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Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.060 - Existing Elevators

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is to provide minimum standards
				  for elevators installed prior to the adoption of this rule.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of State at a
				  cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material.
(1) Minimum
				Standards. All existing elevator equipment installed prior to the effective
				date of these rules and regulations shall conform to the Missouri Minimum
				Safety Codes for Existing Elevator Equipment as promulgated by the Elevator
				Safety Board in 11 CSR 405.065. These standards are hereby adopted and
				incorporated by reference.
(2) Time
				Period to Comply. The owner, operator, lessee or agent of either, of any
				existing elevator equipment, subject to this section shall have one (1) year
				from the effective date of these rules and regulations, or when notice is given
				to comply; or within one (1) year the owner, operator, lessee, or agent of
				either, of any existing elevator equipment, subject to this section shall
				submit a plan to the board, for approval, outlining the dates to which the
				requirements of this section will be complied with.
(3) Operating Certificate for Existing
				Elevator Equipment. Any elevator equipment installed and in existence prior to
				the effective date of these rules and regulations shall conform to the
				standards established by
				11 CSR
				40-5.090. In addition, the owner, operator, lessee, or
				agent of either shall obtain an operating certificate in accordance with
				11
				CSR 40-5.100 as listed herein.
(4) Alteration Permit, Inspection and
				Operating Certificate. The owner, operator, lessee or agent of either, of any
				elevator equipment which must be altered in order to comply with the Missouri
				Minimum Safety Codes for Existing Elevator Equipment shall obtain an alteration
				permit, an inspection, and an operating certificate in the same manner as
				provided in
				11 CSR 40-5.080 and
				11 CSR 405.110.
*Original authority: 701.355, RSMo
					 1994.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.070 - Accessibility to the Disabled

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the rule to adopt the
				  most current version of the standard used to ensure accessibility to elevator
				  equipment meets ADA requirements.
(1) New Installations of Accessible Passenger
				Elevators and Wheelchair Lifts. In addition to the standards imposed, the board
				hereby adopts and incorporates herein the American National Standards Institute
				Standard for Buildings and Facilities Providing Accessibility and Usability for
				Physically Disabled People, ANSI A117.1 2009 edition, Sections 407, 408, and
				410, American Society of Mechanical Engineers (ASME), Three Park Avenue, New
				York, NY 10016 adopted by the Elevator Safety Board. This rule does not include
				any later amendments or additions.
(2) All elevator equipment installed prior to
				the development and adoption by the authority having jurisdiction of national
				accessibility standards are not required to meet this rule unless the equipment
				undergoes a major alteration.
*Original authority: 701.355, RSMo
					 1994.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.090 - Inspection and Testing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies terminology within
				  this rule and removes obsolete references to codes.
(1) Minimum Standard. All inspections and
				testing required by Missouri Statute 701.350-701.380 and these rules and
				regulations shall be made in accordance with the applicable standards
				established by 11 CSR 40-5.050, adopted by the
				Elevator Safety Board excluding periodic inspection requirements of Table N-1,
				six- (6-) month interval in ASME A17.1 The requirements of the six- (6-) month
				periodic inspection is to be performed with the twelve- (12-) month periodic
				inspection. The foregoing standards are incorporated by reference in this rule.
				This does not include any later amendments or additions.
(2) Periodic Inspections.
(A) The owner, operator, lessee, or agent of
				either of any elevator equipment as described herein shall have it inspected,
				every twelve (12) months, as defined by sections 701.350-701.380, RSMo and
				these rules and regulations. The inspection may be made within thirty (30) days
				prior to or thirty (30) days following the anniversary date of the initial
				inspection. Other variations to the twelve- (12-) month inspection period may
				be authorized by the chief elevator inspector as deemed necessary to schedule
				inspections in remote locations or for multiple elevator equipment
				situations.
(B) Any inspection
				required by sections 701.350-701.380, RSMo and these rules and regulations
				shall be made only by inspectors licensed in accordance with the provisions of
				sections 701.350-701.380, RSMo and
				11 CSR 40-5.120 of
				these rules and regulations.
(C) In
				addition to required inspections, the department or its authorized
				representative may designate a licensed inspector to make such additional
				inspections as may be required to enforce the provisions of sections
				701.350-701.380, RSMo and these rules and regulations.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.100 - State Operating Certificate and Local Operating Certificate

