REGULATIONS  
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Volume 34, Issue 18  Virginia Register of Regulations  April 30, 2018  
1614  REGULATIONS  
TITLE 13. HOUSING  
BOARD  OF HOUSING AND COMMU NITY 
DEVELOPMENT  
Final Regulation  
REGISTRAR'S NOTICE:  The Board of Housing and 
Community Development is claiming an exemption from 
Article 2 of the Administrative Process Act pursuant to §  2.2-
4006 A 12 of the Code of Virginia, which excludes 
regulations adopted by the Board of Housing and Community 
Developm ent pursuant to the Statewide Fire Prevention Code 
(§ 27-94 et seq.), the Industrialized Building Safety Law 
(§ 36-70 et seq.), the Uniform Statewide Building Code 
(§ 36-97 et seq.), and §  36-98.3 of the Code of Virginia, 
provided the board (i) provides a Notice of Intended 
Regulatory Action in conformance with the provisions of 
§ 2.2-4007.01, (ii) publishes the proposed regulation and 
provides an opportunity for oral and written comments as 
provided in §  2.2-4007.03, and (iii) conducts at least one 
public hearing as provided in §  § 2.2-4009 and 36 -100 prior 
to the publishing of the proposed regulations.  
Title of Regulation:  13VAC5 -31. Virginia Amusement 
Device Regulations  (amending 13VAC5 -31-40, 13VAC5 -
31-50, 13VAC5 -31-75, 13VAC5 -31-210).  
Statutory Authority:  § 36-98.3 of the Code of Virginia.  
Effective Date:  September 4, 2018.  
Agency Contact:  Elizabeth O. Rafferty, Policy and 
Legislative Director, Department of Housing and Community 
Development, Main Street Centre, 600 East Main Street, 
Suite 300, Richmond, VA 23219, telephone (804) 371 -7011, 
FAX (804) 371 -7090, TTY (804) 371 -7089, or email 
elizabeth.rafferty@dhcd.virginia.gov.  
Summary:  
The amendments to the Virginia Amu sement Device 
Regulations are as follows:  
13VAC5 -31-40 and 13VAC5 -31-210: Updates the 
referenced standards for amusement devices to the latest 
editions available.  
13VAC5 -31-50: The Virginia Certification Standards 
(13VAC5 -21) (VCS), also a regulation under  the authority 
of the board, was amended and became effective in 
September of 2014. It sets out periodic training and 
continuing education requirements for maintaining 
inspector certificates issued by the board. Prior to the amendments to the VCS, the Virg inia Amusement Device 
Regulations contained those requirements. Now that the 
VCS contains the requirements, those requirements are 
being deleted from the Virginia Amusement Device 
Regulations, and a reference to the VCS is added in place 
of the requirement s. 
13VAC5 -31-75: Allows the full permit fee to be charged by 
the locality when the inspector is paid by the locality.  
13VAC5 -31-40. Incorporated standards.  
A. The following standards are hereby incorporated by 
reference for use as part of this chapter:  
1. American National Standards Institute (ANSI) Standard 
No. B77.1 -2011 for the regulation of passenger tramways; 
and 
2. American Society for Testing and Materials (ASTM) 
Standard Nos. F698 -94, F747 -06 F747 -15, F770 -11 F770 -
15, F846 -92 (2009), F853 -05, F893 -10, F1159 -11 F1159 -
15b, F1193 -06 F1193 -16, F1957 -99 (2011), F2007 -12, 
F2137 -11 F2137 -16, F2291 -11 F2291 -15, F2374 -10, 
F2375 -09, F2376 -08 F2376 -13, F2460 -11, and F2959 -12 
F2959 -16, and F2974 -15 for the regulation of amusement 
devices.  
The standards reference d above may be procured from:  
ANSI  
25 W 43rd Street  
New York, NY 10036  ASTM  
100 Barr Harbor Dr.  
West Conshohocken, 
PA 19428 -2959  
B. The provisions of this chapter govern where they are in 
conflict with any provisions of the standards incorporated by 
reference in this chapter.  
C. The following requirements supplement the provisions of 
the ASTM standards incorporated by reference in this 
chapter:  
1. The operator of an amusement device shall be at least 16 
years of age, except when the person is under the 
supervision of a parent or guardian and engaged in 
activities determined not to be hazardous by the 
Commissioner of the Virginia De partment of Labor and 
Industry;  
2. The amusement device shall be attended by an operator 
at all times during operation except that (i) one operator is 
permitted to operate two or more amusement devices 
provided they are within the sight of the operator an d 
operated by a common control panel or station and (ii) one Regulations  
Volume 34, Issue 18  Virginia Register of Regulations  April 30, 2018  
1615 operator is permitted to operate two small mechanical rides 
with separate controls provided the distance between 
controls is no more than 35 feet and the controls are 
equipped with a positive pre ssure switch; and  
3. The operator of an amusement device shall not be (i) 
under the influence of any drugs which may affect the 
operator's judgment or ability to assure the safety of the 
public or (ii) under the influence of alcohol.  
