Regulation Filing To be completed by filing agency
CHAPTER NUMBER:
CHAPTER TITLE :
AGENCY:
SUMMARY OF REGULATION : State the general requirements and purposes of this regulation.
REGULATORY AUTHORITY :
AGENCY CONTACT : PHONE:
ADDRESS:
Compliance with M.G.L. c. 30A
EMERGENCY ADOPTION -if this regulation is adopted as an emergency, state the nature of the emergency.
PRIOR NOTIFICATION AND /OR APPROVAL - If prior notification to and/or approval of the Governor,
Legislature or others  was required, list each notification, and/or approval and date, including notice to the Local 
Government Advisory Commission .
PUBLIC REVIEW - M.G.L. c. 30 A sections 2 and/or 3 requires notice of the hearing or comment period,
including a small business impact statement, be filed with the Secretary of the Commonwealth, published in 
appropriate newspapers, and sent to persons to whom specific notice must be given at least 21 days prior to 
such hearing or comment period.
Date of public hearing or comment period:THE COMMONWEALTH OF MASSACHUSETTS
William Francis Galvin
Secretary of the Commonwealth
Department of Public Safety
520 CMR 5.00
Amusement Devices
The purpose of 520 CMR 5.00 is to provide reasonable standards for the design, construction, 
inspection and operation of amusement devices for the safety of the public. 520 CMR 5.00 provides 
reasonable standards for safety with regard to the design, construction, and inspection and operation 
of amusement devices. Further, the DPS commissioner is statutorily required by G.L. c. 140, § 205 A  to 
establish the the safety standards of mechanical strength, rigidity, and control established by the 
Commissioner that the amusement device must meet.
G.L. c. 140, § 205A
Stephen Carley 617-826-5216
One Ashburton Place, Room 1301, Boston, MA, 02108
Approval by Executive Office for Administration & Finance: 1/28/16
LGAC Notice: 2/4/16
3/10/16Docket #  171
 55The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.FISCAL EFFECT -
Estimate the fiscal effect of the public and private sectors.
For the first and second year:
For the first five years:
No fiscal effect :
SMALL BUSINESS IMPACT - M.G.L. c. 30 A section 5 requires each agency to file an amended small
business impact statement with the Secretary of the Commonwealth prior to the adoption of a proposed 
regulation.  If the purpose of this regulation is to set rates for the state, this section does not apply.
CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation:
PROMULGATION - State the action taken by this regulation and its effect on existing provisions of the Code
of Massachusetts Regulations (CMR) or repeal, replace or amend.  List by CMR number:
ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation
SIGNATURE : DATE :
Publication - To be completed by the Regulations Division
MASSACHUSETTS REGISTER NUMBER: DATE :
EFFECTIVE DATE :
CODE OF MASSACHUSETTS REGULATIONS
Remove these pages:                   Insert these pages:SIGNATURE ON FILEadopted by this agency. ATTEST :
1335 03/24/2017
03/10/2017 kr03/24/2017Mar 10 2017 1/9/17
Amusement devices
Challenge courses
Climbing walls
Amend 520 CMR 5.00
1 & 2
23 - 34.4.2
34.7 - 34.10
34.13 - 34.341 & 2
23 - 34.4.2
34.7 - 34.10
34.13 - 34.34.2Date amended small business impact statement was filed:
 56The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:  DEPARTMENT OF PUBLIC SAFETY 
Page 
520 CMR 1.00: ENFORCEMENT OF CIVIL FINES 5
 Section 1.01: Purpose, Scope, and Definitions 5
 Section 1.02: Assessment of Civil Fines Pursuant to  M.G.L. c. 22, § 21 5
 Section 1.03: Appeals 8.1 
(520 CMR 2.00 THROUGH 4.00:  RESERVED) 8.3 
520 CMR 5.00: AMUSEMENT DEVICES 23 
 Section 5.01: General Provisions 23 
 Section 5.02: General Administrative Provisions 32 
 Section 5.03: Rider Responsibility 34.6 
 Section 5.04: Owner Responsibility 34.6 
 Section 5.05: Manufacturer Responsibility 34.12 
 Section 5.06: Revocation and Suspension of Licenses  and Permits 34.13 
 Section 5.07: Design and Construction 34.14 
 Section 5.08: Operation of Amusement Devices 34.18 
 Section 5.09: Inflatable Devices 34.23 
 Section 5.10: Trackless Trains and Similar Devices 3 4.32 
 Section 5.11: Go-karts and Facilities 34.33 
 Section 5.12: Concession Racing Karts and Facilitie s 34.34 
 Section 5.13: Bungee Jumping 34.40 
 Section 5.14: Challenge Courses 34.43 
 Section 5.15: Climbing Wall Facilities 34.50 
520 CMR 6.00: HOISTING MACHINERY 35 
 Section 6.01: General Provisions, Scope, Definition s, Standards Adopted 35 
 Section 6.02: General Administrative Provisions, In cluding Requirements for 
Licensure, Apprentice Licenses, and Renewals 38 
 Section 6.03: Issuance of Temporary Permits to Oper ate Rented Compact Hoisting 
Machinery 41 
 Section 6.04: Continuing Education and Training Fac ilities 43 
 Section 6.05: Apprentice Licenses 44.2 
 Section 6.06: Exempt Companies; Exemptions for Lice nsing Requirements, 
Pursuant to M.G.L. c. 146, § 53 44.2 
 Section 6.07: In-service Training Program for Exemp t Companies 44.3 
 Section 6.08: Operating Procedures for Hoisting Mac hinery 44.5 
 Section 6.09: Special Requirements for Cranes, Derr icks, Pile Drivers, Excavating 
Machines, Fork Lifts, and Hoists 44.6 
 Section 6.10: Classification of Licenses; Qualifica tions 44.10 
 Section 6.11: Operation of Hoisting Machinery; Acci dent Reporting 44.12 
 Section 6.12: Suspension, Revocation, and Appeals o f Licensing, Certification, 
and Temporary Permitting 44.12 
 Section 6.13: Variance Procedure 44.13 
(520 CMR 7.00 THROUGH 12.00:  RESERVED) 45 
 520 CMR 13.00: THE OPERATION OF HORSE DRAWN CARRIAG ES FOR 
PUBLIC HIRE ON PUBLIC ROADS AND WAYS OF THE 
COMMONWEALTH TO ENSURE PUBLIC SAFETY 111 
 Section 13.01: Scope and Purpose 111 
 Section 13.02: Definitions 111 
 Section 13.03: General Administrative Provisions; I ssuance of Annual License; 
Denials; Appeals 112 
3/24/17 520 CMR - 1
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:  DEPARTMENT OF PUBLIC SAFETY 
Page 
 520 CMR 13.00: THE OPERATION OF HORSE DRAWN CARRIAG ES FOR 
PUBLIC HIRE ON PUBLIC ROADS AND WAYS OF THE 
COMMONWEALTH TO ENSURE PUBLIC SAFETY (continued) 
 Section 13.04: Issuance of Certification of Compete ncy to be a Carriage Horse 
Driver, Disqualifications; Examinations; Denials; A ppeals 113 
 Section 13.05: Driver Responsibility 114 
 Section 13.06: Licensee Responsibilities 114 
 Section 13.07: Inspections 115 
 Section 13.08: Additional Requirements for Horse Dr awn Carriages and Horse 
Safety 115 
 Section 13.09: Driver's Duties, Hours, Days of Oper ation, Routes for Carriage 116 
 Section 13.10: Carriage and Horse Operations Prohib ited During Adverse Weather 
Conditions, Detrimental to Public Safety 116 
 Section 13.11: Accident Notification Requirements 11 7 
 Section 13.12: Suspension or Revocation of License,  Appeal Process 117 
 Section 13.13: Exemption from Examination Requireme nts for Certificate of 
Competency to be a Carriage Horse Driver 118 
 520 CMR 14.00: EXCAVATION AND TRENCH SAFETY 119 
 Section 14.01: Authority, Purpose, and Scope 119 
 Section 14.02: Definitions 119 
 Section 14.03: Permitting Requirements 120 
 Section 14.04: Protections for the General Public 1 21 
 Section 14.05: Suspension and Revocation of Permits ; Assessment of Fines; 122 
Immediate Shut-down; Appeals 
520 CMR 15.00: PERMITTING OF ICE CREAM TRUCK VENDORS  125 
 Section  15.01: Authority, Purpose and Scope 125 
 Section  15.02: Definitions 125 
 Section  15.03: Permitting Requirements; Conspicuou s Posting 125 
 Section  15.04: Uniform Permit Applications and Per mit Forms 125 
 Section  15.05: Issuance of Permits; Renewals; Inve stigation by Permitting 
Authority into Criminal History of Applicant 126 
 Section  15.06: Assessment of Fines; Hearings 126 
 520 CMR 16.00: ENFORCEMENT OF CIVIL FINES FOR EXPIR ED 
ELEVATOR CERTIFICATES 127 
 Section 16.01: Purpose, Scope, and Definitions 127 
 Section 16.02: Assessment of Fines for Operation of  Elevator Beyond 
Certificate Expiration Date 127 
 Section 16.03: Appeals 128 
(PAGES 3 AND 4 ARE RESERVED  FOR FUTURE USE.) 
12/30/16 520 CMR - 2
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:    DEPARTMENT OF  PUBL IC SAFETY
10/25/13 520 CMR - 23520 CMR 5.00: AMUSEMENT DEVI CES
Section
5.01:   Gener al Provisions
5.02:   Gener al Administrative Provisions
5.03:   Rid er Responsibility
5.04:   Owner Responsibility
5.05:   Ma nufacturer Responsibility
5.06:   Re vocation and Suspension of Licenses and Permits
5.07:   Desig n and Construction
5.08:   Opera tion of Amusement Devic es
5.09:   I nflatable  Device s
5.10:   Trac kless Trains a nd Simi lar De vices
5.11:   Go-karts and Facilities 
5.12:   Co ncession Racing Karts and Facilities 
5.13:   Bu ngee Jumping 
5.14:   Challeng e Courses
5.15:   Cli mbing Wall Fa cilities
5.01:   Gener al Provisions
(1)   Scope.  520  CMR 5.00 is promulgated by the Department of Public Safety (Department)
pursuant to authority  grante d by M.G.L . c. 140, § 205A.
The purpose  of 520 CMR 5.00 is t o provide re asonable  standards f or the de sign, c onstruction,
inspection and ope ration of a musement device s for the sa fety of the public.
520 CMR 5.00 shall apply  to amusement devic es as de fined by  520 CMR 5.01.
520 CMR 5.02, 5.04, 5.05, 5.07, and 5.08 shall not apply to inflatable devices challenge
course s, or climbing w all fac ilities as de fined in 520 CMR 5.01, except that 520 CMR 5.02(2)
shall apply.
520 CMR 5.00 shall not  apply  to:
(a)   A  manually, me chanically or electrically operated, coin- operated ride, which is
customarily placed, singly or in groups, in a public location and which does not  normally
require  the supervision or se rvice s of an ope rator; or  
(b)   A r ider- or  gravity -prope lled ride that is not a mecha nical devic e, or is not limited to a
fixed or r estricted c ourse, a nd is not located in an a musement are a or pa rk.
Where ther e is a conf lict betwee n 520 CMR 5.00 and any  referenced sta ndard othe r than
Americ an Society  for Te sting a nd Materia ls (ASTM), 520 CMR 5.00 shall gover n.
(2)   Definitions . The following  words and terms, when used in 520 CMR 5.00, shall have the
following  meaning s unless the contex t clearly indicates other wise or the te rm is rede fined for  a
specific  section or pur pose.
ACCT.  The Association for  Challeng e Course Te chnolog y. 
ACS Nu mber.  An identifying number issued by the Department and associated with a   specific
artificia l climbing structur e included on a n artificia l climbing structur e floor pla n. 
Agreement of Non-disclosure .  A document provided by and approve d by the Depa rtment of
Criminal J ustice Information Services binding the executing parties to request, access and revie w
criminal offender record information to the  extent author ized by  the Depa rtment of Criminal
Justice I nformation Servic es and no t to reve al, transmit or re publish in whole or in part any
information obtained as the  result of a criminal offender records information report that would
be in violation of M.G.L. c. 6,  §§ 168 through 1 78B.
AIMS.  Am usement Industry Manufacturers and Suppliers International.
Amusement De vice.  A fixe d or portable mechanical device similar to, but not limited to ferris
whee ls, carousa ls, rock wa lls, euro-bung ee or  similar devices, inc lined railwa ys or similar
device s, including infla tables, c hallenge c ourses, a nd artificia l climbing structur es, as we ll as
amusement dev ices as def ined by  ASTM. Coin operated de vices, skill ga mes or play ground
equipments that have  no mecha nical devic es ar e not within 520 C MR 5.01(2):  Amusement
Device .  Go kar ts, conce ssion  go ka rts, and other  mecha nical devic es that are confined to one
path of travel shall be considered an amusement device per path of travel.
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.01:   continued 
Amusement Park .  A location that has 35 or more amusement devices  that may be operated. 
Amusement Park Operator .  Any person, firm or corporation that owns, lease s, manages or 
operates an amusement park. 
Application .  A standard form of application, issued by the De partment, for a license to operate 
an amusement device as defined by 520 CMR 5.00. 
A.N.S.I .  American National Standards Institute. 
Artificial Climbing Structure (ACS) .  Sports equipment exclusively designed and origin ally built 
to simulate rock climbing and not located in an amu sement park or carnival.  ACSs may be 
designed and used for lead climbing, top rope climb ing, and/or bouldering.  ACSs may be 
temporary or permanent.  ACSs may be considered Cha llenge Course elements when used as part 
of a supervised educational/recreational curriculum . 
A.S.M.E .  American Society of Mechanical Engineers. 
ASTM .  American Society for Testing and Materials Inter national. 
Automatic Mode .  The ability, after initialization, of the amusem ent ride or device to start, 
operate, move, etc . with limited or no operator intervention. 
A.W.S .  American Welding Society. 
Belay Systems .  Systems of equipment, and corresponding techniqu es, which control a climbing 
rope, lanyard, cable or other material to provide f all protection to a moving climber.  Belay 
systems may employ a variety of equipment and techn iques and may be human-operated or 
automatic mechanical systems. 
Block System .  A system on an amusement device with separate ve hicles designed to limit the 
number of vehicles in a certain area of the ride. 
Carnival .  A mobile enterprise principally devoted to offer ing amusement or entertainment to the 
public in, upon, or by means of portable amusement devices or temporary types of structures in 
any number or combination, whether or not associate d with other structures or forms of public 
attraction. 
Certificate of Competency .  A certificate issued to individuals pursuant to M.G.L. c. 146, § 62. 
Certified Inflatable Device Mechanic .  An individual designated by the owner of an infl atable 
device as the person responsible for overseeing the  maintenance of an inflatable device and who 
has a valid NAARSO Level I or II certification, AIM S Level I or II maintenance certification or 
a person holding a B.S. in engineering with a minim um of three years experience in the 
amusement industry, or a person certified by the De partment as an inflatable device mechanic 
in accordance with 520 CMR 5.09(1)(j). 
Certified Inspector .  A person who has obtained a Massachusetts Certif icate of Competency to 
inspect amusement devices or to inspect climbing wa lls and challenge courses, and who is not 
an employee of the Department. 
Certified Maintenance Mechanic .  An individual designated by the owner of an amus ement 
device as the person responsible for overseeing the  assembly, set up and maintenance of 
amusement devices and who has been certified by the  Department as a certified maintenance 
mechanic in accordance with 520 CMR 5.02. 
3/24/17 520 CMR - 24
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.01:   continued 
Challenge Course .  A facility or facilities not located in an amuse ment park or carnival consisting 
of one or more elements that challenge participants  as part of a supervised educational/ 
recreational curriculum. 
Challenge Course Manager .  A person who is 21 years of age or older and is primarily 
responsible for the oversight, management, and gene ral operation of the Challenge Course, 
including, but not limited to, developing and maint aining operating policies and procedures, 
supervision and training of staff, performance eval uation, routine maintenance and inspection 
of the facility and equipment, and general record k eeping. 
Challenge Course Staff .  A person located on-site during the operation of  the challenge course 
who is 18 years of age or older who works under the  supervision of the Challenge Course 
Manager and is responsible for day-to-day operation  of the Challenge Course, including but not 
limited to supervision of Staff Assistants, routine  maintenance and inspection of equipment and 
general equipment record keeping. 
Challenge Course Staff Assistant .  A person who may operate Challenge Course elemen ts only 
under the direct supervision of Challenge Course St aff. 
CIK .  Commission International de Karting. 
Climbing Wall Facility .  A facility not located in an amusement park or c arnival designed and 
built for the sport of rock climbing, including asc ending, descending, and traversing over 
simulated rock surfaces that use belay systems in t heir normal operation. 
Climbing Wall Facility Manager .  A person who is 21 years of age or older and is primarily 
responsible for the oversight, management, and gene ral operation of the Climbing Wall Facility, 
including, but not limited to, developing and maint aining operating policies and procedures, 
supervision and training of staff, performance eval uation, routine maintenance and inspection 
of the facility and equipment, and general record k eeping. 
Climbing Wall Facility Staff .  A person located on-site during the operation of  the Climbing 
Wall Facility who is 18 years of age or older who w orks under the supervision of the Climbing 
Wall Facility Manager and is responsible for the da y-to-day operation of the climbing wall, 
including but not limited to supervision of Staff A ssistants, routine maintenance and inspection 
of equipment and general equipment record keeping. 
Climbing Wall Facility Staff Assistant .  A person who may assist in the operation of an A rtificial 
Climbing Structure only under the direct supervisio n of Climbing Wall Facility Staff. 
Climbing Wall Operating Manual .  A document that includes policies and procedures  for the 
orientation of patrons, belay training and testing or patrons, care and use of facility-owned 
climbing equipment, and emergency procedures. 
Commissioner .  The Commissioner of the Department of Public Saf ety. 
Containment .  The features in an amusement device which accomm odate the patron for the 
purpose of riding the ride.  This may include but i s not limited to the seats, side walls, walls or 
bulkheads ahead of the rider(s), floors, objects wi thin the vicinity of the rider(s), restraint system s 
and cages. 
CORI .  Criminal Offender Record Information. 
Criminal History Inquiry Procedure .  A document required to be produced by an applica nt for 
licensure that establishes the applicant's policy f or conducting criminal history inquiries and 
providing subsequent notification to applicants of their suitability for employment. 
3/24/17 520 CMR - 25
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:    DEPARTMENT OF  PUBL IC SAFETY
10/25/13 520 CMR - 265.01:   continued
CWA.  Climbi ng Wall Association. 
Daily Equipment Inspection Log.  A form for use on Challenge Cou rses and in C limbing Wal l
Facilities completed by  the Challeng e Course Staff  or Climbing Wall Fac ility Staff which
documents that the e quipment has bee n inspected be fore each day ’s use.
Daily Maintenance Inspection Log.  A form completed by the certified ma intenance mechanic
or the maintena nce te chnician w hich details the re sults of the maintenanc e inspec tion.
Daily Operator’s Inspection Log.  A form completed by the ride operator which details the results
of the ope rator’ s inspection.
DCJIS.   D epartment of Criminal Just ice Information Services.
Department.  The Department of Public Safety.
Depa rtment of Cri minal Justice I nformation Servic es CORI  Request For m.  A form produc ed
by the Depa rtment of Criminal J ustice I nformation Servic es which, w hen executed by  an
applicant, g rants authority  to a Department of Criminal J ustice I nformation Servic es-authorized
party  to acc ess information re gulated by  the Depa rtment of Crimina l Justice Information Service s
and maintained by the Board of Probation regarding the criminal histo ry of the applicant within
the Massachusetts Cou rt system.
Element.  An apparatus which may include but not be limited to, equipment designed to simulate
rock climbing, beams, bridges, cable traverses, climbing walls, nets, platforms, ropes, swings,
towers, or  zip wires that employ  fall protec tion sy stems in their opera tion.  Elements may  be
installed on or in tree s, pole s, portable struc tures, buildings or  be a pa rt of a se lf-supporting
structure . 
Elem ent Num ber.  A n identify ing numbe r issued by  the Depa rtment and a ssociated with a
specific  element or  artificia l climbing structur e included on a  challeng e cour se site plan. 
Employee CORI Reports.  Docume nts ge nerated as a  result of the pr ocess of  reque sting,
receiving , and eva luating c riminal offe nder r ecord information. 
Employ ee Training  Documenta tion.  A f orm that details specif ic training  received by  opera tors
of amusement devices.
