Section 5.09 - Inflatable Devices(1)General Administrative Procedures. (a)Scope. 520 CMR 5.09(1) establishes general administrative provisions including license and permit issuance, fees, and inspections for inflatable devices.(b)Issuance of Annual License and Permits Denials; Appeals. 1. No person shall manufacture or sell for use in the Commonwealth, operate, arrange for, or cause to be used, any inflatable device that is not in compliance with 520 CMR 5.09.2. Prior to any amusement owner being licensed to operate in the Commonwealth, the owner shall provide the following documents to the Department: a. Completed application as provided by the Department;b. Required fees in accordance with the fee schedule set forth in 801 CMR 4.02: Fees for Licenses, Permits, and Services to be Charged by State Agencies;c. Certified Inspector Report (except for small inflatables);d. Certificate of insurance demonstrating compliance with M.G.L. c. 140, § 205A, and 520 CMR 5.09.e. A list of the ride operators trained in conformance with the manufacturer's specifications and certified by the owner. Such list shall include the names of the certified ride operators who are 18 years of age or older and the devices for which they have been trained and certified to operate.f. A list of staff operating belay systems for portable, fabricated inflatable rock walls with a height in excess of 12 feet measured from the landing surface to the highest anchor, who 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.g. A list of Certified Inflatable Device Mechanics and a Certificate issued by the Department pursuant to 520 CMR 5.09(1)(j) for each Certified Inflatable Device Mechanic.h. A completed Criminal Offender Record Information (CORI) Request Form. i. A Pre-employment criminal history inquiry procedure in accordance with 520 CMR 5.09(2)(h).j. For portable, fabricated inflatable rock walls with a height in excess of 12 feet measured from the landing surface to the highest anchor; the owner shall affirm that: i. Anchor supports for the wall comply with manufacturer specifications, EN12572 or CWA Engineering Specifications; ii. Only automatic belay systems are used;iii. Anchor supports for climbing wall meet the requirements of the auto belay manufacturer; iv. Integral base and guardrail systems are provided as required by the manufacturer; v. Harnesses that conform to either the rock wall manufacture recommendations ASTM F1772, UIAA105, or EN12277 are used by all patrons; vi. Helmets that conform to either the rock wall manufacturer recommendations, EN12492 or UIAA106 or equivalent ASTM standards are used by all patrons. 3. The owner shall apply for an annual license at least ten days prior to commencing operations each year on a form supplied by the Department. An annual license shall be valid for a period of one year or until the expiration of the insurance certificate, whichever occurs sooner.4. Licensure shall be conditioned upon the completion of a CORI inquiry by the Department pursuant to authorization granted by the DCJIS in accordance with M.G.L. c. 6, § 172(b) and (c) and in accordance with the Department's guidelines for evaluating CORI reports.5. Upon approval, the Department shall issue a license to the owner to operate in the Commonwealth and permits for all inflatable devices identified in the application. The owner shall mark each inflatable device with a designated number for each approved inflatable device.6. No inflatable device shall be operated without a valid annual license and permit.7.Denial; Appeals. The Commissioner may refuse to issue a license to an applicant based on the following grounds: a. Submittal of an incomplete application or submittal of an application on a form not authorized by the Department;b. Failure to submit a Pre-employment criminal history inquiry procedure;c. Failure to submit required fees;d. Knowingly submitting false, invalid, incorrect or fraudulent information;e. Failure to submit a CORI Request Form;f. If at the time of application, the applicant is under investigation by the Department or other law enforcement agency in connection with the operation of inflatable devices;g. If the Commissioner finds that the applicant does not possess the integrity and general fitness to operate amusement devices in a safe manner and in the public interest consistent with 520 CMR 5.00 or M.G.L. c. 140, § 205A.8. If the Commissioner refuses to issue a license, he shall notify the applicant in writing, setting forth the reasons for the denial. Within 21 days of receipt of the denial, the applicant may make written demand upon the Commissioner for a hearing before the Commissioner or his or her designee to determine the reasonableness of the Commissioner's action. The hearing shall be held promptly and in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.9. If, after a hearing, the Commissioner denies the issuance of the license, he or she shall notify the applicant in writing. Such notice shall be sent by certified mail and first class mail and shall contain the reasons supporting the denial. Within 30 days after receipt of the notice, the applicant may appeal such denial to Superior Court in accordance with M.G.L. c. 30A, § 14.