Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.09 - Inflatable Devices

Current through Register 1525, July 5, 2024
(1)
General Administrative Procedures
.
(a)
Scope
. 520 CMR 5.09(1) establishes general administrative provisions including license and permit issuance, fees, and inspections for inflatable devices.
(b)
Issuance of Annual License and Permits Denials; Appeals
.
1. No person shall manufacture or sell for use in the Commonwealth, operate, arrange for, or cause to be used, any inflatable device that 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 Department;
b. Required fees 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
;
c. Certified Inspector Report (except for small inflatables);
d. Certificate of insurance demonstrating compliance with M.G.L. c. 140, § 205A, and 520 CMR 5.09.
e. A list of the ride operators trained in conformance with the manufacturer's specifications and certified by the owner. Such list 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 portable, fabricated inflatable rock walls with a height in excess of 12 feet measured from the landing surface to the highest anchor, who 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 of training. This certification shall be kept on file by the owner for at least three years.
g. A list of Certified Inflatable Device Mechanics 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 Information (CORI) Request Form.
i. A Pre-employment criminal history inquiry procedure 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 anchor; the owner shall affirm that:
i. Anchor supports for the wall comply with manufacturer specifications, EN12572 or CWA Engineering Specifications;
ii. Only automatic belay systems are used;
iii. Anchor supports for climbing wall meet the requirements of the auto belay manufacturer;
iv. Integral base and guardrail systems are provided 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 patrons;
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 Department. An annual license shall be valid for a period of one year or until the expiration of the insurance certificate, whichever occurs sooner.
4. Licensure shall be conditioned upon the completion 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 with the Department's guidelines for evaluating CORI reports.
5. Upon approval, the Department shall issue a license 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 designated 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 to an applicant based on the following grounds:
a. Submittal of an incomplete application or submittal of an application on a form not authorized by the Department;
b. Failure to submit a Pre-employment criminal history 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 is under investigation by the Department or other law enforcement agency in connection with the operation of inflatable devices;
g. If the Commissioner finds that the applicant does not possess the integrity and general fitness to operate amusement devices in a safe 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 21 days of receipt of the denial, the applicant may make written demand upon the Commissioner for a hearing before the Commissioner or his or her designee to determine the reasonableness 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
.
9. If, after a hearing, the Commissioner denies the 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 such 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 inflatable 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 State Agencies
.
(d)
Insurance Requirements
.
1.
Large Inflatables
. The owner of a large inflatable device shall furnish proof of financial responsibility to satisfy claims for damages 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 per 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 furnish proof of financial responsibility to satisfy claims for damages 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 per 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 written on an occurrence form.
(e)
State Identification Numbers
.
1. Each inflatable device shall be identified using a number issued by the Department and marked on each device.
2. When an inflatable device is approved, the Department shall assign an annual permit number to each device which shall be kept by the Department 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 Departmental 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 officers fire officials or inspector(s) of the Department to the grounds and devices covered by 520 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 manufacturer. All manufacturer recommendations pertaining to specialized testing and inspection procedures shall be followed.
2.
Inspection by the Certified Inspector
.
a. All large inflatable devices shall be inspected by a certified inspector prior to being allowed to operate in the Commonwealth. Small inflatables are not required to be inspected by a certified inspector prior to operation.
b. The certified inspector shall ensure that the manufacturer's specifications and recommendations as they pertain to parts to be disassembled, inspected, and replaced are followed.
c. The certified inspector shall review all maintenance records for the inflatable device from the previous year and ensure that all pertinent 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 anchor; the inspector shall confirm that:
i. Anchor supports for the wall comply with manufacturer specifications, EN12572 or CWA Engineering Specifications;
ii. Only automatic belay systems are used;
iii. Anchor supports for climbing wall meet the requirements of the auto belay manufacturer;
iv. Integral base and guardrail systems are provided 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 wall manufacturer recommendations, EN12492 or UIAA106 or equivalent ASTM standards.
