Iowa Admin. Code r. 875-61.3

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 875-61.3 - Owner and operator requirements

No person shall operate covered equipment at a carnival or fair unless the person holds a current operating permit and the covered equipment has passed an Iowa inspection.

(1)Operating permit. No later than May 1 and at least 30 days before operation begins each calendar year, the operator of covered equipment shall apply to the commissioner for an operating permit. Applications may be submitted in November for continuous operations. Application shall be made on a form provided by the commissioner Each of the following shall be submitted with the completed operating permit application:

a. The applicable fee;

b. A certificate of insurance issued by an insurance company authorized to do business in Iowa. The certificate of insurance shall:

(1) Certify a policy in the minimum amount of $1 million for bodily injury, death, or property damage in any one occurrence;

(2) List the specific pieces of equipment that are covered and, if applicable, those that are not covered; and

(3) Include "Division of Labor Services-Amusements" as a certificate holder;

c. The operator's itinerary identifying the covered equipment to be operated and the dates and locations where each will be operated;

d. General design criteria, safety factors, materials utilized, and stress analysis unless the amusement ride or amusement device was granted an Iowa amusement inspection sticker during the previous calendar year;

e. Certification of compliance with applicable training and maintenance requirements;

f. With an application submitted after May I, proof that the applicant could not have reasonably complied with the May I deadline and proof that the application was filed immediately after need for the permit was known;

g. Separately for each bungee jump:

(1) A site operating manual;

(2) A report which is prepared and sealed by a professional engineer who is licensed in Iowa and which certifies that the design and construction of the equipment and structure are suitable for the intended use and conform to Iowa law, recognized engineering practices, procedures, standards and specifications;

(3) Site plan drawings depicting the preparation area, the jump space, the landing area, the recovery area and other features to be included in the approved operating site;

(4) Specifications of equipment and structures; and

(5) Depictions of the location, specifications, dimensions, and type of air bag, pool or body of water where the jumper will land.

(2)Changes to information submitted with application. The operator shall immediately notify the commissioner of any changes to the operator's itinerary. The operator shall promptly notify the commissioner of other changes to information provided with the operating permit application.

(3)Leases. The requirements of this subrule apply when covered equipment is leased for use at a fair or carnival.

a. The owner shall notify the commissioner within 48 hours of leasing the covered equipment. The notification shall include the name, address, and contact information for the lessee and lessor, a description of the covered equipment, and the dates and location of its intended operation.

b. The lessor shall give the lessee a copy of the manual for the leased covered equipment and shall train the lessee or the lessee's designated representatives on the use of the equipment.

c. The lessee shall obtain an operating permit.

(4)Personal injuries and deaths.

a. The operator shall immediately report by telephone any accident that results in death or medical care beyond first aid.

b. Within 48 hours after an operator is notified of a claim or report to the operator's insurance provider, the operator shall submit a duplicate copy of the report or claim to the commissioner

c. The commissioner may require that the scene of an accident be secured and not disturbed to any greater extent than necessary for removal of the deceased or injured person. If covered equipment is removed from service by the commissioner, the covered equipment shall be returned to service only upon the commissioner's authorization.

(5)Major breakdown report. The operator shall report a major breakdown of covered equipment to the commissioner immediately and provide a detailed report in writing within 48 hours. The commissioner may order the covered equipment to be withheld from operation, and in such case, the commissioner shall conduct an immediate investigation. The covered equipment shall be released for repair and operation only after the commissioner's investigation is complete.

(6)Advance notice of major modification. The operator shall notify the commissioner in writing at least ten days prior to a major modification. If requested by the commissioner, the operator shall provide plans, diagrams, and ride analysis documentation consistent with ASTM F2291-15.

(7)Technical data. If requested by the commissioner, the operator shall provide an English language version of the following:

a. Data concerning constant, reversible, or eccentric forces generated by acceleration, deceleration, wind, centrifugal action, or inertia.

b. Stress analysis and other data pertinent to the structural materials, design, structure, factors of safety or performance characteristics.

Iowa Admin. Code r. 875-61.3

Adopted by IAB March 2, 2016/Volume XXXVIII, Number 18, effective 4/6/2016

Amended by IAB March 14, 2018/Volume XL, Number 19, effective 4/18/2018

Amended by IAB April 8, 2020/Volume XLII, Number 21, effective 5/13/2020