West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means
				the Amusement Rides and Amusement Attractions Safety Act, W. Va. Code §
									21-10-1
et seq
.
3.2. "ASTM
				International" refers to the organization formerly known as the American
				Society for Testing and Materials, 100 Barr Harbor Drive, P. O. Box C700, West
				Conshohocken, PA 19428-2959.
3.3.
				"Class A rated fire extinguisher" means a fire extinguisher that is rated as
				being effective against fires involving paper, wood, textiles and
				plastics.
3.4. "Class B rated fire
				extinguisher" means a fire extinguisher that is rated as being effective
				against flammable liquid fires.
3.5. "Class C rated fire extinguisher" means
				a fire extinguisher that is effective against fires with live electrical
				equipment.
3.6. "Coin operated," as
				used in W. Va. Code §
									21-10-2(a),
				means and is limited to a kiddie ride that is operated by inserting a coin or
				coins and is not equipped with a method or way to control the ride's operation,
				direction of travel or speed.
3.7.
				"Commissioner" means the Commissioner of the West Virginia Division of Labor or
				his or her designated representatives.
3.8. "Complete application" means an
				application that includes all the information required in section 5 of this
				rule.
3.9. "Contested application"
				means an application that the Commissioner challenges, which can include, but
				is not limited to, incomplete information.
3.10. "Dark amusement ride" or "dark
				amusement attraction" means an amusement ride or amusement attraction that is
				enclosed so that all illumination is by artificial means.
3.11. "Days" means calendar days.
3.12. "Division" refers to the West Virginia
				Division of Labor, including all its sections and personnel.
3.13. "Emergency numbers" means the telephone
				numbers of a local ambulance, fire department, police department and physician
				that will respond to the scene of an emergency.
3.14. "Employee" means a person hired by an
				amusement ride or amusement attraction owner, operator, or agent, whether on a
				temporary or permanent basis, and who receives monies, goods, or services as
				compensation for services rendered.
3.15. "Final action" means the issuance or
				denial of an application for a permit.
3.16. "First aid" means the one-time
				treatment or observation of scratches, cuts not requiring stitches, burns,
				splinters and contusions.
3.17.
				"First-aid kit" means a weatherproof container with individually sealed
				packages for each type of item, as approved by a consulting
				physician.
3.18. "General public,"
				as referred to in W. Va. Code §
									21-10-3, means
				any person riding an amusement ride, using an amusement attraction, or who is
				situated within the vicinity of an amusement ride or amusement
				attraction.
3.19. "Immediate
				family" means a person's parents, spouse, sibling, child or guardian, or their
				spouses.
3.20. "Immediate site of
				operation" means the exact physical location where the amusement ride or
				attraction is being operated, including the street address, and the name of the
				town or city.
3.21. "Imminent
				danger" means a practice or condition which could reasonably be expected to
				cause death or serious injury to ride passengers, ride operators and/or the
				general public.
3.22. "Inflatable
				amusement device" or "air supported structure" means an inflated amusement ride
				or attraction designed for use that includes, but is not limited to, bouncing,
				climbing, sliding or interactive play, is made of flexible fabric and relies on
				air pressure to maintain its shape.
3.23. "Inspector" means an inspector employed
				by the Division of Labor.
3.24.
				"Limited specialty inspector" means an inspector certified by the Commissioner
				who is limited to inspecting inflatable amusement devices or air supported
				structures, climbing walls, trackless trains, EuroBungees and mechanical
				bulls.
3.25. "NAARSO" refers to the
				National Association of Amusement Ride Safety Officials, P. O. Box 638,
				Brandon, FL 33509.
3.26. "NEC" or
				the "National Electric Code," published by the National Fire Protection
				Association, are standards for the safe installation of electrical wiring and
				equipment in the United States.
3.27. "NFPA" refers to the National Fire
				Protection Association, located at 1 Batterymarch Park, Quincy, MA
				02169.
3.28. "NDT" means
				non-destructive testing.
3.29.
				"Operator assistant" means a person assisting the ride or attraction operator
				in the operation of any amusement ride or attraction.
3.30. "Ownership interest" means a person who
				owns any percentage of business assets.
3.31. "Play dates" means the dates that an
				amusement ride or amusement attraction is available to the general
				public.
3.32. "Qualified person"
				means an owner, operator, or agent or an employee of an owner, operator, or
				agent who has the documented training and experience to assemble, set up,
				operate, and disassemble an amusement ride or attraction.
3.33. "Serious injury" means an injury that
				results in death, loss of consciousness, or requires medical treatment by a
				physician or other medical professional for which a record is
				created.
3.34. "Service proven"
				means an amusement ride or attraction, including a major modification to an
				amusement ride or attraction, which has been in service to the public for a
				minimum of 5 years, without having a significant design-related failure or
				significant design-related safety issue that has not been mitigated.
3.35. "Special inspector" means an inspector
				certified by the Commissioner and not employed by the Division.
3.36. "Unscheduled cessation of operation"
				means an unplanned cessation of operation of an amusement ride or amusement
				attraction due to any mechanical, electrical, operational or structural
				malfunction, modification or adjustment or due to any environmental conditions,
				including weather.