Section 5.08 - Operation of Amusement Devices(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.(2)Daily Maintenance and Operator Inspections and Test. (a) Operators shall not operate any ride that has not had a daily maintenance inspection and operator's inspection done prior to opening to the public on that day.(b) The Department shall not inspect or issue a permit for a ride without a current copy of the following items being on site and available to the inspector: 1. The manufacturer's set up and assembly manual;2. The manufacturer's maintenance manual;3. The manufacturer's operation manual;4. The daily maintenance inspection and checklist;5. The daily operational inspection and checklist;6. The maintenance log; and7. The NDT plan, if applicable.8. The maintenance log shall be done prior to the ride being opened to the public. The maintenance log may be completed by the same person that will be operating the ride as long as that individual is qualified to complete the maintenance log.(c) Individual tubs, sweeps, vehicle chassis, bents, towers, and supports to ground shall be uniquely identified and marked with no more than a combination of six characters or numbers to facilitate identification during maintenance and inspection.(3)DIGSAFE Number. When any excavating is to be performed or ground rods are to be used, DIGSAFE shall be called and the DIGSAFE number shall be identified on the local building permit (use of premise permit). DIGSAFE requires 72 hours prior notice before work can be started. The DIGSAFE telephone number to be called to obtain this number is 888-344-7233.(4)Site Layout. (a) The site on which rides are to be erected shall be reasonably: 1. Free of large rocks and debris that might pose a hazard;2. Well maintained to ensure safe operation;3. Free of holes that might pose a hazard;4. Sufficiently level to allow safe operation of the ride; and5. Far enough away from vehicle traffic to provide a safe environment for the public.(b) Wherever required by the manufacturer, proper protection between the amusement device and the ground shall be provided.(c) Whenever foundations are required for a ride, the owner shall submit the required documentation to the local building department.(5)Ride Operator. (a)Control of Operation. 1. The correct number of operators necessary to safely operate the ride, based on the operating manual, shall be on site and in the correct location(s).2. An operator shall not leave the ride unattended without disabling the controls so that the ride cannot be started by unauthorized persons. If the ride is left unattended and disabled during an operational day, the operator, upon returning, shall run a complete cycle of the ride, prior to re-opening the ride.3. The operator or operator assistants shall check each and every restraint, constraint, seatbelt, lap bar and any other device used in securing riders into a vehicle individually to assure that it is locked properly and that the rider fits properly in the safety system.4. Additional operation start button(s) shall be provided where loading and unloading operations are being performed in an extended area where safety restraints, harness and other devices are required to prevent ejection from the ride during operations. The start button(s) shall work in series in that all button(s) shall be depressed by operators before the ride will start.5. The operator or operator assistant shall check the height, weight or size of riders, as applicable, with the height mark, scale or other means of measurement provided by the owner. The means of measurement shall enable the operator to determine whether a rider meets the required limit in a "go, no go" fashion. No one who does not meet the required limits shall be permitted to ride the ride. a. When the weight of a rider is used to determine entry to or use of a ride, an accurate scale shall be provided.b. A rider not meeting the approved height restriction may be accompanied by a companion if provided for in the manufacturer's operations manual or otherwise specified by the manufacturer. Companions shall meet any requirements given in the manufacturer's specifications. The larger person shall be by the exit door to ensure it stays closed and latched during operation unless this arrangement of riders creates a conflict with 520 CMR 5.08(5)(a)5.c.c. Where riders are of disparate sizes, riders shall be placed in the ride such that any action caused by centrifugal forces shall push the weight of the lighter rider into the heavier rider.d. Riders at or above the maximum weight may be allowed if such riders are provided for in the manufacturer's operations manual. Distribution of such riders shall be as per the operations manual.6. All powered rides shall be equipped with a properly functioning operator presence device. a. The operator shall be in constant contact with the operator presence device at all times during normal operation of the ride. 520 CMR 5.08(5)(a)6. shall not