Section 5.04 - Owner Responsibility(1)Scope. 520 CMR 5.04 establishes the responsibilities of the owner of an amusement device other than inflatables regarding the safe operation and maintenance of such devices.(2)Ride Equipment. (a) The owner shall not install, operate, or allow to be operated, any ride that does not have a valid license and permit issued pursuant to 520 CMR 5.00.(b) Existing equipment shall be maintained in accordance with 520 CMR 5.00.(3)Compliance with Manufacturer's Recommendations for Modifications. (a) An owner shall comply with any safety related manufacturer's recommendation or requirement including but not limited to, the repair, replacement or modification of a component of the ride, a change or addition to the maintenance schedule for a ride, or the performance of a test on a ride.(b) Copies of all manufacturer's bulletins, recommendations, alerts and notifications received by the owner shall be forwarded to the Department within 14 days of receipt. An attestation documenting the completion of all repairs, replacements, modifications, changes or additions made to a ride that are based upon a manufacturer's requirement or recommendation included in a safety bulletin, alert or notification received by the owner since the issuance of the previous license shall be signed by the amusement owner or CMM of record and submitted to the Department within seven days of completion. The Commissioner may require an inspection by a state inspector to confirm compliance with manufacturer recommendations or requirements as a condition of continued operation of the ride.(4)Amusement Device Assembly or Disassembly. (a) The assembly or disassembly of an amusement device shall be done in accordance with the manufacturer's specifications and under the supervision of a certified maintenance mechanic.(b) The manufacturer's assembly and construction manuals shall be kept with the amusement device and shall be available for use by the Department.(c) Assembly work shall be performed in a proper and workmanlike manner. Parts shall be properly aligned, and shall not be bent, distorted, cut or otherwise injured to force a fit. Parts requiring lubrication shall be lubricated in the course of assembly. Fastening and locking devices, such as bolts, caps, screws, cotter pins and lock washers, shall be installed per the manufacturer's specifications. Nuts shall be secured per the manufacturer's specifications. Broken, damaged or undersized bolts, and pins shall not be used.(d) Parts which are excessively worn or which have been materially damaged shall not be used. Close visual inspection of parts shall be made during assembly to discover such wear or damage. Inspection of fastening devices shall be made after assembly by or under the supervision of the certified maintenance mechanic to assure that they have been properly installed prior to operating the ride.(e) Persons engaged in the assembly or disassembly of amusement devices shall use tools of proper size and design to enable work to be done in a proper manner. Broken, damaged and unsuitable tools shall not be used.(f) The public shall not be allowed to enter the area in which assembly or disassembly is being performed. (5)Records. (a) The manuals for each amusement device shall be kept with the amusement device and shall be available for use by the Department.(b) A record of all maintenance, inspections and tests shall be documented immediately upon completion of the test, inspections and maintenance performed, and shall be kept with the amusement device and 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 ride, unless the ride is transferred to a new owner in accordance with 520 CMR 5.04(14).(c) Daily Operator's Inspection logs shall be kept with the amusement device and available to the Department for one month. After one month, such records shall be maintained by the owner for one year and may be stored off site.(d) The owner shall retain current records of all maintenance, inspections and tests including those required by 520 CMR 5.00 and by the manufacturer for each amusement device at the amusement site. These records shall include but not be limited to: 1. The date and nature of all tests, including the identity of the tester, the purpose of the test and the results of the test;2. The date and nature of all inspections, including the identity of the inspector, the purpose of the inspection and the results of the inspection;3. The date and nature of all maintenance, including the identity of the individual who performed the maintenance, and the purpose of the maintenance;4. The date and nature of all breakdowns or repairs of a mechanical part, including the identity of the individual who completed the repair, and a reference to the specific manufacturer's procedure which was followed. If the manufacturer does not provide a procedure for repair, the owner shall have a professional engineer create a procedure and shall notify the Department in writing of the new procedure which shall be added to the permanent record of the ride; and5.Daily Maintenance Inspection Log. The certified maintenance mechanic or the maintenance technician shall complete the daily maintenance inspection log each day before the ride is allowed to operate. A daily maintenance inspection log shall be kept for each ride. The daily maintenance inspection log shall be signed by the certified maintenance mechanic. The daily maintenance inspection entry shall include, but not be limited to: b. The printed name of the certified maintenance mechanic reviewing the inspection log;c. The signature of the certified maintenance mechanic reviewing the inspection log;d. 