HB 2980 Text

Introduced Version House Bill 2980 History

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hb2980 intr H. B. 2980

(By Mr. Speaker, Mr. Kiss, and Delegates DeLong,
Pino, Varner, Pethtel, Cann and Amores)
[Introduced March 10, 2005; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §21-10-5 and §21-10-6 of the Code of West Virginia, 1931, as amended, all relating to the certification of inspectors, and the inspection and permitting of amusement rides and amusement attractions made available for public use in this state.

Be it enacted by the Legislature of West Virginia:
That §21-10-5 and §21-10-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.

§21-10-5. Inspectors.
(a) The Division may hire or contract with inspectors to inspect amusement rides and amusement attractions and to provide over-site and review of the activities of special inspectors.
(b) The Division shall provide for the qualification and certification of special inspectors who are employed by insurance providers who write policies as required by section twelve of this article.
(1) An applicant for certification as a special inspector must complete an application on a form provided by the Division, pay an annual certification fee not to exceed fifty dollars, and meet the qualifications and reporting requirements established by the Division by legislative rule.
(2) The Division may suspend or revoke the certification of a special inspector upon a showing of good cause.
§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.

NOTE: The purpose of this bill is to provide for the certification of special inspectors and to permit the acceptance of inspections provided by special inspectors in lieu of inspections by the Division of Labor. This would eliminate a duplication of the amusement rides and amusement attractions inspection requirement.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.