520 CMR 5.09
Inflatable Devices
(1) General Administrative Procedures.
(a) Scope. 520 CMR 5.09(1) establishes general administrative provisions including license
and permit issuance, fees, and inspections for inflatable devices.
(b) Issuance of Annual License and Permits Denials; Appeals.
1. No person shall manufacture or sell for use in the Commonwealth, operate, arrange
for, or cause to be used, any inflatable device that is not in compliance with 520 CMR
5.09.
2. Prior to any amusement owner being licensed to operate in the Commonwealth, the
owner shall provide the following documents to the Department:
a. Completed application as provided by the Department;
b. Required fees in accordance with the fee schedule set forth in 801 CMR
4.02: Fees for Licenses, Permits, and Services to be Charged by State Agencies;
c. Certified Inspector Report (except for small inflatables);
d. Certificate of insurance demonstrating compliance with M.G.L. c. 140, § 205A,
and 520 CMR 5.09.
e. A list of the ride operators trained in conformance with the manufacturer's
specifications and certified by the owner. Such list shall include the names of the
certified ride operators who are 18 years of age or older and the devices for which
they have been trained and certified to operate.
f. A list of staff operating belay systems for portable, fabricated inflatable rock walls
with a height in excess of 12 feet measured from the landing surface to the highest
anchor, who have been provided training as specified by the climbing wall
manufacturer and\or belay system manufacturer. The owner shall require a
certification signed by the belay operator indicating the ride name and level of
training. This certification shall be kept on file by the owner for at least three years.
g. A list of Certified Inflatable Device Mechanics and a Certificate issued by the
Department pursuant to 520 CMR 5.09(1)(j) for each Certified Inflatable Device
Mechanic.
h. A completed Criminal Offender Record Information (CORI) Request Form.
i.
A Pre-employment criminal history inquiry procedure in accordance with
520 CMR 5.09(2)(h).
j. For portable, fabricated inflatable rock walls with a height in excess of 12 feet
measured from the landing surface to the highest anchor; the owner shall affirm that:
i.
Anchor supports for the wall comply with manufacturer specifications,
EN12572 or CWA Engineering Specifications;
ii. Only automatic belay systems are used;
iii. Anchor supports for climbing wall meet the requirements of the auto belay
manufacturer;
iv.
Integral base and guardrail systems are provided as required by the
manufacturer;
v. Harnesses that conform to either the rock wall manufacture recommendations
ASTM F1772, UIAA105, or EN12277 are used by all patrons;
vi. Helmets that conform to either the rock wall manufacturer recommendations,
EN12492 or UIAA106 or equivalent ASTM standards are used by all patrons.
3. The owner shall apply for an annual license at least ten days prior to commencing
operations each year on a form supplied by the Department. An annual license shall be
valid for a period of one year or until the expiration of the insurance certificate,
whichever occurs sooner.
Licensure shall be conditioned upon the completion of a CORI inquiry by the
Department pursuant to authorization granted by the DCJIS in accordance with
M.G.L. c. 6, § 172(b) and (c) and in accordance with the Department’s guidelines for
evaluating CORI reports.
5. Upon approval, the Department shall issue a license to the owner to operate in the
Commonwealth and permits for all inflatable devices identified in the application. The
owner shall mark each inflatable device with a designated number for each approved
inflatable device.
6. No inflatable device shall be operated without a valid annual license and permit.
7. Denial; Appeals. The Commissioner may refuse to issue a license to an applicant
based on the following grounds:
a. Submittal of an incomplete application or submittal of an application on a form
not authorized by the Department;
b. Failure to submit a Pre-employment criminal history inquiry procedure;
c. Failure to submit required fees;
d. Knowingly submitting false, invalid, incorrect or fraudulent information;
e. Failure to submit a CORI Request Form;
f.
If at the time of application, the applicant is under investigation by the
Department or other law enforcement agency in connection with the operation of
inflatable devices;
g. If the Commissioner finds that the applicant does not possess the integrity and
general fitness to operate amusement devices in a safe manner and in the public
interest consistent with 520 CMR 5.00 or M.G.L. c. 140, § 205A.
