Bureau of Fair Rides Inspection Forms, Application for Annual Permit, USAID Number, Inspection Standards, Inspections by Owner or Manager, Regulation of High Speed Go-Kart Tracks Open for Rental Concession ....
Notice of Change
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5J-18.0012Bureau of Fair Rides Inspection Forms
5J-18.002Application for Annual Permit, USAID Number
5J-18.0051Inspection Standards
5J-18.009Inspections by Owner or Manager
5J-18.0152Regulation of High Speed Go-Kart Tracks Open for Rental Concession Operation
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46, No. 158, August 13, 2020 issue of the Florida Administrative Register.
5J-18.0012 Bureau of Fair Rides Inspection Forms.
The following forms are hereby incorporated by reference. Copies of these publications may be obtained from the Division of Consumer Services, Bureau of Fair Rides Inspection at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or online as indicated below.
Form Number
Revised
Title
FDACS 03424
07/19
Fair Rides Owner’s Daily Inspection Report (Carnival Type),
FDACS 03425
07/19
Fair Rides Owner’s Daily Inspection Report (Water Park),
FDACS 03426
09/20 07/20
Fair Rides Owner’s Daily Inspection Report (Go-kart Track/Vehicle),
http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03427
07/19
Fair Rides Owner’s Daily Inspection Report (Bungy),
FDACS 03428
07/19
Fair Rides Written Accident Report,
FDACS 03430
07/20
Fair Rides Mechanical, Structural or Electrical Defect/Failure Report,
http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03431
07/19
Fair Rides Employee Training Record,
FDACS 03433
07/20
Fair Rides Affidavit of Compliance and Nondestructive Testing,
http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03434
07/20
Affidavit of Annual Inspection for Exempt Facilities,
http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03438
09/20 07/20
Fair Rides Request for Temporary Amusement Ride Permit Inspection or Re-Inspection,
FDACS 03439
09/20 07/20
Fair Rides Request for Annual Permit Inspection or Re-Inspection,
http://www.flrules.org/Gateway/reference.asp?No=Ref-
Rulemaking Authority 616.165, 616.242(4), (5), (6), (7), (8), (11)(a)1., (12), (15), (16), (17) FS. Law Implemented 616.242(4), (5), (6), (7), (8), (11)(a)1., (12), (15), (16), (17) FS. History–New 2-14-99, Amended 5-30-05, 10-2-07, 5-30-10, Formerly 5F-8.0012, Amended 2-26-14, 7-27-17, 10-14-18, 10-29-19, __________.
5J-18.002 Annual Permit or Temporary Amusement Ride Permit, Request for Re-Inspection, USAID Number.
(1) The owner or manager of an permanent amusement ride shall make application by email or by fax transmission to the department for an annual permit and inspection, or re-inspection for each amusement ride in accordance with Section 616.242(5), F.S., on department form FDACS 03439, Fair Rides Request for Annual Permit Inspection or Re-Inspection, 09/20 07/20 as incorporated by reference in Rule 5J-18.0012, F.A.C.
(2) The owner or manager of a temporary amusement ride shall make application by email or by fax transmission to the department for the temporary amusement ride permit and inspection, or re-inspection for each amusement ride in accordance with Section 616.242(6), F.S., on department form FDACS 03438, Fair Rides Request for Temporary Amusement Ride Permit Inspection or Re-Inspection, 09/20 07/20 as incorporated by reference in Rule 5J-18.0012, F.A.C.
(3) through (10) No change.
(11) Department forms and cancellation requests sent by email or fax transmission and received outside of normal business hours, 8:00 a.m. through 5:00 p.m. EST, or on a day other than a working day, will be considered received by the department on the next working day.
(12) through (15) No change.
(16) Event location changes for permit applications and associated inspection requests must be requested at least three working business days prior to the requested inspection date. If an owner or manager requests an event location change less than three working business days prior to the requested inspection date, a late inspection request fee shall be assessed as provided by Rule 5J-18.012, F.A.C. Event location changes will be granted based on inspection staff availability.
