The Florida Senate

616.242  Safety standards for operation at public fairs and expositions; inspector qualifications.--Safety standards for the operation of amusement devices, amusement attractions, and temporary structures at public fairs and expositions, carnivals, festivals, celebrations, bazaars, permanent facilities, and parking lot still dates are as follows:

(1)

(a)  The purpose of this section is to guard against personal injuries in the assembly, disassembly, and use of amusement devices, amusement attractions, and temporary structures at public fairs and expositions, carnivals, festivals, celebrations, bazaars, permanent facilities, and any parking lot still dates. Such devices, attractions, and structures shall be designed, constructed, assembled or disassembled, maintained, and operated so as to prevent such injuries.

(b)  It is the express intent of the Legislature that the department is responsible for inspecting and testing each amusement device at every public fair and exposition, carnival, festival, celebration, bazaar, permanent facility, and parking lot still date conducted in the state. However, the department may, by rule, establish exemptions for unpowered, nonmechanized equipment and coin-actuated equipment.

(2)  This section applies throughout the state to amusement devices, amusement attractions, and temporary structures at public fairs and expositions, carnivals, festivals, celebrations, bazaars, permanent facilities, and any parking lot still dates. With the exception of paragraph (5)(b), this section does not apply to permanent facilities that employ at least 1,000 full-time employees and that maintain full-time in-house safety inspectors approved by the department.

(3)  As used in this section, the term:

(a)  "Amusement device" means any mechanical device or combination of devices which carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement.

(b)  "Temporary amusement device" means a device that is used as an amusement device or amusement attraction that is regularly relocated from time to time, with or without disassembly.

(c)  "Permanent amusement device" means a device that is used, or intended to be used, as an amusement device or amusement attraction that is erected to remain a lasting part of the premises.

(d)  "Sponsor of event" means the agency, organization, or entity that hosts and promotes the event.

(e)  "Permit" means that document which signifies that the amusement device or amusement attraction has undergone and passed its annual inspection. The department shall affix a decal that clearly shows the month and year of expiration.

(f)  "Certificate to operate" means that document which indicates that the temporary amusement device has undergone the inspection required after setup. It shall show the date of inspection, the location of the inspection, the name of the inspector, and the maximum amount of weight allowed per car or ridable unit.

(g)  "Serious injury" means an injury requiring an overnight stay in a hospital for treatment or observation.

(h)  "Manager" means a person having possession, custody, or managerial control of an amusement device, amusement attraction, or temporary structure, whether as owner, lessee, or agent or otherwise.

(i)  "Amusement attraction" means any building or structure around, over, or through which persons may move or walk, without the aid of any moving device integral to the building or structure, which building or structure provides amusement, pleasure, thrills, or excitement. The term does not include enterprises principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.

(j)  "Permanent facility" means a location or place where amusement devices or amusement attractions operate as a lasting part of the premises.

The terms "amusement device" and "amusement attraction" do not include any playground operated by a school, local government, or business licensed under chapter 509, if the playground is an incidental amenity and the operating entity is not primarily engaged in providing amusement, pleasure, thrills, or excitement.

(4)

(a)  An amusement device or amusement attraction may not be operated in the state without a permit issued by the department. Temporary amusement devices and amusement attractions must also have a certificate to operate. The permits and certificates are not transferable, and if any permitholder voluntarily discontinues operation of the amusement device or amusement attraction, all rights secured under the permit are terminated.

(b)  Before commencement of the operation of a permanent or temporary amusement device or amusement attraction, the owner shall make written application to the department for a permit to operate. The permit is valid for 1 year.

(c)  A temporary amusement device or amusement attraction may not be used at any time or location unless prior notice of intent to use it has been given to the department. Notice of planned schedules must:

1.  Be in writing.

2.  Identify the temporary device or attraction.

3.  State the intended dates and locations of use.

4.  Be mailed to the department at least 15 days before the first intended date of use.

(d)  Permits and certificates to operate shall be issued to the owner of an amusement device or amusement attraction when:

1.  Written application has been made to the department.

2.  The amusement device has passed all required inspections.

3.  The liability insurance or bond has been met in the amount prescribed.

(e)  The department shall revoke any permit issued under this chapter or impose an administrative fine of up to $500 per violation per day if it finds that the amusement device or amusement attraction for which it is issued is:

1.  Being operated without the inspections required by this section;

2.  Being operated without the insurance required by this section;

3.  Being operated with a mechanical, structural, or electrical defect which presents a risk of serious injury to passengers; or

4.  Being operated after the device or attraction has been involved in an accident resulting in a death or serious injury.

