§ 139.1. Scope.

 (a)  This chapter prescribes policies and procedures relating to administration of safety standards for installation, assembly, repair, maintenance, use, operation, disassembly and inspection of amusement rides and amusement attractions erected permanently or temporarily at carnivals, fairs and amusement parks in this Commonwealth.

 (b)  This chapter applies to new and existing amusement rides and attractions subject to the act.

 (c)  This chapter does not apply to:

   (1)  An attraction principally devoted to the exhibition of products of agriculture, industry, education, science, religion or the arts.

   (2)  Single passenger, coin-operated, manually, mechanically, electrically operated rides except where admission is charged for the use of the equipment.

   (3)  Licensed watercraft regulated by the Fish Commission or the United States Coast Guard.

   (4)  Aircraft regulated by the Federal Aviation Administration.

   (5)  Devices, including trains, regulated by the United States Government.

   (6)  Ski lifts, elevators or rides registered and regulated by the Department of Labor and Industry.

   (7)  Amusement attractions, and amusement rides regulated by another Commonwealth agency and waterslides, to the extent that they are regulated by the Department of Environmental Resources for water quality, pool design, sanitary facilities, lifeguards and similar features.

   The provisions of this §  139.1 issued under: the Amusement Ride Inspection Act (4 P. S. § §  401—419); amended under: section 14 of the Amusement Ride Inspection Act (4 P. S. §  414).

 (a)  Owners and ride operators operating amusement rides or attractions in this Commonwealth shall comply with this chapter.

 (b)  An amusement ride or attraction which is not in compliance with this chapter may not be used or occupied except as provided in subsection (c).

 (a)  An owner intending to operate or use an amusement ride or an amusement attraction in this Commonwealth during a calendar year shall register with the Department prior to operation.

 (b)  An amusement ride or attraction which has undergone major modification shall be registered and inspected by a qualified inspector before its operation for use by the public.

 (c)  Registration includes the following:

   (1)  Owner’s name, address and telephone number.

   (2)  Type of activity, park, carnival or fair.

   (3)  List of each ride or attraction by ride name, manufacturer’s name and serial number.

   (4)  Name of owner’s insurance company.

 (a)  A person may not operate an amusement ride or attraction unless a policy of insurance is in effect insuring the owner or operator against liability for injury to persons arising out of the use of an amusement ride or attraction within the owner’s control. The insurance policy shall be procured from an insurer or surety authorized to do business in this Commonwealth or eligible to do business under section 7 of the act of January 24, 1966 (1965) (P. L. 1509, No. 531), referred to as the Surplus Lines Insurance Law and shall be in the following amounts:

   (1)  For an attraction or amusement ride qualified to meet a Class I designation according to a list maintained by the Department, including bumper cars, bumper boats, coin-operated kiddie rides, go-carts, live animal rides, manually powered rides, miniature trains, moon walks, slides and similar devices—minimum limits of $100,000 per occurrence and $300,000 in the aggregate.

   (2)  For an attraction or amusement ride qualified to meet a Class II designation according to a list maintained by the Department—minimum limits of $250,000 per occurrence and $500,000 in the aggregate.

 (b)  A valid certificate of insurance shall be furnished to the Department prior to the operation of a ride or attraction for use by the public. The owner or operator is responsible for assuring that the insuring company notifies the Department immediately upon cancellation or change of coverage and the certificate shall acknowledge the notification responsibility.

   The provisions of this §  139.5 issued under the Amusement Ride Inspection Act (4 P. S. § §  401—419); amended under: section 14 of the Amusement Ride Inspection Act (4 P. S. §  414).

   The provisions of this §  139.5 adopted April 11, 1986, effective April 12, 1986, 16 Pa.B. 1268; amended July 31, 1987, effective August 1, 1987, 17 Pa.B. 3202. Immediately preceding text appears at serial page (107825).

 The owner or operator of an amusement park, carnival, fair, or other itinerant amusement ride or attraction registered with the Department shall file an itinerary with the Department no less than 15 days prior to the operation of a ride or attraction for use by the public in this Commonwealth. The itinerary shall include the following:

   (1)  The name of the amusement ride or attraction owner.

