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Florida Administrative Code (Last Updated: April 18, 2024) |
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5. Department of Agriculture and Consumer Services |
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5F. Division of Standards |
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5F-8. Permitting And Inspection Requirements For Amusement Devices And Amusement Attractions |
1(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 subsection 315F-8.0012(2), 32F.A.C., on department form DACS 03429, Request for Inspection or Reinspection, in accordance with the requirements of Section 50616.242(7), F.S. 52All requests for inspection or reinspection will be scheduled in the order received.
65(2) If a request for inspection of a permanent amusement ride is received by the department less than 15 days before the planned opening date of the permanent amusement ride, or less than 15 days before the expiration of the prior inspection certificate, the department shall assess a late request fee as provided by Rule 1205F-8.012, 121F.A.C.
122(3) If a request for inspection of a temporary amusement ride is received by the department less than 14 days before the date for inspection after setup, or less than 14 days before the date of first intended use at a new location, the dapartment shall assess a late request fee as provided by Rule 1775F-8.012, 178F.A.C.
179(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 one working day prior to the scheduled date of the inspection. If an owner fails to timely cancel a request for inspection the department shall assess a failure to cancel fee as provided by Rule 2535F-8.012, 254F.A.C.
255(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 pursuant to subsections 2925F-8.012(8) 293and (9), F.A.C.
296(6) The department will accept a request for inspection or cancellation of a request for inspection, in writing, delivered by mail, private delivery service, or by fax transmission.
324(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.
366(b) Requests for inspection, reinspection, or cancellation of a request sent by 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.
413(7) If the department returns to a site to reinspect an amusement ride for failure to pass any department inspection, the department shall assess a reinspection fee as provided by Rule 4445F-8.012, 445F.A.C.
446(8) If an amusement ride meets the requirements of Section 456616.242, F.S., 458and this rule, the department shall affix to the amusement ride an Inspection Certificate, upon completion of all required inspections.
478(9) Where a manufacturer has not determined nor specified the capacity of a kiddie ride the Department will determine the capacity as follows:
501(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 582616.242 583(12), F.S. Arbitrary reduction of carrier units by operators are not permitted.
595(b) Having determined the number of carrier units or tubs per ride, the Department inspector will count the number of passenger positions per carrier unit, or individual tub, i.e., the number of seat belts, pre-formed seating spots or other identifiable seating arrangements. With no identifiable passenger 641positions, the inspectors will determine the number of positions based on the number of 12-year-old passengers that can be positioned safely in the carrier unit, i.e., each passenger must have a separate position and meet the required height and/or weight requirements for that ride. Sitting on laps to qualify as one position will not be permitted.
697Specific Authority 699616.165, 700616.242(7) FS. 702Law Implemented 704616.241, 705616.242 FS. 707History–New 9-15-92, Amended 2-23-94, 2-14-99, 11-4-02, 5-30-05.
