The purpose of this rulemaking is to update ASTM standards; modernize forms; increase requirements for the review of operations manuals, maintenance and training records; strengthen rules for oversite of qualified inspectors and professional ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-18.001Definitions

5J-18.0011Standards Adopted

5J-18.0012Bureau of Fair Rides Inspection Forms

5J-18.002Application for Annual Permit, USAID Number

5J-18.003Qualified Inspectors

5J-18.004Nondestructive Testing of Amusement Rides

5J-18.005Request for Inspections, Reinspections

5J-18.0051Inspection Standards

5J-18.009Inspections by Owner or Manager

5J-18.012Fees

5J-18.0127Enforcement Actions and Administrative Penalties

5J-18.014Training of Managers, Attendants, and Maintenance Persons

5J-18.0142Reporting of Accidents and Mechanical, Structural or Electrical Defects

5J-18.015Regulation of Go-Kart Tracks and Similar Vehicles

5J-18.016Regulation of Water Parks

5J-18.024Exempt Nonmotorized or Human Powered Amusement Rides

PURPOSE AND EFFECT: The purpose of this rulemaking is to update ASTM standards; modernize forms; increase requirements for the review of operations manuals, maintenance and training records; strengthen rules for oversite of qualified inspectors and professional engineers; increase department monitoring and requirements for non-destructive testing; strengthen scheduling requirements; remove the option for weekend inspections for late requests; increase training for industry employees involved in maintenance, set-up and inspections of rides; increase record keeping to assist in monitoring of repairs, maintenance and inspections; increase fees to cover costs of inspection program and update penalties to address new requirements.

SUMMARY: Amend rules to update ASTM standards and department forms; increase requirements at time of permit to include scheduling requirements; increase fees for the inspection program; update program requirements pertaining to inspection, maintenance and repairs of amusement rides.

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: The proposed rules update adopted ASTM standards; update department forms for purposes of clarity and efficiency; revise department forms to be consistent with proposed changes to rule text; increase fees for the inspection program in accordance with paragraph 616.242(8)(a), Florida Statutes; update program requirements pertaining to inspection, maintenance and repairs of amusement rides. According to the department’s economic analysis, the adverse impact or potential regulatory costs of the proposed rules do not exceed any of the criteria established in paragraph 120.541(2)(a), Florida Statutes. The department relied upon information in the Fair Rides database regarding the number of amusement ride owners operating in Florida on an annual basis and the number and types of amusement rides inspected and permitted in Florida every year to determine the estimated impacts of the proposed additional training requirements and fee increases. The department relied upon the American Society for Testing and Materials (ASTM) website to determine approximate costs of the proposed updates to standards incorporated by reference. The department determined that none of the proposed rules referenced above will have an adverse impact on small business, and none of the proposed rules is likely to directly or indirectly increase the regulatory costs in Florida in excess of $200,000.00 in the aggregate within one year after implementation. Section 120.54(3)(b)1., Florida Statutes. Additionally, no interested party submitted additional information regarding the economic impact.

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(3)(q), (4), (4)(b), (4)(c), (5), (6), (7), (8), (10), (10)(b), (11), (13), (14), (15), (16) FS.

LAW IMPLEMENTED: 616.001, 616.241, 616.242, (4), (4)(b), (5), (6), (7), (8), (10), (11), (14), (15), (16), (18), (19) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 15, 2019, 2:30 p.m.

PLACE: Orlando Marriott Lake Mary, 1501 International Parkway, Orchid Room 1 & 2, Lake Mary, FL 32746

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Michelle Faulk at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Faulk, Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, phone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-18.001 Definitions.

The definitions in sections 616.001 and 616.242(3), F.S., and the following definitions shall apply:

(1) through (3) No change.

