The proposed rules will update incorporated national standards and department forms; amendments will provide clarification, remove broken references, adopt standards in response to, and in anticipation of, changes within ....

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

DIVISION OF CONSUMER SERVICES

RULE NOS.:RULE TITLES:

5J-18.001Definitions

5J-18.0011Standards Adopted

5J-18.0012Bureau of Fair Rides Inspection Forms

5J-18.002Annual Permit or Temporary Amusement Ride Permit, Request for Re-Inspection, USAID Number

5J-18.003Qualified Inspectors

5J-18.004Nondestructive Testing of Amusement Rides

5J-18.0051Inspection Standards

5J-18.007Signage

5J-18.009Inspections by Owner or Manager

5J-18.010Accredited Trade Organization

5J-18.012Fees

5J-18.0125Fencing and Gate Standards

5J-18.0127Enforcement Actions and Administrative Penalties

5J-18.0128Resolution of Violations, Settlement, and Additional Enforcement Remedies

5J-18.014Training of Managers, Attendants, and Maintenance Persons

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

5J-18.016Regulation of Water Parks

5J-18.025Regulation of Bungy Operations

PURPOSE AND EFFECT: The proposed rules will update incorporated national standards and department forms; amendments will provide clarification, remove broken references, adopt standards in response to, and in anticipation of, changes within the industry and add courses/seminars to assist with continuing education credits.  In addition, changes are being made for compliance with recent statutory changes.

SUMMARY:  The purpose of this rulemaking is to implement changes to section 616.242, F.S., made during the 2023 Legislative Session.  These changes include amending the fair rides forms, amend inspection standards, update signage requirements, update training requirements and modify accident reporting criteria.  Additionally, the department proposes to update the latest ASTM standards, add accepted CEU course opportunities, update citations and remove duplications, revise reinspection fees and remove the requirement for maximum fines for default final orders.

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 proposed changes will update and adopt materials incorporated by reference and will update material references.  According to the department’s economic analysis, the adverse impact or potential regulatory costs of the proposed rules do not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The department relied upon the Fair Rides database and the American Society for Testing and Materials (ASTM) website to determine approximate costs of each standard identified.  The department also determined that some regulated entities will not incur any costs due to the proposed rules because the national standards being adopted in Florida are already in use within the industry and have already been adopted in other jurisdictions where the regulated entities have operated. No interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding the 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, 616.242(3)(p), (q), (4), (b), (c), (d), (5), (6), (7), (8), (9), (11)(a)1., (12), (l) (14), (15), (16), (17) FS.

