PRINTER'S NO. 4071
No. 2980 Session of 1992
INTRODUCED BY MAYERNIK, OCTOBER 5, 1992
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
OCTOBER 5, 1992
AN ACT
1 Providing for the regulation of bungee jumping operations;
2 granting powers to and imposing duties on the Department of
3 Agriculture; and imposing civil and criminal penalties.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Definitions.
7 Section 3. Powers and duties of Department of Agriculture.
8 Section 4. Site and operating approval.
9 Section 5. Safety space.
10 Section 6. Equipment.
11 Section 7. Landing/recovery area including the area
12 immediately under the jump space.
13 Section 8. Site requirements.
14 Section 9. Jumper requirements.
15 Section 10. Safety and loss control management.
16 Section 11. Injury and damage.
17 Section 12. Staff and duties.
18 Section 13. Site operating manual.
1 Section 14. Emergency provisions and procedures.
2 Section 15. Penalties.
3 Section 16. Immunity.
4 Section 17. Effective date.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Bungee
9 Jumping Safety Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Air bag." A device which cradles the body and which uses an
15 air release breather system to dissipate the energy due to a
16 fall, thereby allowing the person to land without an abrupt stop
17 or bounce.
18 "Binding of cord." Material used to hold the bungee cord
19 threads in place.
20 "Bungee catapulting." The jumper is held on the ground while
21 the bungee cord is stretched. When the jumper is released, he is
22 propelled upwards.
23 "Bungee cord or cord." The elastic rope to which the jumper
24 is attached. It lengthens and shortens and thus produces the
25 bouncing action.
26 "Bungee jumping." When a person free-falls from a height and
27 the descent is limited by attachment to the bungee cord.
28 "Defined area." The area designated for the bungee jump by
29 the owner or operator and approved by the Department of
30 Agriculture.
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1 "Department." The Department of Agriculture of the
2 Commonwealth.
3 "Dynamic loading." The load placed on the rigging and
4 attachments by the initial free fall of the jumper and the
5 bouncing movements of the jumper.
6 "Equipment." Power-operated or manually operated devices to
7 raise, lower and hold loads.
8 "Fence." A permanent or temporary structure designed and
9 constructed to restrict people, animals and objects from
10 entering the designated bungee jumping area.
11 "Incident." An event that results in injury to a person or
12 an event that causes damage or loss of process, including the
13 interruption or stoppage of jumping.
14 "Jump area." The maximum designated area in all directions
15 for the movement of the jumper.
16 "Jump direction." The direction, forward or backward, in
17 which a jumper jumps upon leaving the platform from the jump
18 point.
19 "Jump harness." An assembly to be worn by a jumper, which is
20 attached to a bungee cord.
21 "Jump height." The distance from the jump platform to the
22 bottom of the jump zone.
23 "Jump master." A person who has responsibility for the
24 bungee jumping operation and who prepares the jumper for the
25 actual jump.
26 "Jump operator." A person who assists the jump master to
27 prepare a jumper for jumping and operates the lowering system.
28 "Jump point." The position from which the jumper leaves the
29 platform.
30 "Jump zone." The space bounded by the maximum designed
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1 movements of the jumper or any part of the jumper.
2 "Jumper." The person who falls or jumps from a height
3 attached to a bungee cord.
4 "Jumper weight." The weight of the jumper only, determined
5 by the jump master on a calibrated scale, traceable to a
6 National standard.
7 "Landing area." The surface area of a net, pad, air bag or
8 water directly under which the jumper lands.
9 "Lateral direction." The area measured at 90 degrees to the
10 designed jump direction.
11 "Lowering system." Any manual or mechanical equipment
12 capable of lowering a jumper to the designated landing area.
13 "Loaded length." The length of the bungee cord when extended
14 to its fullest designed length.
15 "Platform." The area attached to a structure from which
16 jumper falls or jumps.
17 "Preparation area." The area where the jumper is prepared
18 for jumping. The preparation area shall be separate from the
19 jump area.
20 "Qualified inspector." A qualified inspection as defined in
21 the act of June 18, 1984 (P.L.384, No.81), known as the
22 Amusement Ride Inspection Act.
23 "Rigging system." The bungee cord plus any webbing or rope
24 connected to the bungee cord which is of variable lengths set by
25 the jump master for each jumper.
26 "Recovery area." An area next to the landing area, where the
27 jumper may recover from the jump before returning to the public
28 area.
