W. Va. Code R. § 42-17-21

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 42-17-21 - Miscellaneous Safety Requirements

21.1. A qualified person shall not permit a ride or attraction operator or assistant who is, or who reasonably appears to be, under the influence of alcohol or a controlled substance, to operate or assist in the operation of the amusement ride or amusement attraction.

21.2. An amusement ride or amusement attraction operator or assistant who is under a doctor's care and who is taking a prescribed medication that could affect his or her ability to safely operate the ride or attraction shall immediately report this information to the qualified person.

21.3. When requested by a passenger, an amusement ride or amusement attraction operator or assistant shall immediately halt the amusement ride or amusement attraction and allow the passenger to disembark.

21.4. Use of automotive equipment or other transportation devices for anchoring an amusement ride or amusement attraction while the amusement ride or amusement attraction is in operation:

21.4.a. If the amusement ride or amusement attraction was not designed by the manufacturer to be anchored with automotive equipment or other transportation devices, the use of such equipment or devices is prohibited.

21.4.b. If the amusement ride or amusement attraction was designed by the manufacturer to be anchored with automotive equipment or other transportation devices, the qualified person shall obtain prior approval from the Commissioner for the use of such equipment or devices and ensure that the following precautions are used at all times while the ride or attraction is in operation:

21.4.b.1. All vehicle batteries shall be disconnected and removed from the vehicle;

21.4.b.2. A steering wheel locking device such as a club shall be placed on the vehicle's steering wheel and shall remain in the locked position;

21.4.b.3. Vehicles shall remain locked and all keys, including the key to the steering wheel locking device, shall be stored in a locked box in a secure location away from the vehicle;

21.4.b.4. There shall be a sign placed in the vehicle window that states "Do Not Move Vehicle Until The [name of the amusement ride or amusement device] Is No Longer In Operation And Has Been Unattached;"

21.4.b.5. All vehicle wheels shall be chocked; and

21.4.b.6. The manufacturer's recommendations for anchoring the amusement ride or amusement device shall be followed at all times.

21.5. Electrical Systems.

21.5.a. The following wiring systems are approved:

21.5.a.1. A three phase five wire system that is grounded at the power source and constructed in accordance with the NFPA 70, 2014 National Electrical Code, Article 522 and Article 525: Provided, That a three phase four wire system that is grounded at the power source and constructed in accordance with the NFPA 70, 2014 National Electrical Code, Article 522 and Article 525 is approved for any area of the state where a three phase five wire system is unavailable; and

21.5.a.2. A single phase four wire system that is grounded at the power source and constructed in accordance with the NFPA 70, 2014 National Electrical Code, Article 522 and Article 525.

21.5.b. When a permanent amusement ride or amusement attraction that has been service proven experiences a failure of its electrical service, all repairs, upgrades, or new service shall comply with the NFPA 70, 2014 National Electrical Code, Article 522.

21.5.c. For an amusement ride or amusement attraction in which water is a major medium, there shall be ground fault interruption circuitry for wiring systems of 240 volts or less, or 30 amps or less.

21.5.d. The owner or operator of an amusement ride or amusement attraction shall ensure that all electrical equipment and devices are guarded against access by unauthorized persons.

21.5.e. For a dark amusement ride or amusement attraction, the track or buss bar supplying voltage to the individual cars shall be maintained at 30 volts or less.

21.6. Fire Extinguishers and Smoke and Fire Detectors.

21.6.a. One Class A, B, and C rated fire extinguisher with a capacity of at least 10 pounds shall be placed on all generator units and fuel-powered amusement rides and attractions.

21.6.b. One Class A, B, and C rated fire extinguisher with a capacity of at least 5 pounds shall be placed at all non-fuel powered amusement rides and attractions.

21.6.c. A dark amusement ride or an amusement attraction shall have a minimum of 1 smoke and fire detector per 500 square foot area.

21.6.c.1. A dark amusement ride or amusement attraction owner or operator shall inspect each smoke and fire detector, and shall maintain them in good working condition.

21.6.c.2. A dark amusement ride or amusement attraction owner or operator shall inspect each smoke and fire detector before beginning operation in this state and every 30 days thereafter.

21.6.c.3. A dark amusement ride or amusement attraction owner or operator shall document each inspection in the ride or attraction maintenance log.

21.6.d. A dark amusement ride or amusement attraction owner or operator shall place at least one Class A, B, and C rated, 10 pound fire extinguisher at each entrance and exit of the ride or attraction and at each operator station that is not located directly at an entrance or exit.

21.6.e. The amusement ride or amusement attraction owner is responsible for the inspection, maintenance and recharging of fire extinguishers in accordance with NFPA 10, 2013 Edition, Chapter 7.

W. Va. Code R. § 42-17-21