WSR 02-21-103

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 22, 2002, 12:10 p.m. ]

     Date of Adoption: October 22, 2002.

     Purpose: Electrical evaluation/certification laboratory accreditation, chapter 296-402A WAC and Amusement rides or structures, chapter 296-403 WAC.

     The purpose of this rule making is to make substantive changes to the Amusement rides or structures, chapter 296-403 WAC and the Electrical evaluation/certification laboratory accreditation, chapter 296-402A WAC, rules with the assistance of advisory committees.

     The last substantive changes that were made to the carnival/amusement ride rules date back to 1986. Also, the testing laboratory rules require provisions to allow the department to address unsafe electrical equipment. These rule changes were done with the assistance of advisory committees from the two industry groups.

     The changes to the carnival/amusement ride rules are necessary to:

•     Update the rules to reflect current department practice;

•     Address deficiencies that exist in the rules relating to safety inspections and incident reporting; and

•     Develop/clarify the process for becoming a certified amusement ride inspector.

     The testing laboratory rule changes are merely to adopt an electrical policy (01-02) to allow the department the ability to address electrical equipment that has been approved by an accredited testing laboratory, which has been found to be unsafe. Also, we clarified that electrical evaluation reports must be submitted electronically.


AMENDED SECTIONS
:

     WAC 296-402A-040 When is an electrical product considered safe? Changes were made to this section to adopt electrical program inspection policy 01-02 to develop a process for declaring when electrical equipment is unsafe. These changes are necessary to address electrical equipment that is approved by an accredited testing laboratory that the department determines are unsafe. This section also establishes notification requirements that the department will use to inform testing laboratories, the general public and other interested parties about unsafe electrical equipment.

     WAC 296-402A-410 Who gets a copy of the evaluation report and what format must be used to submit the report? This section was amended to clarify how the department must be provided copies of the evaluation report electronically in a format approved by the department and clients must be notified in a format acceptable to them.

     WAC 296-402A-630 Must an evaluation laboratory apply to perform each field evaluation? Changes were made to this section to clarify that the laboratory's request for permission must be submitted on a department supplied form.


NEW SECTIONS:

     WAC 296-403A-100 Definitions. Moved the provisions found in WAC 296-403-010, rewrote the definitions for purposes of clarity, applied clear rule-writing principles, and added new definitions for use with this chapter.

     WAC 296-403A-110 Insurance. Moved the provisions found in WAC 296-403-020, rewrote the insurance provisions for purposes of clarity, allowed more time for the insurance company to notify the department, and applied clear rule-writing principles.

     WAC 296-403A-120 Application for and renewal of operating permit. Moved the provisions found in WAC 296-403-030, rewrote the operating permit application provisions for purposes of clarity, and applied clear rule-writing principles. Also, clarified that amusement rides or structures that undergo major modification must be recertified by an amusement ride inspector or insurer per RCW 67.42.020(2) before being placed into operation - this change is consistent with RCW 67.42.040 and current practice.

     WAC 296-403A-130 Operating permit. Moved the provisions found in WAC 296-403-040, rewrote the operating permit provisions for purposes of clarity, and applied clear rule-writing principles. Also, clarified that temporary operating permits are also acceptable that have been issued as outlined in WAC 296-403A-140 - this change is consistent with current practice.

     WAC 296-403A-140 Temporary operating permit. Moved the provisions found in WAC 296-403-050, rewrote the temporary operating permit provisions for purposes of clarity, and applied clear rule-writing principles.

     WAC 296-403A-150 Fees. Moved the provisions found in WAC 296-403-060, rewrote the fee provisions for purposes of clarity, and applied clear rule-writing principles. Also, clarified that the fee for issuing operating permits also applies to bungee jumping operating permits - this change is authorized by chapter 67.42 RCW and is consistent with current practice.

     WAC 296-403A-160 Appeals. Moved the provisions found in WAC 296-403-070, rewrote the appeal provisions for purposes of clarity, made necessary corrections, and applied clear rule-writing principles.

     WAC 296-403A-170 Amusement ride inspector qualifications. Moved the provisions found in WAC 296-403-080, rewrote the inspector qualification provisions for purposes of clarity, and applied clear rule-writing principles. Also, added provisions for competency examinations and established an implementation schedule for compliance. These provisions are necessary to ensure that amusement ride inspectors are competent to perform inspections.

