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RECEIVED

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon Ci

SEVENTEENTH CONGRESS
Second Regular Session

7076

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Amusement parks usually include a collection of rides and entertainment that caters to adults,
teenagers and children. It continues to be visited by many Filipinos and it serves as one of the
places of recreation and leisure.

However, there is no single government agency which is primarily tasked to oversee and regulate
the operation of amusement parks. Also, there are no specific standards that ensure the safe
operation and maintenance of the rides in these theme parks. Although the Local Government
Units (LGUs) have the authority to issue a permit to operate to amusement parks, LGUs do not
have power over the operation of these establishments to ensure that the rides comply with the
highest safety standards.

In recognition of the urgent need to protect the general public patronizing these theme and
amusement parks against unreasonable risks, a legislation meant to prevent accidents through
early identification of unsafe amusement rides is highly important.

This bill seeks to create an Amusement Industry Safety Board which shall serve as the sole
regulating body on all matters pertaining to amusement rides and devices. The bill also finds it
necessary for the amusement rides to be inspected four (4) times annually by a certified
amusement ride inspector, and before daily operation by the owner or operator of the amusement
ride. The bill further provides incentives to enterprises engaged in the Amusement Industry.

In view of the foregoing, the immediate approval of this bill is earnestly sought.

Representative
Magdalo Para sa Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

7076

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
CREATING THE AMUSEMENT INDUSTRY SAFETY BOARD THEREBY
STRENGTHENING THE AMUSEMENT PARKS AND RIDES INDUSTRY,
INSTITUTING SAFETY STANDARDS AND PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER 1
GENERAL PROVISIONS,

SECTION 1. Short Title. — This Act shall be known as the “Amusement Industry Safety
Board Act.”

SEC. 2. Declaration of Policy. —\t is hereby declared the policy of the State to recognize
the vital role of the youth in nation-building and to promote and protect their physical, moral,
spiritual, intellectual, and social well-being. Towards this end, amusement parks are established
primarily for the youth and consequently, an Amusement Industry Safety Board is deemed
essential to protect the physical well-being of the youth while they are in amusement parks and
rides.

It is, likewise, the policy of the State to recognize the indispensable role of the private
sector, encourage private enterprise and provide incentive to needed investments. In the same
manner, the State shall provide fiscal incentive systems to encourage needed investments and to

reward performance of the business sector contributing to economic development.

SEC. 3. Principles and Objectives. — ‘The State shall ensure the safe operation and
maintenance of rides and devices, safety of riders against direct and indirect hazards in
amusement parks, and in particular the protection of:

a. Patrons or riders, tourists against hazards associated with operation of these

establishments;

b. Operators in imposing and enforcing reasonable safety rules against non-compliant

behaviour of patrons or riders;


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c. The amusement industry in complying with the recognized standards, set of
procedures and guidelines to further ensure the quality and safety of amusement ride
and devices.

SEC. 4. Definition of Terms. — As used in this Act, the following term, words and

phrases shall have the following definitions:

a. Accredited amusement safety inspector — refers to an individual who is accredited by

the Board and certified by the Bureau of Product Standards of the Department of
‘Trade and Industry, to inspect and certify that the amusement rides and devices pass
the safety standards;

b. Amusement Industry — refers to the collective term for the fairgrounds and
amusement park industry which includes the people who design, manufacture,
supply, control, operate, attend, maintain and carry out inspection of articles of
fairground equipment and other attractions at fairgrounds and amusement parks;

c. Amusement Park — refers to a fixed tract, area or site principally and commercially
used by an enterprise as a permanent location for amusement structures, mechanical
rides, devices and attractions, including theme parks;

d. Amusement ride or amusement device — refers to a device or a combination of devices
or elements that carry, convey, or direct a person(s) over or through a fixed or
restricted course or within a defined area, for the primary purpose of amusement or
entertainment; where the term “amusement ride” or the word “ride” are used in this
Act, their meaning shall correspond with the term “amusement device” as herein
defined;

e. Board refers to the Amusement Industry Safety Board;

f. Carnival or “Peryahan” — refers to a mobile enterprise principally devoted to
offering amusement or entertainment to the public in, upon, or by means of portable
or movable amusement rides or devices or temporary structures in any number
combination, whether or not associated with other structures or forms of public
attraction, including but not limited to “peryahan” on special occasions like school
fairs, fiestas, and “tiangges”;