(c)Fees. A fee shall be paid by the applicant for each inflatable device listed in the application in accordance with the fee schedule as set forth in 801 CMR 4.02: Fees for Licenses, Permits and Services to Be Charged by State Agencies.(d)Insurance Requirements. 1.Large Inflatables. The owner of a large inflatable device shall furnish proof of financial responsibility to satisfy claims for damages on account of any physical injury or property damage suffered by any person by way of commercial general liability insurance in the minimum amount of $1,000,000.00 per occurrence limit with a $2,000,000.00 general aggregate limit written on an occurrence form.2.Small Inflatables. The owner of a small inflatable device shall furnish proof of financial responsibility to satisfy claims for damages on account of any physical injury or property damage suffered by any person by way of commercial general liability insurance in the minimum amount of $1,000,000.00 per occurrence written on an occurrence form.3. Certified inspectors shall also furnish proof of general liability insurance in the minimum amount of $1,000,000 per occurrence limit written on an occurrence form.(e)State Identification Numbers. 1. Each inflatable device shall be identified using a number issued by the Department and marked on each device.2. When an inflatable device is approved, the Department shall assign an annual permit number to each device which shall be kept by the Department to identify that the inflatable device conforms with the requirements to be licensed for that year.3. New inflatable devices that do not have a Departmental issued number shall receive such number upon application for the annual permit along with other documentation required by 520 CMR 5.00.(f)Inspector and Police Admission to Grounds. As a condition of the license, owners shall grant unlimited access to any law enforcement officers fire officials or inspector(s) of the Department to the grounds and devices covered by 520 CMR 5.09 in the performance of their duties.(g)Inspections. 1. All large inflatable devices shall undergo an annual inspection that shall include but is not limited to all components specified by the manufacturer. All manufacturer recommendations pertaining to specialized testing and inspection procedures shall be followed.2.Inspection by the Certified Inspector. a. All large inflatable devices shall be inspected by a certified inspector prior to being allowed to operate in the Commonwealth. Small inflatables are not required to be inspected by a certified inspector prior to operation.b. The certified inspector shall ensure that the manufacturer's specifications and recommendations as they pertain to parts to be disassembled, inspected, and replaced are followed.c. The certified inspector shall review all maintenance records for the inflatable device from the previous year and ensure that all pertinent safety bulletins and manufacturer specified repairs/modifications/upkeep requirements have been implemented where necessary.d. For portable, fabricated inflatable rock walls with a height in excess of 12 feet measured from the landing surface to the highest anchor; the inspector shall confirm that: i. Anchor supports for the wall comply with manufacturer specifications, EN12572 or CWA Engineering Specifications; ii. Only automatic belay systems are used;iii. Anchor supports for climbing wall meet the requirements of the auto belay manufacturer; iv. Integral base and guardrail systems are provided as required by the manufacturer; v. Harnesses provided conform to either the rock wall manufacturer recommendations ASTM F1772, UIAA105, or EN12277; vi. Helmets provided conform to either the rock wall manufacturer recommendations, EN12492 or UIAA106 or equivalent ASTM standards. e. The certified inspector will document, both in report form and photographs, any unusual issue that may be discovered. The inspector shall notify the owner and shall not certify the inflatable device until the issues are abated.f. Upon completion of the inspection, the certified inspector shall document any and all findings that require attention as per the manufacturer, as well as any areas that are of concern to the certified inspector for further observation.g. The certified inspector shall review all maintenance documentation concerning device repairs, all modifications and standard upkeep for the previous year. The certified inspector shall document any issues of concern and notify the owner of such concerns. Issues directly affecting the safety and integrity of the device shall be immediately addressed. The certified inspector shall not certify a device until the issues have been appropriately abated.h. The certified inspector shall submit a report to the Department on a form provided by the Department. This report shall: i. Identify all major modifications performed on the ride for the past year;ii. Confirm the review of the maintenance logs from the previous year;iii. Identify items found to be out of compliance and what was done to bring the device into compliance; iv. Include the signature of the certified inspector; andv. State the name and Massachusetts Certificate of Competency License Number of the certified inspector printed legibly. (h)Acceptance Inspection. 