ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2980
(By Mr. Speaker, Mr. Kiss, and Delegates DeLong, Pino, Varner,
Pethtel, Cann and Amores)
[Passed April 9, 2005; in effect ninety days from passage]
AN ACT to amend and reenact §21-10-4, §21-10-5 and §21-10-6 of the
code of West Virginia, 1931, as amended, relating to the
regulation of amusement rides and amusement attractions;
providing for oversight and review of special inspectors;
increasing annual permit fee; requiring Division of Labor to
set qualifications and process for certification of special
inspectors by legislative rule; authorizing annual
certification fee; allowing suspension or revocation of
certifications; and allowing inspections by special
inspectors.
Be it enacted by the Legislature of West Virginia:
That §21-10-4, §21-10-5 and §21-10-6 of the code of West
Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.
§21-10-4. Inspection and permit fees.
(a) The division shall charge inspection and permit fees. The annual permit fee is one hundred dollars for each ride or
attraction. The annual inspection fee, if an inspection is to be
done by the division, is one hundred dollars for each ride or
attraction. The annual inspection fee, if an inspection is to be
done by the division, is due at the time of application for the
annual permit. The division shall waive the inspection fee for any
ride or attraction whose owner provides proof of nonprofit business
status or for any ride or attraction whose owner provides proof
that an inspection has been completed within the last year by a
certified special inspector as provided in section six of this
article.
(b) The division may charge additional inspection fees equal
to the annual inspection fee for additional inspections required as
the result of the condemnation of a device for safety standards
violations and for inspections required as a result of accidents
involving serious or fatal injury. If any owner or operator
requires an inspection as the result of a violation of the
permitting requirements of section six of this article, the
division shall charge the owner or operator seventy-five dollars
per hour in addition to the established inspection fee, including
travel time.
(c) All fees received shall be deposited in a special revenue
account in the state treasury known as the "Amusement Rides and
Amusement Attractions Safety Fund". The division may use moneys
from the fund for the purpose of enforcement of the provisions of
this article. Expenditures are not authorized from collections, but are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three,
chapter twelve of this code and upon fulfillment of the provisions
of article two, chapter eleven-b of this code.
(d) No inspection fee may be charged public agencies.
(e) The division shall issue, and the owner, operator or both
of the amusement rides and amusement attractions shall visibly
display to the public, inspection stickers denoting and signifying
that the inspection and permit fee authorized by this section has
been paid or waived.
§21-10-5. Inspectors.
(a) The Division may hire or contract with inspectors to
inspect amusement rides and amusement attractions. The Division is
responsible for oversight and review of the activities of special
inspectors and may hire or contract with inspectors to review the
activities of special inspectors.
(b) The Division shall certify all special inspectors who are
employed by insurance providers that write insurance policies for
amusement rides and amusement attractions required by section
twelve of this article. The Division may suspend or revoke any
certification of a special inspector upon a showing of good cause.
The Division shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code providing an application process and minimum
qualifications for certification of special inspectors. The
Division may charge an annual certification fee not to exceed fifty dollars.
§21-10-6. Permits; application; annual inspection.
No operator or owner may knowingly permit the operation of an
amusement ride or amusement attraction without a permit issued by
the Division. Each year and at least fifteen days before the first
time the amusement ride or amusement attraction is made available
in this state for public use, an operator or owner shall apply for
a permit to the Division on a form furnished by the Division and
containing any information the division may require. The Division
shall, upon application and within ten days of the first time the
ride or attraction is made available in this state for public use,
inspect all amusement rides and amusement attractions. The
Division shall inspect all stationary rides and attractions at
least once every year. The Division may inspect all mobile
amusement rides and amusement attractions each time they are
disassembled and reassembled for use in this state. The Division
may conduct inspections at any reasonable time without prior
notice:
Provided, That in lieu of performing its own inspection,
the Division may accept inspection reports from special inspectors
certified by the Division.
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