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g. Fairground — refers to any part of premises which is for the time being used wholly
‘or mainly for the operation of any fairground equipment other than a coin operated
ride or non-powered children playground equipment. It includes both fixed
amusement park and temporary sites;

h. Illness — refers to a personal discomfort as a result of food poisoning, drug abuse,
toxic inhalation, insect sting or other similar occurrence that requires treatment;

i. Injury — refers to a sustained bodily harm resulting in treatment such as, but not
limited to trauma, cuts, bruises, burns and sprains;

j. Installation — refers to the actual act of onsite construction or the physical setting up
and making ready for use of an amusement ride or device;

k. Major Modification or alteration — refers to any change in either the structural or
operational characteristics of the ride of device which will alter its performance from that
specified in the manufacturer’s design criteria;

1. Minor Injuries/iliness — refers to an injury and illness that may or may not require
emergency first aid or significant treatment, or both;

m. Owner — refers to a person who owns, leases, or manages the operation of amusement

tide or device;

n. Ride Attendant — refers to any person who is appointed to work under the control and
direction of an operator to assist in the operation of an amusement device;

0. Ride Operator — refers to any individual having direct control of the starting,
stopping, or speed control or proper functioning of an amusement ride or device; and

p. Rider/patron — refers to an individual who is:
1. waiting in the immediate vicinity of an amusement park or carnival;
. boarding an amusement ride or attraction;

. on an amusement ride before, during and after its operation;

fen

. leaving or approaching an amusement ride or device and in its immediate

vicinity.


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CHAPTER II
‘THE AMUSEMENT INDUSTRY SAFETY BOARD, COMPOSITION, PWOERS
FUNCTIONS

SEC. 5. Creation of the Amusement Industry Safety Board. — There is hereby
established an “Amusement Industry Safety Board” hereinafter referred to here as the Board,
which shall be directly under the administrative supervision of the Office of the President. It
shall serve as the sole national regulating body on all matters pertaining to the amusement rides

and devices.

SEC. 6. Membership of the Board. — The Board shall be composed of seven (7)
members or their duly designated representatives:

a) The Chief of the Bureau of Fire Protection, as Chairperson;

b) Two (2) representatives from small amusement ride business sector;

©) Two (2) representatives from duly recognized industry association of fixed
amusement ride parks; and

d) Two (2) representatives from the engineering profession sector, one of whom a
Mechanical engineer knowledgeable of amusement rides and devices and the other
knowledgeable of electro-mechanical and programmable electronic rides and devices.

SEC. 7. Term of Office. — Each member shall be appointed by the President and shall
serve for a term of five (5) years. The President shall fill any vacancy in the Board for the
remainder of the unexpired term with a representative from the same sector as that of the
member who caused the vacancy.

SEC. 8. Meetings and Quorum. ~The Chairperson shall call the first meeting of the
Board within sixty (60) days after all members have been appointed and qualified. After the
initial meeting, the Board shall meet at the call of the Chairperson, at least four (4) times in one
year. Five members of the board, shall constitute a quorum. The vote of a majority of all the
members shall be necessary for the adoption of any rule, resolution or decision of the Board.

SEC. 9. Allowances and Per Diems. — The members of the Board and its Advisory
Council hereof as referred to in Section 11 of this Act, shall be entitled to per diems for meetings
attended pursuant to existing government accounting and auditing rules and regulations. The
members of the board and the Advisory Council shall receive no other compensation for their
services but they shall be reimbursed for their actual and necessary expenses incurred in the
performance of their official duties.


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SEC. 10. Powers and Functions of the Board. — The Board shall have the following
powers and functions:

implementing rules and regulations, and safety standards
for the effective implementation of this Act including the adoption of internationally
accepted standards on the amusement parks, rides and attractions;

a) Promulgate national polici

b) Conduct trainings and issue accreditation to amusement safety inspector who shall be
responsible for the certification of the operational worthiness of all amusement rides,
devices and attractions;

©) Review order for summary closure or stoppage to owner or operation of unsafe
amusement parks or a potion thereof, issued by the amusement safety inspector, in

accordance with the rules, regulations and standards set forth in this Act;

d) Develop and conduct safety program and information dissemination to the public
relative to preventive safety measures to be observed in all amusement attractions;