be construed to prohibit riders from using ride operating controls designed for use by a rider.b. The operator presence device shall be tested at each inspection.c. Where, by design, no operator presence device is available, the operator shall remain within arms' reach (a safety zone) of the ride's control panel while monitoring the ride during normal operation. The safety zone will be highlighted by contrasting color which shall delineate the operator's area of allowable movement.7. The ride operator shall exercise control over the ride to prevent dangerous actions by a rider.8. In the event of an emergency stop, routine stop (for the purpose of loading or unloading of a rider), or a stop for any other reason, the operator or operator assistants shall assure that no other riders have exited their vehicles unexpectedly.(b)Operator Qualifications. 1. The ride operator shall be 18 years of age or older.2. The ride operator or operator assistant shall not operate any ride while under the influence of drugs or alcohol.3. The operator and all operator assistants shall have a complete knowledge of the operation of the restraint system, lap bar locking system, seatbelts and the proper way to seat a rider in a vehicle.(c)Operator Training. 1. The ride operator shall be properly trained before being assigned the duties of operating a ride as specified in 520 CMR 5.04(6). The owner shall require a certification to be signed by each ride operator and operator assistant indicating the ride name and operator's level of authority regarding the ride. This certification shall be kept on file by the owner for at least three years.2. The staff operating belay systems for portable, fabricated non-inflatable rock walls with a height in excess of 12 feet measured from the landing surface to the highest anchor, have been provided training as specified by the climbing wall manufacturer and\or belay system manufacturer. The owner shall require a certification signed by the belay operator indicating the ride name and level of training. This certification shall be kept on file by the owner for at least three years.3. The ride operator shall wear a tag identifying they have successfully completed the training program for the ride they are operating. Any such identification shall include their full name, that they are 18 years of age or older, a photo and the name of the device for which they are certified.4. The ride operator shall have access to a copy of the manual and shall have the ability to read and understand the manual as written by the manufacturer and to safely operate and communicate safe riding policies to the public for the ride.5. The operator and all operator assistants shall be trained to be aware of the motions and sounds attributed to the normal operation of the ride. The operator shall be familiar with how the ride looks when it is functioning normally, and be alert to any unusual conditions. If there are any changes in the normal operating condition, operation shall cease and the owner shall be called immediately. The owner will decide the appropriate action to be taken.6. Operators and operator assistants shall know the whereabouts of all safety equipment such as fire extinguishers, emergency main electrical disconnect, lock-out point and nearest telephone for routine or emergency assistance.(6)Lock-out Procedure. (a) All owners shall have in place a written lock-out procedure.(b) All amusement device disconnecting devices shall be provided with a means of lockout. Where rides have mechanical, pneumatic or hydraulic energy, these systems shall have a means of being locked out when necessary for doing maintenance and inspections.(c) The ride operator or maintenance mechanic shall lock-out the disconnect switch when restoration of power to an amusement ride could create a hazard to persons during the performance of maintenance, repair, inspection or an emergency evacuation of riders, and ensure that it remains locked-out until such time that restoration of power will not create a hazard.(d) A lock-out shall not be removed by any person other than the person, who installed it, except as allowed by the written procedure for lock-outs. Lock-outs put in place by the Department shall be removed only by the Department.(7)Set Up, Maintenance and Repair Operations Affecting Structural Integrity or Key Components. (a) Rides shall have no excessive corrosion or pitting affecting structural integrity or the functioning of key components.(b) Rides shall be operated and maintained in compliance with the manufacturer's specifications for fatigue loading. No holes shall be drilled into tubing that might compromise the integrity of the structure without written permission from the manufacturer. In the event the manufacturer does not exist, a Massachusetts registered professional engineer shall review and approve, in writing, the actions and reasons for said actions. The manufacturer or the professional engineer shall demonstrate to the Department upon request, from materials standards or from the maintenance manual, that the proposed hole sizes and locations will not compromise the integrity of the structure.