{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-98.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-98.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-98.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-98.3.html"}],"law_id":65767,"edition_id":1,"section_id":65767,"structure_id":12781,"section_number":"36-98.3","catch_line":"Amusement devices","history":"1986, c. 427; 1991, c. 152; 2011, c. 546.","full_text":"A\n\nThe Board shall have the power and duty to promulgate regulations pertaining to the construction, maintenance, operation and inspection of amusement devices. “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. A “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 by ropes, and usually supported by trestles or towers with one or more spans. Regulations promulgated hereunder shall include provisions for the following:1\n\nThe issuance of certificates of inspection prior to the operation of an amusement device;2\n\nThe demonstration of financial responsibility of the owner or operator of the amusement device prior to the operation of an amusement device;3\n\nMaintenance inspections of existing amusement devices;4\n\nReporting of accidents resulting in serious injury or death;5\n\nImmediate investigative inspections following accidents involving an amusement device that result in serious injury or death;6\n\nCertification of amusement device inspectors;7\n\nQualifications of amusement device operators;8\n\nNotification by amusement device owners or operators of an intent to operate at a location within the Commonwealth; and9\n\nA timely reconsideration of the decision of the local building department when an amusement device owner or operator is aggrieved by such a decision.B\n\nIn promulgating regulations, the Board shall have due regard for generally accepted standards as recommended by nationally recognized organizations. Where appropriate, the Board shall establish separate standards for mobile amusement devices and for amusement devices permanently affixed to a site.C\n\nTo assist the Board in the administration of this section, the Board shall appoint an Amusement Device Technical Advisory Committee, which shall be composed of five members who, by virtue of their education, training or employment, have demonstrated adequate knowledge of amusement devices or the amusement industry. The Board shall determine the terms of the Amusement Device Technical Advisory Committee members. The Amusement Device Technical Advisory Committee shall recommend standards for the construction, maintenance, operation and inspection of amusement devices, including the qualifications of amusement device operators and the certification of inspectors, and otherwise perform advisory functions as the Board may require.D\n\nInspections required by this section shall be performed by persons certified by the Board pursuant to subdivision 6 of § 36-137 as competent to inspect amusement devices. The provisions of § 36-105 notwithstanding, the local governing body shall enforce the regulations promulgated by the Board for existing amusement devices. Nothing in this section shall be construed to prohibit the local governing body from authorizing inspections to be performed by persons who are not employees of the local governing body, provided those inspectors are certified by the Board as provided herein. The Board is authorized to conduct or cause to be conducted any inspection required by this section, provided that the person performing the inspection on behalf of the Board is certified by the Board as provided herein.E\n\nTo the extent they are not superseded by the provisions of this section and the regulations promulgated hereunder, the provisions of this chapter and the Uniform Statewide Building Code shall apply to amusement devices.","order_by":null,"text":{"0":{"id":239013,"text":"The Board shall have the power and duty to promulgate regulations pertaining to the construction, maintenance, operation and inspection of amusement devices. “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. A “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 by ropes, and usually supported by trestles or towers with one or more spans. Regulations promulgated hereunder shall include provisions for the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":239014,"text":"The issuance of certificates of inspection prior to the operation of an amusement device;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":239015,"text":"The demonstration of financial responsibility of the owner or operator of the amusement device prior to the operation of an amusement device;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":239016,"text":"Maintenance inspections of existing amusement devices;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":239017,"text":"Reporting of accidents resulting in serious injury or death;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":239018,"text":"Immediate investigative inspections following accidents involving an amusement device that result in serious injury or death;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":239019,"text":"Certification of amusement device inspectors;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":239020,"text":"Qualifications of amusement device operators;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":239021,"text":"Notification by amusement device owners or operators of an intent to operate at a location within the Commonwealth; and","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":239022,"text":"A timely reconsideration of the decision of the local building department when an amusement device owner or operator is aggrieved by such a decision.