(4) Super Amusement Ride – Means an amusement ride which, because of its design, size, passenger capacity, restraint system or operating characteristics, requires an extensive or extraordinary amount of inspection time to assure compliance with requirements of law and rule, when compared with kiddie or non-kiddie amusement rides. The following amusement rides, and all like rides are classified as super amusement rides.

Amusement Ride Manufacturer	Amusement Ride Name
AK Rides	Swing Tower, Starflyer, Skyflyer
Allen Hershell	Flying Bobs
Arrow Dynamics	Flume Ride
Bertazzon	Super Himalaya, Swing Carousel
Blackmon Engineering	Vertical Accelerator
Bruno Rixen	Cable Water Ski, Knee Ski
Bungee Adventure	Ejection Seat, Ripline
Chance Rides	Century Wheel, Giant Wheel, Chaos, Falling Star, Gentle Giant, Gondola Wheel, Inverter, Slingshot, Sky Wheel, Flying Bobs, Alpine Bobs, Thunderbolt, Rock-n-Roll, Music Fest, Himalaya
Cosmont	Jaguar Express
Euro Rides	Double Shock, Shock Wave
FarFabri/Fabbri	Backlash, Banzi, Bonzai, Crazy Dance, Evolution, Flipper, Footloose, Force 10, Megadrops, Space Loop
Funtime	Ejection Seat
Funtime Handles	Slingshot, Orlando Starflyer
Future Amusements	Wild Thang
Gravity Works	Blender, Ejection Seat, Skyscraper
Harper & Parsons	Vertical Accelerator
Heinrich Mack	Runaway Trains, See Sturm Bahn, Raupen Bahn, Polar Express, Cortina Bob
Inta Fair Holland	Giant Wheel
Huss Heiner	1001 Nachts, Enterprise, Pirate, Pirate Ship, Rainbow, Top Spin, Tornado
Intamin Inc.	Island In the Sky, Parachute Ride, Orlando Eye
Interpark	Galaxy Coaster, Zyclon
K.T. Emmitt	Devastator
K.T. Enterprises	Twister
K.M.G.	Fireball, Wild Claw, Tango, Space Port, Cyclops, Freakout, Speed, Inversion, Super Spin, Experience, Sky Swing, Fun Factory, Hurricane, Khaos, Air Raid, Hydra
Larson/Hi Roller Mfg/LMC	Ring of Fire, Superloop, Fireball
Leap of Faith	Wild Claw
Majestic Rides Mfg.	Music Express
MCL Park	Giant Wheel, Gondola Wheel
Modail	Space Roller, Fighter
Mulligan Enterprises	Giant Wheel, Gondola Wheel
O.D. Hopkins	Sky Lift, Sky Ride, Sky Glider
Oceaneering International	Shuttle Launch Experience
Philadelphia Toboggan	Roller Coaster
Pinfari	Looping Roller Coaster, Zyclon
Pro Drag LLC	Nitro Alley Dragster
Reverchon	Explorer, Log Flume, White Water, Niagra Flume, Roc-N-Rapids, White Water Flume, Wild River, Himalaya, Bee Bop Express, Polar Express
Rides R Us	Human Slingshot
S & S Power	Double Shot Towers, Snow Shot, Space Shot, Screamin Swing
Schiff	Roller Coaster
Schwarzkofp	Dopple Loop, Log Flume, Wildcat Coaster, Swiss Bobs, Enterprise
S.P.C.	Moonraker, Mark I, Gondola Wheel, Pirate Ship, Hang 10
Sky Fun I	Sky Coaster
Sky Venture	I Fly Sky Venture
Soriani Moser	Crazy Flip, Dream Machine, Drop of Fear, Extacy, Flip N Out, G Force, Star Force, Wild River
	Raft, Wind Shear
Technical Park	Dream Wheel, Extreme, Street Fighter, Street Fighter 360, High Energy, Ciclone, Vortex, Chaos, Fly Surf, Pegasus, Delusion, Stinger, Hyperloop, S.F. Revolution
The Joseph Co.	Vertical Accelerator
Top Fun	Terminator
Tivoli	Force 10, Spinout, Orbitor, Predator, Scorpion, Typhoon
Tower Specialties	Ricky’s Rocket, Vertical Accelerator
Universal	Sky Ride
Widsom/WMI Industries	Gravitron/Starship type amusement rides; Stampede
Winkler	Swing Tower, Starflyer, Skyflyer
Zierer	Flitzer, Racing Flitzer, Wave Swinger
Zamperla	Energy Storm, Mixer, Power Surge, Turbo Force, Windstorm Roller Coaster, Wave Swinger
Multiple Manufacturers	Elevated Go Kart Tracks
Multiple Manufacturers	High Speed Go-Kart Tracks
Multiple Manufacturers	Waterslides (same platform, multiple slides)
Multiple Manufacturers	Zipline/Aerial Adventure CoursesRopes Course Structures

Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.001, 616.242 FS. History–New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 1-22-02, Formerly 5F-8.001, Amended 7-5-16,                  .

 

5J-18.0011 Standards Adopted.

The following standards, materials and practices are hereby adopted and incorporated by reference. Copies of the following publications incorporated in subsections (1) through (7), may be obtained from the sources 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 referenced in subsections (1) through (7) on the internet for purposes of public examination would violate federal copy right law.

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

(a) through (e) No change.

(f) F2007-1812 “Standard Practice for Design, Manufacture, and Operation of Concession Go-Karts and Facilities.”

(g) F2137-1816 “Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices.”

(h) through (o) No change.

(p) F2974-1918 “Standard Practice for Auditing Amusement Rides and Devices.”

(q) No change.

(r) F3133-1816 “Standard Practice for Classification, Design, Manufacture, Construction, Maintenance, and Operation of Stationary Wave Systems.”

(s) through (t) No change.

The above referenced F-24 Committee standards are compiled by ASTM International in the 2018 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 (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 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	07/19 02/17	Fair Rides Owner’s Daily Inspection Report (Carnival Type), http://www.flrules.org/Gateway/reference.asp?No=Ref-08430
FDACS 03425	07/19 02/17	Fair Rides Owner’s Daily Inspection Report (Water Park), http://www.flrules.org/Gateway/reference.asp?No=Ref-08468
FDACS 03426	07/19 02/17	Fair Rides Owner’s Daily Inspection Report (Go-kart Track/Vehicle), http://www.flrules.org/Gateway/reference.asp?No=Ref-08469
FDACS 03427	07/19 02/17	Fair Rides Owner’s Daily Inspection Report (Bungy), http://www.flrules.org/Gateway/reference.asp?No=Ref-08470
FDACS 03428	07/19 01/09	Fair Rides Written Accident Report http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03429	06/18	Request for Inspection or Reinspection http://www.flrules.org/Gateway/reference.asp?No=Ref-09932
FDACS 03430	07/19 01/09	Fair Rides Mechanical, Structural or Electrical Defect Report http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03431	07/19 02/17	Fair Rides Employee Training Record, http://www.flrules.org/Gateway/reference.asp?No=Ref-08471
FDACS 03432	01/09	Amusement Ride Annual Permit Application
FDACS 03433	07/19 04/09	Fair Rides Affidavit of Compliance and Nondestructive Testing http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03434	02/17	Affidavit of Annual Inspection for Exempt Facilities, http://www.flrules.org/Gateway/reference.asp?No=Ref-08472
FDACS 03435	07/19	Fair Rides Request for Inspection or Re-Inspection & Annual Permit Application http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03436	07/19	Fair Rides Release Notice http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03437	07/19	Fair Rides Stop Operation Order http://www.flrules.org/Gateway/reference.asp?No=Ref-
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, 10-14-18,                 .

 

5J-18.002 Application for Annual Permit, USAID Number.

