DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR'S OFFICE
CARNIVAL AND AMUSEMENT SAFETY
GENERAL RULES
Filed with the secretary of state on
These rules take
effect become
effective immediately
upon after filing with the
secretary of state unless adopted under section 33, 44, or 45a(9) of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or
24.245a. Rules adopted under these sections become effective 7 days after
filing with the secretary of state.
(By authority conferred on the director of the department of licensing and regulatory affairs by section 6 of the carnival-amusement safety act of 1966, 1966 PA 225, MCL 408.656, and Executive Reorganization Orders Nos. 1991-9, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 338.3501, 445.2001, 445.2011, 445.2025, and 445.2030)
R 408.802, R 408.803, R 408.814, R 408.829, R 408.831, R 408.832, R 408.839, R 408.839a, R 408.844, R 408.848, R 408.872, R 408.874, and R 408.897 of the Michigan Administrative Codes are amended, R 408.815 and R 408.816 are added, and R 408.833, R 408.838, and R 408.843 are rescinded, as follows:
PART 1. GENERAL
PROVISIONSR
R 408.802 Safety requirements for carnival-amusement rides and devices.
Rule 2. (1) Electrical wiring, apparatus,
and equipment shall must be manufactured, installed, and maintained
as prescribed in the national electrical code (NFPA 70), 2005 2020 edition, published
by the National
Fire Protection Association national fire protection association. The
provisions of the national electrical code are adopted by reference as electrical
standards for the carnival and amusement rides and devices in this state.
(2) These adopted provisions may be
purchased for a cost of $72.50 $121.50 at the time of adoption of these rules
from the National Fire Protection Association (NFPA), Customer Service
Department, 11Tracy Drive, Avon MA 02322 1 Batterymarch Park, Quincy, MA
Massachusetts 02169-7471., Telephone telephone: 800/- -344-3555, or 617/- -770-3000, website
address: www.nfpa.org. A copy of this code
and the general rules of the board are available for public
inspection, and
purchase
at the Department of Labor and Economic Growth Licensing and Regulatory
Affairs,
Bureau of Construction
Codes Commercial
Services, 2501 Woodlake Circle, Okemos, Michigan, 48864, Phone 611 W. Ottawa
Street, Lansing, Michigan: 48909, 517/ - 241-9233 9313, for a cost
of $121.50 at the time of adoption.
(3) The
department adopts by reference the ASTM Standards on Amusement Rides and
Devices, sponsored established by ASTM F-24 Committee, ASTM Volume
15.07, November 2022 7th Edition, 2004, as it relates to a carnival or
amusement ride as defined by the section 2(a) of the act , MCL 408.652 Carnival-Amusement
Safety Act
, 255
PA 1966. The adopted standards
may be purchased for a cost of $87.00 $338.00 at the time of
adoption of these rules from The American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive,
P.O. Box C 700, West Conshohocken PA Pennsylvania 19428- 2959, Customer
Service, Telephone customer service telephone: 610-832-9500,
website address: www.astm.org https://www.astm.org/astm-bos-15.07.html. A copy of this
code is available for public inspection, and purchase at the Department
of Licensing
and Regulatory Affairs the Department of Labor and Economic Growth,
Bureau of Commercial Services Construction Codes, 2501 Woodlake
Circle, Okemos, Michigan, 48864611 W. Ottawa Street, Lansing, Michigan
48909,
: 517/ - 241-9233 9313, for a cost
of $338.00 at the time of adoption.
(4) The department
adopts by reference the standards contained in the American National Standards Institute
Safety (ANSI) requirements for aerial passenger tramways, ANSI B77.1 2017, for
aerial passenger tramway amusement rides in this state. This adopted standard
may be purchased at a cost of $200.00, as of the time of adoption of these rules,
from the American National Standards Institute (ANSI), 25 West 43rd Street, New
York, New York 10036, telephone: 212/- -642-4900, fax: 212/
-398-0023, website
address: https://webstore.ansi.org/Standards/ANSI/ANSIB772017. A copy of this code
is available for inspection and purchase at the Department of Licensing and
Regulatory Affairs, Bureau of Construction Codes, 611 W. Ottawa Street,
Lansing, Michigan 48909, for a cost of $200.00 at the time of adoption of these
rules.
R 408.803 Definitions.
Rule 3. (1) As used in these rules:
(a) “Act” means the carnival-amusement safety act of 1966, 1966 PA 225, MCL 408.651 to 408.670.