   (2)  The park owner.

   (3)  The carnival, fair or activity sponsor.

   (4)  The address and telephone number of the activity site.

   (5)  The dates open to the public.

 (a)  The amusement ride or attraction owner shall engage a qualified inspector certified by the Department to perform the inspections required by the act and this chapter. Rides or attractions to be operated by the owner shall be available to the inspector and the owner will be held solely responsible for all expenses in connection with the inspection.

 (b)  The owner or lessee shall have inspection performed by a qualified inspector on the following:

   (1)  An amusement park ride or attraction on a 30 operating day basis during a season for operation for use by the public.

   (2)  A fair, carnival ride and attraction before its operation at a new location.

   (3)  A new or modified amusement ride and attraction before its operation for use by the public begins.

 (a)  The owner or lessee shall file a written affidavit with the Department, affirmed by a qualified inspector, that the amusement ride or attraction complies with the act and this chapter. The affidavit shall be filed for each amusement ride and attraction which is to be operated for use by the public.

 (b)  The affidavit shall be filed by mail within 48 hours of the inspection, and a copy shall be available upon request at the ride or attraction site when the ride is being operated for public use.

 (c)  The owner of the amusement ride or attraction shall post a notice advising the public of compliance with the act. The notice shall be posted at a place readily observed by the public and shall consist of a sign made of substantial and, if exposed to the elements, of weatherproof material with bright green background and white lettering. The size of the letters may not be less than 1/2 inch in height and 1/8 inch width stroke reading:

 (a)  It is the policy of the Department to accept voluntary registration of an individual or an agency registration of an individual if there is acceptable evidence that the individual has a thorough working knowledge of pertinent statutes relating to amusement rides and attractions and this chapter.

 (b)  The Department will hold examinations as qualified amusement ride/attraction inspectors, at times determined by the Department. Persons desiring to take the examination shall forward their applications to the Department, on forms provided by the Department, in a reasonable time prior to the day of examination and include a fee of $50 for a 3-year certification period.

 (c)  Only applicants who meet the Department’s requirements for education, training and are experienced in the erection and dismantling of amusement rides will be permitted to take the examination. The examination will consist of two parts, class I and class II, and those found competent through examination will be awarded a certificate and a credential card authorizing them to inspect amusement rides/attractions according to a listing maintained by the Department for each class. A certified inspector does not become an employe, agent or authorized representative of the Department, nor may he represent himself to be.

 (d)  Credential cards will be issued for a 3-year period. Credential cards will be renewed for 3 years following written application to do so, and upon Department confirmation that the applicant has been active in the inspection of amusement rides and has attended an industry sponsored school, such as the A.R.E.A. Safety and Maintenance Seminar or its equivalent, during the 3-year period. If an applicant for credential card renewal has not remained sufficiently active in the inspection of amusement rides, reexamination may be required.

 (e)  Credential cards will be issued in the name of the inspector identifying the scope of the inspector’s authority, such as being limited only to specific owners of equipment. Separate cards are required for each affiliatation or for independent status.

 (a)  For the purpose of advising the Secretary when determining factual interpretations amending or repealing this chapter and for evaluating petitions for exception or variance from this chapter, the Governor will appoint an Advisory Board on Amusement Ride/Attraction Safety consisting of nine members. Members will include the following:

   (1)  A representative of the amusement ride manufacturers.

   (2)  The President of the Pennsylvania State Showman’s Association.

   (3)  The Chairman of the Pennsylvania Amusement Park Association.

   (4)  The President of the Pennsylvania Amusement Park Association.

   (5)  The President of the Pennsylvania County Fairs Association.

   (6)  A mechanical engineer.

   (7)  Two public representatives.

   (8)  The Secretary, who will be designated by the Governor as the Chairman.

 (b)  The Board will be known as the Amusement Ride Safety Advisory Board.

