WSR 25-10-074
PERMANENT RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed May 6, 2025, 8:29 a.m., effective June 6, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this rule making is to adopt amendments to the definitions for amusement rides or structures under WAC 296-403A-100. The department of labor and industries accepted a rule-making petition to amend the definition of "amusement structure" to exclude fixed artificial climbing surfaces built for the sport of rock climbing, including equipment used for climber education and safety, when not located on the same premises as amusement rides or amusement structures. This rule making adopts amendments from the petitioner's request. The amendments are necessary to ensure the definitions clearly define the types of structures that are regulated as amusement rides. Additional amendments to WAC 296-403A-100 are also being adopted to bring the rule up-to-date.
Adopted amendments:
WAC 296-403A-100 Definitions.
•Clarifies the definition of "amusement structure" to exclude fixed artificial climbing surfaces built for the sport of rock climbing, including equipment used for climber education and safety, when not located on the same premises as amusement rides.
•Modifies the definition of "NEC." This includes:
oRemoving the outdated reference to the 2002 edition of the National Electrical Code (NEC) and referencing to the NEC edition adopted in the electrical rules under chapter 296-46B WAC; and
oRemoving the physical location for obtaining hard copies of the NEC and adds how copies can now be obtained.
•Modifies the definitions of "RCW" and "WAC" to clarify that copies of the electrical laws and rules are only available electronically.
•Modifies the definition of "amusement rides" to update a reference.
Citation of Rules Affected by this Order: Amending WAC 296-403A-100.
Statutory Authority for Adoption: Chapter 67.42 RCW, Amusement rides.
Adopted under notice filed as WSR 25-04-097 on February 4, 2025.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
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 0, Amended 0, Repealed 0.
Date Adopted: May 6, 2025.
Joel Sacks
Director
RDS-6106.2
AMENDATORY SECTION(Amending WSR 02-21-103, filed 10/22/02, effective 11/22/02)
WAC 296-403A-100Definitions.
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))79A.40 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. Artificial climbing surfaces built for the sport of rock climbing, including equipment attached for climber education and safety, are not amusement structures when permanently fixed and not located on the same premises as amusement rides or amusement structures regulated under this chapter.
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))(NFPA 70) adopted pursuant to chapter 296-46B WAC. Copies of the NEC, NFPA 70 are available from the NFPA (National Fire Protection Association).
(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. Electronic copies of RCWs are available from the department and 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. Electronic copies of WACs are available from the department and the office of the code reviser.