Manufacturer Responsibility

(1) Scope. 520 CMR 5.05 establishes responsibilities for manufacturers of amusement devices other than inflatables. (2) General Requirements. (a) The manufacturer shall ensure that all rides are designed and constructed in compliance with the ASTM in compliance with other standards adopted by 520 CMR 5.00 as well as M.G.L. c. 140, § 205A (b) The manufacturer shall provide the owner and the Department with a completed manufacturer’s data sheet. (3) Quality Assurance Manual. The manufacturer shall provide the Department with a quality assurance manual that is in compliance with ASTM F-1193. (4) Retention of Documents, Drawings and Calculations. All required quality assurance documents including, but not limited to, material certifications, test reports, inspection reports, drawings and calculations shall be retained by the manufacturer for at least the design life of the ride or 20 years from the date of last manufacture, whichever is longer, or until all such rides have been destroyed or scrapped. (5) Notification, Bulletins and Other Information as Required by the Department. (a) 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. (b) The manufacturer of a ride shall also provide to the Department and to all known owners of the ride in the Commonwealth: 1. All bulletins and notifications on rides; Information as necessary for those rides that have individual approval or supplemental modification certification based on the manufacturer’s documentation supplied by the owner or responsible person; and 3. Other documents requested by the Department as a result of an incident involving a ride. (6) Departmental Remedies for Non-compliant Manufacturers. The Department shall have the authority to prohibit the use of any amusement device in the Commonwealth until such time that the manufacturer has: (a) Complied with the orders of the Department requiring engineering analysis to be prepared and submitted to the Department; (b) Submitted to the Department all safety bulletins issued on the amusement device or classes of amusement devices, as well as all operational and maintenance manuals for the amusement device; and (c) Complied with any orders imposed by the Department in order to bring the amusement device into compliance with 520 CMR 5.00.