 (a)  When an owner submits an accident report to the owner’s insurance company, a copy of those reports which involve physical injuries or death to an individual as a result of the operation of an amusement ride or attraction shall be sent to the Department by the owner at the same time. The notice shall indicate the description of the amusement ride or attraction by which the injury or death occurred and the nature of the injuries or cause of death.

 (b)  When a serious injury, death or fire occurs as a result of the operation of an amusement ride or attraction, the operators shall immediately close the attraction or ride and the owner shall so notify the Department within a reasonable period of time. The attraction or ride may not be reused until it has been inspected, repaired or declared safe by a qualified inspector. In the event of death, the ride or attraction may not be reopened until declared safe by the insurance company of the owner. This declaration shall be in writing to the Department. In the case of a verbal declaration from the insurance carrier, a written declaration shall be submitted to the Department.

 (c)  Documents concerning accident reports, the disclosure of which may lead to the disclosure of the institution, progress or result of investigation undertaken by an agency in the performance of its official duties, may not be deemed public record under the act of June 18, 1984 (P. L. 384, No. 81) (65 P. S. §  66.1), known as the Right-to-Know Act.

 (a)  Civil penalties. A person who willfully or repeatedly violates the act or this chapter is subject to a civil penalty not to exceed $2,000 for each violation.

 (b)  Criminal penalties. An owner or lessee of an amusement ride or attraction who willfully violates the act or this chapter where the violation causes death to a member of the public exposed to the violation, commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine not exceeding $2,500 or to a term of imprisonment not exceeding 1 year, or both. If the conviction is for a violation committed after a first conviction, the offender shall be sentenced to pay a fine not exceeding $5,000 or to a term of imprisonment not exceeding 1 year, or both.

 (c)  False representation. A person who knowingly makes a false statement, representation or certification in an application, record, report, plan or other document filed or required to be maintained under the act commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine not exceeding $2,500 or to a term of imprisonment not exceeding 6 months, or both.

Subchapter B. DESIGN AND CONSTRUCTION

Sec.

§ 139.41. General.

 (a)  Manufacturers and fabricators of amusement rides and attractions shall design and construct the amusement rides, devices, and structures to carry all loads safely and to withstand normal stresses to which they may be subjected. Structural materials and construction of rides and attractions shall conform to recognized engineering practies, procedures, standards and specifications. This information shall also be furnished by the owner or operator for existing rides and attractions if required by the Department. Stress analysis and other data pertinent to the design, structure, factors of safety or performance characteristics shall be in accordance with accepted engineering practices.

 (b)  Manufacturers and fabricators of amusement rides and attractions shall comply with ASTM Standards concerning amusement rides and devices as they pertain to manufacturer responsibilities for equipment design, testing, erection, operation maintenance and inspections. ASTM Standards, October 1984, and subsequent amendments are incorporated by reference.

 (a)  Permanent buildings, enclosed structures and rides intended to be used for or as an amusement ride or amusement attraction shall be constructed to conform to the requirements of fire and panic regulations at 34 Pa. Code Chapters 49—59 (relating to administration—buildings; general requirements—buildings; A-1 assembly; division A-2 assembly; division A-3 assembly; group B educational; division C-2 hotels, motels, apartment buildings, etc.; division C-3 small group habitation; division C-4 single exit apartments; division D-0 ordinary commercial, industrial, office) and shall have posted therein a certificate of occupancy issued by the Secretary of the Department of Labor and Industry.

 (b)  Temporary buildings intended to be used for or as an amusement ride or attraction that are relocated from time to time, with or without disassembly, shall conform to the following:

   (1)  Be noncombustible or 1 hour flame-retardant.

   (2)  Be provided a minimum of two exits reasonably remote from each other. Exits, including access to exits, shall be illuminated and marked and exit doors be equipped with panic hardware and open outward and lead directly to the outside. Required travel distance from one point may be no more than 75 feet.

   (3)  Be provided with an emergency lighting system which shall be activated by U. L. approved smoke detectors.

   (4)  Have access to the means of egress marked by readily visible signs in cases where it is not immediately visible to the passengers.