(b)"Aerial passenger tramway" means any of the following devices used to transport passengers:
(i) "Single and double reversible
aerial tramways" which means devices in which that carry passengers are
carried in 1 or more enclosed cars that reciprocate between terminals.
(ii) "Chair lift, gondola lift, and
monorail" means a device in which that carries passengers are
carried on chairs, cars, or in gondola cabs attached to and suspended from
a moving wire rope or attached to a moving wire rope or chain and supported on
a standing wire rope, rail, or other structure.
(c) “Amusement ride or amusement device” means a device or combination of devices or elements that carries, conveys, or directs an individual or individuals over or through a fixed or restricted course or within a defined area, for the primary purpose of amusement or entertainment. This term does not include any of the following:
(i) Aerial adventure courses.
(ii) Aquatic play equipment.
(iii) Buildings or concourses used in laser games or paint ball.
(iv) Bungee jumping.
(v) Devices operated on a river, lake, or any other natural body of water.
(vi) Funhouses, haunted houses, and similar walk-through devices that are erected temporarily on a seasonal basis and do not have mechanical components designed to convey patrons.
(vii) Hayrides.
(viii) High speed go-karts capable of attaining speeds of 25 miles per hour or more.
(ix) Human-powered devices.
(x) Ice skating rinks.
(xi) Inflatable amusement devices.
(xii) Luge and bobsled tracks.
(xiii) Mechanical bulls.
(xiv) Parasailing.
(xv) Playground equipment, including, but not limited to, soft-contained play equipment, swings, seesaws, slides, stationary spring-mounted animal features, jungle gyms, rider-propelled merry-go-rounds, and trampolines.
(xvii) Roller skating rinks.
(xviii) Simulators that can be safely exited mid-ride.
(xix) Skateboard ramps or courses.
(xx) Skydiving simulators.
(xxi) Stationary wave systems.
(xxii) Trains or similar transit devices that can be or previously have been approved for use on the public transit system.
(xxiii) Trampoline courts.
(xxiv) Tubing and sledding hills.
(xxvi) This state reserves the right to include or exclude further devices as presented.
(bd) "Amusement
park" means a tract or area used principally as a permanent location for
carnival-amusement rides.
(e) “Engineer’s attestation” means a letter signed by a licensed engineer that states the device complies with the applicable act and rules as well as the standards and codes that are adopted by reference in R 408.802.
(f) “Gravity ride” means a ride installed on a manmade inclined surface that entirely depends on gravity for its operation to convey a passenger from the top of the incline to the bottom in a singular lane and conveys the passenger in or on a carrier, tube, bag, bathing suit, or clothes.
(cg) "Major
breakdown" means a stoppage of operation from whatever any cause resulting
in damage, failure, or breakage of a structural or stress-bearing part of a ride.
(2) A term defined in the act has the same meaning when used in these rules.
R 408.814 Definitions; W.waterslide.
Rule 14. (1) "Water slide
Waterslide" means an inclined, nonmechanical amusement ride which
that
has
all of the following characteristics:
(a) Consists of 1 or more courses of varying slopes and directions.
(b) Relies on gravity and not a mechanical system to propel its passengers.
(c) Uses water to lubricate the course
and to regulate passenger velocity. "Water slide " does not
include slides which are not separate amusement rides but which are customarily
recreational equipment as evidenced by a vertical drop of 10 feet or less and a
total linear slide length of 50 feet or less.
(d) Includes a landing area or runout designed to bring riders to a complete stop and allow them to exit the ride in a safe manner.
(2) “Waterslide” does not include slides that are not separate amusement rides but are customarily recreational equipment as evidenced by a vertical drop of 15 feet or less and a total linear slide length of 50 feet or less.
Rule 15. (1) Routing sheets that are in a paper or digital format are required to be submitted to the department by mobile operators at the time of application for a permit or annual renewal of the permit. Routing sheets must include all of the following information:
(a) Specific address where the rides will be set up.
(b) Setup dates of the rides.
(c) Operation dates of the rides.
(d) Number of amusement devices on site, if available.
(e) Specific amusement devices on site, if available.
(2) Additional locations must be updated with the department as soon as information is available.
R 408.816 Operational training and emergency response training forms.
Rule 16. Forms to track training for
staff operating devices must comply with all of the following:
(a) Be made available to the department on request.
(b) Be maintained in a digital format that contains all of the information that is included in the paper forms and made available to the department digitally upon request.
(c) Contain all of the following:
(i) The name of company.
(ii) The name of the device.
(iii) The state issued device number.
(iv) The staff member or members that have been trained.
(v) The date when the training was conducted.