(1) The owner of an amusement ride shall make written application to the department for an annual permit for each amusement ride in accordance with section 616.242(5), F.S., on department form FDACS 03435, Fair Rides Request for Inspection or Re-Inspection & Annual Permit Application, 07/19, as incorporated by reference in rule 5J-18.0012, F.A.C. FDACS 03432, Amusement Ride Annual Permit Application.

(a) The following documents shall be on file with the department or accompany the written application:

1. Manufacturer’s ride operations manual, including all bulletins concerning safety, operation or maintenance of the amusement ride.

2. Amusement ride operating document specified in section 5.1 of ASTM International F770-18, as incorporated by reference in rule 5J-18.0011, F.A.C.

3. Maintenance checklist for each ride. Checklist shall be in accordance with ASTM International F770-18, as incorporated by reference in rule 5J-18.0011, F.A.C.

(2) The current Affidavit of Compliance required by section 616.242(4), F.S., shall be submitted with the written application for an annual permit on department form FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, Rev. 07/19, as incorporated by reference in rule 5J-18.0012, F.A.C.

(3) The current Affidavit of Nondestructive Testing required by section 616.242(6)(a), F.S., shall be submitted with the written application for an annual permit on department form FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, Rev. 07/19, as incorporated by reference in rule 5J-18.0012, F.A.C., unless the amusement ride is exempt pursuant to Section 616.242(6)(d), F.S.

(4) The request for inspection required by section 616.242(5)(b)6., F.S., shall be submitted on department form FDACS 03435 Fair Rides Request for Inspection or Re-Inspection & Annual Permit Application, 07/19, as incorporated by reference in rule 5J-18.0012, F.A.C.FDACS 03429, Request for Inspection or Reinspection, with the written application for an annual permit.

(5) No change.

Rulemaking Authority 616.165, 616.242(5) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.002, Amended                  .

 

5J-18.003 Qualified Inspectors.

(1) Each person seeking to perform amusement ride inspections as a Qualified Inspector (QI) for an insurance underwriter and execute the FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, 07/19, as incorporated by reference in rule 5J-18.0012, F.A.C., required for the annual permit shall provide the department the following documents and information:

(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 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)(1), F.S.

(f) No change.

(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, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500; Phone: [phone]; FAX: [phone]; or by email to [e-mail].

(2) No change.

(3) The QI or PE shall perform inspections on all inspection points identified in the manufacturer’s manual, manufacturer’s inspection bulletins and ride operations manual.

(4) The QI or PE shall review the maintenance documentation of the ride when determining if additional Nondestructive Testing is required.

(5) When a QI or PE no longer possesses the qualifications required by section 616.242(3)(q)(1), F.S., that person shall immediately notify the department, 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-18.004 Nondestructive Testing of Amusement Rides.

(1) In accordance with the requirements of section 616.242(6), F.S., Nnondestructive testing of amusement rides shall be conducted on all inspection points identified in accordance with the requirements of section 616.242(6), F.S., including all relevant bulletins and shall be reported to the department for each amusement ride by the Qualified Inspector or PE on department form FDACS-03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, Rev. 07/19 04/09, incorporated by reference rule 5J-18.0012, F.A.C.

(2) through (3) No change.

(4) The department shall require additional nondestructive testing following repairs on components found to contain defects or that have resulted in failure or present serious risk of injury to patrons. 

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, Amended 2-22-18, 10-14-18.

 

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, on department form FDACS 03435 Fair Rides Request for Inspection or Re-Inspection & Annual Permit Application Rev. 07/19 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 (3) No change.

(4) After a request for inspection is received by the department and an inspection of the amusement ride is not needed by the owner requesting the inspection, that owner shall cancel the request for inspection in writing at least three one working days prior to the scheduled date of the inspection. If an owner fails to timely cancel a request for inspection or upon arrival rides are not ready for inspection, the department shall assess a failure to cancel fee as provided by rule 5J-18.012, F.A.C. If an owner cancels a late inspection request, a failure to cancel fee as provided by rule 5J-18.012, F.A.C., shall be assessed.

