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5.01 (3) Standards adopted (p. 9)
ASTM – F2374-04 Inflatable devices
5.02 (5) Issuance of Annual License and Ride Permits; Denials; Appeals
(p 11)
2. Prior to any amusement owner being licensed the owner shall provide the following
documents
a. Completed application
b. Certified Inspector Report;
c. Itinerary
d.
Certificate of insurance
e. A list of the operators
f.
A manufacturer’s data report for each amusement device
3. The owner shall apply for an annual license at least ten (10) days prior to commencing
operations each year
5.02 (8) Insurance (p12)
The owner of an amusement device(s) shall furnish proof of financial responsibility
in the minimum amount of $2,000,000 in combined single limit bodily injury and
property damage.
Certified inspectors shall also furnish proof of
liability insurance in the minimum amount of $1,000,000 in combined single limit
bodily injury and property damage.
5.02 (11) Inspections (pp 13-17)
1. All amusement devices shall undergo an annual inspection that shall include but is
not limited to all components specified by the manufacturer.
4.
Maintenance inspections shall be documented in the daily maintenance inspection
logs and shall be kept on location with the amusement device for one (1) year.
The daily maintenance inspection logs shall be retained by the owner for the life
of the ride unless the amusement device is transferred to a new owner
5.09 INFLATABLE DEVICES (pp. 37-45)
5.09 (1) General
(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;
c. Certified Inspector Report (except for small inflatables);
d. Certificate of insurance demonstrating compliance with
M.G.L. c. 140,s 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 Certified Inflatable Device Mechanics and a
Certificate issued by the Department pursuant to 520 CMR 5.09(l)(j) for each
Certified Matable Device Mechanic.
g. A completed Criminal Offender
Record Information (CORI) Request Form.
h. A Pre-employment criminal history inquiry procedure in
accordance with 520 CMR 5.09(2)Q.
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.
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 Department 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.
(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.
(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 pennit 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
neccssary.
d. 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.
e. 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.
f. 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.
g. 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; and
v. 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; and
d. 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) Insvections bv the State Inspector.
1. 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 80 1 CMR
4.02.
2. Large inflatables. Prior to the use of any large
inflatable device, the state inspector may inspect the general safety of all
large inflatable devices to ensure that they are in compliance with 520 CMR
5.09. All large inflatables shall be inspected by a state inspector at the
location of the set up.
3. The general safety inspection for a11 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.
4. The state inspector shall document any issues of concern
and immediately notify the owner, or his representative, of suchconcems.
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
representative, with a written inspection report.
5. Re-inspection. If a device is not certified by the
Department, the owner may apply to the Department for re-inspection. 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.
6. 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 fhiled the
inspection. The inflatable device shall not operate until all violations
have been resolved to the satisfaction of the state inspector and it has
passed the state inspection.
c. Personnel shall be available to operate all inflatable
devices during the state inspection.
7. 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
80 1 CMR 1.02. Any person aggrieved by a decision made after a hearing may
appeal to the Superior Court in accordance with M.G.L.
c. 30A, 5 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 aMassachusetts
certified inflatable device mechanic through an examination administered by
the Department, except that an individual who holds a NAARSO or AIMS
Level I or I1 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 2gth shall, for the purposes of 520 CMR 5.09(1)Cj), expire on March
1".
(2) Owner Responsibility.
(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
F 2374-04 Inflatable Amusement Device Operations 6.1-6.9 (b) and ASTM F
23745-04 Inflatable Amusement Device Maintenance 7.1-7.3.10.
(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 performcd 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 and signature of the person who
performed the maintenance;
3. Details of any repairs performed;
(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 a11 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:
a. Be in writing;
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; and
h. 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.
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 Historv Inauiries.
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 must 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, 5 172(c).
b. The owner will make a11 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 CHSB 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)@)2.
4. In addition to the requirements set
forth in 520 CMR 5.09(2)01)1. through 4., owners must conduct criminal
history inquiries on all individuals employed by them prior to January 1,
2006 as a certified maintenance mechanic, certified
inflatable mechanic, maintenance technician, ride operator, or operator
assistant.
(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 at least 18 years of age.
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 equirements.
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;
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.
I. Notification. Any serious injury or mechanical
malfunction which occurs on an inflatable device shall be reported to the
following 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 idatable 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)6) 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 device shall not be disturbed, cleaned, or
altered in any way that will impede the investigation.
2. Investigation.
a, 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,
the incident shall be reported to the following number (508) 820-1444 and a
report shall be submitted to the Department within 48 hours as required
under M.G.L. c. 140,s 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.
(4) Inflatables for Rent.
(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.
2. 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. The state inspector shaIl 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
representative, with a written inspection report.
(d) Re-inspection I f 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.
(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 aRide 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)Cj).
(g) Serious Injury/Investigation.
1. Notification.
a. Large Inflatable. The owner or attendant shall be
responsible for notifying the following 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 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.
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 of such an incident.
2. Investigation. The Department shall investigate all
incidents pursuant to M.G.L. c. 140,s 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 victirn(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, the incident shall be
reported to the following number (508) 820- 1444 and a report shall be
submitted to the Department within 48 hours as required under M.G.L. c. 140,
S205A. |
