The purpose of developing changes to these rules is to: (1) update materials incorporated by reference; (2) provide language regarding signage pursuant to sections 616.242 (4) (b), (c) and (d), F.S.; (3) ensure compliance with 2016 legislative ...  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Consumer Services

    RULE NOS.:RULE TITLES:

    5J-18.0011Standards Adopted

    5J-18.0012Bureau of Fair Rides Inspection Forms

    5J-18.007Signage

    5J-18.009Inspections by Owner of Manager

    5J-18.0125Fencing and Gate Standards

    5J-18.0127Enforcement Actions and Administrative Penalties

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

    5J-18.015Regulation of Go-Kart Tracks and Similar Vehicles

    5J-18.016Regulation of Water Parks

    5J-18.025Regulation of Bungy Operations

    PURPOSE AND EFFECT: The purpose of developing changes to these rules is to: (1) update materials incorporated by reference; (2) provide language regarding signage pursuant to sections 616.242 (4) (b), (c) and (d), F.S.; (3) ensure compliance with 2016 legislative changes to sections 616.242(15) and (16), F.S. pursuant to s. 37, Ch. 2016-166, L.O.F.; (4) amend the penalty structure to encompass the addition of new rule language; (5) update forms currently in use.

    SUMMARY: The proposed rules: (1) adopt updated materials incorporated by reference; (2) add standard requirements for signage prominently displayed at the entrance of amusement rides; (3) will allow owners and managers to submit ride specific daily inspection reports and employee training records for department approval in lieu of submitting department forms.  Forms must, at a minimum, include all information required on the forms currently prescribed by rule of the department; (4) amend the penalty structure to encompass language from Rule 5J-18.007, F.A.C.; and (5) update forms for compliance with statutory requirements.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule 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. Any person who wishes to provide information regarding the statement of estimated regulatory costs or to 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(4), (6), (15), (16) FS.

    LAW IMPLEMENTED: 616.242, 616.242(4), (15), (16), (18), (19) 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, 2005 Apalachee Parkway, Tallahassee, Florida 32399; (850)410-3838

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    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) through (5) No change.

    (6) UIAA (Union Internationale des Associations d’Alpinisme), Mountaineering and Climbing Equipment.

    (a) ‘Dynamic Ropes’ UIAA 101, May 2016.

    (b) ‘Harnesses’ UIAA 105, May 2014.

    (c) ‘Connectors/Karabiners’ UIAA 121, February 2016.

    Copies of these publications may be obtained by contacting the UIAA, Monbijouistrasse 61, Postfach, CH – 3000 Bern 23, Switzerland; www.theuiaa.org.

    (7) The National Fire Protection Association (NFPA) 1983 Standard on Life Safety Rope and Equipment for Emergency Services, 2012  Edition.  A copy of this publication may be obtained  by contacting the NFPA, 1 Batterymarch Park, Quincy, MA 02169-7471.

    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,                    .

     

    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 03401

    01/09

    Invoice

    FDACS 03419

    12/09

    Amusement Ride Inspection Report

    FDACS 03420

    12/09

    Water Park Amusement Ride Inspection Report

    FDACS 03421

    12/09

    Go-kart Amusement Ride Inspection Report (Track)

    FDACS 03422

    01/09

    Go-kart Amusement Ride Inspection Report (Vehicle)

    FDACS 03423

    12/09

    Bungy Jump Inspection Report

    FDACS 03424

    02/17 12/09

    Owner’s Daily Inspection Report (Carnival Type), http://www.flrules.org/Gateway

    FDACS 03425

    02/17 12/09

    Owner’s Daily Inspection Report (Water Park), http://www.flrules.org/Gateway

    FDACS 03426

    02/17 12/09

    Owner’s Daily Inspection Report (Go-kart Track/Vehicle), http://www.flrules.org/Gateway

    FDACS 03427

    02/17 12/09

    Owner’s Daily Inspection Report (Bungy), http://www.flrules.org/Gateway

    FDACS 03428

    01/09

    Written Accident Report

    FDACS 03429

    01/09

    Request for Inspection or Reinspection

    FDACS 03430

    01/09

    Mechanical, Structural or Electrical Defect Report

    FDACS 03431

    02/17 12/09

    Employee Training Record, http://www.flrules.org/Gateway

    FDACS 03432

    01/09

    Amusement Ride Annual Permit Application

    FDACS 03433

    04/09

    Affidavit of Compliance and Nondestructive Testing

    FDACS 03434

    02/17 01/09

    Affidavit of Annual Inspection for Exempt Facilities, http://www.flrules.org/Gateway

    FDACS 03545

    12/09

    Stop Operation Order

    FDACS 03546

    12/09

    Out of Service Tag

    FDACS 03550

    11/13

    Inspection Certificate, http://www.flrules.org/Gateway/reference.asp?No=Ref-03685

    FDACS 03557

    02/09

    Fair Rides Immediate Final Order

    FDACS 03558

    02/09

    Fair Rides Immediate Final Order Release

    Rulemaking Authority 616.165, 616.242(4), (5), (6), (7), (10), (11), (14), (15), (16) 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, 5-30-10, Formerly 5F-8.0012, Amended 2-26-14,                .