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is to require a state operating
				  permit for all elevators.
(1)
				State Operating Certificate Requirements.
(A)
				A state operating certificate shall be issued by the department directly to the
				owner, operator, lessee or agent of either, of the elevator equipment when the
				inspection report indicates compliance with the applicable provisions of
				sections 701.350-701.380, RSMo these rules and regulations and the state
				operating certificate fees have been paid. Following receipt of the inspection
				report, the department shall issue a notice that state operation certificate
				fees are due. The owner, operator, lessee or agent of either will then have
				thirty (30) days to respond to the department. The department may allow for an
				extension of fees as deemed necessary by the chief elevator inspector upon a
				proper written request received prior to the expiration of the thirty (30)
				days. No elevator equipment shall be operated after one hundred twenty (120)
				days, after an inspection report or after an extension granted by the chief
				elevator inspector has expired, unless the owner, operator, lessee or agent of
				either has obtained a state operating certificate issued by the department or
				unless the owner, operator, lessee or agent of either has complied with all
				provisions of these rules and regulations, but has not yet received the
				certificate. The burden of proof to establish compliance with all provisions of
				these rules and regulations shall be on the owner, operator, lessee or agent of
				either.
(B) A state operating
				certificate shall be issued for a period of one (1) year and the expiration
				date shall appear on its face.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.110 - Fees and Penalties

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is to meet the statutory
				  requirement that sections 701.350-701.380, RSMo be self-funding without use of
				  general fund monies once the program is running. It is estimated that it will
				  take approximately two (2) years to become self-funding.
(1) New Construction.
(A) Plan Review Fee. The following plan
				review fees shall be paid to the department for each elevator equipment to be
				installed within its governing authority, excluding any elevator equipment
				being installed in the authorized representatives designated areas. In such
				cases the fee schedule would be as defined by and paid to the authorized
				representative. The plan review fee for each elevator is a base fee of one
				hundred fifty dollars ($150) plus twenty-five dollars ($25) for each opening.
				The plan review fee for each platform lift or stair lift is a base fee of
				seventy-five dollars ($75) plus twelve dollars and fifty cents ($12.50) for
				each opening.
(B)
				Installation/Alteration Permit Fee. The installation/alteration permit fee
				shall be twenty-five dollars ($25).
(C) Inspection Fee. The following inspection
				fee shall be paid to the department for each unit of elevator equipment to be
				inspected by a department employed licensed inspector, excluding any elevator
				equipment being inspected in the authorized representatives designated areas or
				if being inspected by a special inspector. In such cases the fee schedule would
				be as defined by and paid to the authorized representative or special
				inspector. The initial inspection fee is one hundred twenty-five dollars ($125)
				plus any expenses incurred. The reinspection fee for each reinspection is one
				hundred twenty-five dollars ($125) plus any expenses incurred.
(D) Temporary Operating Fees. The department
				may, at its discretion, permit temporary operation pending correction of
				defects. Such temporary operation shall be limited to sixty (60) days but may
				be renewed at the discretion of the department for additional periods of not
				more than thirty (30) days each. The following temporary fee shall be paid to
				the department for each unit of elevator equipment to be used on temporary
				operation. The fee for temporary operation is seventy-five dollars ($75) per
				each thirty (30)-day period.
(E)
				State Operating Certificate Fee. The annual state operating certificate fee of
				twenty-five dollars ($25) shall be paid directly to the department for each
				unit of elevator equipment installed within the state regardless of geographic
				location of the elevator. If fees are not paid to the department within the
				required amount of time, revocation of operation may be enforced, per
				11
				CSR 40-5.100.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.120 - Inspectors

