520 CMR, § 5.01
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:
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.
ACCT. The Association for Challenge Course Technology.
ACS Number. An identifying number issued by the Department and associated with a specific artificial climbing structure included on an artificial climbing structure floor plan.
Agreement of Non-disclosure. A document provided by and approved by the Department of Criminal Justice Information Services binding the executing parties to request, access and review criminal offender record information to the extent authorized by the Department of Criminal Justice Information Services and not to reveal, transmit or republish in whole or in part any information obtained as the result of a criminal offender records information report that would be in violation of M.G.L. c. 6, §§ 168 through 178B.
AIMS. Amusement Industry Manufacturers and Suppliers International.
Amusement Device. A fixed or portable mechanical device similar to, but not limited to ferris wheels, carousals, rock walls, euro-bungee or similar devices, inclined railways or similar devices, including inflatables, challenge courses, and artificial climbing structures, as well as amusement devices as defined by ASTM. Coin operated devices, skill games or playground equipments that have no mechanical devices are not within 520 CMR 5.01(2): Amusement Device. Go karts, concession go karts, and other mechanical devices that are confined to one path of travel shall be considered an amusement device per path of travel.
Amusement Park. A location that has 35 or more amusement devices that may be operated.
Amusement Park Operator. Any person, firm or corporation that owns, leases, manages or operates an amusement park.
Application. A standard form of application, issued by the Department, for a license to operate an amusement device as defined by 520 CMR 5.00.
A.N.S.I. American National Standards Institute.
Artificial Climbing Structure (ACS). Sports equipment exclusively designed and originally built to simulate rock climbing and not located in an amusement park or carnival. ACSs may be designed and used for lead climbing, top rope climbing, and/or bouldering. ACSs may be temporary or permanent. ACSs may be considered Challenge Course elements when used as part of a supervised educational/recreational curriculum.
A.S.M.E. American Society of Mechanical Engineers.
ASTM. American Society for Testing and Materials International.
Automatic Mode. The ability, after initialization, of the amusement ride or device to start, operate, move, etc. with limited or no operator intervention.
A.W.S. American Welding Society.
Belay Systems. Systems of equipment, and corresponding techniques, which control a climbing rope, lanyard, cable or other material to provide fall protection to a moving climber. Belay systems may employ a variety of equipment and techniques and may be human-operated or automatic mechanical systems.
Block System. A system on an amusement device with separate vehicles designed to limit the number of vehicles in a certain area of the ride.
Carnival. A mobile enterprise principally devoted to offering amusement or entertainment to the public in, upon, or by means of portable amusement devices or temporary types of structures in any number or combination, whether or not associated with other structures or forms of public attraction.
Certificate of Competency. A certificate issued to individuals pursuant to M.G.L. c. 146, § 62.
Certified Inflatable Device Mechanic. An individual designated by the owner of an inflatable device as the person responsible for overseeing the maintenance of an inflatable device and who has a valid NAARSO Level I or II certification, AIMS Level I or II maintenance certification or a person holding a B.S. in engineering with a minimum of three years experience in the amusement industry, or a person certified by the Department as an inflatable device mechanic in accordance with 520 CMR 5.09(1)(j).
Certified Inspector. A person who has obtained a Massachusetts Certificate of Competency to inspect amusement devices or to inspect climbing walls and challenge courses, and who is not an employee of the Department.
Certified Maintenance Mechanic. An individual designated by the owner of an amusement device as the person responsible for overseeing the assembly, set up and maintenance of amusement devices and who has been certified by the Department as a certified maintenance mechanic in accordance with 520 CMR 5.02.
Challenge Course. A facility or facilities not located in an amusement park or carnival consisting of one or more elements that challenge participants as part of a supervised educational/ recreational curriculum.
Challenge Course Manager. A person who is 21 years of age or older and is primarily responsible for the oversight, management, and general operation of the Challenge Course, including, but not limited to, developing and maintaining operating policies and procedures, supervision and training of staff, performance evaluation, routine maintenance and inspection of the facility and equipment, and general record keeping.
Challenge Course Staff. A person located on-site during the operation of the challenge course who is 18 years of age or older who works under the supervision of the Challenge Course Manager and is responsible for day-to-day operation of the Challenge Course, including but not limited to supervision of Staff Assistants, routine maintenance and inspection of equipment and general equipment record keeping.