(17) Where a manufacturer has not determined nor specified the capacity of a kiddie ride the department will determine the capacity as follows:
(a) A department Inspector will count the number of carrier units or tubs per ride. The number of carrier units or tubs per ride is based on the manufacturer’s intended configuration of the ride in order to make it fully operational. Upon inspection of a ride if evidence exists that indicates the ride has been altered from the original manufacturer’s configuration by removing carrier units or tubs, then the ride must be inspected by a professional engineer in accordance with Section 616.242(13), F.S. Arbitrary reduction of carrier units by operators is not permitted.
(b) Having determined the number of carrier units or tubs per ride, the department inspector will count the number of passenger positions per carrier unit, or individual tub, i.e., the number of seat belts, pre-formed seating spots or other identifiable seating arrangements. With no identifiable passenger positions, the inspectors will determine the number of positions based on the number of 12-year-old passengers that can be positioned safely in the carrier unit, i.e., each passenger must have a separate position and meet the required height and/or weight requirements for that ride. Sitting on laps to qualify as one position will not be permitted.
Rulemaking Authority 616.165, 616.242(5), (8) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.002, Amended 10-29-19, .
5J-18.0051 Inspection Standards
(1) through (4) No change.
(5) Where a manufacturer has not determined nor specified the capacity of a kiddie ride the department will determine the capacity as follows:
(a) A department Inspector will count the number of carrier units or tubs per ride. The number of carrier units or tubs per ride is based on the manufacturer’s intended configuration of the ride in order to make it fully operational. Upon inspection of a ride if evidence exists that indicates the ride has been altered from the original manufacturer’s configuration by removing carrier units or tubs, then the ride must be inspected by a professional engineer in accordance with Section 616.242(13), F.S. Arbitrary reduction of carrier units by operators is not permitted.
(b) Having determined the number of carrier units or tubs per ride, the department inspector will count the number of passenger positions per carrier unit, or individual tub, i.e., the number of seat belts, pre-formed seating spots or other identifiable seating arrangements. With no identifiable passenger positions, the inspectors will determine the number of positions based on the number of 12-year-old passengers that can be positioned safely in the carrier unit, i.e., each passenger must have a separate position and meet the required height and/or weight requirements for that ride. Sitting on laps to qualify as one position will not be permitted.
Rulemaking Authority 616.165, 616.242(12) (11) FS. Law Implemented 616.242 FS. History–New 9-21-93, Amended 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.0051, Amended 10-29-19, .
5J-18.009 Inspections by Owner or Manager
(1) Prior to opening on each day of operation and prior to any inspection by the department the owner or manager of each amusement ride shall inspect and test the amusement ride in accordance with the requirements of Section 616.242(16), F.S., and record the inspection on the applicable department form FDACS-03424, Rev. 07/19, Fair Rides Owner’s Daily Inspection Report (Carnival Type); FDACS-03425, Rev. 07/19, Fair Rides Owner’s Daily Inspection Report (Water Park); FDACS-03426, Rev. 09/20 07/19, Fair Rides Owner’s Daily Inspection Report (Go-Kart Track and Vehicle); FDACS-03427, Rev. 07/19 07/20, Fair Rides Owner’s Daily Inspection Report (Bungy). In lieu of the forms referenced in this section and incorporated by reference in Rule 5J-18.0012, F.A.C., the owner or manager may request approval of an alternative form by submitting the form to the department by email to FairRides@FDACS.gov, by fax to (850)410-3797, or by mail to Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. The department shall approve the alternative form for use if the alternative form includes, at a minimum, all information required on the applicable department form. Upon approval, an alternative form may be used to document daily inspections as required by Section 616.242(16), F.S.
(2) through (6) No change.
Rulemaking Authority 616.165, 616.242(4), (16) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, 5-30-10, Formerly 5F-8.009, Amended 7-27-17, 10-29-19, .
5J-18.0152 Regulation of High Speed Go-Kart Tracks Open for Rental Concession Operation
(1) Purpose. This section establishes specific requirements for high speed go-kart tracks and high speed go-karts open to the public for rental use in addition to the other requirements contained in this chapter pertaining to amusement rides. Owners that provide high speed go-kart tracks and high speed go-karts for rental use shall at a minimum meet these requirements. This rule does not pertain to go kart tracks surrounded by a barrier system defined in rule paragraphs 5J-18.015(6)(b) and (c), F.A.C., provided that all other requirements of rule 5J-18.015, F.A.C., are also met.
(2) through (10) No change.
Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242 FS. History–New .