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;e. Date and time of the inspection;f. A summary of deficiencies found and corrected during the inspection of the amusement device;g. The results of the maintenance inspection.6.Maintenance Repair Log. The certified maintenance mechanic or the maintenance technician shall complete the maintenance repair log. A maintenance repair log shall be kept for all work performed on each ride. The maintenance repair log shall be completed each time maintenance is performed on the amusement device. Each maintenance repair log entry shall be made within 48 hours of performing work. The maintenance repair log shall be signed by the certified maintenance mechanic. The maintenance repair log shall include but is not limited to: a. The name of the ride on which maintenance was performed;b. The date on which the maintenance was performed; i. The legible name of the person who performed the maintenance and a copy of any licenses or certificates held by such persons;ii. Details of any repairs performed (for example, malfunction, repair, adjustment, lubrication, set-up, inspection, violation abatement, etc.);c. An attachment of other repair related records such as welded repairs and NDT including but not limited to the manufacturer's authorized procedure.7.Daily Operator's Inspection Log. Operators shall complete a daily operator inspection log before allowing patrons on a ride for the day. If a ride has been non-operational for any period of time and at the discretion of the owner, the operator shall perform a re-inspection and document their findings in the inspection log before placing the ride into operation again. The operator inspection log shall include, but not be limited to: a. The name of the ride 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; ande. Details of testing within the timeframe specified in the operating manual of all control devices, speed-limiting devices, block system, emergency brakes, automatic and manual lowering devices and any other equipment provided for safety.8.Itinerary. a. At least ten business days prior to the first date of intended operation of an amusement device, the owner shall submit a complete itinerary to the Department on the form provided by the Department for this purpose. Itineraries for trailer mounted kiddie rides and inflatables shall be provided at least two business days prior to the first date of intended operation.b. The itinerary shall: ii. Identify the intended ride by the USID number;iii. Include scheduled rain date;iv. Include requested time and date of inspection;v. State the date the amusement device is scheduled to arrive at the location;vi. State the date the amusement device is scheduled to begin operation;vii. State the last date the amusement device is scheduled to be in operation at that location; and viii. State the specific locations of use including the municipality, street and street number or block and lot. c.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.d.Amendments to the Itinerary. i. The owner shall submit to the Department any additional dates and locations to the original itinerary at least ten days prior to the first date of intended operation on a form provided by the Department for this purpose. ii. The owner of trailer mounted kiddie rides 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. iii. The owner shall submit any deletions to the original itinerary to the Department as soon as the owner becomes aware of such deletions. iv. The owner shall submit any substitutions for amusement devices previously identified in the itinerary to the Department as soon as the owner is aware of the substitution. All substituted amusement devices shall have a valid permit. e. 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 amusement devices.(6)Training and Certification of Ride Operators. (a) The owner shall ensure that all operators comply with the requirements of 520 CMR 5.00.(b) In order to obtain a permit, the owner shall ensure that, at the time of initial operation in the Commonwealth, at least one operator is trained in conformance with the manufacturer's specifications, and has been issued an operator's certification by the owner, in a format approved by the Department.(c) Only individuals who have been certified and who possess the required identification may operate the amusement device for which they have been trained and certified.(d) The owner shall ensure that operators are trained to operate the ride based on manufacturer requirements covered by the operational manual and any supplemental safety bulletins, safety alerts or other notices related to operational requirements. The owner shall ensure that operators are trained annually.(e) The owner shall that all staff operating belay systems for portable, fabricated inflatable and non-inflatable rock walls with a height in excess of 12 feet measured from the landing surface to the highest anchor, have been provided training as specified by the climbing wall manufacturer and\or belay system manufacturer. The owner shall require a certification signed by the belay operator indicating the ride name and level of training. This certification shall be kept on file by the owner for at least three years.(f) The owner shall ensure that ride operators operate no more than one ride at any given time.(g) The owner shall instruct all operators to give their full attention to any ride they operate. (h) The owner shall ensure that anyone who operates a ride shall have demonstrated the ability to operate the ride in compliance with all applicable requirements of 520 CMR 5.00. 