reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.22 - Filing of ASA description by governing body; recording of the ASA description

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Responsibility of governing body.
Within 10 days of the
				  effective date of the creation or modification of an ASA, as described in
				  §
										138l.21 (relating to effective date
				  of the creation or modification of an ASA), the governing body shall file a
				  description of the ASA with the following:
(1) The recorder of deeds of any county
				  within which the ASA is located.
(2) The county planning commission.
(3) The planning commission of the local
				  government unit.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.23 - Notification of Secretary by governing body

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Responsibility of the governing
				  body.
Within 10 days of the recording of the ASA, as described in
				  §
										138l.22 (relating to filing of ASA
				  description by governing body; recording of the ASA description), the governing
				  body shall notify the Secretary that the ASA has been approved, modified or
				  terminated. This notification shall be accomplished by mailing written
				  notification to the address in §
										138l.3 (relating to contacting the
				  Department).
(b)
Contents
				  of notice.
The written notice described in subsection (a) shall
				  include the following information:
(1) The
				  number of landowners whose land is in the ASA. The notification shall include
				  only one landowner when land is under multiple ownership or is comprised of
				  multiple parcels or accounts.
(2)
				  The total acreage of the ASA.
(3)
				  The effective date of the approval, modification or termination.
(4) The date upon which the approval,
				  modification or termination was recorded in accordance with §
				  138l.22.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.24 - Planning commission action with respect to an ASA proposal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Record
				  of the date of receipt.
If a governing body submits an ASA proposal
				  and all proposed modifications to a planning commission in accordance with
				  §
										138l.17(e) 
				  (relating to local government unit action upon receipt of an ASA proposal), the
				  planning commission shall retain a record of the date upon which the referenced
				  materials are received. This may be accomplished by time-stamping the
				  documents, providing the governing body written confirmation of the date of
				  receipt or other reasonable means of creating a record of the date upon which
				  the documents were received.
(b)
45-day review period.
A planning commission shall have up to
				  45 days from receipt of an ASA proposal and any proposed modifications from the
				  governing body within which to submit a report to that governing body. If the
				  planning commission fails to submit this report to the governing body within
				  the 45-day review period, this failure to act shall be deemed to constitute the
				  planning commission's approval of the ASA proposal. A report is considered
				  "submitted" when it is delivered to the governing body.
(c)
Factors to be
				  considered.
The planning commission shall consider the factors in
				  §
										138l.26 (relating to factors to be
				  considered by the governing body of the local government unit, the planning
				  commission and the advisory committee) in reaching its recommendation
				  concerning the ASA proposal and proposed modifications.
(d)
Contents
of report.
(1)
Report by a county planning
				  commission.
If the planning commission described in subsection (b) is
				  a county planning commission, its report shall contain that body's
				  recommendations concerning the proposal and proposed modifications.
(2)
Report by a planning commission
				  that is not a county planning commission.
If the planning commission
				  described in subsection (b) is not a county planning commission, its report
				  shall relate the potential effect of the proposal and proposed modifications
				  upon the local government's planning policies and
				  objectives.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.25 - Advisory committee action with respect to an ASA proposal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Record
				  of the date of receipt.
If a governing body submits an ASA proposal
				  and all proposed modifications to an advisory committee in accordance with
				  §
										138l.17(e) 
				  (relating to local government unit action upon receipt of an ASA proposal), the
				  advisory committee shall retain a record of the date upon which the referenced
				  materials are received. This may be accomplished by time-stamping the
				  documents, providing the governing body written confirmation of the date of
				  receipt or other reasonable means of creating a record of the date upon which
				  the documents were received.
(b)
45-day review period.
An advisory committee shall have up to
				  45 days from receipt of an ASA proposal and any proposed modifications from the
				  governing body within which to submit a report to that governing body. If the
				  advisory committee fails to submit this report to the governing body within the
				  45-day review period, this failure to act shall be deemed to constitute the
				  advisory committee's approval of the ASA proposal. A report is considered
				  "submitted" when it is delivered to the governing body.
(c)
Factors to be
				  considered.
The planning commission shall consider the factors in
				  §
										138l.26 (relating to factors to be
				  considered by the governing body of the local government unit, the planning
				  commission and the advisory committee) in reaching its recommendation
				  concerning the ASA proposal and proposed modifications.
(d)
Contents of report.
The
				  report of an advisory committee shall contain that body's recommendations
				  concerning the proposal and proposed modifications.
This section cited in 7 Pa. Code §
												138l.18 (relating to public hearing
						by local government unit on ASA
						proposal).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.26 - Factors to be considered by the governing body of the local government unit, the planning commission and the advisory committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Factors.
The governing
				  body of the local government unit, the planning commission and the advisory
				  committee shall consider the following factors in their respective reviews of
				  an ASA proposal and proposed modifications:
(1)
Soil quality.
Land
				  proposed for inclusion in an ASA shall have soils which are conducive to
				  agriculture. This factor will have been satisfied without further consideration
				  if the land to be included in the ASA meets one or more of the following
				  standards:
(i) At least 50% of the land
				  contains soils classified in Land Capability Classes I-IV.
(ii) At least 50% of the land falls within
				  the Land Capability Class for "unique farmland."
(iii) At least 50% of the land contains soils
				  that do not meet Land Capability Classes I-IV, but the land is in current
				  active farm use and is being maintained in accordance with a soil erosion and
				  sedimentation plan applicable to that land.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter C - ADDING LAND TO AN EXISTING ASA › Section 138l.31 - Adding land to an existing ASA