Fastening Devices.  Bolts, nuts, pins, clips or any other component that secures one part to
another .
Fence.  A type of barrier consisting of, but not limit ed to, posts, boards, wire, stakes, or rails that
is used to inhibit  patrons fr om coming into undesira ble contac t with the moving por tion or
restric ted portion of an a musement ride or  device .
FIA.  Fe deration I nterna tional de l’Automobile.
First Aid.  The  one-time trea tment or subsequent obser vation of scr atche s, cuts not requiring
stitches, burns, splinters, contusions and minor complaints.  For  purposes of 520 CMR 5.00,
"first aid" shall not include first response to a serious injury.
Fixed Amusement Devic e.  An amusement device  which stay s at one loca tion during the  term
of the lice nsed y ear. 
Floor Plan.  A document which includes a graphic  representa tion of  sufficie nt clarity  to identify
all ACS, the corre sponding A CS num ber be ginning a t 01 for the f irst element and c ontinuing
sequentially  until all  ACS are numbere d and the plan indica tes the appr oximate location in a
specified facility.
Gate.  A  section of f encing  that may  be opene d.
Hand Mode.  The ability  of the a musement ride or  device  to start, opera te, move, etc. only with
opera tor intervention.
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.01:   continued 
IKF .  International Karting Federation. 
Illness .  Personal discomfort resulting in treatment inclu ding personal illness, food poisoning, 
drug abuse, toxic inhalation, insect stings or othe r similar occurrence. 
Inflatable .  A device of any size that incorporates a structu ral and mechanical system and 
employs a high strength fabric or film that achieve s its strength, shape, and stability by 
tensioning from internal air pressure.  Inflatable  shall not include devices which are privately 
owned and/or operated or similar inflatable devices  that are used for professional exhibition or 
stunt work, safety and rescue activities, aerial or  aviation structures or devices, exhibit floats or 
similar inflatable devices. 
Injury .  Sustained bodily harm resulting in treatment suc h as trauma, cuts, bruises, burns, and 
sprains. 
Injury and Incident Documentation .  A form detailing all specific information regard ing any 
injury or incident that may have occurred. 
Itinerary .  A form provided to the Department, by an owner w hich lists the locations and dates 
where the owner intends to use an amusement device,  as well as the intended amusement devices 
to be used at that location. 
Key Component .  A component or system that has been designated b y the manufacturer as 
requiring special fabrication, maintenance, inspect ion or operation due to its importance to the 
continued proper and safe operation of the amusemen t device. 
Large Inflatable .  An inflatable that has a surface that is designe d to enable patrons to stand, sit 
or climb to a height of 12 feet or higher. 
Latched .  Held securely against opening except by intentio nal action of the rider, operator or 
other means. 
License .  A certificate issued by the Department to an own er after the owner’s application has 
been submitted to and approved by the Department. 
Local Operating Procedures .  Site specific information and procedures that ar e based upon the 
Standard Operating Procedure and reviewed by the Ce rtified Inspector which establish minimum 
acceptable criteria for all Challenge Course progra mming at the site.  The documents are 
developed by the Challenge Course Manager and shall  define policies, procedures and practices 
and shall include, but not be limited to, appropria te operating procedures for specific elements 
and the Daily Equipment Inspection Log 
Low Element .  A Challenge Course element or activity where par ticipant is spotted if needed to 
limit risk, and where the use of a belay system is not required. 
Maintenance Repair Log .  A log completed by the certified maintenance mec hanic, the 
maintenance technician, the Challenge Course Staff,  or the Climbing Wall Facility Staff which 
details all work performed on the amusement ride, a rtificial climbing structure, or challenge 
course. 
Maintenance Technician .  A person who is appropriately trained in the mai ntenance, repair, and 
upkeep of amusement devices and their components an d has received training appropriate to 
their job function. 
Major Modification .  Any change in either the structural or operation al characteristics of a ride 
which alters its performance from that specified in  the manufacturer’s design criteria. 
Manufacturer .  A person who has responsibility for the manufact ure of any amusement device 
to be used or installed in the Commonwealth, or sol d for use in the Commonwealth. 
3/24/17 520 CMR - 27
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:    DEPARTMENT OF  PUBL IC SAFETY
10/25/13 520 CMR - 285.01:   continued
Manufacturer’s Bulletins.  Documents provided by the manufacturer to owners regarding alerts
and maintena nce modific ations after  an amuse ment device  has bee n manufa cture d.
Manufa cture r’s Maintenanc e Manual.  A document provide d by the manufa cture r that deta ils the
maintenanc e requirements and pr ocedur es of the a musement device .
Manufa cture r’s Ope rators Ma nual.  A docume nt provided by  the manufa cture r that details the
opera tional require ments of an a musement device .
Manufa cture r’s Set-up and Assembly  Manual.  A document provided by  the manufa cture r of a n
amusement de vice that de tails the require ments and proc edure s to properly  erect the amuse ment
device .
Mechanica l Malfunction.  A structur al fa ilure of a  load bea ring element, a  mecha nical or
electrical fa ilure of a  drive or c ontrol sy stem com ponent or a failure of  a restraint sy stem that
compromises ride safety.
Minor Injury/Illness.  Injuries and illnesses which ma y or may not require emergency  first aid
or significant treatment, or both, but cannot be otherwise classified as a serious injury or illness.
This c ategory includes incidents wher e treatment is li mited to such things as the  dispensation of
over- the-c ounter medic ation or plastic adhesive  strips, c leansing , rest, and othe r similar duties
or assistance .
Minor Modification.  Any  chang e that does not alter the structura l or opera tional char acteristics
of the ride  or cha nge its perf ormanc e from that specified in the ma nufac turer’ s desig n criter ia.
MSA.  Motor Sports Association.
NAARSO.  National Association of Amusement Ride Safety Officials.
NDT “ Non-de structive Te sting” .  To examine and evaluate parts, areas, or items for de fects at
or below the  surfa ce.
NDT S tatement.  A non-destructive t esting  plan or a statement from the manufa cture r that NDT
is not required.
Oper ating  Manual.  The  document that conta ins the require d proce dures a nd forms for  the safe
opera tion of an amuseme nt device a t the stated site.
Oper ator.  See Ride Opera tor.
Oper ator Assistant.  A per son 16 y ears of ag e or olde r whose duties include, but are not limi ted
to, loading  and unloading ride rs of a musement device s, including infla table devic es, collec ting
tickets, che cking  seatbe lts, lap bars and othe r restraints and occ upying the  entra nce or  exit areas
to preve nt intrusion while the amusement de vice or  the inflatable  is in operation, but who is not
the oper ator.
Operator Presence Device.  A device which, when activated, requires an operator to remain in
contac t with the switch during  the entire  ride c ycle. 
Owner .  A person who ow ns, leases, or  manag es the ope rations of a musement device s, including
individuals, partnerships, and corporations.
Park.  See  Amusement Park.
Parking  Brakes.  B rakes that are used t o keep the amusement de vice f rom moving onc e the r ide
has stopped.
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.01:   continued 
Participant.  An individual who engages in activities on a Chall enge Course element under the 
supervision of Challenge Course Staff. 
Patron .  See  Rider .
Permit .  A sticker with a unique number, assigned by the Department and adhered to the Unique 
State Identification (USID) plate of an amusement d evice at the beginning of each amusement 
season.  See  USID .
Portable Amusement Device .  An amusement device which is transported to diff erent locations 
within the term of the licensed year. 
Primary Circulation Area .  An area leading directly to the entrance or exit  of a ride that is 
normally traveled by patrons.  These areas would no t include emergency exit routes, maintenance 
areas, or other areas not normally on the route of the patron. 
Qualified Challenge Course Professional .  An individual who is trained in providing Challe nge 
Course services including any one or combination of  the following: design, installation, 
inspection and training services and who has been c ertified by the ACCT, an equivalent
organization, or submits evidence of comparable qua lification that is approved by the 
Commissioner.  Evidence of qualification to be a Qu alified Challenge Course Professional may 
include, but shall not limited to: a person holding  a B.S. in engineering with a minimum of one 
year experience in the design, engineering, or manu facturing of challenge courses, or a person 
with a minimum of three years experience in the des ign, engineering, or manufacturing of 
challenge courses. 
Qualified Manufacturer’s Representative .  The person or persons qualified by prior experie nce, 
education, or training, and designated by the manuf acturer, to inspect artificial climbing 
structures. The Qualified Manufacturer’s Representa tive shall be trained by the manufacturer to 
conduct inspections of artificial climbing structur es, and may be trained to inspect related 
personal protective equipment.  Evidence of qualifi cation to be a Qualified Manufacturer’s 
Representative may include, but shall not limited t o: a person holding a B.S. in engineering with 
a minimum of one year experience in the design, eng ineering, or manufacturing of artificial 
climbing structures, or a person with a minimum of three years experience in the design, 
engineering, or manufacturing of artificial climbin g structures. 
Reassembly .  The installation, erection, or reconstruction of  an amusement device following 
transportation or storage and prior to operation. 
Records .  Documents that an owner shall be in possession o f, and shall make available to 
inspectors of the Department upon request. 
(a)   In accordance with the requirements of 520 CM R 5.04(5); 5.09(2)(d); 5.13(17)(d), such 
documents shall include, but are not limited to: 
1.   Manufacturer’s set up and assembly manual; 
2.   Manufacturer’s maintenance manual; 
3.   Manufacturer’s bulletins; 
4.   Manufacturer’s operators manual; 
5.   Daily maintenance inspection logs (except for inflatables); 
6.   Daily operator inspection logs; 
7.   Maintenance repair logs; 
8.   Amusement incident reports; 
9.   Employee training documentation; 
(b)   In accordance with the requirements of 520 CM R 5.14(2)(d)(challenge courses) and 
5.15(3)(d)(climbing walls) such documents shall inc lude, but are not limited to: 
1.   Local operating procedures; 
2.   Site plans; 
3.   Daily equipment inspection logs; 
4.   Staff training plans; and 
5.   Maintenance repair logs. 
3/24/17 520 CMR - 29
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:    DEPARTMENT OF  PUBL IC SAFETY
10/25/13 520 CMR - 305.01:   continued
Reduction Br akes.  B rakes desig ned to slow the motion of the amuseme nt device.
Redundant Restraint De vices.  I ndepende nt restra ints in the sense tha t the seconda ry device , for
example, la p bar, containment enclosure , is able to restrain the patron in case of failure of the
primary restraint.
Renter.  An individual who executes a contract with the owner of an inflatable device for the
temporar y use of the de vice.
Repair.  To r estore a n amusement de vice c omponent with like c omponents or materia ls tha t meet
or excee d curr ent desig n specific ations for the a musement device . 
Restraint.  The sy stem, device  or charac teristic t hat is intended to inhibit or restrict the moveme nt
of the pa tron(s).
Retarding  Brakes.  A  device  that preve nts the ride from exceeding  a determined spee d by means
of friction or induction ma gnets.
Ride.  See Amusement De vice.
Ride Opera tor.  Any  person 18 y ears of ag e or olde r, engage d in or direc tly controlling  the
operations of an amusement device, including large inflatable devices.
Rider.  A per son riding on or  utili zing an a musement device , including inf latable de vices a nd
artificial climbing structures.
Safety  Bulletin.  A supplementa l notificat ion delivere d by the manufa cture r to an owne r that
contains new  information or new rec ommendations for inspec tions, testing, re pair, ope ration or
training .  This term includes, but is not lim ited to, Safety  Alerts, Servic e Bulletins, and
Notifications as indica ted in ASTM F-853.
SCC A.  Sports Car Club of Americ a.
Serious I njury /Illness.  A persona l injury /illness that results in dea th, dismemberment, significa nt
disfigur ement, per manent l oss of the use of a body  organ, member , function, or sy stem, a
compound fra cture , or other sig nificant injury /illness that requires immed iate admission and
overnig ht hospitaliz ation and obser vation by  a license d phy sician.
Site Pl an.  A document which includes a gra phic re prese ntation of sufficie nt clarity  to identify
individual Challenge  Course Elements, the corresponding  element number beginning at 01 for
the first ele ment and continuin g sequentially  until all elements are  numbere d and the
approximate location in a specified course or facility.
Small  Inflatable.  An inflatable that has a surface that is designed to enable patrons to stand, sit
or climb at a height of less than 12 feet.
Staff Tra ining Plan.  A wr itten document that re cords the pr ofessional and internal training
history and tr aining requirements for Climbing Wal l Facility personnel or Cha llenge Cou rse
personnel.  The training requirements must be completed prior to Climbing Wall Facility
personne l or Challenge  Course pe rsonnel being  allowed to oper ate a n Artificial Climbing
Structure or Challenge Course.  The  Staff Training Plan shall be created by the Challenge Course
Manager or the Climbing Wall Facility Manager in conjunction with the Qu alified Challenge
Course Profe ssional or Qualified Ma nufac turer' s Represe ntative and sha ll at a minimum  adher e
to training  standards set forth w ithin ACCT  Challenge Course Standards , 8 Edition forth
challeng e cour se per sonnel or CWA Industry Practice s A So urcebook  for the Operation of
Manufactured Climbing Walls, 3 Edition, 2007, for climbing wall staff or equivalent standa rdsrd
as appr oved by  the Commiss ioner.
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.01:   continued 
Standard Operating Procedure .  A document approved by the Qualified Challenge C ourse 
Professional that establishes general minimum accep table standards of operation for the 
Challenge Course in accordance with ACCT or equival ent standards as approved by the 
Commissioner. Standard Operating Procedures are not  designed to address issues that are 
specific to individual Challenge Course programs. 
State Inspector .  An inspector of the Department of Public Safety assigned by the Commissioner, 
who has been trained by the Department in the inspe ction of amusement devices to ensure 
compliance with ASTM standards and 520 CMR 5.00. 
Trailer Mounted Kiddie Ride .  An amusement device designed primarily for use b y children up 
to 12 years of age which is mounted on a trailer an d is designated as a kiddie ride by the 
manufacturer. 
Traveler .  A binder or electronic file in a universally acc epted format that travels with the 
amusement device and which shall contain the record s and state or certified inspection reports 
performed on the ride for the past 30 days. 
Trim Brakes .  See  Retarding Brakes .
UIAA .  International Climbing and Mountaineering Federa tion ( Union Internationale des 
Association d'Alpinisme ). 
USID Number .  A unique identifying number assigned to each rid e at the time the first permit 
is issued. 
WKA .  World Karting Association. 
(3)   Standards Adopted .  The standards listed below are adopted and incor porated as part of 
520 CMR 5.00.  Devices constructed in accordance wi th the ASTM standards or other 
recognized engineering standards in effect at the t ime of the device's manufacture shall be 
considered constructed in accordance with the follo wing standards.  In the event that any 
provision in any of the following standards, other than ASTM, conflicts with a provision of 
520 CMR 5.00, 520 CMR 5.00 shall govern. 
29 CFR OSHA Part 1910 OCCUPATIONAL SAFETY AND HEALTH STANDARDS 
Subpart O -- Machinery and Machine Guarding 
ACCT Challenge Course Standards 8th  Edition 
ANSI B11.19    2010 Performance Criteria for Safeguarding 
ASTM F770 - 11 Standard Practice for Ownership and Operation of Am usement 
Rides and Devices 
ASTM F846-92 Standard Guide for Testing Performance of Amusement  Rides 
and Devices (2009) 
ASTM F853 - 05 Standard Practice for Maintenance Procedures for Am usement 
Rides and Devices 
ASTM F1159-11 Practice for Design and Manufacture of Patron Direc ted, 
Artificial Climbing Walls, Dry Slide, Coin Operated  and 
Purposeful Water Immersion Amusement Rides and Devi ces and 
Air-supported Structures 
ASTM F1193 - 06 Practice for Quality, Manufacture, and Construction  of 
Amusement Rides and Devices 
ASTM 1772 - 12 Standard Specifications for Harnesses for Rescue, S afety, and 
Sport Activities 
ASTM F2374 - 10 Standard Practice for Design, Manufacture, Operatio n, and 
Maintenance of Inflatable Amusement Devices 
ASTM F2974-13 Standard Guide for Inspection of Amusement Rides an d Devices 
AWS D1.1/D1.1M    2010  STRUCTURAL WELDING CODE - STE EL 
AWS D1.2/D1.2M    2008 STRUCTURAL WELDING CODE - ALU MINUM 
AWS D1.3    2008 STRUCTURAL WELDING CODE - SHEET STEE L 
3/24/17 520 CMR - 31
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.01:   continued 
CWA Industry Practices .  A Sourcebook for the Operation of Manufactured Clim bing Walls , 3 rd Edition 
(2007) 
CWA Climbing Wall Association Standard .  General Specification for the Design and Engineerin g of 
Artificial Climbing Structures , 1 st  Edition (January 2009) 
CWA Climbing Wall Association Standard .  Specification for the Structural Inspection of Arti ficial 
Climbing Structures , 1 st  Edition (March 2009) 
EN 12277 - 07 Mountaineering Equipment - Harnesses - Safety Requi rements and Test 
Methods 
EN 12572 - 07 Artificial Climbing Structures - Safety Requirement s and Test Methods for 
Bouldering Walls 
EN 12492 - 12 Mountaineering Equipment - Helmets for Mountaineers  - Safety 
Requirements and Test Methods 
   These standards are on file with the Secretary o f State and are incorporated by reference in the 
520 CMR 5.00. 
   The following standards are adopted in 520 CMR 5 .00 and are available from the National Fire 
Protection Association: 
NFPA 10 2013 Portable Fire Extinguishers 
NFPA 70 2014 National Electrical Code 
UIAA 105-04 International Climbing and Mountaineering Federatio n Standards for 
Harnesses 
UIAA 106-04 International Climbing and Mountaineering Federatio n Standards for Helmets 
5.02:   General Administrative Provisions 
(1)   Scope .  520 CMR 5.02  establishes general administrative  provisions including license and 
permit issuance, fees, inspections, and variances f or all amusement devices other than inflatables, 
Challenge Courses and Artificial Climbing Structure s. 
(2)  Amusement Advisory Board .  There shall be a voluntary board appointed by th e 
Commissioner, which shall hold at least one meeting  annually and at such other times as it may 
determine, to review issues relative to 520 CMR 5.0 0 and safety of amusement devices.  The 
Board shall submit recommendations regarding change s to 520 CMR 5.00 as it deems necessary 
and appropriate.  Such recommendations may be adopt ed at the discretion of the Commissioner. 
The Board shall consist of 16 members, one of whom shall be the Commissioner of Public Safety 
or his or her designee, two of whom shall be owners  of traveling amusement devices, two of 
whom shall represent owners of permanent amusement devices, one of whom shall represent the 
kart industry, one of whom shall be a member of the  New England Association of Amusement 
Parks and Attractions, one of whom shall be a membe r of the Amusement Industry 
Manufacturers and Suppliers International, one of w hom shall be a member of the American 
Society for Testing and Materials, one of whom shal l be a district engineering inspector, one of 
whom shall be a state building inspector, one of wh om shall be a local building inspector, one 
of whom shall be a member on the Board of Fire Prev ention Regulations specializing in 
electrical components and connectors, one of whom s hall be a third party inspector, one of whom 
shall represent the Challenge Course industry, and one of whom shall represent the Climbing 
Wall industry.  Board members shall serve for a ter m of four years and may be removed at the 
discretion of the Commissioner.  The Commissioner o f Public Safety or his or her designee shall 
serve as the Chairman. 
(3)   Signage .  Signage shall be posted in accordance with the A musement Device Manual.  The 
owner shall comply with the established minimum and /or maximum height requirements of the 
manufacturer.   In pre-existing rides whereby the m anufacturer no longer exists, and minimum 
height requirements were not provided, the owner sh all establish the minimum height 
requirements based on nationally recognized standar ds or from design criteria stamped by a 
professional engineer which shall reference height restrictions from nationally recognized 
publications.  Such height restrictions shall be pr ovided to the Department by the owner or 
manufacturer prior to issuance of the license. 
3/24/17 520 CMR - 32
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.02:   continued 
(4)   New Amusement Devices .  Owners applying for a license that includes a re quest for a 
permit for a new amusement device coming into the C ommonwealth for the first time shall also 
be required to submit the following information wit h the application: 
(a)   The plans for the new amusement device; and 
(b)  A copy of the manufacturer’s maintenance and o perating manuals for the new 
amusement device. 
(5)   Issuance of Annual License and Ride Permits; Denials; Appeals .
