-510 |
$10,000 |
$10,000 |
Operation of ride or attraction by a unqualified
person |
23-89-511 |
$2,500 |
$10,000 |
Failure to maintain proper records with ride or
attraction |
23-89-516 |
$1,000 |
$5,000 |
Other violations of Ark. Code Ann. §
523-89-501
through
23-89-518
|
Discretionary |
Discretionary |
NOTE: Any third or greater offense will receive
the maximum statutory administrative penalty of $10,000, except that failure to
notify of intent to operate carries a maximum penalty of $5,000.
12.4 Contesting an Administrative
Penalty
a. The person or entity may contest
the imposition of an administrative penalty by filing a written request for a
hearing with the Director of Labor, 10421 West Markham, Little Rock, Arkansas
72205. The written request must be made within thirty (30) days after receipt
of notification of the administrative penalty or the assessment will become
final.
b. A written request for a
hearing shall be referred to a hearing officer designated by the
Director.
c. The person or entity
shall be provided at least twenty (20) days notice of the hearing. Such notice
shall include:
(1) a statement of the time,
date, place, and nature of the hearing;
(2) a statement of the legal authority and
jurisdiction under which the hearing is to be held;
(3) a short and plain statement of the
matters of fact and law asserted; and
(4) a statement that the person, firm, or
corporation may, upon written request, obtain the issuance of a subpoena by the
Director for the attendance and testimony of witnesses and the production of
documents.
d. The
designated hearing officer shall, after consideration of the evidence, issue a
decision and issue an order setting forth findings of fact and conclusions of
law. Such decision shall become the final determination of the Director, unless
judicial review is sought within thirty (30) days pursuant to the
Administrative Procedures Act, Ark. Code Ann. §
25-15-212.
e. If any person, firm, or corporation
against whom an administrative penalty has been imposed fails to pay the
penalty within sixty (60) days of the final determination, the Director of the
Arkansas Department of Labor may file an action in a court of competent
jurisdiction to collect the administrative penalty, without paving costs or
giving bonds for costs.
12.5 In addition to the legal action in 12.3
of this Regulation, no safety inspection shall be performed for any amusement
ride or attraction if the owner, operator, or lessee of such amusement ride or
attraction has failed to pay assessed administrative fines.
Regulation 13.
Effective Date
The effective date of these regulations is August 15,
2005.
APPENDIX A REGULATIONS PERTAINING TO BUNGEE
OPERATIONS
A.1
Scope and application
a. This subchapter
applies to the site, equipment, personnel, operating procedures and emergency
provisions for bungee jumping. This subchapter applies in addition to all other
applicable requirements in this chapter.
b. Prohibited Jumping. The following bunqee
operations are prohibited:
1. A bunqee
operation conducted with balloons, blimps, helicopters, or other
aircraft;
2 Sand bagging, which is
the practice of holding onto any object, including another person, while bungee
jumping, for the purpose of exerting more force on the bungee cord to stretch
it further, and then releasing the object during the jump causing the jumper to
rebound with more force than could be created by the jumper's weight
alone;
3. Tandem or multiple bungee
jumping, except for rides that the manufacturer has designed for multiple
patrons; and
4. Bungee jumping from
any bridge, overpass, or any other structure not specifically designed as an
amusement ride or attraction;
A.2 Definitions. For the purpose of this
appendix:
a. "Air bag" means a device which
cradles the body and which uses an air release breather system to dissipate the
energy due to a fall, thereby allowing the person to land without an abrupt
stop or bounce.
b. "Binding" means
the material used to hold the bungee cord threads in place.
c. "Bungee cord" means the elastic rope to
which the jumper is attached and which lengthens and shortens to produce the
bouncing action.
d. "Bungee
jumping" means a procedure where a person free falls from a height and the
descent is limited by attachment to a bungee cord.
e. "Catapulting" means a procedure where a
person is held on the ground while the bungee cord is stretched, and when the
person is released, he or she is propelled upwards.
Note: Catapulting is also referred to as launching
or reverse jumping.
f.
"Dynamic load" means the load placed on the rigging and attachments by the
initial free fall of the jumper and the bouncing movements of the
jumper.
g. "Equipment" means power
or manually operated devices used to raise, lower and hold loads.
h. "Failure" means breakage, separation of
components, or the point where the ultimate strength is exceeded.
i. "Hoist" or "hoisting" means all functions
such as lowering, lifting, swinging or suspending a platform.
j. "Jump harness" means an assembly which is
worn by a jumper and attached to a bungee cord.
k. "Jump height" means the distance from the
jump platform to the bottom of the jump zone.
l. "Jump master" means a person who has
responsibility for the bungee jumping operation and who prepares the jumper for
the actual jump.
m. "Jump operator"
means a person who assists the jump master to prepare a jumper for jumping and
operates the lowering system.
n.
