Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-17-7 - Inspection of the Amusement Ride or Attraction Required; Conflict of Interest; Issuance of a Permit to Operate7.1. The Commissioner shall provide written authorization to an inspector, a special inspector or a limited specialty inspector for the inspection of amusement rides or attractions. 7.1.a. The Commissioner shall include the date on which the inspector, the special inspector or the limited specialty inspector is authorized to conduct the inspection.7.1.b. The Commissioner shall identify the specific amusement rides or attractions that the inspector, the special inspector or the limited specialty inspector is authorized to inspect.7.1.c. If there are any changes to the Commissioner's written authorization, the inspector, the special inspector or the limited specialty inspector shall notify the Commissioner of the changes prior to the completion of the inspection.7.2. An inspector, a special inspector or a limited specialty inspector shall inspect an amusement ride or attraction according to the standards adopted in section 4 of this rule and determine that it is in compliance with the Act and this rule, before he or she can issue a permit to operate.7.3. An inspector, a special inspector or a limited specialty inspector shall conduct each inspection of an amusement ride or attraction within the State of West Virginia.7.4. An inspector, a special inspector or a limited specialty inspector shall not inspect an amusement ride or amusement attraction in the following circumstances, which the Commissioner considers to be a conflict of interest: 7.4.a. When the inspector, special inspector or limited specialty inspector, or his or her employer, his or her employee, or a member of his or her immediate family has an ownership interest in the amusement ride, in the amusement attraction or in the business that owns, leases or operates the amusement ride or attraction; or7.4.b. When the inspector, special inspector or limited specialty inspector, or his or her employer, his or her employee, or a member of his or her immediate family has maintained, repaired, modified, built, or engineered the amusement ride or amusement attraction.7.5. A permit to operate shall be in the form of a certificate of inspection, which shall include the date or dates of the inspection.7.6. An inspector, a special inspector or a limited specialty inspector shall affix a copy of the certificate of inspection on the amusement ride or attraction or shall post the certificate of inspection in close proximity to the amusement ride or attraction where it is readily visible to the general public.7.7. An inspector, a special inspector or a limited specialty inspector shall furnish a copy of the inspection report to the Division within 7 days of the inspection.