(5) through (7) No change.

(8)  If the department returns to an amusement ride while still on site during the scheduled event inspection to reinspect an amusement ride for failure to pass any department inspection, the department shall assess a reinspection fee as provided by rule 5J-18.012, F.A.C.

(9) Reinspections will not be conducted on weekends or state holidays.

(10) Separate requests for inspection on devices with the same USAID numbers, at the same event locations during the same or consecutive dates will not be accepted.

(11) Event location changes for inspection requests must be requested at least three business days prior to the requested inspection date. If an owner requests an event location change less than three business days prior to the requested inspection date, a late inspection request fee shall be assessed as provided by rule 5J-18.012, F.A.C.  Event location changes will be granted based on inspection staff availability.

(12)(8) If an amusement ride meets the requirements of section 616.242, F.S., and this rule, the department shall affix to the amusement ride an Inspection Certificate, upon completion of all required inspections.

(13)(9) Where a manufacturer has not determined nor specified the capacity of a kiddie ride the Department will determine the capacity as follows:

(a) A Department Inspector will count the number of carrier units or tubs per ride. The number of carrier units or tubs per ride is based on the manufacturer’s intended configuration of the ride in order to make it fully operational. Upon inspection of a ride if evidence exists that indicates the ride has been altered from the original manufacturer’s configuration by removing carrier units or tubs, then the ride must be inspected by a professional engineer in accordance with section 616.242(12), F.S. Arbitrary reduction of carrier units by operators is are not permitted.

(b) 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 10-14-18,                 .

 

5J-18.0051 Inspection Standards.

(1) Each owner or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C., must indicate that each amusement ride meets the requirements of section 616.242(11), F.S., and is ready for operation prior to inspection by the department.

(2) For temporary amusement rides, the owner or designee trained on the maintenance, installation and operation of the ride must be present during installation and inspection by the department. 

(3)  For a newly installed permanent ride, the owner or designee trained on the maintenance, installation and

operation of the ride must be present during installation and inspection by the department. 

(4) For previously permitted permanent rides, the owner or designee trained on the maintenance and operation of the ride must be present during inspection by the department.

All amusement ride inspections shall be recorded by the inspector and reported to the department on the applicable department form: FDACS 03419 – Amusement Ride Inspection Report; FDACS 03420 – Water Park Amusement Ride Inspection Report; FDACS 03421 – Go Kart Amusement Ride Inspection Report (Track); FDACS 03422 – Go Kart Amusement Ride Inspection Report (Vehicle); FDACS 03423 – Bungy Jump Inspection Report.

Rulemaking Authority 616.165, 616.242(11) FS. Law Implemented 616.242 FS. History–New 9-21-93, Amended 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.0051, Amended              .

 

5J-18.009 Inspections by Owner or Manager.

(1) Prior to opening on each day of operation and prior to any inspection by the department the owner or

manager of each amusement ride shall inspect and test the amusement ride in accordance with the requirements of section 616.242(15), F.S., and record the inspection on the applicable department, form FDACS-03424, Rev. 07/19 02/17, Fair Rides Owner’s Daily Inspection Report (Carnival Type); FDACS-03425, Rev. 07/19 02/17, Fair Rides Owner’s Daily Inspection Report (Water Park); FDACS-03426, Rev. 02/17, 07/19 02/17, Fair Rides Owner’s Daily Inspection Report (Go Kart Track and Vehicle); FDACS-03427, Rev. 07/19 02/17, Fair Rides Owner’s Daily Inspection Report (Bungy). In lieu of the forms referenced in this section and incorporated by reference in rule 5J-18.0012, F.A.C., the owner or manager may request approval of an alternative form by submitting the form to the department by email to [e-mail], by fax to [phone], or by mail to Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. The department shall approve the alternative form for use if the alternative form includes, at a minimum, all information required on the applicable department form. Upon approval, an alternative form may be used to document daily inspections as required by section 616.242(15), F.S.

