The purpose of this rulemaking is to update and adopt materials incorporated by reference, and to update material references.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-18.0011Standards Adopted

5J-18.0125Fencing and Gate Standards

5J-18.016Regulation of Water Parks

5J-18.025Regulation of Bungy Operations

PURPOSE AND EFFECT: The purpose of this rulemaking is to update and adopt materials incorporated by reference, and to update material references.

SUMMARY: The proposed rules adopt ASTM International Designations and American Society of Nondestructive

Testing (ASNT) standards. Adopting the current versions will keep Florida’s rules consistent with national standards that are in use in the industry.

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.

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.

RULEMAKING AUTHORITY: 616.165, 616.242(4), (4)(c), (6) FS.

LAW IMPLEMENTED: 616.242, (4) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME:

PLACE:

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Faulk, 2005 Apalachee Parkway, Tallahassee, Florida 32399; [phone].

 

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

(a) F747-1506 “Standard Terminology Relating to Amusement Rides and Devices.”

(b) F770-1814 “Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices.”

(c) F1159-1611 “Standard Practice for Design of Amusement Rides and Devices that are Outside the Purview of Other F24 Design Standards and Manufacture of Patron Directed, Artificial Climbing Walls, Dry Slide, Coin Operated and Purposeful Water Immersion Amusement Rides and Devices and Air-Supported Structures.”

(d) F1193-1806 “Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices.”

(e) F1957-99 (2017 2011) “Standard Test Method for Composite Foam Hardness-Durometer Hardness.”

(f) No change.

(g) F2137-1613 “Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices.”

(h) F2291-1814 “Standard Practice for Design of Amusement Rides and Devices.”

(i) F2374-1710 “Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices.”

(j) F2375-09 (20172009) “Standard Practice for Design, Manufacture, Installation and Testing of Climbing Nets and Netting/Mesh Used in Amusement Rides, Devices, Play Areas and Attractions.”

(k) F2376-17a13 “Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems.”

(l) No change.

(m) F2461-1809 (2009) “Standard Practice for Manufacture, Construction, Operation, and Maintenance of Aquatic Play Equipment.”

(n) F2959-1814 “Standard Practice for Special Requirements for Aerial Adventure Courses.”

(o) F2960-16 “Standard Practice for Permanent Amusement Railway Ride Tracks and Related Devices.”

(p)(o) F2974-1813 “Standard Practice Guide for Auditing Amusement Rides and Devices.”

(q) F3054-18 “Standard Practice for Operations of Amusement Railway Rides, Devices, and Facilities.”

(r) F3133-16 “Standard Practice for Classification, Design, Manufacture, Construction, Maintenance, and Operation of Stationary Wave Systems.”

(s) F3158-16 “Standard Practice for Patron Transportation Conveyors Used with a Water Related Amusement Ride or Device.”

(t) F3214-18 “Standard Practice for Characterization of Fire Properties of Materials Specified for Vehicles Associated with Amusement Rides and Devices.”

The above referenced F-24 Committee standards are compiled by ASTM International in the 2018 2014 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]; www.astm.org.

(2) through (3) No change.

(4) ASTM International Designation E543-1513, “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 [phone]; www.astm.org.

(5) American Society for Nondestructive Testing (ASNT), Recommended Practice No. SNT-TC-1A, “Personnel Qualification and Certification in Nondestructive Testing,” 20162011 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 [phone]; www.asnt.org.

(6) 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,                     .

 

5J-18.0125 Fencing and Gate Standards.

ASTM International Committee F-24 on Amusement Rides and Devices Designations F1159-1611 and F2291-1814, 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,.

 

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, F770-1814, 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 7-27-17,                            .

 

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 ASTM Standard F770-1814, 4.1., contained in ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in rule 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,                    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michelle Faulk, Senior Management Analyst II

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 12, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 18, 2019