(1) to update and adopt current standards for the inspection of amusement rides (2) to revise Fair Rides Inspection Forms for the purpose of correcting revision dates & adopting changes to those forms adopted by the Bureau; (3) to adopt fencing and ...  


  • RULE NO: RULE TITLE
    5F-8.0011: Standards Adopted
    5F-8.0012: Bureau of Fair Rides Inspection Forms
    5F-8.009: Inspections by Owner or Manager
    5F-8.0125: Fencing and Gate Standards
    5F-8.0126: Minor Rule Violations; Notice of Non-Compliance
    5F-8.0127: Enforcement Actions and Administrative Penalties
    5F-8.0128: Resolution of Violations, Settlement, and Additional Enforcement Remedies
    5F-8.014: Training of Managers, Attendants, and Maintenance Persons
    5F-8.015: Regulation of Go-Karts and Similar Vehicles
    5F-8.016: Regulation of Water Parks
    5F-8.025: Regulation of Bungy Operations
    5F-8.050: Games
    PURPOSE AND EFFECT: (1) to update and adopt current standards for the inspection of amusement rides (2) to revise Fair Rides Inspection Forms for the purpose of correcting revision dates & adopting changes to those forms adopted by the Bureau; (3) to adopt fencing and gate standards for all amusement rides operating within the state. (4) to adopt guidelines for imposing administrative remedies when the Department determines there is a violation of the statute or rules; (5) to clarify guidelines for attendants in regards to go-kart track monitoring; (6) to clarify attendant responsibilities on all water related rides; and (7) to add an authorized game to those already approved to operate within the State.
    SUMMARY: Rule 5F-8.011, F.A.C., Standards Adopted Update and Adopt current national standards for the inspection of amusement rides. Rule 5F-8.012, F.A.C., Bureau of Fair Rides Inspection Forms Update And Adopt Inspection Forms used by the Bureau and Industry. Rule 5F-8.009, F.A.C., Inspections by Owner or Manager Update language on owner/manager ride inspections. Rule 5F-8.0125, F.A.C., Fencing and Gate Standards Standardize fencing and gate standards for all amusement rides. Rule 5F-8.0126, F.A.C., Minor Rule Violations; Notice of Non-Compliance Adopt and standardize guidelines for imposing administrative penalties for violations. Rule 5F-8.0127, F.A.C., Enforcement Actions and Administrative Penalties Adopt and standardize guidelines for imposing administrative penalties for violations. Rule 5F-8.0128, F.A.C., Resolution of Violations, Settlement and Additional Enforcement Remedies Adopt and standardize guidelines for imposing administrative penalties for violations. Rule 5F-8.014, F.A.C., Training of Managers, Attendants and Maintenance Persons Updates reference and revises method of recording employee training. Rule 5F-8.015, F.A.C., Regulation of Go-Karts and Similar Vehicles Clarifies monitoring requirements for go-kart tracks, updates fencing requirements for go-kart tracks. Rule 5F-8.016, F.A.C., Regulation of Water Parks Updates operational and fencing requirements for water parks. Rule 5F-8.025, F.A.C., Regulation of Bungy Operations Updates fencing requirements for bungy operations. Rule 5F-8.050, F.A.C., Games Authorizes use of a new game in the State of Florida.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have no significant impact on small business. A SERC has been prepared by the agency.
    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.
    SPECIFIC AUTHORITY: 616.165, 616.242(4) FS.
    LAW IMPLEMENTED: 616.242 FS.
    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: Monday, March 1, 2010, 10:00 a.m.
    PLACE: Eyster Auditorium, Florida Department of Agriculture and Consumer Services, Conner Building, 3125 Conner Blvd., Tallahassee, Florida 32399
    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Robert H. Jacobs, (850)488-9790. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robert H. Jacobs, Bureau Chief of the Bureau of Fair Rides Inspections, 3125 Conner Blvd., Suite N., Tallahassee, Florida 32399-1650, phone: (850)488-9790

    THE FULL TEXT OF THE PROPOSED RULE IS:

    (Substantial rewording of Rule 5F-8.0011 follows. See Florida Administrative Code for present text.)