D. Where an amusemen t device was manufactured under 
previous editions of the standards incorporated by reference 
in this chapter, the previous editions shall apply to the extent 
that they are different from the current standards.  
13VAC5 -31-50. Certification of amusement devi ce 
inspectors.  
A. Any person, including local building department 
personnel, inspecting an amusement device relative to a 
certificate of inspection shall possess certification as an 
amusement device inspector in accordance with the Virginia 
Certification S tandards (13VAC5 -21).  
B. Local building department personnel enforcing this 
chapter and private inspectors shall attend periodic 
maintenance training as designated by DHCD. In addition to 
the periodic maintenance training required above, local 
building de partment personnel and private inspectors shall 
attend 16 hours of continuing education every two years as 
approved by DHCD. If local building department personnel 
or private inspectors possess more than one BHCD certificate, 
the 16 hours shall satisfy the  continuing education 
requirement for all BHCD certificates.   
Note: Continuing education and periodic training 
requirements for DHCD certifications are set out in the 
Virginia Certification Standards (13VAC5 -21). 
[ Part II  
Enforcement, Permits and Certifi cates of Inspection  
13VAC5 -31-75. Local building department.  
A. In accordance with §§  36-98.3 and 36 -105 of the Code of 
Virginia, the local building department shall be responsible 
for the enforcement of this chapter and may charge fees for 
such enforcem ent activity. The total amount charged for any 
one permit to operate an amusement device or devices or the 
renewal of such permit shall not exceed the following, except 
that when a private inspector is used by the owner or operator 
of the device , the fees shall be reduced by 75%:  
1. $35 for each small mechanical ride or inflatable 
amusement device covered by the permit;  
2. $55 for each circular ride or flat -ride less than 20 feet in 
height covered by the permit;  
3. $75 for each spectacular ride covered b y the permit that 
cannot be inspected as a circular ride or flat -ride in subdivision 2 of this subsection due to complexity or 
height;  
4. $200 for each coaster covered by the permit that exceeds 
30 feet in height; and  
5. The local building department may  charge an additional 
fee for permits and inspections of generators and 
associated wiring for amusement device events. Generators 
subject to these fees are those used exclusively with 
amusement devices and that are inspected by the local 
building departmen t. The fee per event shall not exceed 
$165 and shall not exceed the actual cost to perform the 
inspection or inspections.  
Exception: Small portable generators serving only cord and 
plug connected equipment loads are not subject to the fee.  
Notwithstanding the above  fee limitations established in this 
section , the local building department shall be permitted to 
increase the fees up to 50% when requested to perform 
weekend or after -hour inspections.  
B. Notwithstanding the provisions of subsec tion A of this 
section, when an amusement device is constructed in whole 
or in part at a site for permanent operation at that site and is 
not intended to be disassembled and moved to another site, 
then the local building department may utilize permit and 
inspection fees established pursuant to the USBC to defray 
the cost of enforcement. This authorization does not apply to 
an amusement device that is only being reassembled, 
undergoing a major modification at a site or being moved to a 
site for operation.  
C. A permit application shall be made to the local building 
department at least five days before the date in which the 
applicant intends to operate an amusement device. The 
application shall include the name of the owner, operator or 
other person assuming r esponsibility for the device or 
devices , a general description of the device or devices  
including any serial or identification numbers available, the 
location of the property on which the device or devices  will 
be operated , and the length of time of operation. The permit 
application shall indicate whether a private inspector will be 
utilized  used. If a private inspector is not utilized  used, the 
applicant shall give reasonable notice when an inspection is 
sought and may stip ulate the day such inspection is requested 
provided it is during the normal operating hours of the local 
building department. In addition to the information required 
on the permit application, the applicant shall provide proof of 
liability insurance of an amount not less than $1,000,000  $1 
million  per occurrence or proof of equivalent financial 
responsibility. The local building department shall be notified 
of any change in the liability insurance or financial 
responsibility during the period covered by the  permit.  
D. Notwithstanding the provisions of subsection C of this 
section, a permit application is not required for a small 
mechanical ride or an inflatable amusement device that has a Regulations  
Volume 34, Issue 18  Virginia Register of Regulations  April 30, 2018  
1616  certificate of inspection issued by any local building 
department in this Commonwealth either a six -month period 
for small mechanical rides or within a one -year period for 
inflatable amusement devices prior to the dates the small 
mechanical ride or inflatable amusement device is to be used, 
regardless of whether the device has been disassembled and 
moved to a new site. In such cases, the local building 
department shall be notified at least three days prior to the 
operation of the small mechanical ride or the inflatable 
amusement device and the information required on a permi t 
application as listed in subsection C of this section shall be 
provided to the local building department. In addition, and 
notwithstanding the provisions of subsection A of this 
section, the local building department shall be permitted to 
charge a $50 in spection fee per event to the person notifying 
the local building department of an event where an inflatable 
amusement device is operating , if the local building 
department chooses to inspect any or all of the inflatable 
amusement devices operating at that  event. An inspection 
report shall be provided to the person notifying the local 
building department of the event if such an inspection is 
conducted.  