     

    5J-18.007 Signage.

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

    (a) age restrictions;

    (b) height restrictions;

    (c) health restrictions;

    (d) weight limitations;

    (e) special considerations or use restrictions; and

    (f) notice to properly secure loose clothing and hair as to not interfere with safe operations.

    (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 shall have additional signage prominently displayed at the entrances of the following amusement rides:

    (a) Grover Watkins, Hustler – signage shall include notice to properly secure loose clothing and hair as to not interfere with safe operations.

    (b) Grover Watkins, Tempest – signage shall include notice to properly secure loose clothing and hair as to not interfere with safe operations.

    Rulemaking Authority 616.165, 616.242(4)(b), (c) and (d) FS. Law Implemented 616.242 FS. History–New         .

     

    5J-18.009 Inspections by Owner or Manager.

    Prior to opening on each day of operation and prior to any inspection by the dDepartment 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 dDepartment, form FDACS-03424, Rev. 02/17 12/09, Owner’s Daily Inspection Report (Carnival Type); FDACS-03425, Rev. 02/17 12/09, Owner’s Daily Inspection Report (Water Park); FDACS-03426, Rev. 02/17 12/09, Owner’s Daily Inspection Report (Go Kart Track and Vehicle); FDACS-03427, Rev. 02/17 12/09, 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 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(15), F.S.

    Rulemaking Authority 616.165, 616.242(15) 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         .    

     

    5J-18.0125 Fencing and Gate Standards.

    ASTM International, F-24 Committee F-24 on Amusement Rides and Devices Designations F1159-11 F 1159-03a and F2291-14, as incorporated by reference in Rule 5J-18.0011, F.A.C. F 2291-09a 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         .      

     

    5J-18.0127 Enforcement Actions and Administrative Penalties.

    (1) This rule sets forth the guidelines the dDepartment will follow in imposing the penalties authorized under Chapter 616, F.S. 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 against the violator by the department. 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 dDepartment will enforce compliance with Chapter 616, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, a stop operation order, out of service tag, or an immediate final order for violations of Chapter 616, F.S., and this rule chapter.

    (3) through (4) No change. 

    (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 dDepartment 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) through (b) No change.

    (6) Aggravating and Mitigating Factors. The dDepartment 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. If a notice of noncompliance is issued for an initial violation, a second violation within a three-year period shall result in a fine of at least $250, not to exceed $2,500.  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 minor violation or a major violation as described in subsection (9) below.

    (a) Aggravating fFactors shall include:

    1. through 2. No change.

    3. Previous violations within the preceding three years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a notice of noncompliance, or suspension or revocation of a permit or inspection certificate enforcement action.

    4. No change.

    5. The violation was repeated within three years.

    6. through 13. renumbered 5. through 12. No change.

    (b) Mitigating fFactors shall include:

    1. No change.

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

    3. Substantiated fFinancial hardship.

    4. Acts of God or nature that impairs the ability of the violator to comply with Chapter 616, F.S., or this rule chapter Chapter 5J-18, F.A.C.

    5. through 9. No change.

    (7) through (8) No change.

    (9) Penalties.

    (a) No change.

    (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. through 6. No change.

    7. Failure to prominently display required signage at the entrance of each amusement ride.

    (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. through 6.  No change.

    7. Operating an amusement ride without a current permit, as outlined in Section 616.242(5), F.S. , affidavit of compliance/non-destructive testing, inspection certificate, or insurance or bond or any combination of each.

    8. Operating an amusement ride without an affidavit of compliance/non-destructive testing, as outlined in Section 616.242(6), F.S.

    9. Operating an amusement ride without an inspection certificate, as outlined in Section 616.242(7), F.S.

    10. Operating an amusement ride without insurance, as outlined in Section 616.242(9), F.S.

    8. through 15. renumbered 11. through 18. No change.

    Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (18), (19) FS. History–New 5-30-10, Formerly 5F-8.0127, Amended            .

     

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

    The owner or manager shall maintain the record of employee training required by Section 616.242(16), F.S., on dDepartment form FDACS-03431, Rev. 02/17 12/09, 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 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(16), F.S.

