520 CMR 5.14
Challenge Courses
(1) General Administrative Procedures.
(a) Scope. 520 CMR 5.14 establishes the general administrative provisions including
license and permit issuance, fees, and inspections for Challenge Courses. 520 CMR 5.14
applies to Challenge Courses not located in amusement parks or carnivals. 520 CMR 5.14
does not apply to Challenge Courses having only low elements.
(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 Challenge Course that is not in compliance with 520 CMR
5.14.
Prior to any Challenge Course 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 of Licenses, Permits, and Services to Be Charged by State Agencies;
c. Certified Inspector’s report(s);
d. Certificate of insurance demonstrating compliance with M.G.L. 140, § 205A, and
520 CMR 5.14(1)(d);
e. The name of the designated Challenge Course Manager;
f. A list of the Challenge Course Staff trained in compliance with the specifications
of the Qualified Challenge Course Professional;
g. The Staff Training Plan;
h. A completed Criminal Offender Record Information (CORI) Request Form;
i.
A pre-employment criminal history inquiry procedure in accordance with
520 CMR 5.14(2)(h);
j. Name and qualifications of the Qualified Challenge Course Professional;
k. Attestation of annual personnel training; and
l. Site plan(s) numbered sequentially beginning with element number 01.
3. The owner shall apply for the annual license(s) to operate each Challenge Course(s)
at least ten days prior to commencing operations or expiration of the annual license(s) on
a form supplied by the Department.
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. The Department shall assign a state identification number for each
Challenge Course.
6. No Challenge Course Element shall be operated without a valid annual license issued
to the individual Challenge Course.
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
Challenge Course elements.
(g) If the Commissioner finds that the applicant does not possess the integrity and
general fitness to operate Challenge Course elements in a safe manner and in the
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 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.
9. 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 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) Insurance Requirements.
1. The owner of a Challenge Course shall furnish proof that all individual elements that
comprise the Challenge Course 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 use of the Challenge Course. Proof
of financial responsibility shall be furnished by way of commercial general liability
insurance, or, in the case of self-insured entities, the pecuniary equivalent as approved
by the Commissioner. Owners shall indicate coverage, in the minimum amount of
$1,000,000 per occurrence limit with a $2,000,000 general aggregate limit, or the
statutory limit, written on an occurrence form, a bond, or other substantially equivalent
proof approved by the Commissioner.
2. 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
or other substantially equivalent proof approved by the Commissioner, not later than ten
days prior to the operation of the Challenge Course.
a. 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.
b. 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.
(d) State Identification Numbers.
1. Each Challenge Course shall be identified using a number issued by the Department
and posted on each course.
2. When a Challenge Course is approved, the Department shall assign a USID number
to each course to identify to the public that the challenge course conforms to the
requirements for licensing.
3. New Challenge Courses that do not have a Department-issued number shall receive
such number upon application for the annual license along with other documentation
required by 520 CMR 5.00.
4. The Challenge Course USID number shall be visibly displayed at the site of the
course.
(e) 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, elements and structures covered by 520 CMR 5.14 in the
performance of their duties.
(f) Inspection by the Certified Inspector.
1. Inspection by the Certified Inspector.
a. All Challenge Course elements and equipment shall be inspected by a Certified
Inspector in accordance with the ACCT Standards or equivalent standards as
approved by the Commissioner prior to being allowed to operate in the
Commonwealth.
b. The Certified Inspector shall examine maintenance records for the elements from
the previous year and ensure that all required corrective actions and manufacturer
specified repairs, modifications, and upkeep requirements have been implemented.
c. The Certified Inspector shall examine the Local Operating Procedures to verify
that they are based upon the Qualified Challenge Course Professional's Standard
Operating Procedures and are in compliance with ACCT Standards 8th Edition or
equivalent standards as approved by the Commissioner.
d. Upon completion of the inspection, the Certified Inspector shall document any
and all findings that require attention, as well as any areas that are of concern for
further observation. This information shall be presented in a report to the owner in
accordance with the ACCT Challenge Course Inspection Standards or equivalent
standards as approved by the Commissioner.