(a)   No person shall manufacture or sell for use i n the Commonwealth, operate, arrange for, 
or cause to be used, any ride that is not in compli ance with 520 CMR 5.00. 
(b)   Prior to any amusement owner being licensed t o operate in the Commonwealth, the 
owner shall provide the following documents to the Department: 
1.   Completed application as provided by the Depar tment; 
2.   Required Fees in accordance with the fee sched ule set forth in 801 CMR 4.02:  Fees 
for Licenses, Permits, and Services to Be Charged b y State Agencies ;
3.   Certified Inspector Report; 
4.   Itinerary (except for trailer mounted kiddie r ides and permanent amusement parks); 
5.   Certificate of insurance demonstrating complia nce with M.G.L. c. 140, § 205A, and 
520 CMR 5.00; 
6.  A list of all Certified Maintenance Mechanics a nd a Certificate issued by the 
Department pursuant to 520 CMR 5.02(14); 
7.   A list of the operators trained in conformance  with the manufacturer's specifications 
and attested to annually by the owner.  Such list s hall include the names of the certified 
operators who are 18 years of age or older and the devices for which they have been 
trained and certified to operate. 
8.   A list of staff operating belay systems for po rtable, fabricated non-inflatable rock 
walls with a height in excess of 12 feet measured f rom the landing surface to the highest 
anchor, who have been provided training as specifie d by the climbing wall manufacturer 
and\or belay system manufacturer.  The owner shall require a certification signed by the 
belay operator indicating the ride name and level o f training.  This certification shall be 
kept on file by the owner for at least three years.
9.   A manufacturer's data report for each amusemen t device (if not currently on file with 
the Department). 
10.   A completed criminal offender record informat ion (CORI) Request Form, 
11.   A criminal history inquiry procedure in accor dance with 520 CMR 5.04(16). 
12.   For portable, fabricated  non-inflatable rock  walls with a height in excess of 12 feet 
measured from the landing surface to the highest an chor; the owner shall affirm that: 
a.   Anchor supports for the wall comply with manuf acturer specifications, EN12572 
or CWA Engineering Specifications; 
b.   Only automatic belay systems are used; 
c.   Anchor supports for climbing wall meet the req uirements of the auto belay 
manufacturer; 
d.   Harnesses that conform to either the rock wall  manufacturer recommendations 
ASTM F1772, UIAA105, or EN12277 are used by all pat rons; 
e.   Helmets that conform to either the rock wall m anufacturer recommendations, 
EN12492 or UIAA106 or equivalent ASTM standards are  used by all patrons. 
13.   An operating fact sheet per ASTM F770 – 06a f or each device. 
14.   Maintenance requirements, maintenance schedul es, inspection requirements,  and 
inspection schedules each in a checklist format on a ride by ride basis per 
ASTM F770–06a and ASTM F 853-98 for each device. 
(c)   The owner shall apply for an annual license a t least ten days prior to commencing 
operations each year on a form supplied by the Depa rtment.  An annual license shall be valid 
for a period of one year or until the expiration of  the insurance certificate, whichever occurs 
sooner. 
(d)   Licensure shall be conditioned upon the compl etion of a CORI inquiry by the 
Department pursuant to authorization granted by the  DCJIS in accordance with M.G.L. c. 6, 
§ 172(b) and in accordance with the Department’s gu idelines for evaluating CORI reports. 
3/24/17 520 CMR - 33
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.02:   continued 
(e)   Upon approval, the Department shall issue a l icense to the owner to operate in the 
Commonwealth and permits for the amusement devices identified in the application.  The 
owner shall affix the permit to the USID plate(s) u pon receipt for each approved amusement 
device. 
(f)   No amusement device shall be operated without  a valid annual license and permit. 
(g)   Denial; Appeals .
1.   The Commissioner may refuse to issue a license  to an applicant based on the 
following grounds: 
a.   Submittal of an incomplete application or subm ittal of an application on a form 
not authorized by the Department; 
b.   Failure to submit a completed CORI Request For m; 
c.   Failure to submit a  criminal history inquiry procedure; 
d.   Failure to submit required fees; 
e.   The knowing submission of false, invalid, inco rrect or fraudulent information; 
f.   If at the time of application, the applicant i s under investigation by the 
Department or other law enforcement agency in conne ction with the operation of 
amusement devices; 
g.   If the Commissioner finds that the applicant d oes not possess the integrity and 
general fitness to operate amusement devices in a s afe manner and in the public 
interest consistent with 520 CMR 5.00 or M.G.L. c. 140, § 205A. 
2.   If the Commissioner refuses to issue a license , he shall notify the applicant in writing, 
setting forth the reasons for the denial.  Within 2 1 days of receipt of the denial, the 
applicant may make written demand upon the Commissi oner for a hearing before the 
Commissioner or his designee to determine the reaso nableness of the Commissioner’s 
action.  The hearing shall be held promptly and in accordance with M.G.L. c. 30A and 
801 CMR 1.02:  Informal/Fair Hearing Rules .
3.   If, after a hearing, the Commissioner denies t he issuance of the license, he shall notify 
the applicant in writing.  Such notice shall be sen t by certified mail and first class mail 
and shall contain the reasons supporting the denial .  Within 30 days after receipt of the 
notice, the applicant may appeal such denial to Sup erior Court in accordance with 
M.G.L. c. 30A, § 14. 
(6)   Modification .  When a ride with a valid permit undergoes a majo r modification, the owner 
of the ride shall take the ride out of service and re-apply to the Department for a new permit. 
(a)   The application for a new permit shall includ e the following: 
1.   One copy of the original license issued by the  Department; 
2.   All supplemental safety bulletins, safety aler ts, or notifications issued following the 
issuance of the original license; 
3.   One full set of drawings, designs, specificati ons, and other construction documents, 
signed and sealed by the manufacturer or a Massachu setts registered professional 
engineer, that demonstrate compliance with 520 CMR 5.00; and 
4.   An inspection report from the certified inspec tor. 
(b)   The differences between the information submi tted in support of the original license and 
that provided with the application for a modificati on shall be clearly shown by the applicant. 
(7)   Fees .  A fee shall be paid by the applicant for each am usement device, other than non- 
mechanical amusement devices, listed in the applica tion in accordance with the fee schedule as 
set forth in 801 CMR 4.02:  Fees for Licenses, Permits, and Services to be Char ged by State 
Agencies .
(8)   Insurance .
(a)   Except as provided for owners of fixed carous els in 520 CMR 5.02(8)(b), the owner of 
an amusement device shall furnish proof that all in dividual amusement devices permitted by 
the Department are insured and shall further furnis h proof of financial responsibility to 
satisfy claims for damages on account of any physic al injury or property damage suffered by 
any person during the authorized operation of the a musement device by way of commercial 
general liability insurance in the minimum amount o f $1,000,000.00 per occurrence limit 
with a $2,000,000.00 general aggregate limit writte n on an occurrence form, a bond or other 
substantially equivalent proof approved by the Comm issioner. 
3/24/17 520 CMR - 34
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.02:   continued 
(b)   Owners of an amusement device which is a fixe d carousel shall furnish proof of 
financial responsibility to satisfy claims of damag es on account of any physical injury or 
property damage suffered by any person by way of co mmercial general liability insurance in 
the minimum amount of $1,000,000.00 per occurrence written on an occurrence from, bond 
or other substantially equivalent proof approved by  the Commissioner. 
(c)   Certified inspectors shall also furnish proof  of general liability insurance in the 
minimum amount of $1,000,000 per occurrence limit w ritten on an occurrence form. 
1.   Certified inspectors shall notify the Departme nt within 14 days of changes in general 
liability insurance coverage, including but not lim ited to cancellation of the policy for 
which proof was previously provided to the Departme nt. 
2.   Certified inspectors shall provide proof of in surance to the Department upon 
obtaining general liability coverage that varies in  any way from the proof originally 
provided to the Department for initial certificatio n.  Reasons for providing proof of new 
insurance may include but shall not be limited to r elocation and new employment. 
(9)   State Identification Numbers .
(a)   Each amusement device shall be identified usi ng a USID number permanently affixed 
to the amusement device.  Amusement devices shall n ot operate unless affixed with a USID 
number plate. 
(b)   When an amusement device is approved for an a nnual permit, the owner shall affix an 
annual permit to the USID plate to identify to the public that the amusement device conforms 
with the requirements to be licensed for that year.
(c)   New amusement devices that do not have a USID  number plate shall receive such plate 
upon application for the annual permit along with t he submission of the corresponding 
manufacturer’s data sheet.  Such plate will be plac ed on the amusement device by a state 
inspector.  The owner shall facilitate the installa tion of the plate by the state inspector. 
(d)   The owner shall notify the Department in writ ing immediately upon discovery that a 
previously issued USID number plate is missing from  an amusement device.  The 
Department shall issue a new USID number and number  plate upon resubmission of the 
following: 
1.   A Completed Application; 
2.   Certified Inspector Report; 
3.   A Certificate of insurance demonstrating compl iance with M.G.L. c. 140, § 205A and 
520 CMR 5.00; and 
4.   A list of the names of the certified operators  who are 18 years of age or older and the 
devices for which they have been trained and certif ied to operate; and 
5.   A manufacturer’s data report for each amusemen t device (if not currently on file with 
the Department). 
(10)   Inspector and Police Admission to Grounds .  As a condition of the license, owners shall 
grant unlimited access to any law enforcement offic ers, fire officials or inspector(s) of the 
Department to the grounds and amusement devices cov ered by 520 CMR 5.00 in the 
performance of their duties. 
(11)   Inspections 
(a)   All amusement devices shall undergo an annual  inspection that shall include but is not 
limited to all components specified by the manufact urer.  All manufacturer recommendations 
pertaining to specialized testing and inspection pr ocedures shall be followed and comply with 
ASTM F2974. 
(b)   Inspection by the Certified Inspector .
1.   All amusement devices shall be inspected by a certified inspector prior to being 
allowed to operate in the Commonwealth. 
2.   The certified inspector shall ensure that the manufacturer’s specifications and 
recommendations as they pertain to parts to be disa ssembled, inspected, and replaced are 
followed. 
3.   The certified inspector shall review maintenan ce records for the ride from the 
previous year and ensure that all pertinent safety bulletins and manufacturer specified 
repairs/modifications/upkeep requirements have been  implemented where necessary. 
3/24/17 520 CMR - 34.1
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.02:   continued 
4.   The certified inspector will document, both in  report form and photographs, any 
unusual issue that may be discovered.  The inspecto r shall notify the owner and shall not 
certify the ride until the issues are abated. 
5.   Upon completion of the inspection, the certifi ed inspector shall document any and all 
findings that require attention as per the manufact urer, as well as any areas that are of 
concern to the certified inspector for further obse rvation. 
6.   The certified inspector shall: 
a.   Conduct an in-depth physical/visual inspection  that may require disassembly of 
the ride and its components, and may also require t he services of a person certified 
or trained in a specialty.  The inspection shall in clude: 
i.   Moving parts; 
ii.   Integrity of bolts, pins, clips and nuts; 
iii.   Leveling system; 
iv.   Proper guarding of motors, belts and drives; 
v.   Structural integrity; 
vi.   Brakes; 
vii.   Hydraulic and pneumatic systems; 
viii.   Vehicle integrity; 
ix.   Electrical components; and 
x.   Review of any specialty inspection report. 
b.   Review of the certification that the manufactu rer has tested the ride in accordance 
with applicable ASTM standards and determined that the ride is satisfactory.  This 
certification shall remain with the ride. 
c.   Review of all maintenance documentation concer ning ride repairs, all 
modifications and standard upkeep for the previous year; 
d.    Review of operator training records for the p revious year; 
e.   Review of any specialist’s reports not already  cited in the certified inspector’s 
report; 
f.   Conduct operational tests of all rides, includ ing but not limited to block checks, 
redundant safety systems, emergency brakes, anti-ro ll back systems; and 
g.   Observe test cycles of all rides. 
h.   For portable, fabricated non-inflatable rock w alls with a height in excess of 12 
feet measured from the landing surface to the highe st anchor; the inspector shall 
confirm that: 
i.   Anchor supports for the wall comply with manuf acturer specifications, 
EN12572 or CWA Engineering Specifications; 
ii.   Only automatic belay systems are used; 
iii.   Anchor supports for climbing walls meet the requirements of the auto belay 
manufacturer; 
iv.   Harnesses provided conform to either the rock  wall manufacturer 
recommendations ASTM F1772, UIAA105, or EN12277; 
v.   Helmets provided conform to either the rock wa ll manufacturer 
recommendations, EN12492 or UIAA106 or equivalent A STM standards. 
7.   The certified inspector shall document any iss ues of concern and notify the owner of 
such concerns.  Issues directly affecting the safet y and integrity of the ride shall be 
immediately addressed.  The certified inspector sha ll not certify a ride until the issues 
have been appropriately abated. 
8.   The certified inspector shall submit a report to the Department on a form provided 
by the Department.  This report shall: 
a.   Identify all major modifications performed on the ride for the past year; 
b.   Confirm the review of the following records; 
c.   Specialty inspection reports; 
d.   Maintenance logs from the previous year; 
e.   Operator training logs from the previous year;
f.   Provide documentation of all non-destructive e xaminations performed in the past 
year; 
g.   Identify items found to be out of compliance a nd what was done to bring the 
device into compliance; 
h.   Include the signature of the certified inspect or; and 
3/24/17 520 CMR - 34.2
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.02:   continued 
i.   State the name and Massachusetts Certificate o f Competency License Number of 
the certified inspector printed legibly. 
(c)   Acceptance Inspection .
1.  An acceptance inspection shall be performed on all newly constructed and 
manufactured rides which are brought in to the Comm onwealth for the first time.  The 
acceptance inspection may be performed by either th e certified inspector or the 
manufacturer’s representative.  The acceptance insp ection shall include the following: 
a.   A review of the operator training records and owner certification; 
b.  A review of the certification that the manufact urer has tested the ride in 
accordance with applicable ASTM standards and deter mined that the ride is 
satisfactory.  This certification shall remain with  the ride; 
c.   A check of redundant safety systems; and 
d.   An operating inspection, during which all safe ty systems shall be checked and the 
ride shall be cycled as during normal operation. 
2.   The results of the Acceptance Inspection shall  be submitted to the owner and the 
Department using the “New Ride Acceptance Form”. 
3.   For all other amusement devices brought into t he Commonwealth for the first time, 
an inspection shall be performed by the certified i nspector in accordance with the 
requirements of 520 CMR 5.02(11)(b) before the ride  may operate.  Such inspections 
shall be documented and submitted to the Department  using the “New Ride Acceptance 
Form”. 
(d)   Maintenance Inspection .
1.   A maintenance inspection shall be performed by  a certified maintenance mechanic 
or a maintenance technician working under the direc tion of a certified maintenance 
mechanic.   The inspection and tests shall be based  on any manufacturer requirements 
and shall include but not be limited to the operati on of control devices, speed limiting 
devices, brakes and other equipment provided for sa fety.  It shall be performed at a 
frequency required by the manufacturer, but not les s than each day, prior to the 
amusement device being open to the general public.  Such inspections shall be conducted 
at the location at which the amusement device is be ing operated.  Maintenance 
inspections  shall be documented in the daily maint enance inspection logs and shall be 
kept on location with the amusement device for one year.  The daily maintenance 
inspection logs shall be retained by the owner for the life of the ride unless the 
amusement device is transferred to a new owner purs uant to 520 CMR 5.04(14). 
2.  Trailer mounted kiddie rides and inflatables ma y be inspected at the owner’s 
designated location prior to the device being trans ported to the location where it will be 
operated. 
3.   Maintenance inspections shall include, but not  be limited to: 
a.   A review of the maintenance records including daily maintenance inspection logs, 
maintenance repair logs; 
b.   A physical inspection of the device including:
i.   Inspection of all passenger carrying devices i ncluding all restraints, latches, 
pins, clips, fasteners, padding, and pinch points; 
ii.   Function test of all block systems, signal sy stems, brakes and control devices; 
iii.   Visual inspection of fencing and guards; 
iv.   Visual inspection of stairways, ramps and pla tforms for potential hazards; 
v.   Visual inspection of ride structure and moving  parts including fasteners, 
safety pins, clips and keys; 
vi.   Blocking, support braces and jack stands; 
vii.   Inspection of the leveling system; 
viii.   Inspection for adjacent hazards and interfe rences; 
ix.   Inspection of proper bracing, anchors and guy  lines; 
x.   Inspection of proper guarding on motors, belts  and drives; 
xi.   Inspection of wheels, sprockets, chains, belt s and pulleys for excessive wear; 
xii.   Visual inspections of the brakes for excessi ve wear; 
xiii.   Inspection of the hydraulics and pneumatic systems for leaks; and 
xiv.   Inspection for apparent electrical problems and to ensure that the 
amusement device is properly grounded. 
3/24/17 520 CMR - 34.3
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.02:   continued 
c.   For portable, fabricated non-inflatable rock w alls with a height in excess of 12 
feet measured from the landing surface to the highe st anchor; the inspector shall 
confirm that: 
i.   Anchor supports for the wall comply with manuf acturer specifications, 
EN12572 or CWA Engineering Specifications; 
ii.   Only automatic belay systems are used; 
iii.   Anchor supports for climbing walls meet the requirements of the auto belay 
manufacturer; 
iv. Harnesses provided conform to either the rock wa ll manufacturer 
recommendations ASTM F1772, UIAA105, or EN12277; 
v.   Helmets provided conform to either the rock wa ll manufacturer 
recommendations, EN12492 or UIAA106 or equivalent A STM standards. 
d.   In addition to 520 CMR 5.02(11)(d)3.b., the ma intenance inspection shall also 
include any additional inspectional requirements co ntained in the manufacturer's 
manual for that ride. 
e.   Completion of the maintenance inspection log, which shall include the following: 
i.   The name of the ride; 
ii.   The printed name of the certified maintenance  mechanic reviewing the 
inspection log; 
iii.   The signature of the certified maintenance m echanic reviewing the 
inspection log; 
iv.   If the inspection is performed by a maintenan ce technician under the 
direction of the certified maintenance mechanic, th e maintenance inspection log 
shall include the printed name and signature of bot h the maintenance technician 
and the certified maintenance mechanic. 
v.   Date and time of the inspection; 
vi.   A summary of deficiencies found and corrected  during the inspection of the 
device; 
vii.   The results of the maintenance inspection. 
(e)   Inspections by the State Inspector .
1.   Prior to the use of any amusement device, the state inspector may inspect the general 
safety of all amusement devices, to ensure that the y are in compliance with 520 CMR 
5.00.  The Department may charge a fee in accordanc e with the fee schedule as set forth 
in 801 CMR 4.02:  Fees for Licenses, Permits, and Services to be Char ged by State 
Agencies .
2.   Trailer mounted kiddie rides and inflatables m ay be inspected at the owner’s 
designated location prior to the device being trans ported to the location where it will be 
operated. 
3.   This general safety inspection may include: 
a.   A review of the maintenance records for the pa st 30 days, including daily 
maintenance logs; 
b.   A review of the daily operator logs; 
c.   A review of the operator training records and operator identification; 
d.   A visual inspection of the device including: 
i.   Safety belts, bars, locks and other passenger restraining devices; 
ii.   Proper operation of all automatic and manual safety devices, including safety 
lockout switches; 
iii.   Proper operation of all signal system, and c ontrol devices, including 
emergency stops and overspeed systems; 
iv.   Proper bolting, safety pins and keys that are  normally disassembled and re- 
assembled at each setup; 
v.   Fencing, guards, stairways and ramps; 
vi.   Ride structure and moving parts; 
vii.   Inspection of the blocking and leveling syst em; 
viii.   Inspection of proper bracing, anchors and g uy lines; 
ix.   Identification of the ride; 
x.   Inspection for adjacent hazards and interferen ces; 
xi.   Inspection of proper guarding on motors, belt s and drives; 
xii.   Inspection of the ride for obvious excessive  wear; 
xiii.   Inspection of the brakes; 
xiv.   Inspection of the hydraulics and air systems  for obvious leaks; 
3/24/17 520 CMR - 34.4
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.02:   continued 
xv.   Inspection of the containment for obvious sha rp points and pinch points; 
xvi.   Inspection for obvious electrical problems. 
e.   An inspection of the device in operation. 
f.   For portable, fabricated non-inflatable rock w alls with a height in excess of 12 
feet measured from the landing surface to the highe st anchor; the inspector shall 
confirm that: 
i.   Anchor supports for the wall comply with manuf acturer specifications, 
EN12572 or CWA Engineering Specifications; 
ii.   Only automatic belay systems are used; 
iii.   Anchor supports for climbing walls meet the requirements of the auto belay 
manufacturer; 
iv.   Harnesses provided conform to either the rock  wall manufacturer 
recommendations ASTM F1772, UIAA105, or EN12277; 
v.   Helmets provided conform to either the rock wa ll manufacturer 
recommendations, EN12492 or UIAA106 or equivalent A STM standards. 