(2) Inspections shall be consistent with inspection programs outlined in ASTM F770-18, as incorporated by reference in rule 5J-18.0011, F.A.C. to include inspections and testing of the following, at a minimum:

(a) Proper operation of all carriers, to include restraint devices and latches;

(b) Entrance, exits, stairways and ramps;

(c) Loading/unloading areas;

(d) Communication devices used for operations;

(e) Safety devices;

(f) Braking systems;

(g) Fencing and guarding of amusement devices;

(h) Structural integrity for rust and corrosion, cracks, and other abnormalities;

(i) Safety signage;

(j) Operational test of amusement ride; and,

(k) Any additional specifications outlined by the manufacturer. Inspection documentation shall be reviewed and approved by the owner or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C.

(3) The owner or manager shall implement a program of maintenance based on manufacturer recommendations and ASTM F770-18, as incorporated by reference in rule 5J-18.0011, F.A.C. This program of maintenance shall include a checklist with the following information, at a minimum:

(a) Frequency of preventative maintenance on components of the ride;

(b) Preventative maintenance assignments for all persons conducting maintenance;

(c) Frequency of lubrication;

(d) Wear tolerances deemed necessary by the manufacturer;

(e) Operational testing and minimum intervals on when to perform;

(f) Specifications for replacement fasteners and torque requirements; and,

(g) Nondestructive testing criteria and methodology.

Maintenance documentation shall be reviewed and approved by the owner or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C.

(4) Records describing inspection results and maintenance work performed shall be maintained for a minimum of four years unless the required inspection/maintenance interval is greater than four years, in which case the most recent documented inspection results shall be maintained and must be made available immediately upon request.

(5) Inspection and maintenance records for a period of six months prior to inspection by the department must be made available immediately upon request.

(6) Records of major modifications shall be maintained for the life of the ride and must be made available immediately upon request.

Rulemaking Authority 616.165, 616.242(15) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, 5-30-10, Formerly 5F-8.009, Amended 7-27-17,                   .

 

5J-18.012 Fees.

The following fees are adopted:

(1) Annual permit for any amusement ride:	$500.00430.00
(2) Annual permit for any Bungy jump:	$500.00
(3) Inspection fee for each inspection of a kiddie amusement ride:	$45.0035.00
(4) Inspection fee for each inspection of a non-kiddie amusement ride:	$90.0070.00
(5) Inspection fee for each inspection of a super amusement ride:	$175.00140.00
(6) Inspection fee per go kart, in addition to the track inspection fee:	$10.007.00
(7) Reinspection fee (return to site):	$500.00
(8) Reinspection fee (remain on-site)	$100.00
(9)(8) Fee to replace a lost U.S. Amusement Identification (USAID) plate:	$100.00
(10)(9) Fee per amusement ride for late inspection request:	$100.00
(11)(10) Fee per amusement ride for failure to cancel inspection request:	$100.00
(12)(11) Additional fee per amusement ride for inspection on weekend or state holiday:	$75.00

Rulemaking Authority 616.165, 616.242(7), (8), (13) FS. Law Implemented 616.242(8) FS. History–New 9-15-92, Amended 2-23-94, 5-27-96, 9-23-97, 2-14-99, 3-21-00, 12-4-00, 1-22-02, 5-30-05, Formerly 5F-8.012,              .

 

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, out of service tag, or an immediate final order for violations of Chapter 616, F.S., and this rule chapter.

(3) Stop Operation Orders. A stop operation 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 (5) No change.

(6) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of chapter 616, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. If a notice of noncompliance is issued for an initial violation, a second violation within a three-year period shall result in a fine of at least $250, not to exceed $2,500. Both aggravating and mitigating factors, if present shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major violation as described in subsection (9), below.