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Adding land to an ASA located entirely within the same local government
				  unit as the land proposed for inclusion.
If an ASA is entirely
				  contained within a single local government unit, land that is located within
				  that same local government unit may be added to the ASA at any time, using the
				  same process and procedure that is followed for the initial creation of an ASA,
				  as set forth in this chapter.
(b)
Adding land to an ASA located within two or more local government
				  units, where the land proposed for inclusion lies entirely within the local
				  government units in which the existing ASA is located.
If an ASA is
				  contained within two or more local government units, land that is located
				  entirely within the local government units in which the ASA is located may be
				  added to the ASA at any time, using the same process and procedure that is
				  followed for the initial creation of an ASA, as set forth in this
				  chapter.
(c)
Adding land to
				  an ASA where the land proposed for inclusion lies entirely outside the local
				  government units in which the ASA is located.
If an ASA is contained
				  within one or more local government units, land that is located in a local
				  government unit outside of a local government unit within which the ASA is
				  located may be added to an ASA at any time, if the following apply:
(1) Prior to the submission of the proposal,
				  the local government unit in which the land proposed for inclusion is located
				  and each local government unit in which the existing ASA is located have
				  adopted an ordinance or resolution allowing all of the land (including, at a
				  minimum, both the land in the existing ASA and the land proposed for inclusion)
				  to be part of a single ASA located within all of the local government
				  units.
(2) The addition is made
				  using the same process and procedure that is followed for the initial creation
				  of an ASA, as set forth in this chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter C - ADDING LAND TO AN EXISTING ASA › Section 138l.32 - Automatic inclusion of certain parcels bisected by the dividing line between local government units

Current through Register Vol. 54, No. 28, July 13, 2024
If a parcel of farmland is bisected by the dividing line
					 between two local government units, the entire parcel shall be automatically
					 included in an ASA-whether in the initial creation of the ASA or by
					 modification of an existing ASA-if the following apply:
(1) The two local government units are in the
				  same county.
(2) The parcel meets
				  the eligibility requirements for inclusion in an ASA.
(3) A proposal for creation or modification
				  of an ASA has been submitted to the governing body of one of the local
				  government units in which the parcel is located, as set forth in this chapter,
				  seeking the following:
(i) In the case of a
				  proposal for the creation of an ASA: the inclusion of the entire parcel in the
				  ASA.
(ii) In the case of a proposal
				  for the modification of an existing ASA, where no portion of the parcel is
				  within that existing ASA: the inclusion of the entire parcel within the
				  ASA.
(iii) In the case of a
				  proposal for the modification of an existing ASA, where a portion of the parcel
				  is part of the existing ASA: the inclusion of the remainder of the parcel
				  within the ASA.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter C - ADDING LAND TO AN EXISTING ASA › Section 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