   (5)  Conform interior finishes to the fire prevention requirements of §  139.75(d) (relating to fire protection and prevention) which deal with fabric hazards constituting part of a passenger-carrying amusement ride.

 Tubs, cars, chairs, seats, gondolas and other carriers shall be designed for safe operation.

   (1)  Interior and exterior parts. The interior and exterior parts of passenger-carrying amusement rides with which a passenger may come in contact shall be smooth and rounded, free from sharp, rough or splintered edges and corners, with no protruding studs, bolts, screws or other projections which might cause injury.

   (2)  Padding. Interior parts upon which a passenger may be forcibly thrown by the action of the ride shall be adequately padded.

   (3)  Restraining devices. Rides equipped with a safety bar, cage or other mechanically operated restraining device shall be equipped with a retiring cam or other device so designed that the safety bar, cage or other mechanically operated device cannot be inadvertently released.

   (4)  Self-powered rides. Rides which are self-powered and which are operated by a passenger shall have the driving mechanism guarded and the guards secured in place to prevent passengers from gaining access to the mechanism.

   (5)  Safe entrance, exit and support. Belts, bars, footrests and other equipment as may be necessary for safe entrance and exit and for support while the ride is in operation shall be provided. The equipment and the fastenings shall be of sufficient strength to retain the passengers.

   (6)  Passenger restraints. Passenger restraining or containing devices used on tubs, cars, chairs, seats, gondolas and other carriers on a ride where the forces generated by the action of the ride require retention, restraining or actual physical support of the passenger shall be designed, constructed and installed where deemed necessary by the manufacturer to support the passenger safely. The fastening shall be of a type which cannot be inadvertently released.

   (7)  Anchorages. Anchorages for the required restraining devices shall have strength at least equal to the strength of the restraining device.

   (8)  Travel clearance. The path of travel of an amusement ride shall have a clearance to ensure that a passenger on the ride cannot be injured by contacting a structural member or other fixed object when the passenger is in the riding position in accordance with the manufacturer’s specifications.

   (9)  Emergency brakes and antiroll back devices. Emergency brakes and antiroll back devices shall be in accordance with manufacturer’s specifications.

     (i)   If cars or other components of an amusement ride are subject to collide upon failure to normal controls, emergency brakes sufficient to prevent collisions shall be provided.

     (ii)   On rides which make use of inclined tracks, automatic antiroll back devices shall be installed to prevent backward movement of the passenger-carrying units in case of failure of the propelling mechanism.

   (10)  Speed-limiting device. An amusement ride capable of exceeding its maximum safe operating speed shall be provided with a maximum speed-limiting device.

   (11)  Signal systems.

     (i)   Signal systems for the starting and stopping of amusement rides shall be provided where the operator of the ride does not have a clear view of the point at which passengeres are loaded and unloaded.

     (ii)   A code of signals adopted for the operation of an amusement ride shall be printed and kept posted at both the operator’s and signalman’s stations. A person who may use these signals shall be carefully instructed in their use.

     (iii)   Signals for the movement or operation of an amusement ride may not be given until passengers and other persons are in a position of safety.

   (12)  Protection against moving parts.

     (i)   An amusement ride may not be used or operated while a person is so located as to be endangered by it. Areas in which persons may be endangered shall be fenced, barricaded or otherwise guarded against public intrusion.

     (ii)   A ride containing or having a mounting that could entangle a passenger’s hair shall be guarded to minimize the risk of entanglement in accordance with manufacturer’s specifications.

     (iii)   Machinery used in or with an amusement ride shall be enclosed, barricaded or otherwise effectively guarded against accidental contact. Guards removed for maintenance purposes shall be replaced before normal operation is resumed.

   (13)  Amusement ride and attraction ancillary equipment.

     (i)   Air compressors and hydraulic equipment.

       (A)   Air compressors, air compressor tanks and appurtenances used in connection therewith shall be designed, constructed, equipped and maintained to insure safe operation.

