The purpose of these rules is: (1) to add several amusement rides in the super amusement ride classification; (2) to update materials incorporated by reference; (3) to provide a definition for “transport” as it is used in s. 616.242(14), Florida ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-18.001Definitions

5J-18.0011Standards Adopted

5J-18.0142Reporting of Accidents and Mechanical, Structural or Electrical Defects

5J-18.050Games

PURPOSE AND EFFECT: The purpose of these rules is: (1) to add several amusement rides in the super amusement ride classification; (2) to update materials incorporated by reference; (3) to provide a definition for “transport” as it is used in s. 616.242(14), Florida Statutes; and (4) to add games approved to operate within the state.

SUMMARY: The proposed rules will define several amusement rides in the super amusement ride classification; update materials incorporated by reference; provide a definition of “transport”; and update the list of authorized games.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the department relied upon the Fair Rides database to determine the rides currently operating in the state under these classifications and those that may enter and operate in the upcoming year. Additionally, no interested party submitted additional information regarding the economic impact and the Florida Amusement Device and Attraction Advisory Committee has approved the classification changes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 616.165, 616.241(10), 616.242(4) FS.

LAW IMPLEMENTED: 616.001, 616.241(10), 616.242 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Faulk, 2005 Apalachee Parkway, Tallahassee, Florida 32399; [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-18.001 Definitions.

The definitions in Sections 616.001 and 616.242(3), F.S., and the following definitions shall apply:

(1) through (3) No change.

(4) Super Amusement Ride – Means an amusement ride which, because of its design, size, passenger capacity, restraint system or operating characteristics, requires an extensive or extraordinary amount of inspection time to assure compliance with requirements of law and rule, when compared with kiddie or non-kiddie amusement rides. The following amusement rides, and all like rides are classified as super amusement rides.

Amusement Ride Manufacturer	Amusement Ride Name
Allen Hershell	Flying Bobs
Arrow Dynamics	Flume Ride
Bertazzon	Super Himalaya
Blackmon Engineering	Vertical Accelerator
Bruno Rixen	Cable Water Ski, Knee Ski
Bungee Adventure	Ejection Seat, Ripline
Chance Rides	Century Wheel, Giant Wheel, Chaos, Falling
	Star, Gentle Giant, Gondola Wheel,
	Inverter, Slingshot, Sky Wheel, Flying
	Bobs, Alpine Bobs, Thunderbolt, Rock-n-Roll,
	Music Fest, Himalaya
Cosmont	Jaguar Express
Euro Rides	Double Shock, Shock Wave
FarFabri/Fabbri	Backlash, Banzi, Bonzai, Crazy Dance,
	Evolution, Flipper, Footloose, Force 10,
	Megadrops, Space Loop
Funtime	Ejection Seat
Funtime Handles	Slingshot
Future Amusements	Wild Thang
Gravity Works	Blender, Ejection Seat, Skyscraper
Harper & Parsons	Vertical Accelerator
Heinrich Mack	Runaway Trains, See Sturm Bahn, Raupen
	Bahn, Polar Express, Cortina Bob
Inta Fair Holland	Giant Wheel
Huss Heiner	1001 Nachts, Enterprise, Pirate, Pirate
	Ship, Rainbow, Top Spin, Tornado
Intamin Inc.	Island In the Sky, Parachute Ride
K.T. Emmitt	Devastator
K.T. Enterprises	Twister
K.M.G.	Fireball, Wild Claw
Larson/Hi Roller Mfg/LMC	Ring of Fire, Superloop, Fireball
Leap of Faith	Wild Claw
Majestic Rides Mfg.	Music Express
MCL Park	Giant Wheel, Gondola Wheel
Modail	Space Roller
Mulligan Enterprises	Giant Wheel, Gondola Wheel
O.D. Hopkins	Sky Lift, Sky Ride, Sky Glider
Oceaneering International	Shuttle Launch Experience
Philadelphia Toboggan	Roller Coaster
Pinfari	Looping Roller Coaster, Zyclon
Pro Drag LLC	Nitro Alley Dragster
Reverchon	Explorer, Log Flume, White Water, Niagra
	Flume, Roc-N-Rapids, White Water Flume,
	Wild River, Himalaya, Bee Bop Express, Polar Express
Rides R Us	Human Slingshot
S & S Power	Double Shot Towers, Snow Shot, Space Shot
Schiff	Roller Coaster
Schwarzkofp	Dopple Loop, Log Flume, Wildcat Coaster, Swiss Bobs
S.P.C.	Moonraker, Mark I, Gondola Wheel, Pirate Ship, Hang 10
Sky Fun I	Sky Coaster
Sky Venture	Sky Venture
Soriani Moser	Crazy Flip, Dream Machine, Drop of Fear, Extacy, Flip N Out,
	G Force, Star Force, Wild River Raft, Wind Shear
Coaster Works	Dania Beach Hurricane
The Joseph Co.	Vertical Accelerator
Top Fun	Terminator
Tivoli	Force 10, Spinout, Orbitor, Predator, Scorpion, Typhoon
Tower Specialties	Ricky’s Rocket, Vertical Accelerator
Universal	Sky Ride
Wisdom/WMI Industries	Gravitron/Starship type amusement rides; Stampede
Zierer	Flitzer, Racing Flitzer, Wave Swinger
Zamperla	Energy Storm, Mixer, Power Surge,
	Turbo Force, Windstorm Roller Coaster,
	Wave Swinger
Multiple Manufacturers	Waterslides (same platform, multiple slides)
Multiple Manufacturers	Zipline/Ropes Course Structures

Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.001, 616.242 FS. History–New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 1-22-02, Formerly 5F-8.001, Amended         .

 

5J-18.0011 Standards Adopted.

The following standards, materials and practices are hereby adopted and incorporated by reference. Copies of these publications may be obtained from the associations referenced below and are available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500.  Posting of the following materials on the internet for purposes of public examination would violate federal copyright law.

(1) ASTM International Committee F-24 on Amusement Rides and Devices Designation.

(a) No change.

(b) F770-14 F 770-06a “Standard Practice for Ownership, and Operation, Maintenance, and Inspection of Amusement Rides and Devices.”

(c) F 846-92 (reapproved 2003) “Standard Guide for Testing Performance of Amusement Rides and Devices.”

(d) F 853-05 “Standard Practice for Maintenance Procedures for Amusement Rides and Devices.”

(e) F 893-05a “Standard Guide for Inspection of Amusement Rides and Devices.”

(c) (f) F1159-11 F 1159-03a  “Standard Practice for Design and Manufacture of Patron Directed, Artificial

Climbing Walls, Dry Slide, Coin Operated and Purposeful Water Immersion Amusement Rides and Devices and Air-Supported Structures.”

(d) (g) F1193-06 “Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices.”

(h) F 1305-94 (2002) “Standard Guide for Classification of Amusement Ride and Device Related Injuries and Illnesses.”

(e) (i) F1957-99 (2011) (2004) “Standard Test Method for Composite Foam Hardness-Durometer Hardness.”

(f) (j) F2007-12 F 2007-07a  “Standard Practice for Design, Manufacture, and Operation of Concession Go-Karts and Facilities.”

(g) (k) F2137-13 F 2137-04 (2009) “Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices.”

(h) (l) F2291-14 F 2291-09a “Standard Practice for Design of Amusement Rides and Devices.”

(i) (m) F2374-10 F 2374-07a “Standard Practice for Design, Manufacture, Operation, and Maintenance of

Inflatable Amusement Devices.”

(j) (n) F2375-09 (2009) “Standard Practice for Design, Manufacture, Installation and Testing of Climbing Nets

and Netting/Mesh Used in Amusement Rides, Devices, Play Areas, and Attractions.”

(k) (o) F2376-13 F 2376-08 “Standard Practice for Classification, Design, Manufacture, Construction, and

Operation of Water Slide Systems.”

(l) (p) F2460-11 F 2460-07 “Standard Practice for Special Requirements for Bumper Boats.”

(m) (q) F2461-09 (2009) “Standard Practice for Manufacture, Construction, Operation, and Maintenance of

Aquatic Play Equipment.”

(n) F2959-14 “Standard Practice for Special Requirements for Aerial Adventure Courses.”

(o) F2974-13 “Standard Guide for Auditing Amusement Rides and Devices.”

The above referenced F-24 Committee standards are compiled by ASTM International in the 2014 2009 Annual Book of ASTM Standards, Volume 15.07. A copy of this publication or the individual standards can be obtained by contacting ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, Pennsylvania 19428-2959; Phone [phone]; www.astm.org.

