04-160 Code Vt. R. 04-030-160-X - RULES RELATING TO MOTOR VEHICLE RACING COMMISSION

Part 1 GENERAL INFORMATION

Section 1.1 INTRODUCTION

The Motor Vehicle Racing Commission (which is referred to as "the Commission") has been created and given powers by Vermont law. Its purpose is to protect the public health, safety and welfare by setting standards, issuing permits to qualified applicants and regulating permit holders and their practices.

Section 1.2 LAWS THAT GOVERN THE COMMISSION

The Commission is governed by specific state laws that establish its responsibilities for setting standards, issuing permits and regulating the profession. Those laws are found in 31 V.S.A. §§ 301-313. In addition, the Commission must comply with several other state laws such as the "Administrative Procedure Act" ( 3 V.S.A. §§ 802-849), the "Open Meeting Law" ( 1 V.S.A. §§ 311-314), the "Access to Public Records Law" ( 1 V.S.A. §§ 315-320) and the blanket Professional Regulation Laws ( 3 V.S.A. §§ 121-131). These laws set forth the rights of an applicant, permit holder or member of the public.

The complete text of any of these laws should be available from any local town clerk or library or the Vermont Statutes Online (www.leg.state.vt.us). Most have copies of the Vermont Statutes Annotated.

Part 2 INFORMATION FOR APPLICANTS

Section 2.1 APPLICATION FOR PERMIT

2.1.1 Applications and information about the type of permits and their requirements are available from the Office. An applicant shall submit a fully completed application form with all supporting documentation and the fee to the Office. The Commission reviews' applications only after the fully completed application and documentation is received, including a copy of proof of insurance, a copy of a town permit (photocopy showing the town letterhead), copy of a grandstand report from the inspecting entity, copy of a schedule of events (dates and times), copy of the promoters track rules, and a detailed diagram of a track layout, including, but not limited to grandstand location, fences (type, height and location), distances between the track and spectators, location of a pit, location of fire and medical personnel.

2.1.2 An applicant issued an initial permit within 90 days of the renewal date will not be required ro renew or pay the renewal fee. The permit will be issued through the next full permit period. An applicant issued an initial permit more than 90 days prior to the renewal expiration date will be required to renew and pay the renewal fee.

Section 2.2 PERMIT DENIALS, HEARINGS, APPEALS

2.2.1 If the Commission preliminarily denies an application for a permit, the Commission shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the denial and shall advise the applicant that the applicant may request a hearing with the Commission for review of its preliminary decision within 30 days of the date on which the notice is mailed. After the hearing, the Commission shall affirm or reverse the preliminary denial, explaining the reason therefore in writing.

2.2.2 A party aggrieved by a final decision of the Commission may appeal that decision by filing a notice of appeal with the Director who shall assign the case to an appellate officer. The review shall be conducted on the basis of the record created before the Commission. Persons wishing to appeal shall give written notice of their decision to appeal within 30 days of receipt of the Commission's final decision to:

Director, Professional Regulation

Office of the Secretary of State

109 State Street

Montpelier, Vermont 05609-1106

The appellate officer's decision may be appealed to Washington Superior Court.

Part 3 AUTO AND TRUCK RACING TRACKS

Section 3.1 TRACKS AND FENCING

3.1.1 Tracks must be laid out to prevent any soil erosion.

3.1.2 Tracks must comply with the requirements of other state and local agencies.

3.1.3 Track racing areas and surfaces must be laid out with a priority on safety.

3.1.4 Precautions must be taken to restrain unauthorized persons from being on the track.

3.1.5 The track promoter is responsible for providing adequate fencing and other means of crowd control to protect the spectators from injury during the meet.

3.1.6 A positive barrier shall be maintained along the straightaway, consisting of a wall of no less than four feet in height and eight inches thick or six inches thick backed by dirt, or a steel barrier backed by dirt of equal strength. This wall must run the full length of the spectator seating area and continue for a minimum of 50 feet along the track before and after the spectator seating area. If spectators are allowed to sit along both straightaways then a concrete wall will be required on both sides of the track.

