Pennsylvania Administrative Code

§ 138l.33. Automatic inclusion of certain parcels bisected by the dividing line between local government units upon the purchase of an agricultural conservation easement by certain entities. (a) General. If a parcel of farmland is bisected by the dividing line between two local g…

§ 138l.34. Automatic inclusion of portions of certain parcels bisected by the dividing line between counties upon the purchase of an agricultural conservation easement by certain parties. (a) General. If a parcel of farmland is bisected by the dividing line between two counties, …

§ 138l.4. Benefits of having land within an ASA. The following are among the benefits and protections resulting from the inclusion of land within an ASA: (1) Under section 11 of the act (3 P. S. § 911), local government units must encourage the ASA by not enacting laws or ordinan…

§ 138l.41. Removing land that has been in an ASA for 7 years or more. (a) Removal permitted. If land has been in an ASA for 7 years or more, it may be removed from the ASA at the landowner’s discretion, if both of the following apply: (1) The landowner submits to the governing bo…

§ 138l.42. Removing land in the course of the 7-year review or an interim review. (a) Removal permitted. The landowner shall have the discretion to remove the land from the ASA in which it is located, if this removal is done in the course of the 7-year review process described in…

§ 138l.51. Seven-year review. (a) General. The governing body of the local government unit shall review an ASA 7 years from the date of its creation and every 7 years thereafter, in accordance with the procedure in this section. (b) Advisory bodies to be consulted. The governing …

§ 138l.52. Interim review. (a) Discretion. If 10% or more of the land within an ASA is diverted to residential or nonagricultural commercial development at any time prior to a 7-year review of the ASA, the governing body may review the ASA and consider modifying or terminating th…

§ 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 tempo…

§ 139.10. Advisory Board. (a) The Board is established under authority of the act, to exercise the powers and perform the duties ascribed to it in the act. The Board is appointed by the Governor, and consists of ten members, as follows: (1) A representative of the amusement ride …

§ 139.11. Accident reporting. (a) Report required. An owner or lessee shall file an accident report with the Department with respect to any accident which results in death or serious injury or illness as a result of the operation of an amusement ride or amusement attraction. The …

§ 139.12. Variances. (a) Application. An affected owner or lessee of amusement rides or attractions may apply in writing to the Department for an order for a variance from any rule, regulation or standard. (b) Exceptions. The Secretary may grant exceptions from the rules, regulat…

§ 139.13. Penalties. (a) Civil penalties. (1) A person who willfully or repeatedly violates the act or this chapter is subject to a civil penalty not to exceed $2,000 with respect to each violation. (2) If the Department elects to pursue a civil penalty, it will provide the perso…

§ 139.14. Contacting the Department. (a) Methods of contact. For purposes of the act and this chapter, the Department may be contacted as follows: (1) By mail to the following address: Pennsylvania Department of Agriculture ATTN: Bureau of Ride and Measurement Standards2301 North…

§ 139.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Amusement Ride Inspection Act (4 P. S. § § 401—419). Affiliated qualified inspector—A qualified inspector with a De…

§ 139.3. Compliance. (a) General requirement. Owners, lessees and operators of amusement rides or attractions in this Commonwealth shall comply with this chapter. (b) Use of nonconforming rides or attractions prohibited. An amusement ride or amusement attraction which is not in c…

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

§ 139.41. General. (a) Design and construction. 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. Struc…

§ 139.42. Structures. Permanent buildings, enclosed structures that are not manufactured as part of an amusement ride or amusement attraction but that are nevertheless used for or as an amusement ride or amusement attraction shall be constructed to conform to the Pennsylvania Con…

§ 139.43. Passenger-carrying rides. Amusement rides and amusement attractions shall be designed for safe operation and meet applicable ASTM International Standards, as described in § 139.41(c) (relating to general), and conform to the other requirements of this section to the ext…

§ 139.5. Insurance. (a) General requirement. A person may not operate an amusement ride or amusement attraction unless a policy of insurance is in effect insuring the owner, lessee or operator against liability for injury to persons arising out of the use of an amusement ride or …

§ 139.6. Itinerary. The owner or operator of an amusement park, carnival, fair, or other itinerant amusement ride or amusement attraction registered with the Department shall deliver an itinerary to the Department at least 15 days prior to the operation of a ride or attraction fo…

§ 139.7. Inspection. (a) General inspection requirement. An owner or lessee of an amusement ride or amusement attraction shall have the ride inspected in accordance with section 7 of the act (4 P. S. § 407) and this chapter. (b) Occasions when inspection is required. An amusement…

§ 139.71. General requirement. (a) Owners and operators of amusement rides, devices and structures shall conform to the ASTM International F-24 Committee Standards in effect as of the date the amusement ride or amusement attraction is registered with the Department, as they perta…

§ 139.72. Erection/disassembly of amusement rides and attractions. The owner or lessee shall cause each amusement ride, device or attraction to be erected in accordance with the manufacturer’s recommendations as provided for in ASTM International F-24 Committee Standards, and con…

