Standards Adopted, Bureau of Fair Rides Inspection Forms, Signage, Inspections by Owner or Manager, Fencing and Gate Standards, Enforcement Actions and Administrative Penalties, Training of Managers, Attendants, and Maintenance Persons, Regulation ...  

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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 or 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

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 60, March 28, 2017 issue of the Florida Administrative Register.

    5J-18.0011 Standards Adopted.

    The following standards, materials and practices are hereby adopted and incorporated by reference.  Copies of the these publications incorporated in subsections (1) through (7) 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 (7) No change.

    (8) Federal Motor Vehicle Safety Standard 218, section 571.218, Title 49, Code of Federal Regulations, 2011 Edition. A copy of this publication may be obtained by contacting the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 or the Division of Consumer Services, Bureau of Fair Rides Inspection at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or may be accessed online at http://www.flrules.org/Gateway     .

    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.

    No change.

    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.

    No change.

    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 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 FDACS-03424, Rev. 02/17, Owner’s Daily Inspection Report (Carnival Type); FDACS-03425, Rev. 02/17, Owner’s Daily Inspection Report (Water Park); FDACS-03426, Rev. 02/17, Owner’s Daily Inspection Report (Go Kart Track and Vehicle); FDACS-03427, Rev. 02/17, Owner’s Daily Inspection Report (Bungy). In lieu of the forms referenced in this section and incorporated by reference in Rule 5J-18.0012, F.A.C., the owner or manager may request approval of an alternative form by submitting the form to the department by e-mail to FairRides@FreshFromFlorida.com, by fax to (850)410-3797, or by mail to Bureau of Fair Rides Inspection, 2005 Apalachee Parkway Tallahassee, Florida 32399-6500. The department shall approve the alternative form for use if the alternative form includes, at a minimum, all information required on the applicable department form. Upon approval, an alternative form may be used to document daily inspections as required by Section 616.242(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.

    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) 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 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 (9)(b) of this rule. 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) through (9) 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 department form FDACS-03431, Rev. 02/17, 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 e-mail to FairRides@FreshFromFlorida.com, by fax to (850) 410-3797, or by mail to Bureau of Fair Rides Inspection, 2005 Apalachee Parkway Tallahassee, Florida 32399-6500. The department shall approve the alternative form for use if the alternative form includes, at a minimum, all information required on the applicable department form.  Upon approval, an alternative form may be used to document employee training as required by Section 616.242(16), F.S.

    Rulemaking Authority 616.165, 616.242(4), 616.242(16) (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 (3) No change.

    (4) Operations.

    (a) through (f) No change.

    (g) Helmets must be provided for all patrons desiring to use them. Each helmet must meet Federal Motor Vehicle Safety Standard 218, section 571.218 517.218, Title 49, Code of Federal Regulations, incorporated by reference in Rule 5J-18.0011, F.A.C. Aa copy of this material which may be obtained by writing to Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. or the Division of Consumer Services, Bureau of Fair Rides Inspection at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or may be accessed online at http://www.flrules.org/Gateway      .

    (h) through (p) No change.

    (5) Vehicle Requirements. In addition to the other requirements found in this chapter:

    (a) through (p) No change.

    (q) Owners shall provide all vehicles with safety restraints for each patron, and roll bars by July 1, 1994 unless the vehicle meets the specification of the manufacturer and the go-kart track’s insurance carrier insures the vehicle without safety restraints and roll bars.

    (6) 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.

    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 (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, ‘Dynamic Ropes’ UIAA 101, May 2016, and ‘Harnesses’ UIAA 105, May 2014, as incorporated by reference in paragraphs 5J-18.0011(6)(a) and (b), F.A.C.; or

    2. through 3. No change.

    (b) through (e) No change.

    (17) Ropes. All ropes for holding or lowering the jumper shall have a breaking load of at least 4,900 pounds and shall be certified by a professional engineer as being in accordance with the requirements of one of the following:

    (a) UIAA, Mountaineering and Climbing Equipment, ‘Dynamic Ropes’ UIAA 101, May 2016, as incorporated by reference in paragraph 5J-18.0011(6)(a), F.A.C. 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

    (b) 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

    (c) 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.

    (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, ‘Connectors/Karabiners’ UIAA 121, February 2016, as incorporated by reference in paragraph 5J-18.0011(6)(c), F.A.C.; or

    2. through 3. No change.

    (b) through (e) No change.

    (19) through (29) No change.

    (30) Staff and Duties. The owner shall maintain at least the following staff at each bungy jump:

    (a) Jump master. To be qualified as a Jump Master, a person shall be at least 18 years of age, and shall have had a minimum of 250 hours, and 1,250 jumps, of incident-free experience as a jump operator under the supervision of a qualified jump master at a bungy jumping operation. A jump master shall be responsible for the following:

    1. No change.

    2. The jump master He shall select the bungy cord and adjust the rigging appropriately for each jumper;

    3. The jump master He shall take the jumper through the final stages to the jump take-off. The jump master shall be present at the jump point during each jump;

    4. No change.

    5. The jump master He shall be responsible for the training of other bungy staff. All training shall be conducted by or under the direct supervision of a jump master;

    6.  through 7. No change.

    (b) through (e) No change.

    (31) through (36) No change.

    (37) Jump Procedures

    (a) No change.

    (b) There shall be a written pre-jump checklist for each jumper for the procedures contained in subparagraphs 3., 4., sub-subparagraphs 5.a.-h. of paragraph (37)(a). The pre-jump checklist shall contain the jumper’s name and the jump master shall sign and date the checklist certifying all procedures were performed. The pre-jump checklist shall be permanently maintained as part of the daily log.

    (c) through (d) No change.

    (38) 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         .