E. Local building department personnel shall examine the 
permit application within five days and issue th e permit if all 
requirements are met. A certificate of inspection for each 
amusement device shall be issued when the device has been 
found to comply with this chapter by a private inspector or by 
an inspector from the local building department. It shall be  
the responsibility of the local building department to verify 
that the private inspector possesses a valid certificate of 
competence as an amusement device inspector from the 
Virginia Board of Housing and Community Development. In 
addition, local building  department personnel shall be 
responsible for assuring that the certificate of inspection is 
posted or affixed on or in the vicinity of the device in a 
location visible to the public. Local building department 
personnel shall post or affix such certificat es or permit the 
certificates to be posted or affixed by the private inspector. 
Permits shall indicate the length of time the device or devices 
will be operated at the site, clearly identify the device or 
devices to which it applies and the date of expirat ion of the 
permit. Permits shall not be valid for longer than one year, 
except that permits for small mechanical rides shall not be 
valid for longer than six months.  
F. In addition to obtaining a certificate of inspection in 
conjunction with a permit appl ication for amusement devices 
permanently fixed to a site, a new certificate of inspection 
shall also be obtained prior to the operation of an amusement 
device following a major modification, prior to each seasonal 
operation of a device, at least once duri ng the operating 
season and prior to resuming the operation of a device 
following an order from a local building department to cease 
operation. This requirement shall not apply to small mechanical rides meeting the conditions outlined in 
subsection D of th is section.  
G. For amusement devices manufactured prior to 1978, the 
owner or operator shall have the information required by 
§§ 2.1 10.1 through 2.6 10.6 of ASTM F698  F1193  available 
at the time of inspection. In addition, the operator of any 
amusement d evice shall be responsible for obtaining all 
manufacturer's notifications, service bulletins and safety 
alerts issued pursuant to ASTM F853  F770  and the operator 
shall comply with all recommendations and requirements set 
out in those documents. A copy of a ll such documents shall 
be made available during an inspection.  
H. In the enforcement of this chapter, local building 
department personnel shall have authority to conduct 
inspections at any time an amusement device would normally 
be open for operation or at any other time if permission is 
granted by the owner or operator, to issue an order to 
temporarily cease operation of an amusement device upon the 
determination that the device may be unsafe or may otherwise 
endanger the public and to accept and approve  or deny 
requests for modifications of the rules of this chapter in 
accordance with the modification provisions of the USBC.  
I. In accordance with subdivision 7 of §  36-137 of the Code 
of Virginia, the local building department shall collect a 2.0% 
levy o f fees charged for permits under this chapter and 
transmit it quarterly to DHCD to support training programs of 
the Virginia Building Code Academy. Localities that 
maintain individual or regional training academies accredited 
by DHCD shall retain such levy .  
J. In accordance with §  36-98.3 of the Code of Virginia and 
13VAC5 -31-10 B, the procedures for violations of this 
chapter shall be as prescribed in the USBC.  
K. In accordance with §  36-98.1 of the Code of Virginia, the 
Virginia Department of General Se rvices (DGS) shall 
function as the local building department for the application 
of this chapter to amusement devices located on state -owned 
property. In accordance with §§  36-98.2 and 36 -114 of the 
Code of Virginia, appeals of the application of this chap ter by 
the DGS shall be made directly to the State Building Code 
Technical Review Board. Further, as a condition of this 
chapter, such appeals shall be filed within 14 calendar days 
after receipt of the decision of DGS.  
Part VI  
Artificial Climbing Walls  
13VAC5 -31-210. General requirements.  
In addition to other applicable requirements of this chapter, 
artificial climbing walls shall be operated, maintained and 
inspected in accordance with ASTM  F1159  F1193 .  