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
If a parcel of farmland is bisected by the dividing
				  line between two local government units, and the portion of the parcel in one
				  local government unit is within an ASA and the portion of the parcel in the
				  other local government unit is not, the portion of the parcel that is not
				  within an ASA shall be automatically included in the ASA if the following
				  apply:
(1) A majority of the parcel's viable
				  agricultural land lies within the local government unit in which the ASA is
				  located.
(2) An agricultural
				  conservation easement is purchased by any of the following with respect to the
				  parcel:
(i) The county.
(ii) The county and the Commonwealth,
				  jointly.
(iii) The county and a
				  local government unit, jointly.
(iv) The county, the Commonwealth and a local
				  government unit, jointly.
Example:
A 100-acre parcel of farmland is
					 comprised of 80 acres in Township A and 20 acres in Township B. The 80-acre
					 portion of the parcel is within an ASA established by Township A. The majority
					 of the parcel's viable agricultural land is in Township A. The county purchases
					 an agricultural conservation easement with respect to the parcel. Under these
					 facts, as of the purchase of the agricultural conservation easement the 20-acre
					 portion of the parcel located in Township B becomes part of the ASA covering
					 the 80-acre portion of the parcel.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter C - ADDING LAND TO AN EXISTING ASA › Section 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

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
If a parcel of farmland is bisected by the dividing
				  line between two counties, and the portion of the parcel in one county is
				  within an ASA and the portion of the parcel in the other county is not, the
				  portion of the parcel that is not within an ASA shall be automatically included
				  in the ASA if the following apply:
(1) One of
				  the following applies:
(i) There is a mansion
				  house on the parcel of farmland, and it is located in the county within which
				  the existing ASA is located.
(ii)
				  There is a mansion house on the parcel of farmland, and the mansion house is
				  bisected by the dividing line between the two counties. The landowner has
				  designated the county within which the ASA is located as the situs of
				  assessment for tax purposes.
(iii)
				  There is no mansion house on the parcel of farmland, but the majority of the
				  parcel's viable agricultural land lies within the existing ASA.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter D - REMOVING LAND FROM AN EXISTING ASA › Section 138l.41 - Removing land that has been in an ASA for 7 years or more

Current through Register Vol. 54, No. 28, July 13, 2024
(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
				  body of the local government unit in which the ASA is situated a written
				  notification to have the land deleted from the ASA. The written notification
				  shall contain information sufficient to identify the land to be removed, and
				  shall include the acreage of the land to be removed.
(2) The written notification is submitted by
				  certified mail, with return receipt requested.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter D - REMOVING LAND FROM AN EXISTING ASA › Section 138l.42 - Removing land in the course of the 7-year review or an interim review

Current through Register Vol. 54, No. 28, July 13, 2024
(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 (relating to 7-year
				  review), or the interim review process described in §
										138l.52 (relating to interim
				  review), and the following apply:
(1) The
				  landowner submits to the governing body of the local government unit in which
				  the ASA is situated a written notification to have the land deleted from the
				  ASA. The written notification shall contain information sufficient to identify
				  the land to be removed, and shall include the acreage of the land to be
				  removed.
(2) The written
				  notification is submitted by certified mail, with return receipt
				  requested.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter E - SEVEN-YEAR REVIEW AND INTERIM REVIEW › Section 138l.51 - Seven-year review

Current through Register Vol. 54, No. 28, July 13, 2024
(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 body conducting a 7-year review shall request
				  the recommendations of the planning commission, the county planning commission
				  and the advisory committee with respect to the ASA that is being reviewed. The
				  governing body shall seek and obtain these recommendations on its own
				  timetable, but sufficiently in advance of the end of the 7th year to allow a
				  summary of the recommendations of these advisory bodies to be included in the
				  notice described in subsections (c)-(e).
(c)
Notice required 30 days or more
				  before commencement of review.
The governing body conducting a 7-year
				  review shall, at least 30 days prior to the commencement of a 7-year review,
				  provide notice of the 7-year review of the ASA and the public hearing to be
				  held as part of that review.
(d)
Notice procedure.
The notice described in subsection (c) shall
				  be accomplished by doing the following:
(1)
				  Publishing a hearing notice in a newspaper having general circulation in the
				  area in which the ASA is located.
(2) Providing a written hearing notice to any
				  person owning land within the ASA.
(3) Posting a written hearing notice in at
				  least five conspicuous places within, adjacent to or near the ASA.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter E - SEVEN-YEAR REVIEW AND INTERIM REVIEW › Section 138l.52 - Interim review