(vi) The name of the trainer.
(vii) The training curriculum.
(viii) The signature of the trainer and of the staff that were trained.
PART 2. DESIGN, CONSTRUCTION, AND OPERATION
R 408.829 Seating and carrying devices.
Rule 29. (1) Tubs, cars, chairs, seats, gondolas,
and other carriers used on rides a ride shall must be designed and
constructed as strong as practical. Their A ride’s interior and exterior
parts that with which
passengers might come in contact shall with must be smooth; rounded; free from sharp, rough,
or splintered edges or corners; and have no protruding screws or projections which
that
might
cause injury. Parts upon or against which that passengers might be
thrown on
or against
by action of the ride shall must be adequately padded to prevent or
minimize the possibility of injury. The upholstery shall must be kept in repair,
and no loose or flapping portions of upholstery or decoration shall be permitted
are
allowed.
(2) Propellers or other moving parts or
decorations attached to tubs, cars, chairs, seats, gondolas, and other carriers
shall must be securely fastened
to such this equipment and shall
must be keyed or otherwise
secured so that they cannot come off during operation of the ride. Vanes, canopies,
or other attachments which that might become disengaged shall
must be secured with
safety straps to prevent their them from flying away in case
of breakage or dislocation.
(a) For devices with 10 or fewer carriers, the ride, as a whole, must be deemed noncompliant and not operate if 50% or more of the carriers are found deficient.
(b) For devices with more than 10 carriers, the device, as a whole, must be deemed noncompliant and not operate if 25% or more of the carriers are found deficient.
(4) Subrule (3) of this rule does not apply to go-karts, bumper cars, bumper boats, or individual devices that can be removed or replaced as needed, including, but not limited to, train cars, log rides, or boat rides.
R 408.831 Safety retainers.
Rule 31. Tubs, cars, chairs, seats, gondolas,
and other carriers used on a ride that depends upon on a single means of
attachment or support shall must be equipped with a safety retainer
to prevent the carrier, if it becomes disengaged from its support or
attachment, from being catapulted from the ride and to prevent any action of the
carrier which that might throw the
occupants from the carrier while the ride is in motion. This rule only
applies to rides or situations determined to be hazardous after inspection by an
authorized representative of the department and review of the conditions.
R 408.832 Permit-inspection decal.
Rule 32. (1) After a ride has been inspected
and authorized for operation, the department shall issue a permit-inspection decal
which shall that
must
be affixed to a basic part of the ride structure in such a manner as to be readily
accessible to the authorized inspector. The decal shall must set forth the identification
number issued by the department for the individual ride and other information deemed
necessary by the department.
(2) If the ride is transferred to another
owner/operator, sold, rebuilt, or undergoes major alterations, it shall
must be reinspected. Upon
After completion of the
inspection, a new permit-inspection decal shall must be issued.
(3) If a ride is transferred to another owner/operator or is sold, the permit-inspection
decal shall be obliterated by the owner/operator before the transfer or sale.
(4) (3) If a decal is
mutilated so that it is no longer legible, the operator shall notify the
department and a new decal shall must be issued.
R 408.833 Aerial passenger tramways;
adoption by reference. Rescinded.
Rule 33. The standards contained in the
American national standards institute safety requirements for aerial passenger
tramways, ANSI B77.1-2006, are adopted by reference for aerial passenger tramway
amusement rides in this state. This incorporated standard may be purchased from
the American National Standards Institute , 25 West 43rd Street, New
York, NY 10036, Phone:212/642-4900, Fax: 212/398-0023, at a cost of
$125.00 as of the time of adoption of these rules. A copy of this code,
published by the American National Standards Institute, is available
for public inspection at www.ansi.org and the Department of Labor and
Economic Growth, Bureau of Commercial Services, Carnival-Amusement Safety
Board, 2501 Woodlake Circle, Okemos, Michigan, 48864, Phone: 517/241-9233.
R 408.838 Leveling and alignment. Rescinded.
Rule 38. Corner posts, central columns, or support structures of a
ride designed to operate on a perpendicular axis shall be plumb and
secured so that the path of the sweeps or platforms shall be level and
operate on a true horizontal plane at right angles to the axis of the
pivot. A ride with carriers designed to operate on a horizontal axis
shall be leveled so that the carriers orbit in a true perpendicular plane.The
base of a ride that has a combination of orbiting planes or a ride that has
carriers that operate normally in a plane other than true horizontal or vertical
shall be leveled and plumbed and secured so that they will not tip or shift
and will be stable under the most adverse operating conditions, except for a
ride designed to permit flotation characteristics or flexibility
or designed to operate properly whether the base is plumb or level or not.
