[Ord. No. 1304 §111, 10-21-2009]
This Article establishes minimum standards for the design, construction,
alteration, maintenance, operation, plan review, inspections and the
issuance of amusement and transportation systems permits and certificates
of operation for amusement and transportation systems. It is intended
to protect the public's safety, health and general welfare by setting
certain standards for structural strength, stability and safety relative
to life and property hazards incident to the installation, construction,
maintenance, alteration, repair, removal and use of amusement or transportation
systems.
[Ord. No. 1304 §112, 10-21-2009]
A.
Unless
otherwise exempted, the provisions of this Chapter shall apply to
all amusement or transportation systems erected or installed for a
period of thirty (30) days or longer.
B.
This
Chapter may be referenced as the "Amusement and Transportation Systems
Code of Mission, Kansas."
C.
The provisions
of this Chapter shall not be held to deprive any Federal or State
agency or any applicable City Council having jurisdiction of any power
or authority which it had on the effective date of this code or of
any remedy for the enforcement of its orders, nor shall it deprive
any individual, entity or corporation of its legal rights as provided
by law. These provisions are not intended to regulate public transportation
means which are already regulated by Mission, Kansas Public Works
or the State of Kansas Transportation Authority.
D.
This
code shall be considered as a "technical code" whose administrative
provisions are generally contained in the Mission Code of Regulations
for Building and Construction, 2009 Edition.
E.
When
approved by the Building Code Official, ASTM standards may be used
for transportation systems in lieu of the ANSI, NFPA and ASCE standards
set forth in Sections 22.16.160, 170 and 180.
[Ord. No. 1304 §113, 10-21-2009]
For the purposes of this Article, the words and terms defined
in this Section have the meanings ascribed to them herein or the Mission
Code or other adopted technical codes. When terms are not defined,
they shall have their ordinarily accepted meanings within the context
in which they are used. Webster's "Third New International Dictionary
of the English Language, Unabridged", copyright 1986 shall be considered
as providing ordinarily accepted meanings.
That which conforms to accepted principles, tests or standards
of nationally recognized technical or scientific authorities.
A tract or area used principally as a permanent location
for amusement systems, amusement buildings or transportation systems.
Permits issued by the department authorizing construction
and installation of an ATS. At the Building Code Official's option,
it may include in its scope any subsidiary permits for supporting
or enclosing structures or building associated structures, utility
permits and other building service equipment.
Any ride, device, building or structure which is used primarily
for human entertainment and enjoyment which is either moving or stationary.
The final determinations to whether a ride, device or structure shall
be classified under this definition shall be made by the Building
Code Official. For the purposes of this Chapter, electronic gaming
devices, pinball games or electronic arcade games and non-motorized
playground equipment are not amusement systems.
An agency regularly engaged in providing verification reports,
manufacturing inspection and/or testing, raw material inspection,
certification and/or testing of completed products and/or components
at the point of fabrication/manufacture or inspection and/or testing
of assembled items and/or components at the project during construction
and/or installation.
An amusement or transportation system as defined herein.
The officer or other designated authority charged with the
administration and enforcement of this code or his duly authorized
representative.
A document issued by the department on an annual basis certifying
that an ATS has been inspected and found to be in compliance with
the manufacturer's requirements for operation and maintenance, the
approved operations and maintenance manual(s), approved plans and
any other requirements of this Chapter. A certificate is required
to authorize operation of an ATS.
The Mission Community Development Department.
An organizational designation that identifies the head of
the Department of Community Development or an authorized representative.
Any change in either the structural or operational characteristics
of the ATS which will alter its performance from that specified in
the manufacturer's design criteria.
Any change that does not alter the structural or operational
characteristics nor change its performance from that specified in
the manufacturer's design criteria.
One (1) or more manuals in English approved by the department
which specify what the owner/operator will follow to ensure proper
maintenance and safe operation in order to meet the standards of this
Chapter.
Includes the word "resolution."
The owner, operator and/or lessee or who has custody or control
of the ATS.
A person who participates in an ATS, whether paying or non-paying,
employee or non-employee.
A formal written document issued by the department indicating
non-compliance with the requirements of certification, installation,
inspection, operation or any other portions of this Chapter and further
indicating that the ATS may not be operated for other than inspection
or testing.
Maintained in accordance with the requirements of the approved
"operations and maintenance manual(s)."
A designated representative of the owner/operator of an ATS
who is a technically qualified person accountable to the owner for
the maintenance of an ATS.