Current through Register Vol. 54, No. 28, July 13, 2024
(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 the ASA, in accordance with the procedure in
				  this section.
(b)
Advisory
				  bodies to be consulted.
If the governing body elects to pursue the
				  interim review described in subsection (a), it shall request, in writing, that
				  the planning commission, the county planning commission and the advisory
				  committee review the ASA and make recommendations with respect to modification
				  or termination of the ASA within 30 days of receiving the written
				  request.
(c)
Responsibility
				  of advisory bodies.
The advisory bodies referenced in subsection (b)
				  shall issue written recommendations within 30 days of receiving a request for
				  recommendations from the governing body.
(d)
Public hearing
				  requirements.
If the governing body elects to pursue the interim
				  review described in subsection (a), it shall conduct a public hearing no sooner
				  than 45 days after it submits its request for recommendations to the planning
				  commission, the county planning commission and the advisory committee. The
				  governing body shall provide the same notice for the public hearing as is
				  described in §
										138l.18(b) and (c)
				  (relating to public hearing by local government unit on ASA
				  proposal).
(e)
Location of
				  public hearing.
The public hearing described in subsection (d) shall
				  be held at a place either within the proposed ASA or at a location readily
				  accessible to the proposed ASA-such as a nearby municipal building.
This section cited in 7 Pa. Code §
												138l.31 (relating to adding land to
						an existing ASA); and 7 Pa. Code §
												138l.42 (relating to removing land
						in the course of the 7-year review or an interim
						review).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(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 temporarily at carnivals, fairs, amusement parks or any other
				  location in this Commonwealth.
(b)
				  This chapter applies to new and existing commercially used amusement rides and
				  attractions subject to the act.
(c)
				  This chapter does not apply to:
(1) An
				  attraction principally devoted to the exhibition of products of agriculture,
				  industry, education, science, religion or the arts.
(2) Single passenger, coin-operated,
				  manually, mechanically or electrically operated rides except where admission is
				  charged for the use of the equipment.
(3) Licensed watercraft regulated by the Fish
				  Commission or the United States Coast Guard.
(4) Aircraft regulated by the Federal
				  Aviation Administration.
(5)
				  Devices, including trains, regulated by the United States Government.
(6) Ski lifts, elevators or rides to the
				  extent they are registered and regulated by any other agency of the
				  Commonwealth.
(7) Amusement
				  attractions, and amusement rides regulated by another Commonwealth agency and
				  waterslides, to the extent that they are regulated by the Department of Health
				  for pool design, sanitary facilities and similar features.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.3 - Compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(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 compliance with this chapter may not be used or occupied except
				  as provided in subsection (c).
(c)
Nonconforming individual units
. Where only individual units of
				  a ride, such as cars, seats or other carriers are defective and not in
				  compliance with this chapter, the units shall either be removed from the
				  operating area of the ride or shall be taken out of service and clearly marked
				  with a sign reading "Out of Service" if the defects or removal do not
				  jeopardize the safety of the entire ride or attraction.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.4 - Registration

Current through Register Vol. 54, No. 28, July 13, 2024
(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)
Duration of
				  registration
. Registration of an amusement ride or an amusement
				  attraction shall expire as of the earlier of the following:
(1) January 1 of the year immediately
				  following the year with respect to which the registration is issued.
(2) The date upon which the registered
				  amusement ride or amusement attraction undergoes a major
				  modification.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.5 - Insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(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 attraction. The insurance policy shall be procured from an
				  insurer or surety authorized to do business in this Commonwealth or eligible to
				  do business under the surplus lines insurance provisions established under
				  Article XVI of The Insurance Company Law of 1921 (40 P. S. §
											§
											991.1601-991.1625).
(1) If the ride or attraction is a Class I
				  amusement ride or attraction, the minimum limits of the policy must be $100,000
				  per occurrence and $300,000 in the aggregate.
(2) If the ride or attraction is a Class II
				  amusement ride or amusement attraction, the minimum limits of the policy must
				  be $250,000 per occurrence and $500,000 in the aggregate.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.6 - Itinerary

