Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-17-3 - Definitions3.1. "Act" means the Amusement Rides and Amusement Attractions Safety Act, W. Va. Code § 21-10-1et 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.