CHAPTER 7. REGULATED AMUSEMENT DEVICES
IC 22-15-7
Chapter 7. Regulated Amusement Devices
IC 22-15-7-0.5
"Applicant" or "permittee" defined
Sec. 0.5. As used in this chapter, "applicant" or "permittee"includes a successor in interest to an applicant or permittee, arenamed applicant or permittee, a trustee in bankruptcy of anapplicant or a permittee, a reorganized form of an applicant orpermittee following merger, acquisition, or any other successorentity.
As added by P.L.166-1997, SEC.5.
IC 22-15-7-1
Inspection program; erection and operation of devices
Sec. 1. The division shall carry out a program of periodic on-siteinspections of the erection and operation of regulated amusementdevices. These inspections are not a prerequisite for operation of adevice that is covered by a regulated amusement device operatingpermit.
As added by P.L.245-1987, SEC.4. Amended by P.L.1-2006,SEC.401.
IC 22-15-7-2
Amusement device operating permits; issuance; expiration;qualifications
Sec. 2. (a) The division shall issue a regulated amusement deviceoperating permit to an applicant who qualifies under this section. Ifan applicant qualifies for a permit under this section, an inspectorshall place an inspection seal on the device that is covered by thepermit.
(b) A permit issued under this section:
(1) expires one (1) year from the date the permit was issued;and
(2) may be renewed if the applicant continues to qualify for apermit under this section.
(c) To qualify for a permit under this section, an applicant or anauthorized officer of the applicant shall pay the inspection fee setunder IC 22-12-6-6 and execute an application form affirming underpenalties for perjury the following:
(1) That all information provided in the application is true to thebest of the applicant's or officer's knowledge and belief afterreasonable investigation.
(2) That all personnel employed by the applicant havingmaintenance responsibility for the amusement devices have orwill have sufficient background, knowledge, skills, and trainingto adequately maintain the amusement devices under the rulesof the commission.
(3) That all persons employed by the applicant havingoperational responsibility for the amusement devices have or
will have sufficient background, knowledge, skills, and trainingto adequately operate the amusement devices under the rules ofthe commission.
(4) That adequate training will be provided or otherwise madeavailable on an ongoing basis to maintenance and operationalpersonnel to ensure the continuous compliance of the personnelwith the standards set forth in subdivisions (2) and (3).
(5) That all maintenance and operational personnel will betrained to recognize and report any condition that wouldprohibit the safe operation of the amusement device.
(6) That, upon discovering a condition that would prohibit thesafe operation of an amusement device, both operational andmaintenance personnel must possess the requisite authority toimmediately shut down the amusement device and report thecondition of the amusement device to supervisory personnel. Anamusement device that is shut down under this subdivision maynot be returned to operation until the amusement devicecomplies with ASTM standards for operation.
(7) That the applicant assumes full financial responsibility for:
(A) any condition or circumstance occasioned by, caused by,or resulting from noncompliance with the maintenance andoperational standards set forth in subdivisions (2) through(6); and
(B) any death, injury, or other loss occasioned by, caused by,or resulting from noncompliance with the maintenance andoperational standards set forth in subdivisions (2) through(6).
(d) The execution of an application under subsection (c) by anofficer of an applicant corporation does not create individualfinancial liability for the officer.
(e) The applicant must satisfy an inspector for the division that theregulated amusement device meets the safety requirements set by thecommission.
As added by P.L.245-1987, SEC.4. Amended by P.L.246-1987,SEC.1; P.L.222-1989, SEC.18; P.L.166-1997, SEC.6; P.L.1-2006,SEC.402.
IC 22-15-7-2.5
Certificate of insurance; insurance policy; coverage; exceptions
Sec. 2.5. (a) Except as provided in subsection (g) or (h), thedivision may not issue a permit under this chapter until the applicanthas filed with the division a certificate of insurance indicating thatthe applicant has liability insurance:
(1) in effect with an insurer that is authorized to write insurancein Indiana on the operation of regulated amusement devices;and
(2) except for an applicant that is subject to the provisions ofIC 34-13-3, that provides coverage to a limit of at least:
(A) one million dollars ($1,000,000) per occurrence and fivemillion dollars ($5,000,000) in the annual aggregate; (B) five hundred thousand dollars ($500,000) per occurrenceand two million dollars ($2,000,000) in the annual aggregateif the applicant operates only:
(i) a ski lift;
(ii) a surface lift or tow; or
(iii) both items (i) and (ii); or
(C) one million dollars ($1,000,000) per occurrence and twomillion dollars ($2,000,000) in the annual aggregate if theapplicant operates only regulated amusement devices thatare designed to be used and are ridden by persons who arenot more than forty-two (42) inches in height.
(b) An insurance policy required under this section may includea deductible clause if the clause provides that any settlement madeby the insurance company with an injured person or a personalrepresentative must be paid as though the deductible clause did notapply.
(c) An insurance policy required under this section must provideby the policy's original terms or an endorsement that the insurer maynot cancel the policy without:
(1) thirty (30) days written notice; and
(2) a complete report of the reasons for the cancellation to thedivision.
(d) An insurance policy required under this section must provideby the policy's original terms or an endorsement that the insurer shallreport to the division within twenty-four (24) hours after the insurerpays a claim or reserves any amount to pay an anticipated claim thatreduces the liability coverage to a limit of less than one milliondollars ($1,000,000) because of bodily injury or death in anoccurrence.
(e) If an insurance policy required under this section:
(1) is canceled during the policy's term;
(2) lapses for any reason; or
(3) has the policy's coverage fall below the required amount;
the permittee shall replace the policy with another policy thatcomplies with this section.