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment is needed due to the fact
				  that the American Society of Mechanical Engineers has discontinued their
				  qualified elevator inspector certification process. The change allows for the
				  acceptance of a national or internationally recognized organization that
				  provides an elevator inspector certification program. The amendment also adds
				  additional causes for action on a license by the Board.
(1) Certification Required. The inspection of
				all elevator equipment required by sections 701.350-701.380, RSMo and these
				rules and regulations shall be made only by a licensed inspector certified by
				the board.
(A) Inspectors certified by the
				board and directly employed by the state, municipality, political subdivision,
				or authorized representative in a full-time position are exempt from the
				insurance requirements listed herein, until such time as they perform
				inspections outside the jurisdiction of the governing authority.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.130 - Variances

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the process to request
				  exceptions or variances to the rules.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of the State at
				  a cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material.
(1) Sections
				701.350-701.380, RSMo, and these rules and regulations authorize the board in
				any particular case to grant exceptions and variances. Such exceptions or
				variances shall only be granted where it is clearly evident that they are
				necessary in order to prevent undue hardship or where the existing conditions
				prevent compliance with the literal requirements of the rules and regulations.
				In no case shall any exception or variation be granted unless, in the opinion
				of the board, reasonable safety will be secured.
(2) Application for a Variance.
(A) An application for a variance shall be
				submitted by the owner, operator, lessee or agent of either to the department
				on a form supplied by and approved by the department.
The application shall be accompanied by the following:
1. An application for installation, and
				detailed plans and specifications as required by
				11 CSR 40-5.050
				as listed herein; or
2. An
				application for alteration, and detailed plans and specifications as required
				by
				11 CSR 40-5.080 as
				listed herein.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.140 - Appeals

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule identifies the appeal process for
				  persons aggrieved by sections 701.350-701.380, RSMo or rules 11 CSR 405.010
				  through 11 CSR 40-5.115.
(1)
				Appeals as Provided by Sections 701.350-701.380, RSMo.
(A) Any person aggrieved by an order or act
				of the department, under sections 701.350-701.380, RSMo and these rules and
				regulations, may within fifteen (15) days after notice thereof, appeal the
				order or act to the board which shall, within forty-five (45) days thereafter,
				hold a hearing of which at least fifteen (15) days written notice shall be
				given to all interested parties.
(B) The board shall, within forty-five (45)
				days after the hearing, issue an appropriate order modifying, approving, or
				disapproving the order or act.
(C)
				A copy of the order, by the board, shall be served upon all interested
				parties.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.150 - Repealer and Effective Date