"Jump zone" means the space bounded by the maximum designed movements of the
jumper or any part of the jumper.
o. "Jumper" means the person who falls or
jumps from a height when attached to a bungee cord.
p. "Landing area" means the surface area of a
net, air bag or water where the jumper lands.
q. "Lowering system" means any manual or
mechanical equipment capable of lowering a jumper to the designated landing
area.
r. "Maximum intended load"
means the total load of all persons, tools, materials and other loads
reasonably anticipated to be applied to a platform or platform component at any
one time.
s. "Platform" means the
area attached to a structure from which the jumper falls or jumps.
t. "Rigging system" means the bungee cord
plus any webbing or rope connected to the bungee cord.
u. "Recovery area" means an area next to the
landing area, where the jumper may recover from the jump before returning to
the public area.
v. "Safety
harness" means an approved assembly to be worn by an operator and which is
designed to be attached to a lanyard and prevent the jump site operator from
falling.
w. "Safety space" means a
space extending beyond the jump zone as a safety factor.
x. "Sandbagging" means the practice of a
jumper holding onto any object, including another person, during the initial
descent after jumping off of a platform, for the purpose of exerting more force
on the bungee cord in order to stretch it further, and then releasing the
object at the bottom of the jump causing the jumper to rebound with more force
than could be created by the jumper's weight alone.
y. "Site operating manual" means the document
containing the procedures and forms for the operation of all bungee jumping
activities and equipment.
z.
"Structure" means the apparatus supporting the platform.
aa. "Tandem jumping" means the practice of 2
people harnessed together while jumping simultaneously from the same jump
platform.
A.3 Site and
operating approval. Plans specifications and site operating manuals for all
bungee jumping operations shall be submitted to the department before
construction commences.
A.4 Safety
space
a. Each bungee jump site shall maintain
a side safety space of 30 feet in all directions.
b. Where jumps occur over water, the water
shall be at least 9 feet deep. The vertical safety space shall be at least 60
inches above the water. However, if the depth of the water is greater than 9
feet, no vertical safety space is needed.
c. Where jumps occur over land, an air bag or
net shall be used. The vertical safety space shall be at least 5 feet or 5
percent of the jump height above the air bag or net, whichever is
greater.
A.5 Platforms
a. The safe working load of the platform
shall be determined by the maximum weight on the platform at any one time, with
a safety factor of at least 5 times the rated load capacity of the
platform.
b. The platform shall not
be loaded in excess of its rated load capacity.
c. The number of persons occupying the
platform shall not exceed the number required for the jump, plus one
observer.
d. Materials and tools
shall be secured to prevent displacement, and they shall be evenly distributed
within the confines of the platform when the platform is suspended.
e. When the platform is not an integral part
of the structure, the attachment devices and the part of the structure to which
they are attached shall have a safety factor of at least 5 times the rated load
capacity of the platform.
f. The
platform shall have a non-slip surface.
g. The platform shall have anchor points for
safety harnesses, designed and placed to best suit the movements of anyone on
the platform.
h. The platform shall
be equipped with a permanent fence at least 42 inches high. The fence shall be
enclosed at least from the to board to mid-rail with either solid construction
or expanded metal having openings no greater than 1/2 inch.
i. There shall be a gate across the point at
which the jumper leaves the platform, and it shall remain closed when a jumper
is not present. The gate shall be equipped with a restraining device to prevent
accidental opening.
j. A grab rail
shall be installed inside the entire perimeter of the platform.
k. Headroom shall be provided to allow
persons to stand upright in the platform.
l. The platform shall be conspicuously posted
with a plate or other permanent marking to indicate the weight of the platform
and its rated load capacity.
A.6 Structures and towers
a. ROPE. In human-powered retrieval system or
in a friction lowering system an 11 mm or larger static or dynamic rock
climbing rope shall be used.
b.