8. If the Commissioner refuses to issue a license, he shall notify the applicant in writing,
setting forth the reasons for the denial. Within 21 days of receipt of the denial, the
applicant may make written demand upon the Commissioner for a hearing before the
Commissioner or his or her designee to determine the reasonableness of the
Commissioner’s action. The hearing shall be held promptly and in accordance with
M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.
9. If, after a hearing, the Commissioner denies the issuance of the license, he or she
shall notify the applicant in writing. Such notice shall be sent by certified mail and first
class mail and shall contain the reasons supporting the denial. Within 30 days after
receipt of the notice, the applicant may appeal such denial to Superior Court in
accordance with M.G.L. c. 30A, § 14.
(c) Fees. A fee shall be paid by the applicant for each inflatable device listed in the
application in accordance with the fee schedule as set forth in 801 CMR 4.02: Fees for
Licenses, Permits and Services to Be Charged by State Agencies.
(d) Insurance Requirements.
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.
Certified inspectors shall also furnish proof of general liability insurance in the
minimum amount of $1,000,000 per occurrence limit written on an occurrence form.
(e) State Identification Numbers.
1. Each inflatable device shall be identified using a number issued by the Department
and marked on each device.
2. When an inflatable device is approved, the Department shall assign an annual permit
number to each device which shall be kept by the Department to identify that the
inflatable device conforms with the requirements to be licensed for that year.
3. New inflatable devices that do not have a Departmental issued number shall receive
such number upon application for the annual permit along with other documentation
required by 520 CMR 5.00.
(f) Inspector and Police Admission to Grounds. As a condition of the license, owners shall
grant unlimited access to any law enforcement officers fire officials or inspector(s) of the
Department to the grounds and devices covered by520 CMR 5.09 in the performance of their
duties.
(g) Inspections.
1. All large inflatable devices shall undergo an annual inspection that shall include but
is not limited to all components specified by the manufacturer. All manufacturer
recommendations pertaining to specialized testing and inspection procedures shall be
followed.
2. Inspection by the Certified Inspector.
a. All large inflatable devices shall be inspected by a certified inspector prior to
being allowed to operate in the Commonwealth. Small inflatables are not required
to be inspected by a certified inspector prior to operation.
b. The certified inspector shall ensure that the manufacturer’s specifications and
recommendations as they pertain to parts to be disassembled, inspected, and replaced
are followed.
c. The certified inspector shall review all maintenance records for the inflatable
device from the previous year and ensure that all pertinent safety bulletins and
manufacturer specified repairs/modifications/upkeep requirements have been
implemented where necessary.
d. For portable, fabricated inflatable rock walls with a height in excess of 12 feet
measured from the landing surface to the highest anchor; the inspector shall confirm
that:
i.
Anchor supports for the wall comply with manufacturer specifications,
EN12572 or CWA Engineering Specifications;
ii. Only automatic belay systems are used;
iii. Anchor supports for climbing wall meet the requirements of the auto belay
manufacturer;
iv.
Integral base and guardrail systems are provided as required by the
manufacturer;
v.
Harnesses provided conform to either the rock wall manufacturer
recommendations ASTM F1772, UIAA105, or EN12277;
vi.
Helmets provided conform to either the rock wall manufacturer
recommendations, EN12492 or UIAA106 or equivalent ASTM standards.
e. The certified inspector will document, both in report form and photographs, any
unusual issue that may be discovered. The inspector shall notify the owner and shall
not certify the inflatable device until the issues are abated.
f. Upon completion of the inspection, the certified inspector shall document any and
all findings that require attention as per the manufacturer, as well as any areas that
are of concern to the certified inspector for further observation.
g. The certified inspector shall review all maintenance documentation concerning
device repairs, all modifications and standard upkeep for the previous year. The
certified inspector shall document any issues of concern and notify the owner of such
concerns. Issues directly affecting the safety and integrity of the device shall be
immediately addressed. The certified inspector shall not certify a device until the
issues have been appropriately abated.
h.