e. Issues directly affecting the safety and integrity of the element or equipment shall
be appropriately corrected before the element or equipment is certified by the
Certified Inspector.
f. The owner shall submit the Certified Inspector’s report to the Department along
with a completed Challenge Course Inspection Summary form provided by the
Department. This form shall:
i. Identify items found to be out of compliance;
ii. Document a review of the following records:
a. Specialty inspection reports;
b. Maintenance Repair Logs;
c. Staff Training Plan; and
d. Daily Equipment Inspection Logs;
iii. Identify corrective action requirements, if any; and
iv. State the name and the Massachusetts Certificate of Competency License
Number of the certified inspector, printed legibly.
(g) Acceptance Inspection by the Certified Inspector. An acceptance inspection shall be
performed by a Certified Inspector on all newly installed Challenge Course elements in the
Commonwealth. The acceptance inspection shall be done in accordance with the
requirements of 520 CMR 5.14(1)(h)1. before the element may be operated.
(h) Inspection by the State Inspector.
1. All Challenge Course elements or the equipment associated with such devices may
be inspected by a State Inspector. The Department may charge a fee for inspections in
accordance with the fee schedule set forth in 801 CMR 4.02: Fees of Licenses, Permits,
and Services to Be Charged by State Agencies.
2. A general inspection by the State Inspector of all Challenge Course elements,
Artificial Climbing Structures, and equipment may include the following:
a. A review of the maintenance records for the past 30 days, including Maintenance
Repair Logs;
b. A review of the Daily Equipment Inspection Logs;
c.
A review of the operator Challenge Course Staff training records and Staff
identifications;
d. A visual inspection of the device or structure; and
e. A review of the Certified Inspector's report.
3. 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. Upon completion of the
inspection, the state inspector shall provide the owner, or his or her representative, with
a written inspection report. If any Challenge Course element or associated equipment 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.
4. Re-inspection. Where an element or any associated equipment 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
5. The Department may charge a fee for re-inspection of a device in accordance with the
fee schedule set forth in 801 CMR 4.02.
6. Preparation for State Inspection.
a.
The owner shall ensure that the Challenge Course element and associated
equipment is ready for the state inspection at the scheduled time.
b. If the Challenge Course element and associated equipment is not available at the
time of the scheduled state inspection, it shall be deemed to have failed the
inspection.
c. The owner, or his or her designee shall be available to the State Inspector during
the inspection.
7. Variance.
a. If the owner believes that full compliance with 520 CMR 5.14 is overly
burdensome, they may apply to the Commissioner for a variance from 520 CMR
5.14. 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 5.14. 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.
c. 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. 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.
(2) Owner Responsibility.
(a) Scope. 520 CMR 5.14(2) establishes the responsibilities of owners of Challenge
Courses regarding the safe operation and maintenance of such courses.
(b) Local Operating Procedures Manual. The owner shall be responsible for ensuring that
each Challenge Course site has a Local Operating Procedure (LOP) Manual which is based
on a Standard Operating Procedure that has been verified by the Qualified Challenge Course
Professional and includes a list of items that shall be checked by the Challenge Course Staff
before each day’s use of the element. This manual shall be kept at the site of the Challenge
Course and shall be made available to the Certified Inspector and State Inspectors during
inspection visits.
(c) Challenge Courses.
1. The owner shall not install, operate, or allow to be operated, any Challenge Course
that does not have a valid license, or any element that does not have a valid element
number issued pursuant to 520 CMR 5.14(1)(c).
2. Existing equipment shall be maintained in accordance with 520 CMR 5.14.
3. Climbing equipment used in life support applications associated with the Challenge
Course shall be secured from unauthorized use.
(d) Records.
1. The owner shall submit the Certified Inspector's report to the Department along with
a completed Challenge Course Inspection Summary form as provided by the Department.
2. Copies of all manufacturer's corrective actions or recommendations received by the
owner shall be forwarded to the Department within 14 days of receipt.