3.1.7 A wheel fence shall be maintained between the track and the spectators, consisting of wire fencing made of a minimum of nine gauge fabric, approved by the commission, at least ten feet high from the track surface, attached to steel poles of at least two and a half inches in diameter, set in concrete at least four feet into the ground and spaced no more than ten feet apart. Running horizontally on the track side of the fence along the top of the fence, the bottom, and three feet from the bottom securely fastened with brace bands to the end poles and fastened with hogties to all other poles and to the fence with hogties every 18 inches shall be a 3/4" steel cable. The fence shall be attached to the end poles using a tension bar woven through the fence and attached to the pole using tension bands and bolted to the fabric and tension bar. The fencing shall have signs attached at regular intervals stating, "Spectators, Keep Off."

3.1.8 An overhang shall be affixed to the top of the wheel fence, angled toward the track surface. The overhang shall be at least 24 inches in length and welded or bolted to the posts supporting the fence. Attached to the overhang shall be affixed wire fencing made of a minimum of nine gauge fabric suitable for the deflection of wheels or tires. Running horizontally along the top of the overhang securely fastened with brace bands to the end poles and fastened with hogties to all other poles and to the fence with hogties every 18 inches shall be a 3/4" steel cable.

(a) In addition to the wheel fence there must be a crowd control fence that is a minimum of four feet high made of a minimum of 11 gauge wire fencing at least 18 inches from the wheel fence on poles at least 1/2 inch in diameter, set in concrete at least two feet into the ground and spaced no more than ten feet apart placed between the spectators and the wheel fence.

3.1.9 The use of baled hay, straw, snow fence or any similar material as a protective device or barricade between participating vehicles and spectators is prohibited.

3.1.10 There shall be a crowd control fence around the infield made of woven wire, four feet high and sufficient to keep spectators back, unless all people are prohibited from the infield.

3.1.11 There shall be provided a system of electrically controlled lights, red and yellow in color, and so located high enough to be visible to drivers on all parts of the track; supports are to be so located as not to interfere with normal track movement.

3.1.12 Tracks shall be lighted during any portion of any race held after civil twilight.

Section 3.2 PIT AREA

3.2.1 Pit areas must be designed to prevent spectators from entering the area.

3.2.2 Pit areas must be designed to prevent vehicles from moving on or off the track except at a designated area. The fenced entrance and exit to the pit area does not need to be closed. The fenced opening for vehicles shall be so located that a vehicle leaving the track must travel at least 75 feet from the edge of the track before entering the pit. The fenced opening shall be no more than 24 feet in width.

3.2.3 Drinking of alcohol is to be prohibited within the confines of the race track or the pit area.

3.2.4 Signs stating "NO DRINKING ON THE TRACK OR IN THE PIT AREA" must be situated at all entries and exits to the pit area.

3.2.5 There shall be no spectators allowed in the infield, on the curved portions of the track or by the pit entrance or exit area.

3.2.6 No one under the age of 14 may be allowed in the pit area.

3.2.7 The liability insurance certificate required under 31 V.S.A. § 306 shall cover the pit area as well as all other areas of the race track.

3.2.8 "Spectator" means any person who holds a general admission ticket, special admission ticket, or other kind of ticket or permit purporting to grant that person entrance to any part of the track racing area or pit area.

Section 3.3 FIRST AID

3.3.1 There must be at least one ambulance and one emergency medical technician (EMT) at the track whenever spectators are present and the track is in use. EMT's must be certified by the Vermont Department of Health pursuant to its Emergency Medical Services Rules.

3.3.2 Ambulances and first aid personnel must be located in the pit area where they can either see the entire track or see designated personnel watching areas out of their view. Once an ambulance has left the pit area a race may not be continued until a back-up ambulance is provided or the first ambulance returns.

Section 3.4 FIRE PROTECTION

3.4.1 No race or exhibition of driving skill shall be conducted unless there is available at a suitable location near the track a fire truck with trained fire fighters in attendance.

3.4.2 A "suitable location" shall be defined as an area readily accessible to the track which allows the fire truck to reach all areas of the track in a timely manner while still protecting the fire fighters and truck and fire personnel from the racing participants.