R 408.839 Gravity rides.
Rule 39. A ride which is installed
on an inclined surface, which depends on gravity for its operation to convey a
passenger from the top of the incline to the bottom, and which conveys a passenger
in or on a carrier, tube, bag, bathing suit, or clothes shall, in addition to
other applicable rules, be in compliance with all of the following provisions:
In
addition to complying with other applicable rules, gravity rides must comply with
all of the following;
(a) The frequency of departure of
carriers from the loading area shall must be controlled by
a ride operator. The minimum distance or time between departures shall must be determined by
the director.manufacturer
or designer of the device.
(b) The ride shall must have an operator
located at the loading area and an attendant at the unloading area.
(c) If the entire ride is not visible to
the operator, then additional attendants persons
shall be located at other stations along the ride to assure ensure complete surveillance
of the entire ride. Two-way communication shall must be provided between
the operator and other attendants of the ride.
R 408.839a Water slides Waterslides.
Rule 39a. A water slide waterslide that conveys
passengers shall must, in addition to other applicable rules, be
in compliance comply
with
all of the following requirements:
(a) Each water slide waterslide shall must be designed and constructed
to have a minimum safety factor of 2.
(b) Each water slide waterslide shall must be designed and constructed
to retain the passengers within the water slide waterslide during the ride.
(c) At each loading area, a hard surface
which that is other than
not earth and which
is reasonably level shall must be provided. The surface shall
must
be
large enough to accommodate the intended quantity of passengers.
(d) If the elevation of a loading
surface of a water slide waterslide is more than 12
inches above the elevation of an adjacent area, then guardrails shall must be installed on the
exposed sides of the loading area.
(e) A water slide waterslide may terminate in
a swimming pool or in a body of water such as a lake, river, stream, or
artificial lake or reservoir. The design of the slide waterslide and its
termination point shall must meet the requirements of the act and
these rules.
(f) If the landing area or runout of a waterslide
is in a public swimming pool, the landing area or runout of the waterslide shall
must be specified by
the designer in accordance with R 408.821 of these rules. Swimming
in this area, other than to exit the flume, or landing, or runout area,
is prohibited.
(g) If the landing area or runout of a
waterslide is in an enclosed tank or in a pool used only to exit the waterslide
ride, the landing area or runout shall must be specified by
the designer in accordance with R 408.821 of these rules. This
landing area or runout is not a public swimming pool.
(h) The quality of the water in a swimming
pool termination point is governed by rules for public swimming pools
promulgated pursuant to the provisions of 1978 PA 368, MCL 333.12522,
and administered by the department of environmental quality. The quality of
water in a termination point other than a swimming pool is governed by rules
for bathing beach water quality promulgated pursuant to the provisions of
1978 PA 368, MCL 333.12544, and administered by the department of environmental
quality.
(ih) A Each waterslide shall
must have at least 1 attendant
located at the loading area at all times when the ride is being operated for
the use of the public. A waterslide attendant shall be trained, prepared, and capable
of controlling the frequency of departure of passengers from the loading area. The
design and operation of a loading area common to more than 1 course shall must permit allow an attendant to
remain knowledgeable of the disposition of each passenger. One attendant shall
be is
sufficient
to dispatch riders on more than 1 course from a common loading area, if a
mechanical system or operational controls are used to regulate rider dispatch
on each affected course.
(ji) There shall must be at least 1
attendant in the unloading area at all times when the ride is being operated
for the use of the public. An attendant in an unloading area shall must be trained in cardiopulmonary
resuscitation and shall must be trained, prepared, and capable
of assisting any passenger exiting the water slide waterslide. One attendant shall
be is
sufficient
to operate the termination point common to more than 1 water slide, if the owner-operator
owner/operator the water slide
shall provide provides sufficient attendants in the unloading
area to ensure that each attendant can scan the entire area for which that he or she is
responsible for every 10 seconds
and respond within the area within 20 seconds.
(k j) If the entire
water slide is not visible to the attendant at the loading area or if the attendant
is controlling entry to multiple courses, then some form of 2-way communication
shall must
be
provided between the attendants of the ride to ensure that passenger loading is
stopped if there are problems.
R 408.843 Personal injuries and
deaths. Rescinded.
Rule 43. (1) Provision shall be made to
render first aid when persons are injured on or around any ride.
(2) An owner/operator shall report, in
writing to the department, an accident resulting in injury to any
person within 24 hours after occurrence.
