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 […]
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 […]
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 […]
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. [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 […]
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 […]
88A.15 Rider safety — required report. 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 […]
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 […]
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. 98 Acts, ch 1135, §6, 7
88A.18 Amusement ride attendants — minimum age — training. 1. An attendant who controls patron restraints or the operation, starting, stopping, or speed of an amusement ride shall be at least sixteen years of age. 2. An operator shall require that a person complete training as provided in this subsection prior to beginning work as […]
88A.2 Permit required. 1. 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 […]
88A.3 Rules. 1. The commissioner shall adopt rules pursuant to chapter 17A 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 […]
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 […]
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. [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. [C73, 75, 77, 79, 81, §88A.6] 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 […]
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. [C73, 75, 77, 79, 81, §88A.8] 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. [C73, 75, 77, 79, 81, §88A.9] 2009 Acts, ch 85, §1