4.   State inspectors shall not be responsible for dismantling amusement devices and are 
not expected to remove panels that, by design, are not intended to be regularly removed, 
such as those riveted or welded in place. 
The state inspector shall document any issues of co ncern and immediately notify the 
owner, or owner’s representative, of such concerns.   Issues directly affecting the safety and 
integrity of the ride shall be immediately addresse d.  Upon completion of the inspection, the 
state inspector shall provide the owner, or owner’s  representative, with a written inspection 
report.  No ride shall be permitted to operate with out correction of all issues listed by the 
inspector on the inspection report unless expressly  authorized in writing by the inspector. 
Such authorization shall include a specific date wi thin which to abate the violation; however, 
in no case shall a ride be permitted to operate at another location until the violation has been 
cleared. 
If through no fault of the owner, a state inspector  does not perform the inspection at the 
scheduled time, the owner may operate the amusement  device(s) only after receiving explicit 
written authorization from the Commissioner or his or her designee. 
(f)   Ride Preparation .
1.   The owner shall ensure that the ride is ready for the state inspection and operation at 
the scheduled time for the state inspection. 
2.   Prior to the state inspection being performed,  the owner or his designee shall provide 
the state inspector with a completed Daily Maintena nce Inspection Log. 
3.   Prior to the state inspection being performed the certified maintenance mechanic shall 
certify by signing the Amusement Device Checklist t hat the ride(s) to be inspected 
comply with 520 CMR 5.00 and are ready for state in spection and operation.  
4.   Personnel shall be available to operate the ri de during the state inspection. 
5.   Where required, power shall be provided to ope rate the ride. 
6.   If the ride is not ready at the time of the sc heduled state inspection, it shall be deemed 
to have failed the inspection.  The ride shall not operate until such time that it has passed 
the state inspection. 
7.   Rides shall not be allowed to operate until al l violations have been resolved to the 
satisfaction of the Commissioner or his designee. 
8.   If a ride is not certified at the time of insp ection, the state inspector performing the 
inspection shall state on the Amusement Device Chec klist whether a re-inspection is 
required after the violation has been resolved. 
(g)   Re-inspection .  Where a ride is not certified for operation at t he time of inspection and 
requires a re-inspection, an owner shall apply to t he Department for a re-inspection of the 
device.   The Department may charge a fee for the r e-inspection in accordance with the fee 
schedule as set forth in 801 CMR 4.02:  Fees for Licenses, Permits, and Services to be 
Charged by State Agencies .
(h)   Operator Inspection .  An operator inspection shall be performed prior to the operator 
placing a ride into operation for the first time th at day.  The operator shall make subsequent 
inspections when the owner determines that further inspections are required.  The operator 
inspection shall include, but not be limited to: 
1.   Safety belts, bars, locks and other passenger restraining devices; 
2.   All automatic and manual safety devices, as de signated by the owner; 
3.   Signal systems, brakes and control devices; 
4.   Safety pins and keys as designated by the owne r; 
3/24/17 520 CMR - 34.4.1
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.02:   continued 
5.   Fencing, guards, stairways and ramps; 
6.   Ride structure and moving parts as designated by the owner; 
7.   Blocking, support braces and jackstands to ens ure the ride is level as designated by 
the owner; 
8.   Confirmation with the certified maintenance me chanic that the ride is properly 
grounded; 
9.   Confirmation with the certified maintenance me chanic that the ride is properly 
lubricated per the manufacturer’s recommendations; 
10.   Testing communication equipment necessary for  operation (if applicable); 
3/24/17 520 CMR - 34.4.2
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.04:   continued 
(e)   Persons engaged in the assembly or disassembl y of amusement devices shall use tools 
of proper size and design to enable work to be done  in a proper manner.  Broken, damaged 
and unsuitable tools shall not be used. 
(f)   The public shall not be allowed to enter the area in which assembly or disassembly is 
being performed. 
(5)   Records .
(a)   The manuals for each amusement device shall b e kept with the amusement device and 
shall be available for use by the Department. 
(b)   A record of all maintenance, inspections and tests shall be documented immediately 
upon completion of the test, inspections and mainte nance performed, and shall be kept with 
the amusement device and available to the Departmen t for one year.  After one year, such 
records shall be maintained by the owner and may be  stored off site for the life of the ride, 
unless the ride is transferred to a new owner in ac cordance with 520 CMR 5.04(14). 
(c)   Daily Operator's Inspection logs shall be kep t with the amusement device and available 
to the Department for one month.  After one month, such records shall be maintained by the 
owner for one year and may be stored off site. 
(d)   The owner shall retain current records of all  maintenance, inspections and tests 
including  those required by 520 CMR 5.00 and by the manufactu rer for each amusement 
device at the amusement site.  These records shall include but not be limited to: 
1.   The date and nature of all tests, including th e identity of the tester, the purpose of the 
test and the results of the test; 
2.   The date and nature of all inspections, includ ing the identity of the inspector, the 
purpose of the inspection and the results of the in spection; 
3.   The date and nature of all maintenance, includ ing the identity of the individual who 
performed the maintenance, and the purpose of the m aintenance; 
4.   The date and nature of all breakdowns or repai rs of a mechanical part, including the 
identity of the individual who completed the repair , and a reference to the specific 
manufacturer’s procedure which was followed.  If th e manufacturer does not provide a
procedure for repair, the owner shall have a profes sional engineer create a procedure and 
shall notify the Department  in writing of the new procedure which shall be added to the 
permanent record of the ride; and 
5.   Daily Maintenance Inspection Log .  The certified maintenance mechanic or the 
maintenance technician shall complete the daily mai ntenance inspection log each day 
before the ride is allowed to operate.  A daily mai ntenance inspection log shall be kept 
for each ride. The daily maintenance inspection log  shall be signed by the certified 
maintenance mechanic.  The daily maintenance inspec tion entry shall include, but not be 
limited to: 
a.   The name of the ride; 
b.   The printed name of the certified maintenance mechanic reviewing the inspection 
log; 
c.   The signature of the certified maintenance mec hanic reviewing the inspection log; 
d.   If the inspection is performed by a maintenanc e technician under the direction of 
the certified maintenance mechanic, the maintenance  inspection log shall include the 
printed name and signature of both the maintenance technician and the certified 
maintenance mechanic; 
e.   Date and time of the inspection; 
f.   A summary of deficiencies found and corrected during the inspection of the 
amusement device; 
g.   The results of the maintenance inspection. 
6.   Maintenance Repair Log .  The certified maintenance mechanic or the mainte nance 
technician shall complete the maintenance repair lo g.  A maintenance repair log shall be 
kept for all work performed on each ride.  The main tenance repair log shall be completed 
each time maintenance is performed on the amusement  device.  Each maintenance repair 
log entry shall be made within 48 hours of performi ng work.  The maintenance repair log 
shall be signed by the certified maintenance mechan ic.  The maintenance repair log shall 
include but is not limited to: 
a.   The name of the ride on which maintenance was performed; 
b.   The date on which the maintenance was performe d; 
i.   The legible name of the person who performed t he maintenance and a copy 
of any licenses or certificates held by such person s; 
3/24/17 520 CMR - 34.7
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.04:   continued 
ii.   Details of any repairs performed (for example , malfunction, repair, 
adjustment, lubrication, set-up, inspection, violat ion abatement, etc .); 
c.   An attachment of other repair related records such as welded repairs and NDT 
including but not limited to the manufacturer's aut horized procedure. 
7.   Daily Operator’s Inspection Log .  Operators shall complete a daily operator 
inspection log before allowing patrons on a ride fo r the day.  If a ride has been 
non-operational for any period of time and at the d iscretion of the owner,  the operator 
shall perform a re-inspection and document their fi ndings in the inspection log before 
placing the ride into operation again.  The operato r inspection log shall include, but not 
be limited to: 
a.   The name of the ride being inspected; 
b.   The legible name and signature of person compl eting the log; 
c.   The date of the inspection; 
d.   A detailed list and description of all items b eing checked; and 
e.   Details of testing within the timeframe specif ied in the operating manual of all 
control devices, speed-limiting devices, block syst em, emergency brakes, automatic 
and manual lowering devices and any other equipment  provided for safety. 
8.   Itinerary .
a.   At least ten business days prior to the first date of intended operation of an 
amusement device, the owner shall submit a complete  itinerary to the Department on 
the form provided by the Department for this purpos e.  Itineraries for trailer mounted 
kiddie rides and inflatables shall be provided at l east two business days prior to the 
first date of intended operation. 
b.   The itinerary shall: 
i.   Be in writing; 
ii.   Identify the intended ride by the USID number ; 
iii.   Include scheduled rain date; 
iv.   Include requested time and date of inspection ; 
v.   State the date the amusement device is schedul ed to arrive at the location; 
vi.   State the date the amusement device is schedu led to begin operation; 
vii.   State the last date the amusement device is scheduled to be in operation at 
that location; and 
viii.   State the specific locations of use includi ng the municipality, street and 
street number or block and lot. 
c.   Fees .  The owner shall submit to the Department the fee  for inspection as 
established by the fee schedule set forth in 801 CM R 4.02:  Fees for Licenses, 
Permits, and Services to be Charged by State Agenci es .
d.   Amendments to the Itinerary .
i.   The owner shall submit to the Department any a dditional dates and locations 
to the original itinerary at least ten days prior t o the first date of intended 
operation on a form provided by the Department for this purpose. 
ii.   The owner of trailer mounted kiddie rides sha ll submit to the Department any 
additional dates and locations to the original itin erary at least two business days 
prior to the first date of intended operation on a form provided by the Department 
for this purpose. 
iii.  The owner shall submit any deletions to the o riginal itinerary to the 
Department as soon as the owner becomes aware of su ch deletions. 
iv.   The owner shall submit any substitutions for amusement devices previously 
identified in the itinerary to the Department as so on as the owner is aware of the 
substitution.  All substituted amusement devices sh all have a valid permit. 
e.   Owners shall not set up at a location unless t hey have submitted a proper itinerary 
for that location.  Owners shall not rely on or use  itineraries of other companies in 
order to set up at a location.  Each owner is respo nsible for submitting a proper and 
timely itinerary for its amusement devices. 
(6)   Training and Certification of Ride Operators .
(a)   The owner shall ensure that all operators com ply with the requirements of 520 CMR 
5.00. 
(b)   In order to obtain a permit, the owner shall ensure that, at the time of initial operation 
in the Commonwealth, at least one operator is train ed in conformance with the 
manufacturer’s specifications, and has been issued an operator’s certification by the owner, 
in a format approved by the Department. 
3/24/17 520 CMR - 34.8
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.04:   continued 
(c)   Only individuals who have been certified and who possess the required identification 
may operate the amusement device for which they hav e been trained and certified. 
(d)   The owner shall ensure that operators are tra ined to operate the ride based on 
manufacturer requirements covered by the operationa l manual and any supplemental safety 
bulletins, safety alerts or other notices related t o operational requirements.  The owner shall 
ensure that operators are trained annually. 
(e)   The owner shall that all staff operating bela y systems for portable, fabricated inflatable 
and non-inflatable  rock walls with a height in exc ess of 12 feet measured from the landing 
surface to the highest anchor, have been provided t raining as specified by the climbing wall 
manufacturer and\or belay system manufacturer. The owner shall require a certification 
signed by the belay operator indicating the ride na me and level of training.  This certification 
shall be kept on file by the owner for at least thr ee years. 
(f)   The owner shall ensure that ride operators op erate no more than one ride at any given 
time. 
(g)   The owner shall instruct all operators to giv e their full attention to any ride they operate. 
(h)   The owner shall ensure that anyone who operat es a ride shall have demonstrated the 
ability to operate the ride in compliance with all applicable requirements of 520 CMR 5.00. 
1.   The owner shall ensure that each operator has read and understood the manufacturer’s 
recommendations for the operation of the ride and, if applicable, any operations manual 
provided by the owner; 
2.   Knows the safety-based limitations, including height, weight or other rider 
requirements regarding who may ride the ride; 
3.   Is well versed on emergency procedures; 
4.   Has had adequate training to operate the ride;
5.   Knows how to do the pre-startup operational ri de checks as required by the 
manufacturer or as established by the owner in comp liance with 520 CMR 5.00; 
6.   Knows how to verify that the daily maintenance  inspection log has been done prior 
to operating the ride; 
7.   Has knowledge of the use and function of all n ormal and emergency operating 
controls and the proper use of the ride; and 
8.   Has signed a ride specific certification attes ting to 520 CMR 5.04(6)(g)1. through 7. 
(i)   Operator certification must be worn by the op erator and be readily visible to the general 
public.  This certification must indicate whether t he operator is over 18 years of age, display 
the operator’s photograph, and indicate the  amusem ent device for which the certification has 
been issued. 
(7)   Control of Operation .  All amusement rides shall have an operating manu al. The owner of 
an amusement ride shall operate the ride in accorda nce with the manufacturer’s operating 
manual. In the absence of a manufacturer’s operatin g manual, the owner shall write an approved 
operating manual, which shall be submitted to the C ommissioner for review and approval. 
Where any conflict occurs between the operating man ual and 520 CMR 5.00, 520 CMR 5.00 
shall govern. The operating manual shall be kept at  the site where the ride is in use and shall be 
available for use by the Department. 
(8)   Certified Maintenance Mechanics .
(a)   Every owner of amusement devices shall engage  at least one individual as a certified 
maintenance mechanic.  The certified maintenance me chanic shall be responsible for the 
maintenance and oversight of all amusement devices including ensuring that the proper 
maintenance repair logs and daily maintenance inspe ctions logs are completed and are 
accurate. 
(b)   The certified maintenance mechanic shall not perform or direct another person to 
perform any maintenance on a ride that does not com ply with the manufacturer’s 
specifications or 520 CMR 5.00. 
(c)   During the term of the license period, owners  shall notify the Department within 14 days 
of a change in the person engaged by the owner as t he  certified maintenance mechanic, 
including the dismissal from the owner’s employment  of any individual that  served as a 
certified maintenance mechanic and the employment o f a new individual as a certified 
maintenance mechanic. 
(9)   Riders or Operators Under the Influence of Al cohol or Drugs .
(a)   The owner or operator of an amusement device shall not permit a person who appears 
to be under the influence of alcohol or drugs to en ter or ride an amusement ride. 
2/27/15 520 CMR - 34.9
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.04   continued 
(b)   Drug and Alcohol Policy .  All owners shall have a drug and alcohol policy that prohibits 
employees from using or being under the influence o f drugs or alcohol while operating 
amusement devices. 
(10)   Rider Accident Reporting Requirement .  The owner shall designate an office or location 
as a site for reporting accidents or injuries.  The  office shall be open during operating business 
hours and shall be marked with clear signage.  The owner shall be responsible for ensuring that 
the amusement incident report, or a form supplied b y the owner containing the same information, 
has been completed.   More than one office or locat ion may be required so that the locations are 
within reasonable walking distance from any ride. 
(11)   Required Notices of Rider Responsibility .
(a)   Printed notices advising the rider of the rep orting requirements shall be in English, easily 
accessible to the general public, in areas where ri des covered by 520 CMR 5.00 are 
operating, including all entrances, exits, and shal l identify locations for receiving forms and 
the first aid station(s). 
(b)   Owners shall post warnings and directions for  each ride which comply with the 
manufacturer's requirements.  Such warnings shall b e clearly legible and shall be in a 
conspicuous location. 
(c)   This sign shall be next to, above, below or m ay be combined with the required signs 
regarding accident reporting, rider conduct and war nings. 
(12)   Rider Conduct .
(a)   The owner shall have the right to refuse any member of the public admission to a ride 
if his or her conduct might endanger himself, herse lf or other members of the public. 
(b)   The owner shall have the right to refuse admi ttance to any rider if the intended rider’s 
health or physical condition makes it unsafe to use  the ride. 
(c)   The owner shall refuse a rider admission to a  ride if the rider cannot meet a companion, 
height, or other physical restriction. 
(13)   Serious Injury/Investigation .
(a)   Notification .  Within one hour from the time that a serious inj ury or mechanical 
malfunction becomes known or should have been known , the owner or his or her 
representative shall report the incident to the fol lowing telephone number: 508-820-1444. 
The amusement device shall not be moved from the si te of the serious injury until approval 
is granted by a state  inspector.  The only excepti ons to this requirement are for preservation 
of life and property, the removal of injured person s or bodies, or to permit the flow of 
emergency vehicles.  The amusement device and area surrounding the amusement device 
shall not be disturbed, cleaned, or altered in any way that will impede the investigation.  The 
Department shall investigate the incident pursuant to M.G.L. c. 140, § 205A. 
(b)   Investigation .
1.   In the event that a serious injury or mechanic al malfunction (major damage to device 
without injury) incident occurs as a result of a ma lfunction of an amusement device or 
a serious injury incident results in major damage t o the amusement device or any of its 
component systems, the amusement device shall be im mediately shut down and secured 
until a state inspector has completed an investigat ion.  No person shall move or alter the 
serious injury incident scene or the amusement devi ce, except to remove the victim(s), 
until the state inspector  has determined that the ride is safe.  If a serious injury incident 
occurs on an amusement device as the result of the malfunction of the device or a serious 
injury results in major damage to the amusement dev ice or any of its component systems, 
a report shall be submitted to the Department withi n 48 hours as required under 
M.G.L. c. 140, § 205A. 
2.   In the event of a serious injury incident/mech anical malfunction, the owner and 
operator of the amusement device shall be responsib le for securing the amusement device 
and shall be accessible to the Department and its s tate inspector. 
(14)   Transfer of Ownership .  Upon the transfer of ownership of any amusement device, the 
owner of the amusement device being transferred sha ll notify the Department in writing of the 
transfer, and shall transfer all records pertaining  to that amusement device to the new owner. 
The new owner shall obtain a new license and permit  prior to operating the amusement device. 
3/24/17 520 CMR - 34.10
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.05:   continued 
2.   Information as necessary for those rides that have individual approval or 
supplemental modification certification based on th e manufacturer’s documentation 
supplied by the owner or responsible person; and 
3.   Other documents requested by the Department as  a result of an incident involving a 
ride. 
(6)   Departmental Remedies for Non-compliant Manuf acturers .  The Department shall have the 
authority to prohibit the use of any amusement devi ce in the Commonwealth until such time that 
the manufacturer has: 
(a)   Complied with the orders of the Department re quiring engineering analysis to be 
prepared and submitted to the Department; 
(b)   Submitted to the Department all safety bullet ins issued on the amusement device or 
classes of amusement devices, as well as all operat ional and maintenance manuals for the 
amusement device; and 
(c)   Complied with any orders imposed by the Depar tment in order to bring the amusement 
device into compliance with 520 CMR 5.00. 
5.06:   Revocation and Suspension of Licenses and P ermits 
(1)   Scope .  520 CMR 5.06 establishes the suspension and revo cation procedures for all licenses 
and permits, including those for inflatables, chall enge courses and artificial climbing structures. 
(2)   Suspension or Revocation of Amusement Device License or Permit .
(a)   An owner may have his or her license or permi t  suspended or revoked after a hearing 
for: 
1.   Unauthorized operation of an amusement device;
2.   Failure to properly maintain records as requir ed by 520 CMR 5.00; 
3.   Failure to repair any amusement device as orde red or noted by a certified inspector 
or state inspector; 
4.   Negligence of the owner, operator or certified  maintenance mechanic, or certified 
inflatable device mechanic in connection with the m aintenance, repair or operation of an 
amusement device; 
5.   Continuing to operate an amusement ride withou t the Department’s authorization 
when an incident or accident occurs that is require d to be reported by 520 CMR 5.00; 
6.   Failure to notify the Department of any incide nt or accident as required by 520 CMR 
5.00; 
7.   Modifying a ride without approval by the Depar tment; 
8.   Operating in a manner likely to cause injury; 
9.   The knowing submission of false, invalid, inco rrect or fraudulent information related 
to the maintenance or design of the ride or its saf e operation; 
10.   Failure to provide the Department with a prop er or timely itinerary or modified 
itinerary in accordance with 520 CMR 5.04(5); 
11.   Failure to maintain the required insurance; 
12.   Failure to comply with the provisions of 520 CMR 5.00 or M.G.L. c. 140, § 205A; 
13.   Permitting an employee to work, other than on  a provisional basis, as a certified 
maintenance mechanic, certified inflatable device m echanic, maintenance technician, ride 
operator, or operator assistant without having firs t conducted a criminal history check on 
that employee as required by 520 CMR 5.04(16) and 5 .09(2)(h); and 
14.   Failure to abide by a term of the criminal hi story inquiry procedure submitted to the 
Department pursuant to 520 CMR 5.04(16) and 5.09(2) (h). 