LAW IMPLEMENTED: 616.242, (4), (4)(b), (5), (6), (7), (8), (a), (9), (11)(a)1., (12), (j), (l), (15), (16), (17), (19), (21) FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Faulk, Chief, Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, FL 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
(a) AK Rides	Swing Tower, Starflyer, Skyflyer, Airflyer
(b) Aerodium Technology	Wind Tunnel
(c) Allen Hershell	Flying Bobs, Skywheel
(d) Alta Cable Ski	Cable Ski
(e) ARM	Ali Baba, 1001 Nights, Full Tilt, Typhoon, Drop Zone, Supershot, Touchdown, Vertigo
(f) Arrow Dynamics	Flume Ride
(g) Battech Ent.	Downdraft
(h) Bertazzon	Super Himalaya, Swing Carousel, Music Express, Rock and Roll
(i) Blackmon Engineering	Vertical Accelerator
(j) Bojux Co.	Surf Bench, Crazy Dance
(k) Bruno Rixen	Cable Water Ski, Knee Ski
(l) Bungee Adventure	Ejection Seat, Ripline
(m) 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
(n) Cheer Manufacturing	Skyrides, Zipline Roller Coaster
(o) Confolding S.R.O.	Extreme
(p) Cosmont	Jaguar Express, Tidal Wave, Wipeout, Yo Yo
(q) Custom Fabrications	Great American 19
(r) Custom Locomotives	Victorian, General Trains
(s) Doppelmayer	Gondola Lift
(t) Drop Zone LTD	Power Fan
(u) Dutch Wheels	Giant Wheel
(v) Eli Bridge Company	Big Eli Wheel, Hy-5, Eagle 16, Ferris Wheel
(w) Euro Rides	Double Shock, Shock Wave
(x) Expo Wheels LLC	Expo Wheel
(y) FarFabri/Fabbri	Backlash, Banzi, Bonzai, Crazy Dance, Evolution, Flipper, Footloose, Force 10, Megadrops, Space Loop, Kamikaze, Looping, Screamer, Drop Zone, Jungle Drop, Giant Wheel
(z) Funtime	Ejection Seat
(aa) Funtime Handles	Slingshot, Orlando Starflyer, Vomatron
(bb) Future Amusements	Wild Thang
(cc) GCI	White Lightning
(dd) Gravity Krafts	Mine Blower
(ee) Gravity Works	Blender, Ejection Seat, Skyscraper
(ff) HK Power Co.	Train
(gg) Harper & Parsons	Vertical Accelerator
(hh) Heinrich Mack	Runaway Trains, See Sturm Bahn, Raupen Bahn, Polar Express, Cortina Bob
Hi Roller	Ring of Fire
(ii) High Lite Rides	Fair Wheel, Family Wheel
(jj) Huss Heiner	1001 Nachts, Enterprise, Pirate, Pirate Ship, Rainbow, Top Spin, Tornado, Frisbee
(kk) In His Name	Sky Flyer
(ll) Inta Fair Holland	Giant Wheel
(mm) Intamin Inc.	Island In the Sky, Parachute Ride, Orlando Eye
(nn) Interpark	Galaxy Coaster, Zyclon
(oo) K.T. Emmitt	Devastator
(pp) K.T. Enterprises	Twister
(qq) K.M.G.	Fireball, Wild Claw, Tango, Space Port, Cyclops, Freakout, Speed, Inversion, Super Spin, Experience, Sky Swing, Fun Factory, Hurricane, Khaos, Air Raid, Hydra, Rock It, The Beast
(rr) Lamberink	Midway Sky Eye
(ss) Larson/Hi Roller Mfg/LMC	Ring of Fire, Superloop, Fireball, Stardancer
(tt) Leap of Faith	Wild Claw, Wild Thang, Cyclone
(uu) Majestic Rides Mfg.	Music Express
(vv) MCL Park	Giant Wheel, Gondola Wheel
(ww) Mecca Productions	Ice Slide
(xx) Miler	The Hurricane
(yy) MondialModail	Space Roller, Fighter, Magnum
(zz) Mulligan Enterprises	Giant Wheel, Gondola Wheel, Mulligan Wheel
(aaa) O.D. Hopkins	Sky Lift, Sky Ride, Sky Glider
(bbb) Oceaneering International	Shuttle Launch Experience
(ccc) Philadelphia Toboggan	Roller Coaster
(ddd) Pinfari	Looping Roller Coaster, Zyclon, Emerald Coaster, RC 48 Coaster, Super Cyclone, Bullet Train Coaster
(eee) Pro Drag LLC	Nitro Alley Dragster
(fff) Reverchon	Explorer, Log Flume, White Water, Niagra Flume, Roc-N-Rapids, White Water Flume, Wild River, Himalaya, Bee Bop Express, Polar Express, Crazy Mouse, Super Himalaya
(ggg) Rides R Us	Human Slingshot
(hhh) Ronald Bussink	Super Wheel
(iii) S & S Power	Double Shot Towers, Snow Shot, Space Shot, Screamin Swing
(jjj) SBF	Drop-N-Twist
(kkk) SDC	Himalaya, Hurricane Rollercoaster, Pirate Ship, Wild Cat, Windstorm Windtorm Coaster, Moonraker, Mark I, Gondola Wheel, Hang 10
(lll) Sartori	Kamikaze, Looping, Screamer
(mmm) Schiff	Roller Coaster
(nnn) Schwarzkofp	Dopple Loop, Log Flume, Wildcat Coaster, Swiss Bobs, Enterprise
(ooo) Sesitec GMBH	Cable Ski
(ppp) Sky Fun I	Sky Coaster
(qqq) Sky Venture	I Fly
(rrr) Soriani Moser	Crazy Flip, Dream Machine, Drop of Fear, Extacy, Flip N Out, G Force, Star Force, Wild River
	Raft, Wind Shear, Sky Flyer
(sss) Technical Park	Dream Wheel, Extreme, Street Fighter, Street Fighter 360, High Energy, Ciclone, Vortex, Chaos, Fly Surf, Pegasus, Delusion, Stinger, Hyperloop, S.F. Revolution, Dream Catcher, Ferris Wheel, Star Dancer, Sky Fighter
(ttt) The Joseph Co.	Vertical Accelerator
(uuu) Top Fun	Terminator
(vvv) Tivoli	Force 10, Spinout, Orbitor, Predator, Scorpion, Typhoon, Remix, Techno Power
(www) Tower Specialties	Ricky’s Rocket, Vertical Accelerator
(xxx) UA Attractions	Ninja Course
(yyy) Universal	Sky Ride
(zzz) Vekoma	Freedom Flyer
(aaaa) Vickers	Abbot Tank, APC
(bbbb) Visa Intl.	Cyclon Coaster, Midi Dance Party, Euro Slide, Slide 8
(cccc) White Water	Log Flume, Roaring Springs
(dddd) Widsom/WMI Industries	Gravitron/Starship type amusement rides; Stampede, Himalaya, Rip Curl, Music Express, Y Factor, Jungle Twist, Matterhorn, Polar Express
(eeee) Winkler	Swing Tower, Starflyer, Skyflyer
(ffff) Zamperla	Energy Storm, Mixer, Power Surge, Turbo Force, Windstorm Roller Coaster, Wave Swinger, Crazy Mouse, Nitro, Vertical Swing, Star Tower, Wild Mouse
(gggg) Zierer	Flitzer, Racing Flitzer, Wave Swinger, Indy 500
(hhhh) Zig Zag	Zig Zag Rail
(iiii) Multiple Manufacturers	Elevated Go-Kart Tracks
(jjjj) Multiple Manufacturers	High Speed Go-Kart Tracks
(kkkk) Multiple Manufacturers	Waterslides (same platform, multiple slides)
(llll) Multiple Manufacturers	Zipline/Aerial Adventure Courses

Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 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 7-5-16, 10-29-19, 11-18-20,                .

 

5J-18.0011 Standards Adopted.

The following standards, materials and practices are hereby adopted and incorporated by reference. Copies of the following publications may be obtained from the sources referenced below and are available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and 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 materials referenced in subsections (1) through (7) on the internet for purposes of public examination would violate federal copy right law.

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

(a) F747-2315 “Standard Terminology Relating to Amusement Rides and Devices.”

(b) F770-2318 “Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices.”

(c) F1159-16e1 “Standard Practice for Design of Amusement Rides and Devices that are Outside the Purview of Other F24 Design Standards.”

(d) F1193-2318 “Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices.”

(e) through (f) No change.

(g) F2137-1918 “Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices.”

(h) F2291-23b18 “Standard Practice for Design of Amusement Rides and Devices.”

(i) F2374-2217 “Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices.”

(j) No change.

(k) F2376-2317a “Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems.”

(l) F2460-1911 “Standard Practice for Special Requirements for Bumper Boats.”

(m) F2461-20a18 “Standard Practice for Manufacture, Construction, Operation, and Maintenance of Aquatic Play Equipment.”

(n) F2959-23a18 “Standard Practice for Aerial Adventure Courses.”

(o) F2960-2316 “Standard Practice for Permanent Amusement Railway Ride Tracks and Related Devices.”

(p) F2974-2219 “Standard Practice for Auditing Amusement Rides and Devices.”

(q) F3054-2318 “Standard Practice for Operations of Amusement Railway Rides, Devices, and Facilities.”

(r) F3133-2118 “Standard Practice for Classification, Design, Manufacture, Construction, Maintenance, and Operation of Stationary Wave Systems.”

(s) F3158-2216 “Standard Practice for Patron Transportation Conveyors Used with a Water Related Amusement Ride or Device.”