1. An acceptance inspection shall be performed on all newly constructed and manufactured large inflatable devices which are brought in to the Commonwealth for the first time. The acceptance inspection shall be performed by either the certified inspector or the manufacturer's representative. The acceptance inspection shall include the following: a. A review of the operator training records and owner certification;b. A review of the certification that the manufacturer has tested the device in accordance with applicable ASTM standards and determined that the ride is satisfactory. This certification shall remain with the ride;c. A check of redundant safety systems; andd. An operating inspection.2. Such documentation shall be submitted to the owner and the Department using the "New Ride Acceptance Form".3. For all other large inflatable devices brought in to the Commonwealth for the first time, an inspection shall be performed by the certified inspector in accordance with the requirements of 520 CMR 5.09(1)(g)2. before the ride may operate. Such inspections shall be documented and submitted to the Department using the "New Ride Acceptance Form". (i)Inspections by the State Inspector. 1.a.Small Inflatables. All small inflatable devices may be inspected by a state inspector at any time during the season as deemed necessary by the Commissioner to ensure that they are in compliance with 520 CMR 5.09. Small Inflatable devices may be inspected at the owner's designated location. The Department may charge a fee for inspections in accordance with the fee schedule set forth in 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be Charged by State Agencies. b.Large Inflatables. Prior to the use of any large inflatable device, the state inspector may inspect the general safety of all large inflatable devices at the location of the set up to ensure that they are in compliance with 520 CMR 5.09.2. The general safety inspection for all inflatable devices may include: a. A review of all maintenance records;b. A review of the daily operator logs;c. A visual inspection of the device including:d. Identification of the ride;e. Inspection for adjacent hazards and interferences;f. Inspection of the ride for obvious excessive wear;g. Review of the blower, motor, and cord;h. Anchorage points and stakes and/or weights.i. For portable, fabricated inflatable rock walls with a height in excess of 12 feet measured from the landing surface to the highest anchor; the inspector shall confirm that: i. Anchor supports for the wall comply with manufacturer specifications, EN12572 or CWA Engineering Specifications; ii. Only automatic belay systems are used;iii. Anchor supports for climbing wall meet the requirements of the auto belay manufacturer; iv. Integral base and guardrail systems are provided as required by the manufacturer; v. Harnesses provided conform to either the rock wall manufacturer recommendations ASTM F1772, UIAA105, or EN12277; vi. Helmets provided conform to either the rock wall manufacturer recommendations, EN12492 or UIAA106 or equivalent ASTM standards.3. The state inspector shall document any issues of concern and immediately notify the owner, or his representative, of such concerns. Issues directly affecting the safety and integrity of the device shall be immediately addressed. Upon completion of the inspection, the state inspector shall provide the owner, or his representative, with a written inspection report.4. If a ride is not certified at the time of inspection, the state inspector performing the inspection shall state on the Amusement Device Checklist whether a re-inspection is required after the violation has been resolved.5.Re-inspection. Where a ride is not certified for operation at the time of inspection and requires a re-inspection, an owner shall apply to the Department for a re-inspection.6. The Department may charge a fee for re-inspection of a device in accordance with the fee schedule set forth in 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be Charged by State Agencies.7.Device Preparation. a. The owner shall ensure that the large inflatable device is ready for the state inspection and operation at the scheduled time for the state inspection.b. If the large inflatable device is not ready at the time of the scheduled state inspection, it shall be deemed to have failed the inspection. The inflatable device shall not operate until all violations have been resolved to the satisfaction of the Commissioner or his or her designee.c. Personnel shall be available to operate all inflatable devices during the state inspection.8.Variance. a. If the owner or manufacturer believes that full compliance with 520 CMR 5.09 is overly burdensome, the owner or manufacturer may apply to the Commissioner for a variance from 520 CMR 5.09. The burden is on the applicant to demonstrate in writing to the Department that the granting of the variance would not compromise public safety or otherwise undermine the purpose of 520 CMR 5.09. Application for a variance shall be made on a form provided by the Department for this purpose shall contain such information as is required by the Department, and shall be signed by the applicant.b. Upon receipt of an application for a variance, the Commissioner, or his designee may: i. Grant the application with whatever conditions are deemed appropriate;ii. Deny the application without a hearing;iii. Any person aggrieved by this decision may file a request for an adjudicatory hearing with the Department within 30 days of receipt of the decision. All adjudicatory hearings shall be held in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. Any person aggrieved by a decision made after a hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.