©

Study and develop a monitoring research program and evaluation of the effectiveness
of the safety standards;

{) In coordination with the local government unit having jurisdiction over the amusement
park, investigate accidents or injuries arising from amusement park’s operations and
recommend or initiate the filing of appropriate charges with the court having

jurisdiction;

g) Issue subpoena ad testificandum and duces tecum to any person in connection with its
power to conduct investigation;

h) Resolve or decide on any issue on the interpretation of the safety standards brought
before the Board;

i) To require the submission or records of the accident investigation reports relative to
the Amusement Industry Safety Standards for the continuing study, research and

evaluation of the effectiveness of the safety standards set forth in this Act; and

j) And such other powers and functions as may be assigned by the President.


SEC. 11. The Amusement Industry Safety Standards Advisory Council (AISSAC). ~
‘There shall be an Amusement Industry Safety Standards Advisory Council (AISSAC) which
shall be composed of representatives recommended by the industry sectors directly affected by
this Act and duly authorized by the Board. The Council shall advise the Board on relevant issues
and concerns for consideration in the formulation of policies, procedures, guidelines, rules and

regulations for the effective implementation of the provisions of this Act.

SEC. 12. Role and Responsibilities of the Local Government Units. — The Local
Government Unit (LGU), pursuant to the provisions of Republic Act 7160 otherwise known as
the Local Government Code of 1991, and other relevant and existing laws, shall:

a) Regulate the operation of amusement parks, rides and attractions, pursuant to the

policies, guidelines and safety standards promulgated by the Board, including the

inspection, monitoring and evaluation in compliance of this Act;

b)

¢

Collect fees and charges, including but not limited to business permit fees;

Identify and send safety practitioners for training on the Safety Standards to be

conducted by the Board;

d)

Identify and designate a tourism area for the peryahan in its respective physical

location development plan; and

°)

Within 120 days after the issuance of the Board Guidelines, conduct survey within its

own jurisdiction on certain information, such as but not limited to:

iii.

iv.

vi.

vii.

Owners of rides and devices;

Operators of rides and devices;

Types of rides and devices, including but not limited to its serial numbers
Training and seminars attended to by the owners and operators of rides and
devices;

Number of visitors or patrons per amusement park;

Employment and livelihood generated from the operation of an
amusement park; and

Such other pertinent information as may be required by the Board.


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CHAPTER IIL
AMUSEMENT INDUSTRY SAFETY STANDARDS

SEC. 13. General Safety Requirements. — No owner of an amusement ride, park and
device shall cause or allow the amusement ride or device to be operated unless the owner ensures
that:

a. All equipment, materials and safeguards required are complied with and the same are
maintained in good condition;

b. The amusement ride or device is operated and maintained by a competent person; and
©. A required inspection of the amusement ride or device is carried out by an accredited
amusement safety inspector as a requirement for the issuance of permit.

SEC. 14. Standards and Guidelines. — The Board, by way of regulation, shall adopt
internationally recognized standards, recommendations, set of procedures or guidelines to further
ensure the quality and safety of amusement ride and devices.

SEC. 15. Insurance Requirements. - No person, corporation, or any juridical entity shall
operate an amusement ride or device unless the same has provided the Local Government Unit
having jurisdiction, through the Safety Inspector a documented proof of comprehensive general
liability insurance the minimum amount of which shall be determined by the Board. The duration
of insurance required shall be maintained for the entire period of the operation of the amusement
ride or device. In the event that the insurance required hereof is cancelled, suspended or
otherwise becomes invalid, the insurer shall, as soon as is reasonably possible, report the

cancellation, suspension or invalidity to the Safety Inspector.

SEC. 16. Ride Operator Requirements. - The owner of an amusement ride or device
must have a documented training policy for the operation of an amusement ride or device. The
ride or device owner must maintain a written certification for each person controlling the
physical operation of an amusement ride or device that the person has received the training for
the ride or device as required by the documented training policy or program.

CHAPTER IV
SCOPE OF INSPECTION

SEC. 17. Scope of Application. — This Code shall apply to all enterprises where
amusement ride and device are designed, manufactures, constructed, installed, operated,
inspected and transferred. The safety of fairgrounds and amusement parks shall be ensured of


adequate protection and safety of amusement ride and device in order to avoid injuries or the
infliction of unnecessary pain or distress to patrons and rides during the operation or amusement

ride and device.