(t) F3214-2318 “Standard Practice for Characterization of Fire Properties of Materials Specified for Vehicles Associated with Amusement Rides and Devices.”

(u) F3559-23 “Standard Guide for ASTM F24 Standards Governing Lifecycle Management of Amusement Rides and Devices.”

The above referenced F-24 Committee standards are compiled by ASTM International in the 20242018 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] [phone]; www.astm.org.

(2)  No change.

(3) National Fire Protection Association (NFPA), Document 101, “Life Safety Code”, 2021 2012 Edition, Paragraphs 3.3.37.9 3.3.36.10, 12.4.9 12.4.7, and 13.4.9 13.4.7, each entitled “Special Amusement Buildings” and the corresponding provisions of Annex A. 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) through (8) No change.

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 7-5-16, 7-27-17, 5-2-19, 10-29-19,                           .

 

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
(1) FDACS 03424	07/19	Fair Rides Owner’s Daily Inspection Report (Carnival Type), http://www.flrules.org/Gateway/reference.asp?No=Ref-11146
(2) FDACS 03425	07/19	Fair Rides Owner’s Daily Inspection Report (Water Park), http://www.flrules.org/Gateway/reference.asp?No=Ref-11147
(3) FDACS 03426	09/20	Fair Rides Owner’s Daily Inspection Report (Go-kart Track/Vehicle), http://www.flrules.org/Gateway/reference.asp?No=Ref-12302
(4) FDACS 03427	07/19	Fair Rides Owner’s Daily Inspection Report (Bungy), http://www.flrules.org/Gateway/reference.asp?No=Ref-11149
(5) FDACS 03428	07/19	Fair Rides Written Accident Report http://www.flrules.org/Gateway/reference.asp?No=Ref-11150
(6) FDACS 03430	07/20	Fair Rides Mechanical, Structural or Electrical Defect/Failure Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-12303
(7) FDACS 03431	XX/23 07/19	Fair Rides Employee Training Record, http://www.flrules.org/Gateway/reference.asp?No=Ref-         -11152
(8) FDACS 03433	XX/23 07/20	Fair Rides Affidavit of Compliance and Nondestructive Testing http://www.flrules.org/Gateway/reference.asp?No=Ref-         12304
(9) FDACS 03434	XX/23 07/20	Affidavit of Annual Inspection for Exempt Facilities, http://www.flrules.org/Gateway/reference.asp?No=Ref-         12305
(10) FDACS 03438	09/20	Fair Rides Request for Temporary Amusement Ride Permit Inspection or Re-Inspection, http://www.flrules.org/Gateway/reference.asp?No=Ref-12306
(11) FDACS 03439	09/20	Fair Rides Request for Annual Permit Inspection or Re-Inspection, http://www.flrules.org/Gateway/reference.asp?No=Ref-12307

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, 11-18-20,                          .

 

5J-18.002 Annual Permit or Temporary Amusement Ride Permit, Request for Re-Inspection, USAID Number.

(1) through (2) No change.

(3) The following documents shall be on file with the department or accompany the written application:

(a) No change.

(b) Amusement ride operating document specified in section 5.1 of ASTM International Committee F-24 on Amusement Rides and Devices Designation F770-18, as incorporated by reference in Rule 5J-18.0011, F.A.C.

(c) Maintenance checklist for each ride. Checklist shall be in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designation F770-18, as incorporated by reference in Rule 5J-18.0011, F.A.C.

(4) The current Fair Rides Affidavit of Compliance and Nondestructive Testing required by Section 616.242(7), F.S., shall be on file or provided at time of inspection on department form FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, Rev. 07/20, as incorporated by reference in Rule 5J-18.0012, F.A.C.

(4)(5) The current Fair Rides Affidavit of Compliance and Nondestructive Testing required by Section 616.242(7)(a), F.S., shall be on file or provided at time of inspection on department form FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, Rev. XX/23 07/20, as incorporated by reference in Rule 5J-18.0012, F.A.C., unless the amusement ride is exempt pursuant to Section 616.242(7)(e)(d), F.S.

(6) through (16) Renumbered (5) through (15) No change.

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, 11-18-20,                    .