    Rulemaking Authority 616.165, 616.242(4), 616.242 (19) FS. Law Implemented 616.242(16) FS. History–New 7-31-94, Amended 2-14-99, 5-30-05, 5-30-10, Formerly 5F-8.014, Amended          .

     

    5J-18.015 Regulation of Go-Kart Tracks and Similar Vehicles.

    (1) through (2) No change.

    (3) Posted Signs. Each owner shall have a sign posted at the entrance to each track or in the pit area containing the following instructions and information for operation:

    (a) through (e) No change.

    (f) Properly secure loose clothing and hair as to not interfere with safe operations.

    (4) through (9) No change.

    Rulemaking Authority 616.165, 616.242(4), (15) FS. Law Implemented 616.242 FS. History–New 12-6-93, Amended 2-14-99, 5-30-10, Formerly 5F-8.015, Amended           .

     

    5J-18.016 Regulation of Water Parks.

    (1) through (4) No change.

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

    (a) No change.

    (b) Maintain appropriate water related amusement ride inspection records as required in Section 616.242(15), F.S., and section 4.1.4, F770-14 F 770-88, ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C.

    (6) through (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           .

     

    5J-18.025 Regulation of Bungy Operations.

    (1) through (3) No change. 

    (4) Equipment Design and Construction.

    (a) Prior to commencing bungy jump operations, the owner shall submit to the Department a professional engineer’s report certifying that the design and construction of the structures, equipment, access ways and operating areas meet the requirements of Chapter 616, F.S., and Chapter 5J-18, F.A.C., the applicable local laws, American Society of Testing and Materials (ASTM) International Committee F-24 Standards on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C., and other applicable Government Codes, and are certified by the engineer to be suitable for a bungy jumping operation. The engineer’s report shall also contain site plans, safety zones, drawings and specifications of equipment and structures, certification of the safety air bag, certification of the jumper safety harness, certification of the jump worthiness of the bungy cords to be used, and certification that the methods of attachment and location of attachment are the safest available.

    (b) No change.

    (5) 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 ASTM Standard F770-14, 4.1, F770-88-4.1., contained in ASTM International Committee F-24 Standards on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C. 4th Edition, 1992.

    (r) through (w) No change.

    (14) through (15) No change.

    (16) Jumper Harness. No bungy jump shall be operated unless the owner provides and requires each jumper to use a jumper harness that meets the following requirements:

    (a) A jumper harness shall be full body, designed either as a full body harness or a sit harness with shoulder straps and shall be certified by a professional engineer as being in accordance with the requirements of one of the following:

    1. UIAA, Mountaineering and Climbing Equipment, as incorporated by reference in paragraphs 5J-18.0011(6)(a) and (b), F.A.C. Chapters A, B, C, and E, General Regulations for the UIAA Label, Ropes for Mountaineering, Karabiners, and Harnesses, respectively, from Union Internationale Des Associations D’Alpinisme, hereby adopted by reference, 1380 Fairfield Woods Road, Fairfield, Connecticut 06430; or

    2. The National Fire Protection Association (NFPA) 1983 Standard on Life Safety Rope and Equipment for Emergency Services, 2012  Edition, as incorporated by reference in subsection 5J-18.0011(7), F.A.C.  Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition, hereby adopted by reference, copies of which may be obtained from NFPA, P. O. Box 9101, Quincy, Mass. 02269-9101; or

    3. The American National Standards for Construction and Demolition Operations – Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use approved on July 31, 1991 by the American National Standards Institute, Inc. and published by the National Safety Council, hereby adopted by reference, copies of which may be obtained from National Safety Council, 1121 Spring Lake Drive, Itasca, IL 60143-3201.

    (b) through (e) No change.

    (17) No change.

    (18) Hardware.

    (a) Karabiners shall be of the steel screw gate type with a breaking load of at least 4,400 pounds and shall be certified by a professional engineer as being in accordance with requirements of one of the following:

    1. UIAA, Mountaineering and Climbing Equipment, as incorporated by reference in paragraph 5J-18.0011(6)(c), F.A.C. Chapters A, B, C, and E, General Regulations for the UIAA Label, Ropes for Mountaineering, Karabiners, and Harnesses, respectively, from Union Internationale Des Associations D’Alpinisme, hereby adopted by reference, 1380 Fairfield Woods Road, Fairfield, Connecticut 06430; or

    2. The National Fire Protection Association (NFPA) 1983 Standard on Life Safety Rope and Equipment for Emergency Services, 2012  Edition, as incorporated by reference in subsection 5J-18.0011(7), F.A.C. Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition, hereby adopted by reference, copies of which may be obtained from NFPA, P. O. Box 9101, Quincy, Mass. 02269-9101; or

    3. The American National Standards for Construction and Demolition Operations – Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use approved on July 31, 1991 by the American National Standards Institute, Inc. and published by the National Safety Council, hereby adopted by reference, copies of which may be obtained from National Safety Council, 1121 Spring Lake Drive, Itasca, IL 60143-3201.