The certified inspector shall submit a report to the Department on a form
provided by the Department. This report shall:
i. Identify all major modifications performed on the ride for the past year;
ii. Confirm the review of the maintenance logs from the previous year;
iii. Identify items found to be out of compliance and what was done to bring the
device into compliance;
iv. Include the signature of the certified inspector; and
v. State the name and Massachusetts Certificate of Competency License Number
of the certified inspector printed legibly.
(h) Acceptance Inspection.
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) Inspections by the State Inspector.
1. a. Small Inflatables. All small inflatable devices may be inspected by a state
inspector at any time during the season as deemed necessary by the Commissioner
to ensure that they are in compliance with 520 CMR 5.09. Small Inflatable devices
may be inspected at the owner's designated location. The Department may charge a
fee for inspections in accordance with the fee schedule set forth in 801 CMR
4.02: Fees for Licenses, Permits, and Services to Be Charged by State Agencies.
b. Large Inflatables. Prior to the use of any large inflatable device, the state
inspector may inspect the general safety of all large inflatable devices at the location
of the set up to ensure that they are in compliance with 520 CMR 5.09.
2. The general safety inspection for all inflatable devices may include:
a. A review of all maintenance records;
b. A review of the daily operator logs;
c. A visual inspection of the device including:
d. Identification of the ride;
e. Inspection for adjacent hazards and interferences;
f. Inspection of the ride for obvious excessive wear;
g. Review of the blower, motor, and cord;
h. Anchorage points and stakes and/or weights.
i. For portable, fabricated inflatable rock walls with a height in excess of 12 feet
measured from the landing surface to the highest anchor; the inspector shall confirm
that:
i.
Anchor supports for the wall comply with manufacturer specifications,
EN12572 or CWA Engineering Specifications;
ii. Only automatic belay systems are used;
iii. Anchor supports for climbing wall meet the requirements of the auto belay
manufacturer;
iv.
Integral base and guardrail systems are provided as required by the
manufacturer;
v.
Harnesses provided conform to either the rock wall manufacturer
recommendations ASTM F1772, UIAA105, or EN12277;
vi.
Helmets provided conform to either the rock wall manufacturer
recommendations, EN12492 or UIAA106 or equivalent ASTM standards.
3. The state inspector shall document any issues of concern and immediately notify the
owner, or his representative, of such concerns. Issues directly affecting the safety and
integrity of the device shall be immediately addressed. Upon completion of the
inspection, the state inspector shall provide the owner, or his representative, with a
written inspection report.
4. If a ride is not certified at the time of inspection, the state inspector performing the
inspection shall state on the Amusement Device Checklist whether a re-inspection is
required after the violation has been resolved.
5. Re-inspection. Where a ride is not certified for operation at the time of inspection
and requires a re-inspection, an owner shall apply to the Department for a re-inspection.
6. The Department may charge a fee for re-inspection of a device in accordance with the
fee schedule set forth in 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be
Charged by State Agencies.
7. Device Preparation.
a. The owner shall ensure that the large inflatable device is ready for the state
inspection and operation at the scheduled time for the state inspection.
b. If the large inflatable device is not ready at the time of the scheduled state
inspection, it shall be deemed to have failed the inspection. The inflatable device
shall not operate until all violations have been resolved to the satisfaction of the
Commissioner or his or her designee.
c. Personnel shall be available to operate all inflatable devices during the state
inspection.
8. Variance.
a. If the owner or manufacturer believes that full compliance with 520 CMR 5.09
is overly burdensome, the owner or manufacturer may apply to the Commissioner for
a variance from 520 CMR 5.09. The burden is on the applicant to demonstrate in
writing to the Department that the granting of the variance would not compromise
public safety or otherwise undermine the purpose of 520 CMR 5.09. Application for
a variance shall be made on a form provided by the Department for this purpose shall
contain such information as is required by the Department, and shall be signed by the
applicant.
b. Upon receipt of an application for a variance, the Commissioner, or his designee
may:
i. Grant the application with whatever conditions are deemed appropriate;
ii. Deny the application without a hearing;
iii. Any person aggrieved by this decision may file a request for an adjudicatory
hearing with the Department within 30 days of receipt of the decision. All
adjudicatory hearings shall be held in accordance with the provisions of
M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. Any person
aggrieved by a decision made after a hearing may appeal to the Superior Court
in accordance with M.G.L. c. 30A, § 14.