(f) If a permittee fails to file a certificate of insurance for new orreplacement insurance, the permittee:
(1) must cease all operations under the permit immediately; and
(2) may not conduct further operations until the permitteereceives the approval of the division to resume operations afterthe permittee complies with the requirements of this section.
(g) The division may issue a permit under this chapter to anapplicant that:
(1) is subject to IC 34-13-3; and
(2) has not filed a certificate of insurance under subsection (a);
if the applicant has filed with the division a notification indicatingthat the applicant is self-insured for liability.
(h) The division may reduce the annual aggregate liabilityinsurance coverage required under subsection (a)(2)(A) to onemillion dollars ($1,000,000) in the annual aggregate for an applicant
that:
(1) operates only regulated amusement devices that are bull ridesimulators that are multiride electric units with bull rideattachments; and
(2) otherwise complies with the requirements of this chapter.
As added by P.L.166-1997, SEC.7. Amended by P.L.141-2003,SEC.21; P.L.166-2005, SEC.2; P.L.1-2006, SEC.403.
IC 22-15-7-3
Operation without a permit; offense; application of section
Sec. 3. (a) This section does not apply to a person who uses aregulated amusement device unless the person has authority to:
(1) construct, repair, or maintain the regulated amusementdevice; or
(2) place the regulated amusement device out of service.
(b) This section applies to the following:
(1) Each person who operates a regulated amusement device.
(2) Each person who has control over the operation of aregulated amusement device.
(3) Each person who has control over the place where aregulated amusement device is operated.
(c) A person described in subsection (b) commits a Class Cinfraction if:
(1) a regulated amusement device is operated; and
(2) no regulated amusement device operating permit issuedunder this chapter covers the operation.
As added by P.L.245-1987, SEC.4.
IC 22-15-7-4
Training for inspectors; minimum standards
Sec. 4. (a) The commission shall adopt rules under IC 4-22-2 todefine appropriate training for a person who inspects regulatedamusement devices.
(b) The rules required under this section must, at a minimum,provide the following:
(1) The adoption by reference of:
(A) ASTM F 698 (1994 edition) ("Specification for PhysicalInformation to be Provided to Amusement Rides andDevices");
(B) ASTM F 770 (1993 edition) ("Practice for OperationProcedures for Amusement Rides and Devices");
(C) ASTM F 846 (1992 edition) ("Guide for TestingPerformance of Amusement Rides and Devices");
(D) ASTM F 853 (1993 edition) ("Practice for MaintenanceProcedures for Amusement Rides and Devices");
(E) ASTM F 893 (1987 edition) ("Guide for Inspection ofAmusement Rides and Devices");
(F) ASTM F 1305 (1994 edition) ("Standard Guides for theClassification of Amusement Ride and Device RelatedInjuries and Illnesses"); or (G) any subsequent published editions of the ASTMstandards described in clauses (A) through (F).
(2) A requirement that inspectors employed or contracted by thedivision:
(A) have and maintain at least:
(i) a Level 1 certification from the National Association ofAmusement Ride Safety Officials or an equivalentorganization approved by the commission; or
(ii) an equivalent certification under a process or systemapproved by the commission; and
(B) conduct inspections that conform to the rules of thecommission.
(3) A requirement that regulated amusement devices beoperated and maintained in accordance with the rules of thecommission.
(4) The commission's chief inspector or supervisor of regulatedamusement device inspectors must have and maintain a LevelI certification.
As added by P.L.166-1997, SEC.8. Amended by P.L.141-2003,SEC.22; P.L.1-2006, SEC.404; P.L.68-2009, SEC.6.
IC 22-15-7-5
Maintenance of records for regulated amusement devices; penalty
Sec. 5. (a) A permittee shall, during the permit period, maintainat each location operated by the permittee for each regulatedamusement device at the location the following:
(1) A current owner's manual.
(2) Any operational manuals or maintenance guides.
(3) Complete maintenance records describing all repairs andmodifications.
(4) Daily operation and inspection logs or checklists.
(5) Personnel training records.
(b) The materials described in subsection (a) must be madeavailable to an inspector from the division:
(1) upon request; and
(2) within a reasonable time.
The failure by the permittee to have, maintain, or make available forreview the materials described in subsection (a) constitutes groundsfor the division to temporarily suspend a permit during the term offailure or refusal.
As added by P.L.166-1997, SEC.9. Amended by P.L.1-2006,SEC.405.
IC 22-15-7-6
Reserved
IC 22-15-7-7
Inspection following accident or complaint
Sec. 7. In addition to a regularly scheduled inspection of aregulated amusement device, the commission may, upon demand by
the commission, inspect a regulated amusement device at any timefollowing:
(1) the report of an accident involving the regulated amusementdevice; or
(2) a complaint concerning the regulated amusement device.
As added by P.L.166-1997, SEC.10.
IC 22-15-7-8
Qualifications; powers of operators
Sec. 8. (a) The operator of a regulated amusement device:
(1) must be at least sixteen (16) years of age;
(2) must be in attendance whenever the regulated amusementdevice is in operation; and
(3) may not operate more than one (1) regulated amusementdevice at a time.
(b) The operator of a regulated amusement device may denyentrance to the regulated amusement device to any person if theoperator believes the entry of the person may jeopardize the safetyof the person, other riders of the regulated amusement device, or anyother person.
As added by P.L.166-1997, SEC.11.
IC 22-15-7-9
Operation without permit; penalty
Sec. 9. A person that knowingly or intentionally operates aregulated amusement device without a valid permit for the regulatedamusement device commits a Class A misdemeanor.
As added by P.L.166-1997, SEC.12.