1. The owner shall ensure that each operator has read and understood the manufacturer's recommendations for the operation of the ride and, if applicable, any operations manual provided by the owner;2. Knows the safety-based limitations, including height, weight or other rider requirements regarding who may ride the ride;3. Is well versed on emergency procedures;4. Has had adequate training to operate the ride;5. Knows how to do the pre-startup operational ride checks as required by the manufacturer or as established by the owner in compliance with 520 CMR 5.00;6. Knows how to verify that the daily maintenance inspection log has been done prior to operating the ride;7. Has knowledge of the use and function of all normal and emergency operating controls and the proper use of the ride; and8. Has signed a ride specific certification attesting to 520 CMR 5.04(6)(g)1. through 7.(i) Operator certification must be worn by the operator and be readily visible to the general public. This certification must indicate whether the operator is over 18 years of age, display the operator's photograph, and indicate the amusement device for which the certification has been issued.(7)Control of Operation. All amusement rides shall have an operating manual. The owner of an amusement ride shall operate the ride in accordance with the manufacturer's operating manual. In the absence of a manufacturer's operating manual, the owner shall write an approved operating manual, which shall be submitted to the Commissioner for review and approval. Where any conflict occurs between the operating manual and 520 CMR 5.00, 520 CMR 5.00 shall govern. The operating manual shall be kept at the site where the ride is in use and shall be available for use by the Department.(8)Certified Maintenance Mechanics. (a) Every owner of amusement devices shall engage at least one individual as a certified maintenance mechanic. The certified maintenance mechanic shall be responsible for the maintenance and oversight of all amusement devices including ensuring that the proper maintenance repair logs and daily maintenance inspections logs are completed and are accurate.(b) The certified maintenance mechanic shall not perform or direct another person to perform any maintenance on a ride that does not comply with the manufacturer's specifications or 520 CMR 5.00.(c) During the term of the license period, owners shall notify the Department within 14 days of a change in the person engaged by the owner as the certified maintenance mechanic, including the dismissal from the owner's employment of any individual that served as a certified maintenance mechanic and the employment of a new individual as a certified maintenance mechanic.(9)Riders or Operators Under the Influence of Alcohol or Drugs. (a) The owner or operator of an amusement device shall not permit a person who appears to be under the influence of alcohol or drugs to enter or ride an amusement ride.(b)Drug and Alcohol Policy. All owners shall have a drug and alcohol policy that prohibits employees from using or being under the influence of drugs or alcohol while operating amusement devices.(10)Rider Accident Reporting Requirement. The owner shall designate an office or location as a site for reporting accidents or injuries. The office shall be open during operating business hours and shall be marked with clear signage. The owner shall be responsible for ensuring that the amusement incident report, or a form supplied by the owner containing the same information, has been completed. More than one office or location may be required so that the locations are within reasonable walking distance from any ride.(11)Required Notices of Rider Responsibility. (a) Printed notices advising the rider of the reporting requirements shall be in English, easily accessible to the general public, in areas where rides covered by 520 CMR 5.00 are operating, including all entrances, exits, and shall identify locations for receiving forms and the first aid station(s).(b) Owners shall post warnings and directions for each ride which comply with the manufacturer's requirements. Such warnings shall be clearly legible and shall be in a conspicuous location.(c) This sign shall be next to, above, below or may be combined with the required signs regarding accident reporting, rider conduct and warnings.(12)Rider Conduct. (a) The owner shall have the right to refuse any member of the public admission to a ride if his or her conduct might endanger himself, herself or other members of the public.(b) The owner shall have the right to refuse admittance to any rider if the intended rider's health or physical condition makes it unsafe to use the ride.(c) The owner shall refuse a rider admission to a ride if the rider cannot meet a companion, height, or other physical restriction.(13)Serious Injury/Investigation. (a)Notification. Within one hour from the time that a serious injury or mechanical malfunction becomes known or should have been known, the owner or his or her representative shall report the incident to the following telephone number: 508-820-1444. The amusement 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 amusement device and area surrounding the amusement device shall not be disturbed, cleaned, or altered in any way that will impede the investigation. The Department shall investigate the incident pursuant to M.G.L. c. 140, § 205A.(b)Investigation. 1. In the event that a serious injury or mechanical malfunction (major damage to device without injury) incident occurs as a result of a malfunction of an amusement device or a serious injury incident results in major damage to the amusement device or any of its component systems, the amusement 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 amusement device as the result of the malfunction of the device or a serious injury results in major damage to the amusement 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.2. In the event of a serious injury incident/mechanical malfunction, the owner and operator of the amusement device shall be responsible for securing the amusement device and shall be accessible to the Department and its state inspector.