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Initiating Authority
- The Office of General Counsel serves as the initiating authority for this policy.
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Purpose
- The purpose of this policy is to state the University's requirements relating to the
use of Inflatables on University Premises.
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Policy
- Under circumstances permissible by state statutes and in accordance with this policy,
Hosting Units may rent an Inflatable for use in connection with approved official
University events or other events that further the University's mission.
- The use of Inflatables will only be approved in the following circumstances:
- Hosting Unit Obtains Prior Approval. Any proposed use of Inflatables on University Premises must receive prior review
and approval from the Office of General Counsel to ensure policy compliance and assist
University departments in minimizing risk. Such approval must be requested consistent
with Section V.A. of this policy.
- Hosting Unit Contracts with Qualified Vendor. Inflatables must be provided by or leased from a Qualified Vendor. All Qualified
Vendors must sign a University Inflatable Services Agreement that is provided by the
Office of General Counsel. Any requested modifications to or deviations from the University
Inflatable Services Agreement must be approved by the Office of General Counsel.
- Hosting Unit Obtains Participant Waiver(s). The Hosting Unit is responsible for obtaining a release and waiver from each Participant,
in a form reviewed and approved by the Office of General Counsel. The Hosting Unit
must keep the executed release and waiver for at least three (3) years following the
event and must be able to produce the executed release and waiver upon request.
- Inflatable is Limited to Approved Location. The use of Inflatables shall only take place in an Approved Location. A proposed
location for use of an Inflatable must be approved for each use and such approval
will be based on several criteria including the type of Inflatable, the proposed use
of the Inflatable, the time of day, the length of time, the risk of injury to participants
and non-participants, and the location is not otherwise prohibited by the University,
zoning or code restrictions, or landlord exclusions.
- Rules for Transport, Set Up, and Use of Inflatables on University Premises. Hosting Units must comply with the following rules:
- Inflatables with the following features are presumed to have a heightened risk of
injury and may be prohibited: combative activities that do not include protective
gear for participants (e.g., wrestling, boxing, jousting); equipment that is not self-contained
and poses a risk of falling (e.g., twister with no side walls); equipment that has
potential to hit or knock down participants (e.g., wrecking ball); and equipment that
attaches a person to another person via bungee cords. The University may prohibit
other types of Inflatables not specifically listed herein at its sole discretion.
- Inflatables must be installed in an area that is free from any potential hazard, and
in a location that does not increase the risk of injury if a participant intentionally
or unintentionally exited, fell from, or bounced off the inflatable. Inflatables should
be installed on grass or soft ground areas.
- Inflatables must be free-standing and weighted whenever safety conditions allow. When
safety conditions do not allow for the use of weighted anchors, stakes may be used
to anchor Inflatables to the ground. Use of stakes, anchors, or any other object inserted
into the sidewalk, roadway, or non-approved areas as a means to secure an Inflatable
is prohibited. Inflatables must not be tied or tethered to trees, tables, or other
University property.
- Inflatables must be set up and removed only under the supervision of or by trained
and qualified representatives of a Qualified Vendor, in compliance with the manufacturer's
specifications.
- Obtain from Qualified Vendor and post a copy of its inspection results and safety
instructions for use of the Inflatable, in a conspicuous location under a waterproof
covering that allows Participants to read the inspection results and the instructions
before boarding the amusement ride, and comply with all other requirements as set
forth by K.S.A. § 44-1606 and K.A.R. § 49-55-7 and 49-55-9.
- Inflatables must be set up and torn down during the time allotted for the event and
shall not remain in place overnight.
- If a Qualified Vendor is responsible for providing electricity for the Inflatables,
such electricity shall be provided by a generator(s) that is marked as "Quiet" (65
dB or less) and shall not generate excessive noise or fumes. The generators shall
be placed a safe distance from the Inflatables and any dry grass or other flammable
materials. Electrical cords must be properly insulated, grounded, and covered to prevent
tripping hazards. Gas cans shall be safely stored and shall not be stored in close
proximity to the generators.