Current through Register Vol. 54, No. 28, July 13, 2024
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 for use by the public in this
					 Commonwealth. This delivery may be accomplished by mail, e-mail, personal
					 delivery or fax transmission to the fax number provided in §
										139.14 (relating to contacting the
					 Department). The itinerary must include the following:
(1) The name of the amusement ride or
				  amusement attraction owner.
(2) The
				  park owner.
(3) The carnival, fair,
				  activity sponsor and, if available, the name and telephone number of a contact
				  person for the event.
(4) The
				  address and telephone number of the activity site, the fax number of the site
				  (if available) and an e-mail address for the site (if available).
(5) The dates open to the public.
(6) The name of a contact person on site if
				  available.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.8 - Inspection affidavits

Current through Register Vol. 54, No. 28, July 13, 2024
(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, that the amusement ride or amusement attraction has
				  been inspected in accordance with the requirements of the act and this chapter,
				  and meets those requirements. A single inspection affidavit may pertain to
				  multiple amusement rides or amusement attractions.
(b)
Filing the inspection
				  affidavit
. An owner or lessee shall file an inspection affidavit with
				  the Department within 48 hours of the inspection. Filing shall be accomplished
				  in accordance with §
										139.14 (relating to contacting the
				  Department).
(c)
Copy of
				  inspection affidavit to be retained for inspection onsite
. An owner or
				  lessee shall be responsible to ensure that a copy of the inspection affidavit
				  described in subsection (b) is retained at the site where the amusement ride or
				  amusement attraction is being operated for public use. The inspection affidavit
				  shall be made available for inspection upon request of the Department. The
				  Department may retain the onsite copy of the inspection affidavit, provide the
				  owner, lessee, operator or attendant a receipt for the same, and allow the
				  amusement ride or amusement attraction to continue being operated for public
				  use.
(d)
Notice of
				  compliance to be posted
. An owner or lessee of an amusement ride or
				  amusement attraction shall post a notice advising the public of compliance with
				  the act. This notice is in addition to any registration plate issued in
				  accordance with §
										139.4 (relating to registration).
				  The notice shall be posted at a place readily observed by the public and
				  consist of a sign made of durable material suitable for the location where it
				  is posted. The notice must be on a bright green background, with white
				  lettering. The size of the letters must be at least 1/2 inch in height and 1/8
				  inch width stroke reading:
THIS RIDE HAS (OR ALTERNATE-THE RIDES IN THIS PARK,
					 CARNIVAL, FAIR, ETC. HAVE) BEEN INSPECTED AS REQUIRED BY THE PENNSYLVANIA
					 AMUSEMENT RIDE INSPECTION ACT.
This section cited in 7 Pa. Code §
												139.7 (relating to inspection); and
						7 Pa. Code §
												139.9 (relating to qualified
						inspectors).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.10 - Advisory Board

Current through Register Vol. 54, No. 28, July 13, 2024
(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 manufacturers.
(2) Two representatives of the Pennsylvania
				  State Showmen's Association.
(3)
				  Two representatives of the Pennsylvania Amusement Park Association.
(4) A representative of the Pennsylvania
				  State Association of County Fairs.
(5) A mechanical engineer.
(6) Two public representatives.
(7) The Secretary or a designee, who will be
				  designated by the Governor as the Chairperson.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.11 - Accident reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(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 accident report form shall be faxed or delivered
				  to the Department, at the address or fax number in §
										139.14 (relating to contacting the
				  Department), within 48 hours after the owner, lessee or operator is aware of
				  the death, serious injury or illness. The reporting requirement described in
				  this subsection applies from the time the owner or lessee acquires knowledge
				  that such a death has occurred, or that the injury or illness is a serious
				  injury or illness, as that term is defined in §
										139.2 (relating to definitions) and
				  section 2 of the act (4 P. S. §
											402).
(b)
Accident report form
. An
				  accident report required under the act and this section shall be made on a form
				  provided by the Department. The accident report form may be downloaded from the
				  Department's web site, or a supply of accident report forms may be obtained
				  from the Department by request directed to the Department in accordance with
				  §
										139.14. The following information
				  shall be included in an accident report:
(1)
				  The name and address of the operator of the amusement ride or amusement
				  attraction at which the death or serious injury or illness occurred.
(2) The name and address of the owner or
				  lessee of the amusement ride or amusement attraction at which the death or
				  serious injury or illness occurred.
(3) A description of the ride involved,
				  including registration number, name of ride, manufacturer and manufacturer's
				  serial number.
(4) A detailed
				  description of the incident giving rise to the death or serious injury or
				  illness.
(5) The name and address
				  of the dead, ill or injured person.
(6) A general summary of the apparent illness
				  or injuries sustained by each dead, ill or injured person.
(7) The names and addresses of all known
				  witnesses to the incident giving rise to the death, illness or
				  injury.
(8) The signature of the
				  owner or lessee, verifying the accuracy of the injury report form subject to
				  the penalties of
				  18 Pa.C.S. §
												4904
				  (relating to unsworn falsification to authorities).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.12 - Variances

