H. B. 2535
(By Delegates Petersen and Pino)
[Introduced March 10, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend chapter twenty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twelve, relating
to creating the commercial bungee jumping safety act; short
title; definitions; rules; inspections and permit fees;
permits and applications; certificates of inspection;
notices of physical injuries or fatality; service of
process; requirement of insurance or bond; permitting
regulation by cities and counties; and providing criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article twelve, to read
as follows:
ARTICLE 12. COMMERCIAL BUNGEE JUMPING SAFETY ACT.
§21-12-1. Short title.
This article shall be known and may be cited as the
"Recreational Bungee Jumping Safety Act."
§21-12-2. Definitions.
As used in this article:
"Bungee jumping" means a commercial recreational activity
where participants jump off a platform or other area, whether
natural or man-made with a cord or other elastic device attached
or otherwise affixed or connected to the jumper in order to
prevent the jumper from striking the ground or earth below the
jump platform, and which activity is engaged in for the purpose
of giving the jumpers amusement, pleasure, thrills or excitement.
§21-12-3. Rules.
The division of labor shall promulgate rules for the safe
installation, repair, maintenance, use, operation and inspection
of all recreational bungee jumping activities. The rules shall
be in addition to any existing applicable safety orders and shall
be concerned with the elasticity of cords relative to a jumper's
weight; loss of cord elasticity after repetitive jumps; clear
area in which the cord and jumper may swing following a jump;
risks of falling off of a jump platform, both by customers and
employees, equipment quality; engineering force stresses, safety
devices and preventative maintenance. The rules shall be
promulgated and designed for the purpose of developing commercial
bungee jumping as a recreational activity and additional tourist
attraction in West Virginia. All rules shall be promulgated in
accordance with the provisions of article three, chapter twenty-nine-a of this code.
§21-12-4. Inspection and permit fees.
The division shall determine a schedule of inspection and
permit fees, which fees shall not exceed twenty dollars an event.
All fees received shall be deposited in the general revenue fund.
No fees may be charged to public agencies.
§21-12-5. Inspectors.
The division may hire or contract with inspectors to inspect
bungee jumping sites.
§21-12-6. Permits; application; annual inspection.
An operator or owner shall not knowingly permit the
operation of a recreational bungee jumping event without a permit
issued by the division except that commercial bungee jumping may
operate without a permit from the date of application until
inspection as provided herein, but in no event for a period
longer than seven days from the date of first assembly in the
state.
§21-12-7. Issuance of permit; certificate of inspection;
availability to public.
If, after inspection, a commercial bungee jumping site,
together with the jump platform and equipment, is found to comply
with the rules of the division, the division shall issue a permit
to operate. The permit shall be in the form of a certificate of
inspection and shall be kept in the records of any operator or
owner for a three year period and shall be readily accessible to
the public for inspection at any reasonable time at thecommercial bungee jumping site or where a commercial bungee jump
is located. A copy of certificate, showing the last date of
inspection, shall be affixed to the bungee jumping platform upon
issuance, or at any other location designated by the commissioner
of the division of labor.
§21-12-8. Notice of serious physical injury or fatality;
investigations; records available to public.
An owner or operator of a commercial bungee jumping site
shall notify the division not later than twenty-four hours after
any fatality or accident occurring as a result of the operation
of the commercial bungee jumping site that results in a serious
physical injury requiring medical treatment or results in a loss
of consciousness. The notice may be oral or written. The
division shall investigate each fatality or accident and any
safety related complaint involving a commercial bungee jumping
site in this state about which the division receives notice.
Every owner or operator of a commercial bungee jumping site shall
keep a record of each accident or fatality and the record shall
be kept with the certificate of inspection required by this
article and shall be readily accessible to the public for
inspection at any reasonable time at the commercial bungee site
or where the attraction is located.
§21-12-9. Service of process.
Any person, firm or corporation operating a commercial
bungee jumping site may be served with civil process in the same
manner as if the owner or operator was a domestic or foreigncorporation.
§21-12-10. Temporary cessation of operation of bungee jump site
or attraction determined to be unsafe.
The division may order, in writing, a temporary cessation of
operation of a commercial bungee jumping site if it has been
determined after inspection to be hazardous or unsafe. Operation
shall not resume until the conditions are corrected to the
satisfaction of the division.
§21-12-11. Insurance; bond.
No person may operate a commercial bungee jumping site
unless at the time there is in existence (a) a policy of
insurance approved by the division and obtained from an insurer
authorized to do business in this state in an amount of not less
than three hundred thousand dollars per person and one million
dollars in the aggregate for each commercial bungee jumping site
or jump platform location insuring the owner or operator against
liability for injury suffered by persons jumping from the jump
platform or by persons in, on, under or near the jump platform or
commercial bungee jump site, or (b) a bond in a like amount, as
approved by the division:
Provided,
That the aggregate liability
of the surety under any bond shall not exceed the face amount
thereof, or (c) cash or other security acceptable to the
division. Satisfactory evidence of insurance, bond or other
security shall accompany the permit application.
§21-12-12. Regulation of commercial bungee jumping events and
attractions by cities and counties.
Nothing contained in this article prevents cities and
counties from regulating commercial bungee jump sites or events
with regard to any aspect not relating to installation, repair,
maintenance, use, operation and inspection of the commercial
bungee jump site, jump platforms or equipment.
§21-12-13. Criminal penalty for violation.
Any operator or owner who knowingly permits the operation of
a commercial bungee jump site or event in violation of the
provisions of section six of this article is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
more than one thousand dollars, imprisoned in the county jail not
more than twelve months, or both fined and imprisoned.
NOTE: The purpose of this bill is to regulate bungee
jumping in West Virginia through the Division of Labor. While
concerned with the safety issues of this activity, the bill
encourages its development as a recreational activity and added
tourist attraction to the state.
This article is new; therefore, strike-throughs and
underscoring have been omitted.