Notwithstanding any requirements of this chapter  to the 
contrary, an artificial climbing wall may be moved, setup and 
operated without obtaining a permit provided the wall has a Regulations  
Volume 34, Issue 18  Virginia Register of Regulations  April 30, 2018  
1617 certificate of inspection issued by a local building department 
in this Commonwealth within the prior 90 days and the 
expirati on date of the wire ropes used with the device does 
not expire within that 90 -day period.  ]  
DOCUMENTS INCORPORATED BY REFERENCE 
(13VAC5 -31)  
ANSI B77.1 -2011, Passenger Ropeways – Aerial 
Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – 
Safety Re quirements, American National Standards Institute 
(ANSI), 25 West 43rd Street, 4th Floor, New York, NY 
10036 ( http://www.ansi.org/ ) 
American Society for Testing and Materials (ASTM), 100 
Barr Harbor Drive, West Conshoho cken, PA 19428 -2959; 
(http://www.astm.org/ ): 
ASTM F698 -94, Standard Specification for Physical 
Information to be Provided for Amusement Rides and 
Devices  
ASTM F747 -06 F747 -15, Standard Terminology Relating 
to Amusement Rides and Devices  
ASTM F770 -11 F770 -15, Standard Practice for Ownership 
and, Operation , Maintenance, and Inspection  of 
Amusement Rides and Devices  
ASTM F846 -92 (2009), Standard Guide for Testing 
Performance of Amusement Rides and Devices  
ASTM F853 -05, Stan dard Practice for Maintenance 
Procedures for Amusement Rides and Devices  
ASTM F893 -10, Standard Guide for Inspection of 
Amusement Rides and Devices  
ASTM F1159 -11 F1159 -15b, Standard Practice for Design 
and Manufacture of Patron Directed, Artificial Climbin g 
Walls, Dry Slide, Coin Operated and Purposeful Water 
Immersion  of Amusement Rides and Devices and Air -
Supported Structures  that are Outside the Purview of Other 
F24 Design Standards  
ASTM F1193 -06 F1193 -16, Standard Practice for Quality, 
Manufacture, and Construction of Amusement Rides and 
Devices  
ASTM F1957 -99 (2011), Standard Test Method for 
Composite Foam Hardness -Durometer Hardness  
ASTM F2007 -12, Standard Practice for Classification, 
Design, Manufacture, and Operation of Concession Go -
Karts and Facilities  
ASTM F2137 -11 F2137 -16, Standard Practice for 
Measuring the Dynamic Characteristics of Amusement 
Rides and Devices  
ASTM F2291 -11 F2291 -15, Standard Practice for Design 
of Amusement Rides and Devices  ASTM F2374 -10, Standard Practice for Design, 
Manufacture, Operation, and Maintenance of Inflatable 
Amusement Devices  
ASTM F2375 -09, Standard Practice for Design, 
Manufacture, Installation and Testing of Climbing Nets 
and Netting/Mesh used in Amusement Rides, Devices, 
Play Areas and Attractions  
ASTM F2376 -08 F2376 -13, Standard Practice for 
Classification, Design, Manufacture, Construction, and 
Operation of Water Slide Systems  
ASTM F2460 -11, Standard Practice for Special 
Requirements for Bumper Boats  
ASTM F2959 -12 F2959 -16, Standard Practice for Special  
Requirements for  Aerial Adventure Courses  
ASTM F2974 -15, Standard Guide for Auditing 
Amusement Rides and Devices  
VA.R. Doc. No. R16 -4667; Filed April 9, 2018, 1:12 p.m.  
Final Regulation  
REGISTRAR'S NOTICE:  The Board of Housing and 
Community Development i s claiming an exemption from 
Article 2 of the Administrative Process Act pursuant to §  2.2-
4006 A 12 of the Code of Virginia, which excludes 
regulations adopted by the Board of Housing and Community 
Development pursuant to the Statewide Fire Prevention Cod e 
(§ 27-94 et seq.), the Industrialized Building Safety Law 
(§ 36-70 et seq.), the Uniform Statewide Building Code 
(§ 36-97 et seq.), and §  36-98.3 of the Code of Virginia, 
provided the board (i) provides a Notice of Intended 
Regulatory Action in conforman ce with the provisions of 
§ 2.2-4007.01, (ii) publishes the proposed regulation and 
provides an opportunity for oral and written comments as 
provided in §  2.2-4007.03, and (iii) conducts at least one 
public hearing as provided in §  § 2.2-4009 and 36 -100 pr ior 
to the publishing of the proposed regulations.  
Title of Regulation:  13VAC5 -51. Virginia Statewide Fire 
Prevention Code  (amending 13VAC5 -51-11 through 
13VAC5 -51-155; adding 1 3VAC5 -51-144.5, 13VAC5 -51-
144.7, 13VAC5 -51-144.8, 13VAC5 -51-144.9, 13VAC5 -51-
154.9; repealing 13VAC5 -51-146).  
Statutory Authority:  § 27-97 of the Code of Virginia.  
Effective Date:  October 16, 2018.  
Agency Contact:  Elizabeth O. Rafferty, Policy and 
Legisl ative Director, Department of Housing and Community 
Development, Main Street Centre, 600 East Main Street, 
Suite 300, Richmond, VA 23219, telephone (804) 371 -7011, 
FAX (804) 371 -7090, TTY (804) 371 -7089, or email 
elizabeth.rafferty@dhcd.virginia.gov.