(j)Certified Inflatable Device Mechanic State Certification. Any individual who performs maintenance on inflatable devices for an owner may apply to the Department to be certified as a Massachusetts certified inflatable device mechanic through an examination administered by the Department, except that an individual who holds a NAARSO or AIMS Level I or II certification may be certified by the Department by providing proof of said certification in lieu of taking an examination. A certificate shall continue in force until the date of birth of the holder occurring more than 12 months but not more than 24 months after the effective date of such certificate unless suspended or revoked for incompetence or untrustworthiness of the holder. If any such certificate expires in an even year, any subsequent renewal shall expire on the next anniversary of the holder's date of birth occurring in an even year. If any such certificate or renewal thereof expires in an odd year, any subsequent renewal shall expire on the next anniversary of the holder's date of birth occurring in an odd year. A certificate issued to a person born on February 29th shall, for the purposes of 520 CMR 5.09(1)(j), expire on March 1st. Certificate Extension - Military Service. If the certificate holder is on active duty with the armed forces of the United States, as defined in M.G.L. c. 4, § 7, clause forty-third, the certificate shall remain valid until the certificate holder is released from active duty and for a period of not less than 90 days following that release. For 520 CMR 5.09(1)(j) to apply, the certificate holder must be given an Honorable Discharge, a General Discharge, or an Under Other than Honorable Conditions (UOTHC) Discharge, as noted on their discharge and separation papers.
(2)Owner Responsibility. (a)Scope. 520 CMR 5.09(2) establishes the responsibilities of owners of inflatable devices regarding the safe operation and maintenance of such devices.(b)Device Equipment. 1. The owner shall not install, operate, or allow to be operated, any inflatable device that does not have a valid license and permit issued pursuant to 520 CMR 5.09.2. Existing equipment shall be maintained in accordance with 520 CMR 5.09.(c) All owners of inflatable devices shall comply with ASTM Standards.(d)Records. 1. Copies of all manufacturer's bulletins or recommendations received by the owner shall be forwarded to the Department within 14 days of receipt.2. The manuals for all large inflatable devices shall be kept with the device and shall be available for use by the Department.3. The manuals for all small inflatable devices shall be kept with the owner at a designated location and shall be available to the Department upon request and available to the certified insurance inspector.4. A record of all maintenance, inspections and tests for all inflatables shall be documented immediately upon completion of the test, inspections and maintenance performed, and shall be available to the Department for one year. After one year, such records shall be maintained by the owner and may be stored off site for the life of the device, unless the inflatable device is transferred to a new owner in accordance with 520 CMR 5.09(2)(k).(e)Maintenance Repair Log. The certified inflatable mechanic or the maintenance technician shall complete the maintenance repair log each time maintenance is performed on the inflatable device. The maintenance repair log shall be signed by the certified inflatable device mechanic. The maintenance repair log shall include: 1. The name of the inflatable device on which maintenance was performed;2. The legible name of the person who performed the maintenance and a copy of any licenses or certificates held by such persons;3. Details of any repairs performed;4. An attachment of other repair related records such as welded repairs and NDT including but not limited to the manufacturer's authorized procedure.(f)Daily Inspection Log. 1. The daily inspection shall be performed by the ride operator for each day before allowing patrons on a large inflatable device for the day. The inspection log shall include: a. The name of the device being inspected;b. The legible name and signature of person completing the log;c. The date of the inspection;d. A detailed list and description of all items being checked.(g)Itinerary. 