Changes to CO Regulations - What that means for you

Understanding Colorado Regulations and its application to Operators and Inspectors

History of Colorado Regulations and the Current Version

A PDF of the current Amusement Rides and Devices Regulations is available on our Regulations and Statutes webpage.

The primary changes in the current version include:

• Incorporating newer editions of standards
• Clarifying expectations with better language and adding definitions
• Reorganizing the document to align with other OPS Regulations
• Changing and clarifying the Inspector Certification requirements and process

Considerations for Operators

With most facilities heading into a seasonal transition, it is a good idea to ensure your procedures and documentation are updated for the next season and staff training. In the current regulations, Section 2-5-1 (A) states that “Ride Operators shall be trained in accordance with these regulations, adopted codes and standards, and any applicable recommendations provided by the Amusement Ride or Device manufacturer.” 

Review the list of codes and standards in Section 1.5 to ensure you meet the applicable requirements. 

Additionally, all Operators must comply with the following:

• All Amusement Rides or Devices must conform to the current requirements of ASTM F770-18 or ANSI/ACCT 03-2016 Chapter 2 (as applicable by ride type), regardless of the date of manufacture or installation. 
• If the existing Amusement Ride or Device has had a Major Modification since the last inspection, the post-modification inspection of that ride or device shall be conducted in compliance with ASTM F2974-18 Section 9 or ANSI/ACCT 03-2016 Chapter 1 Section B. 
• Amusement Rides or Devices of site-specific or prototype construction shall be constructed as certified and maintained and repaired as noted in the as-built plan set from a Professional Engineer. These plan sets must be available for OPS to review. If you are unsure if your ride or device falls within this category, consult your manufacturer or inspector. More information on this topic will be provided in a future OPS Guidance Bulletin.

To clarify the expectations for inspections, Operators must specifically address: 

• Annual Inspections 
• Daily Inspections 
• New Installation and Major Modification Inspections 

Operators should review Section 2-4 of the Regulations for more information.

Ride-specific Considerations

Trampolines

• Exemption language has been clarified: institutional trampolines used solely for sport and fitness training (with training conducted by a certified gymnastics or trampoline coach) remain exempt. 
• All other types of trampolines open to the public must be registered as Amusement Rides or Devices and have permits prior to operating.

Aerial Adventure Courses

• This includes Zip Lines and Free Fall Devices (which are defined in Section 1-6).
• Because of  incidents that have occurred in Colorado, OPS has written specific requirements to operate these types of rides and devices (per Section 2-5-2):

1. Verify that any connections between the patron and the devices are properly made.
2. Document these requirements in the operator’s manual.
3. For Free Fall Device operations, the Operator shall utilize a secondary attachment method approved by the manufacturer.

Reportable Injuries

A Reportable Injury (as defined) must be reported to OPS by calling 303-514-3281 or 303-809-9354 within 24 hours of the time that the Ride Operator or Operator becomes aware of the Injury.

Injury reports, using the form provided by OPS or an equivalent version, shall be maintained and made available to OPS for investigation. Copies of the injury report must be submitted upon request from OPS but no longer need to be submitted to OPS at the time of the incident.

What is an Injury?

An injury that results in death or requires immediate medical treatment administered by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first aid treatment or one-time treatment and subsequent observation of minor scratches, cuts, burns, splinters, or other minor injuries that do not ordinarily require medical care even though treatment is provided by a physician or by registered professional personnel.

What is a Reportable Injury?

Any Injury (as defined above) caused by a malfunction or failure of an amusement ride or device, or any injury (as defined above) caused by a Ride Operator or patron error.

Please reach out and let us know if something has happened. If you are not sure if something qualifies as “reportable,” please contact us to get clarification.

Considerations for Inspectors

OPS has overhauled the Inspector Certification requirements and process. All inspectors who want to perform inspections to issue operators a State of Colorado Amusement Program Certificate of Inspection will now need to renew their certification on or before April 15. Any new Inspectors wishing to apply for certification can do so throughout the year, but they will need to renew on or before April 15, regardless of the date the initial certification was issued.

Inspectors will now also be classified by type (1-5). Each type denotes the Amusement Rides and Devices for which Inspectors are authorized to issue a Certificate of Inspection documents.

The types are as follows: 

• Type 1: Traditional Amusement Rides and Devices 
• Type 2:  Aerial Adventure Courses (i.e., free fall devices, ropes courses and zip lines) 
• Type 3:  Indoor Trampoline Parks
• Type 4:  Water Slides
• Type 5:  Special devices: any specialty devices not listed above (i.e., trackless trains)

Practical Changes

Moving forward, Inspectors will have to:

• Complete the current version of the Inspector application that is posted on the OPS website annually on or before April 15 to be processed for approval to potentially be certified to conduct inspections in Colorado
• Review the Certification Types and qualifications and ensure you choose all of the appropriate Inspector Certification Types for the amusement rides or devices you are applying to be able to inspect
• Consider whether you can perform the inspection that an Operator has hired you to conduct
• For the annual Certificate of Inspection, the Inspector shall not be affiliated by employment or by a subsidiary relationship to the Operator of the Amusement Ride or Device. 
• For new installations or Major Modification Certificates of Inspection, the Inspector shall not be affiliated by employment or subsidiary relationship to the Operator of the Amusement Ride or Device, or to the manufacturer whose modification or new installation is being inspected.

The intention of restricting specific Inspectors from being the ones to sign the Certificate of Inspection is to ensure that there is an objective and complete inspection performed by an outside person that can evaluate the readiness/safety of the ride prior to opening to the public. 

OPS recognizes that on-site staff and the original manufacturer may be the most knowledgeable about the ride, so we encourage inspectors that are completing Certificates of Inspection to include these other parties and companies in the inspection process.

For example: when inspecting a new or modified braking system, the testing of said brake system can be done with all of the aforementioned parties present to ensure that everyone agrees that the system is functioning as intended.

Resources

If you have any questions about your specific program, we encourage you to review the Regulations with your legal counsel and communicate with OPS staff. 

We are available to answer your questions and get your feedback on the Regulations. 

Please join our stakeholder list to receive news and information from us.

We look forward to hearing from you!