(j) Certified Inflatable Device Mechanic State Certification. Any individual who performs
maintenance on inflatable devices for an owner may apply to the Department to be certified
as a Massachusetts certified inflatable device mechanic through an examination administered
by the Department, except that an individual who holds a NAARSO or AIMS Level I or II
certification may be certified by the Department by providing proof of said certification in
lieu of taking an examination. A certificate shall continue in force until the date of birth of
the holder occurring more than 12 months but not more than 24 months after the effective
date of such certificate unless suspended or revoked for incompetence or untrustworthiness
of the holder. If any such certificate expires in an even year, any subsequent renewal shall
expire on the next anniversary of the holder's date of birth occurring in an even year. If any
such certificate or renewal thereof expires in an odd year, any subsequent renewal shall
expire on the next anniversary of the holder's date of birth occurring in an odd year. A
certificate issued to a person born on February 29th shall, for the purposes of 520 CMR
st
5.09(1)(j), expire on March 1 .
Certificate Extension - Military Service. If the certificate holder is on active duty with
the armed forces of the United States, as defined in M.G.L. c. 4, § 7, clause forty-third, the
certificate shall remain valid until the certificate holder is released from active duty and for
a period of not less than 90 days following that release. For 520 CMR 5.09(1)(j) to apply,
the certificate holder must be given an Honorable Discharge, a General Discharge, or an
Under Other than Honorable Conditions (UOTHC) Discharge, as noted on their discharge
and separation papers.
(2) Owner Responsibility.
(a) Scope. 520 CMR 5.09(2) establishes the responsibilities of owners of inflatable devices
regarding the safe operation and maintenance of such devices.
(b) Device Equipment.
1. The owner shall not install, operate, or allow to be operated, any inflatable device that
does not have a valid license and permit issued pursuant to 520 CMR 5.09.
2. Existing equipment shall be maintained in accordance with 520 CMR 5.09.
(c) All owners of inflatable devices shall comply with ASTM Standards.
(d) Records.
1. Copies of all manufacturer's bulletins or recommendations received by the owner
shall be forwarded to the Department within 14 days of receipt.
2. The manuals for all large inflatable devices shall be kept with the device and shall be
available for use by the Department.
3. The manuals for all small inflatable devices shall be kept with the owner at a
designated location and shall be available to the Department upon request and available
to the certified insurance inspector.
A record of all maintenance, inspections and tests for all inflatables shall be
documented immediately upon completion of the test, inspections and maintenance
performed, and shall be available to the Department for one year. After one year, such
records shall be maintained by the owner and may be stored off site for the life of the
device, unless the inflatable device is transferred to a new owner in accordance with
520 CMR 5.09(2)(k).
(e) Maintenance Repair Log. The certified inflatable mechanic or the maintenance
technician shall complete the maintenance repair log each time maintenance is performed on
the inflatable device. The maintenance repair log shall be signed by the certified inflatable
device mechanic. The maintenance repair log shall include:
1. The name of the inflatable device on which maintenance was performed;
2. The legible name of the person who performed the maintenance and a copy of any
licenses or certificates held by such persons;
3. Details of any repairs performed;
An attachment of other repair related records such as welded repairs and NDT
including but not limited to the manufacturer’s authorized procedure.
(f) Daily Inspection Log.
1. The daily inspection shall be performed by the ride operator for each day before
allowing patrons on a large inflatable device for the day. The inspection log shall
include:
a. The name of the device being inspected;
b. The legible name and signature of person completing the log;
c. The date of the inspection;
d. A detailed list and description of all items being checked.
(g) Itinerary.
1. At least two business days prior to the first date of intended operation of a large
inflatable device, the owner shall submit a complete itinerary to the Department on the
form provided by the Department for this purposes. The itinerary shall:
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: Fees for Licenses,
Permits, and Services to Be Charged by State Agencies.
