Section 76.36. Water attraction, play features, and slide design.

 

(1)   General.

(a) Water attractions and play features shall be designed, assembled, constructed and maintained in accordance with recognized safe practices as defined in s. SPS 334.01 (15) , and so that maximum patron loads do not stress any part of the water attraction beyond recognized safe practices.

(b) Interior and exterior parts of all water attractions a patron may come into contact with shall be free of abrasives and splinters, sharp edges and corners, protruding studs, bolts, screws, and other hazardous projections.

(c) Padding or other means to minimize injury due to patron impact resulting from the action of the water attraction shall be provided in accordance with recognized safe practice, as defined in s. SPS 334.01 (15) .

(d) All hazardous parts, including but not limited to pinch points, and shear points of water attractions and play features, shall be enclosed, barricaded or otherwise arranged to effectively prevent injury in accordance with recognized safe practice, as defined in s. SPS 334.01 (15) .

(e) Guards removed for any purpose shall be replaced before normal operation of the water attraction is resumed.

(f) Wheels and levers used by patrons in the control of the action of the water attraction shall be designed and maintained to prevent pinches, strains, abrasions, and body actions that could result in injuries. Wheels and levers shall be padded. Wheels shall have a solid center in lieu of spokes.

(g) Water attractions shall be fenced, barricaded or otherwise arranged in accordance with recognized safe practice, as defined in s. SPS 334.01 (15) , so that the public is effectively prevented from entering hazardous areas.

(h) Fences shall be constructed to meet all of the following requirements:

1. Fences shall be at least 42 inches above the surface on which the spectators or patrons stand.

2. Fences shall be constructed to reject a 4 inch ball at all openings, including between the bottom of the fence and the surface upon which it rests.

3. Fences shall be designed, constructed and erected to inhibit overturning by spectators or patrons.

4. Where used, gates shall open away from the water attraction unless equipped with a positive latching device.

(i) Gates shall be designed such that, if opened during the water attraction's operation, the gate will not contact the water attraction or cause a hazard to patrons.

(j) Fences and gates shall be constructed to inhibit spectator contact with the water attraction and patron contact with fences or gates.

(k) Loading and unloading areas which are an integral part of the water attraction shall be separated from moving parts by barriers or guardrails.

(L) A flexible barrier, such as a rope or chain, may be used to prevent access to the passenger–carrying devices, provided the barrier is no longer than necessary and is controlled by an authorized attendant.

(m) Water attractions with moving sweeps shall be guarded by a standard guardrail or a center cover designed and maintained to safely support a minimum load of 200 pounds.

(n) Where a spectator area is provided, it shall be separated by a railing or other barrier from the water area.

(2)   Interactive play attractions. All interactive play attractions shall comply with all of the following requirements:

(a) If access to the interactive play attraction is not restricted by an enclosure, an attendant shall be present to provide periodic supervision.

(b) Water drains shall be in good working condition.

(c) Trees and vegetation may not be allowed in the interactive play attraction area.

(d) Water spray features shall be activated for 30 minutes before the daily opening of the interactive play attraction.

CR 06-086 : cr. Register August 2007 No. 620 , eff. 2-1-08; CR 09-115 : am. (2) (a) Register May 2010 No. 653 , eff. 6-1-10; corrections in (1) (a), (c), (d), (g) made under s. 13.92 (4) (b) 7. , Stats., Register January 2012 No. 673 ; renum. from DHS 172.36 Register June 2016 No. 726 .

Note

Horizontal members in a fence or gate may be used to improve construction or efficiency, but should be minimized to reduce the ease of climbing. Microsoft Windows NT 6.1.7601 Service Pack 1 A ring buoy and shepherd's crook are not required to be present for an interactive play attraction. Microsoft Windows NT 6.1.7601 Service Pack 1