Any moving apparatus which is primarily intended for transportation
but may include entertainment and enjoyment while moving along, around
or over a fixed or restricted course. This includes people movers
and monorails for private property, linking of properties or when
included in a franchise agreement. The final determination as to whether
an apparatus shall be classified under this definition shall be made
by the director. It shall not include automobiles, trucks, buses,
surface trains or other transportation means when existing regulation
by State or Federal authorities would be in conflict with this Article.
A rare, unusual or irregular stopping of an ATS operation,
intentional or otherwise, that is considered abnormal or potentially
hazardous in nature, or both, due to its cause, method or result.
Certification by an approved agency or the department that
all inspection and/or testing, required by the manufacturer and the
operation and maintenance manual(s) approved by the department, was
performed and found to be in compliance.
[Ord. No. 1304 §114, 10-21-2009]
The ATS regulated by this Chapter as a technical code shall
conform to the requirements of all other adopted technical codes of
the department as they may apply to an installation.
[Ord. No. 1304 §115, 10-21-2009]
A.
Owner/Operator's Responsibilities. The owner/operator responsibilities
shall include, but not be limited to: ensuring that each ATS is periodically
inspected, properly maintained and properly operated as specified
in the approved operations and maintenance manual(s); designating
a "qualified individual" for each ATS; and determining when use of
an ATS should be discontinued.
B.
Qualified Individual Responsibilities. The qualified individual
shall be the designated technical representative of the owner/operator
with respect to a specified ATS. This individual shall be responsible
for having full operational knowledge of the ATS and responsibility
for maintenance at all times that the ATS is in use. The qualified
individual may be an employee of the owner/operator, the owner/operator,
the manufacturer or a contracted maintenance company.
[Ord. No. 1304 §116, 10-21-2009]
A.
Prohibited Use Notice. Where the Building Code Official
determines an ATS is not in compliance with the requirements and provisions
of this Chapter, the applicable technical codes, the Mission Code,
the approved operations and maintenance manual(s) or an accident has
occurred which has resulted in a fatality, injury or ATS damage, the
Building Code Official may declare that the continued operation of
the ATS is prohibited. The prohibited use notice shall also state
the reason(s) for the finding. Upon receipt of a prohibited use notice,
the owner/operator and qualified individual shall immediately cease
operation of the ATS.
B.
Out-Of-Service Seal. Upon issuance of a prohibited use notice,
the Building Code Official shall cause to be affixed to the control
panel an out-of-service seal(s) stating that the ATS shall not be
used except for testing or inspection. In the event that the owner/operator
does not adequately secure the ATS, then the Building Code Official
may in his discretion cause one (1) or more out-of-service seal(s)
to be placed across the entrance(s) to such ATS. Such notice and seals
shall not be removed except by order of the Building Code Official
after the ATS has been repaired, re-inspected and certified as operational.
C.
Method Of Resolution. Once the owner/operator has effected
a repair of all deficiencies identified in the prohibited use notice,
the owner/operator shall notify the department and request an inspection.
The department shall inspect within a reasonable time. When the deficiencies
are found to be corrected and required tests are completed successfully,
then the out-of-service seal(s) shall be removed immediately.
[Ord. No. 1304 §117, 10-21-2009]
The owner/operator may appeal orders, decisions or determinations
made by the Director or Building Code Official relative to the application
and interpretations of this code to the Board of Code Review as provided
in the Mission Code of Regulations for Buildings and Construction,
2009 Edition. The pendency of the appeal shall not result in the removal
of the out-of-service seal(s). Failure of the owner/operator to file
an appeal within ten (10) days of the date of issue of a prohibited
use notice shall be a waiver of subsequent administrative redress.
Upon written appeal, the Board of Code Review shall schedule a hearing.
[Ord. No. 1304 §118, 10-21-2009]
A certain document, three (3) copies of which are on file in
the office of the City Clerk, said copies being marked and designated
as the American Society for Testing and Materials (ASTM) Standard
F698-94 "Physical Information to be Provided for Amusement Rides and
Devices" is hereby adopted by reference as a part of this Chapter.
[Ord. No. 1304 §119, 10-21-2009]
A.
A certain
document, three (3) copies of which are on file in the office of the
City Clerk, said copies being marked and designated as the American
Society for Testing and Materials (ASTM) Standard F770-93 "Operation
Procedures for Amusement Rides and Devices" is hereby adopted with
the following amendments: A new Section is added to read as follows:
1.
7.0
Required Documents.
2.