Challenge Course Staff Assistant. A person who may operate Challenge Course elements only under the direct supervision of Challenge Course Staff.
CIK. Commission International de Karting.
Climbing Wall Facility. A facility not located in an amusement park or carnival designed and built for the sport of rock climbing, including ascending, descending, and traversing over simulated rock surfaces that use belay systems in their normal operation.
Climbing Wall Facility Manager. A person who is 21 years of age or older and is primarily responsible for the oversight, management, and general operation of the Climbing Wall Facility, including, but not limited to, developing and maintaining operating policies and procedures, supervision and training of staff, performance evaluation, routine maintenance and inspection of the facility and equipment, and general record keeping.
Climbing Wall Facility Staff. A person located on-site during the operation of the Climbing Wall Facility who is 18 years of age or older who works under the supervision of the Climbing Wall Facility Manager and is responsible for the day-to-day operation of the climbing wall, including but not limited to supervision of Staff Assistants, routine maintenance and inspection of equipment and general equipment record keeping.
Climbing Wall Facility Staff Assistant. A person who may assist in the operation of an Artificial Climbing Structure only under the direct supervision of Climbing Wall Facility Staff.
Climbing Wall Operating Manual. A document that includes policies and procedures for the orientation of patrons, belay training and testing or patrons, care and use of facility-owned climbing equipment, and emergency procedures.
Commissioner. The Commissioner of the Department of Public Safety.
Containment. The features in an amusement device which accommodate the patron for the purpose of riding the ride. This may include but is not limited to the seats, side walls, walls or bulkheads ahead of the rider(s), floors, objects within the vicinity of the rider(s), restraint systems and cages.
CORI. Criminal Offender Record Information.
Criminal History Inquiry Procedure. A document required to be produced by an applicant for licensure that establishes the applicant's policy for conducting criminal history inquiries and providing subsequent notification to applicants of their suitability for employment.
CWA. Climbing Wall Association.
Daily Equipment Inspection Log. A form for use on Challenge Courses and in Climbing Wall Facilities completed by the Challenge Course Staff or Climbing Wall Facility Staff which documents that the equipment has been inspected before each day's use.
Daily Maintenance Inspection Log. A form completed by the certified maintenance mechanic or the maintenance technician which details the results of the maintenance inspection.
Daily Operator's Inspection Log. A form completed by the ride operator which details the results of the operator's inspection.
DCJIS. Department of Criminal Justice Information Services.
Department. The Department of Public Safety.
Department of Criminal Justice Information Services CORI Request Form. A form produced by the Department of Criminal Justice Information Services which, when executed by an applicant, grants authority to a Department of Criminal Justice Information Services-authorized party to access information regulated by the Department of Criminal Justice Information Services and maintained by the Board of Probation regarding the criminal history of the applicant within the Massachusetts Court system.
Element. An apparatus which may include but not be limited to, equipment designed to simulate rock climbing, beams, bridges, cable traverses, climbing walls, nets, platforms, ropes, swings, towers, or zip wires that employ fall protection systems in their operation. Elements may be installed on or in trees, poles, portable structures, buildings or be a part of a self-supporting structure.
Element Number. An identifying number issued by the Department and associated with a specific element or artificial climbing structure included on a challenge course site plan.
Employee CORI Reports. Documents generated as a result of the process of requesting, receiving, and evaluating criminal offender record information.
Employee Training Documentation. A form that details specific training received by operators of amusement devices.
Fastening Devices. Bolts, nuts, pins, clips or any other component that secures one part to another.
Fence. A type of barrier consisting of, but not limited to, posts, boards, wire, stakes, or rails that is used to inhibit patrons from coming into undesirable contact with the moving portion or restricted portion of an amusement ride or device.
FIA. Federation International de l'Automobile.
First Aid. The one-time treatment or subsequent observation of scratches, cuts not requiring stitches, burns, splinters, contusions and minor complaints. For purposes of 520 CMR 5.00, "first aid" shall not include first response to a serious injury.
Fixed Amusement Device. An amusement device which stays at one location during the term of the licensed year.
Floor Plan. A document which includes a graphic representation of sufficient clarity to identify all ACS, the corresponding ACS number beginning at 01 for the first element and continuing sequentially until all ACS are numbered and the plan indicates the approximate location in a specified facility.
Gate. A section of fencing that may be opened.
