By BECKY KISER
Hays Post
The two water slides at the Hays Aquatic Park (HAP) remain open but they are affected by a new state law that became effective Sat., July 1. That law has resulted in the temporary shutdown of the water slides at the Russell Municipal Swimming Pool.
The law is under review by the Hays city attorney, according to Assistant City Manager Jacob Wood.
Amendments to the Kansas Amusement Ride Act state that no amusement ride shall be operated in Kansas unless a valid permit for such ride has been issued by the Kansas Department of Labor (KDOL) and the owner of the ride has registered with KDOL as an amusement ride owner, beginning July 1, 2017.
Water slides are required to meet ASTM standards and receive written certification by a qualified inspector, acknowledged by the National Association of Amusement Ride Safety Officials (NAARSO) or other nationally recognized third party training organizations, prior to applying for a KDOL permit to operate the slide.
Water slides that are at least 15 feet in height and that use water to propel the patron through the ride are considered an amusement ride, as defined in the new law.
“There is some disparity in the law,” Wood said, “and our HAP slides may or may not qualify as amusement rides. There’s a difference between using water to propel someone down the slide as opposed to the water being used as a lubricant on the slide.
“We won’t close them down for now. We’ll probably have a decision within the next couple of days,” he said Monday afternoon.
The water slides at the Hays Aquatic Park and the Russell Municipal Swimming Pool exceed 15 feet in height.
Two new water slides were just opened Saturday, July 1, at the Ellis Municipal Swimming Pool. According to City Clerk Amy Burton, both slides are less than 15 feet in height and therefore not subject to the new state law.
“When we were looking at purchasing them, we kind of figured this law might happen, so we took that into consideration when we bought the slides,” Burton said.
On June 23, Gov. Sam Brownback signed a bill delaying a provision that creates criminal penalties for operating a ride without a license until Jan. 1, 2018, and prohibits the Department of Labor from enforcing penalties until new rules are published. The department had been concerned that some parks wouldn’t be able to comply with the new tougher standards by July 1.
The initial law was enacted in April after the death of Republican Rep. Scott Schwab’s 10-year-old son, Caleb, last summer at Schlitterbahn Water Park in Kansas City.
According to a notice on the KDOL website, a public hearing has been set on new permanent rules and regulations under the Kansas Amusement Ride Act at 9 a.m. on Sept. 7, 2017, at the Kansas Department of Labor in Topeka.