- A Vendor is qualified ("Qualified Vendor") only when the Vendor meets the following
requirements:
- Vendor can demonstrate it is an entity that is in the regular business of renting
and/or leasing Inflatables.
- Vendor agrees to and executes the University Inflatables Services Agreement.
- Vendor has provided the University with a valid and current operation permit issued
by the Department of Labor.
- Vendor has provided the University a valid and current certificate of training for
the individual(s) who will be operating the Inflatable(s).
- Vendor has provided the University a valid and current certificate of inspection of
all Inflatable equipment, as required under K.S.A. § 44-1602.
- Vendor carries, at a minimum, and can provide proof of the following liability insurance
(with such certificate of insurance naming the University and KBOR as additional insureds):
- Comprehensive general liability;
- Coverage in amounts not less than $1,000,000 per occurrence;
- Coverage for child molestation if minors will participate; and
- Proper coverage to protect and indemnify the University and KBOR.
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Definitions
- For the purpose of this policy only, the following definitions shall apply:
- Approved Location: The specific location on University Premises that has been approved by the University
for use of an Inflatable as set forth in this policy.
- Controlled Affiliated Organizations: Wichita State University Intercollegiate Athletic Association, Inc., Wichita State
University Union Corporation, Wichita State University Innovation Alliance, Inc.,
WSIA Investments Corporation.
- Hosting Unit: Controlled Affiliated Organizations, Non-Controlled Affiliated Organizations, or
any division, department, college, or center within the University seeking to use
and/or rent an Inflatable or who otherwise contracts with a third party for an event
where an Inflatable will be on University Premises.
- Inflatable: Any amusement device or attraction that incorporates a structural and/or mechanical
system that employs a high-strength fabric or film that achieves its strength, shape
and stability by tensioning from and/or pre-tensioning with internal air pressure
for activities including, but not limited to bouncing, climbing, sliding, or interactive
play, which may or may not be enclosed. The term "Inflatable" as used in this policy
does not include similar devices that are used for professional exhibition or stunt
work, safety and rescue activities, aerial or aviation structures or devices, exhibit
floats or similar activities.
- KBOR: Kansas Board of Regents.
- Non-Controlled Affiliated Organizations: Wichita State University Foundation and Alumni Engagement.
- Participant: Any individual that will be using the Inflatable.
- Qualified Vendor: A Vendor who meets all of the requirements set forth in Section III.C. of this policy.
- University: Wichita State University and Controlled Affiliated Organizations.
- University Premises: University Premises includes University owned land, buildings and vehicles; buildings
and land leased by the University; and any other property controlled by the University
that is set forth by agreement that the University may restrict access. University
Premises may change from time to time, but they are designated annually in the University's
Annual Security Report and on its web page.
- Vendor: A third-party entity who is in the regular business of renting and/or leasing Inflatables.
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Administrative Procedure
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Approval Process
- Requests for approval for the use of Inflatables on University Premises must be submitted
to the Office of General Counsel through the online Inflatable Request Form. Every effort should be made to submit the request at least three (3) weeks prior
to the intended event.
- Requests for approval for the use of Inflatables on University Premises must contain
the following information and documentation:
- The proposed event, date, time, and location;
- The name of the University Hosting Unit, if any;
- Documentation showing that the Vendor providing the Inflatable(s) is a Qualified Vendor,
as required under Section III.C of this policy, including proof of insurance; and
- University Inflatables Services Agreement, signed by Vendor.
- Hosting Units shall only rent and/or lease an Inflatable upon written approval from
the Office of General Counsel.
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Applicable Laws and Additional Resources
- Kansas Amusement Ride Act, K.S.A. § 44-1601, et seq.
- Amusement Ride Regulations, K.A.R. § 49-55-1, et seq.
- WSU Policy 11.18 / University Event Services
- Kansas Board of Regents Policy, II.E.16, Use of Campus Grounds and Facilities