(b)   Any owner who has a permit or license suspend ed or revoked pursuant to 520 CMR 
5.06(2) shall not operate the affected amusement de vice or devices until the supervisory 
period is over or such license and/or permit is res tored by the Department through the regular 
application process. 
(3)   Notice of Violations; Hearing and Appeals .
(a)   Notice of Violation .  The Department shall send written notice of the alleged violation(s) 
to the owner. 
(b)   Hearings .  All hearings held pursuant to 520 CMR 5.06(3) sh all be conducted in 
accordance with M.G.L. c. 30A and 801 CMR 1.02:  Informal/Fair Hearing Rules .
3/24/17 520 CMR - 34.13
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.06:   continued 
(c)   Appeal .  Any person aggrieved by a determination of the C ommissioner or his or her 
designee may appeal to the Superior Court in accord ance with M.G.L. c. 30A, § 14. 
(d)   Immediate Shutdown of an Amusement Device .  The Commissioner or his or her 
designee shall immediately shut down an amusement d evice if: 
1.   An injury requiring medical treatment has occu rred on an amusement device, 
reasonably due to a defect or malfunction in the  a musement device; or 
2.   If the amusement device constitutes a hazard t o life, limb or property as determined 
by the Commissioner or his or her designee or by an  agent of the insurance carrier. 
(4)   Re-inspections Following a Shut Down .  The amusement device shall remain closed until 
all necessary repairs have been completed to the sa tisfaction of the Commissioner or his or her 
designee and the insurance carrier.  Operation of t he amusement device shall not be resumed 
until the amusement device has been re-inspected by  the Department and found to be safe for 
operation. 
5.07:   Design and Construction 
(1)   Scope .  520 CMR 5.07, in addition to the national standa rds adopted by 520 CMR 5.00, 
establishes minimum criteria, information and proce dures for the design and construction of 
amusement devices other than inflatables. 
(2)   Passenger Tramways .  Passenger tramways are not amusement devices and  are not subject 
to the requirements of 520 CMR 5.00. 
(3)   Fire Prevention .  All aspects of fire prevention shall be in accor dance with 780 CMR:  The 
Massachusetts State Building Code  and 527 CMR 1.00:  Massachusetts Comprehensive Fire 
Safety Code .
(4)   Construction Requirements .  Any building or structure associated as a functi onal part of or 
housing the ride shall be constructed in conformanc e with 780 CMR 1.00:  Scope and 
Administration .
(5)   Pressure Vessels, Air Compressors, and Hydrau lic Systems .  Pressure vessels shall conform 
to the requirements of 522 CMR 7.00, 522 CMR 8.00 a nd M.G.L. c. 146, §§ 34 through 41.  Air 
tanks  and other receptacles used in connection wit h air compressors shall be inspected in 
accordance to  M.G.L. c. 146, § 39 and the certific ate of inspection issued by the Department 
shall be kept in the maintenance repair log at the ride at all times. 
(6)   Manufacturer’s Data Plate .
(a)   The manufacturer shall affix a data plate to each ride in compliance with 520 CMR 5.00. 
(b)   Every amusement device shall be identified by  a data plate which contains the 
information required by ASTM F 698.  This includes,  but is not limited to: 
1.   The name and address of the manufacturer; 
2.   A trade or descriptive name of the ride; 
3.   The manufacturer's serial number; 
4.   The maximum safe number of riders; 
5.   The maximum safe speed at which the ride can o perate; 
6.   The minimum and maximum safe weight limit per vehicle or per rider (if applicable); 
7.   The recommended direction of travel; and 
8.   The minimum and maximum height restrictions or  weight restrictions for riding alone 
and riding accompanied. 
(c)   This data plate information shall be legibly impressed on a metal plate or equivalent and 
permanently affixed in a location on the ride visib le at all times. 
(d)   Where no data plate exists, the owner shall a pply a new data plate in conformance with 
the manufacturer’s instructions with approval of th e Department. 
(7)   Electrical Requirements .  The Department hereby adopts by reference the 2008 National 
Electrical Code  as it pertains to amusement devices. 
As indicated in the National Electric Code , the following should be noted: 
(a)   All Controls Shall Be Lockable .  Operator switches are not a substitute for locka ble 
controls. 
3/24/17 520 CMR - 34.14
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.07:   continued 
(b)   Local electrical inspectors have the authorit y to inspect any electrical device to ensure 
that it is safe and installed in accordance with th e currently accepted code. 
(c)   During assembly/disassembly, no energized poi nts/surfaces shall be exposed to any 
personnel. 
(8)   Chain .
(a)   The chain factor of safety shall be defined a s the ultimate tensile strength of the chain 
divided by the maximum steady state tension. 
(b)   Chain and related accessories shall be select ed and designed for specified design loads, 
speed, corrosion, operating environmental and dynam ic conditions, and for wear and fatigue. 
(c)   Chain manufacturer’s specifications shall inc lude dimensions, strength, grade, and 
nominal breaking strength-working load limit, and s hall be included in the maintenance 
instructions. 
(d)   The capacity of the chain and related accesso ries, for example, terminations, adapters, 
shall be verifiable either by certificates, manufac turer's markings, or testing. 
(e)   Chains in the primary load path that do not p ass around sprockets or wheels shall have 
a minimum factor of safety of five. 
(f)   Chains in the primary load path that pass aro und sprockets or wheels shall have a 
minimum factor of safety of six. 
(g)   A method shall be used to maintain proper cha in contact with sprocket teeth and pulleys. 
(h)   The amusement device manufacturer shall inclu de in the maintenance instructions the 
method to measure chain wear and the maximum allowa ble change in pitch length. 
(i)   Metallic chain guides shall be lined or appro priately protected. 
(j)   The amusement device manufacturer shall inclu de cleaning and lubrication details in the 
maintenance instructions. 
(k)   Chains on lift hills shall be retained in the  trough. 
(9)   Wire Rope .
(a)   Wire rope may be used in systems such as driv e, suspension, tension, braking, and 
counterweight. 
(b)   Wire rope consists of individual wires that a re twisted into strands that form the rope. 
(c)   Wire rope and wire rope accessories, includin g terminations, adapters, and clamps, shall 
be designed for the specified design drive configur ation, cycles, load(s), corrosion, dynamics, 
environment, wear, fatigue, and service conditions.
(d)   Wire rope and wire rope accessories in the pr imary load patch shall have a minimum 
factor of safety of six. 
(e)   The wire rope factor of safety is defined as the ultimate tensile strength of the wire rope 
divided by the maximum steady state tension. 
(f)   The capacity of the wire rope and related acc essories, for example, terminations, 
adapters, shall be verifiable either by certificate s, manufacturer's markings or testing. 
(g)   Wire rope systems shall be configured to mini mize the forming of kinks or knots on any 
part of the wire rope system from normal use, and s hall be designed to avoid excessive local 
stressing of individual elements.  For example, ind ividual wires or strands within the rope. 
(h)   All splices shall be done according to the ro pe manufacturer’s wire rope splice 
specifications. 
(i)   A method shall be used to maintain proper rop e contact with sheaves and pulleys. 
(j)   Wire rope guides shall be lined or appropriat ely protected. 
(k)   The wire rope manufacturer shall recommend th e type and frequency of lubrication and 
corrosion protection. Ropes that have little or no motion, such as ropes in static tension 
systems, anchors, and guys, require special conside ration for protection against corrosion. 
(l)   Wire rope on amusement rides shall be thoroug hly examined periodically, by a 
maintenance mechanic.  Wire rope found to be damage d shall be replaced with new rope of 
proper design and capacity as per the manufacturer' s specifications.  Any of the following 
conditions shall be cause for replacement: 
1.   In running ropes, six randomly distributed bro ken wires in one rope lay or three 
broken wires in one strand in one rope lay; 
2.   In pendants or standing ropes, evidence of mor e than one broken wire in one rope lay; 
3.   Any condition which causes the loss of more th an a of the original diameter of the 
outside individual wires; 
4.   Severe corrosion; 
5.   Kinking, crushing, bird-caging, or other damag e resulting in distortion of the rope 
structure; 
3/24/17 520 CMR - 34.15
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.07:   continued 
6.   Heat damage; 
7.   Reduction from normal diameter of more than 3/ 64 inch for diameters up to and 
including ¾ inch, 1/16 inch for diameters, f inch to 1c inches, 3/32 inch for diameters 
1¼ inches to l½ inches; 
8.   Birdcaging or other distortion resulting in so me members of the rope structure 
carrying more load than others; or 
9.   Noticeable rusting or development of broken wi res in the vicinity of attachments. 
When this condition is localized in an operational rope, it may be eliminated by making 
a new attachment. 
(m)   Wire ropes used to support, suspend, bear or control forces and weights involved in the 
movement and utilization of tubs, cars, chairs, sea ts, gondolas, other carriers, the sweeps, or 
other supporting members of an amusement ride shall  not be lengthened or repaired by 
splicing. In addition, these shall have a redundant  support system capable of carrying the full 
load.  Redundancy of the support system may also be  accomplished with a design that 
includes a higher safety factor in the manufacture of the support system. 
(n)   Rides utilizing vehicles hanging or suspended  from a wire rope shall relocate the 
vehicles on an annual basis as required by manufact urer's specifications. 
(o)   Previous fastening points shall be clearly ma rked for identification when disassembling. 
(10)   Machine Guards .
(a)   The manufacturer shall provide machine guards  or other appropriate measures to inhibit 
employees and patrons from undesirable contact with  belts, chains, pulleys, gears, drive lines, 
and similar moving machinery. 
(b)   Drive shafts shall be provided with safety co ntainment. 
(c)   Chain and sprocket guards shall be provided i n compliance with ANSI/ASME B15.1, 
Safety Standards for Mechanical Power Transmission and Conveyors and Related 
Equipment. 
(11)   Stopping and Emergency Brakes .  Emergency brakes and anti-rollback devices shall  be 
provided and maintained in compliance with the manu facturer’s specifications.  If any apparent 
damage beyond normal wear, as indicated in the main tenance manual, is occurring to the anti- 
rollback dogs, the ride shall be shut down and repa ired. 
(12)   Parking Brakes .  Parking brakes shall keep the ride from moving d uring loading and 
unloading. In some cases, the brake may be a dynami c brake that stabilizes the ride. 
(13)   Fencing .
(a)   General .  All amusement devices shall be provided with fen ces or other apparatus and 
controls as may be necessary to do the following: 
1.   Confine operating staff and patrons within the  boundaries of the device to safe areas. 
2.   Ensure the safety of persons in the vicinity o f the amusement device, but not 
immediately participating in the activity of the am usement device; and 
3.   Ensure the safety of the operating staff. 
(b)   Fencing .  When fences and gates are designed and manufactu red to provide protection 
to spectators and riders, they shall be constructed  to meet the following minimum 
requirements: 
1.   They shall be a height of at least 42 inches a bove the surface on which the inspectors 
and riders stand. 
2.   They shall be constructed in such a fashion so  as to reject a four inch ball at all 
openings; 
3.   They shall be designed, constructed, and erect ed to inhibit overturning by spectators; 
4.   Where used, entrance, exit, and loading gates shall open away from the ride or device 
unless equipped with a positive latching device; 
5.   Gates shall be designed such that if opened du ring the amusement ride cycle, the gate 
will not come into contact with the amusement ride or cause a hazard to riders; and 
6.   Fences and gates shall be constructed as to in hibit spectator contact with the ride or 
rider contact with fences or gates, or both. 
(14)   Means of Access and Egress .  Safe and adequate means of access to and egress from a ride 
shall be provided. Stairways or ramps and connectin g landings or platforms shall be provided 
where the entrance to or exit from a ride is not at  grade. 
3/24/17 520 CMR - 34.16
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.07:   continued 
(15)   Welding .  All welding on structural parts of an amusement device or on sections of 
amusement devices that effect the mechanical safety  of the device shall conform to 520 CMR 
5.07(15). 
Welding procedures shall be in accordance with Amer ican National Standards 
Institute/American Welding Society (ANSI/AWS) or Am erican Society of Mechanical Engineers 
(ASME), or equivalent standards.  All welding used as a method of fabrication or assembly shall 
be in accordance with the appropriate American Weld ing Society (ANSI/AWS D1 specification). 
(16)   Mechanical Fastening .  All fasteners and replacement fasteners shall be  in accordance with 
the ride design specifications per the manufacturer . 
(17)   Foundations for and Siting of Rides at Fixed  Locations .
(a)   Before any ride is sited for the first time o r moved, a copy of the permit application 
submitted to the local building department, includi ng all plans and specifications, shall be 
submitted to the Department for review.  The submis sion shall include the following: 
1.   Foundation drawing(s) and calculations signed and sealed by a licensed professional 
engineer or a letter signed and sealed by a Massach usetts registered professional engineer 
certifying that the existing foundation, pad, or ot her support structure will support the 
ride in all design conditions; 
2.   A soil report for rides that require new found ation work; and 
3.   Site specific environmental information, if th is information was not already submitted 
to the Department.  Site specific environmental inf ormation shall not be required for 
rides when the design covers all environmental desi gn conditions found in the 
Commonwealth. 
(b)   After the ride is erected, but prior to openi ng to the public, a copy of the inspection 
report by the designer or its representative shall be submitted to the Department. 
(c)   If a ride, which is designed for traveling, i s set up for three months or more, the 
following information shall be submitted to the Dep artment for review: Documentation of 
the manufacturer's set-up requirements, including d ocumentation regarding the weather or 
other conditions under which the ride may safely op erate and the environmental design 
conditions.  When those conditions are exceeded, th e ride shall be taken down. 
(18)   Internal Combustion Engines .
(a)   Internal combustion engines shall be of adequ ate type, design, and capacity to handle 
the design load. 
(b)   Where fuel tanks of internal combustion engin es for amusement rides are not of 
adequate capacity to permit uninterrupted operation  during normal operating hours, the 
amusement ride shall be closed down and unloaded or  evacuated during the refueling 
procedure.  The fuel supply shall not be replenishe d while the engine is running. 
(c)   Where an internal combustion engine for an am usement ride is operated in an enclosed 
area, the exhaust fumes shall be discharged to the outside. 
(d)   Internal combustion engines for amusement rid es shall be located to allow proper 
maintenance and shall be protected by guards, fenci ng or enclosure. 
(19)   Warning Signs .
(a)   On rides that expose a rider to high speed, s ubstantial centrifugal force or a high degree 
of excitement, the owner shall post a conspicuous w arning sign at the entrance of the ride 
advising the public of the potential risk to riders . 
(b)   The signs required shall be in sharply contra sting colors and be legible to a person of 
normal vision standing at a point of entrance to th e ride. 
(c)   The limitations shall be as specified by the manufacturer. 
(d)   Operators and operator assistants are respons ible for the maintenance of signage in or 
around the ride.  Rides and attractions requiring s igns inside each vehicle instructing riders 
of the safest way to ride shall be maintained at al l times.  If any vehicle is missing the safety 
signage, the ride shall not be allowed to operate u nless the owner has submitted  and received 
approval from the Department for a policy that requ ires the vehicle to be positively locked 
and tagged out to prevent inadvertent use. 
(e)   If a sticker or on-ride signage is missing, t he individual car or vehicle will be locked out 
utilizing a procedure that has been approved by the  Commissioner or his designee.  In lieu 
of such a program, the entire ride shall be taken “ out of service” and not allowed to be 
operated until the proper signage is in place. 
3/24/17 520 CMR - 34.17
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:    DEPARTMENT OF  PUBL IC SAFETY
5/13/11 520 CMR - 34.185.08:   Opera tion of Amusement Devic es
(1)   Scope .
(a)   520 CMR 5.08 establishes the proce dures for owners, opera tors and manufacture rs of
amusement de vices other  than inflatable s to follow during  the oper ation of an a musement
device  in Massachuse tts to assure  that the ride is proper ly set-up, maintained and will be safe
for the r iding public.
(b)   All rides shall be maintained in conformanc e with the manuf actur er's specific ations and
the appr oved desig n.
(2)   Daily Maintenance and Operator Inspections and Test.
(a)   Oper ators shall not opera te any  ride that ha s not had a daily  maintenanc e inspec tion and
operator’s inspection done prior to opening to the public on that day.
(b)   The  Depa rtment shall not inspect or issue a permit for a ride without  a current copy  of
the following  items being  on site and ava ilable to the inspector:
1.   The manufacturer's set up and assembly manual;
2.   The manufacturer's maintenance manual;
3.   The manufacturer's operation ma nual;
4.   The daily maintenance inspection and checklist;
5.   The daily operational inspection and checklist;
6.   The maintena nce log ; and 
7.   The ND T plan, if applica ble.
8.   The maintena nce log  shall be done pr ior to the ride being  opened to the publ ic.  The
maintenanc e log  may  be complete d by the same person that will be oper ating  the ride a s
long as that individual is qualified to complete the maintenance log.
(c)   Individual tubs, sweeps, vehic le cha ssis, bents, towe rs, and supports to g round shall be
uniquely  identif ied and marked with no more than a  combination of six  char acters or
numbers to fa cilitate identifica tion during ma intenance  and inspec tion.
(3)   DIGSAFE Number.  When any excavating  is to be performe d or ground rods are to be used,
DIGSAFE sha ll be called a nd the DI GSAFE numbe r sha ll be identified on the loca l building
permit (use of  premise pe rmit).  DI GSAFE r equire s 72 hours prior notice be fore work c an be
started.  The  DIGSAFE te lephone number  to be  called to obta in this num ber is 888-344- 7233.
(4)   Site Layout.
(a)   The site on which rides are to be erected shall be reasonably:
1.   Fr ee of  large roc ks and debr is that might pose a ha zard;
2.   Well maintained to ensure sa fe ope ration;
3.   Fr ee of  holes that might pose a  hazard;
4.   Sufficiently  level to allow saf e oper ation of the ride ; and
5.   Fa r enoug h awa y from vehic le traffic to provide a  safe environment for  the public.
(b)   Where ver r equired by  the manufa cture r, prope r protec tion between the  amusement
device  and the g round shall be pr ovided.
(c)   Whenever  foundations ar e required for  a ride, the ow ner sha ll submi t the require d
documentation to the local building department.
(5)   Ride Ope rator.
(a)   Control of Opera tion.
1.   The correct number of ope rators ne cessa ry to safely  opera te the ride , based on the
opera ting manua l, shall be on site and in the cor rect location(s).
2.   An oper ator shall not l eave the ride unattended without disabling the  controls so that
the ride c annot be started by  unauthorized persons. I f the ride  is left unattended a nd
disabled during an operational day, the operator, upon returning, shall run a complete
cycle of  the ride, pr ior to re- opening  the ride.
3.   Th e operator or operator assistants shall check each and every restraint, constraint,
seatbelt, lap bar and any other device used in securing riders into a vehicle individually
to assure that it is locked properly and that the rider fits properly in the safety system.
4.   Additional opera tion start button(s) shall be provided w here loading  and unloading
opera tions are be ing performed in an extended area wher e safety restra ints, harness and
other de vices a re require d to preve nt ejection fr om the ride during  opera tions.  The star t
button(s) shall work in ser ies in that all button(s) shall be depre ssed by opera tors befor e
the ride will start.
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.08:   continued 
5.   The operator or operator assistant shall check  the height, weight or size of riders, as 
applicable, with the height mark, scale or other me ans of measurement provided by the 
owner.  The means of measurement shall enable the o perator to determine whether a rider 
meets the required limit in a "go, no go" fashion.  No one who does not meet the required 
limits shall be permitted to ride the ride. 
a.   When the weight of a rider is used to determin e entry to or use of a ride, an 
accurate scale shall be provided. 
b.   A rider not meeting the approved height restri ction may be accompanied by a 
companion if provided for in the manufacturer's ope rations manual or otherwise 
specified by the manufacturer.  Companions shall me et any requirements given in the 
manufacturer's specifications.  The larger person s hall be by the exit door to ensure 
it stays closed and latched during operation unless  this arrangement of riders creates 
a conflict with 520 CMR 5.08(5)(a)5.c. 
c.   Where riders are of disparate sizes, riders sh all be placed in the ride such that any 
action caused by centrifugal forces shall push the weight of the lighter rider into the 
heavier rider. 
d.   Riders at or above the maximum weight may be a llowed if such riders are 
provided for in the manufacturer's operations manua l.  Distribution of such riders 
shall be as per the operations manual. 