     WAC 296-403A-180 Safety and maintenance seminar. Moved the provisions found in WAC 296-403-090, rewrote the seminar provisions for purposes of clarity, and applied clear rule-writing principles. Also, added additional seminars which are acceptable to the department for complying with this section - this change is consistent with current practice.

     WAC 296-403A-190 Safety standards for amusement rides and amusement structures. Established provisions for the safety of amusement rides and amusement structures. These provisions require:

•     Amusement rides and structures to comply with all applicable requirements of the National Electrical Code and this chapter, manufacturer's specifications, American Society of Testing and Materials (ASTM) Standards on Amusement Rides and Devices, insurance company inspection requirements, and the authority having jurisdiction.

•     The amusement ride inspector to verify the correction of all deficiencies noted on the application for an amusement ride operating decal. The correction of any deficiencies must be completed within fifteen calendar days unless the inspector has determined that deficiencies are of a serious nature that will prohibit operation of the amusement ride or amusement structure. The period to correct deficiencies may be extended for a specific period at the discretion of the safety inspector and/or the department.

•     The amusement ride inspector to report to the department any amusement ride or structure that is not allowed to operate because of serious safety deficiencies. Any deficiencies must be reinspected by the amusement ride inspector/company or other qualified inspector/company authorized by the original ride inspector/company.

     These changes are necessary to establish requirements in rule for which amusement rides and structures are to be inspected for purposes of safety. This includes adopting the ASTM code, manufacturer's specifications, insurance company inspection requirements, and the requirements established by the local authority having jurisdiction. These changes are also consistent with the department's mandate in chapter 67.42 RCW to ensure that amusement rides are inspected for safety.

     WAC 296-403A-195 Incident reporting. Established provisions for incident reporting of amusement rides and amusement structures. These provisions include requiring amusement structure/ride owner(s) and/or operator(s) to report to the department:

•     Any incident or accident where evacuation of a ride results from an electrical or mechanical malfunction or when emergency personnel are required to assist in the evacuation; and

•     Any incident/accident involving an amusement ride or structure involving personal injury that requires medical treatment, other than ordinary first aid. Medical treatment other than ordinary first aid means treatment beyond that which occurs at the location of the incident/accident and is provided by or under the supervision of a physician licensed to practice medicine, and the treatment is in response to a medical concern that is related directly to the incident/accident.

     Reports meeting the above criteria must be made in writing within twenty-four hours after any incident/accident. This report may be faxed to a phone number supplied by the department followed by the original report in the mail.

     These reporting requirements are necessary to ensure that unsafe rides are either inspected or taken out of service. Currently, the department relies on voluntary information sharing and the media to be made aware of such unsafe amusement rides or structures. It is also important to note that although this is a new requirement no penalty is associated with it as we are hopeful that this rule will at least ensure voluntary compliance and department involvement.

     WAC 296-403A-200 Reciprocal certificate. Moved the provisions found in WAC 296-403-120 for reciprocal agreements.

     WAC 296-403A-210 Revocation and suspension of certification of amusement ride inspectors -- Reinstatement. Moved the provisions found in WAC 296-403-140, rewrote the revocation and suspension provisions for purposes of clarity, and applied clear rule-writing principles. Also, clarified that amusement ride inspectors whose certification has been revoked must reapply for certification according to this chapter.

     WAC 296-403A-220 Fees for examination, certification, and renewal of certification for inspectors. Moved the provisions found in WAC 296-403-150 relating to fees.

     WAC 296-403A-230 Electrical requirements for amusement rides and amusement structures. Moved the provisions found in WAC 296-403-160, rewrote the electrical requirements for purposes of clarity, made necessary changes, and applied clear rule-writing principles. Also, clarified that concessions and games may also be certified and labeled by the department as a factory assembled structure.

     WAC 296-403A-240 Department on-site electrical inspection. Established provisions for on-site electrical inspection and clarified when an on-site electrical inspection and fee are not required. These changes are consistent with current practice.


REPEALED SECTIONS:

     Chapter 296-403 WAC is being repealed and replaced with the new chapter 296-403A WAC.

     Citation of Existing Rules Affected by this Order: Repealing chapter 296-403 WAC; and amending WAC 296-402A-040, 296-402A-410, and 296-402A-630.

     Statutory Authority for Adoption: RCW 19.28.010, 19.28.031, 19.28.061, 19.28.101, 19.28.171, 19.28.191, 19.28.201, 19.28.251, 19.28.271, 19.28.311, 19.28.321, 67.42.020, 67.42.025, and 67.42.050.