3.4.3 A "fire truck" shall be defined as a vehicle that is adequately equipped with fire fighting equipment, including, but not limited to the following minimum equipment:

a. One (1) 150 pound dry chemical extinguisher, or its equivalent in smaller extinguishers;

b. Three (3) 5 or 10 pound dry chemical extinguishers;

c. Three (3) 2 1/2 pound APW (all purpose water) with cold fire or a foam additive. Extinguishers shall be inspected before every event by the permittee or his designee and shall be inspected at least once per year by a trained professional.

d. A water tank with either a gas driven / hydraulic or "power take off" driven pump; or a pressurized water tank containing at least 50 gallons of water;

e. A complete set of hand extraction tools, including hacksaws and panel cutters, and wire/cable cutters;

f. Hydraulic rescue tools must be on hand or must at least be available within 10 minutes of the event; and

g. Stabilization blocking.

3.4.4 "Trained fire fighters" shall be defined as persons having had Level 1 certification with review of flammable liquids, auto extraction, and fire extinguishers. Fire fighters shall also have familiarity with race car structure, roll cage design, fuel cells, removable steering wheels, harnesses, window nets, and placement of switches.

If not Level 1 certified, fire fighters shall, at a minimum, have had a complete class in fire science, flammable liquids, flammable metals, fire extinguishers, extraction tools both power and hydraulic, stabilization of race car, and familiarity with medical stabilization equipment, in addition to the familiarity with the race car equipment as defined above.

3.4.5 Fire fighters in attendance must be properly equipped, including, but not limited to the following fire retardant items:

a. Suit or regular turnout gear;

b Head covering; and

c. Gloves.

d. At least two of the fire fighters present must be wearing their equipment during the running of the event.

3.4.6 There shall be a fire extinguisher located at all refueling stations.

3.4.7 If any of the above fire truck equipment is rendered inoperable, the event may not proceed until the required equipment is replaced. For the purposes of this rule, an extinguisher is "inoperable" if it is less than 75% charged and must be replaced or recharged.

Section 3.5 POLICE PROTECTION

3.5.1 There must be a minimum of one Security Guard for every five hundred spectators. In addition, there must be a minimum of one Qualified Officer, when the spectator attendance exceeds 1000, for every 1000 spectators. If a town or city requires a more strict ratio that requirement must be met. Security Guards and Qualified Officers must wear a uniform including a jacket and cap, or shirt and cap, or vest and cap that will identify them as security personnel.

3.5.2 "Security Guard" means an individual hired by the track manager for the purpose of duties such as, but not restricted to, crowd control, restraining unauthorized persons from entering restricted areas, keeping aisles clear, etc.

3.5.3 "Qualified Officer" means a police officer of the state or any municipality, sheriff, deputy sheriff, or constable, with arrest powers.

Section 3.6 SPECTATOR AREA

The application for a permit must be accompanied by an inspection report certifying that the spectator seats are built and maintained in a safe manner. The inspection report shall be prepared by:

1) the building inspector of the municipality in which the track is located,

2) a registered professional engineer,

3) a reputable building contractor,

4) examiner of the insurance company holding the risk on the stands, or

5) the Department of Labor and Industry. In the event the stands are moved or altered during the racing season or new stands erected, a new inspection report shall be forwarded to the office of the Commission before the stands are used.

Section 3.7 INSPECTIONS

3.7.1 The commission will inspect any race track or place of exhibition permitted by it or for which application for permit has been made to it. The Commission may also utilize the services of the special officer assigned to the Commission by the Department of Public Safety to make such inspections.

3.7.2 Any permit may be revoked at any time for failure of the permittee to comply with the requirements of these rules. A permittee shall be afforded at least seven days notice of revocation, and a reasonable opportunity to be heard prior there to. If, in the opinion of the Commission, the failure to comply with the requirements of these rules constitutes a serious immediate danger to the public, the Commission may order the permittee to immediately suspend racing. Permits which have been revoked may be reinstated by the Commission upon compliance with the requirements of these rules.

