AN ACT Relating to amusement rides; adding a new chapter to Title 67 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Amusement ride" means any vehicle, boat, or other mechanical device moving upon or within a structure, along cables or rails, through the air by centrifugal force or otherwise, or across water, that is used to convey one or more individuals for amusement, entertainment, diversion, or recreation. "Amusement ride" includes, but is not limited to, devices commonly known as ferris wheels, carousels, parachute towers, tunnels of love, and roller coasters. "Amusement ride" shall not include: (a) Conveyances for persons in recreational activities such as ski lifts, ski tows, j-bars, t-bars, and similar devices subject to regulation in chapter 70.88 RCW; (b) any single-passenger coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator; or (c) nonmechanized playground equipment, including but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, and physical fitness devices.

(2) "Department" means the department of labor and industries.

NEW SECTION. Sec. 2. Before operating any amusement ride, the owner or operator shall:

(1) Obtain a permit pursuant to section 3 of this act;

(2) Have the amusement ride inspected for safety at least once annually by an insurer or a person with whom the insurer has contracted and obtain from the insurer or person a written certificate that the inspection has been made and that the amusement ride meets the standards for coverage and is covered by the insurance company as required by subsection (3) of this section;

(3) Have and keep in effect an insurance policy written by an insurance company authorized to do business in this state in an amount not less than one million dollars per occurrence insuring the owner or operator and insuring any municipality or county on whose property or with whom the owner or operator has contracted against liability for injury to persons arising out of the use of the amusement ride;

(4) File with the department the inspection certificate and insurance policy required by this section; and

(5) File with each sponsor, lessor, landowner, or other person responsible for an amusement ride being offered for use by the public a certificate stating that the insurance required by subsection (3) of this section is in effect.

NEW SECTION. Sec. 3. (1) Application for an operating permit to operate an amusement ride shall be made on an annual basis by the owner or operator of the amusement ride. The application shall be made on forms prescribed by the department and shall include the certificate required by section 2(2) of this act.

(2) The department shall issue a decal with each permit. The decal shall be affixed on or adjacent to the control panel of the amusement ride in a location visible to the patrons of the ride.

NEW SECTION. Sec. 4. (1) Except as provided in subsection (2) of this section or unless a shorter period is specified by the department, permits issued under section 3 of this act are valid for a one-year period.

(2) If an amusement ride is materially rebuilt or materially modified so as to change the original action of the amusement ride, the amusement device shall be subject to a new inspection under section 2 of this act and the owner or operator shall apply for a new permit under section 3 of this act.

(3) If an amusement ride for which a permit has been issued pursuant to section 3 of this act is moved and installed in another place but is not materially rebuilt or materially modified so as to change the original action of the amusement ride, no new permit is required prior to the expiration of the permit.

NEW SECTION. Sec. 5. (1) The department shall adopt rules under chapter 34.04 RCW to administer this chapter.

(2) The department may order in writing the cessation of the operation of an amusement ride for which no valid permit is in effect or for which the owner or operator does not have an insurance policy as required by section 2 of this act.

(3) All proceedings relating to permits or orders to cease operation under this chapter shall be conducted pursuant to chapter 34.04 RCW.

NEW SECTION. Sec. 6. The department may charge a reasonable fee not to exceed ten dollars for each permit issued under section 3 of this act. All fees collected by the department under this chapter shall be deposited in the state general fund.

NEW SECTION. Sec. 7. Any person who operates an amusement ride without a valid permit or operates an amusement ride in violation of section 2 of this act is guilty of a gross misdemeanor punishable as provided in chapter 9A.20 RCW.

NEW SECTION. Sec. 8. Nothing contained in this chapter preempts a county or municipality from adopting and enforcing ordinances relating to the operation of amusement rides.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 67 RCW.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.