LOCKING MECHANISM. In a human-powered retrieval system, an approved locking
mechanism, such as an ascender or jumar, shall be used to stop and hold the
jumper in one place once the applied force on the retrieval rope is
removed.
c. CONSTANT PRESSURE
SWITCH. In a friction lowering system, there shall be a constant pressure
switch or locking mechanism that will stop the lowering action of the system if
the person in charge of lowering the jumper becomes unable to perform the
lowering duties safely.
d. CORD
ATTACHMENT. Bungee cords shall be attached at all times to the structure when
the cords are in the connection area.
e. LOWERING SYSTEM. The system for lowering
the jumper to the landing pad shall be operated by either the jump operator or
jump master.
f. ALTERNATIVE
LOWERING SYSTEM. There shall be an alternative method of jumper recovery if the
main lowering system fails.
g.
ANNUAL INSPECTION. A thorough, annual inspection of the hoisting machinery and
cables shall be made by an independent third party. The operator shall provide
a record of the dates and results of inspections for each hoisting machine and
piece of equipment.
h. ENGINE
EXHAUST. Whenever internal combustion engine powered equipment exhausts in
enclosed spaces, tests shall be made and recorded to see that persons are not
exposed to unsafe concentrations of toxic gases or oxygen deficient
atmospheres.
i. WINDOWS. All
windows in cabs shall be of safety glass or its equivalent which introduces no
visible distortion that interferes with the safe operation of the hoisting
machine.
j. FUEL TANK FILLER PIPE.
The fuel tank filler pipe shall be located in such a position, or protected in
such manner, as to not allow spill or overflow to run onto the engine, exhaust
or electrical equipment of any machine being fueled.
k. MODIFICATIONS. No modifications or
additions which affect the capacity or safe operation of the equipment may be
made by the employer without the manufacturer's written approval. If such
modifications or changes are made, the capacity, operation and maintenance
instruction plates, tags or decals shall be changed accordingly. In no case
shall the original safety factor of the equipment be reduced.
l. JIB STOPS. All jibs shall have positive
stops to prevent their movement of more than 5 degrees above the straight line
of the jib and boom.
m. TOWER
OPERATORS. Portable tower operators shall have a minimum of 80 documented hours
operating the machine used for bungee jumping. Operators shall be familiar with
inspection criteria and nomenclature, including wire rope inspection
methods.
n.
Note:
Industry certification as an operating engineer is
recommended.
A.7
Hoisting of Platforms
a. APPLICATION. This
section applies to movable platforms that are raised and lowered from the
structure.
b. Hoisting of the
platform shall be performed in a slow, controlled, cautious manner with no
sudden movements of the platform.
c. Load and boom hoist drum brakes, swing
brakes and locking devices such as pawls or dogs shall be engaged when the
occupied platform is in a stationary working position.
d. Portable towers shall be uniformly level
within one percent of level grade and located on firm footing. Portable towers
shall be equipped with outriggers. The outriggers shall be fully deployed
following manufacturer's specifications when hoisting.
e. The total weight of the loaded platform
and related rigging shall not exceed 50 percent of the rated load capacity for
the radius and configuration of the portable tower.
f. The use of a machine having a boom in
which lowering is controlled by a brake without aid from other devices which
slow the lowering speed is prohibited. Note: This type of
prohibited boom is commonly called a live boom.
g. Portable towers with variable angle booms
shall be equipped with a boom angle indicator, readily visible to the
operator.
h. A positive-acting
device, such as an anti-two-blocking device, shall be used to prevent contact
between the load block or overhaul ball and the boom tip, or a system shall be
used to deactivate the hoisting action before damage occurs in the event of a
two-blocking situation.
i. The
load-line hoist drum shall have a controlled-load lowering system or device on
the power train, other than the load hoist brake, which regulates the lowering
rate of speed of the hoist mechanism. Free fall is prohibited.
A.8 Platform Design Criteria
a. The hoisting mechanism shall be equipped
with a dual cable suspension system. The platform and dual suspension system
shall be designed by a qualified engineer or a qualified person competent in
structural design.
b. The dual
cable suspension system shall be designed to minimize tipping of the platform
due to movement of persons occupying the platform.
A.9 Platform Rigging
a. If a wire rope bridle is used to connect
the platform to the load line, each bridle leg shall be connected to a master
link or shackle to ensure that the load is evenly divided among the bridle
legs.
b. Hooks on overhaul ball
assemblies, lower load blocks or other attachment assemblies shall be of a type
that can be closed and locked, eliminating the hook throat opening, except that
an alloy anchor type shackle with a bolt, nut and retaining pin may be
used.
c. Wire rope, shackles,
rings, master links and other rigging hardware shall be capable of supporting
at least 5 times the maximum intended load applied or transmitted to that
component. Where rotation resistant rope is used, the rope and hardware shall
be capable of supporting without failure at least 10 times the maximum intended
load.
d, All eyes in the wire rope slings shall be fabricated with
thimbles.
e. Bridles and
associated rigging for attaching the platform to the hoist line shall be used
only for that purpose.