2. Amendments to the itinerary.
a. The owner shall submit to the Department any additional dates and locations to
the original itinerary at least two business days prior to the first date of intended
operation on a form provided by the Department for this purpose.
b. The owner shall submit any deletions to the original itinerary to the Department
as soon as the owner becomes aware of such deletions.
c. The owner shall submit any substitutions for devices previously identified in the
itinerary to the Department as soon as the owner is aware of the substitution. All
substituted devices must have a valid permit.
3. Owners shall not set up at a location unless they have submitted a proper itinerary for
that location. Owners shall not rely on or use itineraries of other companies in order to
set up at a location. Each owner is responsible for submitting a proper and timely
itinerary for its inflatable devices.
(h) Criminal History Inquiries.
1. All Owners shall submit for the Department’s approval, a pre-employment criminal
history inquiry procedure as a condition of their license. At a minimum, the procedure
shall include the following provisions:
a. The owner will conduct criminal history inquiries of all individuals 18 years of
age or older seeking employment for the positions of certified maintenance mechanic,
certified inflatable device mechanic, maintenance technician, ride operator, and
operator assistant pursuant to M.G.L. c. 6, § 172(c).
b. The owner will make all reasonable efforts to complete the inquiry prior to
making an offer of employment for these positions.
c. The owner may offer provisional employment to an applicant not to exceed a
period of 14 days, provided that the criminal history inquiry has been initiated and
that the provisional employees is at all times under the direct supervision of an
employee for whom a criminal history inquiry has been completed.
d. The owner will require that each applicant for employment for these positions
provides consent to a CORI inquiry on a form provided by the DCJIS as part of his
or her application for employment.
e. The owner will inform the applicant that the CORI may be utilized by the owner
in the determination of suitability for employment. The Department may periodically
review the records of CORI inquiry requests made by owners to ensure compliance
with M.G.L. c. 6, §§ 168 through 175.
f. The signature of the owner or the owner’s designee certifying the licensee’s intent
to comply with the provisions included in the criminal history inquiry procedure
submitted to the Department.
2. Owners may collect additional criminal offender information on employees for these
positions provided that such information is lawfully obtained and that the procedure to
collect such information is submitted to and approved by the Department prior to
licensure of the owner.
Owners shall comply with all terms outlined in procedures submitted to the
Department pursuant to 520 CMR 5.09(2)(h)2.
(i) Ride Operators.
1. The owner shall provide a ride operator for all large inflatable devices and may
provide ride operators for small inflatables.
2. Qualifications.
a. The ride operator shall be 18 years of age or older.
b. The ride operator shall not operate any inflatable device while under the influence
of drugs or alcohol.
c.
The ride operator shall have a complete knowledge of the operation of the
inflatable device.
3. Training. The owner shall properly train all ride operators to operate the inflatable
based on manufacturer requirements covered by the operational manual and any
supplemental safety bulletins, safety alerts or other notices related to operational
requirements.
4. The owner shall ensure that each ride operator:
a. Has read and understood the manufacturer’s recommendations for the operation
of the ride and, if applicable, any operations manual provided by the owner;
b.
Knows the safety-based limitations, including height, weight or other rider
requirements regarding who may use the device;
c. Is knowledgeable on emergency procedures;
d. Staff operating belay systems for portable, fabricated inflatable rock walls with
a height in excess of 12 feet measured from the landing surface to the highest anchor,
have been provided training as specified by the climbing wall manufacturer and\or
belay system manufacturer. The owner shall require a certification signed by the
belay operator indicating the ride name and level of training. This certification shall
be kept on file by the owner for at least three years.
5. Ride Operator Identification. The operator of a large inflatable shall wear a tag
identifying they have successfully completed the training program for the large inflatable
device they are operating. Any such identification shall include their full name, that they
are 18 years of age or older, their photograph, and the name of the device for which they
are certified.
The owner shall ensure that a ride operator is monitoring the structure and the
activities within the structure anytime a patron is entering, inside or exiting the structure.
Such ride operator shall ensure that the number of patrons in the structure does not
exceed the manufacturer’s recommendations. To ensure public safety, the ride operator
shall reserve the exclusive right to limit the number of patrons in the device and to order
patrons out of the inflatable device. In the event of deflation, or injury, the ride operator
shall immediately order all patrons out of the inflatable device, and shall ensure that the
appropriate medical attention is taken for those injured.
