Iowa Code r. 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 1,
proof that the applicant could not have reasonably complied with the May 1
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.
Notes
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No prior version found.