reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 5.00 - Standards of Skill for Special State Police Officers › Section 5.06 - In-service Training Standards

Current through Register 1525, July 5, 2024
In order to maintain a current and valid appointment, all special state police officers, regardless of initial appointment date, shall successfully complete an annual program of in-service training approved by the Colonel.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 5.00 - Standards of Skill for Special State Police Officers › Section 5.07 - Warrant Service and Felony Notification Procedures

Current through Register 1525, July 5, 2024
(1)
Arrest and Search Warrant Procedures
.
(a) Any special state police officer seeking a search or arrest warrant from a court of competent jurisdiction to be served at a location not within the statutory jurisdictional boundaries of the employing agency, shall notify the Department's Troop Commander, or his or her designee, in the County where the warrant will be served, prior to service of the warrant.
(b) A special state police officer serving an arrest or search warrant, at a location not within the statutory jurisdictional boundaries of the employing agency, shall be accompanied by a sworn member of the Department, or if authorized by the Troop Commander, or his or her designee, a sworn member of a local police department of competent jurisdiction. In no case shall an arrest or search warrant be served by a special state police officer of any agency, at a location not within the agency's jurisdictional boundaries, without a sworn member of the Department or a sworn member of a local police department present at time and place of service, excepting instances of articulable exigent circumstances.
(c) A qualified officer of each agency noted in M.G.L. c. 22C, §§ 56 through 68, shall report the following information monthly to the Department for each warrant issued. Type of warrant, warrant number, reason for issuance, authorizing Court, names of arrestees, locations of buildings, dwellings or vehicles searched and identity of the sworn member of the Department or local police department present at time of warrant service. Only those search and/or arrest warrants which agencies have applied for at courts of competent jurisdiction by submission of affidavits or sworn statements are required to be reported in this manner.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 5.00 - Standards of Skill for Special State Police Officers › Section 5.08 - Penalties

Current through Register 1525, July 5, 2024
A violation of the terms and/or provisions of 515 CMR 5.00 may result in the denial, suspension, revocation, or non-renewal of the violator's special state police license.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 6.00 - Law Enforcement Officers Safety Act Qualification Standards And Instructor Certification › Section 6.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 515 CMR 6.00 is to provide rules and regulations governing the certification of qualified retired law enforcement officers and instructors for the purpose of complying with the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. §
									926C, amended by Pub. L. No. 111-272 (2010).
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 6.00 - Law Enforcement Officers Safety Act Qualification Standards And Instructor Certification › Section 6.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				515 CMR 6.00:
Colonel
. The Colonel of the
				Massachusetts Department of State Police or his or her designee.
LEOSA
. Law Enforcement Officers Safety
				Act of 2004,
				18
				U.S.C. §
									926C, amended by
				Pub.
				L. No. 111-272 (2010).
LEOSA Qualification Card
. The Law
				Enforcement Officers Safety Act Qualification Card, which shall serve as proof
				of qualification issued pursuant to
				515 CMR 6.00.
LEOSA Instructor
. A firearms
				instructor certified by the Colonel to issue a LEOSA Card to a qualified
				retired law enforcement officer.
LTC
. License to Carry Firearms, as set
				forth in M.G.L. c. 140, § 131.
MPTC
. Municipal Police Training
				Committee.
Qualified Retired Law Enforcement
				Officer
. An individual who:
(a) separated from service in good standing with a public
				agency as a law enforcement officer;
(b) before such separation, was authorized by law to engage in
				or supervise the prevention, detection, investigation, or prosecution of, or
				the incarceration of any person for, any violation of law, and had statutory
				powers of arrest;
(c) 1. before such separation, served as a law enforcement
				officer for an aggregate of ten years or more; or
2. separated from service with such agency, after completing
				any applicable probationary period of such service, due to a service-connected
				disability, as determined by such agency;
(d) during the most recent 12-month period, has met, at the
				expense of the individual, the standards for qualification in firearms training
				for active law enforcement officers, as determined by the state in which the
				individual resides;
(e) 1. has not been officially found by a qualified medical
				professional employed by the agency to be unqualified for reasons relating to
				mental health and as a result of this finding will not be issued the
				photographic identification as described in
				18
				U.S.C. §
									926C; or
2. has not entered into an agreement with the agency from which
				the individual is separating from service in which that individual acknowledges
				he or she is not qualified under 515 CMR 6.02:
Qualified Retired
				Law Enforcement Officer
(e)2. for reasons relating to mental
				health and for those reasons will not receive or accept the photographic
				identification as described in
				18
				U.S.C. §
									926C;
(f) is not under the influence of alcohol or another
				intoxicating or hallucinatory drug or substance; and
(g) is not prohibited by Federal law from receiving a
				firearm.
Student
. A qualified retired law
				enforcement officer taking a LEOSA course.
Valid Retired Law Enforcement Officer
				Identification Card
. A card issued pursuant to
				501 CMR 13.00:
Standards for Identification Cards for Retired Law Enforcement
				Officers
.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 6.00 - Law Enforcement Officers Safety Act Qualification Standards And Instructor Certification › Section 6.03 - LEOSA Instructor Certification

