CHAPTER 88A SAFETY INSPECTION OF AMUSEMENT RIDES
88A.1 DEFINITIONS.
88A.2 PERMIT REQUIRED.
88A.3 RULES.
88A.4 PERMIT AND INSPECTION FEES.
88A.5 FEES TO GENERAL FUND.
88A.6 PERSONNEL.
88A.7 CESSATION ORDER.
88A.8 JUDICIAL REVIEW.
88A.9 INSURANCE.
88A.10 PENALTIES.
88A.11 EXEMPTIONS.
88A.12 LOCAL REGULATION.
88A.13 WAIVER OF INSPECTION.
88A.14 INJUNCTION.
88A.15 RIDER SAFETY.
88A.16 NOTICE TO RIDERS.
88A.17 CONSTRUCTION.



        

88A.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Amusement device" means any equipment or piece of equipment, appliance or combination thereof designed or intended to entertain or amuse a person. 2. "Amusement ride" means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride" does not include a device or structure that is devoted principally to exhibitions related to agriculture, the arts, education, industry, religion, or science. 3. "Carnival" means an enterprise offering amusement or entertainment to the public in, upon, or by means of amusement devices or rides or concession booths. 4. "Commissioner" means the labor commissioner or the labor commissioner's designee. 5. "Concession booth" means a structure, or enclosure, used at more than one fair or carnival, or at one fair or carnival for more than seven consecutive days, from which amusements are offered to the public. 6. "Division" means the division of labor services of the department of workforce development created under section 84A.1. 7. "Fair" means an enterprise principally devoted to the exhibition of products of agriculture or industry in connection with the operation of amusement rides or devices or concession booths. 8. "Operator" means a person, or the agent of a person, who owns or controls or has the duty to control the operation of an amusement device or ride, a concession booth, or related electrical equipment at a carnival or fair. "Operator" includes an agency of the state or any of its political subdivisions. 9. "Parent or guardian" means a parent, custodian, or guardian or person responsible for the control, safety, training, or education of a rider who is a minor or person with a disability. 10. "Related electrical equipment" means any electrical apparatus or wiring used at a carnival or fair. 11. "Rider" means a person waiting in the immediate vicinity of an amusement ride to get on the amusement ride, getting on an amusement ride, using an amusement ride, getting off an amusement ride, or leaving an amusement ride and still in the immediate vicinity of the amusement ride. "Rider" does not include an employee, agent, or servant of the amusement ride owner while engaged in the duties of their employment. 12. "Sign" means any symbol or language reasonably calculated to communicate information to a rider or the rider's parent or guardian, including placards, prerecorded messages, live public address, stickers, pictures, pictograms, video, verbal information, and visual signals.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.1] 

         Section History: Recent Form

         86 Acts, ch 1245, § 915; 90 Acts, ch 1136, § 2; 96 Acts, ch 1186,
      § 23; 98 Acts, ch 1135, § 1, 2, 7; 99 Acts, ch 96, §8
        

88A.2 PERMIT REQUIRED. No amusement device or ride, concession booth, or any related electrical equipment shall be operated at a carnival or fair in this state without a permit having been issued by the commissioner to an operator of such equipment. On or before the first of May of each year, any person required to obtain a permit by this chapter shall apply to the division for a permit on a form furnished by the commissioner which form shall contain such information as the commissioner may require. The commissioner may waive the requirement that an application for a permit must be filed on or before the first of May of each year if the applicant gives satisfactory proof to the commissioner that the applicant could not reasonably comply with the date requirement and if the applicant immediately applies for a permit after the need for a permit is first determined. For the purpose of determining if an amusement ride, amusement device, concession booth, or any related electrical equipment is in safe operating condition and will provide protection to the public using such ride, device, booth, or related electrical equipment, each amusement ride, amusement device, concession booth, or related electrical equipment shall be inspected by the commissioner before it is initially placed in operation in this state, and shall thereafter be inspected at least once each year. If, after inspection, an amusement device or ride, concession booth, or related electrical equipment is found to comply with the rules adopted under this chapter, the commissioner shall, upon payment of the permit fee and the inspection fee, permit the operation of the amusement device or ride or concession booth or to use any related electrical equipment. If, after inspection, additions or alterations are contemplated which change a structure, mechanism, classification or capacity, the operator shall notify the commissioner of the operator's intentions in writing and provide any plans or diagrams requested by the commissioner.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.2]
        

88A.3 RULES. 1. The commissioner shall adopt rules for the safe installation, repair, maintenance, use, operation, and inspection of amusement devices, amusement rides, concession booths, and related electrical equipment at carnivals and fairs to the extent necessary for the protection of the public. The rules shall be based on generally accepted engineering standards and shall be concerned with, but not necessarily limited to, engineering force stresses, safety devices, and preventive maintenance. If standards are available in suitable form, the standards may be incorporated by reference. The rules shall provide for the reporting of accidents and injuries incurred from the operation of amusement devices or rides, concession booths, or related electrical equipment. 2. The commissioner may modify or repeal any rule adopted under the provisions of this chapter.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.3] 

