Standards Adopted, Bureau of Fair Rides Inspection Forms, Qualified Inspectors, Enforcement Actions and Administrative Penalties
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5J-18.0011Standards Adopted
5J-18.0012Bureau of Fair Rides Inspection Forms
5J-18.003Qualified Inspectors
5J-18.0127Enforcement Actions and Administrative Penalties
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. 45 No. 154, August 8, 2019 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 following publications may be obtained from the sources referenced below and are available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and 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 materials referenced in subsections (1) through (7) on the internet for purposes of public examination would violate federal copy right law.
(1) 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, 5-2-19, .
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 03424
07/19
Fair Rides Owner’s Daily Inspection Report (Carnival Type),
FDACS 03425
07/19
Fair Rides Owner’s Daily Inspection Report (Water Park),
FDACS 03426
07/19
Fair Rides Owner’s Daily Inspection Report (Go-kart Track/Vehicle),
FDACS 03427
07/19
Fair Rides Owner’s Daily Inspection Report (Bungy),
FDACS 03428
07/19
Fair Rides Written Accident Report
FDACS 03430
07/19
Fair Rides Mechanical, Structural or Electrical Defect Report
FDACS 03431
07/19
Fair Rides Employee Training Record,
FDACS 03433
07/19
Fair Rides Affidavit of Compliance and Nondestructive Testing
FDACS 03434
02/17
Affidavit of Annual Inspection for Exempt Facilities,
FDACS 03435
07/19
Fair Rides Request for Inspection or Re-Inspection & Annual Permit Application
FDACS 03436
07/19
Fair Rides Release Notice
FDACS 03437
07/19
Fair Rides Stop Operation Order
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)(a)1., (11), (14), (15), (16) FS. Law Implemented 616.242(4), (5), (6), (7), (10)(a)1., (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, 10-14-18, .
5J-18.003 Qualified Inspectors.
(1) No change.
(a) through (d) No change.
(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 Fair Rides 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(3)(q), F.S.
(f) through (g) No change.
(2) Each person seeking authorization to perform amusement ride inspection as a Professional Engineer (PE) and execute the Fair Rides Affidavit of Compliance and Nondestructive Testing required for the Annual Permit shall submit to the department a copy of his or her professional engineer’s license issued by the Department of Business and Professional Regulation of the State of Florida or the equivalent licensing body in another state. Upon receipt of proof of current licensure the department will acknowledge receipt of that license in writing. A PE shall use their professional engineer’s license number when executing the Fair Rides Affidavit of Compliance and Nondestructive Testing required for the annual permit. The authorization to execute the Fair Rides Affidavit of Compliance and Nondestructive Testing shall remain valid for one year, unless the QI or PE ceases to possess the qualifications required by law.
(3) through (4) No change.
(5) When a QI or PE no longer possesses the qualifications required by section 616.242(3)(q), F.S., that person shall immediately notify the department by fax: (850) 410-3797; or by email to FairRides@FreshFromFlorida.com, and shall cease to act as a qualified inspector.
Rulemaking 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, 10-2-07, Formerly 5F-8.003, Amended .
5J-18.0127 Enforcement Actions and Administrative Penalties.
(1) No change.
(2) The department will enforce compliance with Chapter 616, F.S., and this rule chapter by issuing an
administrative complaint, notice of noncompliance, a stop operation order, or an immediate final order for violations of Chapter 616, F.S., and this rule chapter.
(3) Stop Operation Orders. A stop operation order, which acts as an immediate final order, is necessary to effectuate the statutory duties of the Department in the interest of public health, safety, and welfare and is necessary to promote patron safety in the design, construction, assembly, disassembly, maintenance, and operation of amusement rides in Florida. A stop operation order will be used to prohibit the operation of an amusement ride that fails to comply with the requirements of Chapter 616, F.S., or this rule chapter. Once the amusement ride is in compliance with the requirements of Chapter 616, F.S., and this rule chapter, the stop operation order shall be released by the department using form FDACS 03436, Fair Rides Release Notice, 07/19, incorporated by reference in rule 5J-18.0012, F.A.C.
(4) 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 7-27-17, .