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule repeals any previous rules or
				  regulations concerning elevators that may have been issued. It also provides
				  for a six-month exemption from some situations.
(1) All previous rules and regulations of the
				Elevator Safety Board are hereby repealed.
(2) The effective date of these rules and
				regulations is the first day of July, 1999.
(3) The director of the Department of Public
				Safety may grant a grace period of six (6) months for those persons aggrieved
				by the promulgation of these rules and regulations under this section. Within
				thirty (30) days after notice thereof, written notice shall be given to all
				interested parties.
*Original authority: 701.355, RSMo
					 1994.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.170 - Elevator Mechanic License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the manner in which
				  an elevator mechanic may be licensed and equipment available for installation
				  by Mechanic II licensees.
(1)
				Elevator Mechanic I-This license authorizes the holder to construct, install,
				alter, maintain, examine, relocate, test, remove, service, and repair all types
				of elevators and other conveyances in any location as covered in sections
				701.350 to
				701.383,
				RSMo, 11
				CSR 40-5.010 to
				11 CSR
				40-5.195, and American Society of Mechanical Engineers
				(ASME) A17.1 and ASME A18.1.
(A) Elevator
				Mechanic I license may be granted only to individuals who have demonstrated
				their qualifications and abilities in meeting one (1) of the following
				paragraphs:
1. Possess a certificate of
				completion of an apprenticeship program registered with the United States
				Department of Labor's Bureau of Apprenticeship and Training for elevator
				mechanics;
2. Applicants with
				licenses issued by another state shall provide the board documentation that the
				out-of-state licensing requirements meet or exceed Missouri requirements, and
				that the license is valid and has not been revoked or suspended; or
3. The board may, at its discretion, issue a
				license to an applicant who provides documentation the applicant has a minimum
				of four (4) years of prior experience and acceptable training, and has
				successfully passed a mechanic examination of a nationally recognized training
				program acceptable to the board; and
4. Upon approval of an application by the
				board and receipt of the applicable fee, the board may issue an elevator
				mechanic I license effective for a two-(2-) year period from date of issuance
				or renewal, unless thereafter revoked or suspended.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.180 - Elevator Contractor License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the scope of work for an
				  elevator contractor I or II.
(1) Elevator Contractor I-A sole proprietor,
				partnership, corporation, limited liability company (LLC), or firm authorized
				by the board to engage in the business of erecting, constructing, installing,
				altering, maintaining, testing, examining, relocating, removing, servicing, or
				repairing of all types of elevators and other conveyances in any location as
				covered by sections
				701.350 to
				701.383,
				RSMo,
				11 CSR 40-5.010 to
				11 CSR 40-5.195, and
				American Society of Mechanical Engineers (ASME) A17.1 and A18.1.
(2) Elevator Contractor II-A sole proprietor,
				partnership, corporation, LLC, or firm authorized by the board to engage in the
				business of erecting, constructing, installing, altering, maintaining, testing,
				examining, relocating, removing, servicing or repair of platform lifts and
				stairway chairlifts as covered by sections
				701.350 to
				701.383,
				RSMo,
				11 CSR 40-5.010 to
				11 CSR 40-5.195, and ASME
				A18.1.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.190 - Disciplinary Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes conditions and
				  procedures related to disciplinary action against an elevator mechanic or
				  contractor license.
(1) The
				board shall have cause to discipline any licensee for any one (1) of the
				following reasons:
(A) Licensee has made a
				false statement as to material matter in his or her application;
(B) Licensee has committed fraud,
				misrepresentation or bribery in securing a license;
(C) Licensee has violated any provision of 11
				CSR 40-5.160 to
				11 CSR 40-5.195;
(D) Licensee has had an elevator mechanic or
				contractor license issued by another state revoked or suspended;
(E) Licensee has violated the provisions of
				sections
				701.350 to
				701.383,
				RSMo;
(F) Licensee failed to notify
				the department and the owner or lessee of non-registered elevator equipment
				non-compliant with sections
				701.350 to
				701.383,
				RSMo, and
				11 CSR 40-5.010 to
				11 CSR 40-5.195;
(G) Licensee fails to maintain insurance as
				provided in
				11 CSR
				40-5.175;
(H) Performing work on previously unknown
				elevator equipment not registered with the department in compliance with
				section
				701.371,
				RSMo; or
(I) Licensee has a direct
				or indirect ownership or financial interest in an inspection business entity as
				it relates to sections
				701.350 to
				701.383,
				RSMo.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 5 - Elevators › Section 11 CSR 40-5.195 - Fees

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a licensing fee
				  schedule and requires fees collected to be deposited into the Elevator Safety
				  Fund.
(1) License type and
				fee-
(A) Initial Elevator Mechanic I or II
				and renewal, a fee of seventy-five dollars ($75) for a two- (2-) year license;
				and
(B) Initial Elevator Contractor
				I or II and renewal, a fee of two hundred dollars ($200) for a two- (2-) year
				license; and
(C) All fees shall be
				payable to the Elevator Safety Fund- Missouri Division of Fire Safety and are
				non-refundable or nontrans-ferable except for overpayments resulting from
				mistakes of law or fact.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.010 - Purpose

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the purpose for rules
				  11 CSR
				  40-6.015 through 11 CSR 406.100, which relate to
				  sections
				  316.200
				  through
				  316.237,
				  RSMo Supp. 1998.
(1) The
				purpose of this chapter is to establish-
(A)
				Procedures to be followed when an amusement ride accident occurs involving a
				serious physical injury, serious incident or death;
(B) Rules and regulations to be followed by
				an amusement ride owner/operator;
(C) Rules and regulations to be followed by a
				rider of an amusement ride; and
(D)
				Rules and regulations for the effective administration and enforcement of
				sections
				316.200
				through
				316.237,
				RSMo Supp. 1998.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.015 - Scope and Application

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule specifically identifies the scope
				  of conducting an inspection/investigation of an amusement ride
				  accident.
(1) These rules and
				regulations apply to all amusement rides in the state of Missouri as defined in
				11 CSR 40-6.020.
				11 CSR 406.010 through
				11 CSR
				40-6.100 shall be known and cited as the Missouri
				Amusement Ride Safety Act.
*Original authority: 316.206, RSMo
					 1997.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.020 - Terms; Defined

