Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.14 - Challenge Courses

Current through Register 1525, July 5, 2024
(1)
General Administrative Procedures
.
(a)
Scope
. 520 CMR 5.14 establishes the general administrative provisions including license and permit issuance, fees, and inspections for Challenge Courses. 520 CMR 5.14 applies to Challenge Courses not located in amusement parks or carnivals. 520 CMR 5.14 does not apply to Challenge Courses having only low elements.
(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 Challenge Course that is not in compliance with 520 CMR 5.14.
2. Prior to any Challenge Course 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 of Licenses, Permits, and Services to Be Charged by State Agencies;
c. Certified Inspector's report(s);
d. Certificate of insurance demonstrating compliance with M.G.L. 140, § 205A, and 520 CMR 5.14(1)(d);
e. The name of the designated Challenge Course Manager;
f. A list of the Challenge Course Staff trained in compliance with the specifications of the Qualified Challenge Course Professional;
g. The Staff Training Plan;
h. A completed Criminal Offender Record Information (CORI) Request Form;
i. A pre-employment criminal history inquiry procedure in accordance with 520 CMR 5.14(2)(h);
j. Name and qualifications of the Qualified Challenge Course Professional;
k. Attestation of annual personnel training; and
l. Site plan(s) numbered sequentially beginning with element number 01.
3. The owner shall apply for the annual license(s) to operate each Challenge Course(s) at least ten days prior to commencing operations or expiration of the annual license(s) on a form supplied by the Department.
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. The Department shall assign a state identification number for each Challenge Course.
6. No Challenge Course Element shall be operated without a valid annual license issued to the individual Challenge Course.
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 Challenge Course elements.
(g) If the Commissioner finds that the applicant does not possess the integrity and general fitness to operate Challenge Course elements in a safe manner and in the 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 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.
9. If, after a hearing, the Commissioner denies the issuance of the license, he shall notify the applicant in writing. Such notice shall be sent by certified 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)
Insurance Requirements
.
1. The owner of a Challenge Course shall furnish proof that all individual elements that comprise the Challenge Course are insured and shall further furnish proof of financial responsibility to satisfy claims for damages on account of any physical injury or property damage suffered by any person during the authorized use of the Challenge Course. Proof of financial responsibility shall be furnished by way of commercial general liability insurance, or, in the case of self-insured entities, the pecuniary equivalent as approved by the Commissioner. Owners shall indicate coverage, in the minimum amount of $1,000,000 per occurrence limit with a $2,000,000 general aggregate limit, or the statutory limit, written on an occurrence form, a bond, or other substantially equivalent proof approved by the Commissioner.
2. 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 or other substantially equivalent proof approved by the Commissioner, not later than ten days prior to the operation of the Challenge Course.
a. Certified inspectors shall notify the Department within 14 days of changes in general liability insurance coverage, including but not limited to cancellation of the policy for which proof was previously provided to the Department.
b. Certified inspectors shall provide proof of insurance to the Department upon obtaining general liability coverage that varies in any way from the proof originally provided to the Department for initial certification. Reasons for providing proof of new insurance may include but shall not be limited to relocation and new employment.
(d)
State Identification Numbers
.
1. Each Challenge Course shall be identified using a number issued by the Department and posted on each course.
2. When a Challenge Course is approved, the Department shall assign a USID number to each course to identify to the public that the challenge course conforms to the requirements for licensing.
3. New Challenge Courses that do not have a Department-issued number shall receive such number upon application for the annual license along with other documentation required by 520 CMR 5.00.
4. The Challenge Course USID number shall be visibly displayed at the site of the course.
(e)
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, elements and structures covered by 520 CMR 5.14 in the performance of their duties.
(f)
Inspection by the Certified Inspector
.
1.
Inspection by the Certified Inspector
.
a. All Challenge Course elements and equipment shall be inspected by a Certified Inspector in accordance with the ACCT Standards or equivalent standards as approved by the Commissioner prior to being allowed to operate in the Commonwealth.
b. The Certified Inspector shall examine maintenance records for the elements from the previous year and ensure that all required corrective actions and manufacturer specified repairs, modifications, and upkeep requirements have been implemented.
c. The Certified Inspector shall examine the Local Operating Procedures to verify that they are based upon the
Qualified Challenge Course Professional's Standard Operating Procedures
and are in compliance with
ACCT Standards
8th Edition or equivalent standards as approved by the Commissioner.
d. Upon completion of the inspection, the Certified Inspector shall document any and all findings that require attention, as well as any areas that are of concern for further observation. This information shall be presented in a report to the owner in accordance with the
ACCT Challenge Course Inspection Standards
or equivalent standards as approved by the Commissioner.
e. Issues directly affecting the safety and integrity of the element or equipment shall be appropriately corrected before the element or equipment is certified by the Certified Inspector.
f. The owner shall submit the Certified Inspector's report to the Department along with a completed
Challenge Course Inspection Summary
form provided by the Department. This form shall:
i. Identify items found to be out of compliance;
ii. Document a review of the following records:
a. Specialty inspection reports;
b. Maintenance Repair Logs;
c. Staff Training Plan; and
d. Daily Equipment Inspection Logs;
iii. Identify corrective action requirements, if any; and
iv. State the name and the Massachusetts Certificate of Competency License Number of the certified inspector, printed legibly.
(g)
Acceptance Inspection by the Certified Inspector
. An acceptance inspection shall be performed by a Certified Inspector on all newly installed Challenge Course elements in the Commonwealth. The acceptance inspection shall be done in accordance with the requirements of 520 CMR 5.14(1)(h)1. before the element may be operated.
(h)
Inspection by the State Inspector
.
1. All Challenge Course elements or the equipment associated with such devices may be inspected by a State Inspector. The Department may charge a fee for inspections in accordance with the fee schedule set forth in 801 CMR 4.02:
Fees of Licenses, Permits, and Services to Be Charged by State Agencies.
2. A general inspection by the State Inspector of all Challenge Course elements, Artificial Climbing Structures, and equipment may include the following:
a. A review of the maintenance records for the past 30 days, including Maintenance Repair Logs;
b. A review of the Daily Equipment Inspection Logs;
c. A review of the operator Challenge Course Staff training records and Staff identifications;
d. A visual inspection of the device or structure; and
e. A review of the Certified Inspector's report.
3. The state inspector shall document any issues of concern and immediately notify the owner, or his or her 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 or her representative, with a written inspection report. If any Challenge Course element or associated equipment 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.
4.
Re-inspection
. Where an element or any associated equipment 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
5. 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.
6.
Preparation for State Inspection
.
a. The owner shall ensure that the Challenge Course element and associated equipment is ready for the state inspection at the scheduled time.
b. If the Challenge Course element and associated equipment is not available at the time of the scheduled state inspection, it shall be deemed to have failed the inspection.
c. The owner, or his or her designee shall be available to the State Inspector during the inspection.
7.
Variance
.
a. If the owner believes that full compliance with 520 CMR 5.14 is overly burdensome, they may apply to the Commissioner for a variance from 520 CMR 5.14. 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 5.14. 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.
c. 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. 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.