KANSAS AMUSEMENT RIDE ACT

WHAT IS IT?

CHANGES & IMPACTSPRESENTED AT: KANSAS TOURISM CONFERENCE

JUNCTION CITY, KS--OCTOBER 24, 2018

WHEN DID THE KANSAS AMUSEMENT RIDE ACT BECOME A THING?

2008/2009---First Enacted

• Little Oversight, Few Penalties

2017---Major Overhaul

• Increased Funding, Increased Oversight, Increased Penalties

2018---Changes (SB 310)

• Agritourism Activities (among others)

AUTHORITY STANDARDS

• K.S.A 44-1601 thru 44-1619 (including SB 310)

• Incorporated all ASTM F24 Committee Standards

• K.S.A. 40-4801-4802 Insurance requirements

• K.A.R 49-55-1 thru 49-55-12

• Written regulations by KDOL

BASIS OF THE AMUSEMENT RIDE ACT

• No amusement ride shall be operated in this state

unless a valid permit for such ride has been issued by

the department. The owner of an amusement ride shall

make application for a permit for such amusement ride

to the secretary on such form and in such manner as

prescribed by the secretary.

WHAT IS AN AMUSEMENT RIDE??

• Any mechanical or electrical device that carries or

conveys passengers along, around or over a fixed or

restricted route or course or within a defined area for

the purpose of giving its passengers amusement,

pleasure, thrills or excitement, including, but not limited

to:

Amusement Rides Are:

A. Ferris wheels, carousels, parachute towers, bungee jumping,

reverse bungee jumping, tunnels of love, roller coasters, boat

rides, water slides, inflatable devices, commercial ziplines,

trampoline courts and go-karts;

And, Amusement Rides Are…

B. Equipment generally associated with winter

activities, such as ski lifts, ski tows, j-bars, t-bars,

chair lifts and aerial tramways.

• Currently no permitted winter activity rides within the

State of Kansas.

Lastly, Amusement Rides are:

C. Equipment not originally designed to be used as an amusement

ride, such as cranes or other lifting devices, when used as part of an

amusement ride.

Amusement Rides do NOT Include:

• Games, concessions and associated structures.

• Any single passenger coin-operated ride that:

• Manually, mechanically, or electrically operated

• Placed in a public location, and

• Does not normally require the supervision or

services of an operator.

Amusement Rides do NOT include:

• Nonmechanized play ground equipment, including, but not

limited to; swings, seesaws, stationary spring-mounted animal

features, rider-propelled merry go-rounds, climbers, slides, and

physical fitness devices.

• Any ride commonly known as a hayrack ride…

• Any ride commonly know as a barrel train…

• Home owned ride- any ride owned and operated by an

individual and operated within a single county for strictly

private use.

‘‘Amusement ride’’ does not include:

• any ride commonly known as a hayrack ride in

which patrons sit in a wagon or cart that is then

pulled by horses or a tractor or other motor

vehicle;

• any ride commonly known as a barrel train, which

has a series of handmade cars fashioned from

barrels that are connected and pulled by a tractor

or other motor vehicle

WATERSLIDES

• ‘‘Water slide’’ means a slide that is at least 35 feet in height and that

uses water to propel the patron through the ride.

• No slide that uses water to propel the patron through the ride and that

is at least 15 feet in height shall be operated in this state unless there is

an attendant stationed at such slide to ensure patrons are properly

adhering to the safety standards in place.

Inflatable Devices

INFLATABLE INDUSTRY

• Difficult to regulate → Hard to Find

• Some entities- pay thousands annually to be permitted

• Others Evasive

OK……

• I own/operate an amusement ride, what do I do?

No amusement ride shall be operated in this state unless a valid

permit for such ride has been issued by the department. The

owner of an amusement ride shall make application for a permit

for such amusement ride to the secretary on such form and in

such manner as prescribed by the secretary.

Registration

• Step 1: Owner Registration

(1) For Profit---Permanent location---- $500;

(2) For Profit---Temporary location--- $250

(3) Government/Municipality or Nonprofit Entity

Permanent or temporary location--- $50

(4) Antique Amusement Ride---$50

(5) Limited Use Amusement Ride---$50

(6) Registered Agritourism Activity Ride---$50

*** Annual Fee

2018--SEPARATE CATEGORIES

CREATED FOR:

• Registered Agritourism Activity: an amusement ride, as defined, that is a registered

agritourism activity, as defined in K.S.A. 2017 Supp. 32-1432, and amendments

thereto.

• Antique Amusement Ride: an amusement ride manufactured prior to January 1, 1930

• Limited Use Amusement Ride: an amusement ride owned and operated by a nonprofit,

community-based organization that is operated for less than 20 days, or 160 hours, in a

year and is operated at only one location each year

Registration, cont.

• Step 2: Ride Registration

(1) For Profit---Permanent location

$75 for a class A amusement ride

$100 for a class B amusement ride;

(2) For Profit---Temporary location--- $30

(3) Government/Municipality or Nonprofit Entity

$10 per ride

(4) Antique/Limited Use/Registered Agritourism Activity

$50 per ride

***Annual Fee Per Ride

Registration, cont.