Current through Register Vol. 54, No. 28, July 13, 2024
(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, regulations and standards
				  adopted by the Department under the act if one of the following applies:
(1) It is evident that the action is
				  necessary to prevent undue hardship.
(2) Existing conditions prevent practical
				  compliance and reasonable safety of the public can, in the opinion of the
				  Secretary, be assured.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.13 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(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 person who is the proposed subject of that
				  civil penalty with written notice of the proposed adjudication assessing the
				  civil penalty, and afford that person 7 working days from receipt of that
				  notice within which to deliver to the Department a written request for an
				  administrative hearing on the proposed civil penalty.
(3) A written request for an administrative
				  hearing must specify those portions of the proposed adjudication with respect
				  to which the person requesting the hearing takes issue, the basis for the
				  objection and other relevant facts or arguments not addressed in the proposed
				  adjudication. The administrative hearing will be limited to these objections,
				  additional facts or arguments. Any portion of the proposed adjudication that is
				  not specifically objected to will be deemed admitted at the administrative
				  hearing.
(4) The Department will,
				  in accordance with section 11(a) of the act (4 P. S. §
												411(a)), grant an
				  administrative hearing within 7 days of receiving a written request for an
				  administrative hearing. The Department will grant this hearing by mailing or
				  delivering a notice to the person making the request, setting forth the date,
				  time and location of the administrative hearing. An administrative hearing is
				  "granted" for purposes of section 11(a) of the act if the referenced notice is
				  mailed or delivered within the 7-day period, regardless of whether the actual
				  scheduled date of the administrative hearing is before or after the expiration
				  of the referenced 7-day period.
(5)
				  If a timely request for an administrative hearing is not received, the
				  Department will issue the proposed adjudication as its final adjudication, and
				  deliver that final adjudication to the subject of that document.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter A - REGISTRATION AND INSPECTION › Section 139.14 - Contacting the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(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 Cameron Street Harrisburg, PA
					 17110-9408
(2) By telephone
				  to (717) 787-2291.
(3) By fax to
				  (717) 783-4158.
(4) By e-mail to:
				  ra-amusementrides@state.pa.us.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter B - DESIGN AND CONSTRUCTION › Section 139.41 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(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. Structural materials and construction of rides and
				  attractions must conform to recognized engineering practices, procedures,
				  standards and specifications. This information shall also be furnished by the
				  owner or operator for existing rides and attractions if required by the
				  Department. Stress analysis and other data pertinent to the design, structure,
				  factors of safety or performance characteristics shall be in accordance with
				  accepted engineering practices.
(b)
ASTM International F-24 Committee Standards
. Manufacturers and
				  fabricators of amusement rides and attractions shall comply with current ASTM
				  International F-24 Committee Standards concerning amusement rides and devices
				  as they pertain to manufacturer responsibilities for equipment design, testing,
				  erection, operation maintenance and inspections. These ASTM International F-24
				  Committee Standards and subsequent amendments are incorporated by
				  reference.
(c)
Changes or
				  modifications
.
(1) The applicable
				  standards shall be the ASTM International F-24 Committee Standards in effect as
				  of the earlier of the following:
(i) The date
				  of contract for original manufacture of the amusement ride or
				  attraction.
(ii) The date of the
				  bill of sale from the manufacturer to the original purchaser of the amusement
				  ride or attraction.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter B - DESIGN AND CONSTRUCTION › Section 139.42 - Structures