A.10 Trial Lift, Inspection, and Proof
Testing
a. A trial lift with the unoccupied
platform loaded at least to the anticipated lift weight shall be made from
ground level, or any other location where persons will enter the platform, to
each location at which the platform is to be hoisted and positioned. The trial
lift shall be performed immediately prior to placing personnel on the platform.
The operator shall determine that all systems, controls and safety devices are
activated and functioning properly, that no interferences exist, and that all
configurations necessary to reach each location will allow the operator to
remain under the 50 percent limit of the hoist's rated load capacity. A single
trial lift may be performed at one time for all locations that are to be
reached from a single set up position.
b. The trial lift shall be repeated daily, or
when the portable tower is moved and set up in a new location or returned to a
previously used location.
c..
Persons shall not be hoisted unless:
1 Hoist
ropes are free of kinks;
2.
Multiple part lines are not twisted around each other; and
3. The primary attachment is centered over
the platform.
d. The
hoisting system shall be inspected if the load rope is slack to ensure all
ropes are properly seated on drums and in sheaves.
e. A visual inspection of the portable tower,
rigging, platform and the tower base support or ground shall be conducted by a
person designated by the jump master immediately after the trial lift to
determine whether the testing has exposed any defect or produced any adverse
effect upon any component or structure.
f. Any defects found during inspections which
create a safety hazard shall be corrected before hoisting personnel.
g. Documentation of the trial lift and daily
pre-operational lift shall be made available to the department.
A.11 Jump Practices
a Persons shall keep all parts of the body
inside the platform during raising, lowering and positioning.
b. Tag lines shall be used unless their use
creates an unsafe condition.
c. The
portable tower operator shall remain at the controls at all times when the
tower engine is running and the platform is occupied.
A.12 Bungee cord requirements
a. MAXIMUM G-FORCE. The maximum G-force
allowable on a jumper using waist and chest harness shall be 4.5 G's. The
maximum G-force allowable on a jumper using an ankle harness shall be 3.5
G's.
b. FACTOR OF SAFETY. The
minimum factor of safety for any bungee cord configuration attached to a jumper
shall be no less than 5.
Note: A factor of safety of no less than 5 means
that the maximum dynamic load possible for a jumper to exert on a bungee cord
configuration is no greater than 20 percent of that cord configuration's
minimum breaking strength.
c. BUNGEE CORD DESIGN. The owners of bungee
jumping facilities shall use bungee cords that meet the following
specifications:
1. In a single bungee cord
system, the binding shall hold the cord threads in the designed positions. The
binding shall have the same characteristics as the cord itself. In a multiple
bungee cord system, the cord shall be bound together to prevent potential
jumper entanglement. The bindings shall not damage or affect the performance of
the bungee cords.
2. All bungee
cords shall be designed and tested to perform within the prescribed limits of
the maximum G-force and factor of safety specified in A. 12(a) and A.
12(b).
3. Conclusive ultimate
tensile strength testing shall be performed on a representative amount of all
manufactured bungee cords. All tests shall be performed or supervised by an
independent certified testing authority or an independent certified engineer.
Test results shall be made available to purchasers of the bungee cords and the
department upon request. The testing authority shall determine the ultimate
tensile strength of each test specimen and use the lowest failure value
recorded as the ultimate tensile strength value for the corresponding lot of
bungee cords tested. The ultimate tensile strength is reached when the applied
load reaches a maximum before failure.
4. A load versus elongation curve resulting
from the test specified in A. 12(c)(3) shall be used to calculate the maximum
G-force and factor of safety of the corresponding lot of bungee cords tested.
The test results shall be made available to purchasers or users of the bungee
cords and the department upon request.
5. Owners shall follow the inspection and
testing recommendations set forth by the bungee cord manufacturer or
distributor. These tests shall be completed utilizing the maximum load the
bungee cords are designated for.
6.