       (B)   Air compressor tanks and other receivers used inconnection with air compressors shall comply with 34 Pa. Code Chapter 3a (relating to boilers and unfired pressure vessel regulations).

       (C)   Air compressor tanks and other air receivers used in connection with air compressors shall have the maximum allowable working pressure conspicuously marked thereon.

     (ii)   Oil and hydraulic systems.

       (A)   Oil and hydraulic systems and related equipment used in connection with amusement rides and attractions shall be free of leaks and maintained to insure safe operations. These systems shall have a dumping or by-pass valve that shall be drilled and sealed at 125% of working pressure by the manufacturer. Pressure gauges shall have the maximum safe working pressures conspicuously marked thereon. Systems shall have a manual lowering valve.

       (B)   Flexible hoses shall have a bursting strength sufficient to withstand eight times working pressure and be tested at a pressure not less than four times working pressure. They shall be compatible with the fluid used therein.

     (iii)   Internal combustion engine power sources.

       (A)   Internal combustion engine power sources shall be of adequate type design and capacity to handle the design load.

       (B)   Refueling of fuel tanks shall be performed only when the ride or attraction is closed down and unloaded and the engine is not running.

       (C)   When the engine is in an enclosed area, adequate ventilation shall be provided and the engine exhaust shall discharge to the outside.

   This section cited in 7 Pa. Code §  139.71 (relating to general requirement).

Subchapter C. OPERATION, MAINTENANCE AND RECORDS

Sec.

§ 139.71. General requirement.

 (a)  Owners and operators of amusement rides, devices and structures shall use ASTM Standards on Amusement Rides and Devices as they pertain to owner/operator responsibilities for equipment erection, testing, operation, maintenance and inspection. ASTM Standards, October 1984, and subsequent amendments, are incorporated by reference.

 The owner shall cause each amusement ride, device or attraction to be erected in accordance with the manufacturer’s recommendations as provided for in ASTM Standards.

   (1)  Lighting. Amusement rides, access thereto, and means of egress therefrom shall, while in operation or occupied, be provided with illumination by natural or artificial means sufficient to guard against injuries to the public.

   (2)  Proximity to high voltage lines. Amusement rides shall be located at least 10 feet from suspended high voltage lines.

   (3)  Ride entry and discharge. Safe and adequate means of normal entry and normal discharge from each ride shall be provided.

     (i)   At least two unrestricted means of egress remote from each other shall be provided from each floor, tier, room or balcony in structures which house amusement rides.

     (ii)   Access to the means of egress shall be marked by readily visible signs in all cases where it is not immediately visible to the passengers.

     (iii)   No means of egress shall be less than 22 inches in width.

     (iv)   The width of a stairway shall be taken as the length of the treads between stringers. The width of a doorway shall be taken as the width of the door.

     (v)   The maximum travel distance from the most remote point in a room or enclosed space to an exit may not be greater than the following:

       (A)   One hundred fifty feet in unsprinklered construction.

       (B)   Two hundred feet in sprinklered construction.

       (C)   Seventy-five feet in dead ends.

     (vi)   Means of access and egress shall have protection from adjacent hazards and protection from falling by use of rails, enclosures or similar means.

     (vii)   Means of access and egress shall be free from debris, obstructions, projections and slipping, tripping and other hazards.

     (viii)   The head clearance in passageways may not be less than 7 feet.

     (ix)   Means of access or egress shall have either stairways or ramps and connecting landings or platforms where the public enter or leave an amusement ride that is above or below grade.

     (x)   Stairways, passageways, ramps, landings or platforms may not be less than 22 inches in width for single lane passage or 44 inches for double lane passage. Landings or platforms may not be less than 3 feet long measured in the direction of travel.

     (xi)   Stair treads shall be at least 9 inches deep, exclusive of nosing, and the rise may not exceed 8 inches. Between two connecting levels the treads shall be uniform depth and the risers shall be of uniform height. The slope of ramps may not exceed one in ten except that when nonslip surfaces are provided.