(a) Aggravating factors shall include:

1. through 8. No change

9. Whether Tthe violation resulted from negligence or an intentional act.

(b) Mitigating factors shall include:

1. Any documented efforts by the violator at rehabilitation.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Substantiated financial hardship.

4. Acts of God or nature that impair the ability of the violator to comply with chapter 616, F.S., or this chapter.

5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

6. through 8. Renumbered 5. through 7. No change.

8. 9. If a repeat violation, whether three years havehas passed since the prior violation.

(9) Penalties.

(a) No change.

(b) Minor Violations. Minor violations shall result in the imposition of an administrative fine against the owner of the amusement ride of $250 per violation, per day. For the purposes of this rule, the following violations shall be considered minor violations:

1. through 5. No change.

6. Failure to maintain the required operations manual written in the English language for amusement devices that are not included in subparagraphs 4. or 5. of this paragraph.

7.6. Failure to report an accident as required by section 616.242, F.S.

8.7. Failure to prominently display required signage at the entrance of each amusement ride.

(c) Major Violations. Major violations shall result in the imposition of an administrative fine against the owner of the amusement ride of $1,000 per violation, per day or suspension of the owner’s permit or inspection certificate for not more than one year or revocation the owner’s permit or inspection certificate or any combination thereof. For the purposes of this rule, the following violations shall be considered major violations due to their high potential for consumer harm:

1. through 18. No change.

19. Operating in violation of any requirement set forth in rule 5J-18.0152, F.A.C.

20. Failure to timely correct a violation as directed in a notice of correction.

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,                             .

 

5J-18.014 Training of Managers, Attendants, and Maintenance Persons.

(1) The owner or manager shall maintain the record of employee training required by section 616.242(16), F.S., on department form FDACS-03431, Rev. 07/19 02/17, Fair Rides Employee Training Record. In lieu of form FDACS-03431 as incorporated by reference in rule 5J-18.0012, F.A.C., the owner or manager may request approval of an alternative form by submitting the form to the department by email to [e-mail], by fax to [phone], or by mail to Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. The department shall approve the alternative form for use if the alternative form includes, at a minimum, all information required on the applicable department form. Upon approval, an alternative form may be used to document employee training as required by section 616.242(16), F.S.

(2) In order to facilitate safe installation and operation, and in addition to the requirements of subsections 616.242(5) and (6), F.S., any owner applying for a permit to operate an amusement ride must demonstrate competency by holding a valid National Association of Amusement Ride Safety Officials (NAARSO) certification, or a valid Amusement Industry Manufacturers and Suppliers International (AIMS) inspection or maintenance certification, or certification from another professional organization that meets or exceeds the certification requirements set forth above unless a professional organization does not exist for the type of amusement device(s) operated by the owner.

(3)  In lieu of holding the qualifications listed in subsection (2), the owner may designate a representative who meets the requirements set forth therein.

(4) Training shall be consistent with training programs outlined in ASTM F770-18, as incorporated by reference

in rule 5J-18.0011, F.A.C., to include the following, at a minimum:

(a) Description of the amusement device and its normal operations;

(b) Instructions on proper operations of the amusement ride;

(c) Specific manufacturer instructions or requirements;

(d) Specific employee duties and responsibilities;

(e) General safety procedures;

(f) Emergency procedures;

(g) Environmental considerations for operation; 

(h) Guidelines regarding patron admission.

Rulemaking Authority 616.165, 616.242(4), (16) FS. Law Implemented 616.242(16) FS. History–New 7-31-94, Amended 2-14-99, 5-30-05, 5-30-10, Formerly 5F-8.014, Amended 7-27-17,                             .

 

5J-18.0142 Reporting of Accidents and Mechanical, Structural or Electrical Defects.