29 "Safe working load." The maximum rated load as determined by
30 the manufacturer which can be safely handled under specified
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1 conditions by a machine, equipment or component of the rigging
2 system.
3 "Safety belt." A belt designed to fit around the waist of a
4 person which can be attached to either an anchor point or safety
5 line.
6 "Safety harness." An assembly to be worn by an operator. It
7 is designed to be attached to a safety line and prevent the jump
8 site operator from falling.
9 "Safety hook." A hook with a latch to prevent rigging or
10 loads from accidently slipping off the hook.
11 "Safety line." A line used to connect a safety harness or
12 belt to an anchor point.
13 "Safety space." A space extending beyond the jump zone as a
14 safety factor.
15 "Secretary." The Secretary of Agriculture of the
16 Commonwealth.
17 "Site operating manual." The document containing the
18 procedures and forms for the operation of all bungee jumping
19 activities and equipment which is developed by the department.
20 "Structure." A permanent structure used for bungee jumping.
21 "Tandem jumping." The practice of two people harnessed
22 together while jumping simultaneously from the same jump
23 platform.
24 "Testing authority." An organization acceptable to the
25 Department of Agriculture for the purpose of testing the
26 performance of bungee cords.
27 "Unloaded length." The length of the bungee cord without
28 load or stress applied.
29 Section 3. Powers and duties of Department of Agriculture.
30 The department or its authorized representative shall have
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1 the following powers and duties:
2 (1) Administer and enforce the provisions of this act.
3 (2) Prescribe safety standards relating to the operation
4 and maintenance of amusement rides or attractions, with
5 recommendations from the board, taking into consideration
6 those standards adopted by the ASTM, F-24 Committee and by
7 OABA.
8 (3) Issue notices for violations of this act or any
9 rule, regulation or standard promulgated pursuant to this
10 act.
11 (4) Permit variances.
12 (5) Impose civil penalties in accordance with this act.
13 (6) Establish recordkeeping and reporting procedures.
14 (7) Conduct any and all hearings in accordance with
15 Title 2 of the Pennsylvania Consolidated Statutes (relating
16 to administrative law and procedure).
17 (8) Administer oaths, take or cause to be taken
18 depositions, issue subpoenas and compel the attendance of
19 witnesses and the production of papers, books, documents,
20 records and other testimony.
21 (9) Adopt such rules and regulations as are necessary to
22 effectively administer the provisions of this act.
23 Nothing in this act shall prohibit the department from
24 conducting or enforcing necessary inspections and
25 investigations.
26 Section 4. Site and operating approval.
27 (a) General rule.--The operator shall obtain a permit from
28 the department to operate on the site. The initial permit fee
29 shall be $5,000. Each permit shall be renewed annually at a cost
30 of $1,000.
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1 (b) Inspection.--Each site shall be inspected by the
2 department on a monthly basis by a qualified inspector at a cost
3 of $500. The cost of one monthly inspection shall be included in
4 the annual permit renewal.
5 (c) Site plan and equipment design and construction.--
6 (1) A report shall contain site plans, safety zones,
7 drawings and specifications of equipment and structures which
8 shall be submitted to the department prior to construction.
9 (2) Inspections shall be conducted at the discretion of
10 the department.
11 (d) Insurance.--The owner shall provide a certificate of
12 insurance to the department covering any spectator and any
13 patron in bungee jumping in the amount of $1,000,000 per
14 occurrence.
15 Section 5. Safety space.
16 (a) General rule.--Each bungee jump site shall maintain a
17 side safety space of 20 feet in all directions.
18 (b) Water safety space.--Where jumps occur over water, the
19 water shall be at least nine feet deep. The vertical safety
20 space shall be at least 60 inches above the water. However, if
21 the depth of the water is greater than nine feet, no vertical
22 safety space is needed.
23 (c) Land safety space.--Where jumps occur over land an air
24 bag or net is used. The vertical safety space shall be at least
25 60 inches above the air bag or net.
26 Section 6. Equipment.
27 (a) Permanent platform.--
28 (1) The safe working load shall be determined by the
29 maximum weight on the platform at any one time, with a safety
30 factor of not less than five times the maximum designed
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1 platform weight.
2 (2) When the platform is not an integral part of
3 structure, the attachment devices and the part of the
4 structure to which they are attached shall have a safety
5 factor of at least five over the total load.
6 (3) The platform shall have a nonslip surface.
7 (4) The platform shall have anchor points for safety
8 harnesses, designed and placed to best suit the movements of
9 anyone on the platform.