(f)  Any other violation of this section may result in a revocation of the permit or certificate to operate or both, or imposition of an administrative fine of up to $500 per violation per day, if written notice of noncompliance is served upon the owner specifying the violation and directing the owner to correct the violations within 30 days after receipt of the notice. If the owner and the department fail to agree that the violation referred to in this paragraph has in fact been corrected, the department shall give notice of and provide a hearing for the owner to determine whether compliance has in fact been met.

(g)  Nothing in this section prevents an owner whose permit to operate an amusement device or amusement attraction has been revoked under this section from reapplying for a permit. Upon application by an owner to have a revoked permit reinstated under this section, the department shall inspect the amusement device or amusement attraction in question as promptly as practical, but not later than 72 hours after the submission of the application.

(h)  The permit in the form of a decal shall be displayed at a conspicuous place on the amusement device or amusement attraction. The certificate to operate shall be displayed at a conspicuous place for patrons of the amusement device or amusement attraction.

(5)

(a)  Before a permit may be issued as provided in this section, an inspection of the amusement device or amusement attraction must be made in compliance with the procedures set by the department. The inspection must have been conducted within 1 year prior to the permit application.

(b)  A permanent amusement device or amusement attraction must be inspected by the department at the time of application for the initial permit. However, a permanent facility that employs in-house, full-time safety inspectors who meet the requirements of the department may provide the department with an affidavit stating that all devices or attractions on the premises have been inspected and tested as required by the department. Thereafter, as a requirement for the issuance of each subsequent permit, it must be inspected at least annually, or more often as required by the American Society for Testing and Materials, Committee F-24, or the manufacturer of the amusement device. The inspection shall be performed by a professional engineer experienced in materials testing and licensed by the state in which the inspection is performed or by a qualified inspector for the manufacturer of the amusement device or an inspector for the insurance underwriter, who is an employee or an agent of the insurance underwriter of the amusement device. Prior to an inspector for the manufacturer or an inspector for the insurance underwriter becoming eligible to inspect amusement devices, the inspector must document to the department the following qualifications:

1.  A minimum of 5 years' experience in the amusement ride field, at least 2 of which were involved in actual ride inspection with a manufacturer, government agency, park, carnival, or insurance underwriter;

2.  At least 80 hours of formal education from a nationally recognized school for amusement ride safety during the past 5 years; and

3.  Maintain 40 hours per year of continuing education at a school approved by the department, these continuing education hours to include inservice industry or manufacturer updates and seminars.

The inspection shall, at a minimum, comply with the requirements of the department and shall include, for each permanent amusement device, some form of nondestructive test for metal fatigue recognized by the American Society for Non-Destructive Testing. An affidavit of the annual inspection must be filed with the department.

(c)  A temporary amusement device or amusement attraction, upon first entry into the state, must be inspected by the department for the permit to be issued. Thereafter, as a requirement for issuance of each subsequent permit, it must be inspected at least annually, or more often as required by the American Society for Testing and Materials, Committee F-24, or the manufacturer of the amusement device. The inspection shall be performed by a professional engineer experienced in materials testing and licensed by the state in which the inspection is performed or a qualified inspector for the manufacturer of the amusement device or an inspector for the insurance underwriter, who is an employee or an agent of the insurance underwriter of the amusement device. Prior to an inspector for the manufacturer or an inspector for the insurance underwriter becoming eligible to inspect amusement devices, the inspector must document to the department the following qualifications:

1.  A minimum of 5 years' experience in the amusement ride field, at least 2 of which were involved in actual ride inspection with a manufacturer, government agency, park, carnival, or insurance underwriter;

2.  At least 80 hours of formal education from a nationally recognized school for amusement ride safety during the past 5 years; and

3.  Maintain 40 hours per year of continuing education at a school approved by the department, these continuing education hours to include inservice industry or manufacturer updates and seminars.

The inspection shall, at a minimum, comply with the requirements of the department and shall include, for each temporary amusement device, some form of nondestructive test for metal fatigue recognized by the American Society for Non-Destructive Testing. An affidavit of the annual inspection must be filed with the department.

