H. B. 2314
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 20, 1999; referred to the
Committee on Finance.]
A BILL to amend and reenact sections two, three, four, five, six,
seven, eight, nine, eleven, twelve and fourteen, article
ten, chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to amusement rides and amusement attractions safety; the
inspection thereof; definitions; inspections and fees;
waiver of inspection fees for nonprofit business;
authorizing the division of labor to charge additional costs
for additional inspections and inspections required as a
result of violations of permitting requirements; special
revenue accounts; authorizing the use of fees collected to
be used for enforcement of the article; technical
corrections; and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That sections two, three, four, five, six, seven, eight, nine, eleven, twelve and fourteen, article ten, chapter
twenty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY
ACT.
§21-10-2. Definitions.
As used in this article:
(a) "Amusement ride" means a mechanical device which carries
or conveys passengers along, around or over a fixed or restricted
route or course for the purpose of giving its passengers
amusement, pleasure, thrills or excitement. The term includes
carnival rides and fair rides of a temporary or portable nature
which are assembled and reassembled or rides which are relocated
from place to place. "Amusement ride" may not be construed to
mean any such mechanical device which is coin operated and does
not include the operation of vehicles of husbandry incidental to
any agricultural operations or the operation of amusement devices
of a permanent nature which are subject to building regulations
issued by cities or counties and existing applicable safety
orders;
(b) "Amusement attraction" means any building or structure
around, over or through which people may move or walk without the
aid of any moving device integral to the building or structure that provides amusement, pleasure, thrills or excitement,
including those of a temporary or portable nature which are
assembled and reassembled or which are relocated from place to
place. The term does not include any enterprise principally
devoted to the exhibition of products of agriculture, industry,
education, science, religion or the arts and shall not be
construed to include any concession stand or booth for the
selling of food or drink or souvenirs.
(c) "Mobile amusement ride or mobile amusement attraction"
means an amusement ride or amusement attraction which is erected
in a single physical location for a period of less than twelve
consecutive months.
(d) "Stationary amusement ride or stationary amusement
attraction" means an amusement ride or amusement attraction which
is erected in a single physical location for a period of more
than twelve consecutive months.
§21-10-3. Rules.
The department division of labor shall promulgate rules for
the safe installation, repair, maintenance, use, operation and
inspection of all amusement rides and amusement attractions as
the department division finds necessary for the protection of the
general public using amusement rides and amusement attractions.
The rules shall be in addition to the existing applicable safety
orders and will be concerned with engineering force stresses, safety devices and preventative maintenance. All such rules
shall be promulgated in accordance with the provisions of article
three, chapter twenty-nine-a of this code.
§21-10-4. Inspection and permit fees.
The department shall determine a schedule of inspection and
permit fees, which fees shall not exceed twenty dollars a ride.
(a) The division shall charge inspection and permit fees.
The annual permit fee shall be twenty-five dollars for each ride
or attraction. The annual inspection fee shall be one hundred
dollars for each ride or attraction. The annual inspection fee
shall be due at the time of application for the annual permit.
The inspection fee shall be waived for any ride or attraction
owner who provides proof of nonprofit business status.
(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. Should any owner or
operator require an inspection as the result of a violation of
the permitting requirements of section six of this article, said
owner or operator shall be charged seventy-five dollars per hour
in addition to the established inspection fee, including travel
time.
(c) All such fees received shall be deposited in the general revenue fund in a special revenue account in the state treasury
known as the "Amusement Rides and Amusement Attractions Safety
Fund." The division is authorized to make expenditures from the
fund for the purpose of enforcement of the provisions of this
article.
(d) No inspection fees may be charged public agencies.
(e) The department division shall issue, and the owner,
and/or 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.
§21-10-5. Inspectors.
The department division may hire or contract with inspectors
to inspect amusement rides and amusement attractions.
§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 department division. except that such amusement ride or
amusement attraction 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 Each year and at least fifteen days before
the first time the amusement ride or amusement attraction is
assembled made available in this state for public use, an operator or owner shall apply for a permit to the department
division on a form furnished by the department division and
containing such information as the department division may
require. Upon such application and within seven ten days of the
first time said ride or attraction is assembled made available in
this state for public use, all amusement rides and amusement
attractions shall be inspected. and thereafter All stationary
rides and attractions shall be inspected at least once every
year. Amusement All mobile amusement rides and amusement
attractions may also be inspected each time they are disassembled
and reassembled and periodically for use in this state.
Inspections may be conducted at any reasonable time without prior
notice. Following satisfactory inspection, the inspector shall
issue a permit.
§21-10-7. Issuance of permit; certificate of inspection;
availability to public.
If, after inspection, an amusement ride or amusement
attraction is found to comply with the rules and regulations of
the department division, the department 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
the carnival or fair carnival, fair or event where such amusement ride or attraction is located. A copy of such certificate,
showing the last date of inspection, shall be affixed to such
amusement ride or amusement attraction upon issuance.
§21-10-8. Notice of intention to erect new ride or attraction or
add to or alter existing ride or attraction.
Before a new amusement ride or amusement attraction is
erected, or whenever any additions or alterations are made which
change the structure, mechanism, classification or capacity of
any amusement ride or amusement attraction, the operator shall
file with the department division a notice of his or her
intention and any plans or diagrams requested by the department
division for purposes of determining the applicability of section
six of this article.
§21-10-9. Notice of serious physical injury or fatality;
investigations; records available to public.
An owner or operator of an amusement ride or amusement
attraction shall notify the department division not later than
twenty-four hours after any fatality or accident occurring as a
result of the operation of the amusement ride or amusement
attraction 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 department division shall
investigate each such fatality or accident and any safety related
complaint involving an amusement ride or amusement attraction in this state about which the department division receives notice.
Every owner or operator of an amusement ride or amusement
attraction shall keep a record of each such accident or fatality
and such 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 carnival or
fair carnival, fair or event where such amusement ride or
amusement attraction is located.
§21-10-11. Temporary cessation of operation of ride or
attraction determined to be unsafe.
The department division may order, in writing, a temporary
cessation of operation of an amusement ride or amusement
attraction if it has been determined after inspection to be
hazardous or unsafe. Operation shall not resume until such
conditions are corrected to the satisfaction of the department
division.
§21-10-12. Insurance; bond.
No person may operate an amusement ride or amusement
attraction unless at the time there is in existence (a) a policy
of insurance approved by the department 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 amusement ride
or attraction location insuring the owner or operator against liability for injury suffered by persons riding the amusement
ride or by persons in, on, under or near the amusement
attraction, or (b) a bond in a like amount, as approved by the
department division: Provided, That the aggregate liability of
the surety under any such bond shall not exceed the face amount
thereof, or (c) cash or other security acceptable to the
department division. Satisfactory evidence of such insurance,
bond or other security shall accompany the permit application.
§21-10-14. Criminal penalty for violation.
Any operator or owner who knowingly permits the operation of
an amusement ride or amusement attraction in violation of the
provisions of section six of this article is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not
less than two hundred fifty dollars nor more than one thousand
dollars, imprisoned in the county jail not more than twelve
months, or both fined and imprisoned. Each day that a violation
continues shall be considered a separate violation.
NOTE: The purpose of this bill is to promote greater
enforcement of the state's Amusement Rides and Amusement
Attractions Safety Act through the establishment of a safety
inspection fee for inspection of amusement rides and attractions
to cover inspection expenses, and through the creation of a
special revenue account dedicated to enforcement of the Act.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.