HD23 - Amusement Ride Safety

  • Published: 1986
  • Author: General Assembly. Joint subcommittee
  • Enabling Authority: House Joint Resolution 331 (Regular Session, 1985)

Executive Summary:
Virginia currently has no legislation specifically addressing amusement ride safety or inspection. There is no state inspection program, nor does any state agency regulate amusement rides. However, the Uniform Statewide Building Code does provide some regulation of amusement rides.

The Uniform Statewide Building Code regulates the construction and maintenance of buildings and structures. In 1978 the General Assembly amended the definition of "structure" in Virginia Code § 36-97 to include "amusement devices." Therefore, a building permit is required in order to erect an amusement device and the device must be inspected during construction or upon completion. Under Virginia Code § 36-105 local governing bodies have the authority to conduct periodic maintenance inspections of permanent or temporary buildings or structures which are "occupied or to be used by twenty or more persons who are employed, lodged, housed, assembled, served, entertained or instructed therein..." Buildings and structures falling within this definition may be inspected periodically after completion to ensure that there is continuing compliance with Building Code regulations. There are no regulations in the Uniform Statewide Building Code which specifically address the construction, erection or maintenance of amusement rides. General structural and electrical standards apply to amusement devices.

Other Virginia statutes that relate to amusement ride safety do so only in a haphazard fashion.

Virginia Code § 40.1-44.1 authorizes the Virginia Safety and Health Codes Commission to adopt rules to protect the safety and health of employees and the public conveyed in tramways not subject to the Passenger Tramway Safety Act or other hauling and lifting devices used in connection with recreational areas. According to the Department of Labor and Industry, no regulations have been promulgated under § 40.1-44.1 because funding for additional staff positions to implement them has not been available.

Sections 40.1-49.3 through 40.1-51.4:3 address the Occupational Safety and Health Act (OSHA). OSHA inspectors are authorized to inspect any place of employment for possible violations of safety and health standards and may cite, under the general duty clause, safety hazards not addressed in these standards. The protection of this law extends only to employees of the operation, facility or business. Although the enforcement of general industry standards that protect employees also provides some public protection, there are no standards or regulations addressing the construction, design or maintenance of amusement rides.

Sections 40.1-128 through 40.1-134, Passenger Tramway Safety, apply to ski lifts. The Commissioner of the Department of Labor and Industry is authorized to adopt and enforce regulations relating to public safety in the construction, operation and maintenance of passenger tramways. All passenger tramways as defined in § 40.1-128 must be registered with the Department of Labor and Industry. Section 40.1-132 requires that the public liability insurer of the operator or an engineering consultant hired by the operator inspect the tramway and submit a written report to the Department of Labor and Industry. Upon review of the report, a certificate of inspection is issued by the Department. The Department of Labor and Industry reports that regulations have been adopted pursuant to this legislation, and that all ski resorts are registered.