6.   All powered rides shall be equipped with a pro perly functioning operator presence 
device. 
a.   The operator shall be in constant contact with  the operator presence device at all 
times during normal operation of the ride.  520 CMR  5.08(5)(a)6. shall not be 
construed to prohibit riders from using  ride opera ting controls designed for use by 
a rider. 
b.   The operator presence device shall be tested a t each inspection. 
c.   Where, by design, no operator presence device is available, the operator shall 
remain within arms’ reach (a safety zone) of the ri de’s control panel while 
monitoring the ride during normal operation.  The s afety zone will be highlighted by 
contrasting color which shall delineate the operato r’s area of allowable movement. 
7.   The ride operator shall exercise control over the ride to prevent dangerous actions by 
a rider. 
8.   In the event of an emergency stop, routine sto p (for the purpose of loading or 
unloading of a rider), or a stop for any other reas on, the operator or operator assistants 
shall assure that no other riders have exited their  vehicles unexpectedly. 
(b)   Operator Qualifications .
1.   The ride operator shall be 18 years of age or older. 
2.   The ride operator or operator assistant shall not operate any ride while under the 
influence of drugs or alcohol. 
3.   The operator and all operator assistants shall  have a complete knowledge of the 
operation of the restraint system, lap bar locking system, seatbelts and the proper way to 
seat a rider in a vehicle. 
(c)   Operator Training .
1.   The ride operator shall be properly trained be fore being assigned the duties of 
operating a ride as specified in 520 CMR 5.04(6).  The owner shall require a certification 
to be signed by each ride operator and operator ass istant indicating the ride name and 
operator’s level of authority regarding the ride.  This certification shall be kept on file by 
the owner for at least three years. 
2.   The staff operating belay systems for portable , fabricated non-inflatable rock walls 
with a height in excess of 12 feet measured from th e landing surface to the highest 
anchor, have been provided training as specified by  the climbing wall manufacturer 
and\or belay system manufacturer.  The owner shall require a certification signed by the 
belay operator indicating the ride name and level o f training.  This certification shall be 
kept on file by the owner for at least three years.
3.   The ride operator shall wear a tag identifying  they have successfully completed the 
training program for the ride they are operating.   Any such identification shall include 
their full name, that they are 18 years of age or o lder, a photo and the name of the device 
for which they are certified. 
4.   The ride operator shall have access to a copy of the manual and shall have the ability 
to read and understand the manual as written by the  manufacturer and to safely operate 
and communicate safe riding policies to the public for the ride. 
3/24/17 520 CMR - 34.19
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.08:   continued 
5.   The operator and all operator assistants shall  be trained to be aware of the motions 
and sounds attributed to the normal operation of th e ride.  The operator shall be familiar 
with how the ride looks when it is functioning norm ally, and be alert to any unusual 
conditions.  If there are any changes in the normal  operating condition, operation shall 
cease and the owner shall be called immediately.  T he owner will decide the appropriate 
action to be taken. 
6.   Operators and operator assistants shall know t he whereabouts of all safety equipment 
such as fire extinguishers, emergency main electric al disconnect, lock-out point and 
nearest telephone for routine or emergency assistan ce. 
(6)   Lock-out Procedure .
(a)   All owners shall have in place a written lock -out procedure. 
(b)   All amusement device disconnecting devices sh all be provided with a means of lock- 
out.  Where rides have mechanical, pneumatic or hyd raulic energy, these systems shall have 
a means of being locked out when necessary for doin g maintenance and inspections. 
(c)   The ride operator or maintenance mechanic sha ll lock-out the disconnect switch when 
restoration of power to an amusement ride could cre ate a hazard to persons during the 
performance of maintenance, repair, inspection or a n emergency evacuation of riders, and 
ensure that it remains locked-out until such time t hat restoration of power will not create a 
hazard. 
(d)   A lock-out shall not be removed by any person  other than the person, who installed it, 
except as allowed by the written procedure for lock -outs.  Lock-outs put in place by the 
Department shall be removed only by the Department.
(7)   Set Up, Maintenance and Repair Operations Aff ecting Structural Integrity or Key 
Components .
(a)   Rides shall have no excessive corrosion or pi tting affecting structural integrity or the 
functioning of key components. 
(b)   Rides shall be operated and maintained in com pliance with the manufacturer's 
specifications for fatigue loading. No holes shall be drilled into tubing that might 
compromise the integrity of the structure without w ritten permission from the manufacturer. 
In the event the manufacturer does not exist, a Mas sachusetts registered professional engineer 
shall review and approve, in writing, the actions a nd reasons for said actions.  The 
manufacturer or the professional engineer shall dem onstrate to the Department upon request, 
from materials standards or from the maintenance ma nual, that the proposed hole sizes and 
locations will not compromise the integrity of the structure. 
(c)   No structural shaft may be cross-drilled or w elded without the written permission of the 
manufacturer. In the event the manufacturer does no t exist, a Massachusetts registered 
professional engineer shall review and approve, in writing, the actions and reasons for said 
actions. 
(d)   During installation, set-up to begin seasonal  operation or assembly after disassembly for 
mechanical malfunction, an owner shall use or order  to be used fasteners supplied by or the 
equivalent to those specified by the manufacturer. 
1.   All pins used shall adhere to manufacturer's s pecifications in length, hardness and 
type. 
2.   All safety pins, such as “R” keys, and “cotter  pins”, shall be as per manufacturer's 
specifications. 
3.   All fasteners shall be tightened to manufactur er's specified torque values. 
(e)   Before being used by the public, rides shall be so placed or secured with blocking, 
cribbing, outriggers, guys or other means as to be stable under all operating conditions. 
(f)   Any and all welding done on the amusement rid e shall be performed by a welder 
certified by the American Welding Society (AWS) or an acceptable alternative welding 
certification with proof of certification on site a t all times. 
(g)   Any and all work performed by a machine shop,  repair facility, or a third party of any 
kind for any reason shall be done to the documented  specifications of the manufacturer or 
of a Massachusetts registered professional engineer , as appropriate, based on a written repair 
plan. 
(h)   All work done shall be done to manufacturer's  specifications. 
(i)   Prior to re-inspection following a repair, th e owner shall provide the Department with 
documentation that the repair was performed in acco rdance with the maintenance manual or 
any instruction from the manufacturer. 
3/24/17 520 CMR - 34.20
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.08:   continued 
1.   When requested by the Department, copies of al l correspondence regarding a specific 
repair not covered in the manual shall be sent to t he Department.  Copies of subsequent 
correspondence shall be sent as they occur. 
2.   If a manufacturer no longer exists or no other  manufacturer has taken over 
responsibility for the technical support of the rid e, then the ride owner shall make the 
repair following accepted engineering practice.  No tice of such repair, including a 
description of the repair procedure, shall be given  to the Department. 
(8)   Vehicle Integrity .
(a)   The interior and exterior parts of all rider carrying rides with which a rider may come 
in contact shall be smooth and rounded, free from s harp, rough or splintered edges and 
corners, with no protruding studs, bolts, screws or  other projections which might cause 
injury. 
(b)   Interior parts upon which a rider may be forc ibly thrown by the action of the ride shall 
be adequately padded. 
(c)   Seatbelts, lap bars, straps, shoulder harness es, chains, secondary locking devices and any 
other form of restraint, constraint or containment device shall be in proper working order or 
the entire device shall be removed from service and  tagged “Out of Service”.  The only 
allowable exception shall be the use of an approved  “seat lockout” program to be utilized to 
shut down an individual seat where a repair is need ed.  In lieu  of such a program, the entire 
device shall be shut down until a repair has been m ade. 
(d)   Handholds, bars, footrests and other equipmen t as may be necessary for safe entrance 
and exit to and from amusement rides shall be provi ded and maintained in a safe condition. 
Such equipment shall be of sufficient strength to s upport the riders. 
(e)   Where only individual units of a ride, such a s cars, seats or other carriers are defective 
and not in compliance with 520 CMR 5.00, the entire  device shall be taken out of service and 
clearly marked with a sign reading “Out of Service” , unless the owner has submitted and 
received approval from the Department for a seat lo ckout program. 
(9)   Voice Communication and Signal System .
(a)   Voice communication shall be provided between  the ride operators at the entrance, 
intermediate points, and the termination of an amus ement ride where voice communication 
improves control of the ride by reducing a hazardou s condition created by distance or lack 
of visibility between these points. 
(b)   An additional operator and a signal system sh all be provided where the operator of the 
ride does not have a clear view of the point at whi ch riders are loaded or unloaded.  The 
additional operator shall be stationed so as to be able to observe all areas not visible to the 
operator of the ride. 
(c)   For rides and attractions which require verba l instruction or warning prior to operation, 
this instruction shall be given in a manner that is  clearly audible to all riders prior to the start 
of each ride cycle.  This instruction shall be cons istent with the operation manual. 
(d)   Any code of signals adopted for the operation  of any ride shall be printed and kept 
posted at both the operator and signalman’s station s.  All persons who may use these signals 
shall be carefully instructed in their use. 
(e)   Signals for the movement or operation of a ri de shall not be given until all riders and 
other persons who may be endangered are in a positi on of safety. 
(10)   Proximity to High Voltage Lines .  It is the responsibility of the owner to ensure that 
amusement devices are located so that they do not c ome in close proximity to high voltage lines, 
which could result in electrocution or ride damage.
(11)   Ride Loading and Unloading .  The means of loading and unloading from each rid e shall 
be maintained in compliance with the manufacturer's  specifications. 
(12)   Protection Against Moving Parts or Other Haz ards and Clearance Envelopes .
(a)   Owners, operators and operator assistants sha ll be aware of any construction equipment 
or vehicles operating in the immediate vicinity.  A ny equipment encroaching on the normal 
range of motion of the ride shall be removed to a s afe distance or the ride shall not be 
operated. 
(b)   A ride shall not be used or operated while an y person is so located as to be endangered 
by it.  Areas in which persons may be so endangered  shall be fenced, barricaded or otherwise 
guarded against public intrusion. 
3/24/17 520 CMR - 34.21
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:    DEPARTMENT OF  PUBL IC SAFETY
5/13/11 520 CMR - 34.225.08:   continued
(c)   Where a  public acc ess, queuing , loading  or unloading  area is under the  ride, ove rhead
protec tion from objects that mig ht rea sonably  be ex pecte d to fall from a ride (for e xample,
items carried or worn by riders) shall be provided, unless otherwise allowed by the
Commi ssioner. 
(d)   Machinery used in or with an amusement ride shall be enclosed, barricaded or otherwise
effectiv ely guarde d against contac t.  Guards r emoved f or maintena nce pur poses shall be
repla ced be fore normal oper ation is resumed.
(e)   Rides which are self -powe red a nd which ar e oper ated by  a ride r shall have  the driving
mecha nism so guar ded and the  guard so se cured in pla ce as to preve nt riders fr om ga ining
access to the mechanism.
(f)   Eac h ride shall be  r ender ed inoper able whe n not attended or  in use.  
(g)   Cleara nce envelope s shall be maintained as per manufa cture r's specific ations at all times
during  the oper ation of an a musement ride.
(h)   De corations, such as fl ags, or lighting fixtures sha ll be secured in a f ashion that they will
not cre ate a hazard to riders or members of the public in the  event of high w inds or normal
vibration ca used by  moving equipment and shall be pla ced f ar enoug h from the r ide so as not
to encr oach on the  clearance enve lope.
(13)   Rider Re straint, Restrictions, Containment.  Restraining , containing  or cushioning  device s
shall be maintained in compliance with the manufacturer's specifications.
(14)   Ove rload a nd Over  Speed.
(a)   An amusement device  shall not be overcrow ded or loaded in excess of its safe c arrying
capacity. The maximum  safe number of riders listed in the manufa cture r's opera tions manual
and on the data plate affixed to the ride shall govern loading.
(b)   Amuse ment device  and attra ctions clea rly suitable for c hildren only  shall not carr y
adults, unless allowed by the manufacturer’s operations manual.
(c)   Amusement devic e shall not be ope rated at an unsa fe spe ed or a t any  speed be yond that
recommended by  the manufa cture r.  The maxi mum sa fe opera ting spe ed of a n amusement
device can be found in the operations manual provided by the manufacturer and on the data
plate af fixed to the ride .
(d)   An a musement device  capable of exceeding  its maximum  safe opera ting spe ed shall be
provided with a ma ximum speed limit ing de vice.
1.   An amuseme nt device requiring  a maximum  speed- limit ing de vice sha ll have the
device  connec ted in the control c ircuit immediately  bring ing the ride to a safe stop if the
ride exceeds the maximum safe operating speed or the device is disabled or
malfunctioning.
2.   The speed-limiting device shall not be by-passed or disabled in any way.
3.   The De partment, when necessary , shall require  the testing  of speed limit ing de vices
by the owner  or owne r’s re prese ntative for r easons of  ensu ring proper  functioning  of
these devices.
(15)   Wind  and Storm Hazards.
(a)   Oper ators and ope rator a ssistants shall be a ware of weather c onditions i ncluding , but not
limited to, wind, rain, lightning and any approaching storm.
(b)   An amuseme nt device w hich is exposed to wind or storm shall not be operate d under
dangerous weather conditions except to release or discharge riders.
(c)   Manufa cture r wind and weather related restric tions shall be f ollowed during  periods of
wind or storm.  The restrictions shall be addressed in the operation manual, which sha ll be
on site at all times.
(16)   Ligh ting.
(a)   Amusement devices, including access and egress , while in ope ration or oc cupied, shall
be provided with illumination by natural or artificial means s ufficient to guard against
injuries to the public.
(b)   All floresce nt lighting  shall have the proper  guarding  to minim ize shattering  of glass on
patrons.
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.09:   Inflatable Devices 
(1)   General Administrative Procedures .
(a)   Scope .  520 CMR 5.09(1) establishes general administrati ve provisions including license 
and permit issuance, fees, and inspections for infl atable devices. 
(b)   Issuance of Annual License and Permits Denial s; Appeals .
1.   No person shall manufacture or sell for use in  the Commonwealth, operate, arrange 
for, or cause to be used, any inflatable device tha t is not in compliance with 520 CMR 
5.09. 
2.   Prior to any amusement owner being licensed to  operate in the Commonwealth, the 
owner shall provide the following documents to the Department: 
a.   Completed application as provided by the Depar tment; 
b.   Required fees in accordance with the fee sched ule set forth in 801 CMR 
4.02:  Fees for Licenses, Permits, and Services to be Char ged by State Agencies ;
c.   Certified Inspector Report (except for small i nflatables); 
d.   Certificate of insurance demonstrating complia nce with M.G.L. c. 140, § 205A, 
and 520 CMR 5.09. 
e.   A list of the ride operators trained in confor mance with the manufacturer's 
specifications and certified by the owner.  Such li st shall include the names of the 
certified ride operators who are 18 years of age or  older and the devices for which 
they have been trained and certified to operate. 
f.   A list of staff operating belay systems for po rtable, fabricated inflatable rock walls 
with a height in excess of 12 feet measured from th e landing surface to the highest 
anchor, who have been provided training as specifie d by the climbing wall 
manufacturer and\or belay system manufacturer. The owner shall require a 
certification signed by the belay operator indicati ng the ride name and level of 
training.  This certification shall be kept on file  by the owner for at least three years. 
g.   A list of Certified Inflatable Device Mechanic s and a Certificate issued by the 
Department pursuant to 520 CMR 5.09(1)(j) for each Certified Inflatable Device 
Mechanic. 
h.   A completed Criminal Offender Record Informati on (CORI) Request Form. 
i.   A Pre-employment criminal history inquiry proc edure in accordance with 
520 CMR 5.09(2)(h). 
j.   For portable, fabricated inflatable rock walls  with a height in excess of 12 feet 
measured from the landing surface to the highest an chor; the owner shall affirm that: 
i.   Anchor supports for the wall comply with manuf acturer specifications, 
EN12572 or CWA Engineering Specifications; 
ii.   Only automatic belay systems are used; 
iii.   Anchor supports for climbing wall meet the r equirements of the auto belay 
manufacturer; 
iv.   Integral base and guardrail systems are provi ded as required by the 
manufacturer; 
v.   Harnesses that conform to either the rock wall  manufacture recommendations 
ASTM F1772, UIAA105, or EN12277 are used by all pat rons; 
vi.   Helmets that conform to either the rock wall manufacturer recommendations, 
EN12492 or UIAA106 or equivalent ASTM standards are  used by all patrons. 
3.   The owner shall apply for an annual license at  least ten days prior to commencing 
operations each year on a form supplied by the Depa rtment.  An annual license shall be 
valid for a period of one year or until the expirat ion of the insurance certificate, 
whichever occurs sooner. 
4.   Licensure shall be conditioned upon the comple tion of a CORI inquiry by the 
Department pursuant to authorization granted by the  DCJIS in accordance with 
M.G.L. c. 6, § 172(b) and (c) and in accordance wit h the Department’s guidelines for 
evaluating CORI reports. 
5.   Upon approval, the Department shall issue a li cense to the owner to operate in the 
Commonwealth and permits for all inflatable devices  identified in the application.  The 
owner shall mark each inflatable device with a desi gnated number for each approved 
inflatable device. 
6.   No inflatable device shall be operated without  a valid annual license and permit. 
7.   Denial; Appeals .  The Commissioner may refuse to issue a license t o an applicant 
based on the following grounds: 
3/24/17 520 CMR - 34.23
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.09:   continued 
a.   Submittal of an incomplete application or subm ittal of an application on a form 
not authorized by the Department; 
b.   Failure to submit a Pre-employment criminal hi story inquiry procedure; 
c.   Failure to submit required fees; 
d.   Knowingly submitting false, invalid, incorrect  or fraudulent information; 
e.   Failure to submit a CORI Request Form; 
f.   If at the time of application, the applicant i s under investigation by the 
Department or other law enforcement agency in conne ction with the operation of 
inflatable devices; 
g.   If the Commissioner finds that the applicant d oes not possess the integrity and 
general fitness to operate amusement devices in a s afe manner and in the public 
interest consistent with 520 CMR 5.00 or M.G.L. c. 140, § 205A. 
8.   If the Commissioner refuses to issue a license , he shall notify the applicant in writing, 
setting forth the reasons for the denial.  Within 2 1 days of receipt of the denial, the 
applicant may make written demand upon the Commissi oner for a hearing before the 
Commissioner or his or her designee to determine th e reasonableness of the 
Commissioner’s action.  The hearing shall be held p romptly and in accordance with 
M.G.L. c. 30A and 801 CMR 1.02:  Informal/Fair Hearing Rules .
9.   If, after a hearing, the Commissioner denies t he issuance of the license, he or she 
shall notify the applicant in writing.  Such notice  shall be sent by certified mail and first 
class mail and shall contain the reasons supporting  the denial.  Within 30 days after 
receipt of the notice, the applicant may appeal suc h denial to Superior Court in 
accordance with M.G.L. c. 30A, § 14. 
(c)   Fees .  A fee shall be paid by the applicant for each in flatable device listed in the 
application in accordance with the fee schedule as set forth in 801 CMR 4.02: Fees for 
Licenses, Permits and Services to Be Charged by Sta te Agencies .
(d)   Insurance Requirements .
1.   Large Inflatables . The owner of a large inflatable device shall furn ish proof of 
financial responsibility to satisfy claims for dama ges on account of any physical injury 
or property damage suffered by any person by way of  commercial general liability 
insurance in the minimum amount of $1,000,000.00 pe r occurrence limit with a 
$2,000,000.00 general aggregate limit written on an  occurrence form. 
2.   Small Inflatables .  The owner of a small inflatable device shall fur nish proof of 
financial responsibility to satisfy claims for dama ges on account of any physical injury 
or property damage suffered by any person by way of  commercial general liability 
insurance in the minimum amount of $1,000,000.00 pe r occurrence written on an 
occurrence form. 
3.   Certified inspectors shall also furnish proof of general liability insurance in the 
minimum amount of $1,000,000 per occurrence limit w ritten on an occurrence form. 
(e)   State Identification Numbers .
1.   Each inflatable device shall be identified usi ng a number issued by the Department 
and marked on each device. 