SEC. 18. Authorized Officers to Conduct Inspection of Amusement Ride and Device. -
Only amusement ride inspector duly accredited by the Board are authorized to conduct
amusement rides and devices inspection work. All persons involved in the said inspection work
shall undergo training conducted by the Board.

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‘The certified amusement ride inspector must be either:
i, an employee of the insurance company that insures the amusement ride or
device; or
ii. an independent inspection service provider that the insurance company or owner
has contracted with, or an employee of the independent inspection service
provider.

SEC. 19. Annual Inspections. —
a) An amusement ride or device must be inspected at least four (4) times annually or
quarterly by a certified amusement ride inspector;

b) Amusement rides or devices that are not operated on a continual year-round basis must
be inspected in the same calendar year and prior to July 1, or the first operation in the
country, whichever is later. Amusement rides that do not pass an inspection required by
this section in the previous year must be re-inspected before being operated in the

country;

5

If an inspection reveals that an amusement ride or device does not meet the safety
standards, the insurer or independent inspection service provider must notify the owner
of all defects of the ride or device;

d) No person shall operate an amusement ride or device unless:
i. the amusement ride or device passed the most recent annual inspection required by
this section; and
ii, all defects identified during the most recent annual inspection have been corrected
and the amusement ride or device passed are-inspection;

©) All inspections and re-inspections required by this section must include evaluation
consistent with the safety standards of amusement rides. All owners and operators must


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permit reasonable inspection of an amusement ride by the certified amusement ride
inspector selected by the insurer or independent inspection service provider;

f) The inspections required by this section are in addition to and suppletory to any other
inspections required or permitted by law;

g) Before the amusement ride or device is operated, an owner of an amusement ride must
submit to each sponsor, lessor, landowner, or other person who has contracted for the
amusement ride to be offered to any rider or patron, an inspection certificate showing
that the amusement ride passed the most recent inspection or re-inspection required by
this section. The inspection certificate shall identify the amusement ride by name,
manufacturer, and serial number, the date inspection was performed, and the inspector's
name and certification number; and

h) An owner of an amusement ride must also file the certificate of inspection with the
Board not later than ten (10) days after the completion of each inspection as required by
this section.

SEC. 20. Daily Inspections. - No person shall operate an amusement ride or device unless
a daily inspection has been performed. Each daily inspection shall be recorded in a logbook for
each amusement ride or device and shall be kept for a period of not less than three (3) years. An
‘owner or operator shall not knowingly operate, or permit to be operated, an amusement ride or
device that has not passed a daily inspection.

SEC. 21. Inspection after Alteration or Modification. - An amusement ride or device that
has been modified or altered in a manner that changes its dynamics or control system from the
original manufacturer's design or specification since its last annual inspection must be
inspected by a certified amusement ride inspector before it can be operated.

SEC. 22. Inspection after an Injury or Illness. - An amusement ride or device must be
inspected by a certified amusement ride inspector before it can be operated following an injury

or illness involving the ride.

SEC. 23. Availability for Inspection and Information. - The owner of an amusement ride
must make the ride or device available for inspection at all reasonable times and places
requested by any law enforcement agency. All relevant information on the operation of an
amusement ride or device shall also be made available at all times.


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SEC. 24. Recording and Reporting. —

a. An owner shall maintain a first-aid incident report log for all injuries or illnesses
sustained by a rider or patron resulting from the operation of an amusement ride or
device. The recorded information shall include the following:

i. name, address, age and telephone number of the rider receiving emergency
health care service or treatment; date the injury or illness occurred;
ii, description of the injury or illness and the first-aid service or treatment
administered;

manufacturer's name and serial number of the amusement ride involved in

the

iv. incident or illness and;

any other pertinent information, as may be required by law.

b. An owner shall maintain the first-aid incident report log for a period of not less than
three (3) years, and shall make the first-aid incident report log available upon request by
any interested party. An owner of an amusement ride or device shall provide a report to
the local law enforcement agency of any accident or incident arising from the use or
operation of an amusement ride or device resulting in serious rider injury or illness. Not
less than three (3) years, and shall make the first-aid incident report log available upon
request by any interested party. An owner of an amusement ride or device shall provide
a report to the local law enforcement agency of any accident or incident arising from the

use or illness.