(j) Serious Injury/Investigation.
1. Notification. Any serious injury or mechanical malfunction which occurs on an
inflatable device shall be reported to the following telephone number 508-820-1444
within one hour of the serious injury or mechanical malfunction or discovery of the
serious injury or mechanical malfunction, except where the inflatable device has been
rented. The inflatable device shall not be moved from the site of the serious injury until
approval is granted by a state inspector. The only exceptions to 520 CMR 5.09(2)(j) is
for preservation of life and property, the removal of injured persons or bodies, or to
permit the flow of emergency vehicles. The inflatable device and area surrounding the
device shall not be disturbed, cleaned, or altered in any way that will impede the
investigation.
2. Investigation. In the event that a serious injury occurs on an inflatable device, or any
of its component systems, the inflatable device shall be immediately shut down and
secured until a state inspector has completed an investigation. No person shall move or
alter the serious injury incident scene or the inflatable device, except to remove the
victim(s), until the state inspector has determined that the device is safe. If a serious
injury incident occurs on an inflatable device as the result of the malfunction of the
device or a serious injury results in major damage to the inflatable device or any of its
component systems, a report shall be submitted to the Department within 48 hours as
required under M.G.L. c. 140, § 205A.
(k) Transfer of Ownership. Upon the transfer of ownership of any inflatable device, the
owner of the device being transferred shall notify the Department in writing of the transfer,
and shall transfer all records pertaining to that inflatable device to the new owner. The new
owner shall obtain a new license and permit prior to operating the inflatable device.
(3) Manufacturer Responsibility.
(a)
Scope. 520 CMR 5.09(3) establishes the responsibilities of the manufacturer of
inflatables for operation in the Commonwealth.
(b) All inflatables shall comply with the standard set forth in ASTM F-2374-10: Standard
Practice for Design, Manufacture, Operation and Maintenance of Inflatable Amusement
Devices.
(c) Notification, Bulletins and Other Information as Required by the Department.
When the manufacturer is notified by an owner of an incident, whether in the
Commonwealth or elsewhere, involving a serious injury or a critical structural or
mechanical component of a ride, the manufacturer shall promptly evaluate the
information in that notification and, if necessary, provide, in the form of a safety bulletin,
the results of that evaluation, together with any recommendations to eliminate or prevent
the situation that created the incident, to the Department and to all known owners of the
ride in the Commonwealth.
2. The manufacturer of a ride shall also provide to the Department and to all known
owners of the ride in the Commonwealth:
a. All bulletins, and notifications on inflatables;
b. Information as necessary for those inflatables that have individual approval or
supplemental modification certification based on the manufacturer’s documentation
supplied by the owner or responsible person; and
c. Other documents requested by the Department as a result of an incident involving
an inflatable device.
(d) Departmental Remedies for Non-compliant Manufacturers. The Department shall have
the authority to prohibit the use of any inflatable device in the Commonwealth until such
time that the manufacturer has:
1. Submitted to the Department all safety bulletins issued on the inflatable, as well as
all operational and maintenance manuals for the inflatable device; and
2. Complied with any orders imposed by the Department in order to bring the inflatable
device into compliance with 520 CMR 5.09.
(4) Inflatables for Rent.
(a) Scope. 520 CMR 5.09(4) establishes additional responsibilities of the owner who offers
inflatable devices for rent in the Commonwealth.
(b) Inspection by State Inspector of Large Inflatables for Rent. Prior to the rental of any
large inflatable device, the state inspector may inspect the general safety to ensure that they
are in compliance with 520 CMR 5.09 at the location of the set up.
(c) Inspection by State Inspector of Small Inflatables for Rent. Prior to the rental of any
small inflatable device, the state inspector may inspect the general safety to ensure that they
are in compliance with 520 CMR 5.09 at the owners designated location.