1. At least two business days prior to the first date of intended operation of a large inflatable device, the owner shall submit a complete itinerary to the Department on the form provided by the Department for this purposes. The itinerary shall: b. Identify the intended device by the USID number;c. Include scheduled rain date;d. Include requested time and date of inspection;e. State the date the inflatable device is scheduled to arrive at the location;f. State the date the inflatable device is scheduled to begin operation;g. State the last date the inflatable device is scheduled to be in operation at that location; andh. State the specific locations of use including the municipality, street and street number or block and lot.i.Fees. The owner shall submit to the Department the fee for inspection as established by the fee schedule set forth in 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be Charged by State Agencies.2. Amendments to the itinerary. a. The owner shall submit to the Department any additional dates and locations to the original itinerary at least two business days prior to the first date of intended operation on a form provided by the Department for this purpose.b. The owner shall submit any deletions to the original itinerary to the Department as soon as the owner becomes aware of such deletions.c. The owner shall submit any substitutions for devices previously identified in the itinerary to the Department as soon as the owner is aware of the substitution. All substituted devices must have a valid permit.3. Owners shall not set up at a location unless they have submitted a proper itinerary for that location. Owners shall not rely on or use itineraries of other companies in order to set up at a location. Each owner is responsible for submitting a proper and timely itinerary for its inflatable devices.(h)Criminal History Inquiries. 1. All Owners shall submit for the Department's approval, a pre-employment criminal history inquiry procedure as a condition of their license. At a minimum, the procedure shall include the following provisions: a. The owner will conduct criminal history inquiries of all individuals 18 years of age or older seeking employment for the positions of certified maintenance mechanic, certified inflatable device mechanic, maintenance technician, ride operator, and operator assistant pursuant to M.G.L. c. 6, § 172(c).b. The owner will make all reasonable efforts to complete the inquiry prior to making an offer of employment for these positions.c. The owner may offer provisional employment to an applicant not to exceed a period of 14 days, provided that the criminal history inquiry has been initiated and that the provisional employees is at all times under the direct supervision of an employee for whom a criminal history inquiry has been completed.d. The owner will require that each applicant for employment for these positions provides consent to a CORI inquiry on a form provided by the DCJIS as part of his or her application for employment.e. The owner will inform the applicant that the CORI may be utilized by the owner in the determination of suitability for employment. The Department may periodically review the records of CORI inquiry requests made by owners to ensure compliance with M.G.L. c. 6, §§ 168 through 175.f. The signature of the owner or the owner's designee certifying the licensee's intent to comply with the provisions included in the criminal history inquiry procedure submitted to the Department.2. Owners may collect additional criminal offender information on employees for these positions provided that such information is lawfully obtained and that the procedure to collect such information is submitted to and approved by the Department prior to licensure of the owner.3. Owners shall comply with all terms outlined in procedures submitted to the Department pursuant to 520 CMR 5.09(2)(h)2.(i)Ride Operators. 1. The owner shall provide a ride operator for all large inflatable devices and may provide ride operators for small inflatables.2.Qualifications. a. The ride operator shall be 18 years of age or older.b. The ride operator shall not operate any inflatable device while under the influence of drugs or alcohol.c. The ride operator shall have a complete knowledge of the operation of the inflatable device.3.Training. The owner shall properly train all ride operators to operate the inflatable based on manufacturer requirements covered by the operational manual and any supplemental safety bulletins, safety alerts or other notices related to operational requirements.4. The owner shall ensure that each ride operator: a. Has read and understood the manufacturer's recommendations for the operation of the ride and, if applicable, any operations manual provided by the owner;b. Knows the safety-based limitations, including height, weight or other rider requirements regarding who may use the device;c. Is knowledgeable on emergency procedures;d. Staff operating belay systems for portable, fabricated 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.5.Ride Operator Identification. The operator of a large inflatable shall wear a tag identifying they have successfully completed the training program for the large inflatable device they are operating. Any such identification shall include their full name, that they are 18 years of age or older, their photograph, and the name of the device for which they are certified.6. The owner shall ensure that a ride operator is monitoring the structure and the activities within the structure anytime a patron is entering, inside or exiting the structure. Such ride operator shall ensure that the number of patrons in the structure does not exceed the manufacturer's recommendations. To ensure public safety, the ride operator shall reserve the exclusive right to limit the number of patrons in the device and to order patrons out of the inflatable device. In the event of deflation, or injury, the ride operator shall immediately order all patrons out of the inflatable device, and shall ensure that the appropriate medical attention is taken for those injured.