Current through Register Vol. 54, No. 28, July 13, 2024
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 Construction Code Act unless
					 exempted under that statute or its attendant regulations, and shall have posted
					 therein a certificate of occupancy issued by a building code official in
					 accordance with the Pennsylvania Construction Code Act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter C - OPERATION, MAINTENANCE AND RECORDS › Section 139.71 - General requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(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 pertain to owner/lessee/operator responsibilities for equipment erection,
				  testing, operation, maintenance and inspection. Changes or modifications to the
				  ASTM International F-24 Committee Standards after this registration date may
				  not apply to the amusement ride or amusement attraction unless the standards
				  themselves require retroactive implementation or the Department makes adherence
				  to these new standards a condition of registration.
(b) An amusement ride or amusement attraction
				  must be constructed, maintained and operated in strict accordance with the
				  applicable ASTM International F-24 Committee Standards. If the attraction is
				  modified, the latest version of the ASTM International F-24 Committee Standards
				  apply to the change, alteration or modification. If the modification is a major
				  modification, the owner, operator or manufacturer shall also comply with §
										139.78 (relating to rebuilt and
				  modified rides).
(c) Air
				  compressors and hydraulic equipment shall be inspected under §
										139.43(13)
				  (relating to passenger-carrying rides).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter C - OPERATION, MAINTENANCE AND RECORDS › Section 139.73 - Electrical system and equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(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
				  passenger shall be provided with an emergency stop switch placed within easy
				  reach of the operator. A second back up-dead man, timer or safety switch, wired
				  in series with the primary start/stop switch, shall be added to kiddie rides to
				  provide added safety from unauthorized starting of the device. The safety
				  switch shall be deenergized at the end of each ride cycle by the
				  operator.
(c) Where electrical
				  distribution and transmission lines have not been deenergized or where special
				  insulating barriers to prevent physical contact with the lines have not been
				  erected, a person shall be designated to give timely warning for all maneuvers
				  of equipment, ride structures and machinery operated proximate to the lines so
				  that ample clearance is maintained.
(d) Electrical wiring and equipment located
				  outdoors shall be of a quality and constructed or protected that exposure to
				  weather will not interfere with its normal operation.
(e) Electrical transformer stations must be
				  properly enclosed and proper warning signs shall be posted.
(f) Outlets of more than 120 volts must be
				  clearly marked to show their voltage.
(g) Services shall be installed in
				  conformance with Article 525 of the
National Electrical Code
.
(h) Temporary electrical power
				  and lighting installation shall be permitted during periods of construction,
				  remodeling or demolition activities. Temporary electrical power and lighting
				  shall be permitted for a period not to exceed 90 days when associated with
				  operating amusement rides or attractions.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-D - Amusement Rides and Amusement Attractions › Chapter 139 - AMUSEMENT RIDES AND ATTRACTIONS ERECTED PERMANENTLY OR TEMPORARILY AT CARNIVALS, FAIRS AND AMUSEMENT PARKS › Subchapter C - OPERATION, MAINTENANCE AND RECORDS › Section 139.75 - Fire protection and prevention

Current through Register Vol. 54, No. 28, July 13, 2024
(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
				  within 20 seconds of a person spotting a fire, and shall be sufficiently
				  removed or protected from highly-flammable or exploding material to prevent
				  their damage or destruction in the initial explosion or flames.
(b) Flammable waste, such as oily rags or
				  other flammable materials, shall be placed in covered metal containers which
				  shall be kept in easily accessible locations. The containers may not be kept at
				  or near exits.
(c) Gasoline and
				  other flammable liquids and flammable gases when stored shall be kept in
				  reasonably cool and ventilated places. The liquids shall be in approved
				  containers. Smoking and the carrying of lighted cigars, cigarettes, or pipes is
				  prohibited in an area where liquids or gases are stored or are transferred from
				  one container to another.
(d)
				  Fabrics constituting part of an amusement ride must:
(1) Conform to the following requirements,
				  based on tests conducted in accordance with ASTM-E-84, or its current successor
				  document:
(i) Flame spread rating of 0 to
				  75.
(ii) Smoke development of 0 to
				  450.