10 (5) The platform shall be fitted with a permanent fence
11 separate from the jump point to contain the jumper during
12 preparation.
13 (6) There shall be a gate across the jump point which
14 shall remain closed when a jumper is not present.
15 (7) The jump master shall stop the jumping operation
16 when the wind speed affects the safe operations on the jump
17 platform and/or the recovery area.
18 (b) Lowering system.--
19 (1) The system for lowering the jumper to the landing
20 pad shall be operated by either the jump operator or jump
21 master.
22 (2) There shall be an alternative method of jumper
23 recovery should the main lowering system fail.
24 (c) Bungee cord requirements.--
25 (1) The operating length of a bungee cord at its maximum
26 designed dynamic load shall not exceed four times its
27 unloaded length.
28 (2) The cord material and sheathing to be used shall be
29 clearly specified in the site operating manual.
30 (d) Cord damage provisions.--The cord and its nonmetallic
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1 connectors shall be destroyed when one of the following
2 conditions occur:
3 (1) Exposure to daylight exceeds 250 hours. This does
4 not apply when the cord cover or sleeve fully protects all of
5 the cord from visible and ultraviolet exposure.
6 (2) Six months from the date of manufacture have
7 expired.
8 (3) Evidence of threads exhibiting wear, such as bunched
9 threads, uneven tension between threads or thread bands.
10 (4) Broken threads in excess of 5%.
11 (5) Contact with solvents, corrosive or abrasive
12 substances has occurred.
13 (6) Any other flaws are found.
14 (7) The bungee cord stretches over the course of its
15 jump life, the dynamic load required to extend the bungee to
16 four times its unloaded length will reduce. When this dynamic
17 load reduces to less than the maximum designed dynamic load,
18 the cord shall be destroyed.
19 (8) A maximum of 500 jumps using that cord have been
20 made.
21 (9) The cord or its connectors are not in compliance
22 with the manufacturer's specifications.
23 (e) Cord time lapse.--At least five minutes must be provided
24 between jumps from a particular cord, to allow the cord to fully
25 return to its original unloaded length.
26 (f) Daily examination.--Bungee cords must be examined daily.
27 Before starting the day's operations, the jump master shall
28 visually inspect the entire length and circumference of the
29 bungee cord for signs of wear. The inspection shall be repeated
30 at least four times during daily operation and recorded in the
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1 site log. When unexpected changes in bungee cord performance
2 occur, the bungee cord is to be replaced immediately. The bungee
3 cord shall be subjected to inspection and testing as required in
4 these regulations.
5 (g) Jump harness and ankle strapping.--
6 (1) A jump harness shall be either a full body harness,
7 a sit harness with shoulder straps or an ankle harness.
8 (2) A jump harness shall be available to fit the range
9 of patron sizes accepted for jumping.
10 (h) Ropes.--All ropes for holding and/or lowering the jumper
11 shall have a breaking load of at least 6,000 pounds.
12 (i) Hardware.--
13 (1) Carabiners shall be the screw gate type,
14 manufactured of hardened steel, with at least a minimum
15 breaking load of 6,000 pounds.
16 (2) Pulleys and schackles shall be manufactured of
17 hardened steel and shall have a minimum breaking load of at
18 least 6,000 pounds.
19 (3) All pulleys shall be compatible with the rope size.
20 (4) Webbing shall be flat or tubular mountaineering
21 webbing or equivalent with a minimum breaking load of at
22 least 6,000 pounds. If military specification cords are used,
23 all webbing will have redundant connections.
24 (j) Testing and inspection.--
25 (1) All jump rigging, harnesses, lowering system and
26 safety gear shall be regularly inspected and tested as set
27 forth in the operating manual. Inspections, findings and
28 corrective action shall be recorded in the site log.
29 (2) Hardware subject to abnormal loadings, impacts
30 against hard surfaces or having surface damage shall be
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1 replaced immediately.
2 (3) All ropes, webbing and bindings shall be inspected
3 visually and by feel for signs of wear, fraying or damage by
4 corrosive substances in accordance with the site operating
5 manual.
6 (k) Replacement of rigging and equipment.--
7 (1) Replacement equipment for the following items shall
8 always be available on site:
9 (i) Bungee cords.
10 (ii) All ropes.
11 (iii) Rigging hardware.
12 (iv) Binding, ankle strapping for jumpers.
13 (v) Jump harness.
14 (vi) Safety harnesses.
15 (vii) Lifelines and clips.
16 (2) Items of equipment, rigging or personal protective
17 equipment found to be substandard shall be replaced
18 immediately.
