19443861, 5JER17-5 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 19443861

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Overview

RULE:

5JER17-5

Additional Nondestructive Testing of Amusement Rides Required

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

On July 26, 2017, a fatal accident involving the Fireball amusement ride occurred at the Ohio State Fair. According to the ride’s manufacturer, a post-incident inspection revealed that “excessive corrosion on the interior of the gondola support beam dangerously reduced the beam’s wall thickness over the years,” which “led to the catastrophic failure of the ride during operation.” The department has confirmed that manufacturers of similar style amusement rides have not provided specific testing requirements to ensure that single point suspensions comparable to those present on the Fireball meet the manufacturers’ specifications for material thickness. Furthermore, the visual inspections currently required are insufficient to detect this problem. Additional, nonvisual testing of the Fireball and of similar amusement rides is necessary to prevent similar catastrophic failures from occurring in the future. Specifically, requiring nonvisual metal fatigue testing for wall thickness of the sealed tubular components of the specified amusement rides will ensure that metal thickness is consistent with manufacturer specifications prior to use by patrons in the state of Florida. 
Traditionally, Florida’s fair ride season begins October 1. As a result, the department finds there is an immediate danger to the health, safety, and welfare of fair patrons and riders of the Fireball and similar rides in the state of Florida.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

This emergency rule was initiated after consultation with several board and industry members concerned with the safety of patrons in Florida. Furthermore, Bureau of Fair Rides Inspection management has spoken with owners of similar devices and have been told that metal thickness is a concern of the owners and managers as well as the department. This emergency rule will alleviate department concerns regarding metal thickness and manufacturer specifications ensuring that amusement rides are safe to operate in Florida.

SUMMARY:

This emergency rule will mandate specific testing for amusement rides listed to ensure that metal thickness of the sealed tubular components of the ride are in compliance with manufacturer specifications.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Michelle Faulk, Senior Management Analyst II, 2005 Apalachee Parkway, Tallahassee, Florida 32399; (850) 410-3838.

PRINT PUBLISH DATE:

9/25/2017 Vol. 43/185

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5JER17-5&PDate=9/25/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.