     Other Authority: Chapters 19.28 and 67.42 RCW.

      Adopted under notice filed as WSR 02-09-097 on April 17, 2002.

     Changes Other than Editing from Proposed to Adopted Version: WAC 296-403A-100 Definitions. Made clarification changes to the definition of "Amusement ride," including adding a provision to exclude "boats" referred to as personal watercraft or vessels operated on the waters of this state according to chapter 79A.60 RCW. Removed the definition of "board" as it is unnecessary for purposes of this chapter. Lastly, added the specific citation to the National Electrical Code that is to be used for purposes of this chapter.

     WAC 296-403A-130 Operating permit. Made a clarification change to this section to remove unnecessary language relating to changing the original action of the amusement ride or structure, as this is not the only criteria associated with an amusement ride or structure being "materially rebuilt or materially modified."

     WAC 296-403A-160 Appeals. Made changes to this section to clarify the process for appeals as they are to be submitted to the department and not the electrical board for action.

     WAC 296-403A-170 Amusement ride inspector qualifications. Made a minor clarification change to add "other" when referring to "other" governmental bodies regulating amusement rides. Also, clarified subsection (5)(b) to specify that the ability to become certified without testing provided the individual has been an amusement ride inspector for ten years.

     WAC 296-403A-190 Safety standards for amusement rides and amusement structures. Made a clarification change to add "requirements established by the local authority having jurisdiction."

     WAC 296-403A-230 Electrical requirements for amusement rides and amusement structures. Added "as amended" when referring to chapter 296-46A WAC.

     WAC 296-403A-240 Department on-site electrical inspection. Added "as amended" when referring to chapter 296-46A WAC.

     WAC 296-402A-410 Who gets a copy of the evaluation report and what format must be used to submit the report? Made a change to clarify that the evaluation report submitted to local offices may either be a local department of labor and industries' office or a local city government office that has electrical inspection jurisdiction.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 16, Repealed 16.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 16, Repealed 16.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 16, Repealed 16.
     Effective Date of Rule: Thirty-one days after filing.

October 22, 2002

Gary Moore

Director

OTS-5552.2


AMENDATORY SECTION(Amending WSR 00-11-115, filed 5/19/00, effective 6/30/00)

WAC 296-402A-040   When is an electrical product considered safe?   An electrical product is considered to be safe when it is either certified by a laboratory accredited by the department or labeled with a field evaluation mark by a laboratory accredited by the department.

     The department may declare electrical equipment unsafe if:

     • The equipment is not being manufactured or produced in accordance with all standards of design and construction and all terms and conditions set out in the certification report for the equipment referred to in this chapter;

     • The equipment has been shown by field experience to be unduly hazardous to persons or property;

     • An examination of the equipment or of the certification report for the equipment shows that the equipment does not comply with all applicable standards; or

     • An examination of the certification report or the equipment shows that the equipment cannot be installed in accordance with this code.

     When the department declares an electrical product unsafe, the department will:

     • Notify the product manufacturer and the appropriate testing laboratory in writing;

     • Notify the general public by:

     – Report to the Consumer Product Safety Commission;

     – A published article in the Electrical Currents;

     – Internet website posting; and

     – News release.

[Statutory Authority: RCW 19.28.060 and chapter 19.28 RCW. 00-11-115, § 296-402A-040, filed 5/19/00, effective 6/30/00.]


AMENDATORY SECTION(Amending WSR 00-11-115, filed 5/19/00, effective 6/30/00)

WAC 296-402A-410   Who gets a copy of the evaluation report and what format must be used to submit the report?   (1) The department's chief electrical inspector submitted electronically in a format approved by the department.

     (2) Local electrical inspection office submitted electronically in a format approved by the department. This office may either be a local department of labor and industries' office or a local city government office that has electrical inspection jurisdiction.

     (3) Client submitted in any format acceptable to the client and testing laboratory.

[Statutory Authority: RCW 19.28.060 and chapter 19.28 RCW. 00-11-115, § 296-402A-410, filed 5/19/00, effective 6/30/00.]


AMENDATORY SECTION(Amending WSR 00-11-115, filed 5/19/00, effective 6/30/00)

WAC 296-402A-630   Must an evaluation laboratory apply to perform each field evaluation?   Yes. The laboratory must request permission from the department in writing two working days prior to conducting any field evaluation of an electrical product to be installed in any jurisdiction in the state. Requests must be made using a department supplied form.

