Section 5.02 - General Administrative Provisions(1)Scope. 520 CMR 5.02 establishes general administrative provisions including license and permit issuance, fees, inspections, and variances for all amusement devices other than inflatables, Challenge Courses and Artificial Climbing Structures.(2)Amusement Advisory Board. There shall be a voluntary board appointed by the Commissioner, which shall hold at least one meeting annually and at such other times as it may determine, to review issues relative to 520 CMR 5.00 and safety of amusement devices. The Board shall submit recommendations regarding changes to 520 CMR 5.00 as it deems necessary and appropriate. Such recommendations may be adopted at the discretion of the Commissioner. The Board shall consist of 16 members, one of whom shall be the Commissioner of Public Safety or his or her designee, two of whom shall be owners of traveling amusement devices, two of whom shall represent owners of permanent amusement devices, one of whom shall represent the kart industry, one of whom shall be a member of the New England Association of Amusement Parks and Attractions, one of whom shall be a member of the Amusement Industry Manufacturers and Suppliers International, one of whom shall be a member of the American Society for Testing and Materials, one of whom shall be a district engineering inspector, one of whom shall be a state building inspector, one of whom shall be a local building inspector, one of whom shall be a member on the Board of Fire Prevention Regulations specializing in electrical components and connectors, one of whom shall be a third party inspector, one of whom shall represent the Challenge Course industry, and one of whom shall represent the Climbing Wall industry. Board members shall serve for a term of four years and may be removed at the discretion of the Commissioner. The Commissioner of Public Safety or his or her designee shall serve as the Chairman.(3)Signage. Signage shall be posted in accordance with the Amusement Device Manual. The owner shall comply with the established minimum and/or maximum height requirements of the manufacturer. In pre-existing rides whereby the manufacturer no longer exists, and minimum height requirements were not provided, the owner shall establish the minimum height requirements based on nationally recognized standards or from design criteria stamped by a professional engineer which shall reference height restrictions from nationally recognized publications. Such height restrictions shall be provided to the Department by the owner or manufacturer prior to issuance of the license.(4)New Amusement Devices. Owners applying for a license that includes a request for a permit for a new amusement device coming into the Commonwealth for the first time shall also be required to submit the following information with the application:(a) The plans for the new amusement device; and(b) A copy of the manufacturer's maintenance and operating manuals for the new amusement device.(5)Issuance of Annual License and Ride Permits; Denials; Appeals.(a) No person shall manufacture or sell for use in the Commonwealth, operate, arrange for, or cause to be used, any ride that is not in compliance with 520 CMR 5.00.(b) Prior to any amusement owner being licensed to operate in the Commonwealth, the owner shall provide the following documents to the Department:1. Completed application as provided by the Department;2. 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;3. Certified Inspector Report;4. Itinerary (except for trailer mounted kiddie rides and permanent amusement parks);5. Certificate of insurance demonstrating compliance with M.G.L. c. 140, § 205A, and 520 CMR 5.00;6. A list of all Certified Maintenance Mechanics and a Certificate issued by the Department pursuant to 520 CMR 5.02(14);7. A list of the operators trained in conformance with the manufacturer's specifications and attested to annually by the owner. Such list shall include the names of the certified operators who are 18 years of age or older and the devices for which they have been trained and certified to operate.8. A list of 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, 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.9. A manufacturer's data report for each amusement device (if not currently on file with the Department).10. A completed criminal offender record information (CORI) Request Form,11. A criminal history inquiry procedure in accordance with 520 CMR 5.04(16).12. For portable, fabricated non-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: a. Anchor supports for the wall comply with manufacturer specifications, EN12572 or CWA Engineering Specifications;b. Only automatic belay systems are used;c. Anchor supports for climbing wall meet the requirements of the auto belay manufacturer;d. Harnesses that conform to either the rock wall manufacturer recommendations ASTM F1772, UIAA105, or EN12277 are used by all patrons;e. Helmets that conform to either the rock wall manufacturer recommendations, EN12492 or UIAA106 or equivalent ASTM standards are used by all patrons.13. An operating fact sheet per ASTM F770 - 06a for each device.14. Maintenance requirements, maintenance schedules, inspection requirements, and inspection schedules each in a checklist format on a ride by ride basis per ASTM F770-06a and ASTM F 853-98 for each device.