19 (3) Jumping shall cease immediately when a substandard
20 item cannot be replaced.
21 (l) Identification or equipment, rigging, bungee cord and
22 safety equipment.--
23 (1) Each piece of equipment, rigging, bungee cord and
24 safety equipment shall have its own permanent identification
25 number.
26 (2) The form of identification shall not damage or
27 detract from the integrity of the material.
28 (3) The identification shall be clearly visible to the
29 operators during daily operations.
30 (4) The identification of each piece of equipment shall
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1 be recorded in the site operating manual.
2 Section 7. Landing/recovery area including the area immediately
3 under the jump space.
4 (a) Land requirements.--The following requirements shall
5 apply where the jump space and/or landing area is over land:
6 (1) A net or air bag shall be used. The net or air bag
7 shall be designed to provide adequate coverage of the jump
8 zone and shall be specified in the site operating manual. The
9 net or air bag shall be rated for the maximum free-fall
10 height possible from the platform during operation.
11 (2) The net or air bag shall be in position before
12 jumper preparation commences on the platform.
13 (3) Upon completion of a jump, the jumper shall be
14 lowered onto the net or air bag or landing pad.
15 (4) The landing area shall be free of spectators at all
16 times.
17 (5) The area shall be free of any equipment or staff
18 when a jumper is being prepared on the jump platform and
19 until the bungee cord is at its static extended state.
20 (6) A place for the jumper to sit and recover should be
21 provided close to, but outside the landing area.
22 (b) Water requirements.--The following requirements shall
23 apply where the jump space and/or landing area is over a body of
24 water:
25 (1) A landing and recovery vessel shall be positioned to
26 recover jumpers.
27 (2) The landing vessel shall have a landing pad which is
28 at least five feet by three feet. This shall be placed within
29 the vessel.
30 (3) One person may operate the landing vessel and assist
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1 the jumper to land if the vessel is docked or moored. If the
2 vessel is not docked or moored, one person shall pilot the
3 vessel while another person assists the jumper to land.
4 (4) The vessel shall be equipped with Coast Guard-
5 approved life jackets and rescue equipment. The vessel
6 operators shall wear required life jackets.
7 (5) The jump space and landing area shall be free of
8 other vessels, floating, submerged objects, the public and
9 any spectators. When the landing vessel is in open waters, it
10 shall be defined by the deployment of buoys. A conspicuous
11 sign which reads "BUNGEE JUMPING-KEEP CLEAR" shall be
12 attached to the four sides of the landing vessel.
13 (c) Pool requirements.--When the landing area is a pool,
14 especially constructed for bungee jumping, the following shall
15 apply:
16 (1) The pool size shall at a minimum be equal to the
17 safety space as defined in these rules.
18 (2) Rescue equipment shall be available and the jump
19 space and landing area shall be secured.
20 (3) Only the operators of the bungee jump shall be
21 within the jump space and landing areas.
22 (d) Fence requirements.--The landing area shall be enclosed
23 by a fence. The fence shall be designed and constructed to
24 prevent people, animals and objects from entering the landing
25 area. A four-inch sphere shall not be able to pass through any
26 section of the fence or gate.
27 Section 8. Site requirements.
28 (a) Storage.--Adequate storage shall be provided to protect
29 equipment from physical, chemical and ultraviolet ray damage.
30 The storage area shall be secured against unauthorized entry.
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1 (b) Public address system.--There shall be a public address
2 system in operation during all hours of business. There shall be
3 a radio communication link on permanent platform sites between
4 the platform and the landing/recovery area or vessel.
5 (c) Staff.--All staff shall be easily identified.
6 (d) Instructions.--Instructions to jumpers shall be placed
7 at the entrance to the site.
8 (e) Emergency service communication.--There shall be a means
9 of communication to local emergency services within 200 feet of
10 the operation.
11 (f) Supervision.--Owners shall allow jumps only under the
12 direct control of a jump master.
13 (g) Weight adjustment.--Adjustments for the weight of each
14 jumper shall be made by the jump master's selection of bungee
15 cord and length of webbing or rope attached to the bungee cord.
16 (h) Restrictions.--A sign shall be erected listing the
17 medical and age restrictions for jumpers. The sign shall be
18 clearly visible.
19 (i) Staff meetings.--Staff shall be briefed for each day's
20 operation. This shall include assignment of the designated jump
21 master where more than one jump master is on site.