Current through Register 1525, July 5, 2024
(1)
Requirements
. For certification as a LEOSA Instructor, a person shall provide documentation of:
(a) A valid LTC; and
(b) Current status as at least one of the following:
1. a Law Enforcement Firearms or Personal Protection Instructor from a nationally recognized organization that teaches personal protection, practical handgun skills and the proper use of force with a firearm, or a firearms instructor certified by such organization;
2. a federal, state or municipal law enforcement firearms instructor;
3. a United States military firearms instructor;
4. a firearms instructor of the MPTC, or a firearms instructor certified by the MPTC;
5. a firearms instructor of a firearms manufacturer or its academy, or a firearms instructor certified by such academy; or
6. any other person, in the discretion of the Colonel, competent to give instruction in a LEOSA course which may include any person who operates a firearms training program as described in 515 CMR 6.04.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 6.00 - Law Enforcement Officers Safety Act Qualification Standards And Instructor Certification › Section 6.04 - LEOSA Firearms Qualification

Current through Register 1525, July 5, 2024
(1) In order to obtain a LEOSA Qualification card, the student must meet the statewide standards for qualification in firearms training as established by the Municipal Police Training Committee.
(2) The student shall use a firearm of the type, whether semi-automatic or revolver, to be carried by the qualified retired law enforcement officer under the authority of the LEOSA.
(3)
LEOSA Qualification Card
. Certificates of completion in the form of a wallet-sized card or a card capable of being folded into a wallet size shall be provided by the certified LEOSA instructor to the student upon meeting all standards set forth in 515 CMR 6.00. All such cards shall be in a form prescribed and authorized by the Colonel and shall contain the following information:
(a) That the card is evidence that the person named on the card has completed the required training in accordance with 515 CMR 6.04 and 18 U.S.C. §
										926C;
(b) That the card is valid for 12 months from the date on which the course was completed with prominent display of the date of expiration;
(c) Prominent display that the certificate is only valid for purposes of 18 U.S.C. §
										926C when presented with a valid retired law enforcement officer identification card.
(d) Name and date of birth of the student;
(e) Name of the law enforcement agency from which the student retired;
(f) Date of course completion;
(g) Certified LEOSA instructor's typed or printed name, signature, and LEOSA Instructor Certification number.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 6.00 - Law Enforcement Officers Safety Act Qualification Standards And Instructor Certification › Section 6.05 - Severability Clause

Current through Register 1525, July 5, 2024
If any portion of 515 CMR 6.00 is for any reason held to be unconstitutional, contrary to statute, in excess of the authority of the Colonel of the Massachusetts State Police or otherwise inoperative, such decision shall not affect the validity of any other portion or 515 CMR 6.00.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 515 CMR 7.00 is to govern long term retention and preservation of evidence or biological material by any governmental entity as required by M.G.L. c. 278A, § 16(b).
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.03 - Scope and Applicability