7.1
Copies of all items identified in this standard shall be presented
to the department for review and approval. All such documents shall
be a part of the ATS permit application package and are a required
part of the total plan submittal package. The plans for construction
may not be approved nor any permits issued until the information required
herein is submitted, reviewed and approved.
3.
7.2.1
Copies of the Mission approved operation and maintenance manual(s)
identified in the standard shall be maintained at all times with the
ATS or at a location near the ATS approved by the Building Code Official.
These documents shall be made available for review by the Building
Code Official, his authorized agent or other concerned City agencies
upon request during normal operating hours.
4.
7.2.2
A copy of the emergency procedure shall be filed with the department
to meet the intent of the standard included herein.
5.
7.2.3
The owner/operator shall retain quality assurance documentation, such
as material certification test reports, inspection records and reports
for the life of the ATS while under his/her control. Upon sale or
other transfer of the ATS, the owner/operator shall transfer these
quality assurance documents to the new owner/operator.
[Ord. No. 1304 §120, 10-21-2009]
A.
A certain
document, three (3) copies of which are on file in the office of the
City Clerk, said copies being marked and designated as the American
Society for Testing and Materials (ASTM) Standard F846-92, "Testing
Performance of Amusement Rides and Devices" is hereby adopted with
the following amendments:
1.
Section
7, Paragraph 7.1, is amended to read as follows: "The manufacturer
of the ATS shall develop specific operational tests along with minimum
intervals for these tests to be performed that will allow the owner/operator
of the ATS to determine whether a given ATS is operating within prescribed
operational limits. Testing as prescribed by the manufacturer shall
be performed by an approved third party testing agency for initial
installation and subsequent testing and observed by the Building Code
Official or his duly authorized representative. When required by the
approved operations and maintenance manual(s), the owner/operator
shall cause an approved third-party agency to perform or observe testing
and/or inspection."
2.
Amend
Paragraph 8.1.8 to read as follows: "8.1.8 Within a reasonable time
following a request by the Building Code Official, an owner/operator
or inspection agency, the manufacturer of an ATS whose approved operations
and maintenance manual(s) does not contain testing recommendations
shall either provide a component listing or statement that no NDT
is recommended on the ride or device as per the criteria outline of
8.1.2. When a manufacturer's list or statement is not available, it
may be compiled by a registered professional engineer or engineering
agency or by any individual qualified by training and experience to
compile such a list or statement based upon the ATS's specifications
and history and using accepted engineering practices."
[Ord. No. 1304 §121, 10-21-2009]
A.
A certain
document, three (3) copies of which are on file in the office of the
City Clerk, said copies being marked and designated as the American
Society for Testing and Materials (ASTM) Standard F853-93 "Maintenance
Procedures for Amusement Rides and Devices", is hereby adopted with
the following amendments:
1.
Section
4, Paragraph 4.1, Subparagraph 4.1.14 is amended to read as follows:
"Supplemental notification bulletins delivered by the manufacturer
of an ATS to the owner/operator that were not provided at the time
of sale and contain new information or newly recommended inspections
or testing, or both, shall be provided to the department immediately
with maintenance bulletins or similar documents originated by the
manufacturer of the ATS after its initial installation and shall be
consistent with the following criteria in order to carry the force
and effect of this practice:"
2.
Section
5, Paragraph 5.1 "Owner's/Operator's Responsibility" is amended by
adding Subsection 5.1.4 to read as follows: "5.1.4: A formal written
daily log form to be completed and signed by the person performing
the maintenance prior to each day's operation identifying each required
maintenance and inspection item and attesting that the required maintenance
procedures have been performed. A copy of daily and other log forms
required by the approved "operations and maintenance manual" shall
be maintained by the owner/operator as long as the ATS is under the
control of the owner/operator. All records shall be available for
inspection upon request by the department and any of its assigned
inspectors during working hours. All records and maintenance logs
since the date of the last annual department inspection shall be maintained
on-site."
3.
A new
Section 5, Paragraph 5.1, Subparagraph 5.1.5 is added to read as follows:
"5.1.5: Any additional recommendations of the owner/operator, manufacturer
or the department."
[Ord. No. 1304 §122, 10-21-2009]
A.
A certain
document, three (3) copies of which are on file in the office of the
City Clerk, said copies being marked and designated as the American
Society for Testing and Materials (ASTM) Standard F893-87 "Inspection
of Amusement Rides and Devices" is hereby adopted with the following
amendments:
1.
