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

Indiana § 22-15-7-2

• Jurisdiction: Indiana
• Art. 15: BUILDING AND EQUIPMENT LAWS:
• Ch. 7: Regulated Amusement Devices

Text

(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.

Legislative History

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.