The Fecurity management tool was created in response to Law 1225 of 2008, which regulates the operation and management of amusement parks, attractions or entertainment devices, mechanical rides, ferris wheels, water parks, theme parks, ecological parks, interactive centers, zoos, and aquariums.
Fully Complying with the Following Articles:
Article 1. Purpose. The purpose of this law is to regulate the intervention of public authorities at the national, district, and municipal levels regarding the minimum requirements for the operation, installation, use, and exploitation of amusement parks, water parks, theme parks, ecological parks, interactive centers, zoos, and public or private aquariums, as well as attractions or entertainment devices, including mechanical amusement rides known as ferris wheels across the national territory, for both existing and new installations, in order to protect human life, the environment, and the quality of the facilities.
Article 4. Operation and Maintenance Requirements. The natural or legal person registering Attractions or Entertainment Devices in Amusement Parks must comply with the technical requirements established in this article for their operation and maintenance. These requirements include standards related to the operation, maintenance, and inspection of Attractions and Entertainment Devices, developed based on international standards from ASTM (American Society of Testing & Materials), NFPA (National Fire Protection Association), IAAPA (International Association of Amusement Parks and Attractions) Maintenance and Operation Guidelines, and supported by the regulations established by national associations in the United States, Mexico, Argentina, and England.
The Operation and Maintenance Requirements for Attractions or Entertainment Devices are as follows:
- Occupancy Conditions of Amusement Parks. Amusement Parks, in any of the categories specified in Article 2 of this law, must comply with the following occupancy conditions:
- a) They must have an emergency plan approved by local committees or competent authorities, which includes properly trained emergency brigades, mitigation plans in case of emergencies, and other requirements deemed necessary by the local committees or competent authorities.
- b) They must have adequate exits and evacuation routes according to their size and type of operation.
- c) They must have certifications issued by fire departments regarding the suitability of their installations in terms of fire protection systems, and mitigation plans against natural events such as earthquakes, floods, and lightning storms, among others.
- d) They must have clear signage indicating evacuation routes and emergency exits.
- e) Parking areas, if present, must have a vehicle mobilization plan in case of emergency and include reserved spaces for pedestrian and disabled access, properly marked and signposted.
- f) They must have an occupational health and safety program for their employees in accordance with the nature of the business and Decree Law 1295 of 1994, or the current regulation in this matter.
- Maintenance Standards for Attractions and Entertainment Devices. It is the responsibility of the operators of Attractions or Entertainment Devices to comply with maintenance standards, always adhering to the manuals provided by the manufacturer or installer. To do this, they must:
- a) Implement a maintenance, testing, and inspection program to establish obligations aimed at keeping each Attraction or Entertainment Device in good condition. This maintenance program must include checklists, be available to each person performing maintenance, have a schedule for each Attraction or Entertainment Device, and estimate at least the following:
- A. Description of preventive maintenance assignments.
- B. Description of the inspections performed.
- C. Special safety instructions, where applicable.
- D. Additional recommendations from the Operator.
- b) Ensure proper training for each person responsible for the maintenance of the Attractions or Entertainment Devices as an essential part of their responsibilities and obligations. This training will include at a minimum:
- A. Instruction on inspection and preventive maintenance procedures.
- B. Instruction on specific duties and job assignments.
- C. Instruction on general safety procedures.
- D. Physical demonstration of operation.
- E. Observation of the trainee’s practical performance by a supervisor, who will assess their proficiency and attitude.
- F. Additional instructions that the operator deems necessary for the proper functioning of the Attraction or Entertainment Device.
- c) Subject the Attractions or Entertainment Devices to daily documentary inspections (Maintenance Checklist) before putting them into operation and offering them to the public, in accordance with the instructions provided in the maintenance manuals. The inspection program must include at a minimum the following:
- A. Inspection of all passenger loading devices and their components, including closures and restraints.
- B. Visual inspection of stairs, ramps, entrances, and exits.
- C. Functionality testing of all communication equipment necessary for the Attraction or Entertainment Device to operate properly, where applicable.
- D. Functionality testing of all automatic and manual safety devices.
- E. Inspection and testing of brakes, including emergency, service, parking, and stop brakes, where applicable.