(c) No structural shaft may be cross-drilled or welded without the written permission of the manufacturer. In the event the manufacturer does not exist, a Massachusetts registered professional engineer shall review and approve, in writing, the actions and reasons for said actions.(d) During installation, set-up to begin seasonal operation or assembly after disassembly for mechanical malfunction, an owner shall use or order to be used fasteners supplied by or the equivalent to those specified by the manufacturer. 1. All pins used shall adhere to manufacturer's specifications in length, hardness and type.2. All safety pins, such as "R" keys, and "cotter pins", shall be as per manufacturer's specifications.3. All fasteners shall be tightened to manufacturer's specified torque values.(e) Before being used by the public, rides shall be so placed or secured with blocking, cribbing, outriggers, guys or other means as to be stable under all operating conditions.(f) Any and all welding done on the amusement ride shall be performed by a welder certified by the American Welding Society (AWS) or an acceptable alternative welding certification with proof of certification on site at all times.(g) Any and all work performed by a machine shop, repair facility, or a third party of any kind for any reason shall be done to the documented specifications of the manufacturer or of a Massachusetts registered professional engineer, as appropriate, based on a written repair plan.(h) All work done shall be done to manufacturer's specifications.(i) Prior to re-inspection following a repair, the owner shall provide the Department with documentation that the repair was performed in accordance with the maintenance manual or any instruction from the manufacturer. 1. When requested by the Department, copies of all correspondence regarding a specific repair not covered in the manual shall be sent to the Department. Copies of subsequent correspondence shall be sent as they occur.2. If a manufacturer no longer exists or no other manufacturer has taken over responsibility for the technical support of the ride, then the ride owner shall make the repair following accepted engineering practice. Notice of such repair, including a description of the repair procedure, shall be given to the Department.(8)Vehicle Integrity. (a) The interior and exterior parts of all rider carrying rides with which a rider may come in contact shall be smooth and rounded, free from sharp, rough or splintered edges and corners, with no protruding studs, bolts, screws or other projections which might cause injury.(b) Interior parts upon which a rider may be forcibly thrown by the action of the ride shall be adequately padded.(c) Seatbelts, lap bars, straps, shoulder harnesses, chains, secondary locking devices and any other form of restraint, constraint or containment device shall be in proper working order or the entire device shall be removed from service and tagged "Out of Service". The only allowable exception shall be the use of an approved "seat lockout" program to be utilized to shut down an individual seat where a repair is needed. In lieu of such a program, the entire device shall be shut down until a repair has been made.(d) Handholds, bars, footrests and other equipment as may be necessary for safe entrance and exit to and from amusement rides shall be provided and maintained in a safe condition. Such equipment shall be of sufficient strength to support the riders.(e) Where only individual units of a ride, such as cars, seats or other carriers are defective and not in compliance with 520 CMR 5.00, the entire device shall be taken out of service and clearly marked with a sign reading "Out of Service", unless the owner has submitted and received approval from the Department for a seat lockout program.(9)Voice Communication and Signal System. (a) Voice communication shall be provided between the ride operators at the entrance, intermediate points, and the termination of an amusement ride where voice communication improves control of the ride by reducing a hazardous condition created by distance or lack of visibility between these points.(b) An additional operator and a signal system shall be provided where the operator of the ride does not have a clear view of the point at which riders are loaded or unloaded. The additional operator shall be stationed so as to be able to observe all areas not visible to the operator of the ride.(c) For rides and attractions which require verbal instruction or warning prior to operation, this instruction shall be given in a manner that is clearly audible to all riders prior to the start of each ride cycle. This instruction shall be consistent with the operation manual.