Current through Register 1525, July 5, 2024
(1) Any governmental entity that is in possession of evidence or biological material that is collected for its potential evidentiary value during the investigation of a crime, the prosecution of which results in a conviction, shall retain evidence or biological material for the period of time that a person remains in the custody of the Commonwealth, or under parole or probation supervision in connection with the crime, without regard to whether the evidence or biological material was introduced at trial.
(2) Because 515 CMR 7.00 only governs the long term storage of evidence in post-conviction circumstances, it does not apply, for example, in the following circumstances: when evidence is ordered destroyed by the court; when evidence is ordered forfeited to the Commonwealth; or when evidence is held during the pendency of trial. The foregoing list is not exhaustive.
(3)515 CMR 7.00 sets fourth standards for:
(a) maintaining the integrity of biological materials over time, including methods for evidence packaging, storage, and preservation;
(b) the designation of officials at each governmental entity with custodial responsibility; and
(c) requirements for contemporaneously recorded documentation of individuals having and obtaining custody of any evidence or biological material.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.04 - Storage: General

Current through Register 1525, July 5, 2024
(1) Personal protective equipment (PPE) should be used to protect the evidence handlers from potentially hazardous biological materials as well as to protect the evidence from loss, cross-transfer, contamination, and/or deleterious change.
(2) Upon receipt of evidence or biological material for long-term storage, items shall be packaged in a manner that complies with chain-of-custody and storage requirements relative to that specific type of evidence.
(3) Evidence shall be stored in a manner that is reasonably designed to preserve its condition and to prevent its destruction or deterioration.
In certain circumstances, evidence which has previously been packaged or stored in less than ideal conditions may be repackaged and stored appropriately to prohibit any further deleterious change. The Massachusetts State Police Crime Laboratory should be consulted to assess the condition of the evidence and advise the custodial agency as to proper repackaging guidelines.
(4) Each package shall be labeled with information essential to efficient evidence processing, filing, and retrieving, including at a minimum, case or incident number and item number or similarly identifying information.
(5) Each item of evidence or biological material shall be packaged separately to avoid comingling of items to prevent cross-contamination.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.05 - Storage: Quality Control (Temperature and Humidity)

Current through Register 1525, July 5, 2024
(1) Custodial agencies shall ensure temperature and humidity conditions at all locations where evidence is stored are maintained appropriately, as this is essential to achieving optimal preservation.
(2) Appropriate personnel at custodial agencies may keep a manual and/or electronic quality control log of the daily temperature and humidity readings. These logs shall be accessible to authorized personnel upon request.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.06 - Storage: Non-toxicological Biological Evidence

Current through Register 1525, July 5, 2024
(1) Because moisture can cause biological material to be destroyed by bacterial growth, non-toxicological biological evidence shall be thoroughly dried prior to packaging and storage unless:
(a) It is not possible to dry the evidence as is
(e.g.,
a tube of liquid blood). In this case, it is acceptable to retain a sample of the blood on a medium such as FTAT paper that is suitable for long-term storage conditions and discard the remainder of the sample.
(b) If evidence cannot be dried or stored on alternate media such as tissue samples, bone, liquid urine, or blood, the evidence shall be stored in impermeable, nonporous, airtight containers and frozen. Glass containers shall never be used for packaging, as freezing can cause the vial to explode or crack.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.07 - Storage: Toxicological Biological Evidence

Current through Register 1525, July 5, 2024
(1) Evidence containing toxicological biological material (antemortem or postmortem) shall be stored under conditions that reduce the rate of decomposition and bacterial growth.
Ideal conditions for toxicological biological evidence shall be maintained at 0°C to -30°C (32°F to -22°F) (frozen).
(2) At no time shall toxicological biological evidence be stored in environments where the potential for large temperature and humidity fluctuations outside of the ideal range exists.
(3) Conditions of toxicological biological evidence storage shall include protection from moisture, excessive heat, and protection from sunlight.
(4) Tissue samples, liquid urine, or liquid blood shall be stored in impermeable, nonporous, airtight containers such as a metal can or plastic vial and frozen. Glass containers should not be used for long-term storage packaging, as freezing can cause the vial to explode or crack Custodial entities shall avoid employing preservation agents such as formalin or formaldehyde.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.08 - Storage: Non-biological Evidence - General

Current through Register 1525, July 5, 2024
(1) Evidence shall be stored in a room temperature environment not to exceed 27°C (80°F).
(2) Ideal conditions for evidence in the form of a food product
(e.g.,
milk, juice, food) shall be maintained at 4°C to 8°C (39°F to 47°F) (refrigerated).
(3) Evidence shall be stored in an environment not to exceed 60% humidity.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.09 - Storage: Non-biological Evidence - Arson and Explosive Evidence