(c) 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.(d) 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 in accordance with the Department's guidelines for evaluating CORI reports.(e) Upon approval, the Department shall issue a license to the owner to operate in the Commonwealth and permits for the amusement devices identified in the application. The owner shall affix the permit to the USID plate(s) upon receipt for each approved amusement device.(f) No amusement device shall be operated without a valid annual license and permit.(g) Denial; Appeals. 1. 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 completed CORI Request Form;c. Failure to submit a criminal history inquiry procedure;d. Failure to submit required fees;e. The knowing submission of false, invalid, incorrect or fraudulent information;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 amusement 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.2. 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 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.3. If, after a hearing, the Commissioner denies the issuance of the license, he 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.(6)Modification. When a ride with a valid permit undergoes a major modification, the owner of the ride shall take the ride out of service and re-apply to the Department for a new permit.(a) The application for a new permit shall include the following:1. One copy of the original license issued by the Department;2. All supplemental safety bulletins, safety alerts, or notifications issued following the issuance of the original license;3. One full set of drawings, designs, specifications, and other construction documents, signed and sealed by the manufacturer or a Massachusetts registered professional engineer, that demonstrate compliance with 520 CMR 5.00; and4. An inspection report from the certified inspector.(b) The differences between the information submitted in support of the original license and that provided with the application for a modification shall be clearly shown by the applicant.(7)Fees. A fee shall be paid by the applicant for each amusement device, other than non-mechanical amusement devices, 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.(8)Insurance. (a) Except as provided for owners of fixed carousels in 520 CMR 5.02(8)(b), the owner of an amusement device shall furnish proof that all individual amusement devices permitted by the Department are insured and shall further furnish proof of financial responsibility to satisfy claims for damages on account of any physical injury or property damage suffered by any person during the authorized operation of the amusement device 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, a bond or other substantially equivalent proof approved by the Commissioner.(b) Owners of an amusement device which is a fixed carousel shall furnish proof of financial responsibility to satisfy claims of 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 from, bond or other substantially equivalent proof approved by the Commissioner.(c) 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. 1. Certified inspectors shall notify the Department within 14 days of changes in general liability insurance coverage, including but not limited to cancellation of the policy for which proof was previously provided to the Department.2. Certified inspectors shall provide proof of insurance to the Department upon obtaining general liability coverage that varies in any way from the proof originally provided to the Department for initial certification. Reasons for providing proof of new insurance may include but shall not be limited to relocation and new employment.(9)State Identification Numbers.(a) Each amusement device shall be identified using a USID number permanently affixed to the amusement device. Amusement devices shall not operate unless affixed with a USID number plate.(b) When an amusement device is approved for an annual permit, the owner shall affix an annual permit to the USID plate to identify to the public that the amusement device conforms with the requirements to be licensed for that year.(c) New amusement devices that do not have a USID number plate shall receive such plate upon application for the annual permit along with the submission of the corresponding manufacturer's data sheet. Such plate will be placed on the amusement device by a state inspector. The owner shall facilitate the installation of the plate by the state inspector.(d) The owner shall notify the Department in writing immediately upon discovery that a previously issued USID number plate is missing from an amusement device. The Department shall issue a new USID number and number plate upon resubmission of the following:1. A Completed Application;2. Certified Inspector Report;3. A Certificate of insurance demonstrating compliance with M.G.L. c. 140, § 205A and 520 CMR 5.00; and4. A list of the names of the certified operators who are 18 years of age or older and the devices for which they have been trained and certified to operate; and5. A manufacturer's data report for each amusement device (if not currently on file with the Department).(10)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 amusement devices covered by 520 CMR 5.00 in the performance of their duties.(11)Inspections(a) All amusement 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 and comply with ASTM F2974.