(d)  A temporary amusement device or amusement attraction, upon first entry into the state, requires only visual inspection by the department as to the device or attraction being correctly assembled if:

1.  The owner of the device or attraction supplies a valid and current certificate of inspection from another jurisdiction; and

2.  The jurisdiction providing the certificate of inspection offers similar reciprocity for certificates of inspection issued by this state.

(e)  If an amusement device or amusement attraction is substantially rebuilt or substantially modified so as to change the structure, mechanism, or capacity of the device or attraction, the owner shall give written notice to the department, which shall cause the device or attraction to be inspected prior to the time it is put into operation and shall cause any current permit to be updated so as to include any modifications made to the device or attraction.

(f)  If an owner is unable to secure an inspection within 1 year after the date of the previous inspection, the previous inspection is valid for purposes of this chapter for a period of 30 additional days if the owner made an inspection request to an individual qualified to make the inspection at least 60 days prior to the inspection anniversary date.

(g)  Upon proper presentation of credentials, an authorized employee of the department may enter unannounced and inspect amusement devices at any time and in a reasonable manner and has the right to question any owner, manager, or agent of the owner; to inspect, investigate, photograph, and sample all pertinent places, areas, and devices; and to examine and reproduce all pertinent documents and records for the purpose of enforcing this chapter. A fee may not be charged for these unannounced inspections.

(h)  An amusement device or an amusement attraction that fails to pass an inspection may not be operated for public use until it has passed a subsequent inspection. If the department or the manager finds that an amusement device or amusement attraction presents an imminent danger, the department shall issue an imminent danger order and shall issue and attach a stop operation order prohibiting the use of the device or attraction. Such order may not be removed until the device or attraction is made safe, and may be removed only by the department.

(6)  All amusement devices, amusement attractions, and temporary structures operating in the state shall be permitted and, when required, certified and inspected by the department. Fees for such permits and certificates and inspections shall be established by rule of the department at a rate that will cover 100 percent of the cost of the program, and the fees shall be deposited in the General Inspection Trust Fund. Any owner or operator of amusement devices, amusement attractions, or temporary structures with outstanding fees shall not be eligible to operate amusement devices, amusement attractions, or temporary structures.

(7)  Each amusement device shall be inspected and tested by the department before operation so as to test the full operation of all control devices, speed-limiting devices, brakes, and other equipment provided for safety before a certificate to operate is issued. A copy of the inspection report shall be on file in the office of the manager of the fair or coordinator of the event before the ride is opened to the public.

(8)  Every amusement device or amusement attraction shall be identified by a trade or descriptive name and an identification number; and there shall be firmly attached thereto, in a readily visible location, a metal plate upon which there is legibly impressed the name and number of the device, its model number, if any, and the name and address of the manufacturer. Upon such metal plate or another metal plate, the maximum safe number of passengers and the maximum safe speed shall be stated.

(9)  Parts shall be properly aligned; and they may not be bent, distorted, cut, or otherwise injured to force a fit. Parts requiring lubrication shall be lubricated in the course of assembly. Fastening and locking devices shall be installed where required for dependable operation.

(10)  A sufficient number of persons to do the work properly shall be engaged for such assembly or disassembly. Persons not engaged in such work shall be prevented from entering the area in which the work may create a hazard.

(11)

(a)  Each temporary amusement device or amusement attraction must be inspected upon setup at each location by the department. The temporary amusement device or amusement attraction may not be permitted to operate unless the inspection has taken place.

(b)  The manager of a temporary amusement device or amusement attraction must visually inspect the device daily. This inspection shall be recorded daily on a form devised by the department. The last 14 daily forms must be kept with the temporary amusement device or amusement attraction. A copy of the inspection report shall be on file in the office of the manager of the fair or coordinator of the event before the ride is opened to the public.

(c)  If an accident involving an amusement device or amusement attraction results in death or serious injury, the department shall impound the amusement device or amusement attraction and perform all necessary tests to determine the cause of the accident. The cost of impounding the amusement device or amusement attraction and performing necessary tests shall be borne by the owner of the amusement device or amusement attraction.

(12)  An amusement device or amusement attraction may not be overcrowded or loaded in excess of its safe carrying capacity; nor may it be operated at an unsafe speed or at any speed beyond that recommended by the manufacturer.

(13)  Before being used by the public, an amusement device or amusement attraction shall be placed or secured with blocking, cribbing, outriggers, guys, or other means so as to be stable under all operating conditions.

