Schlitterbahn responded today to an audit report from the Kansas Department of Labor on its waterpark in Kansas City, Kansas, saying the state appears to be stirring up “unfounded fear.”
Schlitterbahn attorneys sent a letter today to the KDOL stating that the state agency “abused its statutory authority to conduct an inspection” and conducted the audit outside the law’s requirements.
“In doing so, it has created a false impression in the community and indeed, nationwide, that Schlitterbahn Waterpark is operating its Kansas City park in an unsafe manner. This appears to be nothing more than a malicious effort on the part of the state to stir up unfounded fear and cast doubt on this company in the wake of the tragic accident in 2016,” the Schlitterbahn letter stated.
Schlitterbahn demanded that the state take action immediately to remediate the harm caused the company and to correct misrepresentation it created in the minds of thousands who have enjoyed the park during recent years.
The Schlitterbahn letter also stated that it is addressing each of the issues raised in the audit, and expected that the issues would be rectified before individual rides are opened to the public.
“While these clerical and administrative issues do not general impact guest safety, in the interest of ensuring all Schlitterbahn guests that their safety is Schlitterbahn’s highest priority, the park will not open any ride or attraction unless and until the issues raised in the report have been fully addressed,” the Schlitterbahn letter stated.
New laws allowing audits were passed in Kansas following the death of a child in 2016 on the Verruckt waterslide at the Schlitterbahn park. That ride has not operated since the death.
The Schlitterbahn park here was audited by the state May 15 and 16 of this year, and an audit report was issued just days before the park’s May 25 opening date. The letter from the park’s attorney stated that under Kansas law, the rides should have been operational to be audited, but the park was closed for the off-season and not yet operational when the audit was conducted.
Park benches, height measuring devices and other items often are stored away for the winter during the colder months, and then are brought out again for the opening day, according to the letter. Auditing the park before it opened “all but ensured that KDOL would find noncompliance,” the letter stated.
The state’s report said rides were “in an operational status” at the time of inspection, but because the park was closed, Schlitterbahn said the audit’s statement was false and should be retracted.
“Safety is Sclilitterbalm’s highest priority and- its rides are safe to the public. Schlitterbahn personnel cooperated fully with KDOL and test-ran each of the park’s attractions, without riders, so that KDOL auditors could observe the proper mechanical and electrical function of these rides. All rides and attractions functioned properly and safely,” the letter stated.
One exception, according to the letter, was the zipline, which the audit stated did not have parts replaced on it according to a manufacturer’s timeline.
“However, as also noted, in the report, the manufacturer had ‘completed the annual inspection on behalf of the owner / operator in 2017 and 2018’ and had notified the KDOL, before issuance of the report, that it would be issuing a manufacturer’s service bulletin extending the life of this part for another year due to its safe condition. In short, while the report claims that Soaring Eagle Zip Line is not in compliance with its manufacturer’s recommendations that claim is also false and should also be publicly retracted,” the Schlitterbahn letter stated.
In addition, Schlitterbahn said state law does not permit the state to issue a “notice of violation.”
The Schlitterbahn letter also stated that Schlitterbahn presented some records and manuals to the state inspectors during inspection, but those records were not reviewed.
Schlitterbahn asked for a state response to its letter by noon May 24. It also asked to be given until June 20 to comply with the alleged noncompliance noted in the report. It also said it reserves the right to appeal the report.
The Wyandotte County District Attorney’s office this evening issued a news release that it was concerned with the safety of all 11 rides cited in the state’s audit report.
“As such, only rides that the Wyandotte County District Attorney’s Office and Schlitterbahn agree are in compliance with applicable standards and are safe will be operated, as conditions permit,” the district attorney’s spokesman stated in the news release.