Owners shall obtain specifications on the maximum allowable usage of bungee
cords expressed in number of jumps.
d. CORD MATERIAL AND SHEATHING. The bungee
cord material and sheathing to be used shall be clearly specified in the site
operating manual.
e. WHEN TO
DESTROY CORD. The bungee cord owner shall destroy the bungee cord and its
non-metallic connectors when one of the following conditions occur:
1. Exposure to daylight exceeds 250 hours,
unless the bungee cord cover of the sleeve fully protects all of the cord from
visible and ultra-violet exposure;
2. Six months has elapsed from the date of
manufacture;
3. Bunqee cord threads
exhibit wear, such as bunched threads or uneven tension between threads or
thread bands;
4. The number of
broken threads exceeds 5%;
5. A
bunqee cord has had contact with solvents, corrosives or abrasives;
6. Other flaws in a bungee cord are
found;
7. When the dynamic load
capacity becomes less than the maximum designed dynamic load;
(Note: As the bungee cord stretches over the
course of its jump life, the dynamic load required to extend the bungee to 4
times its unloaded length will reduce.)
8. After a bungee cord has been used a
maximum of 500 jumps; or
9. When
the bungee cord or its connectors do not comply with the manufacturer's
specifications.
f. CORD
RECORDS. Owners of bungee jumping facilities shall have a system for recording
the number of jumps on each individual bungee cord in use.
g. BUNGEE CORD DESTRUCTION. Bungee cords
retired from use shall be destroyed by cutting the cord into 5-foot
lengths.
h. BUNGEE CORD END
CONNECTIONS. Bunqee cord end connections shall have a minimum safety factor of
5 times the maximum dynamic load for that cord configuration. All end
connections shall be of a size and shape to allow easy attachment to the jump
harness and to the rigging. On multiple bungee cord systems, each cord shall
have its own independent end connection.
i. CORD INSPECTION. Bungee cords shall be
examined daily. Before starting the day's operations, the jump master shall
visually inspect the entire length and circumference of the bungee cord for
signs of wear. The inspection shall be repeated at least 4 times during daily
operation and recorded in the site log.
Note: The performance criteria and system
requirements contained in this section are for 2 types of bungee cords; Cotton
or nylon sheathed cords and synthetic or natural rubber cords. Cotton or nylon
sheathed bungee cords, called "preloaded" style cords, are rubber cords
originally developed for military use. These cords are made in conformance with
military specifications and are often referred to as "Mil. Spec. " However,
some non-military specification cords currently in use meet the specifications
contained in this section and are considered an approved variation. Synthetic
or natural rubber bungee cords, called "New Zealand" style cords, are made with
continuous loops of strands of natural or synthetic rubber.
A.13 Jump harness
a. GENERAL. A jump harness shall be either a
full body harness, a sit harness with shoulder straps, or an ankle
harness.
b. JUMP HARNESSES. All
harnesses used in bungee jumping shall be:
1.
Full-body designed either as a full body harness or a waist harness worn in
conjunction with a chest harness; or
2. Ankle-designed either as an ankle harness
or an ankle strapping that is tied off to secure the jumper to the bungee cord
end connection. The ankle harness or strapping shall provide evidence of
redundancy. A link to a waist harness or "swami belt" shall be required. A
harness shall not cause bruising.
c. Harnesses shall be available to fit the
range of jumper sizes accepted for jumping.
d The harness shall have a minimum breaking
strength of 4000 pounds, be suitable for the type of jumping conducted and be
manufactured by an organization approved to manufacture similar
harnesses.
e. HARNESS INSPECTION.
All harnesses shall be inspected by the jump master prior to harnessing a
jumper. Harnesses shall be removed from service when they exhibit signs of
excessive wear, have been damaged, or when they have met the manufacturer's
maximum usage allowance expressed in number of days or in number of jumps. A
system shall be developed for recording the number of days or jumps.
A.14 Ropes. All ropes for holding
or lowering the jumper shall have a minimum breaking strength of at least 6,000
pounds.
A.15 Hardware and equipment
a GENERAL. All hardware and equipment used
for the purpose of bungee jumping shall be approved for that purpose by the
original manufacturer.
b.
CARABINERS. Carabiners shall be the screw gate type, manufactured of hardened
steel, with a minimum breaking strength of at least 6,000 pounds.
c. PULLEYS AND SHACKLES. Pulleys and shackles
shall be manufactured of hardened steel and shall have a minimum breaking
strength of at least 6,000 pounds. All pulleys shall be compatible with the
rope size.
d. WEBBING. Webbing
shall be flat or tubular mountaineering webbing or equivalent with a minimum
breaking strength of at least 6,000 pounds. If military specification bungee
cords are used, all webbing shall have redundant connections.
e. ANCHORS
1. There shall be 2 anchors that attach the
bungee cord to the structure. Each shall have a minimum breaking strength of at
least 8,000 pounds or shall be designed with a factor of safety of 5, whichever
is greater. There shall be a carabiner that attaches each anchor to the bungee
cord end. The 2 carabiners shall not be connected to each other.