Section
5, Paragraph 5.1.1 is amended to read as follows: "The manufacturer
of an ATS shall have a written quality assurance program for use in
conjunction with the design, manufacture, construction, modification
or reconditioning of the amusement ride or device. A copy of the manufacturer's
written quality assurance program shall be submitted at the time of
amusement and transportation systems permit application for review
and approval. The Building Code Official may also require that the
quality assurance program be amended and brought into conformance
with the adopted and published technical guidelines or other requirements
of Mission, Kansas, prior to the approval of any ATS."
2.
Section
5, Paragraph 5.1.3.1 is amended to read as follows: "5.1.3.1 Any changes
in the procedures prescribed in 5.1.3 deemed essential by the manufacturer
due to information not available to the manufacturer at the time of
delivery shall be communicated in writing to the owner/operator and
to the department."
3.
Section
5, Paragraph 5.1.5 is amended to read as follows: "Upon notification
from an owner/operator of an incident involving a critical component,
the manufacturer of an ATS shall promptly evaluate this information
and disseminate the findings to the original owner/operator along
with any pertinent recommendations to all know owners/operators. The
owner/operator shall provide the findings to the department."
[Ord. No. 1304 §123, 10-21-2009]
A.
A certain
document, three (3) copies of which are on file in the office of the
City Clerk, said copies being marked and designated as the American
Society for Testing and Materials (ASTM) Standard F1159-94 "The Design
and Manufacture of Amusement Rides and Devices" is hereby adopted
with the following amendments:
1.
Section
1 "Scope" is amended by the addition of a new Section 1.3: "Section
1.3 This standard may involve hazardous materials, operations and
equipment. Where such substances or operations are involved, the requirements
of Section 307 and other appropriate Sections of the International
Building Code and the International Fire Code shall apply."
2.
Section
4 is amended by the addition of Paragraph 4.1.3 and Paragraph 4.1.4
to read as follows: "4.1.3 Engineering analysis of primary structural,
electrical and mechanical components" and "4.1.4 Fatigue Analysis
— ride and ride components shall be evaluated for fatigue."
3.
A new
Paragraph 4.4 is added to read as follows: "4.4 Engineering Review
— When the ATS is not designed by a Kansas-registered engineer,
a Kansas-registered engineer shall provide or ensure the necessary
expertise to review subsystem design (i.e., civil, controls, mechanical,
electrical, power, structural, etc.). The Kansas-registered engineer
shall ensure subsystem integration compatibility and the overall system
to verify that the design is in conformance with this Chapter and
other applicable standards. A report prepared by and stamped with
the seal of the Kansas-registered engineer describing the review process
shall be included with the submittal."
4.
Section
4 is amended by the addition of Paragraph 4.5 to read as follows:
"4.5 Other proof of adequacy of design such as testing, product listing
or any other appropriate documentation may be required or accepted
by the Building Code Official in lieu of engineering design or calculations."
5.
A new
Paragraph 6.2.1 is added to ASTM 1159-94 to read as follows: "6.2.1
A rider restraint system, individually adjustable to the girth of
the rider, may be required by the Building Code Official, based on
a review of the unique operating characteristics of each particular
ATS."
6.
A new
Paragraph 7.7 is added to ASTM F1159-94 to read as follows: "7.7 Passenger
Evacuation — The ATS shall provide an egress platform, stairway,
walkway, elevator, scissors lift, ladder or other acceptable means
to safely evacuate passengers from all positions during an unscheduled
cessation."
7.
A new
Section 16 is added to ASTM F1159-94 to read as follows:
"16 ATS Control System Review
16.1. The ATS control system shall be reviewed by an engineer
registered in the State of Kansas or an agency acceptable to the department.
16.2 The analysis and conclusions of the review shall be provided
to the department.
16.3 A testing program consisting of normal operation and worst
case scenarios shall be developed to verify the ATS control system
operates as designed. If the scenario has been designed by others,
the design professional shall review the testing program."
8.
A new
Section 17 is added to ASTM F1159-94 and shall read as follows: "17
Unlisted or Uncertified Components — All unlisted or uncertified
components shall be labeled using appropriate standards by a nationally
recognized agency."
[Ord. No. 1304 §124, 10-21-2009]
A certain document, three (3) copies of which are on file in
the office of the City Clerk, said copies being marked and designated
as the American Society for Testing and Materials (ASTM) Standard
F1193-88 "An Amusement Ride and Device Manufacturer Quality Assurance
Program" is hereby adopted. It is the intent of the Building Code
Official that ATS manufacturers shall maintain a quality assurance
program that is satisfactorily equivalent to the Mission, Kansas Codes'
Section entitled "Approved Fabricator/Manufacturer." Documentation
that the manufacturer meets this standard shall be furnished to the
department at the time of amusement or transportation system permit
application.