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":239023,"text":"In promulgating regulations, the Board shall have due regard for generally accepted standards as recommended by nationally recognized organizations. Where appropriate, the Board shall establish separate standards for mobile amusement devices and for amusement devices permanently affixed to a site.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9","next_prefix":"C"},"11":{"id":239024,"text":"To assist the Board in the administration of this section, the Board shall appoint an Amusement Device Technical Advisory Committee, which shall be composed of five members who, by virtue of their education, training or employment, have demonstrated adequate knowledge of amusement devices or the amusement industry. The Board shall determine the terms of the Amusement Device Technical Advisory Committee members. The Amusement Device Technical Advisory Committee shall recommend standards for the construction, maintenance, operation and inspection of amusement devices, including the qualifications of amusement device operators and the certification of inspectors, and otherwise perform advisory functions as the Board may require.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"12":{"id":239025,"text":"Inspections required by this section shall be performed by persons certified by the Board pursuant to subdivision 6 of § 36-137 as competent to inspect amusement devices. The provisions of § 36-105 notwithstanding, the local governing body shall enforce the regulations promulgated by the Board for existing amusement devices. Nothing in this section shall be construed to prohibit the local governing body from authorizing inspections to be performed by persons who are not employees of the local governing body, provided those inspectors are certified by the Board as provided herein. The Board is authorized to conduct or cause to be conducted any inspection required by this section, provided that the person performing the inspection on behalf of the Board is certified by the Board as provided herein.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"13":{"id":239026,"text":"To the extent they are not superseded by the provisions of this section and the regulations promulgated hereunder, the provisions of this chapter and the Uniform Statewide Building Code shall apply to amusement devices.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12781,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12780,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":209289,"object_type":"structure","relational_id":12781,"identifier":"1","token":"36\/6\/1","url":"\/36\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12780,"edition_id":1,"name":"Uniform Statewide Building Code","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":209287,"object_type":"structure","relational_id":12780,"identifier":"6","token":"36\/6","url":"\/36\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82568,"structure_id":12781,"section_number":"36-100","catch_line":"Notice and hearings on adoption of Code, amendments and repeals","url":"\/36-100\/","token":"36\/6\/1\/36-100","metadata":false},{"id":57649,"structure_id":12781,"section_number":"36-101","catch_line":"Effective date of Code; 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penalty","url":"\/36-107.1\/","token":"36\/6\/1\/36-107.1","metadata":false},{"id":78167,"structure_id":12781,"section_number":"36-97","catch_line":"Definitions","url":"\/36-97\/","token":"36\/6\/1\/36-97","metadata":false},{"id":68849,"structure_id":12781,"section_number":"36-98","catch_line":"Board to promulgate Statewide Code; other codes and regulations superseded; exceptions","url":"\/36-98\/","token":"36\/6\/1\/36-98","metadata":false},{"id":81277,"structure_id":12781,"section_number":"36-98.01","catch_line":"Mechanics' lien agent included on building permit for residential property at request of applicant","url":"\/36-98.01\/","token":"36\/6\/1\/36-98.01","metadata":false},{"id":65754,"structure_id":12781,"section_number":"36-98.1","catch_line":"State buildings; exception for certain assets owned by the Department of Transportation","url":"\/36-98.1\/","token":"36\/6\/1\/36-98.1","metadata":false},{"id":76703,"structure_id":12781,"section_number":"36-98.2","catch_line":"Appeals from decision of Building Official regarding state-owned buildings","url":"\/36-98.2\/","token":"36\/6\/1\/36-98.2","metadata":false},{"id":65767,"structure_id":12781,"section_number":"36-98.3","catch_line":"Amusement devices","url":"\/36-98.3\/","token":"36\/6\/1\/36-98.3","metadata":false},{"id":62116,"structure_id":12781,"section_number":"36-98.4","catch_line":"Agritourism event buildings","url":"\/36-98.4\/","token":"36\/6\/1\/36-98.4","metadata":false},{"id":65710,"structure_id":12781,"section_number":"36-99","catch_line":"Provisions of Code; 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This law was first created in 1986. The record of its establishment is cataloged in chapter 427 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 152; in 2011, chapter 546<\/a>.