Chapter 160 - AMUSEMENT DEVICES AND CARNIVALS

Sec. 158.507. - Suspension and termination of Certificate. Chapter 162 - BATHING ESTABLISHMENTS Chapter 160 - AMUSEMENT DEVICES AND CARNIVALS[1]

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State Law reference— Amusement facilities, F.S. Ch. 546; public fairs and expositions, F.S. Ch. 616.

State rule references—Amusement devices and amusement attractions, F.A.C. Ch. 5F-8; fairs and expositions, F.A.C. Ch. 5H-23.

Sec. 160.101. - Definitions.

As used in this Chapter, unless the context otherwise requires:

(a)

Administrator means the Chief of Building Inspection, or his designated representatives.

(b)

Amusement device means any equipment or piece of equipment, appliance or combination thereof designed or intended to entertain or amuse a person.

(c)

Amusement ride means any mechanized device or combination of devices which carries passengers along, around or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills or excitement.

(d)

Carnival means an enterprise offering amusement or entertainment to the public in, upon or by means of amusement devices or riding or concession booths.

(e)

Concession booth means a structure, or enclosure, from which amusements are offered to the public. Such booths may be either permanent or temporary structures.

(f)

Fair means any of the fairs defined and controlled under F.S. Ch. 616.

(g)

Fire Marshal is the designee of the Chief, Fire Prevention, as defined in the Fire Protection Code.

(h)

Manager is a person having possession, custody or managerial control of an amusement device or temporary structure at a carnival or amusement park, whether as owner, lessee, agent or otherwise.

(i)

Permanent structure is an enclosure and/or arrangement of parts used or intended to be used for amusement or support of equipment or devices, used or intended for amusement, erected to remain a lasting part of the premises and for which a building permit has been issued in accordance with Part 4, Chapter 320.

(j)

Professional engineer means an engineer registered in the state or a qualified safety ride inspector employed by the casualty insurance company issuing the policy.

(k)

Temporary structure is a structure serving as an enclosure designed to be relocated from time to time with or without disassembly and used or intended for amusement purposes, for concession booths, or for public occupation in connection with activities controlled by this Chapter.

(Ord. 78-275-156, § 1; Ord. 79-472-172, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.901.

Sec. 160.102. - General responsibility for compliance.

Every manager of a carnival or amusement park containing one or more amusement devices, rides, concession booths, permanent or temporary structures wherein it is proposed to amuse, entertain, thrill or excite the public shall comply with or effect compliance with all provisions of this Chapter, and every employer and employee shall comply with all provisions of this Chapter, except that those public fairs and expositions complying with F.S. Ch. 61 shall not be required to comply with any provision of this Chapter.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.902.

Sec. 160.103. - Administration and enforcement.

Responsibility for the administration and enforcement of this Chapter is vested in the Administrator. The Fire Marshal is responsible for inspection of premises to ascertain compliance with the Fire Prevention Code.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.903.

Sec. 160.104. - Additional permits required.

A miscellaneous permit, as provided for in Section 320.401(e), in the amount of $100 is required prior to erection and/or use of any carnival rides or amusement devices and all approvals required herein or as may be required by other agencies shall be obtained prior to issuance of the permit.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.904.

Sec. 160.105. - Load tests.

No passenger-carrying device of the following types shall be used or put into normal operation until it has withstood a load test without failure while operating in the mode for which it will be erected for public use:

(a)

Devices or rides having suspended passenger seats or spaces.

(b)

Devices or rides normally operated at speeds or with movements creating severe centrifugal, centripetal or gravitational forces.

(c)

Devices or rides which the administrator has inspected, has found to be wanting and has directed that a test must be made of the device or ride prior to use.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.905.

Sec. 160.106. - Evidence of test.

Unless a load test is made in the presence of the administrator, a copy of the test made by a person qualified to perform such tests, along with a diagram and procedure for setup which has been reviewed and approved by a professional engineer, and other relevant information as the administrator may require, shall be filed with the administrator.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.906.

Sec. 160.107. - Passenger seat or space test.

Each passenger seat, or space on a device or ride, shall be weighted with at least 150 pounds dead weight, except that devices or rides intended only for small children shall be weighted with at least 75 pounds. While so loaded the device shall be so operated at maximum normal speed so as to test the full operation of all control devices, speed limit devices, brakes and other equipment provided for safety.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.907.

Sec. 160.108. - Identification of devices and rides.

Every amusement device or ride shall be identified by a trade or descriptive name, identification and model number, and manufacturer's name and address, which identification shall be readily visible and firmly affixed thereto. The maximum safe number of passengers and the maximum safe speed shall be prominently posted and affixed to the device or ride.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.908.

Sec. 160.109. - Assembly and setup.

The assembly and setting up of amusement devices shall be as follows:

(a)

The assembly of an amusement device, permanent or temporary structure shall be done by or under the immediate supervision of a person experienced and instructed in the proper performance of such work with respect to such device or structure. Upon completion of such setup, and prior to use by the public, a professional engineer shall inspect the setup and shall by letter to the administrator indicate that he has inspected any and all devices to be used in the carnival and that they are installed in accordance with the mode in which tested.

(b)

Prior to approval by the professional engineer, either the manager or the professional engineer shall cause all electrical wiring to be installed by a master electrician in accordance with the provisions of Chapter 333 and the master electrician shall submit a letter along with that of the professional engineer indicating that he has installed, connected, grounded or inspected all the devices, rides, booths or other equipment to be used by the carnival and that they are in compliance with the provisions of the Electrical Code.