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terminology used
				  throughout the rules and regulations.
(1) The following definitions shall be used
				in interpreting this Act unless the context otherwise requires:
(A) Amusement ride-any of the following,
				which is primarily for the purpose of giving its patrons amusement, pleasure,
				thrills, or excitement, and which is open to the general public excluding skill
				teaching, exercise, and team building:
1. Any
				mechanical device that carries or conveys passengers along, around or over a
				fixed or restricted route or course or within a defined area;
2. Any dry slide over twenty feet (20') in
				height;
3. Any tram, open car, or
				combination of open cars or wagons pulled by a tractor or other motorized
				device, except hayrack rides, those used solely for transporting patrons to and
				from parking areas, or those used for guided or educational tours, but does not
				necessarily follow a fixed or restricted course;
4. Any bungee cord attraction or similar
				elastic device;
5. Any climbing
				wall over ten feet (10') in height except for not-for-profit entities that
				follow the YMCA Services Corporation's Climbing Walls Safety Guidelines or the
				Boy Scouts of America Guidelines;
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.025 - Exemptions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule identifies those rides that are
				  exempt from this Act.
(1) The
				following rides are exempt from the provisions of this Act:
(A) Unpowered, non-mechanical playground
				equipment including but not limited to: swings, seesaws, stationary
				spring-mounted animal features, rider-propelled merry-go-rounds, climbers,
				slides and trampolines;
(B) Any
				single passenger manually, mechanically, or electrically operated,
				coin-actuated ride, which is customarily placed singly, or in groups, in a
				public location and which does not normally require the supervision or services
				of an operator;
(C) Water
				slide;
(D) Dry slide less than
				twenty feet (20') in height;
(E)
				Tram, open car, or combination of open cars or wagons pulled by a tractor or
				other motorized device used solely for transporting patrons to and from parking
				areas, or those used for guided/educational tours;
(F) Any climbing wall less than ten feet
				(10') in height;
(G) Any climbing
				wall owned by a not-for-profit entity that follows the YMCA Services
				Corporation's Climbing Walls Safety Guidelines or the Boy Scouts of America
				Guidelines; and
(H) Temporary
				structures, including but not limited to funhouses, haunted houses, etc.
				without mechanical components.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.030 - Division; Promulgate Rules and Regulations; Administer Act

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule grants authority to the division
				  to promulgate rules and regulations to administer this Act.
(1) The division shall adopt and promulgate
				rules and regulations necessary to carry out the provisions of this
				Act.
*Original authority: 316.206, RSMo
					 1997.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.031 - Amusement Ride Inspection

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule explains the procedures to obtain
				  a Missouri amusement ride operating permit and the requirement of an annual
				  safety inspection of amusement rides by a qualified amusement ride
				  inspector.
(1) No amusement
				ride shall operate in Missouri without a current state operating permit issued
				by the division. An amusement ride owner shall apply for an operating permit to
				the division on a form furnished by the division and containing such
				information as the division may require. Such permit is valid for twelve (12)
				months from the date of issuance and is not transferable.
(2) State operating permit(s) shall be issued
				by the division upon receipt of the following:
(A) Completed Application for Amusement Ride
				Operating Permit;
(B) Completed
				Amusement Ride Inspection Report signed by an approved qualified inspector, to
				include a state inspection checklist;
(C) Current certificate of insurance with one
				(1) million dollars minimum liability insurance coverage; and
(D) Permit fee of thirty dollars ($30) per
				ride.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.033 - Itinerary Required

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires each amusement ride
				  company/owner to provide the Missouri Division of Fire Safety with an itinerary
				  of their event dates and locations in the state.
(1) The owner of a portable amusement ride(s)
				shall file with the division an annual event itinerary on a division form
				indicating the information listed below at least fourteen (14) days prior to
				the first scheduled setup or within five (5) days when cancellations or
				additional locations occur:
(A) Name of
				amusement ride owner/company;
(B)
				Name of carnival, fair, or activity sponsor;
(C) Address and telephone number of the site
				or event sponsor;
(D) Event date(s)
				open to the public;
(E) Date of
				setup; and
(F) Name of the
				amusement ride company contact person on-site.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.035 - Political Subdivisions; Regulations of Rides; Inspections