22 (j) Jumper registration.--Registration information on
23 jumpers includes name, address, city, county, state, zip code,
24 telephone number, medical factors and exclusions, age, weight
25 and markings.
26 (k) Jumper preparation.--Jumper preparation shall include
27 information to the jumper on jumping, landing, lowering and
28 recovery procedures, completing harness or binding activities,
29 final inspection by jump master, return of the jumper to the
30 public area and retrieval of the bungee cord to the platform or
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1 storage location.
2 Section 9. Jumper requirements.
3 (a) Age.--The minimum age for jumping shall be 18 years old.
4 However, persons between 16 and 18 years of age may be allowed
5 to jump with written parental consent.
6 (b) Exclusions.--Any jumpers who in the opinion of the
7 operation's staff represent a danger to themselves or others
8 shall not be allowed to jump.
9 (c) Intoxication.--Jumpers in a visibly intoxicated state
10 shall not be allowed to jump.
11 (d) Prohibitions.--The following acts are prohibited:
12 (1) Bungee catapulting.
13 (2) Tandem jumping.
14 Section 10. Safety and loss control management.
15 (a) General rule.--A jump master shall be designated as
16 safety, health and loss control coordinator. He shall have
17 completed the Standard First Aid and Personal Safety course, as
18 offered by the American National Red Cross or its equivalent.
19 (b) Additional duties.--The jump master shall be thoroughly
20 familiar with the department's bungee jumping rules and
21 regulations.
22 (c) Emergency plan.--A comprehensive emergency plan shall be
23 developed, practiced, maintained and posted at the site
24 entrance.
25 Section 11. Injury and damage.
26 (a) Serious injury or death.--When a serious injury, death
27 or fire occurs as a result of the operation of the bungee
28 jumping attraction, the operator shall immediately close the
29 attraction until it has been inspected, repaired and declared
30 safe for operation by a qualified inspector. However, in the
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1 event of a death, the attraction may not be reopened until
2 declared safe by the insurance company of the operator.
3 (b) Log.--The operator shall record all injuries, damages or
4 incidents in a log established and maintained for that purpose
5 and available for inspection by the department.
6 Section 12. Staff and duties.
7 (a) Age.--The minimum age for staff shall be 21 years.
8 (b) Qualifications.--To qualify as jump master for a bungee
9 jumping site, a person shall complete 500 jumps under
10 supervision and have complete knowledge of all aspects of the
11 operation.
12 (c) Staff.--The staff of a bungee jumping operation shall
13 include at least four persons, with the following roles:
14 (1) Jump Master. The designated jump master shall have
15 control over the operation and is responsible and accountable
16 for the operation of the site. This person is in complete
17 control when jumping occurs. A jump master is the only person
18 who takes the jumper through the final stages of preparation
19 to the jump takeoff. The jump master is responsible for the
20 training of other staff and shall have a thorough knowledge
21 of the site, equipment, procedures and staff. The jump master
22 is responsible for checking selection of the bungee cord and
23 adjusting the rigging at each jump platform.
24 (2) Jump Operator. The jump operator assists the jump
25 master in preparing the jumper, assists the jumper into
26 harnesses, safety belts, etc., attaches the jumper to rigging
27 and operates the lowering system. The jump operator may carry
28 out landing/recovery operator duties and assists in
29 controlling the public.
30 (3) Landing/Recovery Operator. The landing/recovery
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1 operator assists the jumper in landing on the landing pad or
2 air bag, assists the jumper to the recovery area and assists
3 in controlling the public.
4 (4) Registration Clerk. The registration clerk's duties
5 include registration of the jumper, weighing of the jumper,
6 controlling movement of a jumper to the jump platform and
7 controlling or assisting to control the public. An accurate
8 scale shall be used and calibrated three times each year at a
9 minimum or when in doubt as to accuracy.
10 (5) Vessel Operator. The vessel operator's duties shall
11 include operating the landing and/or emergency vessels.
12 (d) Training.--Staff training shall be conducted by or under
13 the direct supervision of a jump master. Staff who are in
14 training shall be directly supervised at all times.
15 Section 13. Site operating manual.
16 (a) General rule.--The site should follow procedures
17 described in the site operating manual at all times. The manual
18 shall describe the system of operation to be used and shall
19 address, but not be limited to, the following elements:
20 (1) A site plan showing a plan view of the site with all
21 components in place, fencing and the jump zone defined.
22 (2) A site plan showing a profile of the jump zone.
23 (3) A complete description of all components in the
24 rigging system which shall include a manufacturer's
25 specification or laboratory test certificate of each
26 component.