(j)Serious Injury/Investigation. 1.Notification. Any serious injury or mechanical malfunction which occurs on an inflatable device shall be reported to the following telephone number 508-820-1444 within one hour of the serious injury or mechanical malfunction or discovery of the serious injury or mechanical malfunction, except where the inflatable device has been rented. The inflatable device shall not be moved from the site of the serious injury until approval is granted by a state inspector. The only exceptions to 520 CMR 5.09(2)(j) is for preservation of life and property, the removal of injured persons or bodies, or to permit the flow of emergency vehicles. The inflatable device and area surrounding the device shall not be disturbed, cleaned, or altered in any way that will impede the investigation.2.Investigation. In the event that a serious injury occurs on an inflatable device, or any of its component systems, the inflatable device shall be immediately shut down and secured until a state inspector has completed an investigation. No person shall move or alter the serious injury incident scene or the inflatable device, except to remove the victim(s), until the state inspector has determined that the device is safe. If a serious injury incident occurs on an inflatable device as the result of the malfunction of the device or a serious injury results in major damage to the inflatable device or any of its component systems, a report shall be submitted to the Department within 48 hours as required under M.G.L. c. 140, § 205A.(k)Transfer of Ownership. Upon the transfer of ownership of any inflatable device, the owner of the device being transferred shall notify the Department in writing of the transfer, and shall transfer all records pertaining to that inflatable device to the new owner. The new owner shall obtain a new license and permit prior to operating the inflatable device. (3)Manufacturer Responsibility. (a)Scope. 520 CMR 5.09(3) establishes the responsibilities of the manufacturer of inflatables for operation in the Commonwealth.(b) All inflatables shall comply with the standard set forth in ASTM F-2374-10: Standard Practice for Design, Manufacture, Operation and Maintenance of Inflatable Amusement Devices.(c)Notification, Bulletins and Other Information as Required by the Department. 1. When the manufacturer is notified by an owner of an incident, whether in the Commonwealth or elsewhere, involving a serious injury or a critical structural or mechanical component of a ride, the manufacturer shall promptly evaluate the information in that notification and, if necessary, provide, in the form of a safety bulletin, the results of that evaluation, together with any recommendations to eliminate or prevent the situation that created the incident, to the Department and to all known owners of the ride in the Commonwealth.2. The manufacturer of a ride shall also provide to the Department and to all known owners of the ride in the Commonwealth: a. All bulletins, and notifications on inflatables;b. Information as necessary for those inflatables that have individual approval or supplemental modification certification based on the manufacturer's documentation supplied by the owner or responsible person; andc. Other documents requested by the Department as a result of an incident involving an inflatable device.(d)Departmental Remedies for Non-compliant Manufacturers. The Department shall have the authority to prohibit the use of any inflatable device in the Commonwealth until such time that the manufacturer has: 1. Submitted to the Department all safety bulletins issued on the inflatable, as well as all operational and maintenance manuals for the inflatable device; and2. Complied with any orders imposed by the Department in order to bring the inflatable device into compliance with 520 CMR 5.09.(4)Inflatables for Rent. (a)Scope. 520 CMR 5.09(4) establishes additional responsibilities of the owner who offers inflatable devices for rent in the Commonwealth.(b)Inspection by State Inspector of Large Inflatables for Rent. Prior to the rental of any large inflatable device, the state inspector may inspect the general safety to ensure that they are in compliance with 520 CMR 5.09 at the location of the set up.(c)Inspection by State Inspector of Small Inflatables for Rent. Prior to the rental of any small inflatable device, the state inspector may inspect the general safety to ensure that they are in compliance with 520 CMR 5.09 at the owners designated location. 