Section 80IAC4-1-4. Requirements and utilization of inflatable displays and devices

   (a) The purpose of this section is to establish uniform and standard guidelines for the use and display of the various forms of inflatable devices typically used for advertising and similar functions during either indoor or outdoor events on the Indiana state fairgrounds.

  (b) The following definitions apply to this section:

(1) "Ground based device" means any inflatable device that is:

(A) mounted or secured to the ground by means of:

(i) stakes;

(ii) rods; or

(iii) other similar materials; and

(B) not intended to be airborne.

(2) "Inert gas" means any form of gas that is not subject to flammability from:

(A) spark;

(B) flame;

(C) compression; or

(D) expansion;

such as helium gas.

(3) "Inflatable" means any device that:

(A) requires the use of air or gas that will cause the device to expand into a recognizable form or shape; and

(B) is intended to attract attendance to displays or conveys an advertising message.

(4) "Nontethered device" means any inflatable device that:

(A) is intended for airborne use;

(B) is not controlled or attached by any means to ground structures; and

(C) has no restriction of movement or flight.

(5) "Piloted" means any airborne inflatable device that requires a provision that will provide control of the device in respect to its:

(A) height;

(B) speed; and

(C) direction.

(6) "Tethered device" means any inflatable device that is intended for airborne use but is secured by means of:

(A) rope;

(B) chain;

(C) polyester line; or

(D) other similar means;

to a fixed structure firmly attached to the ground to restrict movement or flight.

  (c) This section does not apply to any of the following:

(1) Small balloons that are:

(A) intended to be either sold or distributed to the general public; and

(B) not capable of holding greater than one (1) cubic foot of air or inert gas when fully inflated.

(2) Hot air balloons that are piloted either tethered or nontethered and intended for sport or recreational purposes or are a part of a competitive event or special event not directly intended to be of an advertising nature.

(3) This section does not apply to any inflatable device that is less than three (3) feet in length when fully inflated.

  (d) The following restrictions apply for the use of inflatable devices:

(1) No inflatable device may be tethered or airborne within fifty (50) yards of the outside perimeter of the racetrack.

(2) No airborne inflatable device may be allowed to be extended when tethered higher than one hundred (100) feet above the ground, nor shall the tethering lines be extended beyond one hundred (100) feet in length.

(3) No airborne inflatable device may be allowed to become airborne regardless of subdivision (2) if the device or its tether may come in contact with any power, telephone, cable, or other overhead wiring or cabling that traverses the area. Airborne inflatable devices may be allowed to be airborne so long as the tethering and the device will not contact any overhead wiring or cabling when tethering is fully extended.

(4) No airborne inflatable device may be allowed within the confines on the racetrack area during periods when harness or horse racing events or training or exercising will be occurring.

(5) No inflatable device tethered, nontethered, or ground based will be inflated with gas that is:

(A) considered volatile or flammable by nature; or

(B) subject to flame or explosive reaction that may be induced by:

(i) static electrical charge;

(ii) friction; or

(iii) open flame.

  (e) Any company, organization, or individual desiring to utilize an inflatable device as a part of their display, whether airborne or directly attached to the ground, must make application to the state fair commission's operations department manager. Any application must include the following information:

(1) The type and size of the inflatable device.

(2) An indication of whether the inflatable device is ground based or tethered.

(3) The overall length (height) of any inflatable device that is intended to be displayed. If an inflatable device is intended to be airborne, the overall length (height), including tethering and the actual device.

(4) A photograph of the inflatable device fully inflated.

(5) An indication of the hours the device will be inflated (from ____ to ____) and of the hours the device will be deflated.

  (f) The information requested in subsection (e) is additional to any other applications for exhibit space or other applications currently in place.

  (g) If the inflatable device is a part of a display for which a sponsorship program or relationship is an integral part thereof, the application may be coordinated through the marketing director before submission to the operations department manager.

  (h) The executive director retains the right to approve or reject any request or application for the use of any inflatable device that does not comply with subsection (d) or (e).

  (i) If the inflatable device is:

(1) a ground based device; and

(2) kept inflated by external or internal blowers;

the user must ensure that adjacent areas will not be disturbed or interfered with at any time.

  (j) The state fair commission, the state fair board, and their associated staff and personnel are not responsible for the condition of any inflatable device that is either inflated or deflated for storage during periods when the device is not in use or unattended.

  (k) Mylar or metallic type balloons are prohibited on the fairgrounds. (State Fair Commission; 80 IAC 4-1-4; filed Aug 9, 1993, 10:00 a.m.: 16 IR 2810; readopted filed Sep 11, 2001, 2:45 p.m.: 25 IR 528; readopted filed Oct 4, 2007, 10:29 a.m.: 20071024-IR-080070451RFA; filed Mar 18, 2008, 2:19 p.m.: 20080416-IR-080070587FRA; readopted filed Sep 18, 2013, 2:12 p.m.: 20131016-IR-080130242RFA)