Section 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, F770-11, F846-92 (2009), F853-05, F893-10, F1159-11, F1193-06, F1957-99 (2011), F2007-12, F2137-11, F2291-11, F2374-10, F2375-09, F2376-08, F2460-11, and F2959-12 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.

Historical Notes

Derived from Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 03, eff. November 16, 2005; Volume 24, Issue 14, eff. May 1, 2008; Volume 27, Issue 02, eff. March 1, 2011; Change in Effective Date, 27:5 VA.R. 533 November 8, 2010; Volume 30, Issue 16, eff. July 14, 2014.

Statutory Authority

§ 36-98.3 of the Code of Virginia.