1. The general safety inspection for all inflatable devices may include: a. A review of all maintenance records;b. A review of the daily operator logs;c. A visual inspection of the device including:d. Identification of the ride;e. Inspection for adjacent hazards and interferences;f. Inspection of the ride for obvious excessive wear;g. Review of the blower, motor, and cord;h. Anchorage points and stakes and/or weights;i. For portable, fabricated inflatable rock walls with a height in excess of 12 feet measured from the landing surface to the highest anchor; the owner shall affirm that: i. Anchor supports for the wall comply with manufacturer specifications, EN12572 or CWA Engineering Specifications; ii. Only automatic belay systems are used;iii. Anchor supports for climbing wall meet the requirements of the auto belay manufacturer; iv. Integral base and guardrail systems are provided as required by the manufacturer; v. Harnesses that conform to either the rock wall manufacturer recommendations ASTM F1772, UIAA105, or EN12277 are used by all patrons; vi. Helmets that conform to either the rock wall manufacturer recommendations, EN12492 or UIAA106 or equivalent ASTM standards are used by all patrons.2. The state inspector shall document any issues of concern and immediately notify the owner, or his or her representative, of such concerns. Issues directly affecting the safety and integrity of the device shall be immediately addressed. The state inspector shall not certify a device until the issues have been appropriately abated. Upon completion of the inspection, the state inspector shall provide the owner, or his or her representative, with a written inspection report.(d)Re-inspection. If the device is not certified by the state inspector, the owner may apply to the Department for re-inspection. The Department may charge a fee in accordance with the fee schedule set forth in 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be Charged by State Agencies.(e)Ride Operators. 1.Small Inflatables. Owners of small inflatable devices who choose to rent the inflatable devices may provide a Ride Operator or Operator assistant and shall provide training and instruction to the individual who rented the device to ensure that each rented inflatable device is erected and anchored in accordance with manufacturers' specifications and shall document instruction has taken place on a form furnished by the Department.2.Large Inflatables. Owners of large inflatable devices who choose to rent the inflatable devices shall provide a Ride Operator to operate the device. The Ride Operator shall be properly trained to ensure that each rented inflatable device is erected and anchored in accordance with manufacturers' specifications.(f)Operating Instructions. Owners of inflatable devices for rent shall provide renters with complete operating instructions. Such instructions shall include instructions for the attendant, maximum capacity, safety guidelines for those entering the structure, and shall include a list of the potential hazards involved in renting this device, and instructions to minimize the potential for injury. Such instructions shall also include the accident notification requirement as listed in 520 CMR 5.09(2)(j).(g)Serious Injury/Investigation. 1.Notification. a.Large Inflatable. The owner or attendant shall be responsible for notifying the following telephone number 508-820-1444 within one hour of any serious injury incident or the discovery of a serious injury incident on a large inflatable for rent. The owner or attendant shall be responsible for securing the device and shall be accessible to the Department and its state inspector. The inflatable device shall not be moved from the site of the serious injury until approval is granted by a state inspector. The only exceptions to this requirement are for preservation of life and property, the removal of injured persons or bodies, or to permit the flow of emergency vehicles. The inflatable device and area surrounding the inflatable device shall not be disturbed, cleaned, or altered in any way that will impede the investigation.b.Small Inflatable. i. In the event of a serious injury incident on a small inflatable device for rent, the individual renting the inflatable device shall be responsible for securing the device and shall be accessible to the Department and its state inspector. The inflatable device shall not be moved from the site of the serious injury until approval is granted by a state inspector. The only exceptions to this requirement is for preservation of life and property, the removal of injured persons or bodies, or to permit the flow of traffic. The inflatable device and area surrounding the inflatable device shall not be disturbed, cleaned, or altered in any way that will impede the investigation.ii. The owner shall notify the Department as soon as it becomes aware or should have been aware of such an incident.2.Investigation. The Department shall investigate all incidents pursuant to M.G.L. c. 140, § 205A. In the event that a serious injury incident occurs on an inflatable device, or any of its component systems, the inflatable device shall be immediately shut down and secured until a state inspector has completed an investigation. No person shall move or alter the serious injury incident scene or the amusement device, except to remove the victim(s), until the state inspector has determined that the ride is safe. If a serious injury incident occurs on an inflatable device as the result of the malfunction of the device or a serious injury results in major damage to the inflatable device or any of its component systems, a report shall be submitted to the Department within 48 hours as required under M.G.L. c. 140, § 205A.
Amended by Mass Register Issue 1281, eff. 2/27/2015.Amended by Mass Register Issue 1335, eff. 3/24/2017.