Colorado Safety Bulletin Update

Dear Colorado ACCT Members,

Friday, June 21, 2019, you may have received a Colorado Immediate Shutdown Bulletin addressing Giant Swings and similar activities. It is understandable that camp managers or other youth-serving organizations may be concerned this bulletin affects their operation. This email includes some information about the incident prompting the notice, a copy of the bulletin, and information about Colorado regulation.  This email is designed to help you be clear about your response to this state notice. 

First, the bulletin does not affect sites that meet the following criteria:  1) already inspected by the State of Colorado and 2) already licensed by the State of Colorado.  If your site is not licensed by the State Department of Oil and Public Safety, then this bulletin MAY affect you.  If you have a pay-for-play relationship between your giant swing and the patrons at your site, then you may need a State of Colorado Inspection and License.  Let me give you some in information about the incident prompting the state's action.

Last week, a woman was injured in a fall approximately 13 feet from a platform to the ground at the start of a giant swing type activity.  It was relayed to authorities that she landed on her feet and was subsequently transported to a hospital.  Initial information suggests that the accident was related to operator error.  Further information will be provided after the investigation by authorities.  The site operates commercially and may have believed the Giant Swing was not a regulated device.  In the state of Colorado, a Giant Swing is regulated IF a site operates commercially. 

Under Colorado regulation, it is the nature of the relationship between the patron and the site which determines if the site must be regulated.  The type of challenge activity is not the primary determining factor in the requirement to regulate.  Those activities addressed by the ACCT Standards can be regulated in the state.  The state uses the definitions in the ACCT Standard to determine if the type of activity could be regulated.  If a site charges a separate fee for users to participate in an activity like a Giant Swing, Paper Pole, Zip Line or Challenge Course than you may need to acquire a Colorado Amusement License.  IF the activities are included in the overall fee for use at your camp, then you are likely exempt.

Sites which meet the state regulation exemption from licensure are also exempt.  IF an inspector has any question about whether or not the sites they inspect are exempt, please contact Scott Andrews, Policy Director at the ACCT office, 303.827.2432 or Scott Narreau, Program Manager State of Colorado Amusement Division at 303.809.9354 or scott.narreau@state.co.us  to clarify IF a license is required. 

Regardless of your regulation status, those running adventure activities are strongly encouraged to do the following:

·        review basic safety procedures with staff.  Two to four weeks into the season is a great time to assure they are doing what they were trained to do and have not created any new practices.

·        document this review in your challenge course training records.

·        document this review in each staff’s employment or volunteer records.

·        have supervisors spot check for compliance on safety procedures.

Contact the ACCT Policy Director or your ACCT Professional Vendor Member if you have any questions or concerns about these encouragements.

NOTIFICATION
Operation of Swing Devices
Shutdown: Effective Immediately

June 21, 2019

In response to an incident involving a patron at Mid-Air Adventures, LLC, that occurred on June 20, 2019, the State of Colorado Amusement Rides and Devices Program is taking immediate action in the interest of public safety.

A swing device operating on a pendulum and designed to provide an experience similar to a free-fall was involved in an incident resulting in reportable injuries on June 20, 2019.

According to our records, several devices of this nature are operating in the State of Colorado.

Registered devices with a current certificate of inspection and permit may continue to operate.

Any operators in the State of Colorado that have an unregistered swing device (sometimes known as a “Giant Swing,” “Swing By Choice,” “Pendulum Swing” or “King Swing”) must be shut down. This action is effective immediately and must continue until a permit is issued from the State of Colorado Amusement Rides and Devices Program.

These unregistered devices may not operate to the public until:

1. An approved inspector completes an inspection for the devices.
2. The devices are registered with our program and a permit is issued.

If you have any questions, please contact Scott Narreau, Program Manager, at 303-809-9354, or at scott.narreau@state.co.us. You may also contact Dave Knight, Program Inspector, at 303-514-3281.

Thank you for your work in the State of Colorado. We appreciate your cooperation and diligence.