Additional Nondestructive Testing of Amusement Rides Required

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5JER17-5Additional Nondestructive Testing of Amusement Rides Required

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: On July 26, 2017, a fatal accident involving the Fireball amusement ride occurred at the Ohio State Fair. According to the ride’s manufacturer, a post-incident inspection revealed that “excessive corrosion on the interior of the gondola support beam dangerously reduced the beam’s wall thickness over the years,” which “led to the catastrophic failure of the ride during operation.” The department has confirmed that manufacturers of similar style amusement rides have not provided specific testing requirements to ensure that single point suspensions comparable to those present on the Fireball meet the manufacturers’ specifications for material thickness. Furthermore, the visual inspections currently required are insufficient to detect this problem. Additional, nonvisual testing of the Fireball and of similar amusement rides is necessary to prevent similar catastrophic failures from occurring in the future. Specifically, requiring nonvisual metal fatigue testing for wall thickness of the sealed tubular components of the specified amusement rides will ensure that metal thickness is consistent with manufacturer specifications prior to use by patrons in the state of Florida.

Traditionally, Florida’s fair ride season begins October 1. As a result, the department finds there is an immediate danger to the health, safety, and welfare of fair patrons and riders of the Fireball and similar rides in the state of Florida.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: This emergency rule was initiated after consultation with several board and industry members concerned with the safety of patrons in Florida. Furthermore, Bureau of Fair Rides Inspection management has spoken with owners of similar devices and have been told that metal thickness is a concern of the owners and managers as well as the department. This emergency rule will alleviate department concerns regarding metal thickness and manufacturer specifications ensuring that amusement rides are safe to operate in Florida.

SUMMARY: This emergency rule will mandate specific testing for amusement rides listed to ensure that metal thickness of the sealed tubular components of the ride are in compliance with manufacturer specifications.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Michelle Faulk, Senior Management Analyst II, 2005 Apalachee Parkway, Tallahassee, Florida 32399; [phone].

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

5JER17-5 Additional Nondestructive Testing of Amusement Rides Required

(1) In addition to all other testing required pursuant to section 616.242, Florida Statutes, the amusement rides listed below must undergo nondestructive nonvisual metal fatigue testing of wall thickness of all sealed tubular components.

(2) The owner or manager shall consult with the manufacturer of the amusement ride to determine specifications for acceptable wall thickness of all sealed tubular components for each amusement ride.

(3) If nondestructive nonvisual metal fatigue testing demonstrates that all sealed tubular components meet wall thickness specifications, the owner or manager of the amusement ride shall provide the nondestructive testing documentation in English to the Bureau of Fair Rides Inspection.  Such documentation shall be from the manufacturer of the amusement ride, an ASNT level II or III certified technician, or the reporting laboratory certifying that the wall thickness specifications have been met.

(a) All such documentation shall be based upon nondestructive nonvisual metal fatigue testing occurring on or after August 1, 2017.

(b) Amusement rides for which no such documentation has been provided to the Bureau of Fair Rides shall not be operated in Florida.

(4) The following amusement rides are subject to the requirements set forth in this rule:

(a) Confolding – Extreme;

(b) KMG – Fireball, Afterburner, Freakout, Fuerball, Wildclaw, Beach Party, Speed, Tango;

(c) Technical Park – Chaos, Streetfighter, Dreamcatcher, High Energy, Pegasus, Delusion, Sky Fighter, Stinger, Extreme;

(d) Tivoli – Spin Out; and

(e) Zamperla – Discovery, Nitro, Powersurge.

Rulemaking Authority 616.165, 616.242 FS. Law Implemented 616.242(4)b, 616.242(6)FS. History – New 9-22-17.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: 9/22/17