     (xii)   Handrails shall be provided on both sides of all stairways of four or more risers connecting adjoining levels whose difference in elevation is 30 inches or more.

     (xiii)   Handrails shall be at least 30 inches and no more than 34 inches above the surface of step treads and 42 inches above the landings, platforms, runways and ramps which are 4 feet or more in height or are adjacent to dangerous equipment or areas over deep water.

     (xiv)   The distances between handrails may not be less than 18 inches for single lane passage and 36 inches for a double lane passage.

     (xv)   One intermediate rail spaced equal distance from handrail and base or equivalent construction to prevent a passenger from falling through the handrails shall be provided with all handrails.

 (a)  Amusement rides and attractions where restoration of electrical power could create a hazard shall be provided with a magnetic disconnect switch.

 (b)  An electrically operated amusement ride not designed to be controlled by the passenger shall be provided with an emergency stop switch placed within easy reach of the operator. A second back up—dead man, timer or safety switch, wired in series with the primary start/stop switch, shall be added to kiddie rides to provide added safety from unauthorized starting of the device. The safety switch shall be de-energized at the end of each ride cycle by the operator.

 (c)  Where electrical distribution and transmission lines have not been de-energized or where special insulating barriers to prevent physical contact with the lines have have not been erected, a person shall be designated to give timely warning for all maneuvers of equipment, ride structures and machinery operated proximate to the lines so that ample clearance is maintained.

 (d)  Electrical wiring and equipment located outdoors shall be of such quality and so constructed or protected that exposure to weather will not interfere with its normal operation.

 (e)  Electrical transformer stations shall be properly enclosed and proper warning signs shall be posted.

 (f)  Outlets of more than 120 volts shall be clearly marked to show their voltage.

 (g)  Services shall be installed in conformance with Article 230 of the National Electrical Code (NFPA70-1984) and as subsequently amended.

 (a)  Feeders shall be provided with overcurrent protection in accordance with the load imposed and conductor size as specified in Article 240 of the National Electrical Code (NFPA70-1984) and as subsequently amended.

 (b)  Branch circuits shall originate in an approved power outlet or panelboard. Conductors shall be permitted within multiconductors. Conductors shall be protected by overcurrent devices at their rated capacity.

 (c)  Receptacles shall be of the grounding type. Unless installed in a complete metallic raceway, branch circuits shall contain a separate equipment grounding conductor and all receptacles shall be electrically connected to the grounding conductor.

 (d)  Bare conductors or earth returns may not be used for the wiring of a temporary circuit.

 (e)  Suitable disconnecting switches or plug connectors shall be installed to permit the disconnection of ungrounded conductors of a temporary circuit.

 (f)  Lamps for general illumination exclusive of decorative or festoon lighting shall be protected from accidental contact or breakage. Protection shall be provided by elevation of at least 7 feet from a normal working surface or by a suitable fixture or lamp-holder with a guard.

 (g)  Temporary wiring over 600 volts shall be permitted during periods of construction, tests, experiment or emergency. A less permanent class of wiring and equipment shall be permitted than would be required for permanent installations.

 (h)  Suitable fencing, barriers or other effective means shall be provided to prevent access of other than authorized and qualified personnel to temporary wiring over 600 volts.

 (i)  Temporary wiring over 600 volts shall be removed immediately upon completion of construction or purpose for which the wiring was installed.

 (j)  Temporary electric wiring, if suspended, shall be supported so that its protective insulation will not be damaged.

 (k)  Overcurrent protection devices may not be installed in neutral or grounding conductors.

 (l)  Where electrical power is supplied for an amusement ride by a generating system, the generator and equipment shall be properly grounded.

 (m)  Receptables and attachment plugs shall be of the grounding type.

 (n)  Electrical installations and each electrically powered amusement ride shall be effective as to noncurrent carrying metal parts which may become energized and which are exposed to contact by personnel. The path to ground from circuits, equipment and conductor enclosures shall:

   (1)  Be permanent and continuous.

   (2)  Have ample carrying capacity to conduct currents liable to be imposed on it.

