Indiana § 22-15-7-2 - Amusement device operating permits; issuance; expiration; qualifications

§ 22-15-7-2. Amusement device operating permits; issuance; expiration; qualifications

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 2. (a) The department 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 department 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; P.L.187-2021, SEC.122.

IC 22-15-7-2Amusement device operating permits; issuance; expiration; qualifications Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 2. (a) The department 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 department.

(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 department.

(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 department that the regulated amusement device meets the safety requirements set by the department.

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; P.L.187-2021, SEC.122; P.L.152-2026, SEC.437.