 

5J-18.003 Qualified Inspectors.

(1) Each person seeking to perform amusement ride inspections as a Qualified Inspector (QI) for an insurance underwriter and execute the FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, XX/23 07/20, as incorporated by reference in Rule 5J-18.0012, F.A.C., shall provide the department the following documents and information:

(a) through (c) No change.

(d) A written statement or certificate from a school or sponsor of a seminar showing thirty-two hours per year of continuing education annually at a school or schools, or a seminar, approved by the department. These continuing education hours may include in-service industry or manufacturer updates and seminars. Curriculum subjects considered for credits are those subjects included in schools or seminars conducted or sponsored by: National Association of Amusement Ride Safety Officials (NAARSO), Amusement Industry Manufacturers and Suppliers International (AIMS), Council for Amusement and Recreational Equipment Safety (CARES), Association for Challenge Course Technology (ACCT), or any nationally recognized amusement ride organization, ride inspector or ride safety training programs conducted or sanctioned by state or local government amusement ride regulatory agencies in any jurisdiction, exempt permanent facilities in the state of Florida, and vocational training programs that reasonably relate to amusement ride safety or inspection, or other nationally recognized programs relating to amusement ride inspection or ride safety. Nondestructive testing training that meets the requirements of ASNT may be substituted for up to half of the required hours of continuing education.

(e) No change.

(f) The department acknowledges the amusement ride education programs of NAARSO, AIMS, CNA Insurance, ACCT, and the Pennsylvania Amusement Ride Safety Seminar, as educational programs meeting the department’s requirements to certify a qualified inspector.

(g) No change.

(2) through (5) No change.

Rulemaking Authority 616.165, 616.242(3)(p), (q), (5) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 10-10-01, 5-30-05, 10-2-07, Formerly 5F-8.003, Amended 10-29-19, 11-18-20,                            .

 

5J-18.004 Nondestructive Testing of Amusement Rides.

(1) In accordance with the requirements of Section 616.242(7), F.S., nondestructive testing of amusement rides shall be conducted on all inspection points identified, including all relevant bulletins and shall be reported to the department for each amusement ride by the Qualified Inspector or PE on department form FDACS-03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, Rev. XX/23 07/20, incorporated by reference in Rule 5J-18.0012, F.A.C.

(2) through (6) No change.

Rulemaking Authority 616.165, 616.242(4), (7) FS. Law Implemented 616.242(4)(b), (7) FS. History–New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.004, Amended 2-22-18, 10-14-18, 10-29-19, 11-18-20,                            .

 

5J-18.0051 Inspection Standards.

(1) through (5) No change.

(6) In addition to the manufacturer’s required or recommended instructions, the department has adopted the following:

(a) All rides shall have a two-step process for the control box to ensure a ride cannot be inadvertently started.

(b) All funhouse style rides above 10ft. shall have a sprinkler system installed.

(c) Rides will not be permitted to use plywood for blocking purposes, unless specifically permitted by the manufacturer. 

(d) All trailer mounted Wisdom or Reverchon Himalaya style rides will not be permitted to operate in reverse motion.

(e) The department will conduct preassembly inspections on rides identified at the time of application including:

1. ARM, Ali Baba or 1001 Nights

2. Larson or Hi Roller, Ring of Fire

3. Wisdom, Gravitron or Starship

4. Wisdom, Sizzler

Rulemaking Authority 616.165, 616.242(4)(d), (12) 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, 11-18-20,                   .

 

5J-18.007 Signage.

(1) If required or recommended by the manufacturer of an amusement ride, each owner or manager shall have signage Signage shall be prominently displayed at the entrance of the amusement ride to include including the following instructions and information for operation:

(a) No change.

(b) Size Height restrictions;

(c) through (f) No change.

(2) Due to accidents or unforeseen events, and in addition to the amusement ride manufacturer’s required or recommended instructions and information for operation, each owner or manager shall have additional signage prominently displayed at the entrances of the following amusement rides:

(a) through (b) No change.

(c) Zamperla, Crazy Mouse Coaster/Wild Mouse Coaster/Galaxy Spin Coaster – signage shall include notice that patrons under the age of 10 should be accompanied by a supervising companion at least 14 years of age or older.