         Section History: Recent Form

         88 Acts, ch 1042, §2; 2008 Acts, ch 1056, §1
        

88A.4 PERMIT AND INSPECTION FEES. Annual inspection fees under this chapter shall be as follows: 1. Permit fees. a. One through ten rides, or devices or concessions, thirty dollars. b. Eleven or more rides, or devices or concessions, forty dollars. 2. Mechanical and electrical inspection fees for amusement rides and devices. a. For rides which are designed for seventy-five pounds or less per passenger unit, seventy-five dollars for each inspection. b. For rides which are designed for seventy-five pounds or more and for which the manufacturer's recommended assembly time is less than forty work hours, one hundred ten dollars for each inspection. c. For rides for which the manufacturer's recommended assembly time is forty work hours or more, two hundred fifty dollars for each inspection. 3. Electrical inspection of concession booths, and amusement devices fees, forty dollars each.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.4] 

         Section History: Recent Form

         92 Acts, ch 1098, § 2; 2008 Acts, ch 1056, §2, 3
        

88A.5 FEES TO GENERAL FUND. All fees collected by the division under the provisions of this chapter shall be transmitted to the treasurer of state and credited by the treasurer to the general fund of the state.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.5]
        

88A.6 PERSONNEL. The commissioner may employ inspectors and any other personnel deemed necessary to carry out the provisions of this chapter, subject to the provisions of chapter 8A, subchapter IV.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.6] 

         Section History: Recent Form

         2003 Acts, ch 145, §160
        

88A.7 CESSATION ORDER. The commissioner may order, in writing, a temporary cessation of operation of any amusement device or ride, concession booth, or related electrical equipment if it has been determined after inspection to be hazardous or unsafe. Operation of the amusement device or ride, concession booth or related electrical equipment shall not resume until the unsafe or hazardous condition is corrected to the satisfaction of the commissioner.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.7]
        

88A.8 JUDICIAL REVIEW. Judicial review of action of the commissioner may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.8] 

         Section History: Recent Form

         2003 Acts, ch 44, §114
        

88A.9 INSURANCE. No person shall be issued a permit under this chapter unless the person first obtains an insurance policy in an amount of not less than one million dollars for bodily injury, death, or property damage in any one occurrence.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.9] 

         Section History: Recent Form

         2009 Acts, ch 85, §1
        

88A.10 PENALTIES. 1. Any person who operates an amusement device or ride, concession booth or related electrical equipment at a carnival or fair without having obtained a permit from the commissioner or who violates any order or rule issued by the commissioner under this chapter is guilty of a serious misdemeanor. 2. A person who interferes with, impedes, or obstructs in any manner the commissioner in the performance of the commissioner's duties under this chapter is guilty of a simple misdemeanor. A person who bribes or attempts to bribe the commissioner is subject to section 722.1. 3. A person who fails to obey a safety related requirement listed on a sign displayed at an amusement ride pursuant to section 88A.16, subsection 2, is subject to a civil penalty of one hundred dollars.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.10] 

         Section History: Recent Form

         87 Acts, ch 111, § 7; 98 Acts, ch 1135, §3, 7
        

88A.11 EXEMPTIONS. The following amusement devices or rides or concession booths are exempt from the provisions of this chapter: 1. Nonmechanized playground equipment including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, swinging gates and physical fitness devices except where an admission fee is charged for usage or an admission fee is charged to areas where such equipment is located. 2. A concession booth, amusement device or ride which is owned and operated by a nonprofit religious, educational or charitable institution or association if such booth, device or ride is located within a building subject to inspection by the state fire marshal or by any political subdivisions of the state under its building, fire, electrical, and related public safety ordinances. 3. The commissioner may exempt amusement devices from the provisions of this chapter that have self-contained wiring installed by the manufacturer, that are operated manually by the use of hands or feet, that operate on less than one hundred twenty volts of electrical power, and that are fixtures or appliances within or part of a structure subject to the building code of this state or any political subdivision of this state. 4. The commissioner may exempt playground equipment owned, maintained, and operated by any political subdivision of this state. 5. Vessels inspected by officers appointed by the director of the department of natural resources under chapter 462A.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.11; 82 Acts, ch 1028, § 1] 

         Section History: Recent Form

         97 Acts, ch 40, § 2
        

88A.12 LOCAL REGULATION. Nothing contained in this chapter shall prevent any political subdivision of this state from licensing or regulating any amusement ride or device, concession booth, electrical equipment, carnival, or circus as otherwise provided by law.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.12]
        

88A.13 WAIVER OF INSPECTION. The commissioner may waive the requirement that an amusement device or ride or any part thereof be inspected before being operated in this state if an operator gives satisfactory proof to the commissioner that the amusement device or ride or any part thereof has passed an inspection conducted by a public or private agency whose inspection standards and requirements are at least equal to those requirements and standards established by the commissioner under the provisions of this chapter. The annual permit and inspection fees shall be paid before the commissioner may waive this requirement.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 88A.13]
        

88A.14 INJUNCTION. In addition to any and all other remedies, if an owner, operator, or person in charge of any amusement device or ride, concession booth, or related electrical equipment covered by this chapter, continues to operate any amusement device or ride, concession booth, or related electrical equipment covered by this chapter, after receiving a notice of defect as provided by this chapter, without first correcting the defects or making replacements, the commissioner may petition the district court in equity, in an action brought in the name of the state, for a writ of injunction to restrain the use of the alleged defective amusement device or ride, concession booth, or related electrical equipment.