   (3)  Have impedance, as evidenced by testing, sufficiently low to limit the potential above ground and to facilitate the operation of the overcurrent devices in the circuit.

 (o)  Grounding which does not have a resistance to ground of 25 ohms or less as evidenced by testing shall be augmented by additional electrodes as needed spaced not less than 6 feet apart.

 (a)  Approved U. L. fire extinguishers shall be provided at gas driven rides and otherwise where necessary to secure reasonable and adequate protection from fire hazards.

 (b)  Flammable waste, such as oily rags or other flammable materials, shall be placed in covered metal containers which shall be kept in easily accessible locations. The containers may not be kept at or near exits.

 (c)  Gasoline and other flammable liquids and flammable gases when stored shall be kept in reasonably cool and ventilated places. The liquids shall be in approved containers. Smoking and the carrying of lighted cigars, cigarettes, or pipes is prohibited in an area where liquids or gases are stored or are transferred from one container to another.

 (d)  Fabrics constituting part of an amusement ride shall:

   (1)  Conform to the following requirements, based on tests conducted in accordance with the requirements of ASTM-E-84:

     (i)   Flame spread rating of 0 to 75.

     (ii)   Smoke development of 0 to 450.

   (2)  Conform to the requirement of vertical burn test as follows:

     (i)   The average burn length may not exceed 8 inches.

     (ii)   The average flame time after removal of the flame source may not exceed 15 seconds.

     (iii)   Drippings from the test specimen may not continue to flame for more than 15 seconds.

 (e)  All parts of amusement rides and attractions shall be maintained in a clean condition.

 (a)  The ride operator shall operate the ride, device or attraction as follows:

   (1)  The ride operator shall be at least 16 years of age as specified in the Child Labor Law (43 P. S. § §  41—71).

   (2)  On rides involving exposure to water to the extent that accidental drowning could occur, at least one person who is trained in life saving techniques shall be available on the premises at all times during operating hours.

   (3)  The operator shall operate one ride at a time.

   (4)  The operator may not opeate a ride while under the influence of alcohol or drugs.

   (5)  The operator shall be in the immediate vicinity of the operating controls during operation and no other person shall be permitted to handle the controls during normal operation. This paragraph does not apply to amusement rides designed to be operated or controlled safely by a passenger.

 (a)  Maintenance program. The owner of an amusement ride or attraction shall implement a program of maintenance, testing and inspection, based on manufacturer’s recommendations, providing for the duties and responsibilities necessary in the care of each amusement ride or attraction. The maintenance program shall include a check list to be made available to the person performing the regularly scheduled maintenance. The maintenance program shall include, but is not limited to, the ASTM Standards for the operation, maintenance, testing and inspections.

 (b)  Identification and rating plates. Manufacturers’ identification information affixed to the ride or attraction shall be maintained in a readily visible and legible condition at all times to the inspector.

 (c)  Wire rope.

   (1)  Wire rope shall be thoroughly examined. Wire rope found to be damaged shall be replaced with new rope of proper design and capacity as per manufacturer’s date tag. If failure of the rope would affect safety of the ride or attraction and its passengers any of the following conditions will be cause for rope replacement:

     (i)   In running ropes, six randomly distributed broken wires in a rope lay, or four broken wires in one strand of a rope lay. A rope lay is the length along the rope in which one strand makes a complete revolution around the rope.

     (ii)   In pendants or standing ropes—ropes bearing the entire load and subject to constant pressure and surge shocks—evidence of more than one broken wire in one rope lay.

     (iii)   Abrasion, scrubbing or peening causing loss of more than 1/3 of the original diameter of the outside individual wires.

     (iv)   Severe corrosion.

     (v)   Kinking, crushing, birdcaging or other damage resulting in distortion of the rope structure.

     (vi)   Heat damage.

     (vii)   Reduction from nominal diameter of more than 6.0%. Marked reduction in diameter indicates deterioration of the core resulting in lack of proper support for the load carrying strands. Excessive rope stretch or elongation may be an indication of internal deterioration.