Part 4 MOTORCYCLES, ALL TERRAIN VEHICLES (ATV'S) AND CO-KARTS

Section 4.1 TRACKS AND FENCING

4.1.1 Tracks shall not cross any stream of any size.

4.1.2 Tracks must be laid out to prevent any soil erosion.

4.1.3 Tracks must comply with the requirements of other state and local agencies.

4.1.4 Track racing areas and surfaces must be laid out with a priority on safety.

4.1.5 Unauthorized persons must be restrained from being on the race course.

4.1.6 The track promoter must provide adequate fencing as approved by the commission and other means of crowd control to protect the spectators from injury during the meet.

4.1.7 No fencing shall be placed closer than 10 feet to the race surface.

4.1.8 Fencing on a curved portion of the track where spectators are allowed must be at least 20 feet from the track.

4.1.9 Fencing must be a minimum of 48 inches high. Snow fence type, plastic or fiber glass fencing, or steel wire with a mesh of not more than six inches is required. Any damaged fence or posts shall be repaired or replaced immediately. Fence posts must be placed at no more than 20 foot intervals. Only steel fence posts of the standard type used as snow fence posts shall be used. (No steel pipe of any size is allowed). Each post shall have a tire hanging from its top. Tires used either on the track or placed on the fence posts shall not have any wire or steel belting showing.

Section 4.2 PIT AREA

4.2.1 Pit areas must be so designed as to prevent spectators from entering.

4.2.2 Pit areas must be so designed as to prevent cycles or ATV's from moving on or off the track except at a designated area; preferably at the start or finish areas.

4.2.3 No drinking alcohol within the confines of the racing surface itself or pit areas.

4.2.4 Signs stating "NO DRINKING IN THE PIT AREAS" must be placed at all entries and exits to the pit areas.

4.2.5 Pit areas must be designed to prevent vehicles from moving on or off the track except at a designated area. The fenced entrance and exit to the pit area does not need to be closed. The fenced opening for vehicles shall be so located that a vehicle leaving the track must travel at least 75 feet from the edge of the track before entering the pit. The fenced opening shall be no more than 24 feet in width.

4.2.6 The liability insurance certificate required under 31 V.S.A. § 306 shall cover the pit area as well as all other areas of the race track.

4.2.7 "Spectator" means any person who holds a general admission ticket, special admission ticket, or other kind of ticket or permit purporting to grant that person entrance to any part of the track racing area or pit area.

Section 4.3 FIRST AID

4.3.1 There must be at least one ambulance and at least one emergency medical technician (EMT) at the track whenever spectators are present and the track is in use. EMT's must be certified y [by] the Vermont Department of Health pursuant to its Emergency Medical Services Rules.

4.3.2 Ambulances must be located in an area designated by the Commission, so as to afford immediate access to all areas of the event. First aid personnel must be located in an area where they can either see the entire track or see designated personnel watching areas out of their view.

4.3.3 Once an ambulance has left the race track grounds, a race may not be continued until a back-up ambulance is provided or the first ambulance returns. A race must not be allowed to continue if the EMT leaves the race track grounds, unless a back-up EMT is provided.

Section 4.4 FIRE PROTECTION

4.4.1 No race or exhibition of driving skill shall be conducted unless adequate extinguishers are available at suitable locations around the track. The extinguishers must be suitable to put out fires involving flammable liquids and be operated by trained fire fighters. Extinguishers shall be inspected before every event by the permittee or his or her designee and shall be inspected at least once per year by a trained professional.

4.4.2 "Suitable locations around the track" shall be defined as at every flagstand.

4.4.3 "Trained fire fighters" shall be defined as persons having extensive familiarity with flammable liquids and are extinguishers.

4.4.4 Fire fighters in attendance must be properly equipped with fire retardant gloves and eye protection.

4.4.5 There shall be a fire extinguisher located at all refueling stations.

4.4.6 If any of the above extinguishers are rendered inoperable, the event may not proceed until the required extinguisher is replaced. For the purposes of this rule, an extinguisher is "inoperable" if it is less than 75% charged and must be replaced or recharged.