2.   When an inflatable device is approved, the Dep artment shall assign an annual permit 
number to each device which shall be kept by the De partment to identify that the 
inflatable device conforms with the requirements to  be licensed for that year. 
3.   New inflatable devices that do not have a Depa rtmental issued number shall receive 
such number upon application for the annual permit along with other documentation 
required by 520 CMR 5.00. 
(f)   Inspector and Police Admission to Grounds .  As a condition of the license, owners shall 
grant unlimited access to any law enforcement offic ers fire officials or inspector(s) of the 
Department to the grounds and devices covered by 52 0 CMR 5.09 in the performance of their 
duties. 
(g)   Inspections .
1.   All large inflatable devices shall undergo an annual inspection that shall include but 
is not limited to all components specified by the m anufacturer.  All manufacturer 
recommendations pertaining to specialized testing a nd inspection procedures shall be 
followed. 
2.   Inspection by the Certified Inspector .
a.   All large inflatable devices shall be inspecte d by a certified inspector prior to 
being allowed to operate in the Commonwealth.  Smal l inflatables are not required 
to be inspected by a certified inspector prior to o peration. 
2/27/15 520 CMR - 34.24
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.09:   continued 
b.   The certified inspector shall ensure that the manufacturer’s specifications and 
recommendations as they pertain to parts to be disa ssembled, inspected, and replaced 
are followed. 
c.   The certified inspector shall review all maint enance records for the inflatable 
device from the previous year and ensure that all p ertinent safety bulletins and 
manufacturer specified repairs/modifications/upkeep  requirements have been 
implemented where necessary. 
d.   For portable, fabricated inflatable rock walls  with a height in excess of 12 feet 
measured from the landing surface to the highest an chor; the inspector shall confirm 
that: 
i.   Anchor supports for the wall comply with manuf acturer specifications, 
EN12572 or CWA Engineering Specifications; 
ii.   Only automatic belay systems are used; 
iii.   Anchor supports for climbing wall meet the r equirements of the auto belay 
manufacturer; 
iv.   Integral base and guardrail systems are provi ded as required by the 
manufacturer; 
v.   Harnesses provided conform to either the rock wall manufacturer 
recommendations ASTM F1772, UIAA105, or EN12277; 
vi.   Helmets provided conform to either the rock w all manufacturer 
recommendations, EN12492 or UIAA106 or equivalent A STM standards. 
e.   The certified inspector will document, both in  report form and photographs, any 
unusual issue that may be discovered.  The inspecto r shall notify the owner and shall 
not certify the inflatable device until the issues are abated. 
f.   Upon completion of the inspection, the certifi ed inspector shall document any and 
all findings that require attention as per the manu facturer, as well as any areas that 
are of concern to the certified inspector for furth er observation. 
g.   The certified inspector shall review all maint enance documentation concerning 
device repairs, all modifications and standard upke ep for the previous year.  The 
certified inspector shall document any issues of co ncern and notify the owner of such 
concerns.  Issues directly affecting the safety and  integrity of the device shall be 
immediately addressed.  The certified inspector sha ll not certify a device until the 
issues have been appropriately abated. 
h.   The certified inspector shall submit a report to the Department on a form 
provided by the Department.  This report shall: 
i.   Identify all major modifications performed on the ride for the past year; 
ii.   Confirm the review of the maintenance logs fr om the previous year; 
iii.   Identify items found to be out of compliance  and what was done to bring the 
device into compliance; 
iv.   Include the signature of the certified inspec tor; and 
v.   State the name and Massachusetts Certificate o f Competency License Number 
of the certified inspector printed legibly. 
(h)   Acceptance Inspection .
1.   An acceptance inspection shall be performed on  all newly constructed and 
manufactured large inflatable devices which are bro ught in to the Commonwealth for the 
first time.  The acceptance inspection shall be per formed by either the certified inspector 
or the manufacturer’s representative.  The acceptan ce inspection shall include the 
following: 
a.   A review of the operator training records and owner certification; 
b.   A review of the certification that the manufac turer has tested the device in 
accordance with applicable ASTM standards and deter mined that the ride is 
satisfactory.  This certification shall remain with  the ride; 
c.   A check of redundant safety systems; and 
d.   An operating inspection. 
2.   Such documentation shall be submitted to the o wner and the Department using the 
“New Ride Acceptance Form”. 
3.   For all other large inflatable devices brought  in to the Commonwealth for the first 
time, an inspection shall be performed by the certi fied inspector in accordance with the 
requirements of 520 CMR 5.09(1)(g)2. before the rid e may operate.  Such inspections 
shall be documented and submitted to the Department  using the “New Ride Acceptance 
Form”. 
2/27/15 520 CMR - 34.25
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.09:   continued 
(i)   Inspections by the State Inspector .
1.   a.   Small Inflatables .  All  small  inflatable  devices  may  be  inspec ted  by  a  state 
inspector at any time during the season as deemed n ecessary by the Commissioner 
to ensure that they are in compliance with 520 CMR 5.09.  Small Inflatable devices 
may be inspected at the owner's designated location .  The Department may charge a 
fee for inspections in accordance with the fee sche dule set forth in 801 CMR 
4.02:  Fees for Licenses, Permits, and Services to Be Char ged by State Agencies .
b.   Large Inflatables .  Prior to the use of any large inflatable device,  the state 
inspector may inspect the general safety of all lar ge inflatable devices at the location 
of the set up to ensure that they are in compliance  with 520 CMR 5.09. 
2.   The general safety inspection for all inflatab le devices may include: 
a.   A review of all maintenance records; 
b.   A review of the daily operator logs; 
c.   A visual inspection of the device including: 
d.   Identification of the ride; 
e.   Inspection for adjacent hazards and interferen ces; 
f.   Inspection of the ride for obvious excessive w ear; 
g.   Review of the blower, motor, and cord; 
h.   Anchorage points and stakes and/or weights. 
i.   For portable, fabricated inflatable rock walls  with a height in excess of 12 feet 
measured from the landing surface to the highest an chor; the inspector shall confirm 
that: 
i.   Anchor supports for the wall comply with manuf acturer specifications, 
EN12572 or CWA Engineering Specifications; 
ii.   Only automatic belay systems are used; 
iii.   Anchor supports for climbing wall meet the r equirements of the auto belay 
manufacturer; 
iv.   Integral base and guardrail systems are provi ded as required by the 
manufacturer; 
v.   Harnesses provided conform to either the rock wall manufacturer 
recommendations ASTM F1772, UIAA105, or EN12277; 
vi.   Helmets provided conform to either the rock w all manufacturer 
recommendations, EN12492 or UIAA106 or equivalent A STM standards. 
3.   The state inspector shall document any issues of concern and immediately notify the 
owner, or his representative, of such concerns.  Is sues directly affecting the safety and 
integrity of the device shall be immediately addres sed.  Upon completion of the 
inspection, the state inspector shall provide the o wner, or his representative, with a 
written inspection report. 
4.   If a ride is not certified at the time of insp ection, the state inspector performing the 
inspection shall state on the Amusement Device Chec klist whether a re-inspection is 
required after the violation has been resolved. 
5.   Re-inspection .  Where a ride is not certified for operation at t he time of inspection 
and requires a re-inspection, an owner shall apply to the Department for a re-inspection. 
6.   The Department may charge a fee for re-inspect ion of a device in accordance with the 
fee schedule set forth in 801 CMR 4.02:  Fees for Licenses, Permits, and Services to Be 
Charged by State Agencies .
7.   Device Preparation .
a.   The owner shall ensure that the large inflatab le device is ready for the state 
inspection and operation at the scheduled time for the state inspection. 
b.   If the large inflatable device is not ready at  the time of the scheduled state 
inspection, it shall be deemed to have failed the i nspection.  The inflatable device 
shall not operate until all violations have been re solved to the satisfaction of the 
Commissioner or his or her designee. 
c.   Personnel shall be available to operate all in flatable devices during the state 
inspection. 
8.   Variance .
a.   If the owner or manufacturer believes that ful l compliance with 520 CMR 5.09 
is overly burdensome, the owner or manufacturer may  apply to the Commissioner for 
a variance from 520 CMR 5.09.  The burden is on the  applicant to demonstrate in 
writing to the Department that the granting of the variance would not compromise 
public safety or otherwise undermine the purpose of  520 CMR 5.09.  Application for 
a variance shall be made on a form provided by the Department for this purpose shall 
contain such information as is required by the Depa rtment, and shall be signed by the 
applicant. 
3/24/17 520 CMR - 34.26
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.09:   continued 
b.   Upon receipt of an application for a variance,  the Commissioner, or his designee 
may: 
i.   Grant the application with whatever conditions  are deemed appropriate; 
ii.   Deny the application without a hearing;   
iii.   Any person aggrieved by this decision may fi le a request for an adjudicatory 
hearing with the Department within 30 days of recei pt of the decision.  All 
adjudicatory hearings shall be held in accordance w ith the provisions of 
M.G.L. c. 30A and 801 CMR 1.02:  Informal/Fair Hearing Rules .  Any person 
aggrieved by a decision made after a hearing may ap peal to the Superior Court 
in accordance with M.G.L. c. 30A, § 14. 
(j)   Certified Inflatable Device Mechanic State Ce rtification . Any individual who performs 
maintenance on inflatable devices for an owner may apply to the Department to be certified 
as a Massachusetts certified inflatable device mech anic through an examination administered 
by the Department, except that an individual who ho lds a NAARSO or AIMS Level I or II 
certification may be certified by the Department by  providing proof of said certification in 
lieu  of taking an examination.  A certificate shall con tinue in force until the date of birth of 
the holder occurring more than 12 months but not mo re than 24 months after the effective 
date of such certificate unless suspended or revoke d for incompetence or untrustworthiness 
of the holder.  If any such certificate expires in an even year, any subsequent renewal shall 
expire on the next anniversary of the holder's date  of birth occurring in an even year.  If any 
such certificate or renewal thereof expires in an o dd year, any subsequent renewal shall 
expire on the next anniversary of the holder's date  of birth occurring in an odd year.  A 
certificate issued to a person born on February 29 th  shall, for the purposes of 520 CMR 
5.09(1)(j), expire on March 1 st .
Certificate Extension - Military Service .  If the certificate holder is on active duty with
the armed forces of the United States, as defined i n M.G.L. c. 4, § 7, clause forty-third, the 
certificate shall remain valid until the certificat e holder is released from active duty and for 
a period of not less than 90 days following that re lease.  For 520 CMR 5.09(1)(j) to apply, 
the certificate holder must be given an Honorable D ischarge, a General Discharge, or an 
Under Other than Honorable Conditions (UOTHC) Disch arge, as noted on their discharge 
and separation papers. 
(2)   Owner Responsibility .
(a)   Scope .  520 CMR 5.09(2) establishes the responsibilities  of owners of inflatable devices 
regarding the safe operation and maintenance of suc h devices. 
(b)   Device Equipment .
1.   The owner shall not install, operate, or allow  to be operated, any inflatable device that 
does not have a valid license and permit issued pur suant to 520 CMR 5.09. 
2.   Existing equipment shall be maintained in acco rdance with 520 CMR 5.09. 
(c)   All owners of inflatable devices shall comply  with ASTM Standards . 
(d)   Records .
1.   Copies of all manufacturer's bulletins or reco mmendations received by the owner 
shall be forwarded to the Department within 14 days  of receipt. 
2.   The manuals for all large inflatable devices s hall be kept with the device and shall be 
available for use by the Department. 
3.   The manuals for all small inflatable devices s hall be kept with the owner at a 
designated location and shall be available to the D epartment upon request and available 
to the certified insurance inspector. 
4.   A record of all maintenance, inspections and t ests for all inflatables shall be 
documented immediately upon completion of the test,  inspections and maintenance 
performed, and shall be available to the Department  for one year.  After one year, such 
records shall be maintained by the owner and may be  stored off site for the life of the 
device, unless the inflatable device is transferred  to a new owner in accordance with 
520 CMR 5.09(2)(k). 
(e)   Maintenance Repair Log .  The certified inflatable mechanic or the mainten ance 
technician shall complete the maintenance repair lo g each time maintenance is performed on 
the inflatable device. The maintenance repair log s hall be signed by the certified inflatable 
device mechanic. The maintenance repair log shall i nclude: 
1.   The name of the inflatable device on which mai ntenance was performed; 
2/27/15 520 CMR - 34.27
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.09:   continued 
2.   The legible name of the person who performed t he maintenance and a copy of any 
licenses or certificates held by such persons; 
3.   Details of any repairs performed; 
4.   An attachment of other repair related records such as welded repairs and NDT 
including but not limited to the manufacturer’s aut horized procedure. 
(f)   Daily Inspection Log .
1.   The daily inspection shall be performed by the  ride operator for each day before 
allowing patrons on a large inflatable device for t he day.  The inspection log shall 
include: 
a.   The name of the device being inspected; 
b.   The legible name and signature of person compl eting the log; 
c.   The date of the inspection; 
d.   A detailed list and description of all items b eing checked. 
(g)   Itinerary .
1.   At least two business days prior to the first date of intended operation of a large 
inflatable device, the owner shall submit a complet e itinerary to the Department on the 
form provided by the Department for this purposes.  The itinerary shall: 
a.   Be in writing; 
b.   Identify the intended device by the USID numbe r; 
c.   Include scheduled rain date; 
d.   Include requested time and date of inspection;
e.   State the date the inflatable device is schedu led to arrive at the location; 
f.   State the date the inflatable device is schedu led to begin operation; 
g.   State the last date the inflatable device is s cheduled to be in operation at that 
location; and 
h.   State the specific locations of use including the municipality, street and street 
number or block and lot. 
i.   Fees .  The owner shall submit to the Department the fee  for inspection as 
established by the fee schedule set forth in 801 CM R 4.02:  Fees for Licenses, 
Permits, and Services to Be Charged by State Agenci es .
2.   Amendments to the itinerary. 
a.   The owner shall submit to the Department any a dditional dates and locations to 
the original itinerary at least two business days p rior to the first date of intended 
operation on a form provided by the Department for this purpose. 
b.   The owner shall submit any deletions to the or iginal itinerary to the Department 
as soon as the owner becomes aware of such deletion s. 
c.   The owner shall submit any substitutions for d evices previously identified in the 
itinerary to the Department as soon as the owner is  aware of the substitution.  All 
substituted devices must have a valid permit. 
3.   Owners shall not set up at a location unless t hey have submitted a proper itinerary for 
that location.  Owners shall not rely on or use iti neraries of other companies in order to 
set up at a location.  Each owner is responsible fo r submitting a proper and timely 
itinerary for its inflatable devices. 
(h)   Criminal History Inquiries .
1.   All Owners shall submit for the Department’s a pproval, a pre-employment criminal 
history inquiry procedure as a condition of their l icense.  At a minimum, the procedure 
shall include the following provisions: 
a.   The owner will conduct criminal history inquir ies of all individuals 18 years of 
age or older seeking employment for the positions o f certified maintenance mechanic, 
certified inflatable device mechanic, maintenance t echnician, ride operator, and 
operator assistant pursuant to M.G.L. c. 6, § 172(c ). 
b.   The owner will make all reasonable efforts to complete the inquiry prior to 
making an offer of employment for these positions. 
c.   The owner may offer provisional employment to an applicant not to exceed a 
period of 14 days, provided that the criminal histo ry inquiry has been initiated and 
that the provisional employees is at all times unde r the direct supervision of an 
employee for whom a criminal history inquiry has be en completed. 
d.   The owner will require that each applicant for  employment for these positions 
provides consent to a CORI inquiry on a form provid ed by the DCJIS as part of his 
or her application for employment. 
3/24/17 520 CMR - 34.28
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.09:   continued 
e.   The owner will inform the applicant that the C ORI may be utilized by the owner 
in the determination of suitability for employment.   The Department may periodically 
review the records of CORI inquiry requests made by  owners to ensure compliance 
with M.G.L. c. 6, §§ 168 through 175. 
f.   The signature of the owner or the owner’s desi gnee certifying the licensee’s intent 
to comply with the provisions included in the crimi nal history inquiry procedure 
submitted to the Department. 
2.   Owners may collect additional criminal offende r information on employees for these 
positions provided that such information is lawfull y obtained and that the procedure to 
collect such information is submitted to and approv ed by the Department prior to 
licensure of the owner. 
3.   Owners shall comply with all terms outlined in  procedures submitted to the 
Department pursuant to 520 CMR 5.09(2)(h)2. 
(i)    Ride Operators .
1.   The owner shall provide a ride operator for al l large inflatable devices and may 
provide ride operators for small inflatables. 
2.   Qualifications .
a.   The ride operator shall be 18 years of age or older. 
b.   The ride operator shall not operate any inflat able device while under the influence 
of drugs or alcohol. 
c.   The ride operator shall have a complete knowle dge of the operation of the 
inflatable device. 
3.   Training .  The owner shall properly train all ride operator s to operate the inflatable 
based on manufacturer requirements covered by the o perational manual and any 
supplemental safety bulletins, safety alerts or oth er notices related to operational 
requirements. 
4.   The owner shall ensure that each ride operator : 
a.   Has read and understood the manufacturer’s rec ommendations for the operation 
of the ride and, if applicable, any operations manu al provided by the owner; 
b.   Knows the safety-based limitations, including height, weight or other rider 
requirements regarding who may use the device; 
c.   Is knowledgeable on emergency procedures; 
d.   Staff operating belay systems for portable, fa bricated inflatable rock walls with 
a height in excess of 12 feet measured from the lan ding surface to the highest anchor, 
have been provided training as specified by the cli mbing wall manufacturer and\or 
belay system manufacturer.  The owner shall require  a certification signed by the 
belay operator indicating the ride name and level o f training.  This certification shall 
be kept on file by the owner for at least three yea rs. 
5.   Ride Operator Identification .  The operator of a large inflatable shall wear a tag 
identifying they have successfully completed the tr aining program for the large inflatable 
device they are operating.  Any such identification  shall include their full name, that they 
are 18 years of age or older, their photograph, and  the name of the device for which they 
are certified. 
6.   The owner shall ensure that a ride operator is  monitoring the structure and the 
activities within the structure anytime a patron is  entering, inside or exiting the structure. 
Such ride operator shall ensure that the number of patrons in the structure does not 
exceed the manufacturer’s recommendations.  To ensu re public safety, the ride operator 
shall reserve the exclusive right to limit the numb er of patrons in the device and to order 
patrons out of the inflatable device.  In the event  of deflation, or injury, the ride operator 
shall immediately order all patrons out of the infl atable device, and shall ensure that the 
appropriate medical attention is taken for those in jured. 
(j)   Serious Injury/Investigation .
1.   Notification .  Any serious injury or mechanical malfunction whi ch occurs on an 
inflatable device shall be reported to the followin g telephone number 508-820-1444 
within one hour of the serious injury or mechanical  malfunction or discovery of the 
serious injury or mechanical malfunction, except wh ere the inflatable device has been 
rented.  The inflatable device shall not be moved f rom the site of the serious injury until 
approval is granted by a state inspector.  The only  exceptions to 520 CMR 5.09(2)(j) is 
for preservation of life and property, the removal of injured persons or bodies, or to 
permit the flow of emergency vehicles.  The inflata ble device and area surrounding the 
device shall not be disturbed, cleaned, or altered in any way that will impede the 
investigation. 
3/24/17 520 CMR - 34.29
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.09:   continued 
2.   Investigation .  In the event that a serious injury occurs on an inflatable device, or any 
of its component systems, the inflatable device sha ll be immediately shut down and 
secured until a state inspector has completed an in vestigation.  No person shall move or 
alter the serious injury incident scene or the infl atable device, except to remove the 
victim(s), until the state inspector has determined  that the device is safe.  If a serious 
injury incident occurs on an inflatable device as t he result of the malfunction of the 
device or a serious injury results in major damage to the inflatable device or any of its 
component systems, a report shall be submitted to t he Department within 48 hours as 
required under M.G.L. c. 140, § 205A. 
(k)   Transfer of Ownership .  Upon the transfer of ownership of any inflatable  device, the 
owner of the device being transferred shall notify the Department in writing of the transfer, 
and shall transfer all records pertaining to that i nflatable device to the new owner.  The new 
owner shall obtain a new license and permit prior t o operating the inflatable device. 
(3)   Manufacturer Responsibility .
(a)   Scope .  520 CMR 5.09(3) establishes the responsibilities  of the manufacturer of 
inflatables for operation in the Commonwealth. 