Hand Mode. The ability of the amusement ride or device to start, operate, move, etc. only with operator intervention.
IKF. International Karting Federation.
Illness. Personal discomfort resulting in treatment including personal illness, food poisoning, drug abuse, toxic inhalation, insect stings or other similar occurrence.
Inflatable. A device of any size that incorporates a structural and mechanical system and employs a high strength fabric or film that achieves its strength, shape, and stability by tensioning from internal air pressure. Inflatable shall not include devices which are privately owned and/or operated or similar inflatable devices that are used for professional exhibition or stunt work, safety and rescue activities, aerial or aviation structures or devices, exhibit floats or similar inflatable devices.
Injury. Sustained bodily harm resulting in treatment such as trauma, cuts, bruises, burns, and sprains.
Injury and Incident Documentation. A form detailing all specific information regarding any injury or incident that may have occurred.
Itinerary. A form provided to the Department, by an owner which lists the locations and dates where the owner intends to use an amusement device, as well as the intended amusement devices to be used at that location.
Key Component. A component or system that has been designated by the manufacturer as requiring special fabrication, maintenance, inspection or operation due to its importance to the continued proper and safe operation of the amusement device.
Large Inflatable. An inflatable that has a surface that is designed to enable patrons to stand, sit or climb to a height of 12 feet or higher.
Latched. Held securely against opening except by intentional action of the rider, operator or other means.
License. A certificate issued by the Department to an owner after the owner's application has been submitted to and approved by the Department.
Local Operating Procedures. Site specific information and procedures that are based upon the Standard Operating Procedure and reviewed by the Certified Inspector which establish minimum acceptable criteria for all Challenge Course programming at the site. The documents are developed by the Challenge Course Manager and shall define policies, procedures and practices and shall include, but not be limited to, appropriate operating procedures for specific elements and the Daily Equipment Inspection Log
Low Element. A Challenge Course element or activity where participant is spotted if needed to limit risk, and where the use of a belay system is not required.
Maintenance Repair Log. A log completed by the certified maintenance mechanic, the maintenance technician, the Challenge Course Staff, or the Climbing Wall Facility Staff which details all work performed on the amusement ride, artificial climbing structure, or challenge course.
Maintenance Technician. A person who is appropriately trained in the maintenance, repair, and upkeep of amusement devices and their components and has received training appropriate to their job function.
Major Modification. Any change in either the structural or operational characteristics of a ride which alters its performance from that specified in the manufacturer's design criteria.
Manufacturer. A person who has responsibility for the manufacture of any amusement device to be used or installed in the Commonwealth, or sold for use in the Commonwealth.
Manufacturer's Bulletins. Documents provided by the manufacturer to owners regarding alerts and maintenance modifications after an amusement device has been manufactured.
Manufacturer's Maintenance Manual. A document provided by the manufacturer that details the maintenance requirements and procedures of the amusement device.
Manufacturer's Operators Manual. A document provided by the manufacturer that details the operational requirements of an amusement device.
Manufacturer's Set-up and Assembly Manual. A document provided by the manufacturer of an amusement device that details the requirements and procedures to properly erect the amusement device.
Mechanical Malfunction. A structural failure of a load bearing element, a mechanical or electrical failure of a drive or control system component or a failure of a restraint system that compromises ride safety.
Minor Injury/Illness. Injuries and illnesses which may or may not require emergency first aid or significant treatment, or both, but cannot be otherwise classified as a serious injury or illness. This category includes incidents where treatment is limited to such things as the dispensation of over-the-counter medication or plastic adhesive strips, cleansing, rest, and other similar duties or assistance.
Minor Modification. Any change that does not alter the structural or operational characteristics of the ride or change its performance from that specified in the manufacturer's design criteria.
MSA. Motor Sports Association.
NAARSO. National Association of Amusement Ride Safety Officials.
NDT "Non-destructive Testing". To examine and evaluate parts, areas, or items for defects at or below the surface.
NDT Statement. A non-destructive testing plan or a statement from the manufacturer that NDT is not required.
Operating Manual. The document that contains the required procedures and forms for the safe operation of an amusement device at the stated site.
Operator. See Ride Operator.
Operator Assistant. A person 16 years of age or older whose duties include, but are not limited to, loading and unloading riders of amusement devices, including inflatable devices, collecting tickets, checking seatbelts, lap bars and other restraints and occupying the entrance or exit areas to prevent intrusion while the amusement device or the inflatable is in operation, but who is not the operator.