Section 4.5 POLICE PROTECTION

4.5.1 There must be a minimum of one Security Guard for every five hundred spectators. In addition, there must be a minimum of one Qualified Officer, when the spectator attendance exceeds 1000, for every 1000 spectators. If a town or city requires a more strict ratio that requirement must be met. Security Guards and Qualified Officers must wear a uniform including a jacket and cap, or shirt and cap, or vest and cap that will identify them as security personnel

4.5.2 "Security Guard" means an individual hired by the track manager for the purpose of duties such as, but not restricted to, crowd control, restraining unauthorized persons from entering restricted areas, keeping aisles clear, etc.

4.5.3 "Qualified Officer" means a police officer of the state or any municipality, sheriff, deputy sheriff, or constable, with arrest powers.

Section 4.6 SPECTATOR AREA

The application for a permit must be accompanied by an inspection report certifying that the spectator seats are built and maintained in a safe manner. The inspection report shall be prepared by:

1) the building inspector of the municipality in which the track is located,

2) a registered professional engineer,

3) a reputable building contractor,

4) an examiner of the insurance company holding the risk on the stands, or

5) the Department of Labor and Industry. In the event the stands are moved or altered during the racing season or new stands erected, a new inspection report shall be forwarded to the office of the Racing Commission before the stands are used.

Section 4.7 INSPECTIONS

4.7.1 The Commission will inspect any race track or place of exhibition permitted by it or for which application for permit has been made to it. The Commission may also utilize the services of the special officer assigned to the Commission by the Department of Public Safety to make such inspections.

4.7.2 Any permit may be revoked at any time for failure of the permittee to comply with the requirements of these rules. A permittee shall be afforded at least seven days notice of revocation, and a reasonable opportunity to be heard prior thereto. If, in the opinion of the Commission, the failure to comply with the requirements of these rules constitutes a serious immediate danger to the public, the Commission may order the permittee to immediately suspend racing. Permits which have been revoked may be reinstated by the Commission upon compliance with the requirements of these rules.

Section 4.8 PARENTAL CONSENT

Each participant under the age of majority shall provide in advance of the race a consent form sworn before a notary by his or her parent or guardian, which the promoter shall retain on file for one year after the race.

Part 5 DEMOLITION DERBY

Section 5.1 EVENT AREAS AND FENCING

5.1.1 References as applied to demolition derbies:

a. Any reference to the "event area" shall be deemed a reference to the participant area or "bull ring" for demolition derbies.

b. Any reference to the "pit area" includes the "holding" or "unloading" areas for demolition derbies.

5.1.2 Event areas must be laid out to prevent any soil erosion.

5.1.3 Event areas must comply with the requirements of other state and local agencies.

5.1.4 Event areas and surfaces must be laid out with a priority on safety.

5.1.5 Precautions must be taken to restrain unauthorized persons from being in the event area.

5.1.6 The permit holder is responsible for providing adequate fencing and other means of crowd control to protect the spectators from injury during the meet. The permit holder is responsible for communicating with the promoter as to the Commission's laws and rules. The permit holder is responsible for ensuring compliance with these laws and rules.

5.1.7 The barriers and fencing for demolition derbies and for special event demolition derbies shall be as follows:

a. Around the circumference of the event area there shall be a barrier which may be constructed from concrete, steel or other material suitable to the Commission that will restrain participating vehicles from leaving the event area. Jersey barriers or cement blocks of equivalent size are the recommended barrier for use at demolition derbies. Barriers constructed of logs will no longer be allowed as of January 1, 2000.

b. A fence shall be placed not closer than 30 feet to the barrier required above, and must restrain spectators. Spectator fences must be properly policed to ensure that spectators do not come inside the spectator fence or come within 30 feet of the barriers at any time.

c. Inadcquate barriers or spectator fences will be cause for the Commission to prevent the event from taking place until such time as proper barriers and/or fences are in place.

d. In the event the topography of the land outside of the event area shall require any deviation from the requirements set forth above, the change must have prior approval of the Commission.

