The rule revision for Standards Adopted are proposed for the purposes of adopting the 7th edition (2004) of the American Society for Testing and Materials F-24 Standards on Amusement Rides and Devices; the 10th edition (2005) of Article 525, ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Standards

RULE NO: RULE TITLE
5F-8.0011: Standards Adopted
5F-8.0012: Bureau of Fair Rides Inspection Forms
5F-8.003: Qualified Inspectors
PURPOSE AND EFFECT: The rule revision for Standards Adopted are proposed for the purposes of adopting the 7th edition (2004) of the American Society for Testing and Materials F-24 Standards on Amusement Rides and Devices; the 10th edition (2005) of Article 525, Carnivals, Circuses, Fairs and Similar Events of the National Electrical Code (NEC) Handbook; the 2006 edition of the National Fire Protection Association 101, Life Safety Code; the 2006 edition of the American Society for Testing and Materials Standards E 543-06, Standard Practice for Agencies Performing Nondestructive Testing; the 2001 edition of the American Society for Nondestructive Testing, Document SNT-TC-1A, Personnel Qualification and Certification in Nondestructive Testing; to revise references within the existing rules to reflect the most current version of each standard and to specify the use of each as guidelines for inspection of amusement rides.
The rule revision for Bureau of Fair Rides Inspection Forms is proposed for the purpose of correcting revision dates & form sequencing for DACS Forms 03419, 03420, 03421, 03422, 03423, 03424, 03425, 03426, 03427, 03429, 03430, 03432, 03433, 03434 from November 2004 (11/04) to October 2004 (10/04) that were incorrectly stated in the current rule and to change the revision date on DACS Forms 03428 and 03431 to January 2007 (01/07) to reflect updated and revised versions.
The rule revision for Qualified Inspectors is proposed for the purpose of removing reference to Glenn Barclay and Associates as providers of continuing education since this company is no longer in business for this purpose.
SUMMARY: This rule amends specific sections of Chapter 5F-8 to adopt and be consistent with current versions of adopted standards, correct and current Bureau of Fair Rides Inspection forms and to accurately reflect known companies that provide continuing education for qualified inspectors.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 616.242 FS.
LAW IMPLEMENTED: 616.242 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:
DATE AND TIME: June 18, 2007, 10:00 a.m.
PLACE: 3125 Conner Blvd., Suite N, Tallahassee, Florida 32399
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: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5F-8.0011 Standards Adopted.

The following standards are adopted for the inspection of amusement rides in this state.

(1) American Society for Testing and Materials F-24 (ASTM F-24) Standards on Amusement Rides and Devices, Seventh Fifth Edition, 2004 1995. A copy of the adopted ASTM standards can be obtained by writing the American Society for Testing and Materials at 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428; Phone [phone].

(2) Article 525, Carnivals, Circuses, Fairs and Similar Events, of the National Electrical Code (NEC) Handbook, 2005 1996 Edition. Notwithstanding the provisions of Article 525-13(a), all flexible cords or cables used shall meet the requirements for extra hard usage, damp location, as listed in Table 400-4 of the NEC. A copy of the adopted NEC standards can be obtained by writing the National Fire Protection Association at 1 Batterymarch Park, Quincy, Mass. 02269-0901; Phone [phone].

(3) National Fire Protection Association 101, Life Safety Code, (NFPA 101), Chapter 3.3.28.10, 12.4.7 and 13.4.7 8-4.6 and 9-4.6, Special Provisions for Amusement Buildings, 2006 1991 Edition. A copy of the adopted NFPA standards can be obtained by writing the National Fire Protection Association at 1 Batterymarch Park, Quincy, Mass. 02269-0901; Phone [phone].

(4) American Society for Testing and Materials (ASTM) Standards E 543-06, Standard Practice for Agencies Performing Nondestructive Testing, 2006 1996 Edition. A copy of the adopted ASTM standards can be obtained by writing the American Society for Testing and Materials at 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428; Phone [phone].

(5) American Society For Nondestructive Testing (ASNT) Document SNT-TC-1A, Personnel Qualification and Certification in Nondestructive Testing, 2001 1996 Edition. A copy of the adopted ASNT standard can be obtained by writing the American Society For Nondestructive Testing, 1711 Arlingate Lane, Post Office Box 28518, Columbus, Ohio 43228-0518; Phone [phone].

Specific Authority 616.165, 616.242(4) FS. Law Implemented 616.001, 616.242 FS. History–New 2-14-99, Amended__________.

 

5F-8.0012 Bureau of Fair Rides Inspection Forms.