Operator Presence Device. A device which, when activated, requires an operator to remain in contact with the switch during the entire ride cycle.
Owner. A person who owns, leases, or manages the operations of amusement devices, including individuals, partnerships, and corporations.
Park.See Amusement Park.
Parking Brakes. Brakes that are used to keep the amusement device from moving once the ride has stopped.
Participant. An individual who engages in activities on a Challenge Course element under the supervision of Challenge Course Staff.
Patron.See Rider.
Permit. A sticker with a unique number, assigned by the Department and adhered to the Unique State Identification (USID) plate of an amusement device at the beginning of each amusement season. SeeUSID.
Portable Amusement Device. An amusement device which is transported to different locations within the term of the licensed year.
Primary Circulation Area. An area leading directly to the entrance or exit of a ride that is normally traveled by patrons. These areas would not include emergency exit routes, maintenance areas, or other areas not normally on the route of the patron.
Qualified Challenge Course Professional. An individual who is trained in providing Challenge Course services including any one or combination of the following: design, installation, inspection and training services and who has been certified by the ACCT, an equivalent organization, or submits evidence of comparable qualification that is approved by the Commissioner. Evidence of qualification to be a Qualified Challenge Course Professional may include, but shall not limited to: a person holding a B.S. in engineering with a minimum of one year experience in the design, engineering, or manufacturing of challenge courses, or a person with a minimum of three years experience in the design, engineering, or manufacturing of challenge courses.
Qualified Manufacturer's Representative. The person or persons qualified by prior experience, education, or training, and designated by the manufacturer, to inspect artificial climbing structures. The Qualified Manufacturer's Representative shall be trained by the manufacturer to conduct inspections of artificial climbing structures, and may be trained to inspect related personal protective equipment. Evidence of qualification to be a Qualified Manufacturer's Representative may include, but shall not limited to: a person holding a B.S. in engineering with a minimum of one year experience in the design, engineering, or manufacturing of artificial climbing structures, or a person with a minimum of three years experience in the design, engineering, or manufacturing of artificial climbing structures.
Reassembly. The installation, erection, or reconstruction of an amusement device following transportation or storage and prior to operation.
Records. Documents that an owner shall be in possession of, and shall make available to inspectors of the Department upon request.
Reduction Brakes. Brakes designed to slow the motion of the amusement device.
Redundant Restraint Devices. Independent restraints in the sense that the secondary device, for example, lap bar, containment enclosure, is able to restrain the patron in case of failure of the primary restraint.
Renter. An individual who executes a contract with the owner of an inflatable device for the temporary use of the device.
Repair. To restore an amusement device component with like components or materials that meet or exceed current design specifications for the amusement device.
Restraint. The system, device or characteristic that is intended to inhibit or restrict the movement of the patron(s).
Retarding Brakes. A device that prevents the ride from exceeding a determined speed by means of friction or induction magnets.
Ride.See Amusement Device.
Ride Operator. Any person 18 years of age or older, engaged in or directly controlling the operations of an amusement device, including large inflatable devices.
Rider. A person riding on or utilizing an amusement device, including inflatable devices and artificial climbing structures.
Safety Bulletin. A supplemental notification delivered by the manufacturer to an owner that contains new information or new recommendations for inspections, testing, repair, operation or training. This term includes, but is not limited to, Safety Alerts, Service Bulletins, and Notifications as indicated in ASTM F-853.
SCCA. Sports Car Club of America.
Serious Injury/Illness. A personal injury/illness that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury/illness that requires immediate admission and overnight hospitalization and observation by a licensed physician.
Site Plan. A document which includes a graphic representation of sufficient clarity to identify individual Challenge Course Elements, the corresponding element number beginning at 01 for the first element and continuing sequentially until all elements are numbered and the approximate location in a specified course or facility.
Small Inflatable. An inflatable that has a surface that is designed to enable patrons to stand, sit or climb at a height of less than 12 feet.