    5F-8.0011 Standards Adopted.

    The following standards, materials and practices are hereby adopted and incorporated by reference and are available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Standards, 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650.

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

    (a) F 747-06 “Standard Terminology Relating to Amusement Rides and Devices.”

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

    (c) F 846-92 (2009) “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.”

    (f) 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.”

    (g) F 1193-06 “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.”

    (i) F 1957-99(2004) “Standard Test Method for Composite Foam Hardness-Durometer Hardness.”

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

    (k) F 2137-04 (2009) Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices.

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

    (m) F 2374-07a “Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices.”

    (n) F 2375-09 “Practice for Design, Manufacture, Installation and Testing of Climbing Nets and Netting/Mesh Used in Amusement Rides, Devices, Play Areas, and Attractions.”

    (o) F 2376-08 “Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems.”

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

    (q) F 2461-09 “Standard Practice for Manufacture, Construction, Operations, Maintenance and Water Quality of Interactive Aquatic Play Equipment.”

    The above referenced F-24 Committee standards are compiled by ASTM International in the 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 (610)832-9500; www.astm.org.

    (2) National Electrical Code (NEC) Handbook, Article 525, “Carnivals, Circuses, Fairs, and Similar Events,” 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 1(800)344-3555; www.nfpa.org.

    (3) National Fire Protection Association (NFPA), Document 101, “Life Safety Code”, 2009 Edition, Chapters 3.3.32.10, 12.4.7, and 13.4.7, each entitled “Special Amusement Buildings.” 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 1(800)344-3555; www.nfpa.org.

    (4) ASTM International Designation 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 (610)832-9500; www.astm.org.

    (5) American Society for Nondestructive Testing (ASNT), Recommended Practice No. SNT-TC-1A, “Personnel Qualification and Certification in Nondestructive Testing,” 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 1(800)222-2768; www.asnt.org.

    Rulemaking Specific Authority 616.165, 616.242(4) FS. Law Implemented 616.001, 616.242(4) FS. History–New 2-14-99, Amended 10-2-07, ________.

     

    (Substantial rewording of Rule 5F-8.0012 follows. See Florida Administrative Code for present text.)

    5F-8.0012 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 Standards, Bureau of Fair Rides Inspection at 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650 or online at www.doacs.state.fl.us/onestop/std/fairride.html.

     

    Form Number

    Revised

    Title

    DACS 03401

    01/09

    Invoice

    DACS 03419

    12/09

    Amusement Ride Inspection Report

    DACS 03420

    12/09

    Water Park Amusement Ride Inspection Report

    DACS 03421

    12/09

    Go-kart Amusement Ride Inspection Report (Track)

    DACS 03422

    01/09

    Go-kart Amusement Ride Inspection Report (Vehicle)

    DACS 03423

    12/09

    Bungy Jump Inspection Report

    DACS 03424

    012/09

    Owner’s Daily Inspection Report (Carnival Type)

    DACS 03425

    012/09

    Owner’s Daily Inspection Report (Water Park)

    DACS 03426

    012/09

    Owner’s Daily Inspection Report (Go-kart Track/Vehicle)

    DACS 03427

    012/09

    Owner’s Daily Inspection Report (Bungy)

    DACS 03428

    01/09

    Written Accident Report

    DACS 03429

    01/09

    Request for Inspection or Reinspection

    DACS 03430

    01/09

    Mechanical, Structural or Electrical Defect Report

    DACS 03431

    012/09

    Employee Training Record

    DACS 03432

    01/09

    Amusement Ride Annual Permit Application

    DACS 03433

    04/09

    Affidavit of Compliance and Nondestructive Testing

    DACS 03434

    01/09

    Affidavit of Annual Inspection for Exempt Facilities

    DACS 03545

    12/09

    Stop Operation Order

    DACS 03546

    12/09

    Out of Service Tag

    DACS 03550

    01/09

    Inspection Certificate

    DACS 03557

    02/09

    Fair Rides Immediate Final Order

    DACS 03558

    02/09

    Fair Rides Immediate Final Order Release

    Rulemaking Specific Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4), (5), (6), (7), (10), (11), (14), (15), (16) FS. History–New 2-14-99, Amended 5-30-05, 10-2-07,_________.