<\/p>","references":[{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"},{"id":72355,"section_number":"36-114","catch_line":"Board to hear appeals","order_by":null,"url":"\/36-114\/"},{"id":67323,"section_number":"36-137","catch_line":"Powers and duties of Board; appointment of Building Code Academy Advisory Committee","order_by":null,"url":"\/36-137\/"},{"id":77712,"section_number":"59.1-519","catch_line":"Definitions","order_by":null,"url":"\/59.1-519\/"}],"refers_to":[{"id":71583,"section_number":"36-105","catch_line":"Enforcement of Code; appeals from decisions of local department; inspection of buildings; inspection warrants; inspection of elevators; issuance of permits","order_by":null,"url":"\/36-105\/"},{"id":67323,"section_number":"36-137","catch_line":"Powers and duties of Board; appointment of Building Code Academy Advisory Committee","order_by":null,"url":"\/36-137\/"}],"permalink":{"id":209375,"object_type":"law","relational_id":65767,"identifier":"36-98.3","token":"36\/6\/1\/36-98.3","url":"\/36-98.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-98.3\/","token":"36\/6\/1\/36-98.3","dublin_core":{"Title":"Amusement devices","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-98.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall have the power and duty to promulgate regulations pertaining to the construction<\/span>, maintenance, operation and inspection of amusement devices<\/span>. “Amusement device<\/span>” means (i) a device or structure<\/span> open to the public by which persons are conveyed or moved in an unusual manner for diversion<\/span>, but excluding snow tubing parks and rides, ski terrain parks, ski slopes and ski trails, and (ii) passenger tramways<\/span>. A “passenger tramway<\/span>” means a device used to transport passengers uphill, and suspended in the air by the use of steel cables, chains or belts, or by ropes, and usually supported by trestles or towers with one or more spans. Regulations promulgated hereunder shall include provisions for the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The issuance of certificates of inspection prior to the operation of an amusement device<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The demonstration of financial responsibility of the owner<\/span> or operator of the amusement device<\/span> prior to the operation of an amusement device<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Maintenance inspections of existing amusement devices<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Reporting of accidents resulting in serious injury or death; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Immediate investigative inspections following accidents involving an amusement device<\/span> that result in serious injury or death; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Certification of amusement device<\/span> inspectors; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Qualifications of amusement device<\/span> operators; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Notification by amusement device<\/span> owners<\/span> or operators of an intent<\/span> to operate at a location within the Commonwealth; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> A timely reconsideration of the decision of the local building department<\/span> when an amusement device<\/span> owner<\/span> or operator is aggrieved by such a decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In promulgating regulations, the Board<\/span> shall have due regard for generally accepted standards as recommended by nationally recognized organizations. Where appropriate, the Board<\/span> shall establish separate standards for mobile amusement devices<\/span> and for amusement devices<\/span> permanently affixed to a site. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> To assist the Board<\/span> in the administration of this section, the Board<\/span> shall appoint an Amusement Device<\/span> Technical Advisory Committee, which shall be composed of five members who, by virtue of their education, training or employment, have demonstrated adequate knowledge of amusement devices<\/span> or the amusement industry. The Board<\/span> shall determine the terms of the Amusement Device<\/span> Technical Advisory Committee members. The Amusement Device<\/span> Technical Advisory Committee shall recommend standards for the construction<\/span>, maintenance, operation and inspection of amusement devices<\/span>, including the qualifications of amusement device<\/span> operators and the certification of inspectors, and otherwise perform advisory functions as the Board<\/span> may require. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Inspections required by this section shall be performed by persons certified by the Board<\/span> pursuant to subdivision 6 of § 36-137<\/a> as competent to inspect amusement devices<\/span>. The provisions of § 36-105<\/a> notwithstanding, the local governing body<\/span> shall enforce the regulations promulgated by the Board<\/span> for existing amusement devices<\/span>. Nothing in this section shall be construed to prohibit the local governing body<\/span> from authorizing inspections to be performed by persons who are not employees of the local governing body<\/span>, provided those inspectors are certified by the Board<\/span> as provided herein. The Board<\/span> is authorized to conduct or cause to be conducted any inspection required by this section, provided that the person performing the inspection on behalf of the Board<\/span> is certified by the Board<\/span> as provided herein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> To the extent they are not superseded by the provisions of this section and the regulations promulgated hereunder, the provisions of this chapter and the Uniform Statewide Building Code<\/span> shall apply to amusement devices<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMUSEMENT DEVICES (\u00a7 36-98.3)\n\nA. The Board shall have the power and duty to promulgate regulations pertaining\nto the construction, maintenance, operation and inspection of amusement devices.\n“Amusement device” means (i) a device or structure open to the\npublic by which persons are conveyed or moved in an unusual manner for\ndiversion, but excluding snow tubing parks and rides, ski terrain parks, ski\nslopes and ski trails, and (ii) passenger tramways. A “passenger\ntramway” means a device used to transport passengers uphill, and suspended\nin the air by the use of steel cables, chains or belts, or by ropes, and usually\nsupported by trestles or towers with one or more spans. Regulations promulgated\nhereunder shall include provisions for the following:\n\n 1. The issuance of certificates of inspection prior to the operation of an\n amusement device;\n\n 2. The demonstration of financial responsibility of the owner or operator of\n the amusement device prior to the operation of an amusement device;\n\n 3. Maintenance inspections of existing amusement devices;\n\n 4. Reporting of accidents resulting in serious injury or death;\n\n 5. Immediate investigative inspections following accidents involving an\n amusement device that result in serious injury or death;\n\n 6. Certification of amusement device inspectors;\n\n 7. Qualifications of amusement device operators;\n\n 8. Notification by amusement device owners or operators of an intent to\n operate at a location within the Commonwealth; and\n\n 9. A timely reconsideration of the decision of the local building department\n when an amusement device owner or operator is aggrieved by such a decision.\n\nB. In promulgating regulations, the Board shall have due regard for generally\naccepted standards as recommended by nationally recognized organizations. Where\nappropriate, the Board shall establish separate standards for mobile amusement\ndevices and for amusement devices permanently affixed to a site.\n\nC. To assist the Board in the administration of this section, the Board shall\nappoint an Amusement Device Technical Advisory Committee, which shall be\ncomposed of five members who, by virtue of their education, training or\nemployment, have demonstrated adequate knowledge of amusement devices or the\namusement industry. The Board shall determine the terms of the Amusement Device\nTechnical Advisory Committee members. The Amusement Device Technical Advisory\nCommittee shall recommend standards for the construction, maintenance, operation\nand inspection of amusement devices, including the qualifications of amusement\ndevice operators and the certification of inspectors, and otherwise perform\nadvisory functions as the Board may require.\n\nD. Inspections required by this section shall be performed by persons certified\nby the Board pursuant to subdivision 6 of § 36-137 as competent to inspect\namusement devices. The provisions of § 36-105 notwithstanding, the local\ngoverning body shall enforce the regulations promulgated by the Board for\nexisting amusement devices. Nothing in this section shall be construed to\nprohibit the local governing body from authorizing inspections to be performed\nby persons who are not employees of the local governing body, provided those\ninspectors are certified by the Board as provided herein. The Board is\nauthorized to conduct or cause to be conducted any inspection required by this\nsection, provided that the person performing the inspection on behalf of the\nBoard is certified by the Board as provided herein.\n\nE. To the extent they are not superseded by the provisions of this section and\nthe regulations promulgated hereunder, the provisions of this chapter and the\nUniform Statewide Building Code shall apply to amusement devices.\n\nHISTORY: 1986, c. 427; 1991, c. 152; 2011, c. 546.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}