(2) National Electrical Code (NEC) Handbook, Article 525, “Carnivals, Circuses, Fairs, and Similar Events,” 2014 2008 Edition. A copy of this publication can be obtained by contacting the National Fire Protection Association at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Phone [phone]; www.nfpa.org.

(3) National Fire Protection Association (NFPA), Document 101, “Life Safety Code”, 2012 2009 Edition, Paragraphs Chapters 3.3.36.10 3.3.32.10, 12.4.7, and 13.4.7, each entitled “Special Amusement Buildings” and the corresponding provisions of Annex A. The chapters listed in this section succeeded Chapters 8-4.6 and 9-4.6 of the “Life Safety Code.” A copy of this publication can be obtained by contacting the National Fire Protection Association at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Phone [phone]; www.nfpa.org.

(4) ASTM International Designation E543-13 E 543-08a, “Standard Specification for Agencies Performing Nondestructive Testing.” A copy of this publication can be obtained by contacting ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, Pennsylvania 19428-2959; Phone [phone]; www.astm.org.

(5) American Society for Nondestructive Testing (ASNT), Recommended Practice No. SNT-TC-1A, “Personnel Qualification and Certification in Nondestructive Testing,” 2011 2006 Edition. A copy of this publication can be obtained by contacting the American Society For Nondestructive Testing, 1711 Arlingate Lane, Post Office Box 28518, Columbus, Ohio 43228-0518; phone [phone]; www.asnt.org.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4) FS. History–New 2-14-99, Amended 10-2-07, 5-30-10, Formerly 5F-8.0011, Amended          .

 

5J-18.0142 Reporting of Accidents and Mechanical, Structural or Electrical Defects.

(1) No change.

(2) Relevant to the application and enforcement of Section 616.242(14), F.S., “transport” shall be defined

as the conveyance of a patron from one place to another.  “Transport” is not limited by reference to a specific means of transportation.

(3)(2) Mechanical, Structural or Electrical defects shall be reported to the department, in writing, in

accordance with Section 616.242(14), F.S., on department form FDACS 03430, Mechanical, Structural or Electrical Defect Report, Rev. 01/09, incorporated by reference in 5J-18.0012, F.A.C.

Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.242(14) FS. History–New 2-14-99, Amended 5-30-05, Formerly 5F-8.0142, Amended           .

 

5J-18.050 Games.

(1) through (3) No change.

(4) Authorized Games. The following games when operated in accordance with the operating standards and procedures prescribed by this rule may be exhibited at public fairs and expositions:

(a) through (y) No change.

(z) Goblet Pitch game. Goblet glasses shall be aligned in straight rows on a five foot by eight foot table

centered in the concession booth. Goblet glasses shall be painted different colors. A standard sized wiffle ball shall be tossed by the player, and the player shall be awarded a prize if the ball lands in a goblet glass that is any color other than white.

(z) Race group games. The winner of the game shall be determined solely by the skill of the player. The operator may not control or select the position which wins. A player may play in any position the player selects. A prize shall be given at the end of every game.

(aa) through (jj) No change.

(kk) Ping Pong Ball game. Standard ping pong balls and standard sixteen ounce plastic cups shall be used. 

Cups shall be placed in a pyramid shape and shall be securely attached to the table to ensure stability.  From a distance of approximately four feet balls are tossed into the cups.  The width of the opening of the cup shall be such that there will not be less than one inch clearance on one side of the ball. Uniform ping pong balls and cups shall be used. Prizes shall be awarded every time a ball lands in a cup and shall follow the standard trade up format for larger prizes.

(kk) through (mm) renumbered (ll) through (nn) No change. 

(oo) Race group games. The winner of the game shall be determined solely by the skill of the player. The operator may not control or select the position which wins. A player may play in any position the player selects. A prize shall be given at the end of every game.

(nn) through (ggg) renumbered (pp) through (iii) No change.

Rulemaking Authority 616.241(10), 616.242(4) FS. Law Implemented 616.241(10) FS. History–New 5-8-94, Amended 2-14-99, 5-30-10, Formerly 5F-8.050, Amended           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Allan Harrison, Chief of Fair Rides Inspection

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 25, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/24/2016