1. The general safety inspection for all inflatable devices may include:
a. A review of all maintenance records;
b. A review of the daily operator logs;
c. A visual inspection of the device including:
d. Identification of the ride;
e. Inspection for adjacent hazards and interferences;
f. Inspection of the ride for obvious excessive wear;
g. Review of the blower, motor, and cord;
h. Anchorage points and stakes and/or weights;
i. For portable, fabricated inflatable rock walls with a height in excess of 12 feet
measured from the landing surface to the highest anchor; the owner shall affirm that:
i.
Anchor supports for the wall comply with manufacturer specifications,
EN12572 or CWA Engineering Specifications;
ii. Only automatic belay systems are used;
iii. Anchor supports for climbing wall meet the requirements of the auto belay
manufacturer;
iv.
Integral base and guardrail systems are provided as required by the
manufacturer;
v.
Harnesses that conform to either the rock wall manufacturer
recommendations ASTM F1772, UIAA105, or EN12277 are used by all patrons;
vi. Helmets that conform to either the rock wall manufacturer recommendations,
EN12492 or UIAA106 or equivalent ASTM standards are used by all patrons.
2. The state inspector shall document any issues of concern and immediately notify the
owner, or his or her representative, of such concerns. Issues directly affecting the safety
and integrity of the device shall be immediately addressed. The state inspector shall not
certify a device until the issues have been appropriately abated. Upon completion of the
inspection, the state inspector shall provide the owner, or his or her representative, with
a written inspection report.
(d) Re-inspection. If the device is not certified by the state inspector, the owner may apply
to the Department for re-inspection. The Department may charge a fee in accordance with
the fee schedule set forth in 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be
Charged by State Agencies.
(e) Ride Operators.
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.
Large Inflatables. Owners of large inflatable devices who choose to rent the
inflatable devices shall provide a Ride Operator to operate the device. The Ride Operator
shall be properly trained to ensure that each rented inflatable device is erected and
anchored in accordance with manufacturers’ specifications.
(f) Operating Instructions. Owners of inflatable devices for rent shall provide renters with
complete operating instructions. Such instructions shall include instructions for the
attendant, maximum capacity, safety guidelines for those entering the structure, and shall
include a list of the potential hazards involved in renting this device, and instructions to
minimize the potential for injury. Such instructions shall also include the accident
notification requirement as listed in 520 CMR 5.09(2)(j).
(g) Serious Injury/Investigation.
1. Notification.
a. Large Inflatable. The owner or attendant shall be responsible for notifying the
following telephone number 508-820-1444 within one hour of any serious injury
incident or the discovery of a serious injury incident on a large inflatable for rent.
The owner or attendant shall be responsible for securing the device and shall be
accessible to the Department and its state inspector. The inflatable device shall not
be moved from the site of the serious injury until approval is granted by a state
inspector. The only exceptions to this requirement are for preservation of life and
property, the removal of injured persons or bodies, or to permit the flow of
emergency vehicles. Theinflatable device and area surrounding the inflatable device
shall not be disturbed, cleaned, or altered in any way that will impede the
investigation.
b. Small Inflatable.
i. In the event of a serious injury incident on a small inflatable device for rent,
the individual renting the inflatable device shall be responsible for securing the
device and shall be accessible to the Department and its state inspector. The
inflatable device shall not be moved from the site of the serious injury until
approval is granted by a state inspector. The only exceptions to this requirement
is for preservation of life and property, the removal of injured persons or bodies,
or to permit the flow of traffic. The inflatable device and area surrounding the
inflatable device shall not be disturbed, cleaned, or altered in any way that will
impede the investigation.
ii. The owner shall notify the Department as soon as it becomes aware or should
have been aware of such an incident.
Investigation.
The Department shall investigate all incidents pursuant to
M.G.L. c. 140, § 205A.
In the event that a serious injury incident occurs on an inflatable device, or any of its
component systems, the inflatable device shall be immediately shut down and secured
until a state inspector has completed an investigation. No person shall move or alter the
serious injury incident scene or the amusement device, except to remove the victim(s),
until the state inspector has determined that the ride is safe. If a serious injury incident
occurs on an inflatable device as the result of the malfunction of the device or a serious
injury results in major damage to the inflatable device or any of its component systems,
a report shall be submitted to the Department within 48 hours as required under
M.G.L. c. 140, § 205A.