Title of Regulation: 13VAC5-31. Virginia Amusement Device Regulations (amending 13VAC5-31-40, 13VAC5-31-50).

Statutory Authority: § 36-98.3 of the Code of Virginia.

Public Hearing Information:

May 15, 2017 - 10 a.m. - Virginia Housing Development Authority Virginia Housing Center, 4224 Cox Road, Glen Allen, VA 23060

Public Comment Deadline: April 21, 2017.

Agency Contact: Elizabeth O. Rafferty, Policy and Legislative Director, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7011, FAX (804) 371-7090, TTY (804) 371-7089, or email elizabeth.rafferty@dhcd.virginia.gov.

Background: The Virginia Amusement Device Regulations (VADR) governs the construction and operation of amusement devices, which are by statutory definition devices or structures open to the public by which persons are conveyed or moved in an unusual manner for diversion and passenger tramways. The regulations are closely related to the Uniform Statewide Building Code (13VAC5-63) (USBC) and under state law the USBC applies to amusement devices to the extent that the VADR does not set out differing requirements. Both regulations utilize nationally recognized model building codes and standards to provide the technical requirements for the actual construction of the regulated buildings. Every three years, new editions of the model codes become available. At that time, the Board of Housing and Community Development initiates a regulatory action to incorporate the newest editions of the model codes into the regulation and accepts proposals for changes to the regulation from affected client groups and the public. The Department of Housing and Community Development staff maintains mailing lists for workgroups involving different subject areas of regulation and conducts workgroup meetings to develop consensus recommendations, when possible, concerning submitted proposals. The department uses an online program incorporating the provisions of the regulation and the model codes and standards to facilitate the submittal of proposals. A public hearing is held during the workgroup meeting stage of the process and a comment period established. Once workgroup meetings are completed, the board holds series of meetings to consider each proposal, and the approved proposals are incorporated into the proposed regulation. After publication of the proposed regulations, the board establishes a comment period for the acceptance of comments on amendments reflected in the proposed regulation, and an additional public hearing is held. The board then meets to consider proposals and public comments and develops a final regulation to complete the regulatory process.

Summary:

The proposed amendments to the VADR in this regulatory action are as follows:

13VAC5-31-40 A 2: Update the referenced standards for amusement devices to the latest editions available.

13VAC5-31-50: The Virginia Certification Standards (13VAC5-21) (VCS), also a regulation under the authority of the board, was amended and became effective in September of 2014. It sets out periodic training and continuing education requirements for maintaining inspector certificates issued by the board. Prior to the amendments to the VCS, the VADR contained those requirements. Now that the VCS contains the requirements, those requirements are being deleted from the VADR, and a reference to the VCS is added in place of the requirements.

13VAC5-31-40. Incorporated standards.

A. The following standards are hereby incorporated by reference for use as part of this chapter:

1. American National Standards Institute (ANSI) Standard No. B77.1-2011 for the regulation of passenger tramways; and

2. American Society for Testing and Materials (ASTM) Standard Nos. F698-94, F747-06 F747-15, F770-11 F770-15, F846-92 (2009), F853-05, F893-10, F1159-11 F1159-15b, F1193-06 F1193-16, F1957-99 (2011), F2007-12, F2137-11 F2137-16, F2291-11 F2291-15, F2374-10, F2375-09, F2376-08 F2376-13, F2460-11, and F2959-12 F2959-16, and F2974-15 for the regulation of amusement devices.

The standards referenced above may be procured from:

ANSI 25 W 43rd Street New York, NY 10036

ASTM 100 Barr Harbor Dr. West Conshohocken, PA 19428-2959

B. The provisions of this chapter govern where they are in conflict with any provisions of the standards incorporated by reference in this chapter.

C. The following requirements supplement the provisions of the ASTM standards incorporated by reference in this chapter:

1. The operator of an amusement device shall be at least 16 years of age, except when the person is under the supervision of a parent or guardian and engaged in activities determined not to be hazardous by the Commissioner of the Virginia Department of Labor and Industry;

2. The amusement device shall be attended by an operator at all times during operation except that (i) one operator is permitted to operate two or more amusement devices provided they are within the sight of the operator and operated by a common control panel or station and (ii) one operator is permitted to operate two small mechanical rides with separate controls provided the distance between controls is no more than 35 feet and the controls are equipped with a positive pressure switch; and

3. The operator of an amusement device shall not be (i) under the influence of any drugs which may affect the operator's judgment or ability to assure the safety of the public or (ii) under the influence of alcohol.

D. Where an amusement device was manufactured under previous editions of the standards incorporated by reference in this chapter, the previous editions shall apply to the extent that they are different from the current standards.

13VAC5-31-50. Certification of amusement device inspectors.

A. Any person, including local building department personnel, inspecting an amusement device relative to a certificate of inspection shall possess certification as an amusement device inspector in accordance with the Virginia Certification Standards (13VAC5-21).

B. Local building department personnel enforcing this chapter and private inspectors shall attend periodic maintenance training as designated by DHCD. In addition to the periodic maintenance training required above, local building department personnel and private inspectors shall attend 16 hours of continuing education every two years as approved by DHCD. If local building department personnel or private inspectors possess more than one BHCD certificate, the 16 hours shall satisfy the continuing education requirement for all BHCD certificates.

Note: Continuing education and periodic training requirements for DHCD certifications are set out in the Virginia Certification Standards (13VAC5-21).

DOCUMENTS INCORPORATED BY REFERENCE (13VAC5-31)

ANSI B77.1-2011, Passenger Ropeways – Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – Safety Requirements, American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036 (http://www.ansi.org/)

American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; (http://www.astm.org/):

ASTM F698-94, Standard Specification for Physical Information to be Provided for Amusement Rides and Devices

ASTM F747-06 F747-15, Standard Terminology Relating to Amusement Rides and Devices

ASTM F770-11 F770-15, Standard Practice for Ownership, and Operation, Maintenance, and Inspection of Amusement Rides and Devices

ASTM F846-92 (2009), Standard Guide for Testing Performance of Amusement Rides and Devices

ASTM F853-05, Standard Practice for Maintenance Procedures for Amusement Rides and Devices

ASTM F893-10, Standard Guide for Inspection of Amusement Rides and Devices

ASTM F1159-11 F1159-15b, Standard Practice for Design and Manufacture of Patron Directed, Artificial Climbing Walls, Dry Slide, Coin Operated and Purposeful Water Immersion of Amusement Rides and Devices and Air-Supported Structures that are Outside the Purview of Other F24 Design Standards

ASTM F1193-06 F1193-16, Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices

ASTM F1957-99 (2011), Standard Test Method for Composite Foam Hardness-Durometer Hardness

ASTM F2007-12, Standard Practice for Classification, Design, Manufacture, and Operation of Concession Go-Karts and Facilities

ASTM F2137-11 F2137-16, Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices

ASTM F2291-11 F2291-15, Standard Practice for Design of Amusement Rides and Devices

ASTM F2374-10, Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices

ASTM F2375-09, Standard Practice for Design, Manufacture, Installation and Testing of Climbing Nets and Netting/Mesh used in Amusement Rides, Devices, Play Areas and Attractions

ASTM F2376-08 F2376-13, Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems

ASTM F2460-11, Standard Practice for Special Requirements for Bumper Boats

ASTM F2959-12 F2959-16, Standard Practice for Special Requirements for Aerial Adventure Courses

ASTM F2974-15, Standard Guide for Auditing Amusement Rides and Devices