Title of Regulation: 13VAC5-31. Virginia Amusement Device Regulations (amending 13VAC5-31-20, 13VAC5-31-30, 13VAC5-31-40).

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

Effective Date: January 18, 2024.

Agency Contact: Trisha Lindsey, Policy Planning Manager III, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7000, FAX (804) 371-7090, TDD (804) 371-7089, or email trisha.lindsey@dhcd.virginia.gov.

Background: The Virginia Amusement Device Regulations (VADR) govern 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 regulation is closely related to the Virginia 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 use 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 (BHCD) 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 stakeholders 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 attended by stakeholder groups and the public to develop consensus recommendations, when possible, concerning proposals that have been submitted. 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 BHCD has a series of meetings to consider each proposal, and those proposals approved are incorporated into the proposed regulation. After the publishing of the proposed regulation, the BHCD establishes a comment period and holds an additional public hearing. The BHCD then meets to consider public comments to develop a final regulation to complete the regulatory process.

Summary:

The amendments include (i) adding a definition for "serious injury or illness"; (ii) clarifying that nonmechanized playground equipment is not considered an amusement device; and (iii) updating the American Society for Testing and Materials (ASTM) standards incorporated by reference into the regulation to the most current editions.

13VAC5-31-20. Definitions.

A. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Amusement device" means (i) a device or structure open to the public by which persons are conveyed or moved in an unusual manner for diversion, but excluding snow tubing parks and rides, ski terrain parks, ski slopes, and ski trails, and (ii) passenger tramways. For the purpose of this definition, the phrase "open to the public" means that the public has full access to a device or structure at an event, irrespective of whether a fee is charged. The use of devices or structures at private events is not considered to be open to the public.

"Bungee cord" means the elastic rope to which the jumper is attached which that lengthens and shortens to produce a bouncing action.

"Carabineer" means a shaped metal device with a gate used to connect sections of a bungee cord, jump rigging, equipment, or safety gear.

"Certificate of inspection" means the certificate or sticker for amusement devices distributed by DHCD.

"DHCD" means the Virginia Department of Housing and Community Development.

"Gravity ride" means a ride that is installed on an inclined surface, which that depends on gravity for its operation to convey a passenger from the top of the incline to the bottom, and which that conveys a passenger in or on a carrier tube, bag, bathing suit, or clothes.

"Ground operator" means a person who assists the jump master to prepare a jumper for jumping.

"Harness" means an assembly to be worn by a bungee jumper to be attached to a bungee cord. It is designed to prevent the wearer from becoming detached from the bungee system.

"Institutional trampoline" means a trampoline intended for use in a commercial or institutional facility.

"Jump master" means a person who has responsibility for the bungee jumper and who takes the jumper through the final stages to the actual jump.

"Jump zone" means the space bounded by the maximum designed movements of the bungee jumper.

"Jumper" means the person who departs from a height attached to a bungee system.

"Landing area" means the surface area of ground or water directly under the jump zone, the area where the lowering device moves the bungee jumper to be landed away from the jump space, and the area covered by the movement of the lowering device.

"Local building department" means the agency or agencies of the governing body of any city, county, or town in this Commonwealth charged with the enforcement of the USBC.

"Operating manual" means the document that contains the procedures and forms for the operation of bungee jumping equipment and activity at a site.

"Passenger tramway" means a device used to transport passengers uphill, and suspended in the air by the use of steel cables, chains or belts, or ropes, and usually supported by trestles or towers with one or more spans.

"Platform" means the equipment attached to the structure from which the bungee jumper departs.

"Private inspector" means a person performing inspections who is independent of the company, individual, or organization owning, operating, or having any vested interest in an amusement device being inspected.

"Serious injury or illness" means a personal injury or personal illness that results in death; dismemberment; significant disfigurement; permanent loss of the use of a body organ, member, function, or system; a compound fracture; or other significant injury or illness that requires immediate admission and overnight hospitalization and observation by a licensed physician.

"Small mechanical ride" means an amusement device, other than an inflatable amusement device, where (i) the assembly time for the device is two hours or less, (ii) the revolutions per minute of any rotation of the components of the device is not greater than seven, (iii) the device has a footprint of less than 500 square feet, and (iv) the device does not invert a patron or lift a patron more than three feet in the air, measured from the ground to the bottom of the patron's feet when the device is operating.

"Trampoline court" means a defined area comprising one or more institutional trampolines or a series of institutional trampolines.

"Ultimate tensile strength" means the greatest amount of load applied to a bungee cord prior to failure.

"USBC" means the Virginia Uniform Statewide Building Code (13VAC5-63).

B. Words and terms used in this chapter which that are defined in the USBC shall have the meaning ascribed to them in that regulation unless the context clearly indicates otherwise.