(b)   All inflatables shall comply with the standar d set forth in ASTM  F-2374-10: Standard 
Practice for Design, Manufacture, Operation and Mai ntenance of Inflatable Amusement 
Devices .
(c)   Notification, Bulletins and Other Information  as Required by the Department .
1.   When the manufacturer is notified by an owner of an incident, whether in the 
Commonwealth or elsewhere, involving a serious inju ry or a critical structural or 
mechanical component of a ride, the manufacturer sh all promptly evaluate the 
information in that notification and, if necessary,  provide, in the form of a safety bulletin, 
the results of that evaluation, together with any r ecommendations to eliminate or prevent 
the situation that created the incident, to the Dep artment and to all known owners of the 
ride in the Commonwealth. 
2.   The manufacturer of a ride shall also provide to the Department and to all known 
owners of the ride in the Commonwealth: 
a.   All bulletins, and notifications on inflatable s; 
b.   Information as necessary for those inflatables  that have individual approval or 
supplemental modification certification based on th e manufacturer’s documentation 
supplied by the owner or responsible person; and 
c.   Other documents requested by the Department as  a result of an incident involving 
an inflatable device. 
(d)   Departmental Remedies for Non-compliant Manuf acturers .  The Department shall have 
the authority to prohibit the use of any inflatable  device in the Commonwealth until such 
time that the manufacturer has: 
1.   Submitted to the Department all safety bulleti ns issued on the inflatable, as well as 
all operational and maintenance manuals for the inf latable device; and 
2.   Complied with any orders imposed by the Depart ment in order to bring the inflatable 
device into compliance with 520 CMR 5.09. 
(4)   Inflatables for Rent .
(a)   Scope .  520 CMR 5.09(4) establishes additional responsib ilities of the owner who offers 
inflatable devices for rent in the Commonwealth. 
(b)   Inspection by State Inspector of Large Inflat ables for Rent .  Prior to the rental of any 
large inflatable device, the state inspector may in spect the general safety to ensure that they 
are in compliance with 520 CMR 5.09 at the location  of the set up. 
(c)   Inspection by State Inspector of Small Inflat ables for Rent .  Prior to the rental of any 
small inflatable device, the state inspector may in spect the general safety to ensure that they 
are in compliance with 520 CMR 5.09 at the owners d esignated location. 
1.   The general safety inspection for all inflatab le devices may include: 
a.   A review of all maintenance records; 
b.   A review of the daily operator logs; 
c.   A visual inspection of the device including: 
d.   Identification of the ride; 
e.   Inspection for adjacent hazards and interferen ces; 
f.   Inspection of the ride for obvious excessive w ear; 
3/24/17 520 CMR - 34.30
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.09:   continued 
g.   Review of the blower, motor, and cord; 
h.   Anchorage points and stakes and/or weights; 
i.   For portable, fabricated inflatable rock walls  with a height in excess of 12 feet 
measured from the landing surface to the highest an chor; the owner shall affirm that: 
i.   Anchor supports for the wall comply with manuf acturer specifications, 
EN12572 or CWA Engineering Specifications; 
ii.   Only automatic belay systems are used; 
iii.   Anchor supports for climbing wall meet the r equirements of the auto belay 
manufacturer; 
iv.   Integral base and guardrail systems are provi ded as required by the 
manufacturer; 
v.   Harnesses that conform to either the rock wall  manufacturer 
recommendations ASTM F1772, UIAA105, or EN12277 are  used by all patrons; 
vi.   Helmets that conform to either the rock wall manufacturer recommendations, 
EN12492 or UIAA106 or equivalent ASTM standards are  used by all patrons. 
2.   The state inspector shall document any issues of concern and immediately notify the 
owner, or his or her representative, of such concer ns.  Issues directly affecting the safety 
and integrity of the device shall be immediately ad dressed.  The state inspector shall not 
certify a device until the issues have been appropr iately abated.  Upon completion of the 
inspection, the state inspector shall provide the o wner, or his or her representative, with 
a written inspection report. 
(d)   Re-inspection .  If the device is not certified by the state insp ector, the owner may apply 
to the Department for re-inspection.  The Departmen t may charge a fee in accordance with 
the fee schedule set forth in 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be 
Charged by State Agencies .
(e)   Ride Operators .
1.   Small Inflatables .  Owners of small inflatable devices who choose to  rent the 
inflatable devices may provide a Ride Operator or O perator assistant and shall provide 
training and instruction to the individual who rent ed the device to ensure that each rented 
inflatable device is erected and anchored in accord ance with manufacturers’ 
specifications and shall document instruction has t aken place on a form furnished by the 
Department. 
2.   Large Inflatables .  Owners of large inflatable devices who choose to  rent the 
inflatable devices shall provide a Ride Operator to  operate the device.  The Ride Operator 
shall be properly trained to ensure that each rente d inflatable device is erected and 
anchored in accordance with manufacturers’ specific ations. 
(f)   Operating Instructions .  Owners of inflatable devices for rent shall prov ide renters with 
complete operating instructions.  Such instructions  shall include instructions for the 
attendant,  maximum capacity, safety guidelines for  those entering the structure, and shall 
include a list of the potential hazards involved in  renting this device, and instructions to 
minimize the potential for injury.  Such instructio ns shall also include the accident 
notification requirement as listed in 520 CMR 5.09( 2)(j). 
(g)   Serious Injury/Investigation .
1.   Notification .
a.   Large Inflatable .  The owner or attendant shall be responsible for notifying the 
following telephone number 508-820-1444 within one hour of any serious injury 
incident or the discovery of a serious injury incid ent on a large inflatable for rent. 
The owner or attendant shall be responsible for sec uring the device and shall be 
accessible to the Department and its state inspecto r.  The inflatable device shall not 
be moved from the site of the serious injury until approval is granted by a state 
inspector.  The only exceptions to this requirement  are for preservation of life and 
property, the removal of injured persons or bodies,  or to permit the flow of 
emergency vehicles.  The inflatable device and area  surrounding the inflatable device 
shall not be disturbed, cleaned, or altered in any way that will impede the 
investigation. 
3/24/17 520 CMR - 34.31
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.09:   continued 
b.   Small Inflatable .
i.   In the event of a serious injury incident on a  small inflatable device for rent, 
the individual renting the inflatable device shall be responsible for securing the 
device and shall be accessible to the Department an d its state inspector.  The 
inflatable device shall not be moved from the site of the serious injury until 
approval is granted by a state inspector.  The only  exceptions to this requirement 
is for preservation of life and property, the remov al of injured persons or bodies, 
or to permit the flow of traffic.  The inflatable d evice and area surrounding the 
inflatable device shall not be disturbed, cleaned, or altered in any way that will 
impede the investigation. 
ii.   The owner shall notify the Department as soon  as it becomes aware or should 
have been aware of such an incident. 
2.   Investigation .  The Department shall investigate all incidents p ursuant to 
M.G.L. c. 140, § 205A. 
In the event that a serious injury incident occurs on an inflatable device, or any of its 
component systems, the  inflatable device shall be immediately shut down and secured 
until a state inspector has completed an investigat ion.  No person shall move or alter the 
serious injury incident scene or the amusement devi ce, except to remove the victim(s), 
until the state inspector  has determined that the ride is safe.  If a serious injury incident 
occurs on an inflatable device as the result of the  malfunction of the device or a serious 
injury results in major damage to the inflatable de vice or any of its component systems, 
a report shall be submitted to the Department withi n 48 hours as required under 
M.G.L. c. 140, § 205A. 
5.10:   Trackless Trains or Similar Devices 
Operators must have a valid driver’s license and mu st be 18 years of age or older.  All new 
design criteria list in 520 CMR 5.10 shall apply to  devices constructed after March 18, 2005. 
(1)   Data Plate .  Each trackless train shall have prominently disp layed a manufacturer’s data 
plate.  Such plate shall include the maximum number  of cars the train or device can pull safely 
and maintain proper braking.  It shall also include  the maximum number of passengers, as well 
as the national tracking identification number. 
(2)   Design Grades .  Where designed for a specific terrain or road co nfiguration, that the power, 
traction and stability of the system shall provide adequate margins for safety.  The limiting 
characteristics of the system as designed shall be permanently marked in a prominent position 
within the cabin on the manufacturer’s data plate i f provided. 
(3)   Couplings and Safety Chains .  Towing mounts, hitches, balls and ball couplers shall be 
capable of towing the loads placed on them.  Safety  chains or ropes shall be installed in 
accordance  with the manufacturer’s specifications.
(4)   Brakes .  A trackless train or similar device shall be fit ted with the following minimum 
braking requirements: 
(a)   Travel Brake .  Prime movers shall be fitted with a travel brake  system capable of 
stopping the fully loaded towed train under all des igned conditions. 
(b)   Parking Brake .  Prime movers shall be fitted with an additional braking system capable 
of holding the fully loaded train stationary.  A co mbination travel/parking brake may be used 
only with the prior approval of the Department and for devices carrying less than eight 
patrons. 
(5)   Steering .  The carriage steering configuration shall provid e stability under all conditions of 
operation, and the turning circles of the prime mov er and carriages shall be compatible and 
suitable for the application of the train. 
(6)   Drawbar Capacity .  The capacity and configuration of the drawbar sh all be consistent with 
the designer’s or manufacturer’s recommendation for  the number of carriages to be towed in any 
particular application. 
3/24/17 520 CMR - 34.32
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.10:   continued 
(7)   Center of Gravity .  The center of gravity of any carriage should be as close to the operating 
surface as possible, and information regarding the maximum allowable sideways inclination 
should be displayed within the cabin. 
(8)   Use of Spring Suspension .  Spring suspension shall not be used without some  shock 
absorbing and movement limiting devices. 
(9)   Additional Safety Features .  Wheels should not protrude beyond the sides of t he carriages 
and the gaps between carriages should be fitted wit h safety screens to prevent access between 
carriages and across the drawbar.  These additional  safety features are to ensure that there are no 
accessible pinch points or hazards that could catch  a patron’s clothing or long hair. 
(10)   Other Traffic .  Where the train or similar device is operated wi th other vehicle traffic 
present, doors shall be fitted with catches which a re operable only from the outside of the 
carriages.  If trains or similar devices are operat ed on open public roads, they shall be fitted with 
vehicle and trailer signal systems.  Where trains o r similar devices are operated with other foot 
traffic, the operator shall drive the device in a m anner that does not present a safety hazard to 
pedestrians.  Operators driving recklessly shall ha ve their permit to operate immediately revoked 
and shall not be re-issued a permit until a Departm ent hearing has taken place and the appropriate 
action has been taken to ensure rider and pedestria n safety. 
5.11:   Go-karts and Facilities 
(1)   Karts and Kart Tracks .
(a)   The following requirements are for karts powe red by either battery or internal 
combustion and driven on permanently installed indo or or outdoor tracks. 
(b)   Karts .  Karts shall be constructed mainly of non-combust ible material with sufficient 
strength to sustain the weight of patrons and to wi thstand stress induced by normal operation, 
collision with other karts or collision with any pa rt of the surrounding structure.  The center 
of gravity of the kart shall be as low as possible to minimize the possibility of a roll-over. 
The component parts of a kart shall comply with the  following requirements: 
1.   Guarding .  Guarding shall be provided to prevent wheels fro m riding up or becoming 
enmeshed with the wheels or protrusions of other ka rts.  Guarding shall also be provided 
to prevent patrons or track attendants contacting a ny hot or moving parts. 
2.   Roll-over .  Roll-over protection shall be provided to protec t patrons in the event of 
a roll-over, unless a documented hazard identificat ion and risk assessment has been 
carried out by a competent person, and demonstrates  that such a requirement to be 
unnecessary. 
3.   Headrests .  Headrests shall be provided to protect patrons i n the event of a rear-end 
collision, unless a documented hazard identificatio n and risk assessment has been carried 
out by a competent person, and demonstrates that su ch a requirement to be unnecessary. 
4.   Kart Protection .  Effective protection shall be provided to preven t the engine surfaces, 
transmission, fuel tank and exhaust system from com ing into contact with the track or its 
surroundings in the event of a roll-over or collisi on. 
5.   Steering Wheels .  Steering wheels shall be oval or round in shape and shall be 
sufficiently padded. 
6.   Steering Column Support .  Where used, a steering column support shall be p ositioned 
to avoid contact by the patron in the event of a co llision. 
7.   Steering Limits .  Steering shall be limited in accordance with the  design 
specifications for the steering gear. 
8.   Seats .  Seats shall be constructed so that they retain p atrons in place under normal 
driving and turning conditions. 
9.   Dual-occupancy Karts .  Where a kart is designed to carry two patrons, a dequate hand 
and foot rests shall be provided for the second pat ron. 
10.   Seat Belts .  Seat belts of the lap/sash type configuration sh all be fitted to all karts. 
11.   Brakes .  Brakes which operate effectively to bring the ka rt to a stop in a safe manner 
and within a safe distance shall be provided. 
3/24/17 520 CMR - 34.33
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.11:   continued 
12.   Fuel Tanks .  Fuel tanks shall be fitted with filler caps desi gned to eliminate any 
possibility of fuel leakage under any condition of operation or if overturned.  The 
material used in the construction of the fuel tank and associated fittings shall be suitable 
for the intended function.  The material shall be c hemically resistant to and compatible 
with all commercial grades of fuel, including addit ives normally encountered.  The 
material shall also be suitable for the environment al and operational conditions to which 
the fuel tank may be exposed. 
13.   Speed Limit .  The maximum attainable speed by any kart shall n ot exceed that 
which has been determined by a documented hazard id entification and risk assessment 
performed by a competent person. 
14.   Vehicle Identification .  Each kart shall be marked in accordance with 520  CMR 
5.00. 
(c)   Kart Tracks .  The design and manufacture of kart tracks shall comply with the 
following: 
1.   Track Design .  The track shall be designed and delineated in su ch a way as to prevent 
any kart from leaving one portion of the track and entering another portion of the track 
unless via a designated track route. 
2.   Track Surface .  The surface of the track shall provide consisten t traction 
characteristics throughout its entire length. 
3.   Track Width .  The width of the track should be sufficient to a llow a kart to pass two 
other karts laid end to end across the track. 
4.   Barriers .  Barriers which are capable of stopping a kart tr aveling at full speed in a 
manner so as to protect patrons against injury shal l be installed around the entire length 
of the track, unless run-off areas are sufficient s ize are provided to bring a kart to a halt 
in a safe manner.  Barriers shall be fire resistant  and constructed such that the karts 
cannot climb up the sides of the barrier.  Barriers  shall be installed to prevent any kart 
entering spectator areas and inside areas of the tr ack where operating staff are stationed. 
Barriers shall be in a condition that would not cre ate a hazard or enable a patron to injure 
themselves if they came in contact with the barrier . 
5.   Fencing .  Fencing shall be provided around the parameter o f the track at a sufficient 
distance to prevent a barrier from striking the fen ce should a kart strike a barrier.  Any 
area containing persons other than operating staff or patrons shall be enclosed by fencing 
not less than three feet in height, similarly locat ed behind a barrier. 
6.   Loading/Unloading Area .  An areas separated from the track shall be provi ded for the 
loading and unloading of patrons.  This area should  be arranged to prevent unauthorized 
entry. 
7.   Fuel Storage .  An area separate from the track and loading/unlo ading area shall be 
provided for fuel storage. 
8.   Ventilation .  Ventilation that complies with 780 CMR:  Massachusetts State Building 
Code  shall be provided during the operation of indoor k art facilities. 
9.   Lighting .  The track and surrounding area shall be sufficie ntly illuminated as to allow 
the supervision of the track, provide adequate visi bility and to enable patrons to safely 
negotiate the course.  Light and fittings shall be erected clear of any item with which a 
kart may collide. 
5.12:   Concession Racing Karts and Facilities 
520 CMR 5.12 applies to the design, manufacture and  operation of concession karts and their 
associated operating facilities where qualified dri vers (driver) can take part on concession kart 
racing and/or lapping sessions. 
520 CMR 5.12 does not apply to vehicles specificall y offered for use by the General Public 
to replicate competitive motor sports in an amuseme nt facility setting (concession go-karts), 
sanctioned racing or racing schools (race karts) or  used for general purpose by private owners 
(fun karts). 
Significance and Use .  520 CMR 5.12 is intended to delineate informatio n for the design, 
manufacture and operation of concession racing kart s and related track facilities. 
3/24/17 520 CMR - 34.34
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.12:   continued 
(1)   Definitions .
Barrier System .  A device installed on the concession racing kart  track which defines the 
boundaries of the track and/or run-off areas and wh ose primary purpose is to contain the vehicles 
within pre-determined boundaries. 
Concession Go-kart .  A motorized vehicle with four wheels that is dri ver controlled with respect 
to acceleration, speed, braking and steering.  This  vehicle operates within the containment system 
of a defined track and is intended to simulate comp etitive motor sports for members of the 
general public for a fee.  A concession go-kart has  a maximum capacity of two persons and no 
cargo capacity. 
Concession Racing Kart .  A motorized vehicle with four non-aligned wheels  in contact with the 
ground, two of which control the steering while the  other two transmit the power.  A concession 
racing kart is a vehicle, with or without bodywork,  controlled by the driver with respect to 
acceleration, speed, braking and steering.  Concess ion racing karts are classified by speed and 
are driven and/or raced on tracks.  Speeds for Clas s One and Class Two concession racing karts 
shall not exceed 35 mph and 55 mph respectively.  S peed qualification of concession racing karts 
shall be based upon speed measured on a flat and le vel track surface. 
Concession Racing Kart Track Staff .  Staff required to operate a concession racing ka rt facility. 
Duties include, but are not limited to, registering  and briefing drivers, assisting drivers in and out
of karts and managing all track operations. 
Discussion .  Specifically excludes similar devices that are i ntended for use in an amusement 
facility setting (concession go-karts), race school s or sanctioned racing (racing karts), devices 
such as electronically or rail guarded amusement ri des and bumper cars or other similar 
amusement devices that operate under circumstances where there is no defined direction of 
travel. 
Driver .  The person who manipulates and controls the dire ction of travel, braking and speed of 
a concession racing kart. 
In order to drive a Class One concession racing kar t, the driver shall have either attended a 
class and taken and passed a practical test to esta blish his or her competency or be 18 years of 
age or older and hold a valid internationally recog nized drivers’ license. 
In order to drive a Class Two concession racing kar t, the driver shall either hold an applicable 
valid competition license from a recognized motor s port sanctioning body, have taken part in a
minimum of six competition events in a Class One co ncession racing kart or have attended a 
class and taken and passed a practical test. 
In all cases the driver (and his or her parent/lega l guardian if the driver is 18 years old) shall 
sign a full release and waiver of liability and ack nowledgement that he or she are taking part in 
competitive motor sports and understands the risk o f possible injury and/or death. 
Fun Kart .  A motorized vehicle with four wheels, sold comme rcially as consumer goods and 
intended for private personal recreational use by t he consumers for off-road use on suitable 
terrain, as recommended by the manufacturer. 
Lapping Session .  Any laps driven at a concession racing kart faci lity in either a race or practice 
session. 
Pit .  A defined area for the purpose of drivers gettin g in and out of the vehicles at the beginning, 
during or end of any lapping session and where refu eling of concession racing karts may take 
place. 
Race Kart .  A motorized vehicle with four wheels designed fo r use in either Sanctioned Racing 
on tracks, streets, or other areas of competition o r in a Racing School facility.  Racing Karts are 
defined and classified by recognized motor sports s anctioning bodies, such as FIA, CIK, WKA, 
IKF, MSA, SCCA, etc .  Anyone operating such vehicles shall comply with  the requirements for 
safety equipment as mandated by the Sanctioning bod y. 
3/24/17 520 CMR - 34.34.1
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.520 CMR:   DEPARTMENT OF PUBLIC SAFETY 
5.12:   continued 
Track .  A defined path for the operation of concession r acing karts that has either a concrete or 
asphalt surface. 
Significance and Use .  520 CMR 5.12 is intended to delineate informatio n for the design, 
manufacture and operation of concession racing kart s and related track facilities. 
(2)   Concession Race Kart and Safety Equipment Spe cification .
(a)   Chassis .
1.   Concession racing karts shall be of an adequat ely strong construction and shall 
present no undue hazard to its driver or other driv er.  In particular, steering, brakes, and 
wheels shall be adequate for speeds that are likely  to be attained. 
2.   The concession racing kart chassis shall be co nstructed from magnetic steel tubing. 
Cross section is free.  It shall be of one-piece co nstruction either welded or brazed. 
3/24/17 520 CMR - 34.34.2
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.