    (b) Pulleys and shackles shall have a minimum breaking load of at least 4,400 pounds and shall be certified by a professional engineer as being in accordance with the requirements of one of the following:

    1. Chapters A, B, C, and E General Regulations for the UIAA Label, Ropes for Mountaineering, Karabiners, and Harnesses, respectively, from The Union Internationale Des Associations D’Alpinisme; or

    2. tThe National Fire Protection Association (NFPA) 1983 Standard on Life Safety Rope and Equipment for Emergency Services, 2012  Edition, as incorporated by reference in subsection 5J-18.0011(7), F.A.C. Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition, hereby adopted by reference, copies of which may be obtained from NFPA, P. O. Box 9101, Quincy, Mass. 02269-9101; or

    3. The American National Standards for Construction and Demolition Operations – Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use approved on July 31, 1991 by the American National Standards Institute, Inc. and published by the National Safety Council, hereby adopted by reference, copies of which may be obtained from National Safety Council, 1121 Spring Lake Drive, Itasca, IL 60143-3201.

    (c) through (e) No change.

    (19) through (24) No change.

    (25) Fences.

    (a) through (c) No change.

    (d) Prior to commencing bungy jump operations, the owner shall submit to the dDepartment a professional engineer’s report certifying that the design and construction of the fences or barricades meet the requirements of Chapter 616, F.S., and Chapter 5J-18, F.A.C., the applicable local laws, ASTM International Committee F-24 Standards on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C., and other applicable Government Codes, and are certified by the engineer to be suitable for a bungy jumping operation.

    (e) No change.

    (26) through (34) No change.

    (35) Operating Manual and Documentation. The owner shall provide and maintain an operating manual at each bungy site in accordance with ASTM International Committee F-24 standards on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C., and the following requirements:

    (a) through (d) No change.

    (36) through (42) No change.

    (43) Engineer Certification.

    (a) Prior to conducting bungy jump operations in this state, the owner shall provide to the Department an affidavit, or affidavits, executed by a professional engineer, or professional engineers, containing the following information:

    1. through 2. No change.

    3. The engineer certifies that the bungy cords to be used in the bungy jump operation, as well as the manufacturing process for the bungy cords, including quality control methods, have been personally examined and reviewed and that the engineer found all types of bungy cords and the manufacturing process to conform in all applicable respects to Section 616.242, F.S., this rule chapter, and ASTM International Committee F-24 Standards on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C. The engineer shall further certify that the bungy cords tested and certified pursuant to subsection (4) of this rule were manufactured by the same manufacturing process as those cords which are to be used in the bungy jumping operations.

    4. through 7. No change.

    8. The engineer certifies the bungy jump operation has been inspected and is in compliance with Chapter 616, F.S., ASTM International Committee F-24 standards on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C., and this rule.

    9. No change.

    (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         .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Amy Topol, Director, Consumer Services

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 22, 2017

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 8, 2016

Document Information

Comments Open:
3/28/2017
Summary:
The proposed rules: (1) adopt updated materials incorporated by reference; (2) add standard requirements for signage prominently displayed at the entrance of amusement rides; (3) will allow owners and managers to submit ride specific daily inspection reports and employee training records for department approval in lieu of submitting department forms. Forms must, at a minimum, include all information required on the forms currently prescribed by rule of the department; (4) amend the penalty ...
Purpose:
The purpose of developing changes to these rules is to: (1) update materials incorporated by reference; (2) provide language regarding signage pursuant to sections 616.242 (4) (b), (c) and (d), F.S.; (3) ensure compliance with 2016 legislative changes to sections 616.242(15) and (16), F.S. pursuant to s. 37, ch. 2016-166, L.O.F.; (4) amend the penalty structure to encompass the addition of new rule language; (5) update forms currently in use.
Rulemaking Authority:
616.165, 616.242(4), (6), (15), (16) FS.
Law:
616.242, 616.242(4), (15), (16), (18), (19) FS.
Contact:
Michelle Faulk, 2005 Apalachee Parkway, Tallahassee, Florida 32399; (850) 410-3838.
Related Rules: (10)
5J-18.0011. Standards Adopted
5J-18.0012. Bureau of Fair Rides Inspection Forms
5J-18.007. Signage
5J-18.009. Inspections by Owner or Manager
5J-18.0125. Fencing and Gate Standards
More ...