(1) The following forms are adopted by this reference for use by the Bureau of Fair Rides Inspection in the amusement ride inspection program:

Form Number	Revised	Title
DACS 03419	10/04	Amusement Ride Inspection Report
DACS 03420	10/04	Water Park Amusement Ride Inspection Report
DACS 03421	10/04	Go Kart Amusement Ride Inspection Report (Track)
DACS 03422	10/04	Go Kart Amusement Ride Inspection Report (Vehicle)
DACS 03423	10/04	Bungy Jump Inspection Report
DACS 03424	10/04	Owner’s Daily Inspection Report (Carnival Type)
DACS 03425	10/04	Owner’s Daily Inspection Report (Water Park)
DACS 03426	10/04	Owner’s Daily Inspection Report (Go Kart Track and Vehicle)
DACS 03427	10/04	Owner’s Daily Inspection Report (Bungy)
DACS 03428	01/07	Written Accident Report
DACS 03429	10/04	Request for Inspection or Reinspection
DACS 03430	10/04	Mechanical, Structural or Electrical Defect Report
DACS 03431	01/07	Employee Training Record
DACS 03432	10/04	Amusement Ride Annual Permit Application
DACS 03433	10/04	Affidavit of Compliance and Nondestructive Testing
DACS 03434	10/04	Affidavit of Annual Inspection for Exempt Facilities

 

Form Number	Revised	Title
DACS 03419	11/04	Amusement Ride Inspection Report
DACS 03428	11/04	Written Accident Report
DACS 03420	11/04	Water Park Amusement Ride Inspection Report
DACS 03421	11/04	Go Kart Amusement Ride Inspection Report (Track)
DACS 03422	11/05	Go Kart Amusement Ride Inspection Report (Vehicle)
DACS 03423	11/04	Bungy Jump Inspection Report
DACS 03424	11/04	Owner’s Daily Inspection Report (Carnival Type)
DACS 03425	11/04	Owner’s Daily Inspection Report (Water Park)
DACS 03426	11/04	Owner’s Daily Inspection Report (Go Kart Track and Vehicle)
DACS 03427	11/04	Owner’s Daily Inspection Report (Bungy)
DACS 03430	11/04	Mechanical, Structural or Electrical Defect Report
DACS 03429	11/04	Request for Inspection or Reinspection
DACS 03432	11/04	Amusement Ride Annual Permit Application
DACS 03431	11/04	Employee Training Record
DACS 03433	11/04	Affidavit of Compliance and Nondestructive Testing
DACS 03434	11/04	Affidavit of Annual Inspection for Exempt Facilities

 

(2) Copies of all Bureau forms may be obtained by contacting the Department of Agriculture and Consumer Services, Bureau of Fair Rides Inspection at 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650; or by Phone at [phone], or by Fax at [phone].

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

 

5F-8.003 Qualified Inspectors.

(1) Each person seeking to perform amusement ride inspections as a Qualified Inspector (QI) for an insurance underwriter and execute the Affidavit of Compliance and Nondestructive Testing required for the annual permit shall provide the department the following documents and information:

(a) Written certification from an insurance company, which certification must be renewed by the insurance company every 3 years, verifying that the applicant is an employee or agent of the company and is authorized to act as a qualified inspector for that insurance company, which is insuring the amusement ride; and

(b) Information which will verify employment dates together with names and addresses of employers for such period of time as will demonstrate the required experience in the amusement ride field; at least two years of which were involved in actual ride inspection with an amusement ride manufacturer, government agency, park, carnival or insurance company; and

(c) A written statement or certificate from a school or seminar which demonstrates at least eighty hours of formal education from a school or seminar for amusement ride inspection or ride safety, which is approved by rule of the department, during the past five years. Nondestructive testing training that meets the requirements of American Society of Nondestructive Testing (ASNT) may be substituted for up to half of the required hours of formal education; and

(d) A written statement or certificate from a school or sponsor of a seminar showing thirty-two hours per year of continuing education annually at a school or schools, or a seminar, approved by the department. These continuing education hours may include in-service industry or manufacturer updates and seminars. Curriculum subjects considered for credits are those subjects included in schools or seminars conducted or sponsored by: National Association of Amusement Ride Safety Officials (NAARSO), Amusement Industry Manufacturers and Suppliers International (AIMS), Council for Amusement and Recreational Equipment Safety (CARES), Glenn Barclay and Associates or any nationally recognized amusement ride organization, ride inspector or ride safety training programs conducted or sanctioned by state or local government amusement ride regulatory agencies in any jurisdiction, exempt permanent facilities in the state of Florida, and vocational training programs that reasonably relate to amusement ride safety or inspection, or other nationally recognized programs relating to amusement ride inspection or ride safety. Nondestructive testing training that meets the requirements of ASNT may be substituted for up to half of the required hours of continuing education.

(e) When a Qualified Inspector possesses the requisite qualifications the department will provide the applicant a qualified inspector number designating that person as a qualified inspector for the purpose of executing the Affidavit of Compliance and Nondestructive Testing required for the annual permit. The qualified inspector number shall be used when executing the required affidavits. The qualified inspector number issued by the department to a qualified inspector shall be valid for one year, so long as the applicant possesses the qualifications required by Section 616.242(1), F.S.

(f) The department acknowledges the amusement ride education programs of NAARSO, AIMS, CNA Insurance, and Glynn Barclay and Associates, and the Pennsylvania Amusement Ride Safety Seminar, as educational programs meeting the department’s requirements to certify a qualified inspector.

(g) A sponsor or an attendee of any school or seminar that concerns, or is reasonably related to, amusement ride inspection or ride safety may request consideration as an educational program which meets the requirements of this rule by contacting the Bureau Chief, Bureau of Fair Ride Inspections, Suite N, Administration Building, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650; phone: [phone]; Fax: [phone].

(2) through (3) No change.

Specific Authority 616.165, 616.242(3)(q), (5) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 10-10-01, 5-30-05,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Robert H. Jacobs
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Paul Driggers, Director, Division of Standards, Suite E, Administration Building, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650; phone: [phone]; Fax: [phone]
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 20, 2007