By Jay Williamson, CIRSA Loss Control Supervisor
On July 15, 2019 the State of Colorado’s new proposed Regulations for Amusement Rides and Devices (7 CCR 1101-12, the “Regulations”) became effective. If your entity has previously received an operator exemption from the Regulations, per Section 1-4(I), your rides and devices must still meet or exceed the requirements of the standards adopted in the Regulations. Thus, it’s important to obtain a copy of the standards and the associated references to help ensure continued compliance.
The new Regulations continue to define an “Amusement Ride or Device” as:
“Any mechanized device or combination of devices which carry or convey persons along, around or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, excitement or the opportunity to experience the natural environment.”
However, the illustrative list of amusement rides or devices is amended to expressly include some additional items, including Trackless Trains, Simulators, Stationary Wave Stations and Aerial Adventure Courses. The revised list now states:
“Amusement rides or devices include but are not limited to, an aggregation of amusement rides or devices in an amusement setting such as amusement parks, carnivals, fairs and festivals. Amusement rides and devices also include but are not limited to, bungee jumping, Bungee Trampolines, Trampoline (Institutional, TC, TC Foam Pit), Climbing Walls in amusement settings, Concession Go-karts, Bumper Devices, gravity-propelled rides and devices, Water Slides, Trackless Trains, Simulators, Stationary Wave Systems, Aerial Adventure Courses, and traditional amusement rides.”
The new Regulations update the list of applicable standards and add provisions authorizing the state to approve “Service Proven” designs as well as alternative methods or procedures under specific, limited circumstances. The Regulations also now expressly state that rides and devices must comply with both the applicable standards and any manufacturer’s recommendations. Where the two differ, the more stringent requirement applies.
The new Regulations continue the requirement to report to the state, by phone and within 24 hours, any reportable injury, but delete the requirement for submitting an injury report form to the state within 72 hours. Rather, the written injury report must instead be completed, maintained and made available to the state for investigation, and upon its request. The Regulations list the phone numbers to call for a Reportable Injury.
Among other amendments, the new Regulations include the following noteworthy provisions on specific rides or devices you may have in your municipal facilities:
On the other hand, if a recreation center is, for example, hosting a birthday party and not teaching the individuals how to tie knots or how to actually sport climb, then the wall is being used in a manner that’s more like a fun amusement ride, and that wall would be regulated by the state. Similarly, if there’s no instructions or training, or no documentation of training or testing being performed for users of the wall, then that wall would be regulated by the state.
If you have any questions or concerns regarding the new Regulations you can contact the state Amusement Rides and Devices Program.
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