- F. Visual inspection of all safety barriers, fences, and proposed safety obstacles.
- G. Visual inspection of the structure of the Attraction or Entertainment Device.
- H. Comprehensive inspections for operation in the normal or full cycle.
- I. Operational inspection without passengers, where applicable, before starting any operation, to determine proper functioning and to establish if it requires closure due to: malfunction, mechanical, electrical, or operational modifications; environmental conditions affecting operation; or a combination of the three.
- J. Evaluation of the bacteriological quality of the water within the Attraction or Entertainment Device, when water is used and users might reasonably be exposed to ingesting or coming into contact with volumes that do not pose a health risk.
- Paragraph 2. The manufacturer or installer may include in the appropriate section of the Attraction or Entertainment Device manual a list and location of critical components and areas that require inspection using N.D.T. (Non-Destructive Testing) according to item e. above.
- Paragraph 3. Components that do not conform according to non-destructive tests must be replaced or refurbished according to maintenance standards. Components that are found to conform or have been replaced or refurbished will be scheduled for future testing according to items d. and e. above. When the operator deems it appropriate and there are no recommendations from the manufacturer or installer, they may hire a qualified professional or engineering agency with relevant qualifications, training, and certifications to develop the N.D.T. inspection program for the Attractions or Entertainment Devices or their components.
- Paragraph 4. The operator of an Attraction or Entertainment Device must implement a testing program based on the recommendations of this article.
Article 5. Operation Standards for Attractions or Entertainment Devices. It is the responsibility of the operators of Attractions or Entertainment Devices:
- 3.To implement an Operation Manual for each Attraction or Entertainment Device, which must include checklists, be available to each person involved in the operation, have a schedule for each Attraction or Entertainment Device, and establish at least the following:
- a) Policies for the operation of the Attraction or Entertainment Device based on the relevant information provided by the manufacturer or installer. To develop these policies, the Operator of the Attraction or Entertainment Device must:
- A. Provide a description of the operation of the attraction.
- B. Establish general safety procedures.
- C. Designate job positions for the operation of the Attraction or Entertainment Device.
- D. Include any other recommendations deemed relevant.
- E. Develop specific emergency procedures for abnormal events or abrupt service interruptions.
- This requirement must be validated by a recognized and authorized health entity.
- 3.Inspection Programs. The inspection programs conducted at Amusement Parks where Attractions or Entertainment Devices are installed must adhere to the following rules:
- a) Archive inspection documents determined by the Operator for no less than one (1) year;
- b) Promptly notify the manufacturer or installer of any incident, failure, or malfunction that, in their opinion, affects the operational continuity of the Attraction or Entertainment Device.
Paragraph 2°. The Operator may establish height restrictions in accordance with the recommendations of the manufacturer or installer and the design specifications for each Attraction or Entertainment Device.
Article 6°. Replacement of Parts and Components of Attractions or Entertainment Devices. For the replacement of parts and components of Attractions or Entertainment Devices, the Operator must:
- Use the original procedure provided by the manufacturer or installer and apply appropriate nomenclature; or
- Use the specifications manual and drawings provided by the manufacturer or installer; or
- Use the original procedure provided by the manufacturer or installer, classifying equivalent elements in terms of function and quality when they are not supplied by the manufacturer or installer.
Paragraph 1°. If there are no procedures from the manufacturer or installer for the replacement of parts and components, the Operator may, within their maintenance programs, establish such procedures in accordance with their maintenance schedule.
Article 8°. Inspection, Supervision, and Control. Modified by Art. 1, Law 1750 of 2015. It is the duty of the national, departmental, district, and municipal competent authorities, in accordance with the regulations issued by the Ministry of Commerce, Industry and Tourism or the equivalent entity, to exercise inspection, supervision, and control to verify and ensure compliance with quality and suitability conditions in the provision of services related to amusement parks and attractions or entertainment devices and to ensure compliance with this law.
Paragraph 1°. The national competent entity will be authorized to regulate the operational procedures for the exercise of the inspection, supervision, and control functions established in this law.
Paragraph 2°. The national competent entity will be authorized to regulate through a technical regulation that will establish measures to improve the prevention and safety of people, animal life, plant life, and environmental preservation for the development of this law.