5.1.8 The use of baled hay, straw, or any similar material as a protective device or barricade between participating vehicles and spectators is prohibited.

5.1.9 Event areas shall be lighted during any portion of any meet held after civil twilight.

5.1.10 "Special Events" means events such as fairs, field days, circuses or exhibitions which are held only once a year and last no more than ten consecutive days, at which racing or demolition derbies are held.

Section 5.2 PIT AREA

5.2.1 Pit areas must be designed to prevent spectators from entering the area. This includes proper fencing and policing of the pit area. There shall be only one entrance for foot traffic into the pit area which must be properly policed by a qualified officer (see Rule 5.5.3. below) to prevent spectator entry.

5.2.2 Pit areas must be designed to prevent vehicles from moving on or off the event area except at a designated area. The fenced entrance and exit to the pit area does not need to be closed. The fenced opening for vehicles shall be so located that a vehicle leaving the event area must travel at least 75 feet from the edge of the event area before entering the pit. The fenced opening shall be no more than 24 feet in width.

5.2.3 Drinking of alcohol is to be prohibited within the confines of the event area or the pit area.

5.2.4 Signs stating "NO DRINKING IN THE EVENT AREA OR IN THE PIT AREA" must be situated at all entries and exits to the pit area.

5.2.5 There shall be no spectators allowed by the pit entrance or exit area.

5.2.6 No one under the age of 14 may be allowed in the pit area.

5.2.7 The liability insurance certificate required under 31 V.S.A. § 306 shall cover the pit area as well as all other event areas.

5.2.8 "Spectator" means any person who holds a general admission ticket, special admission ticket, or other kind of ticket or permit purporting to grant that person entrance to any part of the event area or pit area.

5.2.9 Pit crews shall be limited to two persons, not including the driver.

Section 5.3 FIRST AID

5.3.1 There must be at least one ambulance and one emergency medical technician (EMT) at the demolition derby whenever spectators are present and the event area is in use. EMT's must be certified by the Vermont Department of Health pursuant to its Emergency Medical Services Rules.

5.3.2 Ambulances and first aid personnel must be located in the pit area or where they can either see the entire event area or see designated personnel watching areas out of their view. Once an ambulance has left the pit area a demolition derby may not be continued until a back-up ambulance is provided or the first ambulance returns.

Section 5.4 FIRE PROTECTION

5.4.1 No demolition derby shall be conducted unless there is available at a suitable location near the event area a fire truck with trained fire fighters in attendance.

5.4.2 A "suitable location" shall be defined as an area readily accessible to the event area which allows the fire truck to reach all parts of the event area in a timely manner while still protecting the fire fighters and truck from the demolition derby participants.

5.4.3 A "fire truck" shall be defined as a vehicle that is adequately equipped with fire fighting equipment, including, but not limited to the following minimum equipment:

a. One (1) 150 pound dry chemical extinguisher, or its equivalent in smaller extinguishers;

b. Three (3) 2 1/2 pound APW (all purpose water) with cold fire or a foam additive. Extinguishers shall be inspected before every event by the permittee or his designee and shall be inspected at least once per year by a trained professional.

c. A water tank with either a gas driven/hydraulic or "power take-off" driven pump; or a pressurized water tank containing at least 50 gallons;

d. A complete set of hand extraction tools, including hacksaws, panel cutters, and wire/cable cutters;

e. Hydraulic rescue tools must be on hand or at least must be available within 10 minutes of the event; and

f. Stabilization blocking.

5.4.4 "Trained fire fighters" shall be defined as persons having had Level 1 certification with review of flammable liquids, auto extraction, and fire extinguishers.

If not Level 1 certified, fire fighters shall, at a minimum, have had a complete class in fire science, flammable liquids, flammable metals, fire extinguishers, extraction tools both power and hydraulic, stabilization of vehicles and familiarity with medical stabilization equipment.

5.4.5 Fire fighters in attendance must be properly equipped, including, but not limited to the following fire retardant items:

a. Suit or regular turnout gear;

b. Head covering; and

c. Gloves.

d. At least two of the fire fighters present must be wearing their equipment during the running of the event.