(3) In addition to the requirements
of subrule (2) of this rule, the owner/operator shall report to the
department by telephone any accident in which a fatality occurs or a
person suffers a fracture, concussion, laceration, or other
traumatic injury requiring immediate surgical or medical care resulting
from structural or mechanical failure of a ride, or in which it might appear
that the construction, design, or function of the ride is directly involved. If
an accident specified in this subrule occurs on a non-workday of the department,
the owner/operator shall report the incident to the department by 9:00 a.m.of
the next business day. The department, after consultation with the owner/operator,
may require that the scene of an accident be secured and not disturbed to any
greater extent than necessary for removal of the deceased or injured persons. If
a ride is removed from service due to an accident, the department shall order
an immediate investigation of the secured site and the ride shall be released
for repair and operation only after the investigation is completed.
R 408.844 Mechanical failure reports.
Rule 44. The owner/operator of a carnival-amusement
ride shall report a major breakdown to the department within 24 hours after the occurrence of the
incident by telephone or other media means of immediate communication.
The owner/operator shall confirm this report using the form provided by the
department. This report shall must be forwarded to the department within
7 days after the occurrence of the reportable incident. Upon After being advised of a
major breakdown, the department may order the ride to be withheld from
operation and the department shall conduct an immediate investigation.
The ride shall be released for repair and operation only after completion
of the department investigation. the department may require that the scene
of an accident or major breakdown, or both, be secured and not disturbed to any
greater extent than necessary for removal of the deceased or injured individuals.
The department may order an immediate inspection of the secured site and the ride
must be released for repair and operation only after the inspection is completed.
R 408.848 Control and operation.
Rule 48. (1) A ride shall be operated
by a person who is trained to operate the ride. The operator of a ride designed
for the exclusive use of children and the operator of other rides for which the
operator does not have mechanical or electrical controls shall be not less than
16 years of age. For all other rides, an operator shall be not less than 18 years
of age.
(2) An operator shall have knowledge
of the use and function of normal operating controls, signal systems, and
safety devices applicable to the ride and of the proper use, function, capacity,
and speed of the particular ride at all times that it is being operated. When
the ride is shut down, provision shall must be made to prevent
the ride from being operated by the public. A person An individual other than a
trained operator shall not be permitted to handle the controls of a ride during
normal operation, except where the ride is designed to be controlled by the
passenger.
PART 3. PROCEDURES
R 408.872 Emergency applications for permits to operate.
Rule 72. When an owner/operator has not previously
intended to operate a ride in this state and has not made application for a permit
to operate, the owner/operator, upon after confirming a Michigan
booking in
this state,
shall notify the department and apply for a permit to operate. The notice shall
must be given not less
than 30 days before the book date. When an emergency booking makes the 30-day
notice impossible, the owner/operator shall notify the department of the booking
by telephone or other means of immediate communication and shall confirm this
notice in writing. The director shall schedule and arrange for inspection of
the rides and the issuance of a permit to operate in conjunction with
the owner/operator to best serve the needs of both parties as will best serve
the needs of the owner/operator and the orderly administration of the act
and these rules. If
devices require inspection before operation, then the owner/operator shall make
every effort to arrive at a location within this state and set up the devices
to be inspected.
R 408.874 Daily inspection.
Rule 74. A ride shall must be inspected and
tested on each day it is intended to be used. This inspection shall must be made by a person
an
individual
commissioned to perform such inspections by the director. Rresults of these
dDaily inspection
and performance tests shall must be performed and recorded in the
a manner prescribed,
and on forms provided, by the department and shall
manufacturer
or ASTM F-24 if manufacturer standards are unavailable, and must be certified by the
person individual commissioned to perform
these inspections. Physical
or digital results of these daily inspection and performance tests must be maintained
and available to the department for review. These inspection reports shall
must be retained at
the operation site until the next inspection is conducted by the director. An owner/operator
shall not knowingly use, or permit to be used, a ride which that is not properly assembled
or which is defective or unsafe in any of its parts, controls, or safety
equipment.
PART 4. PARTICIPATORY RIDES - GO-KARTS
R 408.897 Remote idle system.
Rule 97. (1) Effective May 1, 2000, each
go-kart shall must be equipped with
a receiver for a remote idle system. A go-kart ride attendant shall control the
remote idle system.
(2) If the remote idle system becomes
inoperable and requires repair, then the track owner/operator shall
make a written request to operate the go-kart rides until the repair is completed. The duration
of the repair period shall not be more than 30 days.