Section 334.01. Definitions.

  In this chapter:

(3)  "Amusement ride" means a device or animal that carries, transports or supports passengers in unusual, entertaining or thrilling modes of motion and any vehicle providing entertainment or transportation in conjunction with an amusement ride, including rider-powered and power-driven thrill rides, mild rides and ride-throughs, walk-throughs, air pillows, giant slides, and animal rides. Vehicles include parking lot trams, old fire engines, stage coaches and trains. "Amusement ride" does not include any of the following:

(a) Aircraft under the jurisdiction of the federal aviation administration.

(b) Railroad trains under the jurisdiction of the federal railroad administration.

(c) Boats used on navigable waters.

(d) Animal rides where the animal is under the control of the passenger.

(e) Hang gliders and parachutes.

(f) Climbing walls that do not involve a mechanical take-up or release system.

(4)  "Approved" means approved by the department.

(5)  "Authorized persons" are persons experienced and instructed in the work to be performed on an amusement ride and who have been given the responsibility to perform their duties by the owner or operator of an amusement ride.

(6)  "Coin-operated ride" means an amusement ride which is activated by the insertion of a coin or token or by a push-button switch and timer.

(7)  "Department" means the department of safety and professional services.

(8)  "Equivalent degree of safety" means an alternative to strict compliance with this chapter provided the alternative establishes an equivalency to the subject rule and the alternative has been approved by the department.

(9)  "Frequenter" means every person, other than an employee, who may go in or be in an amusement ride under circumstances which render such person other than a trespasser.

(10)  "Modified ride" means an amusement ride whose structure, drive system, method of erection, or other items affecting the safety of the amusement ride have been changed, except changes recommended by the ride manufacturer.

(11)  "Owner" means the person holding legal title to the amusement ride, or his or her designated representative, lessee or agent.

(13)  "Professional engineer" means an engineer registered in the state of Wisconsin.

(14)  "Properly maintained" means assembling, disassembling, transporting, operating, lubricating, greasing, oiling, testing and repairing amusement rides in accordance with recognized safe practice.

(15)  "Recognized safe practice" means that the materials and methods used to assemble, disassemble, operate, transport, maintain, repair and modify amusement rides are:

(a) In accordance with the written specifications and procedures of the manufacturer, the owner's liability insurance carrier, nationally recognized standards, or the written standards of the department; or,

(b) In the absence of written specifications, procedures or standards, in accordance with the best practices of the skills and trades involved.

History: Cr. Register, February, 1992, No. 434 , eff. 3-1-92; CR 02-127 : r. (1) and (2), am. (3), (5), (9), (11), (12), (14) and (15) (intro.) Register May 2003 No. 569 , eff. 6-1-03; CR 08-054 : r. and recr. (3), am. (9), r. (12) Register December 2008 No. 636 , eff. 1-1-09; correction in (5) made under s. 13.92 (4) (b) 6. , Stats., Register December 2011 No. 672 .