Staff Training Plan. A written document that records the professional and internal training history and training requirements for Climbing Wall Facility personnel or Challenge Course personnel. The training requirements must be completed prior to Climbing Wall Facility personnel or Challenge Course personnel being allowed to operate an Artificial Climbing Structure or Challenge Course. The Staff Training Plan shall be created by the Challenge Course Manager or the Climbing Wall Facility Manager in conjunction with the Qualified Challenge Course Professional or Qualified Manufacturer's Representative and shall at a minimum adhere to training standards set forth within ACCT Challenge Course Standards, 8th Edition for challenge course personnel or CWA Industry Practices A Sourcebook for the Operation of Manufactured Climbing Walls, 3rd Edition, 2007, for climbing wall staff or equivalent standards as approved by the Commissioner.
Standard Operating Procedure. A document approved by the Qualified Challenge Course Professional that establishes general minimum acceptable standards of operation for the Challenge Course in accordance with ACCT or equivalent standards as approved by the Commissioner. Standard Operating Procedures are not designed to address issues that are specific to individual Challenge Course programs.
State Inspector. An inspector of the Department of Public Safety assigned by the Commissioner, who has been trained by the Department in the inspection of amusement devices to ensure compliance with ASTM standards and 520 CMR 5.00.
Trailer Mounted Kiddie Ride. An amusement device designed primarily for use by children up to 12 years of age which is mounted on a trailer and is designated as a kiddie ride by the manufacturer.
Traveler. A binder or electronic file in a universally accepted format that travels with the amusement device and which shall contain the records and state or certified inspection reports performed on the ride for the past 30 days.
Trim Brakes. See Retarding Brakes.
UIAA. International Climbing and Mountaineering Federation (Union Internationale des Association d'Alpinisme).
USID Number. A unique identifying number assigned to each ride at the time the first permit is issued.
WKA. World Karting Association.
29 CFR OSHA | Part 1910 | OCCUPATIONAL SAFETY AND HEALTH STANDARDS Subpart O -- Machinery and Machine Guarding |
ACCT | Challenge Course Standards 8th Edition | |
ANSI B11.19 | 2010 | Performance Criteria for Safeguarding |
ASTM F770 - 11 | Standard Practice for Ownership and Operation of Amusement Rides and Devices | |
ASTM F846-92 | Standard Guide for Testing Performance of Amusement Rides and Devices (2009) | |
ASTM F853 - 05 | Standard Practice for Maintenance Procedures for Amusement Rides and Devices | |
ASTM F1159-11 | Practice for Design and Manufacture of Patron Directed, Artificial Climbing Walls, Dry Slide, Coin Operated and Purposeful Water Immersion Amusement Rides and Devices and Air-supported Structures | |
ASTM F1193 - 06 | Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices | |
ASTM 1772 - 12 | Standard Specifications for Harnesses for Rescue, Safety, and Sport Activities | |
ASTM F2374 - 10 | Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices | |
ASTM F2974-13 | Standard Guide for Inspection of Amusement Rides and Devices | |
AWS D1.1/D1.1M | 2010 | STRUCTURAL WELDING CODE - STEEL |
AWS D1.2/D1.2M | 2008 | STRUCTURAL WELDING CODE - ALUMINUM |
AWS D1.3 | 2008 | STRUCTURAL WELDING CODE - SHEET STEEL |
CWA Industry Practices. A Sourcebook for the Operation of Manufactured Climbing Walls, 3rd Edition (2007)
CWA Climbing Wall Association Standard. General Specification for the Design and Engineering of
Artificial Climbing Structures, 1st Edition (January 2009)
CWA Climbing Wall Association Standard. Specification for the Structural Inspection of Artificial
Climbing Structures, 1st Edition (March 2009)
EN 12277 - 07 | Mountaineering Equipment - Harnesses - Safety Requirements and Test Methods |
EN 12572 - 07 | Artificial Climbing Structures - Safety Requirements and Test Methods for Bouldering Walls |
EN 12492 - 12 | Mountaineering Equipment - Helmets for Mountaineers - Safety Requirements and Test Methods |
These standards are on file with the Secretary of State and are incorporated by reference in the 520 CMR 5.00.
The following standards are adopted in 520 CMR 5.00 and are available from the National Fire Protection Association:
NFPA 10 2013 | Portable Fire Extinguishers |
NFPA 70 2014 | National Electrical Code |
UIAA 105-04 | International Climbing and Mountaineering Federation Standards for Harnesses |
UIAA 106-04 | International Climbing and Mountaineering Federation Standards for Helmets |
520 CMR, § 5.01