(b) Inspection by the Certified Inspector. 1. All amusement devices shall be inspected by a certified inspector prior to being allowed to operate in the Commonwealth.2. 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.3. The certified inspector shall review maintenance records for the ride from the previous year and ensure that all pertinent safety bulletins and manufacturer specified repairs/modifications/upkeep requirements have been implemented where necessary.4. 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 ride until the issues are abated.5. 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.6. The certified inspector shall: a. Conduct an in-depth physical/visual inspection that may require disassembly of the ride and its components, and may also require the services of a person certified or trained in a specialty. The inspection shall include:ii. Integrity of bolts, pins, clips and nuts;iv. Proper guarding of motors, belts and drives;vii. Hydraulic and pneumatic systems;ix. Electrical components; andx. Review of any specialty inspection report.b. Review of the certification that the manufacturer has tested the ride in accordance with applicable ASTM standards and determined that the ride is satisfactory. This certification shall remain with the ride.c. Review of all maintenance documentation concerning ride repairs, all modifications and standard upkeep for the previous year;d. Review of operator training records for the previous year;e. Review of any specialist's reports not already cited in the certified inspector's report;f. Conduct operational tests of all rides, including but not limited to block checks, redundant safety systems, emergency brakes, anti-roll back systems; andg. Observe test cycles of all rides.h. For portable, fabricated non-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 walls meet the requirements of the auto belay manufacturer;iv. Harnesses provided conform to either the rock wall manufacturer recommendations ASTM F1772, UIAA105, or EN12277; v. Helmets provided conform to either the rock wall manufacturer recommendations, EN12492 or UIAA106 or equivalent ASTM standards.7. 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 ride shall be immediately addressed. The certified inspector shall not certify a ride until the issues have been appropriately abated.8. The certified inspector shall submit a report to the Department on a form provided by the Department. This report shall:a. Identify all major modifications performed on the ride for the past year;b. Confirm the review of the following records;c. Specialty inspection reports;d. Maintenance logs from the previous year;e. Operator training logs from the previous year;f. Provide documentation of all non-destructive examinations performed in the past year;g. Identify items found to be out of compliance and what was done to bring the device into compliance;h. Include the signature of the certified inspector; andi. State the name and Massachusetts Certificate of Competency License Number of the certified inspector printed legibly.(c)Acceptance Inspection.1. An acceptance inspection shall be performed on all newly constructed and manufactured rides which are brought in to the Commonwealth for the first time. The acceptance inspection may 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 ride 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, during which all safety systems shall be checked and the ride shall be cycled as during normal operation.2. The results of the Acceptance Inspection shall be submitted to the owner and the Department using the "New Ride Acceptance Form".3. For all other amusement devices brought into the Commonwealth for the first time, an inspection shall be performed by the certified inspector in accordance with the requirements of 520 CMR 5.02(11)(b) before the ride may operate. Such inspections shall be documented and submitted to the Department using the "New Ride Acceptance Form".(d)Maintenance Inspection.1. A maintenance inspection shall be performed by a certified maintenance mechanic or a maintenance technician working under the direction of a certified maintenance mechanic. The inspection and tests shall be based on any manufacturer requirements and shall include but not be limited to the operation of control devices, speed limiting devices, brakes and other equipment provided for safety. It shall be performed at a frequency required by the manufacturer, but not less than each day, prior to the amusement device being open to the general public. Such inspections shall be conducted at the location at which the amusement device is being operated. Maintenance inspections shall be documented in the daily maintenance inspection logs and shall be kept on location with the amusement device for one 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 pursuant to 520 CMR 5.04(14).2. Trailer mounted kiddie rides and inflatables may be inspected at the owner's designated location prior to the device being transported to the location where it will be operated.3. Maintenance inspections shall include, but not be limited to:a. A review of the maintenance records including daily maintenance inspection logs, maintenance repair logs;b. A physical inspection of the device including:i. Inspection of all passenger carrying devices including all