[Statutory Authority: RCW 19.28.060 and chapter 19.28 RCW. 00-11-115, § 296-402A-630, filed 5/19/00, effective 6/30/00.]

OTS-4935.6

Chapter 296-403A WAC

AMUSEMENT RIDES OR STRUCTURES


NEW SECTION
WAC 296-403A-100   Definitions.   Definitions as found in ASTM F 747-97 Standard Terminology Related to Amusement Rides and Devices are adopted in addition to the following:

     (1) "Air supported" structure or device means an amusement device that incorporates a structural and mechanical system and employs a high-strength fabric or film that achieves its strength, shape and stability by pretensioning with internal air pressure (inflation).

     (2) "Amusement ride" means any vehicle, boat, or other mechanical or air supported device moving upon or within a structure, along cables or rails, through the air by centrifugal force or otherwise, or across water, that is used to convey one or more individuals for amusement, entertainment, diversion, or recreation. For purposes of this chapter, "boats" does not refer to personal watercraft or vessels operated on the waters of this state according to chapter 79A.60 RCW. Examples of an amusement ride include, but are not limited to, devices commonly known as skyrides, ferris wheels, carousels, parachute towers, tunnels of love, roller coasters, mechanical bulls, gyrotron, space balls, bungee operated, simulators and similar devices.

     Conveyances for persons in recreational winter sports activities such as: Ski lifts, ski tows, j-bars, t-bars, and similar devices subject to regulation under chapter 70.88 RCW are not amusement rides. Any single-passenger coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location that does not normally require the supervision or services of an operator is not an amusement ride. Nonmechanized playground equipment including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, and physical fitness devices are not amusement rides. Permanent water slides are not amusement rides. Animal rides such as: Pony rides, riding stables, hay rides and elephant rides are not amusement rides.

     (a) "Portable amusement ride" means an amusement ride which is relocated at least once per year with or without disassembly.

     (b) "Permanent amusement ride" means an amusement ride which is erected to remain a lasting part of the premises.

     (3) "Amusement structure" means any electrical, mechanical, nonmechanical, or air-supported device or any combinations thereof operated for revenue and to provide amusement or entertainment to viewers or audiences at carnivals, fairs, or amusement parks. A game or concession where a member of the public performs an act or makes a purchase is not an amusement structure. Examples of an amusement structure include, but are not limited to, structures commonly known as permanent steel or wooden roller coasters, a permanent dark ride or fun house, a permanent drop tower, or a permanent building enclosing a portable amusement device.

     (4) "ASTM" means the American Society for Testing and Materials (F-24 committee) as it relates to amusement rides and devices. Copies of the ASTM are available from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959.

     (5) "Authority having jurisdiction" means the department.

     (6) "Carnival" means a mobile enterprise principally devoted to offering amusement or entertainment to patrons in, upon, or by means of portable amusement rides or structures.

     (7) "Certificate of inspection" means a document given under oath or affirmation from an insurer or a person with whom the insurer has contracted to make a safety inspection of the amusement ride or structure. The certificate must contain: The name, address and signature of the inspector, the complete description of the amusement ride or structure and the name and address of the owner or operator.

     (8) "Certificate of insurance" means a document certifying that the insurance required by chapter 67.42 RCW is in effect. Copies of this document/form are available from the department upon request.

     (9) "Department" means the department of labor and industries.

     (10) "Insurance policy" means an insurance policy written by an insurer authorized to do business in this state under Title 48 RCW.

     (11) "Major modification" means any change to the original configuration or layout of components or replacement of components that are not like-for-like.

     (12) "NEC" means the 2002 edition of the National Electrical Code (NFPA 70-2002) including Annex A, B, and C, but excluding Article 80. Copies of the NEC, NFPA 70-2002 are available from the NFPA (National Fire Protection Association), 1 Batterymarch Park, Quincy, Massachusetts 02169-7471.

     (13) "Operating permit" means a permit that is issued by the department.

     (14) "Operating permit decal" is a decal issued by the department that must be affixed on or adjacent to the control panel of the amusement ride or structure in a location visible to the patrons of the ride or structure.

     (15) "RCW" means the Revised Code of Washington. Copies of RCWs are available from the office of the code reviser.

     (16) "Safety inspection" means a procedure to be conducted by a safety inspector to determine whether an amusement ride or device is assembled, maintained, tested, operated, and inspected in accordance with the current ASTM standards, the manufacturer's or insurer's standards, and this chapter, whichever is the most stringent, and that determines the current operational safety of the ride or device.