3. Local Operating Procedures for all Challenge Course elements shall be kept by the
owner at the Challenge Course business address and shall be available to the Department
and Certified Inspector upon request.
A record of all maintenance, inspections and tests for all elements 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. Challenge Course records may be stored off
site for the life of the device
5. A Staff Training Plan documentation of training performed in accordance with the
Staff Training Plan shall be maintained at the business address of the Challenge Course
by the owner and shall include documentation of training provided by the Qualified
Challenge Course Professional including certificates verifying competency in technical
skills for each Challenge Course Staff. Certificates shall be added to the records as new
Challenge Course Staff are employed, trained and deemed competent in technical skills.
6. The owner shall provide a Challenge Course site plan to the Department at the time
of application, a copy of which shall also be kept on site. All site plans shall include
element numbers beginning with 01 and continuing sequentially until all elements are
numbered.
7. The owner shall provide a list of Challenge Course Staff and an attestation signed by
the owner that at the time of owner licensure the listed individuals have received the
training documented in the Staff Training Plan. Additional attestations shall be filed
promptly by the owner following the employment and training of any new Challenge
Course Manager(s) in accordance with the Staff Training Plan.
(e) Maintenance Repair Log. The Challenge Course Manager or Challenge Course Staff
shall document all maintenance and repairs in the maintenance repair log each time
maintenance or a repair is performed on the challenge course. Maintenance does not include
route setting. The maintenance repair log shall be signed by the Challenge Course Manager.
The maintenance repair log shall include:
1. the date;
2. the element on which the maintenance was performed;
3. The legible name of the person who performed the maintenance and a copy of any
licenses or certificates held by such persons;
4. Details of any repairs performed.
(f) Daily Equipment Inspection Log. The daily inspection shall be performed by the
Challenge Course Staff for each day before allowing participants on an element for the day.
The Daily Equipment Inspection log shall include:
1. The name of the element being inspected;
2. The legible name and signature of person completing the log;
3. The date of the inspection;
4. A detailed list and description of all items being checked.
(g) Itinerary.
1. At least ten business days prior to the first date of intended operation of a Challenge
Course element, the owner shall submit a complete itinerary to the Department on the
form provided by the Department for this purpose. The itinerary shall:
a. Be in writing;
b. Identify the Challenge Course by the USID number;
c. Include requested time and date of inspection;
d. State the date the element is scheduled to begin operation;
e. State the specific locations of use including the municipality, street and street
number or block and lot.
2. 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 elements located on the individual site(s) operated by the owner.
(h) Criminal History Inquiries.
1. All Owners shall submit to a CORI for the Department's review as a condition of
their license.
2. All Owners shall submit for the Department’s approval, a criminal history inquiry
procedure as a condition of their license. At a minimum, the procedure must include the
following provisions:
a. The owner will conduct criminal history inquiries of all individuals 18 years of
age or older who are currently employed or seeking employment as a Challenge
Course Manager or Challenge Course Staff 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 employee 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
consents 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.
3. 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.
4. Owners shall comply with all terms outlined in the procedures submitted to the
Department pursuant to 520 CMR 5.14(2)(h).
(i) Challenge Course Personnel.
1. The owner shall provide properly trained Challenge Course personnel for all
Challenge Course elements.
2. Qualifications for Challenge Course personnel.
a. Challenge Course Managers shall be 21 years of age or older.
b. Challenge Course Staff shall be 18 years of age or older and shall have complete
knowledge of the operation of the element to which they are assigned.
c. Challenge Course Staff Assistants shall operate an element only under the direct
supervision of Challenge Course Staff.
d. Challenge Course personnel shall not instruct on any challenge course element
while under the influence of drugs or alcohol.
3. Training. The owner shall ensure that Challenge Course Managers, Staff and Staff
Assistants are appropriatelytrained for their respective positions. Those individuals who
operate elements shall be trained according to the Staff Training Plan and ACCT
Operations Standards, 8th Edition, or equivalent as approved by the Commissioner.