restraints, latches, pins, clips, fasteners, padding, and pinch points;ii. Function test of all block systems, signal systems, brakes and control devices;iii. Visual inspection of fencing and guards;iv. Visual inspection of stairways, ramps and platforms for potential hazards;v. Visual inspection of ride structure and moving parts including fasteners, safety pins, clips and keys;vi. Blocking, support braces and jack stands;vii. Inspection of the leveling system;viii. Inspection for adjacent hazards and interferences;ix. Inspection of proper bracing, anchors and guy lines;x. Inspection of proper guarding on motors, belts and drives;xi. Inspection of wheels, sprockets, chains, belts and pulleys for excessive wear;xii. Visual inspections of the brakes for excessive wear;xiii. Inspection of the hydraulics and pneumatic systems for leaks; andxiv. Inspection for apparent electrical problems and to ensure that the amusement device is properly grounded. c. For portable, fabricated non-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 walls meet the requirements of the auto belay manufacturer;iv. Harnesses provided conform to either the rock wall manufacturer recommendations ASTM F1772, UIAA105, or EN12277;v. Helmets provided conform to either the rock wall manufacturer recommendations, EN12492 or UIAA106 or equivalent ASTM standards.d. In addition to 520 CMR 5.02(11)(d)3.b., the maintenance inspection shall also include any additional inspectional requirements contained in the manufacturer's manual for that ride.e. Completion of the maintenance inspection log, which shall include the following:ii. The printed name of the certified maintenance mechanic reviewing the inspection log;iii. The signature of the certified maintenance mechanic reviewing the inspection log;iv. If the inspection is performed by a maintenance technician under the direction of the certified maintenance mechanic, the maintenance inspection log shall include the printed name and signature of both the maintenance technician and the certified maintenance mechanic.v. Date and time of the inspection;vi. A summary of deficiencies found and corrected during the inspection of the device;vii. The results of the maintenance inspection.(e)Inspections by the State Inspector.1. Prior to the use of any amusement device, the state inspector may inspect the general safety of all amusement devices, to ensure that they are in compliance with 520 CMR 5.00. The Department may charge a fee 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.2. Trailer mounted kiddie rides and inflatables may be inspected at the owner's designated location prior to the device being transported to the location where it will be operated.3. This general safety inspection may include:a. A review of the maintenance records for the past 30 days, including daily maintenance logs;b. A review of the daily operator logs;c. A review of the operator training records and operator identification;d. A visual inspection of the device including:i. Safety belts, bars, locks and other passenger restraining devices;ii. Proper operation of all automatic and manual safety devices, including safety lockout switches;iii. Proper operation of all signal system, and control devices, including emergency stops and overspeed systems; iv. Proper bolting, safety pins and keys that are normally disassembled and reassembled at each setup;v. Fencing, guards, stairways and ramps;vi. Ride structure and moving parts;vii. Inspection of the blocking and leveling system;viii. Inspection of proper bracing, anchors and guy lines;ix. Identification of the ride;x. Inspection for adjacent hazards and interferences;xi. Inspection of proper guarding on motors, belts and drives;xii. Inspection of the ride for obvious excessive wear;xiii. Inspection of the brakes;xiv. Inspection of the hydraulics and air systems for obvious leaks;xv. Inspection of the containment for obvious sharp points and pinch points; xvi. Inspection for obvious electrical problems.e. An inspection of the device in operation.f. For portable, fabricated non-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 walls meet the requirements of the auto belay manufacturer;iv. Harnesses provided conform to either the rock wall manufacturer recommendations ASTM F1772, UIAA105, or EN12277;v. Helmets provided conform to either the rock wall manufacturer recommendations, EN12492 or UIAA106 or equivalent ASTM standards.4. State inspectors shall not be responsible for dismantling amusement devices and are not expected to remove panels that, by design, are not intended to be regularly removed, such as those riveted or welded in place. The state inspector shall document any issues of concern and immediately notify the owner, or owner's representative, of such concerns. Issues directly affecting the safety and integrity of the ride shall be immediately addressed. Upon completion of the inspection, the state inspector shall provide the owner, or owner's representative, with a written inspection report. No ride shall be permitted to operate without correction of all issues listed by the inspector on the inspection report unless expressly authorized in writing by the inspector. Such authorization shall include a specific date within which to abate the violation; however, in no case shall a ride be permitted to operate at another location until the violation has been cleared.