     (17) "Safety inspector" and "amusement ride inspector" both mean a third-party inspector authorized by the department to conduct safety inspections of amusement rides or devices in compliance with this chapter. The inspector must be an independent, third party with no organizational, managerial, financial, design, or promotional affiliation with the amusement ride or amusement structure being inspected. The inspector must not be a principal, owner, or employee of any amusement company or manufacturer doing business in the state of Washington, unless authorized by the department to conduct specific inspections on a case-by-case basis.

     Inspectors who have installed, modified or repaired an amusement ride or structure may not perform the initial inspection on the equipment they have installed, modified, or repaired. The inspector must have an adequate diversity of clients or activity so that the loss or award of a specific contract regarding amusement ride or amusement structure safety certification would not be a deciding factor in the financial well being of the inspector.

     (18) "WAC" means the Washington Administrative Code. Copies of WACs are available from the department and the office of the code reviser.

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NEW SECTION
WAC 296-403A-110   Insurance.   The following are the requirements for insurance for amusement rides and structures:

     (1) An original copy of the insurance policy in an amount not less than one million dollars per occurrence from an insurer authorized to do business in the state of Washington must be filed with the department.

     (2) A certificate of insurance must be presented to either the sponsor, lessor, landowner or other person responsible for an amusement ride being offered for use by the public.

     (3) The insurance company must notify the department at least thirty days before canceling or revoking a policy and upon the nonrenewal of the policy.

     (4) If the insurance company withdraws, cancels, revokes, suspends, or excludes coverage of any ride(s) from any policy furnished to the department, such withdrawal, cancellation, revocation, suspension, or exclusion must be plainly stated in documents furnished to the department.

     (5) The department must be notified within twenty-four hours of the withdrawal, cancellation, revocation, suspension, or exclusion of insurance coverage of an amusement ride or structure for which an operating permit has been issued by the department.

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NEW SECTION
WAC 296-403A-120   Application for and renewal of operating permit.   (1) The person(s) making application for an operating permit for an amusement structure or an amusement ride must provide the following documentation on an application form provided by the department and pay the appropriate fee:

     (a) The name, address and telephone number of the owner or operator of the amusement ride or structure together with the name and signature of the applicant.

     (b) Description of amusement ride or structure. Each amusement ride or structure must be individually identified:

     (i) By a trade name or title and a narrative description from which the amusement structure or ride can be identified; and

     (ii) A serial number which is welded onto the frame or contained on an identification plate which is permanently affixed to the amusement structure or ride.

     (c) Certificate of inspection. The amusement ride inspector or insurer per RCW 67.42.020(2) must certify that the amusement ride or structure has been inspected for safety and meets the standards for compliance with all applicable requirements of the National Electrical Code and this chapter, manufacturer's specifications, American Society of Testing and Materials (ASTM) Standards on Amusement Rides and Devices, and insurance company inspection requirements.

     (d) Amusement rides or structures that undergo major modification must be recertified by an amusement ride inspector or insurer per RCW 67.42.020(2) before being placed into operation.

     (2) Renewal of operating permit. An operating permit may be renewed before the expiration date by submitting an application with the proper fee and a certificate of safety inspection. The safety inspection must have been performed within thirty days before the expiration date of the operating permit.

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NEW SECTION
WAC 296-403A-130   Operating permit.   An amusement ride or structure must not be operated unless the owner or operator has obtained an operating permit and an operating permit decal is posted on the ride, unless a temporary operating permit has been issued as outlined in WAC 296-403A-140. The owner or operator of the amusement ride or structure must have available for inspection, at the location where the amusement ride or structure is to be operated, a copy of the operating permit for each amusement ride or structure. Each operating permit that has been issued to an owner or operator is valid for one year from the date of issue or the date of inspection whichever is less, unless revoked. The operating permit will become null and void in the event that the insurance policy is canceled or is no longer in effect or if an amusement ride or structure is materially rebuilt or materially modified.

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NEW SECTION
WAC 296-403A-140   Temporary operating permit.   A temporary operating permit expires after fifteen days and will not be renewed or extended unless authorized by the chief electrical inspector. The department electrical section may issue a temporary operating permit when:

     (1) The insurance policy required by chapter 67.42 RCW is on file with the department; and

     (2) The safety inspection of the amusement ride or structure has been performed within the last year; and

     (3) The department has received a complete application for an operating permit.