     

    5F-8.009 Inspections by Owner or Manager.

    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(15), F.S., and record the inspection on the applicable Department form, DACS 03424, Rev. 12/09, Owner’s Daily Inspection Report (Carnival Type); DACS 03425, Rev. 12/09, Owner’s Daily Inspection Report (Water Park); DACS 03426, Rev. 12/09, Owner’s Daily Inspection Report (Go-kart Track and Vehicle); DACS 03427, Rev. 12/09, Owner’s Daily Inspection Report (Bungy).

    Rulemaking Specific Authority 616.165, 616.242(15) FS. Law Implemented 616.242(15) FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05,_________.

     

    5F-8.0125 Fencing and Gate Standards.

    ASTM International, F-24 Committee Designations F 1159-03a and F 2291-09a and the following shall be the fencing and gate standards for amusement rides:

    (1) Amusement ride train crossing points may use railroad type protection devices.

    (2) Natural barriers (ponds or streams, earthen mounds and shrubs or other vegetation) may be utilized when such barriers serve to prevent spectators or riders from gaining access or otherwise coming in contact or close proximity with amusement rides prior to, during or after operation.

    Rulemaking Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242 FS. History–New________.

     

    5F-8.0127 Enforcement Actions and Administrative Penalties.

    (1) This rule sets forth the guidelines the Department will follow in imposing the penalties authorized under Chapter 616, Florida Statutes. The purpose of the guidelines is to give notice of the range of penalties which normally will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum of $2,500 per violation, per day. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

    (2) The Department will enforce compliance with Chapter 616, Florida Statutes, and this rule chapter by issuing an administrative complaint, a stop operation order, out of service tag, or an immediate final order for violations of Chapter 616, Florida Statutes, and this rule chapter.

    (3) Stop Operation Orders. A stop operation order is necessary to effectuate the statutory duties of the Department in the interest of public health, safety, and welfare and is necessary to promote patron safety in the design, construction, assembly, disassembly, maintenance, and operation of amusement rides in Florida. A stop operation order will be used to prohibit the operation of an amusement ride that fails to comply with the requirements of Chapter 616, F.S.s, or this rule chapter.

    (4) Nothing in this chapter shall limit the ability of the Department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

    (5) 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 chapter 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 chapter, the penalty will be determined by consideration of:

    (a) The closest analogous violation, if any, that is listed in this rule; and

    (b) The mitigating or aggravating factors listed in this rule.

    (6) 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.

    (a) Aggravating Factors:

    1. The violation caused, or has the potential to cause, serious injury to a person.

    2. The violation endangered the public safety or welfare.

    3. Previous violations for the same or a similar offense that resulted in enforcement action.

    4. The violation occurred for more than 24 hours.

    5. The violation was repeated within three years.

    6. The violator impeded, or otherwise failed to cooperate with, the Department’s inspection or investigation.

    7. Previous disciplinary action against the violator in this or any other jurisdiction and the deterrent effect of the penalty imposed.

    8. Undue delay in initiating or completing, or failure to take, affirmative or corrective action after receipt of notice of the violation.