Current through Register 1525, July 5, 2024
(1) Explosive powders and/or unexploded evidence components shall be stored in storage lockers that are in compliance with the requirements of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE). The storage unit shall be temperature- and humidity-controlled, vented, and explosion proof.
(2) Fire debris shall be sealed within Kapak bags or in metal cans within Kapak bags. Acceptable can volumes are: one pint, one quart, and one gallon. Extract from fire debris analysis should be stored in a glass vial within a sealed Kapak bag.
(3) Flammable-combustible liquids shall be preserved in glass vials. These vials should be contained within a shatter proof external container
(e.g.,
metal can).
(4) Debris from explosions shall be packaged within Kapak bags or metal cans within Kapak bags.
(5) Chemical reaction bombs shall be maintained in sealed plastic pouches
(e.g.
, Kapak bags).
(6) Explosive powders shall be maintained in static free bags.
(7) Device components shall be placed into unused envelopes such as a manila envelope.
(8) Gunshot residue sampling vials shall be sealed in plastic pouches
(e.g.,
Kapak bags) or within paper envelopes
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.10 - Security

Current through Register 1525, July 5, 2024
(1) Access to evidence storage areas shall be limited to those personnel designated by the proper authority at the custodial agency.
(2) Custodial agencies shall maintain a list of authorized personnel who have access to storage locations and this list shall be easily available, if requested.
(3) Custodial agencies shall document personnel who enter each storage location by means of a manual or electronic log or security system.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.11 - Chain of Custody

Current through Register 1525, July 5, 2024
(1) Chain of custody must be maintained when evidence is removed from a secure storage location. The item(s) of evidence transferred, personnel making the transfer, and the new custody location of the evidence must be documented contemporaneously by date.
(2) Evidence shall be tracked through a manual log or entered into an electronic tracking system database contemporaneously.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.12 - Documentation of Evidence Retention

Current through Register 1525, July 5, 2024
(1) Security logs indicating access to the evidence shall be maintained and retained for the period of time equivalent to the evidence retention period.
(2) Temperature and humidity control logs shall be maintained and retained for the period of time equivalent to the evidence retention period.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.13 - Implementation

Current through Register 1525, July 5, 2024
(1) Governmental entities shall develop, document, and implement policies and procedures to meet the requirements prescribed by 515 CMR 7.00. At a minimum, these policies shall include:
(a) a procedure to ensure consistency of the overall evidence storage retention process and
(b) a written directive as to the specific storage and packaging instructions for all types of evidence.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities › Section 7.14 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, clause, or phrase of 515 CMR 7.00 is for any reason held to be unconstitutional, contrary to statute, in excess of the authority of the Department of State Police, or otherwise inoperative, such decision shall not affect the validity of any other article, section, subsection, sentence, clause, or phrase of 515 CMR 7.00.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 8.00 - Testing of Quantity Limited Evidence within the Sexual Assault Evidence Collection Kit Pursuant to M.G.L. c. 41, Section 97B1/2 › Section 8.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
515 CMR 8.00 shall apply to all sexual assault evidence
				collection kits submitted to the Massachusetts State Police Crime Laboratory
				(MSPCL) pursuant to M.G.L. c. 41, § 97B½ for testing. Pursuant to
				M.G.L. c. 41, § 97B½(b), the MSPCL shall test all sexual assault
				evidence collection kits within 30 days of receipt from local law enforcement.
				515 CMR 8.00 governs the notification, testing, and the tolling period of
				quantity limited evidence contained in sexual assault evidence collection
				evidence kits. 515 CMR 8.00 shall not apply to evidence other than what is
				contained within a sexual assault evidence coliection kit.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 8.00 - Testing of Quantity Limited Evidence within the Sexual Assault Evidence Collection Kit Pursuant to M.G.L. c. 41, Section 97B1/2 › Section 8.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 515 CMR 8.00:
Exhaustive Testing
. Testing of a
				quantity limited item that consumes the entire sample for DNA analysis in order
				to maximize the potential for obtaining DNA results.
Quantity Limited Evidence (QLIM)
. An
				item of evidence is quantity limited when the MSPCL determines that the item's
				limited quantity will require exhaustive testing during DNA analysis in order
				to maximize the potential for obtaining DNA results.
Received
. A SAECK is received when the
				MSPCL is in possession of the physical SAECK and all documentation required to
				proceed with the forensic examination (
e.g
., police report or
				other necessary contextual documentation).
Sexual Assault Evidence Collection Kit
				(SAECK)
. A sealed box containing detailed protocols and materials
				necessary to conduct a forensic medical sexual assault examination and the
				forensic evidence collected from a sexual assault survivor.
Tolled
. A SAECK is considered tolled
				when the most forensically probative item of evidence has been identified as
				QLIM and would be exhausted by DNA testing, causing a delay in the testing
				period for a period of time as designated in 515 CMR 8.03.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 8.00 - Testing of Quantity Limited Evidence within the Sexual Assault Evidence Collection Kit Pursuant to M.G.L. c. 41, Section 97B1/2 › Section 8.03 - Quantity Limited Items in a Sexual Assault Evidence Collection Kit (SAECK)