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule permits political subdivisions to
				  continue to regulate and inspect amusement rides within their
				  jurisdiction.
(1) Nothing
				contained in this Act shall prevent cities and counties from licensing or
				regulating any amusement ride electrical equipment, carnival or circus nor
				prevent them from enacting ordinances which may be more restrictive than this
				Act.
*Original authority: 316.206, RSMo
					 1997.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.040 - Liability Insurance- Amusement Rides Owner; Required

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires liability insurance, bond
				  or other security to be in existence prior to the operation of amusement
				  rides.
(1) No amusement ride
				shall be operated unless at the time of operation there is in existence-
(A) A policy of insurance written by an
				insurance company authorized to do business in this state in an amount not less
				than one (1) million dollars per occurrence against liability for injury to
				persons arising out of the operation of the amusement ride and the owner shall
				provide a certificate of liability insurance to the division with the Missouri
				Division of Fire Safety listed as a certificate holder; or
(B) A bond in a like amount, provided that
				the aggregate liability of the surety under such bond shall not exceed the face
				amount thereof; or
(C) Cash or
				other security acceptable to the division.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.045 - Accident; Reporting of Injuries/Death

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule specifically outlines the
				  responsibilities of the amusement ride owner/operator, the Division of Fire
				  Safety and the contracted inspector(s) when an amusement ride accident
				  occurs.
(1) When any serious
				physical injury, serious incident or any death occurs as a result of an
				amusement ride-
(A) Unless authorized in
				writing by the division, no amusement ride subject to the provisions of this
				Act may be operated, moved, altered, repaired, or tampered with, except to
				protect life, limb, and property after such injury or death occurred until the
				inspection/investigation is completed;
(B) Immediately after such occurrence the
				owner shall notify and provide an initial accident report which involves a
				serious physical injury, serious incident or death to the Division of Fire
				Safety, Office of the State Fire Marshal by-
1. Requesting local law enforcement agency or
				local fire service agency to contact the Division of Fire Safety, Office of the
				State Fire Marshal; or
2.
				Telephoning the Division of Fire Safety, Office of the State Fire
				Marshal;
(C) Within
				twenty-four (24) hours after receipt of any such report, the Division of
Fire Safety, Office of the State Fire Marshal shall cause an
				  investigation of the occurrence and an inspection of the ride to determine the
				  cause of such serious physical injury, serious incident or death and perform
				  the inspection/investigation in a manner that proceeds with all practicable
				  speed and minimizes the disruption where the ride is located;
(D) The division, or its designee may enter
				into any place or upon any premises where such accident occurred;
(E) The amusement ride owner shall provide
				the qualified inspector or the director's designee all information or facts
				known as to the cause of such accident.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.050 - Cessation Order; Operation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires an unsafe amusement ride
				  to immediately cease operation by order of the division's contracted
				  inspector(s).
(1) The
				division or a qualified inspector contracted by the division may order verbally
				or in writing as soon as practical a temporary and immediate cessation of
				operation of any amusement ride if it has been determined after inspection to
				be hazardous or unsafe. Operation of the amusement ride shall not resume until
				the unsafe or hazardous condition is corrected to the satisfaction of the
				division or such contracted inspector.
*Original authority: 316.206, RSMo
					 1997.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.055 - Cost; Inspection/Investigation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule holds the amusement ride owner
				  responsible for the cost of an inspection/investigation resulting from an
				  accident falling within the purview of this Act.
(1) The cost of an inspection/investigation
				as a direct result of an accident as defined in this Act shall be the
				responsibility of the amusement ride owner due upon completion of the
				inspection/investigation by the contracted inspector at a rate of one hundred
				twenty-five dollars ($125) per hour plus actual expenses.
*Original authority: 316.206, RSMo
					 1997.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.060 - Director; Qualified Inspectors