         Section History: Recent Form

         88 Acts, ch 1042, §3
        

88A.15 RIDER SAFETY. 1. A rider or the rider's parent or guardian shall report in writing to the operator or the operator's designee, on forms provided by the operator or the operator's designee, any injury sustained on an amusement ride before leaving the operator's premises. The report shall include all of the following information: a. The name, address, and phone number of the injured person. b. A brief description of the incident, the injury claimed, and the location, date, and time of the injury. c. The cause of the injury, if known. d. The name, address, and phone number of any witness to the incident. 2. If the rider or the rider's parent or guardian is unable to file a report because of the severity of the rider's injuries, the rider or the rider's parent or guardian shall file the report as soon as reasonably possible. The failure of a rider or the rider's parent or guardian to report an injury under this section does not affect the rider's right to commence a civil action related to the incident. 3. A rider shall, at a minimum, do all of the following: a. Obey the reasonable safety rules posted in accordance with this chapter and oral instructions for an amusement ride issued by the operator or the operator's employee or agent, unless the safety rules or oral instructions are contrary to the safety rules of this chapter. b. Refrain from acting in any manner that may cause or contribute to injuring the rider or others, including all of the following: (1) Exceeding the limits of the rider's ability. (2) Interfering with safety devices that are provided. (3) Failing to engage safety devices that are provided. (4) Disconnecting or disabling a safety device except at the express instruction of the operator. (5) Altering or enhancing the intended speed, course, or direction of an amusement ride. (6) Using the controls of an amusement ride designed solely to be operated by the operator. (7) Extending arms and legs beyond the carrier or seating area except at the express direction of the operator. (8) Throwing, dropping, or expelling an object from or toward an amusement ride except as permitted by the operator. (9) Getting on or off an amusement ride except at the designated time and area, if any, at the direction of the operator or in an emergency. (10) Not reasonably controlling the speed or direction of the rider's person or an amusement ride that requires the rider to control or direct the rider's person or a device. 4. A rider shall not get on or attempt to get on an amusement ride unless the rider or the rider's parent or guardian reasonably determines that, at a minimum, the rider meets all of the following criteria: a. Has sufficient knowledge to use, get on, and get off the amusement ride safely without instruction or has requested and received sufficient information to get on, use, and get off the amusement ride safely prior to getting on the amusement ride. b. Has located, read, and understood any signs in the vicinity of the amusement ride and meets any posted height, medical, or other requirements. c. Knows the range and limits of the rider's ability and knows the requirements of the amusement ride will not exceed those limits. d. Is not under the influence of alcohol or any drug that affects the rider's ability to safely use the amusement ride or obey the posted rules or oral instructions. e. Is authorized by the operator or the operator's employee, agent, or servant to get on the amusement ride.

         Section History: Recent Form

         98 Acts, ch 1135, §4, 7
         Referred to in § 88A.16, 88A.17
        

88A.16 NOTICE TO RIDERS. 1. An operator shall display signs indicating the applicable rider safety responsibilities provided in section 88A.15 and the location of stations to report injuries. The signs must be located in all of the following locations: a. Each station for reporting an injury. b. Each first aid station. c. Any of the following locations: (1) At least two other locations on the premises, including any premises entrance or exit most commonly used by riders, if there are no more than four entrances or exits for riders. (2) At least four other locations on the premises, including the four premises entrances and exits most commonly used by riders, if there are more than four entrances and exits for riders. (3) Every amusement ride. 2. An operator shall post a sign at each amusement ride. Any sign required by this subsection must be prominently displayed at a conspicuous location, clearly visible to the public, and bold and legible in design. The sign must include all of the following that apply: a. Operational instructions. b. Safety guidelines for riders. c. Restrictions on the use of the amusement ride. d. Behavior or activities that are prohibited. e. A legend providing that, "State law requires riders to obey all warnings and directions for this amusement ride and behave in a manner that will not cause or contribute to the injury of themselves or others. Riders must report injuries prior to leaving the premises. Failure to comply is punishable by fine."

         Section History: Recent Form

         98 Acts, ch 1135, §5, 7
         Referred to in § 88A.10, 88A.17
        

88A.17 CONSTRUCTION. Sections 88A.15 and 88A.16 shall not be construed to preclude a criminal prosecution or civil action available under any other provision of law.

         Section History: Recent Form

         98 Acts, ch 1135, §6, 7

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