(14)  An amusement device may not be used or operated while any person is so located as to be endangered by it. Areas in which persons may be endangered shall be fenced, barricaded, or otherwise effectively guarded against contact.

(15)  Machinery used in or with an amusement device or amusement attraction shall be enclosed, barricaded, or otherwise effectively guarded against contact.

(16)  An amusement device or amusement attraction powered so as to be capable of exceeding its maximum safe operating speed shall be provided with a maximum-speed-limiting device.

(17)  The interior and exterior parts of all passenger-carrying amusement devices or amusement attractions with which a passenger may come in contact shall be smooth and rounded and free from sharp, rough, or splintered edges and corners, with no projecting studs, bolts, screws, or other projections which might cause injury. Interior parts upon or against which a passenger may be forcibly thrown by the action of the amusement device or amusement attraction shall be adequately padded.

(18)

(a)  The outlets of electrical powerlines carrying more than 120 volts shall be clearly marked to show their voltages.

(b)  Electrical apparatus and wiring located outdoors shall be of such quality and so constructed or protected that exposure to weather will not interfere with its normal operation.

(c)  Bare wires and other uninsulated current-carrying parts shall be guarded against inadvertent contact by means of a proper location or by a fence or other barrier.

(d)  Wiring laid on a surface traversed by vehicular or pedestrian traffic shall be adequately protected against wear and abrasion.

(19)

(a)  Fabrics constituting part of an amusement device or amusement attraction or a temporary structure shall be fire resistant.

(b)  Flammable waste such as oily rags and other flammable materials shall be placed in covered metal containers kept in easily accessible locations. Such containers may not be kept at or near exits.

(20)  A suitable number of containers for refuse shall be provided in and around all amusement devices, amusement attractions, and temporary structures. Excessive accumulations of trash or refuse shall be promptly removed. All parts of amusement devices, amusement attractions, and temporary structures used by passengers or customers shall be maintained in a clean condition.

(21)  A person may not operate an amusement device or amusement attraction unless at the time of operation there is in existence:

(a)  An insurance policy in an amount of not less than $1 million per occurrence insuring the owner or lessee against liability for injury to persons arising out of the use of the amusement device or amusement attraction; or

(b)  A bond in a like amount; however, the aggregate liability of the surety under the bond may not exceed the face amount thereof.

The policy or bond shall be procured from one or more insurers or sureties licensed to transact business in this state or approved as surplus lines insurers.

(22)  All amusement devices and amusement attractions operated in the state shall comply with the American Society for Testing and Materials Committee F-24 Standards on Amusement Rides and Devices, which are hereby adopted.

(a)  In the absence of applicable American Society for Testing and Materials testing requirements, the department shall establish minimum requirements for nondestructive tests for metal fatigue.

(b)  When the department determines it necessary due to environmental conditions, the department may establish more stringent test requirements for an amusement device or amusement attraction.

(23)  Each manager in charge of an amusement device or amusement attraction shall report every accident relating to the amusement device or amusement attraction to the department within 24 hours after the occurrence of the accident.

(24)  This subsection establishes permitting and inspection procedures for companies engaged in the rental of amusement devices and amusement attractions.

(a)  All companies engaged in the rental of amusement devices and amusement attractions shall make application to the department for permits to operate pursuant to this section. Once the annual inspection is completed and the application is approved, amusement devices and amusement attractions owned or operated by rental companies shall be subject to inspection and regulation as specified in paragraphs (b) and (c).

(b)  Rental companies operating amusement devices or amusement attractions singularly, or jointly with an amusement device or amusement attraction company, at a public event are subject to onsite inspections and issuance of a certificate to operate, pursuant to this section, at that particular event when there are at the event more than three amusement devices or amusement attractions or any combination of both, or when the capacity of any amusement device or amusement attraction at the event exceeds eight persons.

(c)  Any amusement device or amusement attraction used at a private event for which no admission is charged must comply with all requirements of this section. However, such amusement device or amusement attraction does not have to be inspected by the department at the time of setup.

(25)  The operation of amusement attractions, commonly known in the trade as moonwalks, which are not enclosed on all sides and on the top is prohibited at both public and private functions unless the sides are 6 feet high or higher, in which case the top need not be enclosed.

History.--ss. 91, 92, ch. 92-291; ss. 13, 46, ch. 93-168; s. 3, ch. 94-297.

Note.--Former s. 616.0915.