    9. The violator’s prior knowledge of Chapter 616, F.S. and Chapter 5F-8, F.A.C.

    10. Whether the violation resulted from negligence or an intentional act.

    11. The cost of the enforcement action.

    12. The number of other violations proven in the same proceeding.

    13. The benefit to the violator.

    (b) Mitigating Factors:

    1. Any documented efforts by the violator at rehabilitation.

    2. Whether intentional actions of another party prevented the violator from complying with the applicable laws or rules.

    3. Financial hardship.

    4. Acts of God or nature that impairs the ability of the violator to comply with Chapter 616, F.S., or Chapter 5F-8, F.A.C.

    5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

    6. The violator expeditiously took affirmative or corrective action after it received written notification of the violation.

    7. The number and seriousness of the counts in the administrative complaint.

    8. The disciplinary history of the person committing the violation.

    9. If a repeat violation, whether three years has passed since the prior violation.

    (7) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

    (8) In addition to the penalties established in this rule, the Department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the Department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the Department.

    (9) Penalties.

    (a) Notice of Noncompliance. Any Department investigation or inspection which reveals minor violations of this rule chapter in which the Department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a notice of noncompliance as the Department’s first response to the violation. For the purposes of this rule, the following violations shall result in the issuance of a notice of noncompliance for the first violation only:

    1. Failure to maintain or make immediately available to the Department upon request the required Owner’s Daily Inspection Reports.

    2. Failure to maintain or make immediately available to the Department upon request employee training records (employee trained, but no records).

    3. Failure to provide the Department a copy of the manufacturer’s operating instructions, operating fact sheet, or written manufacturer’s bulletins.

    4. Failure to maintain the required operations manual written in the English language for each go-kart and go-kart track that includes a detailed scaled drawing of the go-kart type course, manufacturer’s maintenance instructions and specification for each go-kart, and written emergency plans.

    5. Failure to maintain the required operations manual written in the English language for water parks that contain general maintenance and cleanup procedures, equipment operation instructions and written emergency plans.

    (b) Minor Violations. A violation of Chapter 616, F.S., or this rule chapter is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Minor violations shall result in the imposition of an administrative fine against the owner of the amusement ride of $250 per violation, per day. Aggravating factors as defined in paragraph (6)(a) of this rule shall warrant the adjustment of the fine upward and mitigating factors as defined in paragraph (6)(b) of this rule shall warrant the adjustment of the fine downward, but no fine shall exceed the statutory maximum as outlined in Section 616.242(19)(a), F.S. For the purposes of this rule, the following violations shall be considered minor violations:

    1. Failure to maintain or make immediately available to the Department upon request the required Owner’s Daily Inspection Reports.

    2. Failure to maintain or make immediately available to the Department upon request employee training records (employee trained, but no records).

    3. Failure to provide the Department a copy of the manufacturer’s operating instructions, operating fact sheet, or written manufacturer’s bulletins.

    4. Failure to maintain the required operations manual written in the English language for each go-kart and go-kart track that includes a detailed scaled drawing of the go-kart type course, manufacturer’s maintenance instructions and specification for each go-kart, and written emergency plans.

    5. Failure to maintain the required operations manual written in the English language for water parks that contain general maintenance and cleanup procedures, equipment operation instructions and written emergency plans.

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

    (c) Major Violations. A violation of a Chapter 616, F.S., or this rule chapter is a major violation if it results in economic or physical harm to a person or adversely affects the public health, safety, or welfare or creates a significant threat of such harm. Major violations shall result in the imposition of an administrative fine against the owner of the amusement ride of $1,000 per violation, per day or suspension of the owner’s permit or inspection certificate for not more than one year or revocation the owner’s permit or inspection certificate or any combination thereof. Aggravating factors as defined in paragraph (6)(a) of this rule shall warrant the adjustment of the fine upward and mitigating factors as defined in paragraph (6)(b) of this rule shall warrant the adjustment of the fine downward, but no fine shall exceed the statutory maximum as outlined in Section 616.242(19)(a), F.S. For the purposes of this rule, the following violations shall be considered major violations due to their high potential for consumer harm:

    1. Operation of an amusement ride by an employee(s) who is/are not trained to operate or maintain the ride.

    2. Operating an amusement ride in a manner or circumstance that presents a risk of serious injury to patrons, which does not result in a reportable accident.