(14)Transfer of Ownership. Upon the transfer of ownership of any amusement device, the owner of the amusement device being transferred shall notify the Department in writing of the transfer, and shall transfer all records pertaining to that amusement device to the new owner. The new owner shall obtain a new license and permit prior to operating the amusement device.(15)Non-destructive Testing (NDT) Requirements and Reports. (a)NDT Plan. 1. The owner shall obtain all required non-destructive testing (NDT) plans from the manufacturer. The plan shall include the non-destructive testing requirements and schedules. The NDT plan shall include provisions for the non-destructive testing of critical structural and mechanical components, including, but not limited to, journals, shafts, spindles, and pins not visible to the naked eye. All documentation submitted shall comply with ASTM F 846 (2009).2. The non-destructive testing plan shall include, but not be limited to: a. The part to be tested, including photographs or illustrations;b. The percentage of parts of each type to be tested;c. How often the parts are to be tested; andd. Type of NDT specified by manufacturer.3. Where there is no manufacturer to provide the required documents to the owner, the owner shall submit to the Department a non-destructive testing plan prepared by a Massachusetts registered professional engineer or other qualified professional with training, experience, and certification pertaining to the inspection and evaluation of amusement rides that is acceptable to the Department.4. When the applicant encounters practical difficulty in providing these documents, the applicant may request that the Department approve a schedule for the submission of the required documents.(b)Testing. Non-destructive testing shall be performed by the individuals holding nationally recognized certification to perform such testing. The owner shall ensure compliance with the provisions of 520 CMR 5.07(14)(b).(c)Report. 1. Individuals performing the testing shall document their findings in a report and shall submit a copy of their report to the Department, and the owner.2. The report of the non-destructive tests shall include the following: a. The name and business address of the owner;b. The date and location where the test was performed;d. The manufacturer's name, the serial number of ride, and the USID number;e. The name and business address of the firm that conducted the test;f. The type of non-destructive test performed and a description of the test equipment by name and serial number;g. The results and certification of results and the criteria used for acceptance or rejection of the part(s);h. The part name, part number, and quantity of each part that was inspected;i. A statement that the test was performed in compliance with the ride manufacturer's maintenance manual or bulletin, identifying the bulletin by number
and giving the date of publication or revision, a copy of the NDT statement, U.S.
Consumer Product Safety Commission (CPSC) test requirement, owner's requirement
or Department requirement being followed;
j. A detailed map, drawing, or photograph of sufficient clarity showing the area tested;
k. If rejected, a detailed sketch of the area repaired, the manufacturer's recommendation for repair, repair method used and the results of the retest;
l. Level of certification and signature of person performing test; andm. Level of certification and signature of person interpreting the test results.3. The report required above shall be received by the Department prior to operation of the ride in the Commonwealth or prior to the expiration date of the NDT report on file with the Department.(16)Criminal History Inquiries. (a) All Owners shall submit for the Department's approval, a pre-employment criminal history inquiry procedure as a condition for their license.(b) At a minimum, the procedure must include the following provisions: 1. 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, maintenance technician, ride operator, and operator assistant, pursuant to M.G.L. c. 6, § 172(c) and the rules and regulations promulgated pursuant to M.G.L. c. 6, § 171.2. The owner will make all reasonable efforts to complete the inquiry prior to making an offer of employment for these positions.3. 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 employee is at all times under the direct supervision of an employee for whom a criminal history inquiry has been completed.4. The owner will require that each applicant for employment for these positions who are 18 years of age or older provides consent to an inquiry as part of his or her application for employment.5. The owner will inform the applicant that the information may be utilized by the owner in the determination of suitability for employment. The Department may periodically review the records of all CORI requests made by owners to ensure compliance with M.G.L. c. 6, §§ 168 through 175.6. 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.(c) 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.(d) Owners shall comply with all terms outlined in the procedures submitted to the Department pursuant to 520 CMR 5.02(16)(c).(e) In addition to the requirements set forth in 520 CMR 5.04(16)(a) through (e), owners must conduct criminal history inquiries on all individuals 18 years of age or older who are currently employed or seeking employment as a certified maintenance mechanic, maintenance technician, ride operator, or operator assistant.Amended by Mass Register Issue 1281, eff. 2/27/2015.Amended by Mass Register Issue 1335, eff. 3/24/2017.