(3) FDACS P-02159, 07/20, Fair Rides sign, is hereby incorporated by reference.  Provided that the requirements of subsection (4) are met, the Fair Rides sign shall be conspicuously displayed either at all patron entrances of an a temporary amusement ride facility in full view of the public, or at each amusement ride entrance.  If  the requirements of subsection (4) are not met, then the Fair Rides sign shall be conspicuously displayed at each amusement ride entrance. and is hereby incorporated by reference. A sample copy of the sign may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12308. The Fair Rides sign shall be an 11” x 14”, full color rendering of the FDACS P-02159.

(4) The amusement ride annual permit or temporary amusement ride permit shall be affixed at the entrance of the ride in a location visible to the public.

Rulemaking Authority 616.165, 616.242(4)(b), (c), (d), (12)(l)(k) FS. Law Implemented 616.242(12)(j), (l) FS. History–New 7-27-17, Amended 11-18-20,                                 .

 

5J-18.009 Inspections by Owner or Manager.

(1) No change.

(2) Inspections shall be consistent with inspection programs outlined in ASTM F770-2218, as incorporated by reference in Rule 5J-18.0011, F.A.C. to include inspections and testing of the following, at a minimum:

(a) through (k) No change.

Inspection documentation shall be reviewed and approved by the owner, manager, or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C.

(3) The owner or manager shall implement a program of maintenance based on manufacturer recommendations and in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designation ASTM F770-18, as incorporated by reference in Rule 5J-18.0011, F.A.C. This program of maintenance shall include a checklist with the following information, at a minimum:

(a) through (g) No change.

Maintenance documentation shall be reviewed and approved by the owner, manager, or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C.

(4) 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, 11-18-20,                 .

 

5J-18.010 Accredited Trade Organization.

(1) No change.

(2) In order for the department to waive an inspection pursuant to Section 616.242(8)(a)2., F.S.:

(a) through (e) No change.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(8)(a)2. FS. History–New 11-18-20, . 

 

5J-18.012 Fees.

The following fees are adopted:

(1) through (2) No change.

(3) Permanent or Temporary Amusement Rides:

(a) through (f) No change.

(g) Failure to timely cancel event inspection (less than 3 working days prior to request date):

$500

(g) through (h) renumbered (h) through (i) No change.

(j) Fee per amusement ride for mechanical, structural, or electrical defect reinspections:

$100

(4) The department may waive fees based on county closure or other unavoidable circumstances.

Rulemaking Authority 616.165, 616.242(8), (9), (14) FS. Law Implemented 616.242(9) FS. History–New 9-15-92, Amended 2-23-94, 5-27-96, 9-23-97, 2-14-99, 3-21-00, 12-4-00, 1-22-02, 5-30-05, Formerly 5F-8.012, Amended 10-29-19, 11-18-20,                  .

 

5J-18.0125 Fencing and Gate Standards.

Fencing and gate standards shall be in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designations F1159-16 and F2291-18, as incorporated by reference in Rule 5J-18.0011, F.A.C., and the following shall be the fencing and gate standards for amusement rides:

(1) through (2) No change.

Rulemaking Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242 FS. History–New 5-30-10, Formerly 5F-8.0125, Amended 7-27-17, 5-2-19,                 .

 

5J-18.0127 Enforcement Actions and Administrative Penalties.

(1) through (3) No change.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, it will be penalized in accordance with paragraph (7)(9)(c) of this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 616, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a Tier I or Tier II violation as described in subsection (7)(9), below.

(a) through (b) No change.

(6) No change.

(7) Penalties.

(a) No change.

(b) Tier I Violations. Tier I violations shall result in the imposition of an administrative fine against the owner or manager of the amusement ride of up to $5,000 per violation, per day. For the purposes of this rule, the following violations shall be considered Tier I violations:

1. through 6. No change.