[Ord. No. 1304 §125, 10-21-2009]
A.
A certain
document, three (3) copies of which are on file in the office of the
City Clerk, said copies being marked and designated as the American
Society for Testing and Materials (ASTM) Standard F1305-94 "The Classification
of Amusement Ride and Device Related Injuries and Illnesses", is hereby
adopted with the following amendments:
1.
Section
1, Scope, is deleted in its entirety.
2.
Section
2.1.4 is modified to add the following sentence: "Simple Fractures
— A simple fracture of any bone shall be reported as a serious
injury."
3.
Section
4 is amended as follows: "4 Recording Requirements. 4.1 Any written
reports shall include all pertinent facts including:
|
1.
|
Date, time and location of incident;
| |
|
2.
|
Name, age and address of victim(s);
| |
|
3.
|
Type of injury;
| |
|
4.
|
Hospital or other medical facilities where treated;
| |
|
5.
|
A description of the accident;
| |
|
6.
|
Name and ATS operation certificate number of the ATS involved;
| |
|
7.
|
Name, address and telephone number of the owner/operator and
the qualified individual; and
| |
|
8.
|
Damage to equipment and the owner/operator's expected actions
to repair or take out of service.
| |
|
4.2 It shall be the responsibility of the owner/operator to
maintain all reports specified by this standard."
| ||
4.
A new
Section 7 shall be added and is to read as follows: "7 Mission, Kansas
Notification.
7.1 Reporting Fatalities. The owner/operator shall close down
the ATS and report any fatality occurring on an ATS within four (4)
hours of the incident by telephone to the Building Code Official or
his designee. The verbal report shall be followed by a written report
to the director within two (2) days.
7.2 Reporting Serious Injuries. When a serious injury occurs,
the owner/operator shall report the incident within four (4) hours
by telephone to the Building Code Official or his designee. The verbal
report shall be followed by a written report to the director within
five (5) days.
7.3 Reporting Structural Damage. The owner/operator shall file
a report to the Building Code Official or his designee within five
(5) days of any structural damage to an ATS. The owner/operator shall
report damage to major structural ATS components within four (4) hours
by telephone to the Building Code Official or his designee.
7.4 Action upon notification. Upon notification of a fatality,
serious injury or a structural damage report, the Building Code Official
or his designee shall determine whether the ATS shall be sealed out-of-service
by a prohibited use notice until an investigation of the site and
records can be performed. The owner/operator is responsible to fully
inspect the ATS, make any corrective repairs and test components and
operation as specified in this Chapter and the operation and maintenance
manual(s). The owner/operator has the burden to ensure that the ATS
meets all requirements for a return to service prior to requesting
department inspection. When an ATS is sealed out-of-service for these
reasons, the department shall perform an inspection within twenty-four
(24) hours."
[Ord. No. 1304 §126, 10-21-2009]
A certain document, three (3) copies of which are on file in
the office of the City Clerk, said copies being marked and designated
as the American National Standards Institute (ANSI) Standard B77-1-1990
"American National Standard for Passenger Tramways", is hereby adopted.
[Ord. No. 1304 §127, 10-21-2009]
A certain document, three (3) copies of which are on file in
the office of the City Clerk, said copies being marked and designated
as the National Fire Protection Association, Inc., NFPA 130 "Standard
for Fixed Guideway Transit Systems", 1995 Edition, is hereby adopted.
[Ord. No. 1304 §128, 10-21-2009]
A certain document, three (3) copies of which are on file in
the office of the City Clerk, said copies being marked and designated
as the American Society of Civil Engineers, ASCE 21-96 "Automated
People Mover Standards — Part I", is hereby adopted.
[Ord. No. 1304 §129, 10-21-2009]
When information on an ATS is insufficient to meet the standards
of this Chapter or the ATS was built to other standards, the owner/operator
or his designated representative shall provide such information as
the Building Code Official shall determine to be appropriate. Such
information shall conform to the intent of the code and shall include
engineering analysis and calculations, testing programs and inspections
of the ATS, as appropriate. When the owner/operator has one or more
published standards under which the ATS was designed and built, then
the owner/operator shall submit the standard(s) along with the design,
calculations, testing and inspection data for review under the provisions
of the Mission Code of Regulations for Buildings and Construction,
2009 Edition.
[Ord. No. 1304 §130, 10-21-2009]
A.
An owner/operator
of an ATS who allows such system to be operated:
