reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 34 - Civil Penalties › Rule 875-34.4 - Settlement Opportunity

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to initiating a contested case proceeding, the
				  commissioner shall normally request, in writing, that the employer enter into
				  settlement negotiations. This request may be omitted for good cause, including
				  urgent circumstances or reasonable belief that the employer will not comply
				  with the relevant section(s) of Iowa Code chapter 91A as part of a settlement.
				  The commissioner may, in consideration of the overall nature of the violations,
				  the promptness of the employer's remedial action, and administrative
				  efficiency, accept less than the full penalty from the employer at any time as
				  a settlement.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 34 - Civil Penalties › Rule 875-34.5 - Notice of Penalty Assessment; Contested Case Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To initiate an Iowa Code chapter 17A
				contested case proceeding, the commissioner shall serve a notice of penalty
				assessment in a manner consistent with service of original notice under the
				Iowa Rules of Civil Procedure. Such notice shall include the following:
a. A statement that the notice concerns a
				civil penalty assessment for violation of wage laws.
b. A statement that, if a hearing is
				requested by the employer, the commissioner shall determine, after the hearing
				is held pursuant to Iowa Code section 9IA. 12, subsections 2 and 3, whether the
				penalty assessment shall be upheld.
c. References to this chapter, Iowa Code
				section
				91A.12, and any
				sections of Iowa Code chapter 91A that are alleged to have been
				violated.
d. The type of
				violation(s).
e. The number of
				violations
f.The amoimt of the
				penalty.
g. A demand that the
				employer comply with the notice and record-keeping requirements of Iowa Code
				section
				91A.6(1).
h. A statement that the employer has the
				right to request a hearing within 30 days.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 34 - Civil Penalties › Rule 875-34.6 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Employer petition for Iowa Code chapter 17A judicial review.
The employer may request judicial review of an adverse ruling within 30 days.
				Such petition for review shall name the agency as respondent and shall contain
				a concise statement of the following:
a. The
				nature of the agency action for which review is requested.
b. The action for which review is
				requested.
c. The facts on which
				venue is based.
d. The grounds for
				the relief sought.
e. The relief
				sought.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 35 - Wage Payment Collection › Rule 875-35.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Claimant"
means an employee who has
				  submitted a wage claim form to the labor commissioner.
"Commissioner"
means the labor commissioner
				  of the division of labor services or a designee.
"Division"
means the division of labor
				  services of the department of workforce development.
"Employee"
is defined in Iowa Code chapter
				  91 A, and does not include an independent contractor
"Enforceable "
means eligible for the
				  enforcement actions of the labor commissioner
"Legal action "
means filing in a court of
				  competent jurisdiction and subsequent activity pursuant to that filing.
"Wage claim form "
means a document of the
				  division that requests information pertinent to a wage claim that an employee
				  submits to the division to commence investigation of the wage
				  claim.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 35 - Wage Payment Collection › Rule 875-35.2 - Right of Private Action

Current through Register Vol. 47, No. 3, July 24, 2024
Nothing in this chapter, including a determination that a
				  claim is unenforceable, prejudices the right of an employee to pursue a wage
				  claim by private action with or without the services of an attorney. If a
				  claimant wishes to pursue a private action after assigning a wage claim to the
				  commissioner, the claimant shall so notify the division in writing prior to
				  commencing that private action.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 35 - Wage Payment Collection › Rule 875-35.3 - Filing a Claim

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Wage claim form.
A wage claim form is available at
www.iowawage.gov
. An aggrieved employee shall
				supply such information as required by the commissioner to commence the
				investigation of a claim. The claimant shall certify by signature that such
				information is true to the best of the claimant's knowledge and belief. A claim
				for wages may be sent to the division office by mail, facsimile, or
				email.
(2)
Assignment of
				claim.
By submitting a wage claim form to the division, a claimant
				assigns the claim to the commissioner contingent on the commissioner's
				determination that the claim is enforceable. A claimant may terminate the
				assignment by so notifying the division in writing. The commissioner may
				terminate the assignment upon a determination that the claim is not
				enforceable.
(3)
Denial of
				claim.
The commissioner may deny claims within 14 days of receipt.
				Reasons for denying a claim without further investigation include, but are not
				limited to, the following:
a. The claim is
				received by the division more than one year after the date the wages became due
				and payable.
b. The claim must be
				heard in another forum or jurisdiction.
c. The claimant has begun a legal proceeding
				on the claim or has legal representation to pursue the claim.
d. The claim has been discharged in
				bankruptcy.
e. The claimant is not
				a resident of Iowa when submitting the claim to the division.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 35 - Wage Payment Collection › Rule 875-35.5 - Legal Action on Wage Claims

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Settlement opportunity.
The commissioner shall, in writing,
				afford the employer an opportunity to tender settlement 14 days prior to
				commencing a legal action.
(2)
Standard of conduct.
Upon commencing a legal action, the
				commissioner shall be bound by the standard of conduct required by the code of
				professional responsibility for lawyers.
(3)
Counterclaims.
The
				commissioner shall not represent claimants on counterclaims or other legal
				actions brought by employers against claimants.
(4)
Relief requested.
The
				commissioner may request liquidated damages, interest, attorneys' fees, and
				court costs in addition to wages due.
(5)
Claimant participation.
The commissioner may require the claimant to attend hearings and otherwise
				assist in the legal action as a condition of the commissioner's enforcing the
				claim.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 36 - Discrimination Against Employees › Rule 875-36.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Commissioner"
means the labor commissioner
				  of the division of labor services or a designee.
"Division "
means the division of labor
				  services.
"Employee"
means a natural person as defined
				  in Iowa Code section
				  91A.2(3).
"Employer"
means any person as defined in
				  Iowa Code chapter 4, who in this state employs for wages a natural
				  person.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 36 - Discrimination Against Employees › Rule 875-36.2 - Employee Rights

Current through Register Vol. 47, No. 3, July 24, 2024
Employees are afforded a wide range of substantive and
				  procedural rights under the Act. This chapter deals with the protection of
				  employees. Iowa Code section 91 A. 10(5) prohibits the discharge of an employee
				  or discriminatory actions against an employee for exercising rights under the
				  Act.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 36 - Discrimination Against Employees › Rule 875-36.4 - General Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				  91A.10(5)
				   provides in general that an employer shall
				  not discharge or in any manner discriminate against any employee because the
				  employee has:
1. Filed any complaint
				under or related to the Act;
2.
				Assigned a claim to the commissioner;
3. Instituted or caused to be instituted any
				proceeding under or related to the Act;
4. Cooperated in bringing any action against
				an employer;
5. Exercised on the
				employee's behalf or on behalf of others any right afforded by the
				Act.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 36 - Discrimination Against Employees › Rule 875-36.5 - Unprotected Activities Distinguished

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Actions taken by an employer, or others,
				which adversely affect an employee may be predicated upon nondiscriminatory
				grounds. The prohibitions apply when the adverse action occurs because the
				employee has engaged in protected activities. An employee's engagement in
				activities protected by the Act does not automatically render the employee
				immune from discharge or discipline for legitimate reasons, or from adverse
				action dictated by nonprohibited considerations.
(2) However, to establish a violation, the
				employee's engagement in protected activity need not be the sole consideration
				behind discharge or other adverse action. A violation exists if the protected
				activity was a substantial reason for the action, or if the discharge or other
				adverse action would not have taken place "but for" engagement in the protected
				activity. The issue as to whether a discharge or discrimination action was
				because of protected activity will be determined on the basis of the facts in
				each case.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 36 - Discrimination Against Employees › Rule 875-36.6 - Complaint Under or Related to the Act

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discharge or discriminatory actions to an
				employee because the employee has filed a complaint against an employer is
				prohibited. An example of a complaint would be where an employee filed a wage
				claim with the commissioner. However, this would not be the only type of action
				protected. The range of complaints related to the Act is commensurate with the
				Act's broad remedial purposes.
(2)
				The statutory principles of the Act would be seriously undermined if employees
				were discouraged from lodging complaints about wages with their employers. A
				complaint to the employer made in good faith would be related to the Act, and
				an employee would be protected against discharge or discrimination caused by
				the complaint to the employer
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 36 - Discrimination Against Employees › Rule 875-36.7 - Proceedings Under or Related to the Act

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discharge of or discrimination against
				any employee because the employee has brought an action under the Act, or has
				cooperated in bringing any action against an employer, is prohibited. An
				example of cooperating in bringing an action would be a situation in which an
				employee has testified or is about to testify in proceedings under or related
				to Iowa Code chapter 91A. Protection imder the Act would extend to any
				statements given in the course of judicial, quasi-judicial, and administrative
				proceeding, including inspections, investigations, or adjudicative
				functions.
(2) Reserved.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 36 - Discrimination Against Employees › Rule 875-36.8 - Filing of Complaint for Discrimination or Discharge

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any employee who believes that
				discrimination in violation of Iowa Code section 91 A. 10(5) has occurred, may,
				within 30 days after the violation occurs, lodge a complaint with the
				commissioner alleging the violation. No particular form is required. The
				commissioner shall cause an appropriate investigation to be made. If, as a
				result of the investigation, the commissioner determines that section
				91A.10(5)
				 has been violated, civil action may be
				instituted in any appropriate district court to restrain the violations and to
				obtain other appropriate relief, including rehiring or reinstatement of the
				employee to the former position with back pay.
(2) Complaints not filed within 30 days of an
				alleged violation will ordinarily be presumed to be untimely. However, there
				may be circumstances which would justify tolling of the 30-day period on
				recognized equitable principles or because of strongly extenuating
				circumstances, e.g., where the employer has concealed or misled the employee
				regarding the grounds for discharge or other adverse action, where the employee
				has within the 30-day period resorted in good faith to grievance, where the
				employee has filed a complaint regarding the same general subject with another
				agency, or where the employer's actions are of the nature of a continuing
				violation. In the absence of circumstances justifying a tolling of the 30-day
				period, untimely complaints will not be processed.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 36 - Discrimination Against Employees › Rule 875-36.9 - Withdrawal of Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Enforcement is not only a matter of protecting rights of
				  employees, but also of public interest. Attempts by an employee to withdraw a
				  previously filed complaint will not necessarily result in termination of the
				  commissioner's investigation. The commissioner's jurisdiction cannot be
				  foreclosed as a matter of law by unilateral action of the employee. However, a
				  volimtary and uncoerced request from a complainant to withdraw the complaint
				  will be given careful consideration and substantial weight as a matter of
				  policy and sound enforcement procedure.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 36 - Discrimination Against Employees › Rule 875-36.10 - Arbitration or Other Agency Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An employee who files a complaint imder
				Iowa Code section
				91A.10(5)
				 may also pursue remedies under grievance
				arbitration proceedings in collective bargaining agreements. In addition, the
				complainant may concurrently resort to other agencies for relief, such as the
				National Labor Relations Board. The commissioner's jurisdiction is independent
				of the jurisdiction of the other agencies or bodies. The commissioner may file
				an action in district court regardless of the pendency of other proceedings.
				However, the commissioner recognizes the policy favoring voluntary resolution
				of disputes under proceedings in collective bargaining agreements. Due
				deference is given to the jurisdictions of other forums established to resolve
				disputes which may also be related to the commissioner's jurisdiction. Where a
				complainant is pursuing other remedies, postponement of the commissioner's
				determination and deferral to the results of the other proceedings may be
				appropriate.
(2) Postponement of
				determination would be justified where the rights asserted in other proceedings
				are substantially the same as rights under Iowa Code section 91 A. 10(5) and
				those proceedings are not likely to violate the rights guaranteed by section
				91A.10(5).
				The factual issues in such proceedings must be substantially the same as those
				raised in the complaint to the commissioner, and the forum hearing the matter
				must have the power to determine the ultimate issues of discrimination. If the
				other actions initiated by a complainant are dismissed without adjudicatory
				hearing, such dismissal will not ordinarily be regarded as determinative of the
				complaint.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 36 - Discrimination Against Employees › Rule 875-36.11 - Decision of the Commissioner

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon
				receipt of all requested information, the commissioner may determine the
				employee's complaint alleging discharge or discrimination is enforceable, and
				the commissioner shall notify the employee of that determination.
(2) Upon a determination that the employee's
				complaint alleging discharge or discrimination is enforceable, the commissioner
				shall notify the employer of that determination in writing and afford the
				employer an opportunity to tender settlement within 14 days of the writing
				prior to initiating judicial proceedings.
(3) Upon a determination that the employee's
				complaint alleging discharge or discrimination is unenforceable, the
				commissioner shall notify the employee of that decision in writing. The
				employee shall have 14 days from the date of the written notification to appeal
				the decision to the commissioner If the appeal is not made in writing within
				the 14-day period, then the employee loses the right to appeal the
				unenforceable decision.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 38 - Employment Agency Licensing › Rule 875-38.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Agency "
means employment agency.
"Commissioner "
means the labor commissioner
				  of the division of labor services of the department of workforce development or
				  the commissioner's designee.
"Employee"
means a person who seeks
				  employment or who obtains employment through an employment agency.
"Employment agency"
means a person who
				  brings together those desiring to employ and those desiring employment and who
				  receives a fee, privilege, or other consideration directly or indirectly from
				  an employee for the service. "Employment agency" does not include a person who
				  furnishes or procures theatrical, stage, or platform attractions or amusement
				  enterprises.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 38 - Employment Agency Licensing › Rule 875-38.2 - Application and License

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
An application for a license must be made in
				writing to the commissioner on the form provided by the commissioner The
				applicant shall also complete and submit the employee-paid fee schedule form
				provided by the commissioner; $75 nonrefundable fee; and all contract forms to
				be signed by an employee. The application shall also be accompanied by a surety
				company bond in the sum of $30,000, to be approved by the commissioner and
				conditioned to pay any damages that may accrue to any person due to a wrongful
				act or violation of law on the part of the applicant in the conduct of
				business.
(2)
Name.
No agency shall use any name, symbol or abbreviation
				deceptively similar to or reasonably likely to be confused with the name used
				by an existing agency, any governmental unit, or nonprofit
				organization.
(3)
Change in
				officers.
A change in the name of any person required to be reported
				on the application under Iowa Code chapter 94A shall be forwarded to the
				commissioner within ten days of the change.
(4)
Change in address.
The
				agency shall notify the commissioner of any change of address prior to the
				change.
(5)
Multiple
				locations.
A separate license shall be required for each separate
				office location operated by an agency.
(6)
Nontransferable.
A
				license is nontransferable.
(7)
Nonissuance of license.
Rescinded lAB 2/9/00, effective 2/9/00.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 38 - Employment Agency Licensing › Rule 875-38.3 - Non-employment Agency Activity

Current through Register Vol. 47, No. 3, July 24, 2024
The following activities do not require an employment agency
				  license:
1. Appraisal of an employee's
				qualifications.
2. Development of
				career goals and marketing plans.
3. Preparation and printing of
				resumes.
4. Instruction on
				interview techniques and networking.
5. Counseling on negotiating pay and fringe
				benefits.
6. Assistance in
				obtaining employment when provided by schools, colleges, trade unions, and
				similar organizations for their students or members if any fees paid are for
				tuition, training, or dues and would be charged even if the student or member
				did not attempt to utilize the organization's employment search
				services.
7. Furnishing or
				procuring theatrical, stage, or platform attractions or amusement
				enterprises.
8. Any activity by a
				governmental unit.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 38 - Employment Agency Licensing › Rule 875-38.4 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Written complaints by an aggrieved party will be
				  investigated. The commissioner will notify the aggrieved party in writing of
				  the outcome of the investigation. The commissioner may take any appropriate
				  action including denial, revocation, reprimand, and
				  suspension.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 38 - Employment Agency Licensing › Rule 875-38.5 - Denials, Revocations, Reprimands and Suspensions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commissioner may deny, revoke, or
				suspend a license or issue a reprimand when the commissioner finds that any of
				the following conditions exist:
a. The license
				applicant has violated any of the provisions of Iowa Code Supplement chapter
				94A or the rules of this chapter; or
b. The child support recovery unit of the
				department of human services has issued a certificate of noncompliance to an
				employment agency; or
c. The
				license application or its required attachments are inaccurate, incomplete or
				otherwise insufficient.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 38 - Employment Agency Licensing › Rule 875-38.6 - Permissible Fees Charged by Agency

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The total amount charged to any employee
				in any form by an agency shall not exceed 15 percent of the employee's gross
				earnings from that employer for which the agency procured the job in any pay
				period for a period of time not to exceed the first 12 months from the date of
				employment.
(2) Fees due the agency
				are payable as earned, however, the employee may knowingly agree to pay the fee
				in advance, with the full understanding that the employee is not required to do
				so, and the agency guarantees to refund any amounts in excess of 15 percent of
				actual gross earnings, when ascertained.
(3) No agency or any person connected
				therewith shall require any employee to execute any negotiable instrument,
				assignment of earnings, or note except for that amoimt of fee which is past due
				to the agency.
(4) Each agency
				shall keep conspicuously posted at its place of business a copy of the agency's
				schedule of fees on file with the commissioner The schedules shall be printed
				in not less than 8-point type.
(5)
				Employees who have paid the fee in advance must be notified at their last-known
				address by the agency at the time they make the final payment on the fee that
				they may have a refund due if they have paid more than 15 percent of the gross
				earnings of their first year of employment.
(6) Rescinded lAB 2/9/00, effective
				2/9/00.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 38 - Employment Agency Licensing › Rule 875-38.8 - Contracts and Fee Schedules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Schedules furnished.
Any schedule of fees to be charged by an
				agency to employees shall be furnished to all employees at the time of making
				an application with the agency.
(2)
Required content of all contracts.
a. Contracts and fee schedules shall not
				contain smaller than 8-point type.
b. Contracts and fee schedules shall contain
				no ambiguous, false or misleading information.
c. All contracts and fee schedules must
				clearly state that the agency is licensed by the labor commissioner and that
				inquiries may be made via mail to the Division of Labor Services, 150 Des
				Moines Street, Des Moines, Iowa 50309, or by telephone to
				(515)242-5870.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 61 - Administration of Iowa Code Chapter 88a › Rule 875-61.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
875-Chapters 61 through 63 do not apply to the
				  following:
(1) A water park or water
				park attraction including, but not limited to, a water slide, wave action pool,
				and lazy river. This subrule does not apply to an amusement ride that propels
				patrons using a power source other than gravity even though water is
				present.
(2) A live-animal
				ride.
(3) A vessel inspected
				pursuant to Iowa Code chapter 462A.
(4) An amusement structure in which the
				patrons navigate on their own power and the patrons do not ride, climb, or walk
				on a mechanical component.
(5) A
				device that meets all of the following criteria:
a. Was designed and built to be operated by a
				coin, card, or token;
b. Was
				designed and built to be operated by the patron rather than an
				attendant;
c. Operates on
				self-contained wiring that was installed by the manufacturer;
d. Operates on less than 120 volts of
				electrical power; and
e. Is within
				or is part of a structure subject to a state or local building code.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 61 - Administration of Iowa Code Chapter 88a › Rule 875-61.3 - Owner and Operator Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
No person shall operate covered equipment at a carnival or
				  fair unless the person holds a current operating permit and the covered
				  equipment has passed an Iowa inspection.
(1)
Operating permit.
No
				later than May 1 and at least 30 days before operation begins each calendar
				year, the operator of covered equipment shall apply to the commissioner for an
				operating permit. Applications may be submitted in November for continuous
				operations. Application shall be made on a form provided by the commissioner
				Each of the following shall be submitted with the completed operating permit
				application:
a. The applicable fee;
b. A certificate of insurance issued by an
				insurance company authorized to do business in Iowa. The certificate of
				insurance shall:
(1) Certify a policy in the
				minimum amount of $1 million for bodily injury, death, or property damage in
				any one occurrence;
(2) List the
				specific pieces of equipment that are covered and, if applicable, those that
				are not covered; and
(3) Include
				"Division of Labor Services-Amusements" as a certificate
				holder;
c. The operator's
				itinerary identifying the covered equipment to be operated and the dates and
				locations where each will be operated;
d. General design criteria, safety factors,
				materials utilized, and stress analysis unless the amusement ride or amusement
				device was granted an Iowa amusement inspection sticker during the previous
				calendar year;
e. Certification of
				compliance with applicable training and maintenance requirements;
f. With an application submitted after May I,
				proof that the applicant could not have reasonably complied with the May I
				deadline and proof that the application was filed immediately after need for
				the permit was known;
g. Separately
				for each bungee jump:
(1) A site operating
				manual;
(2) A report which is
				prepared and sealed by a professional engineer who is licensed in Iowa and
				which certifies that the design and construction of the equipment and structure
				are suitable for the intended use and conform to Iowa law, recognized
				engineering practices, procedures, standards and specifications;
(3) Site plan drawings depicting the
				preparation area, the jump space, the landing area, the recovery area and other
				features to be included in the approved operating site;
(4) Specifications of equipment and
				structures; and
(5) Depictions of
				the location, specifications, dimensions, and type of air bag, pool or body of
				water where the jumper will land.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 61 - Administration of Iowa Code Chapter 88a › Rule 875-61.4 - Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code chapter 88A, covered equipment must
				  pass an inspection at least annually. Inspections will be performed according
				  to the rules set forth and standards adopted in 875-Chapters 61 to 63.
(1)
Inspection types.
In
				addition to the inspections listed below, an inspection may be conducted by the
				commissioner at any time. The fee schedule for annual inspections set forth in
				Iowa Code section
				88A.4
				shall apply to all inspections performed by division of labor services
				inspectors. No person shall operate covered equipment at a fair or carnival
				unless the covered equipment has passed an inspection in the current calendar
				year.
a.
Annual inspection by
				owner.
At the discretion of the commissioner, the owner of an
				air-supported structure may be designated by the commissioner to perform the
				annual inspection of the owner's air-supported structure, blower, and related
				electrical equipment. An owner designated pursuant to this paragraph shall
				perform the inspection according to applicable standards. The owner shall
				submit in the format required by the commissioner an affidavit attesting to the
				performance of the inspection, correction of code violations, and other
				required information. A designation pursuant to this paragraph shall terminate
				on December 31 of the year of issuance.
b.
Annual inspection by a division of
				labor services inspector.
Unless an inspection is waived pursuant to
				Iowa Code section 88A. 13, or the inspection is performed by the owner pursuant
				to paragraph 61.4(1)
"a,"
a division of labor services
				inspector shall inspect covered equipment prior to operation.
c.
Major modification
				inspection.
After covered equipment has undergone a major
				modification, the covered equipment must pass an inspection by a division of
				labor inspector before it is put back into use.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 61 - Administration of Iowa Code Chapter 88a › Rule 875-61.5 - Amusement Inspection Sticker

Current through Register Vol. 47, No. 3, July 24, 2024
Covered equipment shall not be operated without a current
				  sticker.
(1) After covered equipment
				has passed an annual inspection by the division of labor services inspector,
				the division of labor services inspector shall affix an amusement inspection
				sticker to a basic part of the covered equipment in such a manner as to be
				readily accessible by the inspector.
(2) After the commissioner receives
				satisfactory proof of inspection from an owner designated by the labor
				commissioner pursuant to paragraph 61.4(1)
"a,"
the
				commissioner shall mail the sticker to the owner. The owner shall properly
				affix the sticker to a basic part of the air-supported structure or blower
				before operation.
(3) After covered
				equipment passes a major-modification inspection, a new amusement inspection
				sticker will be issued.
(4) Before
				covered equipment is sold, the seller shall remove the amusement inspection
				sticker. If a current amusement inspection sticker is no longer legible, the
				operator may request a replacement sticker.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 61 - Administration of Iowa Code Chapter 88a › Rule 875-61.6 - Termination, Denial, Suspension, or Revocation of an Operating Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All active
				operating permits shall terminate automatically on December 31 of the year of
				issuance.
(2) The commissioner may
				suspend or revoke an operating permit for any of the following reasons:
a. Negligence in the operation of covered
				equipment;
b. Repeated failure to
				perform or document proper daily inspections;
c. Misrepresentation of material information
				required as a part of the operating permit application package;
d. Failure to comply with a safety order or
				cessation order issued by the commissioner;
e. Operation of covered equipment in
				disregard of public health, safety and welfare;
f. Termination of the required insurance
				coverage;
g. Failure to pay a
				liquidated debt owed to the commissioner;
h. Receipt by the commissioner of a
				certificate of noncompliance;
i.
				Failure of an operator to comply with the proper procedures;
j. Failure of an operator to provide an
				adequate number of properly trained and qualified attendants; or
k. Submission of a false affidavit of annual
				inspection by the owner of an air-supported structure.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 61 - Administration of Iowa Code Chapter 88a › Rule 875-61.7 - Procedures for Revocation, Suspension, or Denial of an Operating Permit or Amusement Inspection Sticker

Current through Register Vol. 47, No. 3, July 24, 2024
The procedures set forth in this rule govern the revocation,
				  suspension or denial of an operating permit or amusement inspection
				  sticker.
(1) If the commissioner
				initiates revocation, suspension or denial due to the receipt of a certificate
				of noncompliance, the applicable procedures of Iowa Code chapter 252J or 272D
				shall apply.
(2) In the event that
				immediate action is required due to imminent danger to the public health,
				safety or welfare, the following procedures shall apply:
a. The commissioner shall prepare a safety
				order describing the hazardous condition and shall give the operator, or the
				operator's representative on site, a copy of the safety order.
b. The commissioner shall remove the
				amusement inspection sticker or stickers from covered equipment as necessary to
				protect the public health, safety or welfare.
c. The commissioner shall proceed as quickly
				as feasible to give the operator an opportunity for a hearing as set forth in
				subrule 61.7(3).
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 61 - Administration of Iowa Code Chapter 88a › Rule 875-61.8 - Payments

Current through Register Vol. 47, No. 3, July 24, 2024
All fees are nonrefundable. Cash is not accepted. Based on
				  reasonable justification, the commissioner may notify an individual operator
				  that the operator's check will not be accepted.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
Rule
				  875-62.2 (88A)
				  applies to all covered equipment. The remaining rules of this chapter apply to
				  all covered equipment, except a bungee jump covered by 875-Chapter
				  63.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.2 - Other Codes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Carnivals,
				fairs, operators, and covered equipment may be regulated by city or county
				ordinances. Iowa Code chapter 92 and 875-Chapter 32 concerning child labor
				apply when an operator has employees who are under the age of 18. Iowa Code
				chapters 91A and 91D and 875-Chapters 35 and 215 to 218 govern payment of wages
				to an operator's employees. Nothing in 875-Chapters 61 through 63 shall be
				viewed as providing an exemption, waiver, or variance from any otherwise
				applicable regulation or statute.
(2) State fire marshal rules set forth at
				661-Chapter 201, General Fire Safety Requirements, are adopted by
				reference.
(3) The following
				occupational safety and health standards are adopted by reference:
a.29 CFR 1910, Subpart D, Walking-working
				surfaces;
b.29 CFR 1910, Subpart H,
				Hazardous material;
c.29 CFR 1910,
				Subpart I, Personal protective equipment;
d.
										29 CFR
				1910.147, Control of hazardous energy
				(lockout/tagout);
e.
										29 CFR
				1910.151, Medical services and first
				aid;
f.29 CFR 1910, Subpart N,
				Materials handling and storage;
g.29 CFR 1910, Subpart O, Machinery and
				machine guarding;
h.29 CFR 1910,
				Subpart Q, Welding, cutting and brazing; and
i.29 CFR 1910, Subpart S,
				Electrical.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.3 - Site Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Design.
The grounds of a fair or carnival shall be designed
				according to the following criteria:
a.
				Clearance around covered equipment shall meet or exceed the manufacturer's
				recommendations.
b. Clearance
				around covered equipment shall be at least 6 feet unless a fence that is
				designed by the manufacturer as an integral part of the equipment is properly
				installed.
c. Clearance between
				covered equipment and a facility for cooking shall be at least 10
				feet.
d. Walkways shall be wide,
				unobstructed, and open at each end.
e. Walkways through concession booth
				backyards and over water lines and electrical lines shall be avoided.
f. Intermingling of water lines and
				electrical lines shall be avoided.
g. Guy wires, braces and ropes used for
				support:
(1) Shall not be placed in walkways
				or in the entrances or exits for covered equipment; and
(2) Shall be clearly marked with streamers or
				other devices when located adjacent to walkways.
h. Stakes shall be covered.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.4 - Design and Manufacture of Covered Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
This rule sets forth requirements for the design and
				  manufacture of all covered equipment, except a bungee jump covered by
				  875-Chapter 63.
(1)
Codes
				adopted by reference.
ASTM F2374-10 shall apply to all air-supported
				structures notwithstanding the definition and use of the phrase "inflatable
				amusement device" in ASTM F2374-10.
a.
All covered equipment.
Effective July 1, 2016, all covered
				equipment shall comply with National Electric Code, NFPA 70-2014.
b.
Tramways.
All tramways
				subject to the rules of this chapter and in use prior to July 1, 2016, shall be
				designed and tested in accordance with the ANSI B77.1 standard in effect at the
				time of installation.
c.
New covered equipment.
Effective July 1, 2016, new covered
				equipment and covered equipment undergoing a major modification shall be
				designed and tested in accordance with ANSI B77.1-2011 and ANSI B77.1A-2012 and
				ASTM F1159-15a, F1193-14, F1957-99(2011), F2007-12, F2137-15, F2291-15,
				F2374-10, F2375-09, F2376-13, F2460-11, F2959-14, and F2960-15, as
				applicable.
d.
Existing
				covered equipment.
Covered equipment manufactured before July 1, 2016,
				must comply with the applicable design criteria of subrule 62.4(2) through July
				1, 2021. After July 1, 2021, covered equipment, except tramways, shall meet the
				criteria for service-proven equipment set forth in ASTM F2291-15.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.5 - Maintenance of Covered Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
An operator shall conduct periodic inspections, repairs,
				  tests, and maintenance as set forth in this rule, the manufacturer's
				  recommendations, ANSI B77.1-2011 and ANSI B77.1A-2012 and ASTM F770-15,
				  F1159-15a, F1193-14, F2007-12, F2137-15, F2374-10, F2375-09, F2376-13,
				  F2460-11, F2959-14, and F2960-15, as applicable. ASTM F2374-10 shall apply to
				  all air-supported structures notwithstanding the definition and use of the
				  phrase "inflatable amusement device" in ASTM F2374-10. An operator shall make a
				  written record of all inspections, maintenance, tests, and repairs of covered
				  equipment, and the records shall be available to the commissioner.
(1)
Pressure equipment.
The
				operator shall inspect and maintain all air and gas compressors, tanks, piping
				and equipment pursuant to the manufacturer's recommendations.
(2)
Wire rope rollers, drums and
				sheaves.
The operator shall periodically inspect and maintain for
				cleanliness and safety the mechanical devices, such as rollers, drums and
				sheaves, that brake, control, or come into contact with wire rope. The operator
				shall immediately replace mechanical devices that have broken or damaged parts,
				missing pieces, undue roughness or uneven wear.
(3)
Mechanical members.
The
				operator shall periodically inspect pinions, frames, sweeps, eccentrics and
				other mechanical members for wear, cracks and other signs of deterioration. The
				operator shall make necessary repairs.
(4)
Bearings.
The operator
				shall periodically inspect, lubricate, clean and repair bearing surfaces, ball
				joints and other single or multiple direction mechanical surfaces.
(5)
Gears.
The operator
				shall keep gears properly aligned and in good repair.
(6)
Nondestructive testing.
The operator shall ensure that appropriate nondestructive testing (NDT) is
				conducted and that documentation is available for review. NDT shall be
				performed at the following times:
a. At
				intervals recommended by the manufacturer;
b. When required by the commissioner due to a
				welded repair;
c. When required by
				the commissioner due to a visual indication of a potentially hazardous
				condition; and
d. When recommended
				by a bulletin prepared according to ASTM Fl 193-14.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.6 - Operations

Current through Register Vol. 47, No. 3, July 24, 2024
Operations shall conform to ANSI B77.1 and ANSI B77.1A-2012
				  and ASTM F770-15, F1957-99(2011), F2007-12, F2137-15, F2374-10, F2375-09,
				  F2376-13, F2460-11, and F2959-14, as applicable. ASTM F2374-10 shall apply to
				  all air -supported structures notwithstanding the definition and use of the
				  phrase "inflatable amusement device" in ASTM F2374-10. The commissioner will
				  enforce the minimum age requirements set forth below rather than any minimum
				  age requirement set forth in a code adopted by reference in this rule.
(1)
Attendants
. The operator
				shall provide a sufficient number of competent, trained workers, who shall be
				recognizable by their uniforms. Covered equipment shall have continuous, direct
				supervision while in use by a patron.
a. Each
				attendant of a concession booth, except a shooting gallery or dart game, shall
				be at least 14 years of age. All other attendants shall be at least 16 years of
				age.
b. Each attendant shall be
				trained according to ANSI B77.1 and ANSI B77.1A-2012 and ASTM F770-15,
				F2007-12, F2460-11, and F2959-14, as applicable. In addition, training must
				cover procedures for normal operations and special operations specific to each
				ride the attendant will control, specific duties for each assigned position for
				each ride the attendant will control, and the operator ' s general procedures
				for normal operations and special operations. Training documentation shall be
				available to the commissioner.
c.
				An attendant shall have control of the covered equipment when it is in
				operation. When the covered equipment is shut down, provision shall be made to
				prevent unauthorized operation.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.7 - Patrons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
				to patrons.
The operator shall post signs as set forth in Iowa Code
				section
				88A.16.
(2)
Patron injury report.
Where covered equipment is operated, the operator shall make available an
				injury report form for use by patrons. The form shall comply with Iowa Code
				section
				88A.15.
(3)
Emergency procedure.
When lightning, high wind, tornado warning, severe storm warning, fire,
				violence, riot or civil disturbance creates a direct threat to patrons, the
				operators and attendants shall cease operation of covered equipment and
				evacuate all patrons. Operation shall not resume until conditions have returned
				to a normal, safe operating environment.
(4)
Medical and first aid.
The operator shall make available to patrons the same medical and first-aid
				provisions that are available to employees pursuant to
				29 CFR
				1910.151.
(5)
Evacuation plan.
The
				operator shall plan for prompt retrieval of patrons from covered equipment that
				will not operate.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.8 - Hazardous Materials

Current through Register Vol. 47, No. 3, July 24, 2024
The owner shall store and handle liquid petroleum gases and
				  flammable liquids utilized either as fuel for internal combustion engines, for
				  heat or for illumination in accordance with 29 CFR, Chapter XVII, Part 1910
				  subpart H-Hazardous Materials (Paragraphs 1910.106-Flammable and Combustible
				  Liquids and I9I0.II0-Storage and Handling of Liquified Petroleum Gases as
				  published at 39 Federal Register 23608 (June 27, 1974). Bulk storage
				  (quantities above 50 gallons) shall not be permitted in any area accessible to
				  the public.