(a) The division shall charge inspection and permit fees. The annual permit fee is $100 for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is $100 for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is due at the time of application for the annual permit. The division shall waive the inspection fee for any ride or attraction whose owner provides proof of nonprofit business status or for any ride or attraction whose owner provides proof that an inspection has been completed within the last year by a certified special inspector as provided in §21-10-6 of this code.
(b) The division may charge additional inspection fees equal to the annual inspection fee for additional inspections required as the result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury. If any owner or operator requires an inspection as the result of a violation of the permitting requirements of §21-10-6 of this code, the division shall charge the owner or operator $75 per hour in addition to the established inspection fee, including travel time.
(c) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account in the State Treasury known as the Amusement Rides and Amusement Attractions Safety Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations: Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations.
(d) No inspection fee may be charged public agencies.
(e) The division shall issue, and the owner, operator, or both of the amusement rides and amusement attractions shall visibly display to the public, inspection stickers denoting and signifying that the inspection and permit fee authorized by this section has been paid or waived.
Structure West Virginia Code
Article 10. Amusement Rides and Amusement Attractions Safety Act
§21-10-4. Inspection and Permit Fees
§21-10-6. Permits; Application; Annual Inspection
§21-10-7. Issuance of Permit; Certificate of Inspection; Availability to Public
§21-10-9. Notice of Serious Physical Injury or Fatality; Investigations; Records Available to Public
§21-10-11. Temporary Cessation of Operation of Ride or Attraction Determined to Be Unsafe
§21-10-12a. Minimum Age for Operating Amusement Ride
§21-10-14. Criminal Penalty for Violation
§21-10-15. Operating or Assembling an Amusement Ride While Intoxicated; Criminal Penalty
§21-10-16. Revocation and Suspension of Permits
§21-10-17. Civil Penalties for Violations