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NEW SECTION
WAC 296-403A-150   Fees.   The fee for issuing each operating permit (including bungee jumping operating permits) and operating permit decal is ten dollars.

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NEW SECTION
WAC 296-403A-160   Appeals.   (1) Decisions by the department under this chapter can be appealed when:

     (a) An operating permit has been denied or revoked.

     (b) The department has ordered the cessation of the operation of an amusement ride or structure.

     (c) An amusement ride inspector application has been denied, or certificate has been suspended or revoked.

     The appeal will be conducted in accordance with chapter 34.05 RCW. An appeal does not stay the decision of the department. The appeal must be filed within twenty days after notice of the decision of the department is sent by certified mail, return receipt requested, or is served upon the owner or operator.

     (2) An appeal is made by filing a written notice of appeal with the department's chief electrical inspector and must state the decision by the department that is being appealed and the relief that is desired. The formal appeal must be accompanied by a certified check for two hundred dollars which will be returned to the holder of the certificate or permit if the department's decision is overturned. If the department's decision is not overturned, the two hundred dollars will be applied to pay the costs associated with the appeal, and any balance remaining after payment of per diem and expenses will be paid into the electrical license fund.

     (3) All requests for appeals must be filed with the department's chief electrical inspector, Department of Labor and Industries, 7273 Linderson Way, P.O. Box 44460, Olympia, WA 98504-4460. The filings may be submitted by ordinary mail, certified or registered mail, or by personal delivery. The date of filing is the date the paper is actually received in the office of the chief electrical inspector.

     (4) See chapter 34.05 RCW and chapter 10-08 WAC for additional information on appeals.

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NEW SECTION
WAC 296-403A-170   Amusement ride inspector qualifications.   An amusement ride inspector must meet the following minimum qualifications:

     (1) Two years experience with an insurance company as an amusement ride inspector; or

     (2) Two years experience inspecting amusement rides and enforcing amusement ride codes while employed by a state or other governmental body regulating amusement rides; or

     (3) Not less than five years documented field operating and maintenance experience with amusement rides and devices, including responsibility for erection, assembly, disassembly; personnel supervision responsibility for erection, maintenance, and operating functions; or

     (4) Not less than ten years documented practical experience in the design, construction, maintenance, repair, field inspection, and operation of amusement rides and devices as an authorized representative of a recognized amusement ride manufacturer; and

     (5) In addition to the above criteria an amusement ride inspector must be certified by the department after demonstrating competency by:

     (a) Passing a competency examination administered by the department; or

     (b) Passing a test administered by the National Association of Amusement Ride Safety Officials for NAARSO Level II or other certification organizations recognized by the department, as an amusement ride inspector.

     Those individuals who are certified by the department before December 31, 2000, will have until December 31, 2003, to take and successfully pass one of the examinations in (a) or (b) of this subsection. Individuals with at least ten years as an amusement ride inspector may become certified without testing if they were certified with the department on December 31, 2000.

     (6) An amusement ride inspector may work without certification, as a trainee, if directly and continually supervised during the inspection process by a certified amusement ride inspector.

     (7) This section does not apply to insurers or a person with whom the insurer has contracted with per RCW 67.42.020(2).

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NEW SECTION
WAC 296-403A-180   Safety and maintenance seminar.   Every amusement ride inspector must annually attend at least one amusement ride safety and maintenance seminar sponsored by the Amusement Industry Manufacturers and Equipment Suppliers, Northwestern Showman's Club, National Association of Amusement Ride Safety Officials, International Association of Amusement Parks and Attractions, or an equivalent approved by the department. All experience and schooling must be documented and verified and must be furnished to the department with an application for an amusement ride inspector certificate.

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NEW SECTION
WAC 296-403A-190   Safety standards for amusement rides and amusement structures.   (1) A certified amusement ride inspector will inspect amusement rides and structures for safety. Amusement rides and structures must comply with all applicable requirements of the National Electrical Code and this chapter, manufacturer's specifications, American Society of Testing and Materials (ASTM) Standards on Amusement Rides and Devices, insurance company inspection requirements, and the requirements established by the local authority having jurisdiction.

     (2) The amusement ride inspector must verify the correction of all deficiencies noted on the application for an amusement ride operating decal. The correction of any deficiencies must be completed within fifteen calendar days unless the inspector has determined that deficiencies are of a serious nature that will prohibit operation of the amusement ride or amusement structure. The period to correct deficiencies may be extended for a specific period at the discretion of the safety inspector and/or the department. The amusement ride inspector must report to the department any amusement ride or structure that is not allowed to operate because of serious safety deficiencies. Any deficiencies must be reinspected by the amusement ride inspector/company or other qualified inspector/company authorized by the original ride inspector/company.

