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, a
renamed applicant or permittee, a trustee in bankruptcy of an
applicant or a permittee, a reorganized form of an applicant or
permittee following merger, acquisition, or any other successor
entity.
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-site
inspections of the erection and operation of regulated amusement
devices. These inspections are not a prerequisite for operation of a
device that is covered by a regulated amusement device operating
permit.
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 device
operating permit to an applicant who qualifies under this section. If
an applicant qualifies for a permit under this section, an inspector
shall place an inspection seal on the device that is covered by the
permit.
(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 a
permit under this section.
(c) To qualify for a permit under this section, an applicant or an
authorized officer of the applicant shall pay the inspection fee set
under IC 22-12-6-6 and execute an application form affirming under
penalties for perjury the following:
(1) That all information provided in the application is true to the
best of the applicant's or officer's knowledge and belief after
reasonable investigation.
(2) That all personnel employed by the applicant having
maintenance responsibility for the amusement devices have or
will have sufficient background, knowledge, skills, and training
to adequately maintain the amusement devices under the rules
of the commission.
(3) That all persons employed by the applicant having
operational responsibility for the amusement devices have or
will have sufficient background, knowledge, skills, and training
to adequately operate the amusement devices under the rules of
the commission.
(4) That adequate training will be provided or otherwise made
available on an ongoing basis to maintenance and operational
personnel to ensure the continuous compliance of the personnel
with the standards set forth in subdivisions (2) and (3).
(5) That all maintenance and operational personnel will be
trained to recognize and report any condition that would
prohibit the safe operation of the amusement device.
(6) That, upon discovering a condition that would prohibit the
safe operation of an amusement device, both operational and
maintenance personnel must possess the requisite authority to
immediately shut down the amusement device and report the
condition of the amusement device to supervisory personnel. An
amusement device that is shut down under this subdivision may
not be returned to operation until the amusement device
complies 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 and
operational 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 and
operational standards set forth in subdivisions (2) through
(6).
(d) The execution of an application under subsection (c) by an
officer of an applicant corporation does not create individual
financial liability for the officer.
(e) The applicant must satisfy an inspector for the division that the
regulated amusement device meets the safety requirements set by the
commission.
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), the
division may not issue a permit under this chapter until the applicant
has filed with the division a certificate of insurance indicating that
the applicant has liability insurance:
(1) in effect with an insurer that is authorized to write insurance
in Indiana on the operation of regulated amusement devices;
and
(2) except for an applicant that is subject to the provisions of
IC 34-13-3, that provides coverage to a limit of at least:
(A) one million dollars ($1,000,000) per occurrence and five
million dollars ($5,000,000) in the annual aggregate;
(B) five hundred thousand dollars ($500,000) per occurrence
and two million dollars ($2,000,000) in the annual aggregate
if 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 two
million dollars ($2,000,000) in the annual aggregate if the
applicant operates only regulated amusement devices that
are designed to be used and are ridden by persons who are
not more than forty-two (42) inches in height.
(b) An insurance policy required under this section may include
a deductible clause if the clause provides that any settlement made
by the insurance company with an injured person or a personal
representative must be paid as though the deductible clause did not
apply.
(c) An insurance policy required under this section must provide
by the policy's original terms or an endorsement that the insurer may
not cancel the policy without:
(1) thirty (30) days written notice; and
(2) a complete report of the reasons for the cancellation to the
division.
(d) An insurance policy required under this section must provide
by the policy's original terms or an endorsement that the insurer shall
report to the division within twenty-four (24) hours after the insurer
pays a claim or reserves any amount to pay an anticipated claim that
reduces the liability coverage to a limit of less than one million
dollars ($1,000,000) because of bodily injury or death in an
occurrence.
(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 that
complies with this section.
(f) If a permittee fails to file a certificate of insurance for new or
replacement insurance, the permittee:
(1) must cease all operations under the permit immediately; and
(2) may not conduct further operations until the permittee
receives the approval of the division to resume operations after
the permittee complies with the requirements of this section.
(g) The division may issue a permit under this chapter to an
applicant 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 indicating
that the applicant is self-insured for liability.
(h) The division may reduce the annual aggregate liability
insurance coverage required under subsection (a)(2)(A) to one
million dollars ($1,000,000) in the annual aggregate for an applicant
that:
(1) operates only regulated amusement devices that are bull ride
simulators that are multiride electric units with bull ride
attachments; 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 a
regulated amusement device unless the person has authority to:
(1) construct, repair, or maintain the regulated amusement
device; 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 a
regulated amusement device.
(3) Each person who has control over the place where a
regulated amusement device is operated.
(c) A person described in subsection (b) commits a Class C
infraction if:
(1) a regulated amusement device is operated; and
(2) no regulated amusement device operating permit issued
under 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 to
define appropriate training for a person who inspects regulated
amusement 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 Physical
Information to be Provided to Amusement Rides and
Devices");
(B) ASTM F 770 (1993 edition) ("Practice for Operation
Procedures for Amusement Rides and Devices");
(C) ASTM F 846 (1992 edition) ("Guide for Testing
Performance of Amusement Rides and Devices");
(D) ASTM F 853 (1993 edition) ("Practice for Maintenance
Procedures for Amusement Rides and Devices");
(E) ASTM F 893 (1987 edition) ("Guide for Inspection of
Amusement Rides and Devices");
(F) ASTM F 1305 (1994 edition) ("Standard Guides for the
Classification of Amusement Ride and Device Related
Injuries and Illnesses"); or
(G) any subsequent published editions of the ASTM
standards described in clauses (A) through (F).
(2) A requirement that inspectors employed or contracted by the
division:
(A) have and maintain at least:
(i) a Level 1 certification from the National Association of
Amusement Ride Safety Officials or an equivalent
organization approved by the commission; or
(ii) an equivalent certification under a process or system
approved by the commission; and
(B) conduct inspections that conform to the rules of the
commission.
(3) A requirement that regulated amusement devices be
operated and maintained in accordance with the rules of the
commission.
(4) The commission's chief inspector or supervisor of regulated
amusement device inspectors must have and maintain a Level
I 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, maintain
at each location operated by the permittee for each regulated
amusement 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 and
modifications.
(4) Daily operation and inspection logs or checklists.
(5) Personnel training records.
(b) The materials described in subsection (a) must be made
available 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 for
review the materials described in subsection (a) constitutes grounds
for the division to temporarily suspend a permit during the term of
failure 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 a
regulated amusement device, the commission may, upon demand by
the commission, inspect a regulated amusement device at any time
following:
(1) the report of an accident involving the regulated amusement
device; 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 amusement
device is in operation; and
(3) may not operate more than one (1) regulated amusement
device at a time.
(b) The operator of a regulated amusement device may deny
entrance to the regulated amusement device to any person if the
operator believes the entry of the person may jeopardize the safety
of the person, other riders of the regulated amusement device, or any
other 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 a
regulated amusement device without a valid permit for the regulated
amusement device commits a Class A misdemeanor.
As added by P.L.166-1997, SEC.12.