    3. Operating an amusement ride with a structural, mechanical or electrical defect, that affects patron safety, of which the owner or manager has knowledge, or through the exercise of reasonable diligence, should have knowledge, which does not result in a reportable accident.

    4. Operating an amusement ride in a manner or circumstance that presents a risk of serious injury to patrons, which results in a reportable accident.

    5. Operating an amusement ride with a structural, mechanical or electrical defect, that affects patron safety, of which the owner or manager has knowledge, or through the exercise of reasonable diligence, should have knowledge, which results in a reportable accident.

    6. Operating an amusement ride which has not been inspected and tested by the owner or manager in accordance with the requirements of Section 616.242(15), F.S.

    7. Operating an amusement ride without a current permit, affidavit of compliance/non-destructive testing, inspection certificate, insurance or bond or any combination of each.

    8. Operating an amusement ride by an employee who is under the influence of drugs or alcohol.

    9. Operating an amusement ride that has undergone a major modification without certification from a professional engineer that the amusement ride is in compliance with Section 616.242, F.S. or Chapter 5F-8, F.A.C.

    10. Operating an amusement ride in violation of any order of the Department, or any court, or an Immediate Final Order.

    11. Failure to provide track safety barriers that are constructed to prevent a vehicle from overturning or running over or under the barrier, as required by paragraph 5F-8.015(6)(b), F.A.C.

    12. Failure to describe and demonstrate to patrons emergency signals prior to operation of vehicles, as required by paragraph 5F-8.015(4)(n), F.A.C.

    13. Failure to instruct patrons as to safe operation procedures, as required by paragraph 5F-8.015(4)(o), F.A.C.

    14. Failure to enforce rules for safe operations, as required by paragraph 5F-8.015(4)(p), F.A.C.

    15. Operation of an amusement ride at a speed in excess of its maximum safe operating speed.

    Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (18), (19) FS. History–New________.

     

    5F-8.0128 Resolution of Violations, Settlement, and Additional Enforcement Remedies.

    (1) The Department and person charged with a violation may agree to resolve violations prior to an administrative hearing, or may enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule chapter shall not be construed to limit the authority of the Department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The Department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The Department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or Chapter 616, F.S.

    (2) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The Department shall impose administrative fines in a Default Final Order equal to the maximum amount allowable under Section 616.242(19), F.S.

    (3) A failure to comply with either a Final Order or a Default Final Order of the Department shall result in revocation the owner’s permit or inspection certificate and an administrative fine against the owner of the amusement ride of $2,500 per violation, per day. Additional penalties shall be sought through the enforcement of the order in circuit court.

    Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (18), (19) FS. History–New__________.

     

    5F-8.014 Training of Managers, Attendants and Maintenance Persons.

    The owner or manager shall maintain a record of employee training required by Section 616.242(16), F.S., on Department Form DACS 03431, Rev. 12/09, Employee Training Record.

    Rulemaking Specific Authority 616.165, 616.242(4) FS. Law Implemented 616.242(16) FS. History–New 7-31-94, Amended 2-14-99, 5-30-05,_________.

     

    5F-8.015 Regulation of Go-kart Tracks and Similar Vehicles.

    (1) through (3) No change.

    (4) Operations.

    (a) through (d) No change.

    (e) Every section of a track shall be monitored during its operation. Go-kart attendants shall be positioned so that they can observe go-kart operations and reach any section of the go-kart track immediately. In addition, observation of go-kart facility operations may be supplemented This shall be done visually by attendants or by electronic visual and audio means. Attendants shall not be engaged in the operation of other amusement rides although they may observe go-kart operations on an adjacent track.

    (f) through (p) No change.

    (5) No change.

    (6) Track and Course Requirements.

    (a) through (d) No change.