2. Where wire rope is used, it shall have
swaged ends with a thimble eye or be continuous. Other connection systems are
acceptable if they meet the strength specifications in A. 15(e)(1). Wire clips
are not acceptable.
3. All
materials used for anchoring systems shall be manufactured by an organization
approved to manufacture similar devices.
4. Daily inspections of the anchors shall be
conducted by the jump master, and any equipment showing signs of excessive wear
shall be removed from service immediately.
A.16 Testing and inspection
a. GENERAL. All jump rigging, harnesses,
lowering system and safety gear shall be regularly inspected and tested as set
forth in the operating manual. Inspections, findings and corrective action
shall be recorded in the site log.
b. HARDWARE. Hardware subject to abnormal
loadings, impacts against hard surfaces or having surface damage shall be
replaced immediately.
c. ROPES AND
WEBBING. All ropes, webbing and bindings shall be inspected visually and by
feel for signs of wear, fraying, or damage by corrosive substances in
accordance with the site operating manual.
A.17 Replacement equipment
a. AVAILABLE EQUIPMENT. Replacement equipment
available at the site shall include bunqee cords and binding, all ropes,
rigging hardware, ankle strapping for jumpers, jump harnesses, safety
harnesses, and life lines and clips.
b. WHEN TO REPLACE. Items of equipment,
rigging or personal protective equipment found to be defective shall be
replaced immediately.
c. CEASE
JUMPING. Jumping shall cease immediately when a defective item cannot be
replaced.
A.18
Identification of rigging, bunqee cords and safety equipment
a. All rigging, bunqee cords and safety
equipment shall have a permanent identification number.
b. The form of identification shall not
affect the performance of the material.
c. The identification shall be clearly
visible to the operators during daily operations.
d. The identification shall be recorded in
the site operating manual.
A.19 Landing and recovery areas
a. JUMPS OVER LAND. The following
requirements apply where the landing area is over land:
1. A net or air bag shall be used. The net or
air bag shall be designed to provide adequate coverage of the jump zone, and
its specifications shall be included in the site operating manual. The net or
air bag shall be rated for the maximum free fall height possible from the
platform during operation.
2. The
net or air bag shall be in position before jumper preparation commences on the
platform.
3. Air bags shall be
equipped with an audible alarm in case of loss of air bag pressure.
4. Upon completion of a jump, the jumper
shall be lowered onto the net, air bag or landing pad.
5. The landing area shall be free of
spectators at all times.
6. The
landing area shall be free of any equipment or staff when a jumper is being
prepared on the jump platform and until the bungee cord is at its static
extended state.
7. A place for the
jumper to sit and recover shall be provided close to, but outside, the landing
area.
b. JUMPS OVER
WATER. The following requirements apply where the landing area is over a body
of water:
1. A landing and recovery vessel
shall be positioned to recover jumpers.
2. The landing vessel shall have a landing
pad which is at least 5 feet by 5 feet. The landing pad shall be placed within
the vessel.
3. One person may
operate the landing vessel and assist the jumper to land if the vessel is
docked or moored. If the vessel is not docked or moored, one person shall pilot
the vessel while another person assists the jumper to land.
4. The vessel shall be equipped with Coast
Guard approved life jackets and rescue equipment.
5. The landing area shall be free of other
vessels, floating or submerged objects, the public, and any spectators. When
the landing area is in open waters, it shall be marked by the deployment of
buoys. A sign of appropriate size which reads "BUNGEE JUMPING - KEEP CLEAR"
shall be attached to the 4 sides of the landing vessel.
c. JUMPS OVER A POOL. The following
requirements apply where the landing area is a pool specifically constructed
for bungee jumping:
1. The pool size shall be
at least equal to the size of the safety space.
2. Rescue equipment shall be available and
the landing area shall be secured.
3. Only the operators of the bungee jump
shall be within the landing area.