C. Words and terms used in this chapter which that are defined in the standards incorporated by reference in this chapter shall have the meaning ascribed to them in those standards unless the context clearly indicates otherwise.

13VAC5-31-30. Devices covered and exempt.

A. The following devices, identified by name or description, when open to the public shall be considered amusement devices subject to this chapter. The list is intended only to clarify questionable devices, while the definition of an "amusement device" in 13VAC5-31-20 is generally used to determine the applicability of this chapter.

1. Inflatable amusement devices;

2. Zip lines; and

3. Trampoline courts.

B. The following equipment or devices shall not be considered amusement devices subject to this chapter:

1. Nonmechanized playground or recreational equipment such as swing sets, sliding boards, climbing bars, jungle gyms, skateboard ramps, and similar equipment where no admission fee is charged for its use or for admittance to areas where the equipment is located;

2. Coin-operated rides designed to accommodate three or less passengers;

3. Water slides or similar equipment used in community association, community club, or community organization swimming pools;

4. Mechanical bulls or similar devices;

5. Devices known as mall trains, shopping mall trains, or electric trackless trains for malls; and

6. Devices known as water walking balls, euro bubbles, or similar devices.

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 B77.1-2017 for the regulation of passenger tramways; and

2. American Society for Testing and Materials (ASTM) Standard Nos. F747-15 F747-21a, F770-18 F770-21a, F1159-16 F1159-16e1, F1193-18 F1193-18a, F1957-99 (2017), F2007-18, F2137-18 F2137-19, F2291-19 F2291-21, F2374-19 F2374-21a, F2375-09 (2017), F2376-17a F2376-21a, F2460-11 F2460-19, F2461-18 F2461-20a, F2959-18 F2959-21, F2960-16, F2970-17 F2970-20, F2974-19 F2974-20, and F3054-18 for the regulation of amusement devices.

The standards referenced above in [ subsection A of ] this [ section subsection ] may be procured from:

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 that 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.

DOCUMENTS INCORPORATED BY REFERENCE (13VAC5-31)

ANSI B77.1-2017, Passenger Ropeways – Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – Safety Standard, 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 F747-15, Standard Terminology Relating to Amusement Rides and Devices

ASTM F770-18, Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices

ASTM F1159-16, Standard Practice for Design of Amusement Rides and Devices that are Outside the Purview of Other F24 Design Standards

ASTM F1193-18, Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices

ASTM F747-21a, Standard Terminology Relating to Amusement Rides and Devices

ASTM F770-21a, Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices

ASTM F1159-16e1, Standard Practice for Design of Amusement Rides and Devices that are Outside the Purview of Other F24 Design Standards

ASTM F1193-18a, Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices

ASTM F1957-99 (2017), Standard Test Method for Composite Foam Hardness-Durometer Hardness

ASTM F2007-18, Standard Practice for Classification, Design, Manufacture, and Operation of Concession Go-Karts and Facilities

ASTM F2137-18, Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices

ASTM F2291-19, Standard Practice for Design of Amusement Rides and Devices

ASTM F2374-17, Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices

ASTM F2137-19, Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices

ASTM F2291-21, Standard Practice for Design of Amusement Rides and Devices

ASTM F2374-21a, Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices

ASTM F2375-09 (2017), Standard Practice for Design, Manufacture, Installation and Testing of Climbing Nets and Netting/Mesh used in Amusement Rides, Devices, Play Areas and Attractions

ASTM F2376-17a, 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 F2461-18, Standard Practice for Manufacture, Construction, Operation and Maintenance of Aquatic Play Equipment

ASTM F2959-18, Standard Practice for Aerial Adventure Courses

ASTM F2376-21a, Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems

ASTM F2460-19, Standard Practice for Special Requirements for Bumper Boats

ASTM F2461-20a, Standard Practice for Manufacture, Construction, Operation and Maintenance of Aquatic Play Equipment

ASTM F2959-21, Standard Practice for Aerial Adventure Courses

ASTM F2960-16, Standard Practice for Permanent Amusement Railway Ride Tracks and Related Devices

ASTM F2974-19, Standard Guide for Auditing Amusement Rides and Devices

ASTM F2970-17, Standard Practice for Design, Manufacture, Installation, Operation, Maintenance, Inspection and Major Modification of Trampoline Courts

ASTM F2974-20, Standard Guide for Auditing Amusement Rides and Devices

ASTM F2970-20, Standard Practice for Design, Manufacture, Installation, Operation, Maintenance, Inspection and Major Modification of Trampoline Courts

ASTM F3054-18, Standard Practice for Operations of Amusement Railway Rides, Devices, and Facilities