House Bill 2980 History
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.
(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
(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
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would