7. Failure to report an accident as required by Section 616.242, F.S.

8. Renumbered 7. No change.

(c) Tier II Violations. Tier II violations shall result in the imposition of an administrative fine against the owner or manager of the amusement ride of up to $10,000 per violation, per day or suspension of the owner’s or manager’s permit for not more than one year or revocation of the owner’s or manager’s permit or any combination thereof. For the purposes of this rule, the following violations shall be considered Tier II violations due to their high potential for consumer harm:

1. through 20. No change.

21. Failure to operate an amusement ride in accordance with the manufacturer guidelines.

22. Failure to operate an amusement ride in accordance with the amusement ride operating document required by Rule 5J-18.002(3)(b), F.A.C.

23. Failure to perform maintenance on an amusement ride in accordance with the manufacturer guidelines.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (19), (21) FS. History–New 5-30-10, Formerly 5F-8.0127, Amended 7-27-17, 10-29-19, 11-18-20,                    .

 

5J-18.0128 Resolution of Violations, Settlement, and Additional Enforcement Remedies.

(1) Failure to respond to an administrative complaint shall result in the entry of a default Final Order. The department shall impose administrative fines in a default Final Order up equal to the maximum amount allowable under Section 616.242(21), F.S.

(2) No change.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (19), (21) FS. History–New 5-30-10, Formerly 5F-8.0128, Amended 11-18-20,                      .

 

5J-18.014 Training of Managers, Attendants, and Maintenance Persons.

(1) The owner or manager shall maintain the record of employee training required by Section 616.242(17), F.S., on department form FDACS-03431, Rev. XX/23 07/19, Fair Rides Employee Training Record. In lieu of form FDACS-03431 as 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 [e-mail], by fax to [phone], 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 employee training as required by Section 616.242(17), F.S.

(2) In order to facilitate safe installation and operation, and in addition to the requirements of subsections 616.242(5), (6) and (7), F.S., any owner or manager applying for a permit to operate an amusement ride must demonstrate competency by holding a valid certification based on the type of the amusement ride being operated. Valid certifications include a National Association of Amusement Ride Safety Officials (NAARSO) certification, or a valid Amusement Industry Manufacturers and Suppliers International (AIMS) inspection or maintenance certification, or certification from another professional organization that meets or exceeds the certification requirements set forth above unless a professional organization does not exist for the type of amusement device(s) operated by the owner or manager.

(3) No change.

(4) Operator tTraining shall be consistent with training programs outlined in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designations, ASTM F770-18, as incorporated by reference in Rule 5J-18.0011, F.A.C., to include the following, at a minimum:

(a) Description of the amusement device and its normal operations;

1. Instructions on what is considered normal operations;

2. Examples of abnormal operations;

(b) Instructions on proper operations of the amusement ride;

1. Demonstration of operator controls and the specific meaning of each mechanism on the control panel;

2. Demonstration of restraint checks;

3. Demonstration of loading/unloading procedures to include balance;

4. Demonstration of emergency stop procedures;

(c) Specific manufacturer instructions or requirements;

(d) Specific employee duties and responsibilities;

1. Responsibilities of each employee before, during and after the ride cycle;

2. Responsibility of employee during opening/closing;

(e) General safety procedures;

(f) Emergency procedures;

1. Responsibility of the employee during an emergency;

2. Responsibility during unscheduled cessation of the ride;

3. Responsibility during an evacuation situation;

(g) Environmental considerations for operation;

1. Understanding of weather conditions that would cease operation of the ride;

2. Understanding of employee role during cessation of ride due to weather;

(h) Guidelines regarding patron admission;.

1. Operator responsibility regarding size, weight, age and special considerations for patrons.

2. Operator responsibility should a situation arise whereby patron admission is in question;

(i) Demonstration of proper operation based on assigned duties.