Current through Register 1525, July 5, 2024
(1) When the MSPCL
			 has identified that the most forensically probative item of evidence from a
			 SAECK is quantity limited:
(a) The MSPCL will
			 provide the prosecuting attorney's office with jurisdiction over the case or
			 investigation with written notice of the quantity limited sample.
(b) The notice from the MSPCL to the
			 prosecuting attorney's office will:
1. Inform
			 the prosecuting attorney's office that the selected item(s) of evidence is
			 quantity limited and that DNA testing will consume the raw evidence.
2. Notify the prosecuting attorney's office
			 that the statutory period-for testing is being tolled for 30 business
			 days.
3. Identify the date on which
			 a response is required.
4. Include
			 all appropriate forms.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 8.00 - Testing of Quantity Limited Evidence within the Sexual Assault Evidence Collection Kit Pursuant to M.G.L. c. 41, Section 97B1/2 › Section 8.04 - Annual Review

Current through Register 1525, July 5, 2024
5.15 CMR 8.00 shall be reviewed at least annually by the
				Undersecretary of Forensic Science and Technology, or a designee.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 8.00 - Testing of Quantity Limited Evidence within the Sexual Assault Evidence Collection Kit Pursuant to M.G.L. c. 41, Section 97B1/2 › Section 8.05 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, clause, or phrase of 515
				CMR 8.00 is for any reason held to be unconstitutional, contrary to statute, in
				excess of the authority of the Department of State Police, or otherwise
				inoperative, such decision shall not affect the validity of any other article,
				section, subsection, sentence, clause, or phrase of 515 CMR
				8.00.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 1.00 - Enforcement Of Civil Fines › Section 1.01 - Purpose, Scope, and Definitions

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope
.
(a) The purpose of 520 CMR 1.00 is to establish reasonable standards for the issuance of civil fines pursuant to M.G.L. c. 22, § 22 by authorized personnel of the Department.
(b)
									520 CMR 1.00 does not apply to fines issued for the operation of an elevator with an expired certificate pursuant to M.G.L. c. 143, § 65 and 520 CMR 16.00:
Enforcement of Civil Fines for Expired Elevator Certificates
.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 1.00 - Enforcement Of Civil Fines › Section 1.02 - Assessment of Fines Pursuant to M.G.L. c. 22, Section 22

Current through Register 1525, July 5, 2024
(1)520 CMR 1.02 establishes the standards for the assessment of fines pursuant to M.G.L. c. 22, § 22.
(2) The Commissioner or the Commissioner's designee and such other person as may be specifically authorized may issue a written notice of violation, which shall be a written warning or a citation to assess civil monetary fines of not more than $5,000. A fine may be imposed for any of the violations identified as follows:
(a)
Architectural Access Board
.
1. Authorized individuals who may issue a warning or citation under 520 CMR 1.02(2)(a) are limited to the Commissioner, the Commissioner's designee, an inspector assigned to the building division, or a designee of the Architectural Access Board.
2. Violations under 520 CMR 1.02(2)(a) include:
a. Any violation of 521 CMR; and
b. Any other violations of M.G.L. c. 22, § 13A.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 1.00 - Enforcement Of Civil Fines › Section 1.03 - Appeals

Current through Register 1525, July 5, 2024
(1)520 CMR 1.03 establishes the appeal process for all fines assessed pursuant to 520 CMR 1.00.
(2)
Notice
. The Department shall provide written notice of alleged violation(s) and intent to impose administrative penalties to the violator on a Notice form authorized by the Department. The Notice shall specify:
(a) The provision(s) of the law or regulation with which there has been non-compliance;
(b) The amount that is to be assessed as a penalty for each alleged violation;
(c) The procedure for requesting a hearing as set forth in 520 CMR 1.03(3).
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Scope
. 520 CMR 5.00 is promulgated by the Department of Public Safety (Department) pursuant to authority granted by M.G.L. c. 140, § 205A.
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 shall apply to amusement devices as defined 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 courses, or climbing wall facilities as defined 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, mechanically 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 services of an operator; or
(b) A rider- or gravity-propelled ride that is not a mechanical device, or is not limited to a fixed or restricted course, and is not located in an amusement area or park.
Where there is a conflict between 520 CMR 5.00 and any referenced standard other than American Society for Testing and Materials (ASTM), 520 CMR 5.00 shall govern.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.03 - Rider Responsibility

Current through Register 1525, July 5, 2024
(1)
Scope
. 520 CMR 5.03 establishes the rider's responsibilities when using amusement devices including inflatables.
(2)
Rider Responsibility Requirements
. There are inherent risks in the participation in or on any amusement device. Riders accept the risks inherent in such participation of which the ordinary prudent person is or should be aware.
(a) Riders shall exercise good judgment and act in a responsible manner while using any amusement device. Riders shall obey all oral warnings by the ride operator, certified maintenance mechanic, or any inspector.
(b) Riders shall obey all instructional and warning signs clearly posted on the amusement device.
(c) Riders shall not place themselves on any amusement device when under the influence of drugs or alcohol.
(d) Riders shall use all amusement ride safety devices provided on a ride to ensure their safety. No person shall bypass, remove or make any safety device inoperable.
(e) Riders have a responsibility to notify the ride operator of any pre-existing health conditions that may negatively affect the health and safety of the rider if he or she were to ride the amusement device.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.04 - Owner Responsibility

Current through Register 1525, July 5, 2024
(1)
Scope
. 520 CMR 5.04 establishes the responsibilities of the owner of an amusement device other than inflatables regarding the safe operation and maintenance of such devices.
(2)
Ride Equipment
.
(a) The owner shall not install, operate, or allow to be operated, any ride that does not have a valid license and permit issued pursuant to 520 CMR 5.00.
(b) Existing equipment shall be maintained in accordance with 520 CMR 5.00.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.05 - Manufacturer Responsibility

Current through Register 1525, July 5, 2024
(1)
Scope
. 520 CMR 5.05 establishes responsibilities for manufacturers of amusement devices other than inflatables.
(2)
General Requirements
.
(a) The manufacturer shall ensure that all rides are designed and constructed in compliance with the ASTM in compliance with other standards adopted by 520 CMR 5.00 as well as M.G.L. c. 140, § 205A
(b) The manufacturer shall provide the owner and the Department with a completed manufacturer's data sheet.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.06 - Revocation and Suspension of Licenses and Permits

Current through Register 1525, July 5, 2024
(1)
Scope
. 520 CMR 5.06 establishes the suspension and revocation procedures for all licenses and permits, including those for inflatables, challenge 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 permit suspended or revoked after a hearing for:
1. Unauthorized operation of an amusement device;
2. Failure to properly maintain records as required by 520 CMR 5.00;
3. Failure to repair any amusement device as ordered 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 maintenance, repair or operation of an amusement device;
5. Continuing to operate an amusement ride without the Department's authorization when an incident or accident occurs that is required to be reported by 520 CMR 5.00;
6. Failure to notify the Department of any incident or accident as required by 520 CMR 5.00;
7. Modifying a ride without approval by the Department;
8. Operating in a manner likely to cause injury;
9. The knowing submission of false, invalid, incorrect or fraudulent information related to the maintenance or design of the ride or its safe operation;
10. Failure to provide the Department with a proper 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 mechanic, maintenance technician, ride operator, or operator assistant without having first 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 history inquiry procedure submitted to the Department pursuant to 520 CMR 5.04(16)  and 5.09(2)(h).
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.07 - Design and Construction

Current through Register 1525, July 5, 2024
(1)
Scope
. 520 CMR 5.07, in addition to the national standards adopted by 520 CMR 5.00, establishes minimum criteria, information and procedures 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 accordance 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 functional part of or housing the ride shall be constructed in conformance with 780 CMR 1.00:
Scope and Administration
.
(5)
Pressure Vessels, Air Compressors, and Hydraulic Systems
. Pressure vessels shall conform to the requirements of 522 CMR 7.00, 522 CMR 8.00 and M.G.L. c. 146, §§ 34 through 41. Air tanks and other receptacles used in connection with air compressors shall be inspected in accordance to M.G.L. c. 146, § 39 and the certificate 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 operate;
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 visible at all times.
(d) Where no data plate exists, the owner shall apply a new data plate in conformance with the manufacturer's instructions with approval of the Department.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.08 - Operation of Amusement Devices

Current through Register 1525, July 5, 2024
(1)
Scope
.
(a)520 CMR 5.08 establishes the procedures for owners, operators and manufacturers of amusement devices other than inflatables to follow during the operation of an amusement device in Massachusetts to assure that the ride is properly set-up, maintained and will be safe for the riding public.
(b) All rides shall be maintained in conformance with the manufacturer's specifications and the approved design.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 5.00 - AMUSEMENT DEVICES › Section 5.10 - Trackless Trains or Similar Devices

Current through Register 1525, July 5, 2024
Operators must have a valid driver's license and must 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 displayed 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 configuration, 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 if 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 fitted 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 designed conditions.
(b)
Parking Brake
. Prime movers shall be fitted with an additional braking system capable of holding the fully loaded train stationary. A combination travel/parking brake may be used only with the prior approval of the Department and for devices carrying less than eight patrons.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Section 6.02 - General Administrative Provisions, Including Requirements for Licensure, Apprentice Licenses, and Renewals

Current through Register 1525, July 5, 2024
(1)
Scope
.
			 520 CMR
			 6.00 establishes general administrative provisions
			 including license issuance, license renewals, fees, examinations, and appeals
			 for all hoisting machinery licensure.
(2)
General Requirements for
			 Licensure
.
(a) All applicants,
			 including those applying for an apprentice license, must be 18 years of age or
			 older.
(b) All applicants must
			 submit the following documentation:
1. A
			 completed application on a form authorized by the Department to operate
			 hoisting machinery as provided by the Department;
2. A fee to be determined annually by the
			 Secretary of Administration and Finance under the provisions of M.G.L. c. 7,
			 § 3B;
3. A legible photocopy
			 of the applicant's valid DOT medical certificate, Intrastate Medical Waiver
			 from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014
			 qualifications for operators. In the event that the DOT medical certificate or
			 Intrastate Medical Waiver expires prior to the expiration of the hoisting
			 license, the licensee shall submit a legible photocopy of the new certificate
			 or waiver as applicable;
4. A
			 photograph or permission to gain access to the Massachusetts Registry of Motor
			 Vehicles database if applicant is a resident of Massachusetts;
5. A legible photocopy of the applicant's
			 valid driver's license, valid Massachusetts ID issued by the Massachusetts
			 Registry of Motor Vehicles, or driver's license learner's permit. In the event
			 that the applicant's driver's license, Massachusetts ID, or learner's permit
			 expires prior to the expiration of the hoisting license, the applicant shall
			 submit a legible photocopy of the new license, Massachusetts ID, or permit when
			 it is received;
6. In addition to
			 the requirements of 520 CMR 6.02(2)(b)1. through 5., applicants for an
			 apprentice license must also submit a copy of their Annual Apprentice ID Card
			 issued by the DAT.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Section 6.03 - Issuance of Temporary Permits to Operate Rented Compact Hoisting Machinery