e. The certified inspector will document, both in report form and photographs, any unusual issue that may be discovered. The inspector shall notify the owner and shall not certify the inflatable device until the issues are abated.
f. Upon completion of the inspection, the certified inspector shall document any and all findings that require attention as per the manufacturer, as well as any areas that are of concern to the certified inspector for further observation.
g. The certified inspector shall review all maintenance documentation concerning device repairs, all modifications and standard upkeep for the previous year. The certified inspector shall document any issues of concern and notify the owner of such concerns. Issues directly affecting the safety and integrity of the device shall be immediately addressed. The certified inspector shall 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 from 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 inspector; and
v. State the name and Massachusetts Certificate of 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 brought in to the Commonwealth for the first time. The acceptance inspection shall be performed by either the certified inspector or the manufacturer's representative. The acceptance inspection shall include the following:
a. A review of the operator training records and owner certification;
b. A review of the certification that the manufacturer has tested the device in accordance with applicable ASTM standards and determined 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 owner 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 certified inspector in accordance with the requirements of 520 CMR 5.09(1)(g)2. before the ride may operate. Such inspections shall be documented and submitted to the Department using the "New Ride Acceptance Form".
(i)
Inspections by the State Inspector
.
1.
a.
Small Inflatables
. All small inflatable devices may be inspected by a state inspector at any time during the season as deemed necessary 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 schedule set forth in 801 CMR 4.02:
Fees for Licenses, Permits, and Services to Be Charged 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 large 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 inflatable 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 interferences;
f. Inspection of the ride for obvious excessive wear;
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 anchor; the inspector shall confirm that:
i. Anchor supports for the wall comply with manufacturer specifications, EN12572 or CWA Engineering Specifications;
ii. Only automatic belay systems are used;
iii. Anchor supports for climbing wall meet the requirements of the auto belay manufacturer;
iv. Integral base and guardrail systems are provided 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 wall manufacturer recommendations, EN12492 or UIAA106 or equivalent ASTM standards.
3. The state inspector shall document any issues of concern and immediately notify the owner, or his representative, of such concerns. Issues directly affecting the safety and integrity of the device shall be immediately addressed. Upon completion of the inspection, the state inspector shall provide the owner, or his representative, with a written inspection report.
4. If a ride is not certified at the time of inspection, the state inspector performing the inspection shall state on the Amusement Device Checklist whether a re-inspection is required after the violation has been resolved.
5.
Re-inspection
. Where a ride is not certified for operation at the 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-inspection 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 inflatable 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 inspection. The inflatable device shall not operate until all violations have been resolved to the satisfaction of the Commissioner or his or her designee.
c. Personnel shall be available to operate all inflatable devices during the state inspection.
8.
Variance
.
a. If the owner or manufacturer believes that full 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 Department, and shall be signed by the applicant.
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 file a request for an adjudicatory hearing with the Department within 30 days of receipt of the decision. All adjudicatory hearings shall be held in accordance with 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 appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.
(j)
Certified Inflatable Device Mechanic State Certification
. 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 mechanic through an examination administered by the Department, except that an individual who holds 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 continue in force until the date of birth of the holder occurring more than 12 months but not more than 24 months after the effective date of such certificate unless suspended or revoked 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 odd 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 29th shall, for the purposes of 520 CMR 5.09(1)(j), expire on March 1st.
Certificate Extension - Military Service
. If the certificate holder is on active duty with the armed forces of the United States, as defined in M.G.L. c. 4, § 7, clause forty-third, the certificate shall remain valid until the certificate holder is released from active duty and for a period of not less than 90 days following that release. For 520 CMR 5.09(1)(j) to apply, the certificate holder must be given an Honorable Discharge, a General Discharge, or an Under Other than Honorable Conditions (UOTHC) Discharge, as noted on their discharge and separation papers.