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule authorizes the Division of Fire
				  Safety to certify qualified inspectors to conduct the inspection/investigation
				  resulting from an accident.
(1) The director or his/her designee shall
				certify such qualified inspectors as may be necessary to carry out the Missouri
				Amusement Ride Safety Act. The inspector shall be considered an independent
				contractor and not a state employee. The inspector will provide personal
				references and credentials relating to education and experience to the
				division. The division will maintain this information on file.
(2) Minimum qualifications of inspector are
				as follows:
(A) Shall provide to the division
				a resume detailing inspector's educational/experience history; and
(B) Shall be at least twenty-one (21) years
				of age; and
(C) Shall possess a
				high school diploma or equivalent General Education Development (GED);
				and
(D) Possess a minimum of three
				(3) years experience in the design, repair, operation or inspection of
				amusement rides and devices; and
(E) Possess knowledge of the requirements of
				the American Welding Society pertaining to the welding of parts; and
(F) Possess basic knowledge of requirements
				of NFPA 70,
National Electrical Code,
Article 525-Camivals,
				circuses, fairs, and similar events; and
(G) Possess basic principles of mechanical
				and structural engineering; and
(H)
				Shall be familiar with nondestructive testing procedures; and
(I) Possess basic knowledge of the American
				Society for Testing and Materials (ASTM) requirements for amusement rides and
				devices; or
(J) Certified by the
				National Association of Amusement Ride Safety Officials (NAAR-SO) to have and
				maintain at least a level one certification; or
(K) Shall provide documentation as being a
				certified amusement ride inspector with the American Industry Manufacturing and
				Suppliers (AIMS) and meets such qualifications as are established by the
				Amusement Ride Safety Board.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.065 - Assignment/Contract Criteria-Qualified Inspector

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is to reduce potential conflict of
				  interest issues between the contracted inspector and amusement ride
				  owner.
(1) No qualified
				inspector will be assigned/contracted to conduct an investigation into an
				incident under this Act if a "conflict of interest" issue is present. The
				division will resolve questions involving a potential "conflict of
				interest."
*Original authority: 316.206, RSMo
					 1997.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.070 - Liability Insurance Coverage-Qualified Inspector; Required

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires the contracted inspector
				  to have liability insurance.
(1) A qualified inspector,
				assigned/contracted by the division is required to show proof of liability
				insurance in the amount of one (1) million dollars.
*Original authority: 316.206, RSMo
					 1997.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.075 - Owner; Maintain Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule specifies maintenance record
				  keeping requirements by the amusement ride owner and authorizes access to such
				  records by the Division of Fire Safety.
(1) The owner of an amusement ride shall
				maintain the following records and make them available to the division and/or
				the contracted qualified inspector:
(A) Daily
				inspection records shall be prepared and maintained by the owner or operator
				who shall be experienced and knowledgeable in the proper assembly and operation
				of the ride. The inspection and tests shall include operation of control
				devices, speed-limiting devices, brakes and other safety equipment. The
				inspection shall be made each day the ride is open to the public;
(B) Tests recommended by the manufacturer, to
				include but not limited to nondestructive testing, shall be recorded and a copy
				made available to the division and/or contracted qualified inspector. Evidence
				of satisfactory test results shall be recorded on a form or statement by one
				(1) of the following:
1. The manufacturer of
				the ride;
2. An insurance carrier
				lawfully doing business in Missouri and carrying public liability insurance on
				the ride; or
3. A registered
				licensed professional engineer; and
(C) A complete history file, to include
				current owner's manual, any operational manuals or maintenance guides, complete
				maintenance, inspection, accident, and testing records for each amusement ride
				shall be maintained by the company for at least three (3) years. The current
				year's history file shall be available on-site and the owner shall make such
				records available to the division or his/her designee or qualified inspector
				upon request. Failure to have, maintain, or make available for review the
				materials described above constitutes grounds for the division to temporarily
				suspend a ride's operating permit during the term of failure or
				refusal.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.080 - Operator; Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides specific safety
				  procedures to the operator of an amusement ride.
(1) No person shall operate an amusement ride
				unless he or she is at least sixteen (16) years of age.
(2) The operator shall operate no more than
				one (1) amusement ride at any given time, even if automatic timing devices are
				used to control the time cycle of the ride.
(3) An operator shall be in attendance at all
				times and within arms length of the operator's station when the ride is in
				operation.
(4) The operator shall
				be trained in the proper use and operation of the amusement ride as provided
				for in American Society of Testing and Materials F770 and American Society of
				Testing and Materials F853. Verification of such training shall be made
				available upon request.
(5) The
				operator shall ensure that all passengers' safety devices are in place around
				patrons before starting.
(6) The
				operator shall not operate or be in physical control of any amusement ride
				while under the influence of alcohol, a controlled substance, or drug, or any
				combination thereof. For the purposes of this section, the term "controlled
				substance" includes substances defined by Chapter 195, RSMo.
(7) The operator shall ensure that no one is
				permitted on a ride while carrying any article, i.e., food, beverages,
				packages, lighted cigarettes, etc., which could endanger the rider or
				spectators.
(8) The operator shall
				be an employee of the owner.
(9)
				Based upon probable cause, the operator of an amusement ride shall submit to a
				breath test or chemical tests of blood, saliva, or urine to determine the
				alcohol or drug content.
*Original authority: 316.206, RSMo
					 1997.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.085 - Passenger/Rider Responsibility/Conduct; Posting Rules