If through no fault of the owner, a state inspector does not perform the inspection at the scheduled time, the owner may operate the amusement device(s) only after receiving explicit written authorization from the Commissioner or his or her designee.
(f)Ride Preparation.1. The owner shall ensure that the ride is ready for the state inspection and operation at the scheduled time for the state inspection.2. Prior to the state inspection being performed, the owner or his designee shall provide the state inspector with a completed Daily Maintenance Inspection Log.3. Prior to the state inspection being performed the certified maintenance mechanic shall certify by signing the Amusement Device Checklist that the ride(s) to be inspected comply with 520 CMR 5.00 and are ready for state inspection and operation.4. Personnel shall be available to operate the ride during the state inspection.5. Where required, power shall be provided to operate the ride.6. If the ride is not ready at the time of the scheduled state inspection, it shall be deemed to have failed the inspection. The ride shall not operate until such time that it has passed the state inspection.7. Rides shall not be allowed to operate until all violations have been resolved to the satisfaction of the Commissioner or his designee.8. 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.(g) 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 of the device. The Department may charge a fee for the re-inspection 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.(h) Operator Inspection. An operator inspection shall be performed prior to the operator placing a ride into operation for the first time that day. The operator shall make subsequent inspections when the owner determines that further inspections are required. The operator inspection shall include, but not be limited to: 1. Safety belts, bars, locks and other passenger restraining devices;2. All automatic and manual safety devices, as designated by the owner;3. Signal systems, brakes and control devices;4. Safety pins and keys as designated by the owner;5. Fencing, guards, stairways and ramps;6. Ride structure and moving parts as designated by the owner;7. Blocking, support braces and jackstands to ensure the ride is level as designated by the owner;8. Confirmation with the certified maintenance mechanic that the ride is properly grounded;9. Confirmation with the certified maintenance mechanic that the ride is properly lubricated per the manufacturer's recommendations;10. Testing communication equipment necessary for operation (if applicable);11. Prior to opening, operating the ride through one complete cycle to ensure safe and proper functioning of all controls and devices;12. The printed name of the operator making the inspection;13. Signature of the operator making the inspection; and14. Date and time of the inspection. The maintenance inspection log may be accepted in place of the operator log only if the certified maintenance mechanic and operator are the same person.
(12)Manuals. (a) All manuals shall be printed or prepared in English.(b) The owner shall provide the Department with electronic copies of the manufacturer's maintenance and operator manual for each amusement device for which a permit is being sought, unless the amusement device is listed on the Department's website at www.mass.gov/dps.(c) Where there is no manufacturer to provide these manuals, the owner shall submit to the Department electronic manuals prepared by a Massachusetts registered professional engineer.(d) When the owner encounters difficulty in providing these manuals, the applicant may request that the Department approve a schedule for their submittal.(e) Following the initial electronic submission and acceptance of these documents, the annual application shall include only changes to the manufacturer's maintenance recommendations and operating instructions, if any.(f) The manufacturer may submit these documents on behalf of all applicants who own or operate a particular ride.(13)Variance. (a) If the owner or manufacturer believes that full compliance with 520 CMR 5.00 is overly burdensome, the owner or manufacturer may apply to the Commissioner for a variance from 520 CMR 5.00. 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 5.00. 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 or her designee may: 1. Grant the application with whatever conditions are deemed appropriate;2. Deny the application without a hearing.3. 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.(14)Certified Maintenance Mechanic State Certification. Any individual who performs maintenance for an owner may apply to the Department to be certified as a Massachusetts certified maintenance 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, for the purposes of 520 CMR 5.02(14), 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 5.02(14) 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.
Amended by Mass Register Issue 1281, eff. 2/27/2015.Amended by Mass Register Issue 1335, eff. 3/24/2017.