27 (4) A complete description of all operator, jumper and
28 passenger safety equipment.
29 (5) A complete description of all rescue equipment.
30 (6) A complete job description of all personnel employed
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1 on the site with the minimum qualifications of each person
2 and complete detail of work periods required.
3 (7) A complete description of personnel selection
4 criteria and verification process.
5 (8) Rules concerning the health and safety of staff,
6 patrons and the public.
7 (9) A complete description of the owners' requirements
8 regarding personnel use of drugs or alcohol and testing
9 procedures which may be required.
10 (10) A complete description of the training program of
11 personnel.
12 (11) A complete description of standard operating
13 procedures.
14 (12) A complete description of emergency procedures to
15 be taken in all possible scenarios which may occur.
16 (13) A complete description of the reporting to
17 authorities of incidents resulting in injury.
18 (14) A complete description of the reporting procedure
19 for any incidents which do not result in injury but which
20 were not in accord with normal operational procedures.
21 (15) A complete description of equipment inspection
22 procedures and the logging of those inspections.
23 (16) A complete description of maintenance procedures.
24 (17) A complete description of redundancy criteria and
25 procedures for all equipment.
26 (18) A complete description of purchasing procedures.
27 (19) A complete description of the method of identifying
28 or labeling all equipment.
29 (b) Procedure changes.--Any requested change in procedures
30 from the site operating manual shall be submitted in writing to
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1 the department. Approval must be obtained from the department
2 prior to implementation. Noncompliance with any of the criteria
3 contained in the manual may result in suspension or cancellation
4 of the permit.
5 Section 14. Emergency provisions and procedures.
6 (a) General rule.--Each site shall have an emergency plan.
7 (b) Medical equipment.--A medical first aid kit, stretcher,
8 backboard and blankets shall be maintained on site.
9 (c) First aid certification.--All jump masters shall have
10 current first aid certification and complete an annual refresher
11 course.
12 (d) Life saving certificates.--At sites where the jump or
13 recovery is over water, the jump master and all landing/recovery
14 staff shall be holders of a current life saving certificate and
15 shall have passed the equivalent for in-water rescue of spinal
16 injuries or unconscious patients.
17 (e) Rescue training.--Where the site includes moving water
18 or swift water, the site operating manual shall specify the
19 rescue training and/or qualifications required for all operators
20 and staff on the site.
21 (f) Emergency lighting.--Emergency lighting shall be
22 provided at all jump sites that operate one-half hour prior to
23 sunset until one-half hour after sunrise. The emergency lighting
24 system shall illuminate the jump platform, the jump space and
25 the landing area. The emergency lighting system shall have its
26 own power source.
27 Section 15. Penalties.
28 (a) Civil penalties.--Any person who willfully or repeatedly
29 violates any provision of this act or any rule, regulation,
30 standard or order promulgated pursuant to this act is subject to
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1 a civil penalty not to exceed $2,000 for each violation.
2 (b) Criminal penalties.--
3 (1) Any owner or lessee of a bungee jumping attraction
4 who willfully violates any provision of this act or any rule,
5 regulation, standard or order promulgated pursuant to this
6 act, where the violation causes death to any member of the
7 public exposed to the violation, commits a misdemeanor of the
8 third degree and shall, upon conviction, be sentenced to pay
9 a fine not exceeding $2,500 or to a term of imprisonment not
10 exceeding six months, or both. If the conviction is for a
11 violation committed after a first conviction, the offender
12 shall be sentenced to pay a fine not exceeding $5,000 or to a
13 term of imprisonment not exceeding one year, or both.
14 (2) A person who knowingly makes any false statement,
15 representation or certification in any application, record,
16 report, plan or other document filed or required to be
17 maintained under this act commits a misdemeanor of the third
18 degree and shall, upon conviction, be sentenced to pay a fine
19 not exceeding $2,500 or to a term of imprisonment not
20 exceeding six months, or both.
21 Section 16. Immunity.
22 Neither the Commonwealth nor any political subdivision,
23 directly or indirectly, is the guarantor of the safety of any
24 bungee jumping attraction not owned or operated by the
25 Commonwealth or the political subdivision, and the Commonwealth
26 and its political subdivisions shall have all the attributes of
27 sovereign immunity with regard to the activities of its
28 officials and employees with respect to the inspection of
29 amusement attractions and amusement rides as required under the
30 provisions of this act.
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1 Section 17. Effective date.
2 This act shall take effect in 60 days.
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