Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-17-5 - Permit to Operate Required; Permit Application Requirements; Permit Fee; Application Amendments5.1. Before beginning the operation of any amusement ride or attraction in West Virginia, the owner or operator shall submit a written application for a permit at least 15 days before the first intended date of use and provide all information as the Commissioner may require on a form supplied by the Division.5.2. An owner of an amusement ride or attraction shall include the following information on the permit application: 5.2.a. The name and address of the owner of the amusement ride or attraction;5.2.b. Registration of the make, model, serial number, and the name and address of the manufacturer of the amusement ride or attraction;5.2.c. Documentation of the liability insurance policy covering the amusement ride or attraction in an amount not less than that specified by W. Va. Code § 21-10-12;5.2.d. If required by the manufacturer of the amusement ride or attraction, the most current non-destructive testing report;5.2.e. The completed "Notice of Scheduled Inspection" form;5.2.f. A copy of the owner's West Virginia business registration certificate; and5.2.g. A schedule of play dates in West Virginia for the effective period of the requested permit, to include the following information:5.2.g.1. Identification of the immediate site of operation;5.2.g.2. The amusement ride or attraction setup date;5.2.g.3. The starting date and time of usage for the ride or attraction; and5.2.g.4. The amusement ride or attraction disassembly date.5.3. The owner's name and address on the West Virginia business registration certificate, the permit application, and the liability insurance policy shall be identical.5.4. A permit to operate an amusement ride or attraction shall expire annually on December 31st.5.5. A permit to operate shall be valid only for the amusement rides or amusement attractions registered with the Commissioner.5.6. A permit to operate shall be valid only for the play dates and locations provided on the application or on an amendment to the application.5.7. The owner of the amusement ride or amusement attraction shall include the permit fee as set forth in W. Va. Code § 21-10-4 for each amusement ride or device included with the permit application.5.8. If an owner needs to amend any information on the permit application, he or she shall submit the amendment to the Commissioner on a form provided by the Division at least 24 hours before the first intended date of use of the amusement ride or attraction.5.9. If an owner needs to amend, change or add play dates after he or she has submitted the initial permit application, he or she shall submit the amendment no later than 11:00 am on Friday for weekend play dates or no later than 11:00 am on Thursday if Friday is a legal holiday. 5.10. In addition to the requirements set forth in this section, the owner of a mobile amusement ride or attraction shall include the following information with the application on a form provided by the Commissioner: 5.10.a. The planned schedule of play dates in West Virginia, including the dates and the actual physical addresses of the locations; and5.10.b. The name of the sponsor or land owner at each physical location where use of the amusement ride or attraction is planned.5.11. Upon receipt of a complete uncontested application, the Commissioner shall issue a permit to operate within 30 days.5.12. If the application is contested by the Commissioner, he or she shall have 90 days to take final action on the application.5.12.a. The Commissioner shall promptly notify the applicant in writing, either by email or certified mail, return receipt requested, of the reasons for contesting the application and afford the applicant the opportunity to respond.5.12.b. If, after notice, the applicant fails to respond to the Commissioner's objections, the Commissioner shall deny the application.