(c)

Prior to approval by the professional engineer, either the manager or the professional engineer shall obtain a letter of approval from the Public Health Unit, which letter shall be submitted along with that of the professional engineer, indicating that adequate sanitary waste facilities will be provided for any carnival or fair.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.909.

Sec. 160.110. - Design and construction.

(a)

Amusement rides and devices subject to the provisions of this Chapter shall be so designed and constructed that the maximum allowable loads will not stress any part beyond allowable limits of nationally recognized engineering standards for the materials employed.

(b)

Amusement rides and devices shall be anchored, guyed, stayed or otherwise supported each time they are erected in the same manner in which they were tested to provide proper stability to insure no adverse change in stability will occur.

(c)

If cars or other components of an amusement device may collide upon failure of normal controls, emergency brakes sufficient to prevent such collisions shall be provided. On rides which make use of inclined tracks, automatic anti-rollback devices shall be installed to prevent backward movement of the passenger-carrying units in case of failure of the propelling mechanism.

(d)

An amusement device capable of exceeding its maximum safe operating speed shall be provided with a speed-limiting device set so that the safe operating speed shall not be exceeded.

(e)

All passenger-carrying devices shall conform to the following requirements:

(1)

The interior and exterior parts of all passenger-carrying amusement devices with which a passenger may come in contact shall be smooth and rounded, free from sharp, splintered or rough edges and corners, with no protruding studs, bolts, screws or other projections. Interior parts upon which a passenger may be in contact shall be adequately padded.

(2)

Devices that are self-powered and that are operated by passengers shall have the driving mechanism so guarded and the guards so locked in place as to prevent passengers from gaining access to the mechanism.

(3)

Belts, bars, footrests and other equipment as may be necessary for safe operation, riding, access, egress or support shall be provided on all amusement devices. Such equipment and the fastenings shall be installed and maintained in the same condition as the equipment tested. All fastening devices used in securing persons in their allotted space in a device shall be of such design that they cannot be opened during the operation of the device.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.910.

Sec. 160.111. - Means of access and egress.

(a)

Safe and adequate means of access to and egress from amusement devices, rides and temporary structures shall be provided. Such means of access and egress shall have:

(1)

Protection from adjacent hazards provided by means of rails, barrier walls, enclosures or similar means.

(2)

All passageways kept free from debris, obstructions, projections and other hazards; all surfaces to be such as to prevent slipping and tripping.

(3)

A passageway which shall not be less in width than the exit door or stairs to which it leads, nor less than 44 inches in width with head clearance of not less than seven feet.

(4)

Either stairways or ramp and the necessary connecting landings and/or platforms to enter or leave a device, ride or temporary structure that is above or below grade or floor level.

(b)

Stairways, landings and ramps shall meet the following design criteria:

(1)

Stairways, landings and ramps shall be designed, constructed and maintained to sustain a live load of at least 100 pounds per square foot. Stairways, landings and ramps shall not be less than 22 inches in width for single-lane passage or 44 inches for dual-lane passage. Landings shall not be less than three feet long measured in the direction of travel.

(2)

Stair treads shall be not less than nine inches, risers shall not be greater than seven and three-fourths inches and the multiple of tread times riser shall be between 70 and 75.

(3)

Ramps shall not have slopes greater than one foot in five feet.

(c)

Handrails shall be located on both sides of ramps and stairways of more than two risers. Such rails shall be 30 inches above the ramp surface or nose of stairs and 42 inches above landings and be capable of withstanding a load of 30 pounds per linear foot applied outward horizontally to the top rail. A minimum protection of two horizontal rails shall be equally spaced between the handrail and the ramp surface or nose of stairs.

(d)

All structures, permanent or temporary, shall have at least two exits located at or near opposite ends of the structure. Exit locations shall be located in accordance with the 1976 edition, Life Safety Code, NFPA 101-77, National Fire Protection Association.

(e)

Tents, grandstands and air-supported structures shall meet the provisions of the Standard for Tents, Grandstands and Air-Supported Structures Used for Places of Assembly, NFPA 102-82, National Fire Protection Association.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.911.

Sec. 160.112. - Control of operation.

Amusement devices, other than those which are passenger-operated or -controlled, shall only be operated by persons over 18 years of age who are employed by the manager and who are thoroughly familiar with the device. The operator shall be in the immediate vicinity of the operating controls during operation and no unauthorized person shall be permitted to handle the controls during normal operation.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.912.

Sec. 160.113. - Insurance.

Prior to the issuance of a permit for activities covered under this Chapter, the manager shall file with the administrator a certificate of insurance providing the following coverage for patrons of activities covered under this Chapter:

EXPAND Amount Type Each Person Each Occurrence Aggregate (1) Comprehensive general bodily injury liability $100,000 $1,000,000 $1,000,000 Property damage —    200,000    200,000 (2) Bodily injury liability  100,000  1,000,000  1,000,000 Property damage —    200,000    200,000

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.913.

Sec. 160.114. - Penalties.

Any person who shall violate any provision of this Chapter shall be deemed guilty of a class C offense against the City.

(Ord. 78-275-156, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.914.

Sec. 158.507. - Suspension and termination of Certificate. Chapter 162 - BATHING ESTABLISHMENTS