Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.15 - Climbing Wall Facilities

Current through Register 1525, July 5, 2024
(1)
General Administrative Provisions
.
(a)
Scope
. 520 CMR 5.15(1) establishes general administrative provisions including license and permit issuance, fees, and inspections for business entities operating Climbing Wall Facilities. 520 CMR 5.15 shall apply to Climbing Wall Facilities that utilize belay systems for fall protection in their normal operation. 520 CMR 5.15 shall not apply to structures or devices otherwise covered in 520 CMR 5.00.
(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 Artificial climbing structure that is not in compliance with 520 CMR 5.15.
2.Prior to any 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.An inspection report by a certified inspector;
d.Certificate of insurance demonstrating compliance with M.G.L. c. 140, § 205A, and 520 CMR 5.15(1)(d);
e.The name(s) of the Climbing Wall Facility Manager or Managers;
f.A list of the Climbing Wall Facility Staff, trained in compliance with the specifications of the original equipment manufacturer;
g.A completed Criminal Offender Record Information (CORI) Request Form for the owner;
h.A criminal history inquiry procedure in accordance with 520 CMR 5.15(2)(i)2.;
i. The name and qualifications of the Qualified Manufacturer Representative (where applicable for acceptance inspections);
j.Floor Plan(s) numbered sequentially beginning with element number 01; and
k. Annual attestation of personnel training.
3.The owner shall apply for an annual license for each climbing wall facility 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 provided that insurance coverage is continuous, or until the expiration of the insurance certificate if insurance coverage is not continuous.
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 a Climbing Wall Facility in the Commonwealth and permits for all Artificial Climbing Structures identified in the site plan submitted with the application. The Department shall assign each climbing wall facility a designated number.
6.No Climbing Wall Facility shall be operated without a valid annual license.
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 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 Climbing Wall Facilities;
g.If the Commissioner finds that the applicant does not possess the integrity and general fitness to operate Climbing Wall Facilities in a responsible 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 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 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 the Climbing Wall Facility or Facilities listed in the application in accordance with the fee schedule as set forth in 801 CMR 4.02.
(d)
Insurance Requirements
.
1.The owner of a Climbing Wall Facility shall furnish proof that all individual artificial climbing structures that comprise the Climbing Wall Facility 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 Climbing Wall Facility. 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 Climbing Wall Facility.
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.
(e)
State Identification Numbers
.
1.Each Climbing Wall Facility shall be identified using a number issued by the Department and posted in each facility.
2.When a Climbing Wall Facility is approved, the Department shall assign a USID number to each Climbing Wall Facility to identify to the public that the facility conforms to the requirements for licensing.
3.New Climbing Wall Facilities 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 Climbing Wall Facility's USID number shall be visibly displayed at the facility.
(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 facilities covered by 520 CMR 5.15 in the performance of their duties.
(g)
Inspections
. All climbing wall facilities shall be inspected annually by a certified inspector.
1.The inspection shall include all components and procedures specified by the manufacturer of the artificial climbing structure and shall conform to manufacturer specifications.
2.
Inspection by the Certified Inspector
.
a.All fixed ACS shall be inspected by a certified inspector prior to being allowed to operate in the Commonwealth.
b.All automatic belay devices shall be inspected by a certified inspector annually. The inspection shall include all components and procedures specified by the manufacturer or per manufacturer's specifications and verified as inspected by the Qualified Manufacturer's Representative.
c.The certified inspector shall review all pertinent manufacturer bulletins and/or technical notices and will note in the inspection report if required manufacturer specified repairs, modifications, or maintenance requirements have not been met.
d.The certified inspector shall review the record of all periodic inspections, maintenance, and repairs for the previous year including the Maintenance Repair Log and Daily Equipment Inspection Log to ensure that all routine inspections, maintenance, and repairs have been performed.
e.The certified inspector shall review the operations manual to ensure that minimally acceptable operational standards, policies, and procedures, are in place. Standards of operation, policies, and procedures shall be in accordance with 520 CMR 5.15 or equivalent standards, as approved by the Commissioner.
f.The certified inspector will document, both in report form and photographs, any unusual issue that may be discovered and shall notify the owner of the issue immediately.
g.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 or in need of further observation. This information shall be presented in a report to the owner.
h.Issues directly affecting the safety and integrity of the artificial climbing structure shall be corrected promptly. The certified inspector shall not allow any fixed artificial climbing structure, or component of the artificial climbing structure, to pass inspection until the issues are abated or resolved.
i.The owner shall submit the Certified Inspector's report to the Department along with a completed
Climbing Wall Inspection Summary
form provided by the Department. This form shall:
i.Identify items found to be out of compliance that could not be appropriately abated or resolved on site;
ii.Document a review of the following records:
(i) Daily Equipment Inspection Logs;
(ii) Staff Training Plan; and
(iii) the Climbing Wall Operating Manual.
iii. Identify any further corrective actions that may be required;
iv.Include the date of inspection, name of inspector, 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 fixed ACS which are built in the Commonwealth for the first time. The acceptance inspection shall be performed by a certified inspector, or a qualified manufacturer's representative. The inspection shall be performed in accordance with the requirements of 520 CMR 5.15(1)(g)2. before the fixed artificial climbing structure may operate.
(i)
Inspections by the State Inspector
.
1.All fixed artificial climbing structures, and associated equipment, 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.
2.The general safety inspection for all fixed artificial climbing structures shall include:
a.A review of any maintenance records;
b.A review of Daily Equipment Inspection Logs;
c.A review of the Staff Training Plan;
d.A review of the Climbing Wall Operating Manual;
e.A visual inspection of the fixed artificial climbing structure;
f.A visual inspection of anchor points and belay systems;
g.A visual inspection of climbing equipment; and
h.A visual inspection for obvious signs of damage, or excessive wear.
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 fixed artificial climbing structure 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 an artificial climbing structure, component of an artificial climbing structure or associated equipment is not certified at the time of inspection, the state inspector performing the inspection shall state on the inspection report whether a re-inspection is required after the violation has been resolved.
4.The Department may charge a fee for re-inspection in accordance with the fee schedule set forth in 801 CMR 4.02.
5.
Preparation for State Inspection
.
a.The owner shall ensure that the fixed artificial climbing structure is available for the state inspection at the scheduled time. If the fixed artificial climbing structure is not available at the scheduled time, it shall be deemed to have failed the inspection.
b.The owner or the owner's designee shall be available to the State Inspector during the inspection.
6.
Variance
.
a.If the owner or manufacturer believes that full compliance with 520 CMR 5.15 is overly burdensome, the owner or manufacturer may apply to the Commissioner for a variance from 520 CMR 5.15. 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 5.15. 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 or her designee may:
i.Grant the application with whatever conditions are deemed appropriate; or
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 an adjudicatory hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.