(d) Any code of signals adopted for the operation of any ride shall be printed and kept posted at both the operator and signalman's stations. All persons who may use these signals shall be carefully instructed in their use.(e) Signals for the movement or operation of a ride shall not be given until all riders and other persons who may be endangered are in a position of safety.(10)Proximity to High Voltage Lines. It is the responsibility of the owner to ensure that amusement devices are located so that they do not come in close proximity to high voltage lines, which could result in electrocution or ride damage.(11)Ride Loading and Unloading. The means of loading and unloading from each ride shall be maintained in compliance with the manufacturer's specifications.(12)Protection Against Moving Parts or Other Hazards and Clearance Envelopes. (a) Owners, operators and operator assistants shall be aware of any construction equipment or vehicles operating in the immediate vicinity. Any equipment encroaching on the normal range of motion of the ride shall be removed to a safe distance or the ride shall not be operated.(b) A ride shall not be used or operated while any person is so located as to be endangered by it. Areas in which persons may be so endangered shall be fenced, barricaded or otherwise guarded against public intrusion.(c) Where a public access, queuing, loading or unloading area is under the ride, overhead protection from objects that might reasonably be expected to fall from a ride (for example, items carried or worn by riders) shall be provided, unless otherwise allowed by the Commissioner.(d) Machinery used in or with an amusement ride shall be enclosed, barricaded or otherwise effectively guarded against contact. Guards removed for maintenance purposes shall be replaced before normal operation is resumed.(e) Rides which are self-powered and which are operated by a rider shall have the driving mechanism so guarded and the guard so secured in place as to prevent riders from gaining access to the mechanism.(f) Each ride shall be rendered inoperable when not attended or in use.(g) Clearance envelopes shall be maintained as per manufacturer's specifications at all times during the operation of an amusement ride.(h) Decorations, such as flags, or lighting fixtures shall be secured in a fashion that they will not create a hazard to riders or members of the public in the event of high winds or normal vibration caused by moving equipment and shall be placed far enough from the ride so as not to encroach on the clearance envelope.(13)Rider Restraint, Restrictions, Containment. Restraining, containing or cushioning devices shall be maintained in compliance with the manufacturer's specifications.(14)Overload and Over Speed. (a) An amusement device shall not be overcrowded or loaded in excess of its safe carrying capacity. The maximum safe number of riders listed in the manufacturer's operations manual and on the data plate affixed to the ride shall govern loading.(b) Amusement device and attractions clearly suitable for children only shall not carry adults, unless allowed by the manufacturer's operations manual.(c) Amusement device shall not be operated at an unsafe speed or at any speed beyond that recommended by the manufacturer. The maximum safe operating speed of an amusement device can be found in the operations manual provided by the manufacturer and on the data plate affixed to the ride.(d) An amusement device capable of exceeding its maximum safe operating speed shall be provided with a maximum speed limiting device. 1. An amusement device requiring a maximum speed-limiting device shall have the device connected in the control circuit immediately bringing the ride to a safe stop if the ride exceeds the maximum safe operating speed or the device is disabled or malfunctioning.2. The speed-limiting device shall not be by-passed or disabled in any way.3. The Department, when necessary, shall require the testing of speed limiting devices by the owner or owner's representative for reasons of ensuring proper functioning of these devices.(15)Wind and Storm Hazards. (a) Operators and operator assistants shall be aware of weather conditions including, but not limited to, wind, rain, lightning and any approaching storm.(b) An amusement device which is exposed to wind or storm shall not be operated under dangerous weather conditions except to release or discharge riders.(c) Manufacturer wind and weather related restrictions shall be followed during periods of wind or storm. The restrictions shall be addressed in the operation manual, which shall be on site at all times.(16)Lighting. (a) Amusement devices, including access and egress , while in operation or occupied, shall be provided with illumination by natural or artificial means sufficient to guard against injuries to the public.(b) All florescent lighting shall have the proper guarding to minimize shattering of glass on patrons.Amended by Mass Register Issue 1281, eff. 2/27/2015.Amended by Mass Register Issue 1335, eff. 3/24/2017.