5F-8.016. Regulation of Water Parks (Transferred)

(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) Definitions. As used in this section, the following definitions shall apply:

(a) Catch pool attendant means an attendant who directly monitors the activity in the plunge pool and immediate vicinity.

(b) Dispatcher means an attendant who supervises the operation at the top of the water related amusement ride.

(c) Flume means an inclined channel containing water which provides a transit path for conveying patrons.

(d) Plunge or catch pool means a pool at the base of the water related amusement ride from which patrons exit.

(e) Runout means the portion at the end of a water related amusement ride which contains a flow of water and allows for safe deceleration and exit of patrons.

(f) Start pool means a shallow trough or pool at the top of the water related amusement ride where the patron enters the flume.

(g) Water park means an amusement park with water related amusement rides.

(h) Water related amusement ride means any amusement ride involving immersion of the body totally or partially in the water.

(i) Water slide means a water related amusement ride used as a recreational device which:

1. Has a total vertical drop of 10 feet or more; and

2. Uses flowing water to provide low friction; and

3. Is designed to provide a descending ride into a catch pool or runout at the base of the water related amusement ride.

(3) Manual.

(a) Each owner of a water related amusement ride shall maintain an operational manual or other written instructions for all operation and maintenance.

(b) The manual, and other written instruction, shall be legible, in English, and readily accessible at the water park and shall include the following:

1. General maintenance and cleanup procedures;

2. Equipment operation instructions;

3. A written emergency plan.

(4) Posted Signs. At the water park’s entrance or at each water related amusement ride, the owner shall provide a sign that conveys the meaning of the following instructions and information:

(a) General instructions for patron safety for specific amusement rides.

(b) Any other instructions recommended or required by the manufacturer or owner to be posted.

(5) Daily Inspections. During operations, the owner or the owner’s designee shall:

(a) Inspect the water related amusement ride prior to each day’s use to determine that the water related amusement ride is in proper operating condition;

(b) Maintain appropriate water related amusement ride inspection records as required in Section 616.242(15), F.S., and section 4.1.4, F 770-88, ASTM F-24.

(6) Operation.

(a) The owner/manager shall operate each water related amusement ride in accordance with its operations manual and manufacturer requirements.

(b) Each attendant shall be trained in:

1. The use of the equipment which the attendant may operate;

2. Procedures for operations;

3. The instructions to patrons; and

4. The water related amusement ride general emergency plan.

(c) At least one attendant must be trained in first aid and certified in life saving techniques by The American Red Cross, Y.M.C.A. or other nationally recognized organization with similar standards as required under Chapter 514, F.S.

(d) Owners or attendants shall instruct all patrons as to safe operation procedures.

(e) Owners or attendants shall enforce the rules for patron safety set out in the owner’s operations manual and in manufacturer’s requirements.

(7) Criteria.

(a) All parts or components with external surfaces and edges of the water related amusement ride that may come in contact with the patron shall minimize the potential for a cutting or pinching hazard.

(b) The water park shall be fenced. Fencing and gating shall be in accordance with Rule 5F-8.0125, F.A.C. Individual water related amusement rides need not be fenced when the water park is fenced.

(c) Wave pools shall have a buoy line or other device to warn patrons away from the wave generating equipment when required by the manufacturer.

(d) At least one attendant position at a wave pool shall have a functional emergency stop.

(8) Ingress, Egress, and Walking Surfaces. The owner shall maintain the means of ingress, egress and walking surfaces of the amusement ride so that they are slip resistant with a textured surface which is not conducive to slipping under contact of bare feet.

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.