The purpose of developing changes to these rules is to: update materials incorporated by reference; provide a version and method of obtaining referenced incorporated forms; add email as an option for sending requests for inspection, cancellation or ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-18.0012Bureau of Fair Rides Inspection Forms

5J-18.004Nondestructive Testing of Amusement Rides

5J-18.005Request for Inspections, Reinspections

5J-18.024Exempt Nonmotorized or Human Powered Amusement Rides

PURPOSE AND EFFECT: The purpose of developing changes to these rules is to: update materials incorporated by reference; provide a version and method of obtaining referenced incorporated forms; add email as an option for sending requests for inspection, cancellation or return inspections; and provide language to exempt permanent facilities that operate non-mechanical haunted houses on a seasonal basis for no more than 60 calendar days per year during the months of September, October, and November.

SUMMARY: The proposed rules: (1) update materials incorporated by reference; (2) provide a version and method for obtaining referenced incorporated forms; (3) permit companies to submit requests for inspection and cancellation via email; and (4) add non-mechanical haunted houses operated on a seasonal basis for no more than 60 calendar days to the non-motorized human powered exemption.

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.

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:

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)(b), (6), (7), (10), (10)(b), (11), (14), (15), (16) FS.

LAW IMPLEMENTED: 616.241, 616.242, (4), (4)(b), (5), (6), (7), (10), (11), (14), (15), (16) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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-18.0012 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	Owner’s Daily Inspection Report (Carnival Type), http://www.flrules.org/Gateway/reference.asp?No=Ref-08430
FDACS 03425	02/17	Owner’s Daily Inspection Report (Water Park), http://www.flrules.org/Gateway/reference.asp?No=Ref-08468
FDACS 03426	02/17	Owner’s Daily Inspection Report (Go-kart Track/Vehicle), http://www.flrules.org/Gateway/reference.asp?No=Ref-08469
FDACS 03427	02/17	Owner’s Daily Inspection Report (Bungy), http://www.flrules.org/Gateway/reference.asp?No=Ref-08470
FDACS 03428	01/09	Written Accident Report
FDACS 03429	06/18 01/09	Request for Inspection or Reinspection, http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03430	01/09	Mechanical, Structural or Electrical Defect Report
FDACS 03431	02/17	Employee Training Record, http://www.flrules.org/Gateway/reference.asp?No=Ref-08471
FDACS 03432	01/09	Amusement Ride Annual Permit Application
FDACS 03433	04/09	Affidavit of Compliance and Nondestructive Testing
FDACS 03434	02/17	Affidavit of Annual Inspection for Exempt Facilities, http://www.flrules.org/Gateway/reference.asp?No=Ref-08472
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, 7-27-17,                              .

 

5J-18.004 Nondestructive Testing of Amusement Rides

(1) Nondestructive testing of amusement rides shall be conducted in accordance with the requirements of Section 616.242(6), F.S., and shall be reported to the department for each amusement ride by the Qualified Inspector or PE on department form FDACS-03433, Affidavit of Compliance and Nondestructive Testing, Rev. 04/09, incorporated by reference in Rule 5J-18.0012, F.A.C.

(2) through (3) No change.

Rulemaking Authority 616.165, 616.242, (4), (6) FS. Law Implemented 616.242, (4)(b), (6) FS. History–New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.004, 2-22-18, Amended                    .

 

5J-18.005 Request for Inspections, Reinspections.

(1) All requests for inspection or reinspection by the department shall be submitted to the Bureau of Fair Rides Inspection, in writing, at the Bureau’s main office, identified at Rule 5J-18.0012, F.A.C., on department form FDACS-03429, Request for Inspection or Reinspection, Rev. 06/18 incorporated by reference in Rule 5J-18.0012, F.A.C., in accordance with the requirements of Section 616.242(7), F.S. All requests for inspection or reinspection will be scheduled in the order received.

(2) through (4) No change.

(5) When an inspection request is timely submitted, the Department will allow a variation of plus or minus 10% from the number of rides for which inspection was initially requested, without assessing additional fees for late inspection requests or for failing to cancel inspection requests, as set forth in Rule 5J-18.012, F.A.C. pursuant to subsections 5J-18.012(8) and (9), F.A.C.

(6) The department will accept a written request for inspection or cancellation of a request for inspection, by email in writing, delivered by mail, private delivery service,  or by fax transmission.

(a) Requests for inspection or cancellation of a request for inspection, sent by personal delivery, mail or private delivery service, if delivered on a day other than a working day, will be considered received by the department on the next working day.

(b) Requests for inspection, reinspection, or cancellation of a request sent by email or fax FAX transmission and received outside of normal business hours, 8 a.m. through 5 p.m., or on a day other than a working day, will be considered received by the department on the next working day.

(7) through (9) No change.

Rulemaking Authority 616.165, 616.242(7) FS. Law Implemented 616.241, 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 11-4-02, 5-30-05, Formerly 5F-8.005, Amended                    .

 

5J-18.024 Exempt Nonmotorized or Human Powered Amusement Rides.

The following amusement rides, and those of comparable construction or function, are exempt from permitting and inspection by the department pursuant to Section 616.242(10)(b), F.S., because they are nonmotorized or human powered.

(1) through (7) No change.

(8) Any haunted house that is a permanent amusement ride having no motorized, mechanical components, and that is not operated for more than 60 calendar days per year during the months of September, October, and November.

Rulemaking Authority 616.165, 616.242(4)(b), (10)(b) FS. Law Implemented 616.242 FS. History–New 10-10-01, Amended 5-30-05, Formerly 5F-8.024, Amended              .

 

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 8/9/18

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 8/13/18