AN ACT Relating to the regulation of amusement rides; adding a new chapter to Title 70 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 devices" means a structure, electrical or mechanical contrivance, or combination thereof which is intended to provide revenue for its owner or operator by providing or offering to provide amusement, pleasures, thrills, or excitement at carnivals, fairs, or amusement parks but shall not include games, concessions, and associated structures.

(2) "Amusement ride" means any vehicle, boat, or other mechanical device, except water slides or hydro tubes, moving upon or within a flow perimeter or structure, along cables, rails, or ground, through the air by centrifugal force or otherwise, or across water, and that is used to convey one or more individuals for amusement, entertainment, diversion, or recreation. The term "amusement ride" includes, but is not limited to:

(a) Rides commonly known as Ferris wheels, carousels, parachute towers, tunnels of love, and roller coasters; and

(b) Equipment generally associated with winter sports activities, such as ski lifts, ski tows, j-bars, t-bars, ski mobiles, chair lifts, and aerial tramways.

(3) "Department" means the department of licensing.

(4) "Certified amusement ride inspector" means an employee or representative of a casualty insurance company or companies or other person who has passed the required examination and has been issued a certificate of competency as an amusement ride inspector by the department.

NEW SECTION. Sec. 2. No person shall:

(1) Operate an amusement ride or device without a valid operation permit therefor issued under section 3 of this act, or allow an amusement ride or device owned, leased, controlled, or managed by the person to be so operated; or

(2) Operate an amusement ride or device in violation of any restriction or condition endorsed on the operating permit for that amusement ride under section 3 of this act.

NEW SECTION. Sec. 3. (1) Application for an operating permit to operate an amusement ride or device shall be made on an annual basis by the person owning said ride or device, or the duly appointed agent or lessee, said application to be made on forms prescribed by the department of licensing.

(2) An application for an annual operating permit shall include an inspection report by a certified amusement ride inspector. If the inspector finds that the operation of the amusement ride or device or its installation does not endanger human life or property, the inspector shall approve the application. However, the inspector shall endorse upon the application any restrictions and conditions that, in the inspector's judgment, should be imposed upon the operation of the amusement ride or device to protect human life and property.

(3) The department of licensing shall disapprove and reject an application for a permit if it determines that the operation of the amusement ride or device or its installation may endanger human life or property.

(4) Upon approval of an application and payment of fees as prescribed by rule, the department of licensing shall issue a permit authorizing operation of the amusement ride or device. There shall be endorsed on the permit the restrictions and conditions imposed upon the application by the inspector.

NEW SECTION. Sec. 4. Permits issued under section 3 of this act are valid until the amusement ride or device is materially rebuilt, or materially modified, so as to change the original action of the said amusement ride or device, but in no case for longer than one year after the date of issuance as follows:

(1) If an amusement ride or device is altered so as to change the original action of the said amusement ride or device, such amusement ride or device shall be subject to a new inspection and shall apply for a new permit under section 3 of this act.

(2) If an amusement ride or device is moved and installed in another place but is not altered so as to change the original action of the said amusement ride or device, no new permit shall be required: PROVIDED, HOWEVER, That a permit has been issued previously under section 3 of this act and has not been operative for longer than a one-year period.

NEW SECTION. Sec. 5. (1) In addition to the inspections required under section 3 of this act, the department may cause an amusement ride or device to be inspected at any reasonable time to insure compliance with this chapter.

(2) The department may deny, suspend, or revoke a permit at any time if, in its judgment, the amusement ride or device for which the permit was issued is not installed or being operated in compliance with this chapter.

(3) The department may disconnect an unlawfully installed or operated amusement ride or device from its source of power at any time, and prevent its use until the amusement ride or device is brought into compliance with this chapter.

(4) Any peace officer may demand from the operator of any amusement ride or device proof of a valid operation permit pursuant to section 3 of this act. If the operator fails to provide the peace officer with a valid operation permit, the officer may arrest the operator.

NEW SECTION. Sec. 6. (1) In adopting rules pursuant to section 7 of this act, applicable to devices defined in section 1 of this act, the department shall be guided by the safety standards approved by the American society of testing materials, and those adopted in contiguous states.

(2) The owner or operator of such devices shall not be deemed a common carrier; however, such owner or operator shall exercise reasonable care for the safety of persons using the devices compatible with the practical operation of the devices being used.

(3) The department may delegate to the United States forest service or other agency of government which has jurisdiction over, regulates, and provides inspection of the devices defined in section 1 of this act pursuant to promulgated safety standards not less than those provided by this chapter, and shall by its rules exempt persons operating such devices from the requirements of this chapter.

(4) The department shall adopt rules to:

(a) Govern the issuance, renewal, suspension, and revocation of permits and certificates of competency issued under this chapter;

(b) Govern the internal organization and procedure of the department for administering and enforcing this chapter;

(c) Govern reports by the department's staff of certified amusement ride inspectors on amusement rides or devices inspected by them; and

(d) Set inspection, examination, certificate of competency, and permit fees sufficient to pay the department's costs of carrying out the amusement ride inspection program.

(5) In adopting rules under this section, the department shall consider:

(a) Technological advances in the amusement ride industry;

(b) The practicability of following the standards under consideration, if adopted;

(c) The probability, extent, and gravity of the injury to the public or property which would result from failure to follow the standards under consideration; and

(d) Safety standards followed, proposed, or approved by responsible members of the amusement ride industry.

NEW SECTION. Sec. 7. The department shall, in compliance with chapter 34.04 RCW, make, amend, repeal, promulgate, and enforce rules to cary out the provisions of this chapter.

NEW SECTION. Sec. 8. All fees collected by the department under this chapter shall be paid to the state treasurer and credited to the general fund.

NEW SECTION. Sec. 9. The department shall at least once each year inspect each amusement ride or device to ascertain if it is being operated and maintained in accordance with section 2 of this act: PROVIDED, HOWEVER, That the department shall not be required to inspect any amusement ride or device about which the department has been notified in writing, by the employer of a certified amusement ride inspector, that inspection will be made by their certified inspector, if a copy of each report is filed with the department within thirty days of the due date of each amusement ride inspection.

NEW SECTION. Sec. 10. (1) No person shall purport to be or act as a certified amusement ride inspector unless the person has a current certificate of competency as an amusement ride inspector issued by the department.

(2) The department shall cancel, revoke, or suspend the operating permit for any person who fails to comply with the minimum safety standards provided by this chapter.

(3) The department may suspend or revoke the certificate of competency of any certified amusement ride inspector:

(a) Who is found to be performing work in a manner inconsistent with the intent and purposes of this chapter;

(b) Who fails to file in advance with the department the name of any company for which the inspector will perform annual inspections;

(d) Who deliberately falsifies the application for such certificate or the inspection report made to the department; or

(e) Who persistently fails to properly report to the department in writing regarding amusement rides inspected by the certified amusement ride inspector.

NEW SECTION. Sec. 11. The expiration date of: (1) Amusement ride or device operating permits shall be one year from the original date of issuance and thereafter on the anniversary date of issuance, and (2) an amusement ride inspector certificate of competency shall be December 31st of the year in which it is issued.

NEW SECTION. Sec. 12. (1) Violation of any provisions of sections 2, 5(4), and 9 of this act is a misdemeanor.

(2) Violation of the provisions of sections 2, 5(4), and 9 of this act is punishable, upon conviction, by a fine not to exceed one hundred dollars, or by imprisonment in the county jail for not more than sixty days, or both.

NEW SECTION. Sec. 13. Sections 1 through 12 of this act shall constitute a new chapter in Title 70 RCW.