(1) Accidents shall be reported to the department in accordance with section 616.242(14), F.S. Accidents shall be reported in writing on department form FDACS 03428, Fair Rides Written Accident Report, Rev. 07/19, incorporated by reference in rule 5J-18.0012, F.A.C.

(2) No change.

(3) Mechanical, Structural or Electrical defects shall be reported to the department, in writing, in accordance with section 616.242(14), F.S., on department form FDACS 03430, Fair Rides Mechanical, Structural or Electrical Defect Report, Rev. 07/1901/09, incorporated by reference in rule 5J-18.0012, F.A.C.

Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.242(14) FS. History–New 2-14-99, Amended 5-30-05, Formerly 5F-8.0142, Amended 7-5-16.

 

5J-18.015 Regulation of Go-Kart Tracks and Similar Vehicles.

(1) through (3) No change.

(4) Operations.

(a) through (f) No change.

(g) Helmets must be provided for all patrons desiring to use them. Each helmet must meet or exceed Federal Motor Vehicle Safety Standard 218, section 571.218, Title 49, Code of Federal Regulations, incorporated by reference in rule 5J-18.0011, F.A.C. A copy of this material may be obtained by writing to Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 or the Division of Consumer Services, Bureau of Fair Rides Inspection at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or may be accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-08484.

(h) through (p) No change.

(q) Owners or attendants shall prohibit operations of go-karts by patrons under the influence of drugs or alcohol.

(5) Vehicle Requirements. In addition to the other requirements found in this chapter:

(a) through (p) No change.

(q) Owners shall provide all vehicles with safety restraints for each patron and roll bars unless the manufacturer specifically prohibits the use of such devicesthe vehicle meets the specification of the manufacturer and the go-kart track’s insurance carrier insures the vehicle without safety restraints and roll bars.

(6) No change.

(7) Fire Protection.

(a) Owners shall provide fully charged ABC dry chemical fire extinguishers having a minimum ten five pound capacity.

(b) Owners shall provide fire extinguishers located within 7075 feet ' of every section of the track and at least one fire extinguisher shall be kept next to the refueling area and one at the passenger loading area. The fire extinguishers shall be easily accessible and mounted off the ground.

(c) through (e) No change.

(8) Refueling.

(a) No change.

(b) As a point of information, the Department of Environmental Regulation regulates aboveground fuel storage tanks and underground fuel storage tanks.

(b) (c) No Smoking signs must be posted next to the refueling dispenser.

(9) No change.

Rulemaking Authority 616.165, 616.242(4), (15) FS. Law Implemented 616.242 FS. History–New 12-6-93, Amended 2-14-99, 5-30-10, Formerly 5F-8.015, Amended 7-27-17,                  .

 

5J-18.016 Regulation of Water Parks.

(1) Purpose.

(a) This section establishes specific requirements for water related amusement rides in addition to the general requirements contained in this chapter in order that water related amusement rides erected permanently or temporarily in the state are operated and maintained in accordance with section 616.242, F.S.

(b) As a point of information, the Florida Department of Health approves design and construction of water parks and regulates water quality public health and safety in accordance with chapter 514, F.S., and chapter 64E-9, F.A.C.

(c) The Florida Department of Agriculture and Consumer Services regulates and inspects water parks for compliance with section 616.242, F.S., and the rules promulgated thereunder.

(2) 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, 5-2-19,                             .

 

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 (8) No change.

(9) Pump and spin” ride or other comparable equipment, which is mounted in a stationary position and is manually spun by patrons pumping the ride’s handles.

(10) “Renaissance Carousel” ride or other comparable equipment, in which the operator walks in a circular motion pulling the carriers around the ride center.

(11) “Rocking Swing” ride or other comparable equipment, in which the carrier moves in a front to back motion by the physical effort of the operator.

(12) “Joust” ride or other comparable equipment, in which the carrier travels along a designated course after physical effort is exerted by the operator.

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 10-14-18,                  .

 

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: August 05, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 17, 2019