    (e) Every track shall be surrounded by a fence or barrier. Fencing and gates shall be in accordance with Rule 5F-8.0125, F.A.C. Fences manufactured after January 1, 1993 shall be in accordance with ASTM F-24 Committee Standard F 1159-92 (4th Edition 1992).

    (f) through (g) No change.

    (7) through (9) No change.

    Rulemaking Specific Authority 616.165, 616.242(15) FS. Law Implemented 616.242 FS. History–New 7-31-94, Amended 2-14-99, _______.

     

    5F-8.016 Regulation of Water Parks.

    (1) through (5) No change.

    (6) Operations.

    (a) The owner/manager shall operate each water related amusement ride in accordance with its operations manual and manufacturer requirements.

    (b) Owners or attendants shall instruct all patrons as to safe operation procedures.

    (c) Owners or attendants shall enforce all rules for safe operations.

    (7) Criteria.

    (a) No change.

    (b) The water park shall be fenced. Fencing and gates shall be in accordance with Rule 5F-8.0125, F.A.C. or otherwise effectively guarded. Individual water related amusement rides need not be fenced when the water park is fenced or provided with barriers.

    (c) through (d) No change.

    (8) No change.

    Rulemaking Specific Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242(4) FS. History–New 12-6-93, Amended 2-14-99,______.

     

    5F-8.025 Regulation of Bungy Operations.

    (1) through (24) No change.

    (25) Fences.

    (a) through (d) No change.

    (e) Fencing and gates shall be in accordance with Rule 5F-8.0125, F.A.C.

    (26) through (44) No change.

    Rulemaking Specific 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,________.

     

    5F-8.050 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 (zz) No change.

    (aaa) Sweeper Game. Turntables are made of 1/4'' mirror measuring 16 1/4'' in diameter. Sweeper arms are 9'' in length and made of steel.  Prize pucks are 1 1/2'' lengths with a diameter of 3/4'' to 1 1/2''. Only the patron can activate the sweeper arm by pushing the start button located in a wooden box.

    (aaa) through (fff) renumbered (bbb) through (ggg) No change.

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


    NAME OF PERSON ORIGINATING PROPOSED RULE: Isadore Rommes, Director, Division of Standards
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner of Agriculture
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 7, 2010
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 5, 2010

Document Information

Comments Open:
2/5/2010
Summary:
Rule 5F-8.011, F.A.C., Standards Adopted Update and Adopt current national standards for the inspection of amusement rides. Rule 5F-8.012, F.A.C., Bureau of Fair Rides Inspection Forms Update And Adopt Inspection Forms used by the Bureau and Industry. Rule 5F-8.009, F.A.C., Inspections by Owner or Manager Update language on owner/manager ride inspections. Rule 5F-8.0125, F.A.C., Fencing and Gate Standards Standardize fencing and gate standards for all amusement rides. Rule 5F-8.0126, F.A.C., ...
Purpose:
(1) to update and adopt current standards for the inspection of amusement rides (2) to revise Fair Rides Inspection Forms for the purpose of correcting revision dates & adopting changes to those forms adopted by the Bureau; (3) to adopt fencing and gate standards for all amusement rides operating within the state. (4) to adopt guidelines for imposing administrative remedies when the Department determines there is a violation of the statute or rules; (5) to clarify guidelines for attendants in ...
Rulemaking Authority:
616.165, 616.242(4) FS.
Law:
616.242 FS.
Contact:
Robert H. Jacobs, Bureau Chief of the Bureau of Fair Rides Inspections, 3125 Conner Blvd., Suite N., Tallahassee, Florida 32399-1650, phone: (850)488-9790
Related Rules: (12)
5F-8.0011. Standards Adopted
5F-8.0012. Bureau of Fair Rides Inspection Forms
5F-8.009. Inspections by Owner or Manager
5F-8.0125. Fencing and Gate Standards
5F-8.0126.
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