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NEW SECTION
WAC 296-403A-195   Incident reporting.   (1) Amusement structure/ride owner(s) and/or operator(s) must report to the department:

     (a) Any incident or accident where evacuation of a ride results from an electrical or mechanical malfunction or when emergency personnel are required to assist in the evacuation; and

     (b) Any incident/accident involving an amusement ride or structure involving personal injury that requires medical treatment, other than ordinary first aid. Medical treatment other than ordinary first aid means treatment beyond that which occurs at the location of the incident/accident and is provided by or under the supervision of a physician licensed to practice medicine, and the treatment is in response to a medical concern that is related directly to the incident/accident.

     (2) Reports meeting the above criteria must be made in writing within twenty-four hours after any incident/accident. This report may be faxed to a phone number supplied by the department followed by the original report in the mail. The report must include a detailed description of all available facts regarding the incident/accident for review by the department. After review, the department may require the amusement ride or structure to be inspected by an amusement ride inspector before continuing the operation of the ride or structure. When the department revokes a ride operating permit, a complete and detailed account of the incident/accident must be provided to the department before a new operating permit will be issued following an incident/accident.

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NEW SECTION
WAC 296-403A-200   Reciprocal certificate.   The department may upon proper application, issue an amusement ride inspector certificate to an individual who meets the minimum qualifications as set forth in this chapter and who possesses a current, valid amusement ride inspector certificate in a state or province which has equal or higher standards for amusement ride inspectors as those contained in this chapter. No amusement ride inspection examination will be required of those persons who qualify for a reciprocal amusement ride inspector certificate.

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NEW SECTION
WAC 296-403A-210   Revocation and suspension of certification of amusement ride inspectors -- Reinstatement.   (1) An amusement ride inspector's certificate of competency may be suspended or revoked for cause such as: Certifying the safety of an unsafe ride, falsifying records or reports or certifying an amusement ride or structure which he or she has not personally inspected.

     (2) The suspension or revocation of a certificate of competency that is not contested will be suspended or revoked immediately. If the suspension or revocation of a certificate of competency is contested, the suspension or revocation will not occur until after a hearing has been held before the department. The inspector and his or her employer are entitled to appear at such hearings and to be heard.

     (3) The department must deliver to both the inspector charged and to his or her employer (if known), not less than ten days prior to the hearing, a written notice of the charges and of the time and place of such hearing.

     (4) An inspector whose certificate of competency has been suspended may apply for reinstatement not less than ninety days after the time of suspension. If the certificate of competency has been revoked, the inspector will need to reapply for certification according to this chapter.

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NEW SECTION
WAC 296-403A-220   Fees for examination, certification, and renewal of certification for inspectors.   (1) Fee for each application for inspector's certificate of competency and examination, one hundred dollars.

     (2) Application fee (nonrefundable), twenty dollars.

     (3) Fee for annual renewal of certificate of competency or reciprocal inspector certificate, twenty dollars.

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NEW SECTION
WAC 296-403A-230   Electrical requirements for amusement rides and amusement structures.   (1) Electrical distribution system. Service equipment, separately derived systems, feeders and circuits for each amusement ride, amusement structure or concession must comply with all applicable requirements of the National Electrical Code and chapter 296-46A WAC, as amended.

     (2) Flexible multiconductor cords must be connected to equipment by approved connectors designed for the purpose or by listed cord caps. Individual conductors of multiconductor cords in sizes #2 AWG and larger are permitted to be connected by listed and labeled connection systems in accordance with Article 520-53(k) of the National Electrical Code. Where conductors are connected individually by such connection systems, the outer jacket of multiconductor cord must be secured to the electrical equipment independent from the receptacles and plugs by approved cable grips that are installed in a manner to prevent pressure from being applied to the receptacles and plugs.

     (3) Individual, single conductor, insulated, portable power cable, in addition to complying with Section 525-13 of the National Electrical Code, must comply with the following:

     (a) All conductors of the feeder or circuit including the equipment grounding conductor must originate in the same electrical equipment and terminate in the same equipment.

     (b) All conductors of the feeder or circuit including the ungrounded, grounded, and equipment grounding conductors must run together, except for portions installed within approved cable protection systems.