Current through Register 1525, July 5, 2024
(1)
Approval by Department
. All individuals or organizations seeking approval to issue temporary permits as short-term rental entities shall submit for the Department's approval, the following:
(a) A completed application on a form furnished by the Department;
(b) A copy of the training program to be used by the short-term rental entity in accordance with 520 CMR 6.00;
1. A list of all instructors employed by the rental company, including the names, license numbers with designated type and class of hoisting machinery, and expiration dates;
2. A course syllabus for each equipment type to be used in the training program;
3. The minimum topics and texts included as part of the training program curriculum shall include but may not be limited to:
a. M.G.L. c. 146;
b.
											520 CMR 6.00;
c.
											520 CMR 14.00:
Excavation and Trench Safety
;
d. OSHA Standards 29 CFR 1926;
e. M.G.L. c. 82, § 40;
f. M.G.L. c. 82A;
g. M.G.L. c. 164, § 76D;
h.
											220 CMR 99.00:
Procedures for the Determination and Enforcement of Violations of M.G.L. c. 82, §§ 40 through 40E ("Dig Safe")
.
(c) A copy of the examination(s) to be used;
(d) The make and model of the equipment to be used in the training program;
(e) The name and Massachusetts hoisting license number of at least one individual who will act as the short-term rental entity facilitator;
(f) A legible photocopy of the short-term rental entity facilitator's Massachusetts hoisting license;
(g) A legible photocopy of the short term rental entity facilitator's driver's license, valid Massachusetts ID issued by the Massachusetts Registry of Motor Vehicles, or driver's license learner's permit.
The Department shall issue a certificate of approval to individuals or organizations seeking approval to issue temporary permits as short-term rental entities. Approval shall be contingent upon having a short-term rental entity facilitator that holds a valid Massachusetts hoisting license in the applicant entity's employ.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Section 6.05 - Apprentice Licenses

Current through Register 1525, July 5, 2024
(1) The Department may issue an apprentice license to currently unlicensed individuals who are registered as apprentices at a training facility and submit proof of registration with the Department of Labor Standards pursuant to M.G.L. c. 146, § 53A. The apprentice license shall allow for operation of hoisting machinery during the training period, provided that the holder operates the hoisting machinery only while under the direct guidance of a duly licensed person. The apprentice license shall be kept on the person of the apprentice licensee at all times during the operation of hoisting machinery and shall be valid for the term of registration with the Department of Labor Standards.
(2)
Training Facilities for Apprentice Licensees Only
. All individuals or organizations seeking approval to operate a training facility offering courses limited solely to apprentice licensee training courses and not continuing education shall submit a list including the names and Massachusetts hoisting machinery license numbers of all instructors employed by the training facility
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Section 6.06 - Exempt Companies; Exemptions for Licensing Requirements, Pursuant to M.G.L. c. 146,§53

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 146, § 53, subsections (e) through (g), the following companies may be exempt from the licensing and permitting requirements of 520 CMR 6.02 and 6.03:
(a) Public utility companies;
(b) Other companies operating only upon public utility company property or equipment; and
(c) Other companies operating equipment exclusively on company property.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Section 6.07 - In-service Training Program for Exempt Companies

Current through Register 1525, July 5, 2024
520 CMR 6.07 shall apply to in-service training programs for company licenses for exempt companies as defined in 520 CMR 6.06.
(1)
Approval by Department
. All individuals or organizations seeking to operate an in-service training program shall submit for the Department's approval:
(a) A completed application on a form furnished by the Department;
(b) Identification of Department-approved curricula or a copy of company curricula and training materials, all of which shall incorporate a classroom and a practical component;
(c) A list including the names and Massachusetts hoisting machinery license numbers of all instructors, a legible photocopy of instructors' Massachusetts hoisting machinery license, and legible photocopies of the company licenses; and
(d) A list of the type of equipment, including model and make, to be used in the company's in-service training program.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Section 6.10 - Classification of Licenses; Qualifications

Current through Register 1525, July 5, 2024
(1)
Class 1 - Hoisting
.
(a)
1A Prerequisites
.
1. The applicant shall meet the prerequisites as listed in 520 CMR 6.02;
2. The applicant shall display knowledge of the crane operator ASME hand signals;
3. The applicant must be able to read and comprehend load charts and manufacturer's specifications.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Section 6.11 - Operation of Hoisting Machinery; Accident Reporting

Current through Register 1525, July 5, 2024
(1) Operators of hoisting machinery shall cease operating if ordered by the Department to do so. Conditions which shall warrant immediate cessation of operation may include but not limited to:
(a) Serious injury; or
(b) Any condition that is necessary for the preservation of the public health or safety as determined by the Inspector.