     (viii)   Bird-caging or other distortion resulting in some members of the rope structure carrying more load than others.

     (ix)   Noticeable rusting or development of broken wires in the vicinity of attachments. If the condition is localized in an operating rope, the section in question can be eliminated by making a new attachment. This may be done rather than replacing the entire rope.

   (2)  Wire ropes used to support, suspend, bear, or control forces and weights involved in the movement and utilization of tubs, cars, chairs, sets, other carriers, the sweeps, or other supporting members of a ride or attraction may not be lengthened or repaired by splicing.

   (3)  Mechanical devices that brake, control, or come in contact with wire rope, such as rollers, drums and sheaves shall be examined to ensure cleanliness and safe condition. Mechanical devices with broken chips, undue roughness or uneven wear shall be replaced immediately.

 (d)  Wood components. Footings, splices, uprights, track timers, ledgers, sills, laps, bracing, flooring and all other wood components of rides, attractions and structures shall be inspected for deterioration, cracks or fractures. Emphasis shall be given to insuring tight nails, bolts, lag bolts and other fasteners. When wood piling requires replacement, ground level concrete piers shall be used. Wood members found to be defective shall be removed and replaced with material of equal or greater strength and capacity. Repairs and replacements to fixed roller coasters shall be made in accordance with the recommendations of the manufacturer.

 (e)  Articulations and bearings.

   (1)  The articulating pinions, frames, sweeps, eccentrics and other mechanical members shall be inspected for wear, out-of-round, cracks and other signs of deterioration, and shall be kept in good repair.

   (2)  Main center spindles shall be tested by nondestructive methods according to the manufacturer’s specifications. Test results shall list the date of the test, name of the ride owner and serial number or identification number of the device.

   (3)  Bearing surfaces, ball joints and other single or multiple direction mechanical surfaces shall be kept well lubricated, clean and inspected for out-of-round or out-of-spherical and shall be kept in good repair.

   (4)  Gear alignment and gear drives shall be kept in good repair.

   (5)  Motor wiring, general service circuitry, decorative wiring and festoon wiring shall be inspected for signs of deterioration such as cracking. Secure tape repairs may be used; however, use of tape repairs shall be kept to a minimum. Wire clips on articulating devices shall be kept in good repair, and particular attention shall be paid to wires at elbows and at the end of articulating devices during inspections.

   (6)  Retaining, restraining and containing devices shall be inspected to insure they can continuously fulfill their function. Worn and damaged areas shall be repaired immediately or shall be immediately replaced.

   (7)  The hydraulic system shall be checked for leaks, damaged pipes and worn or deteriorated hoses.

 (a)  Major modifications. An amusement ride which is subjected to major modifications shall be:

   (1)  Re-identified by a different name or identification number, or both.

   (2)  Subject to the act and this chapter as if it were a new ride not previously used.

 (b)  Repairs.

   (1)  Repairs and replacement of materials shall be performed according to the requirements for new construction and as specified by the manufacturer.

 (a)  The owner of an amusement ride or amusement attraction shall maintain the following records and make them available to the Department, the Department’s representative and the qualified inspector.

   (1)  Daily inspection records. Daily inspection records shall be prepared and maintained by the owner or operator who shall be experienced and knowledgeable in the proper assembly and operation of the ride or attraction. The inspection and tests shall include operation of control devices, speed-limiting devices, brakes and other safety equipment. The inspection shall be made each day the ride or attraction is put into normal operation.

   (2)  Tests. Tests recommended by the manufacturer shall be recorded and a copy made available to the Department, the Department’s representative and the qualified inspector. Evidence of satisfactory test results shall be recorded on a form or statement by one of the following:

     (i)   The manufacturer of the ride or attraction.

     (ii)   An insurance carrier lawfully doing business in this Commonwealth and carrying public liability insurance on the ride or attraction.

     (iii)   A registered licensed professional engineer.

 (b)  A complete maintenance and testing history file for each amusement ride and attraction shall be maintained at the ride or by the owner and be available to the Department or the qualified inspector.