A.20 Site requirements
a. STORAGE. Adequate storage shall be
provided to protect equipment from physical, chemical and ultra-violet ray
damage. The storage area shall be secured against unauthorized entry.
b. COMMUNICATIONS. There shall be a public
address system in operation during all hours of business. Voice, telephone,
radio or other communications shall be maintained between all operations
personnel involved with the actual jump.
c. FENCE. The site shall be enclosed by a
fence at least 42 inches in height. The fence shall be designed and constructed
to prevent people, animals and objects from entering the site.
d. STAFF IDENTIFICATION. All staff shall be
identified so that they can be readily recognized by the public.
e. STAFF BRIEFING. Staff shall be briefed for
each day's operation, including the assignment of the designated jump master
where more than one jump master is on site.
f. EMERGENCY SERVICES. There shall be a means
of communication to local emergency services within 200 feet of the
operation.
g. JUMP CONTROL. Owners
of bungee jumping facilities shall allow jumps only under the direct control of
a jump master.
h. JUMPER WEIGHT.
The weight of the jumper shall be checked by 2 independent scales at the jump
site. Scales shall be calibrated at least 3 times each year, or when in doubt
as to accuracy. Adjustments for the weight of each jumper shall be made by the
jump master's selection of bungee cord and the length of webbing or rope
attached to the bungee cord.
i.
JUMPER INSTRUCTIONS AND RESTRICTIONS. A clearly visible sign shall be posted at
the site that lists instructions to jumpers and all medical, age and weight
restrictions for jumpers.
j. JUMPER
REGISTRATION. Jumpers shall register with the registration clerk before
jumping. Registration information shall include the jumper's name, address,
city, county, state, zip code, telephone number, medical factors, age and
weight.
k. JUMPER PREPARATION. The
area where the jumper is prepared for jumping shall be separate from the jump
zone. Jumper preparation shall include information to the jumper on jumping,
landing, lowering, and recovery procedures; completing harness or binding
activities; final inspection by jump master; return of the jumper to the public
area; and retrieval of the bungee cord to the platform or storage
location.
l. SAFE OPERATION. The
jump master shall stop the jumping operation when the wind speed or other
conditions affect safe operation of the jump platform or the recovery
area.
A.21 Safety and
loss control management
a. COORDINATOR. A jump
master shall be designated safety, health and loss control
coordinator.
b. KNOWLEDGE OF
REGULATIONS. The jump master shall be thoroughly familiar with the bungee
jumping regulations in this subchapter.
c. EMERGENCY PLAN. A comprehensive written
emergency plan shall be developed, practiced, maintained and posted at the site
entrance.
A.22 Staff and
duties
a. MINIMUM AGE. The minimum age for
employment at a bungee jumping site shall be 18 years.
b. JUMP MASTER QUALIFICATIONS.
1. To qualify as a jump master for a bungee
jumping site, a person shall have completed a minimum of 25 jumps and 30 hours
of training, including 10 hours of site operating manual training, 10 hours of
on-the-job experience and 4 hours of procedural review and additional
education.
2. A jump master shall
have a knowledge of rescue procedures and ground operator procedures, as well
as emergency procedures for an accident or illness, for unruly or hysterical
jumpers, and for any failure before or after the bungee jump.
c. STAFF ROLES. The staff of a
bungee jumping operation shall include at least 4 persons, with the following
roles:
1. Jump master. The designated jump
master shall have control over the operation and is responsible and accountable
for the operation of the site. This person shall be in complete control when
jumping occurs. A jump master shall be the only person who takes the jumper
through the final stages of preparation to the jump takeoff. The jump master
shall have a thorough knowledge of the site, equipment, procedures and staff.
The jump master shall be responsible for checking selection of the bungee cord
and adjusting the rigging at each jump platform. A jump master shall be located
at each jump platform.
2. Jump
operator. The jump operator shall assist the jump master to prepare the jumper,
assist the jumper into the jump harness, attach the jumper to the rigging, and
operate the lowering system. The jump operator may carry out landing and
recovery duties and assist in controlling the public.
3. Landing and recovery operator. The landing
and recovery operator shall assist the jumper to land on the landing pad or air
bag, assist the jumper to the recovery area, and assist in controlling the
public.
4. Registration clerk. The
registration clerk shall register the jumper, weigh the jumper, control the
movement of the jumper to the jump platform, and assist in controlling the
public.
5. Vessel operator. The
landing vessel operator shall operate the landing or emergency
vessel.
d. STAFF
TRAINING. Staff training shall be conducted by, or under the direct supervision
of, a jump master.
e. STAFF
SUPERVISION. Staff who are in training shall be directly supervised at all
times.
A.23 Site
operating manual
a. CONTENTS OF MANUAL. The
site operating manual shall describe the system of operation to be used and
shall include, but not be limited to, a complete description of the following:
1. A site plan containing a plan view of the
site with all components in place, with fencing and the jump zone
defined.