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is to specify passenger/rider
				  rules and make these rules known by posting signs outlining such rules,
				  responsibilities and conduct of the passenger/rider.
(1) No amusement ride shall be operated in
				this state unless there are posted safety rules and responsibilities of
				passenger/rider based upon standards set forth by the American Society for
				Testing and Materials. Signs presented for instruction to the public shall be
				prominently placed at each ride, bold in design, with wording short, simple and
				to the point.
(2) Any amusement
				ride, which is subject to guardian, height, or weight requirement established
				by manufacturer, owner, or operator, shall have such legible restriction in
				plain view at the loading area to the ride. Such restrictions shall not be
				waived.
(3) A passenger/rider on an
				amusement ride shall, at a minimum-
(A) Obey
				the reasonable safety rules posted in accordance with this act and oral
				instructions for an amusement ride issued by the amusement ride owner or such
				owner's employee or agent.
(B)
				Refrain from acting in any manner that may cause or contribute to injuring such
				passenger/rider or others, including:
1.
				Interfering with safe operation of the amusement ride;
2. Not engaging any safety devices that are
				provided;
3. Disconnecting or
				disabling a safety device except at the express instruction of the
				operator;
4. Altering or enhancing
				the intended speed, course or direction of an amusement ride;
5. Extending arms and legs beyond the carrier
				or seating area except at the express direction of the ride operator;
6. Throwing, dropping or expelling an object
				from or toward an amusement ride;
7. Getting on or off an amusement ride except
				at the designated time and area, if any, at the direction of the ride operator,
				or in an emergency;
8. Unreasonably
				controlling the speed or direction of such passenger or an amusement ride;
				and
9. A rider may not board or
				attempt to board any amusement ride while under the influence of alcohol, a
				controlled substance, or drug, or any combination thereof, as defined by
				Chapter 195, RSMo.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.090 - Denial of Entry; Passenger/Rider

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prohibits any person entry to an
				  amusement ride if such entry may jeopardize their safety or the safety of
				  others.
(1) The operator of
				an amusement ride may deny a person entry to an amusement ride if, in the
				owner's or operator's opinion, such entry may jeopardize the safety of such
				person or the safety of any other person.
(2) Nothing in this Act will permit an owner
				or operator to deny a division contracted inspector or designee access to an
				amusement ride when such individual is acting within the scope of his/her
				duties under this Act.
*Original authority: 316.206, RSMo
					 1997.
Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 6 - Amusement Rides › Section 11 CSR 40-6.095 - Violation; Penalty

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines the penalty for violations
				  of this Act.
(1) Any person
				who violates the provisions of this section shall be guilty of a class A
				misdemeanor. Each day a violation continues shall constitute a separate
				offense.
(2) Any person who
				interferes with, impedes, or obstructs in any manner the director or any
				authorized representative of the department in the performance of their duties
				under this Act shall be guilty of a class A misdemeanor.
*Original authority: 316.206, RSMo
					 1997.