5.4.6 There shall be a fire extinguisher located at the refueling station, if applicable.

5.4.7 If any of the above fire truck equipment is rendered inoperable, the event may not proceed until the required equipment is replaced. For the purposes of this rule, an extinguisher is "inoperable" if it is less than 75% charged and must be replaced or recharged.

Section 5.5 POLICE PROTECTION

5.5.1 There must be a minimum of one Security Guard for every five hundred spectators. In addition, there must be a minimum of one Qualified Officer, when the spectator attendance exceeds 1000, for every 1000 spectators. If a town or city requires a more strict ratio that requirement must be met. Security Guards and Qualified Officers must wear a uniform including a jacket and cap, or shirt and cap, or vest and cap that will identify them as security personnel.

5.5.2 "Security Guard" means an individual hired for the purpose of duties such as, but not restricted to, crowd control, restraining unauthorized persons from entering restricted areas, keeping aisles clear, etc.

5.5.3 "Qualified Officer" means a police officer of the state or any municipality, sheriff, deputy sheriff, or constable, with arrest powers.

Section 5.6 SPECTATOR AREA

The application for a permit must be accompanied by an inspection report certifying that the spectator seats are built and maintained in a safe manner. The inspection report shall be prepared by:

1) the building inspector of the municipality in which the event is located,

2) a registered professional engineer,

3) a reputable building contractor,

4) examiner of the insurance company holding the risk on the stands, or

5) the Department of Labor and Industry. In the event the stands are moved or altered or new stands are erected, a new inspection report shall be forwarded to the office of the Commission before the stands are used.

Section 5.7 INSPECTIONS

5.7.1 The Commission will inspect any demolition derbies permitted by it or for which application for permit has been made to it. The Commission may also utilize the services of the special officer assigned to the Commission by the Department of Public Safety to make such inspections.

5.7.2 Any permit may be revoked at any time for failure of the permittee to comply with the requirements of these rules. A permittee shall be afforded at least seven days notice of revocation, and a reasonable opportunity to be heard prior there to. If, in the opinion of the Commission, the failure to comply with the requirements of these rules constitutes a serious immediate danger to the public, the Commission may order the permittee to immediately suspend the event. Permits which have been revoked may be reinstated by the Commission upon compliance with the requirements of these rules.

Part 6 OTHER INFORMATION FOR PERMIT HOLDERS

Section 6.1 PERMIT RENEWAL

6.1.1 The Office has a fixed 24-month renewal schedule. Permit holders renew on a fixed biennial schedule. Permits expire on the even number years.

6.1.2 Permit holders shall renew by the expiration date printed on their permit. Before the permit expiration date, the Office will mail a renewal application and notice of a renewal fee. Permits will expire automatically if the renewal application and fees are not returned to the Office by the expiration date. There is a late renewal penalty of $ 25.00 for a renewal submitted less than 30 days late. Thereafter the penalty will increase by $ 5.00 for every additional month or fraction of a month, not to exceed $ 100.00.

6.1.3 A permit holder is responsible for notifying the Office promptly if there a change in name, mailing address or business address.

6.1.4 A "Special Event", as defined by Rule 5.1. 10, shall require a single racing permit only, including demolition derbies.

Section 6.2 COMPLAINTS OF UNPROFESSIONAL CONDUCT

6.2.1 The Commission follows Office procedure for receiving, investigating and acting on complaints of unprofessional conduct. Copies of the procedure, complaint forms and more information about the complaint process may be obtained from the Office.

6.2.2 Grounds for unprofessional conduct complaints may be found in the Commission's statutes at 31 V.S.A. Sections 301-313 and 3 V.S.A. Section 129a.

Notes

04-160 Code Vt. R. 04-030-160-X

Effective Date: [In effect. First effective date not available.]
AMENDED: September 23, 1991 (Secretary of State Rule Log #Not Available)
April 20, 1994 (Secretary of State Rule Log #94-18)
May 15, 1999 (Secretary of State Rule Log #99-22)

Statutory Authority: 31 V.S.A. §§ 301-313