2. A site plan containing
a profile of the jump zone.
3. All
components in the rigging system which shall include a manufacturer's
specification or laboratory test certificate of each component.
4. All operator, jumper and passenger safety
equipment.
5. All rescue
equipment.
6. Jobs of all personnel
employed on the site with the minimum Qualifications of each person and
complete detail of work periods required.
7. Personnel selection criteria and the
process for verifying the qualifications of job applicants.
8 Rules concerning the health and safety of
staff, patrons and the public.
9.
The owner's requirements regarding personnel use of drugs or alcohol and
testing procedures which may be required.
10. The training program of
personnel.
11. Standard operating
procedures.
12. Emergency
procedures to be taken in all possible scenarios which may occur.
13. The rescue training and Qualifications
required for all staff where the site includes moving water or swift
water.
14. The reporting to
authorities of incidents resulting in injury.
15. The reporting procedures for any
incidents which do not result in injury but which were not in accord with
normal operating procedures.
16.
equipment inspection procedures and the logging of those inspections.
17. Maintenance procedures.
18. Redundancy criteria and procedures for
all equipment.
19. Purchasing
procedures.
20. The method of
identifying or labeling all equipment.
b. FOLLOWING MANUAL. The site shall follow
the procedures described in the manual at all times.
c. CHANGES IN PROCEDURES. Any requested
change in procedures from the site operating manual shall be submitted in
writing to the department. Approval shall be obtained from the department prior
to implementation.
A.24
Emergency provisions and procedures
a.
EMERGENCY PLAN. Each site shall have an emergency plan.
b. FIRST AID KIT. A first aid kit and
blankets shall be maintained on site.
c. FIRST AID CERTIFICATION. All jump masters
shall have current first aid and CPR certification and complete an annual
refresher course.
d. LIFE SAVING
CERTIFICATION. At sites where the jump or recovery is over water, the jump
master and all landing and recovery staff shall be holders of a current life
saving certificate and shall have passed the equivalent for in-water rescue of
injured persons.
e. EMERGENCY
LIGHTING. Emergency lighting shall be provided at all jump sites that operate
one-half hour prior to sunset until one-half hour after sunrise. The emergency
lighting system shall illuminate the jump platform, the jump zone and the
landing area. The emergency lighting system shall have its own power source.
APPENDIX B OBTAINING ADOPTED CODES AND
STANDARDS
1. American Society
for Testing and Materials F-24 (ASTM F-24) Standards Amusement Rides and
Devices, Seventh Edition, 2004. A copy of the adopted ASTM standards can be
obtained by writing the American Society for Testing and Materials at 100 Barr
Harbor Drive, West Conshohocken Pennsylvania, 19428: Phone (610)
832-9500.
2. National Electrical
Code (NEC), 2002 Edition. A copy of the adopted NEC standards can be obtained
by writing the National Fire Protection Association at 1 Batterymarch Park,
Quincy Mass. 02269-0901; Phone 1 (800) 344-3555.
3. National Fire Protection Code 101 (NFPA
101) Life Safety Code. 2003 Edition. A copy of the adopted NFPA standards can
be obtained by writing the National Fire Protection Association at 1
Batterymarch Park, Quincy Mass. 02269-0901; Phone 1 (800) 344-3555.
4. National Fire Protection Code 30 (NFPA 30)
Flammable and Combustible Liguids Code, 2000 Edition. A copy of the adopted
NFPA standards can be obtained by writing the National Fire Protection
Association at 1 Batterymarch Park. quincy Mass. 02269-0901; Phone 1 (800)
344-3555.
5. American Society for
Testing and Materials (ASTM) Standards E 543, Standard Practice for Agencies
Performing Nondestructive Testing, 1996 Edition. A copy of the adopted ASTM
standards can be obtained by writing the American Society for Testing and
Materials at 100 Barr Harbor Drive, West Conshohocken Pennsylvania, 19428;
Phone (610) 832-9500.
6. American
Society for Nondestructive Testing (ASNT) Document SNT-TC-1A, Personnel
Qualification and Certification in Nondestructive Testing, 1996 Edition. A copy
of the adopted ASNT standard can be obtained by writing the American Society
For Nondestructive Testing, 1711 Arlingate Lane, Post Office Box 28518,
Columbus, Ohio 43228-0518; Phone 1(800) 222-2768.
7. United States Consumer Products Safety
Commission Safety Bulletins and alerts which reference Amusement rides and
attractions. Washington. D.C. 20207-0001