2006 Code of Virginia § 36-98.3 - Amusement devices

36-98.3. Amusement devices.

A. The Board shall have the power and duty to promulgate regulationspertaining to the construction, maintenance, operation and inspection ofamusement devices. Amusement device means (i) a device or structure open tothe public by which persons are conveyed or moved in an unusual manner fordiversion and (ii) passenger tramways. A "passenger tramway" means adevice used to transport passengers uphill, and suspended in the air by theuse of steel cables, chains or belts, or by ropes, and usually supported bytrestles or towers with one or more spans. Regulations promulgated hereundershall include provisions for the following:

1. The issuance of certificates of inspection prior to the operation of anamusement device;

2. The demonstration of financial responsibility of the owner or operator ofthe amusement device prior to the operation of an amusement device;

3. Maintenance inspections of existing amusement devices;

4. Reporting of accidents resulting in serious injury or death;

5. Immediate investigative inspections following accidents involving anamusement device that result in serious injury or death;

6. Certification of amusement device inspectors;

7. Qualifications of amusement device operators;

8. Notification by amusement device owners or operators of an intent tooperate at a location within the Commonwealth; and

9. A timely reconsideration of the decision of the local building departmentwhen an amusement device owner or operator is aggrieved by such a decision.

B. In promulgating regulations, the Board shall have due regard for generallyaccepted standards as recommended by nationally recognized organizations.Where appropriate, the Board shall establish separate standards for mobileamusement devices and for amusement devices permanently affixed to a site.

C. To assist the Board in the administration of this section, the Board shallappoint an Amusement Device Technical Advisory Committee, which shall becomposed of five members who, by virtue of their education, training oremployment, have demonstrated adequate knowledge of amusement devices or theamusement industry. The Board shall determine the terms of the AmusementDevice Technical Advisory Committee members. The Amusement Device TechnicalAdvisory Committee shall recommend standards for the construction,maintenance, operation and inspection of amusement devices, including thequalifications of amusement device operators and the certification ofinspectors, and otherwise perform advisory functions as the Board may require.

D. Inspections required by this section shall be performed by personscertified by the Board pursuant to subdivision 6 of 36-137 as competent toinspect amusement devices. The provisions of 36-105 notwithstanding, thelocal governing body shall enforce the regulations promulgated by the Boardfor existing amusement devices. Nothing in this section shall be construed toprohibit the local governing body from authorizing inspections to beperformed by persons who are not employees of the local governing body,provided those inspectors are certified by the Board as provided herein. TheBoard is authorized to conduct or cause to be conducted any inspectionrequired by this section, provided that the person performing the inspectionon behalf of the Board is certified by the Board as provided herein.

E. To the extent they are not superseded by the provisions of this sectionand the regulations promulgated hereunder, the provisions of this chapter andthe Uniform Statewide Building Code shall apply to amusement devices.

(1986, c. 427; 1991, c. 152.)