     (c) The cables must be secured to the electrical equipment independent from the cable receptacles and plugs by approved cable grips that prevent pressure from being applied to the connectors.

     (d) The cables must be connected to electrical equipment by approved listed and labeled connection systems in compliance with Section 520-53(k) of the National Electrical Code.

     (4) Disconnecting means. A separate, enclosed, externally operable fused switch or circuit breaker must be installed on each amusement ride, structure or concession to disconnect all electrical equipment. The disconnecting means must be readily accessible and identified as the disconnecting means. The disconnecting means is not required to be readily accessible when a disconnecting means meeting the requirements of NEC 525-30 is also installed. Where more than one power supply is employed, the disconnecting means must be grouped.

     (5) Rotating equipment. Components of amusement rides or structures that rotate more than three hundred sixty degrees and which have electrically operated equipment, must be supplied by approved collector rings that are totally enclosed or located so they are accessible to authorized personnel only. The collector rings must be factory produced with an equipment grounding segment having a voltage and current rating that equals or exceeds the rating of the current carrying segments. Collector rings must have an ampacity not less than one hundred twenty-five percent of the full-load current of the largest device served plus the full-load current of all other devices served. Collector rings for control and signal purposes must have an ampacity not less than one hundred twenty-five percent of the full-load current of the largest device served plus the full-load current of all other devices served.

     (6) Equipment grounding. All noncurrent carrying metal parts of amusement rides and structures must be grounded by an equipment grounding conductor routed with the feeder or circuit conductors in accordance with the National Electrical Code and these rules. The metallic structure must not be used as a current carrying conductor.

EXCEPTION: The metallic structure is permitted to be used as the return path for low voltage systems that do not exceed thirty volts, provided that the ungrounded conductors are protected by an overcurrent device in accordance with the National Electrical Code and the system is factory built for such use.
     (7) Existing concessions or games electrical systems must comply with the National Electrical Code and must be maintained in full compliance with codes and standards in effect at the time they were manufactured. When new concessions or games are purchased, manufactured or constructed, or where existing concessions or games have major modification, the electrical system must comply with this chapter and the edition of the National Electrical Code in effect at the time. All concessions and games must be identified in or on the disconnecting means and in records furnished to the department with the edition of the National Electrical Code the electrical system is intended to comply with, or be certified and labeled by the department as a factory assembled structure.

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NEW SECTION
WAC 296-403A-240   Department on-site electrical inspection.   (1) Department electrical inspection will be done each time an amusement ride or structure is set up. Fees will be paid in accordance with chapter 296-46A WAC, as amended. An on-site electrical inspection permit and fee is not required for any amusement ride or structure when all of the following conditions are met:

     (a) The ride is equipped with a supply cord that does not exceed 120 volts or 20 amps.

     (b) The amusement ride inspector, on the operating permit application, has documented the size and length of the supply cord.

     (c) No extension cords are used to supply the equipment.

     (d) The amusement ride or structure has a current amusement ride operating permit decal.

     (2) Itinerary for set-up locations must be made available to the chief electrical inspector upon request.

     (3) Amusement rides that are leased and set up for private use (not operated for revenue) must also comply with the following in addition to the on-site inspection and operating permit requirements established by this chapter:

     (a) The lessor must provide the lessee with manufacturer's set up instructions.

     (b) The lessor or their authorized agent is responsible for providing proper set up and tear down of each amusement ride or structure (authorized agents must be under written contract to the owner or operator).

     (c) The lessor is responsible to maintain proper documentation assuring that each lessee has been provided with proper manufacturer's instructions for operating and setting up each individual leased amusement ride or structure.

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OTS-4945.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 296-403-010 Definitions.
WAC 296-403-020 Insurance.
WAC 296-403-030 Application for operating permit.
WAC 296-403-040 Operating permit.
WAC 296-403-050 Temporary operating permit.
WAC 296-403-060 Fees.
WAC 296-403-070 Appeals.
WAC 296-403-080 Amusement ride inspector qualifications.
WAC 296-403-090 Safety and maintenance seminar.
WAC 296-403-100 On-site examination.
WAC 296-403-110 On-site examination content.
WAC 296-403-120 Reciprocal certificate.
WAC 296-403-130 Insurance company amusement ride inspector.
WAC 296-403-140 Revocation of certification of amusement ride inspectors -- Reinstatement.
WAC 296-403-150 Fees for examination, certification, and renewal of certification for inspectors.
WAC 296-403-160 Amusement rides or structures, carnivals, circuses, and similar traveling shows.

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