Step 3: Documentation

(1) Insurance

(2) Itinerary

(3) Inspection

(4) Qualified Inspector Status Report

(5) ASTM/Service Proven Certificate

INSURANCE REQUIREMENTS

AMUSEMENT RIDE

• INSURANCE REQUIREMENTS

• $1 MILLION PER OCCURRENCE

• $2 MILLION ANNUAL AGGREGATE

ANTIQUE/AGRITOURISM/

LIMITED-USE RIDE

• INSURANCE REQUIREMENTS

• $750,000 PER OCCURRENCE

• $1 MILLION ANNUAL AGGREGATE

INFLATABLES

• Added additional definition section to Qualified Inspector (specifically for inflatables):

• for purposes of inspecting inflatable devices that are rented on a regular basis and

erected at temporary locations, provides satisfactory evidence of completing a

minimum of five years of experience working with inflatable devices and has

received qualified training from a third party, such as attainment of an advanced

inflatable safety operations certification from the safe inflatable operators training

organization (www.sioto.org) or other nationally recognized organization.

WOO HOO! I HAVE PERMITS!

☺

NOW WHAT?

Requirement to Audit

• K.S.A. 44-1602(d) The secretary shall conduct

random compliance audits of amusement rides

erected both at permanent locations and at

temporary locations….

Focus of an On-Site Audit

1. Valid inspection decal from KDOL, placed on each ride

2. Certification of a qualified inspector’s qualifications to inspect

3. Certificate of inspection for each ride by a qualified inspector

4. Daily maintenance and inspection records for each ride***

5. Manufacturers operational manual for each ride on-site***

6. Manufacturers Nondestructive Testing (NDT) recommendations for each ride on-site

7. Results of NDT testing for required rides on-site

8. Manufacturers inspection guidelines for each ride on-site***

9. Operator training records for each operator on-site***

10. Written certification that the ride meets ASTM F24 committee standards

11. Insurance policy in effect with coverage meeting K.S.A 40-4802

12. Injury signage posted at ticket sale and 2 other locations

13. Safety instructions placed for each ride in plain view, and legible***

14. Paperwork showing compliance with ASTM Standards***

http://ww3.grandrental.com/Portals/

109/PDF/Bouncer%20Manual.pdf

ASTM WHAT??

• 44-1604. Compliance with ASTM standards; testing of amusement rides. (a)

Amusement rides shall be constructed, maintained, operated and repaired in

accordance with ASTM standards adopted by the ASTM international F24 committee, as

published in ASTM international standards volume 15.07.

• (b) No amusement ride shall be operated in this state unless nondestructive testing of

the ride has been conducted in accordance with the recommendations of the

manufacturer of the ride or in conformance with standards at least equivalent to those of

the ASTM standards adopted by the ASTM international F24 committee, as published in

ASTM international standards volume 15.07, whichever is applicable.

Injuries- What do I do?

• 44-1618(b) The owner of an amusement ride shall notify the department

of any serious injury reported by a patron, or any injury caused by a

malfunction or failure of an amusement ride or caused by an operator or

patron error.

• Must report injuries within 72 hours (injury report is online).

• KDOL has 24 hours to commence an investigation.

• Fatalities must be reported immediately by telephone and in writing within

24 hours.

What is a serious injury?

• ‘‘Serious injury’’ means an injury that results in:

❑ Death, dismemberment, significant disfigurement or

permanent loss of the use of a body organ, member,

function or system;

❑ a compound fracture; or

❑ other injury or illness that requires immediate medicaltreatment admission and overnight hospitalization, andobservation by a licensed physician.

Administrative Penalties

• The secretary may impose a fine of not more than $1,000 for any

violation of the provisions of this act, or any rules or regulations adopted

pursuant thereto….

• This will consist of:

• Notice of Violation Warning for the first offense.

• Notice of Violation Citation for continuing to operate without a permit.

Criminal Violations

• K.S.A. 44 -1610: a) A class B misdemeanor for an owner or operator of an

amusement ride knowingly to operate, or cause or permit to be

operated, any amusement ride in violation of this act.

b) A class C misdemeanor knowingly to violate the provisions of

K.S.A 44-1608 and amendments thereto. (Contractors)

c) Each day a violation continues shall constitute a separate

offense.

Cost Summary

FOR PROFIT

• Insurance requirements

• $1 Million per occurrence

• $2 Million annual aggregate

• Registration Fees:

• $500 owner fee (permanent

location)

• $250 owner fee (temporary

locations)

• $75-100 per ride fee

AGRITOURISM/ANTIQUE/LIMITED USE

• Insurance requirements

• $750,000 per occurrence

• $1 Million annual

aggregate

• Registration Fees:

• $50 owner fee

• $50 per ride

NON-PROFIT/GOVT.

• Insurance requirements

• $1 Million per occurrence

• $2 Million annual aggregate

• Registration Fees:

• $50 owner fee

• $10 per ride

CONTACT INFORMATION

• MARLEA JAMES

• AMUSEMENT RIDE COORDINATOR

• MARLEA.JAMES@KS.GOV

• 785-571-8620