(5) Maintenance training shall be consistent with training programs in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C., to include the following, at a minimum:

(a) Description of the amusement device and its normal operations;

(b) Instructions on proper operations of the amusement ride;

(c) Requirements of maintenance personnel in regard to testing and inspections;

1. Replacement schedules for fasteners, wheels, or other consumable parts;

2. Lubrication schedules;

(d) Preventative maintenance assignments;

1. Inspections to be performed;

2. Safety instructions;

3. Additional manufacturer or owner instructions;

(e) Replacement parts;

1. Schedule of part replacement;

2. Understanding of manufacturer drawings and specifications;

(f) Nondestructive testing requirements;

(g) Daily, weekly, monthly maintenance requirements to include;

1. Preopening inspections;

2. Visual inspections;

3. Fastener inspections;

4. Lubrication requirements;

5. Control system inspections;

6. Structural inspections;

7. Electrical inspections;

8. Operational testing;

(h) Understanding of ride schematics for ride related systems individual is accountable for;

(i) General safety procedures;

(j) Emergency procedures;

1. Responsibility of the maintenance personnel during an emergency;

2. Responsibility during unscheduled cessation of the ride;

3. Responsibility during an evacuation situation;

(k) Knowledge in environmental considerations for operation;

(l) Knowledge of procedures to be followed in the event of an extended period of non-operation, storage, or both.

(m) Environmental considerations for operation;

1. Understanding of weather conditions that would cease operation of the ride;

2. Understanding of employee role during cessation of ride due to weather;

(6) Operators and maintenance personnel shall be retrained on an annual basis on all requirements outlined in subsections (4) and (5) of this rule. Management will review operators throughout the year to identify if training is needed on a more frequent basis than annually.

(7) The department may require retraining due to an accident or identified safety violation.

Rulemaking Authority 616.165, 616.242(4), (17) FS. Law Implemented 616.242(17) FS. History–New 7-31-94, Amended 2-14-99, 5-30-05, 5-30-10, Formerly 5F-8.014, Amended 7-27-17, 10-29-19, 11-18-20,                     .

 

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

(1) Accidents shall be reported to the department in accordance with Section 616.242(15), F.S. Accidents shall be reported in writing on department form FDACS 03428, Fair Rides Written Accident Report, Rev. 07/19, incorporated by reference in Rule 5J-18.0012, F.A.C.

(2) Relevant to the application and enforcement of Section 616.242(15), 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) Renumbered (2) No change.

Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.242(15) FS. History–New 2-14-99, Amended 5-30-05, Formerly 5F-8.0142, Amended 7-5-16, 10-29-19, 11-18-20,                     .

 

5J-18.016 Regulation of Water Parks.

(1) through (4) No change.

(5) Daily Inspections. During operations, the owner, manager, or the owner’s designee shall:

(a) No change.

(b) Maintain appropriate water related amusement ride inspection records as required in Section 616.242(16), F.S., and in accordance with section 4.1.4, F770-18, ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C.

(6) No change.

(7) Criteria.

(a) No change.

(b) The water park shall be fenced. Fencing and gating shall be in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designations, F1159-16 and F2291-18 as incorporated by reference in Rule 5J-18.0011, F.A.C. Individual water related amusement rides need not be fenced when the water park is fenced.

(c) through (d) No change.

(8) No change.

Rulemaking Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242(4) FS. History–New 12-6-93, Amended 2-14-99, 5-30-10, Formerly 5F-8.016, Amended 7-27-17, 5-2-19, 10-29-19, 11-18-20,                   .

 

5J-18.025 Regulation of Bungy Operations.

(1) through (12) No change.

(13) Cranes. No person shall operate a bungy jump which utilizes a crane or derrick unless the following criteria are expressly met:

(a) through (p) No change.

(q) The owner shall provide training to the crane or hoist operator, jump master, and ground personnel who assist jumpers in hooking up and unhooking, persons who dismantle or erect the crane, and persons who have any rigging duties. Training conducted must meet the minimum requirements set forth in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designation ASTM Standard F770-18, 4.1., contained in ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rrule 5J-18.0011, F.A.C.

(r) through (w) No change.

(14) through (44) No change.

Rulemaking Authority 616.165, 616.242(4)(c), (6) FS. Law Implemented 616.242 FS. History–New 11-11-92, Amended 6-13-93, 9-21-93, 2-23-94, 4-15-94, 7-5-94, 5-7-96, 2-14-99, 5-30-10, Formerly 5F-8.025, Amended 7-27-17, 5-2-19,                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michelle Faulk, Chief of Fair Rides Inspection

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 29, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2023