§ 139.73. Electrical system and equipment. (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 passeng…

§ 139.74. Temporary wiring. (a) Feeders must be provided with overcurrent protection in accordance with the load imposed and conductor size as specified in Article 240 of the National Electrical Code. (b) Branch circuits must originate in an approved power outlet or panelboard. C…

§ 139.75. Fire protection and prevention. (a) Approved U. L. fire extinguishers shall be provided at gasoline-driven rides and otherwise where necessary to secure reasonable and adequate protection from fire hazards. Fire extinguishers shall be placed to be accessed and in use wi…

§ 139.76. Ride and attraction operators and attendants. 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 …

§ 139.77. Maintenance of amusement rides and attractions. (a) Maintenance program. The owner of an amusement ride or amusement attraction shall implement a program of maintenance, testing and inspection, based on manufacturer’s recommendations, providing for the duties and respon…

§ 139.78. Rebuilt and modified rides. (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 previ…

§ 139.79. Records. (a) The owner or lessee of an amusement ride or amusement attraction shall maintain the following records onsite for 3 years, and make them available upon request of the Department, the Department’s representative or the qualified inspector: (1) Daily inspectio…

§ 139.8. Inspection affidavits. (a) Inspection affidavit required. An owner or lessee shall, with respect to each amusement ride or amusement attraction that is to be operated for use by the public, file a written affidavit with the Department, affirmed by a qualified inspector, …

§ 139.9. Qualified inspectors. (a) General. The Department will certify persons who meet the requirements of this section to act as qualified inspectors. Any inspection of an amusement ride or amusement attraction required under the act shall be conducted by a qualified inspector…

GENERAL § 139a.1. Scope. This chapter prescribes standards relating to the site, design, testing of equipment, management of the operation, operating procedures, emergency provisions and procedures for bungee jumping. In addition, the rules for amusement rides and attractions in …

§ 139a.2. Definitions. The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise: Act—The Amusement Ride Inspection Act (4 P. S. § § 401—418). Air bag—A device which cradles the body using an air release b…

OPERATIONS § 139a.21. Registration of bungee jumping operations. (a) Each bungee jump shall be considered a new amusement ride. (b) The owner of the bungee jumping operation may not commence bungee jumping activities until the operation has been registered with the Department. (c…

§ 139a.22. Jump space and jump area. (a) Prior to the opening of a bungee jumping operation, the site operator shall train site personnel to be familiar with the boundaries of the jump space and the jump area. (b) Objects or persons other than a jumper and the jumper’s equipment …

§ 139a.23. Permanent platforms. (a) A permanent platform shall be capable of supporting, without failure, at least five times the rated workload capacity or maximum intended load of the platform. If the jump equipment is attached to the platform as distinct from the structure, th…

§ 139a.24. Mobile platforms. (a) A mobile platform and suspension system shall be certified by a licensed professional engineer competent in structural design as being in conformity with this chapter. (b) A mobile platform used for lifting site personnel or jumpers shall be desig…

§ 139a.25. Lowering system. (a) The system for lowering the jumper to the landing area shall be operated under the direction of the jump operator, jump master or crane operator. It shall be a mechanically powered lowering system not capable of free-fall. (b) There shall be an alt…

§ 139a.26. Cranes. (a) A crane shall have certification of inspection by a testing firm accredited by the United States Department of Labor. This certification shall be done at each location prior to operation and shall be redone on at least an annual basis. Recertification is al…

§ 139a.27. Bungee cord specifications. (a) The site operator shall insure that the bungee cords used at the bungee jumping facility are designed and tested to perform within the prescribed limits of stretch and load as stated in this section. The cord shall be made from natural o…

§ 139a.28. Jump harness and hardware. (a) The harnesses, webbing, bindings, ropes and hardware shall meet or exceed the standards as set by Union International Alpinism Association (UIAA) or, the requirements of American National Standards Institute (ANSI) A10.14-1975. If the sta…

§ 139a.29. Testing and inspection. (a) A site operator shall follow the inspection and testing recommendations of the manufacturers of the component parts of the equipment. When those recommendations conflict with the testing and inspection provisions of this chapter, the provisi…

§ 139a.30. Replacement of rigging and equipment. (a) Replacement equipment for the following shall always be available on the approved operating site: (1) Bungee cords. (2) The rigging ropes. (3) Binding, ankle strapping for jumpers. (4) Jump harness. (5) Life line and clips. (b)…

§ 139a.31. Identification of equipment, rigging, bungee cord and safety equipment. (a) Each bungee cord shall have its own permanent identification number. (b) The form of identification may not damage or detract from the integrity of the material. (c) The identification shall be…

§ 139a.32. Landing recovery area and jump area. (a) A jump over land requires the use of an air bag certified by the manufacturer to be capable of absorbing a falling body from the height of the jump point. (b) The following requirements apply where the jump space is over land. (…