SEC. 25. Operator Enforcement. - A ride operator, owner, sponsor, lessor, landowner, or
other person who has contracted for the amusement ride or device to be offered to any rider or
patron, may impose and enforce reasonable safety rules regarding the behaviour of riders or
patrons. It may prohibit a person from riding a ride or may remove a rider from a ride for
violations of those rules.

CHAPTER V
PENALTIES AND SANCTIONS.

SEC. 26. Administrative Fines. - The Board by way of regulation, shall issue a schedule
of administrative fines for violations of any provisions of this Code.

SEC. 27. Cease and Desist Order. - The Board is authorized to issue after due process
except in instances when the continued operation causes imminent danger to public safety, a
"cease and desist order" to any amusement ride and device operator, person, enterprise, firm, or

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corporation engaged in the business in the amusement industry if found to be in violation of any
of the provisions of this act, should the continued operation of said entity, as the certified
amusement safety inspector finds that a ride is unsafe to operate and would pose risk to public
safety.

CHAPTER VI
INCENTIVES

SEC. 28. Tax Incentives on Importation. — All enterprises engaged in Amusement
Industry as duly accredited by the Board, in consultation with the Department of Finance and the
Board of Investments, shall, for five (5) years after the effectivity of this Act and thereafter, be
exempted from the payment of tariff and duties for the importation of all types of amusement
theme parks and amusement rides inputs, devices, equipment and machineries, including spare
parts of all carnival ride equipment and renewable energy systems such as solar panels;
Provided, however, that the imported inputs, devices, equipment and machineries shall be for
the exclusive use of the importing enterprise. Provided further, That such are not manufactured
domestically in sufficient quantity and comparable quality. This is without prejudice to other
fiscal and non-fiscal incentives that the said enterprises may qualify to avail from other existing

laws.

SEC. 29. Assistance to Mobile Operators. Government Financial Institutions (GFls) shall
provide loan provisions for mobile operators or peryahan operators. Mobile operators or
peryahan operators shall secure a favourable endorsement from the Board to avail of the said
Joan provisions. Existing mobile operators or peryahan operators shall, to avail of the said loan
provisions, obtain a certificate of safety compliance from the Board.

SEC. 30. Penalty on Illegal Importation. — Any person, partnership, corporation,
association and other juridical entity found violating the provisions of Section 28 of this Act,
shall suffer the penalty of imprisonment for a period of not less than six (6) months but not more
than six (6) years, or a fine equivalent to two hundred percent (200%) of the value of imported
materials or both, at the discretion of the court and the accessory penalties of confiscation of the
imported goods in favour of the government and the revocation of the privileges given under this

‘Act. In cases where the violation is committed by a juridical entity, the officers responsible shall
suffer the penalty prescribed herein.

The importation of goods equivalent to or exceeding the declared assets of the enterprise or
partnership; or the authorized capital stock in case of corporations, and/or resale of the imported
goods shall be a prima facie evidence of the violation of Section 28 of this Act.

et


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CHAPTER VII
TRANSITORY AND FINAL PROVISIONS

SEC. 31. Appropriations. — The amount necessary for the implementation of this Act 26
shall be included in the General Appropriations Act.

SEC. 32. Mandatory Review. - The Congress of the Philippines shall undertake a
mandatory review of this Code at least once every five (5) years and as often as it may deem
necessary, to ensure that amusement ride and devices inspection policies, rules and regulations

remain responsive to changing circumstances.

SEC. 33. Implementing Rules and Regulations. ~ The Chairman, within ninety (90) days
after the effectivity of this Act, through a technical working committee, and in consultation with
the private sector concerned shall formulate the implementing rules and regulations for the full
implementation of this Act. Copies of the formulated rules and regulations shall be submitted to
the Committee on Games and Amusement of both Houses of Congress. Such rules and
regulations shall take effect fifteen (15) days upon publication in a newspaper of general

circulation.
SEC. 34. Separability Clause. - If any provision of this Act shall at any time be found to be
unconstitutional or invalid, the remainder thereof not affected by such declaration shall remain

in full force and effect.

SEC. 35. Repealing Clause. - All laws, decrees, rules or regulations inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 36. Effectivity Clause. - This Act shall take effect after fifteen (15) days following

its complete publication in two (2) newspapers of general circulation.

Approved,

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