Trainees shall be instructed on the site’s Local Operating Procedures, be made aware of
the inherent risks involved in each element, including equipment, environmental and
human hazards and shall have appropriate knowledge of applicable ACCT Standards and
any supplemental corrective actions or other documents provided by the manufacturer.
4. Technical Competencies for Challenge Course Staff. The owner shall annually attest
that individuals holding the position of Challenge Course Staff have received an annual
skill assessment that shall be documented in the Staff Training Plan. Training for
Challenge Course Staff shall occur in each of the following technical competency areas
that are applicable to the Challenge Course site:
a. Performing self-belayed climbing competently;
b. Setting up and taking down high element belay equipment and other removable
equipment;
c. Performing belay equipment retrieval from a high element belay cable;
d. Performing appropriate descent from a high element, including but not limited
to self-lowering, rappelling, or climbing down;
e. Evaluating the proper set-up and assessing the physical condition of Challenge
Course elements, including the ability to take appropriate corrective actions where
necessary based on the assessment;
f. Demonstrating the proper use of climbing equipment used on an element,
including but not limited to: harnesses, helmets, belay devices, carabiners, belay
hardware, rope and other cordage, and ladders;
g. Evaluating and tying knots, including but not limited to belay rope attachments
and anchoring, rescue systems, and utility knots to operate elements;
h. Conducting a thorough safety briefing;
i. Performing an effective belay, including demonstration of the proper technique,
position, control, back-up, anchor system, communication;
j.
Assessing and instructing proper belay skills and self-belay procedures and
transfers;
k. Assessing and incorporating spotting when necessary during the operation of a
belayed element;
l. Performing or providing for appropriate technical rescue on any high elements
used in a timely manner; and
m. Performing or providing for appropriate technical rescue on high elements in a
timely manner.
5. The owner shall ensure that each member of the Challenge Course personnel has read
and understands the Local Operating Procedure Manual and is knowledgeable relative
to emergency procedures.
6. The owner shall ensure that the Challenge Course personnel is monitoring activity
on the element at any time a participant is entering, inside or exiting the structure. Such
personnel shall ensure that the number of participants on the structure does not exceed
the manufacturer’s or Qualified Challenge Course Professional's recommendations. To
ensure public safety, the personnel shall reserve the exclusive right to limit the number
of participants on the element and to order participants off of the element. In the event
of injury, the personnel shall immediately order all participants off of the element and
shall ensure that the appropriate medical attention is given for those injured.
(j) Serious Injury/Investigation.
1. Notification. Any serious injury or mechanical malfunction which occurs on an
element shall be reported to the following number (508) 820-1444 within one hour of the
serious injury or discovery of the serious injury. The element 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 5.14(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 challenge
course element and area surrounding the 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.
2. Investigation. In the event that a serious injury occurs on an element or any of its
component systems, the element 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, the element, or structure, 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
element as the result of the malfunction of the element or a serious injury results in major
damage to the element or structure, 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 challenge course element
the owner of the device being transferred shall notify the Department in writing of the
transfer, and shall transfer all records pertaining to that challenge course element to the new
owner. The new owner shall obtain a new license and permit prior to operating the challenge
course element.
(3) Manufacturer Responsibility.
(a)
Scope. 520 CMR 5.14(3) establishes the responsibilities of the manufacturer of
Challenge Courses for operation in the Commonwealth.
(b) All challenge courses shall comply with the standard set forth in the ACCT Challenge
th
Course Standards, 8 Edition or equivalent standards as approved by the Commissioner.
(c) Notification, Corrective Actions and Other Information as Required by the Department.
1. When the manufacturer is notified by an owner of an incident involving a serious
injury or a critical structural or mechanical component of an element the manufacturer
shall promptly evaluate the information in that notification and, if necessary, provide, in
the form of a corrective action, 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 Challenge Courses in the Commonwealth.
2. The manufacturer of an element shall also provide to the Department and to all
known owners of the element in the Commonwealth:
a. All bulletins, corrective actions and notifications on Challenge Course elements;
b. Information as necessary for those elements that have individual approval or
supplemental modification certification based on the manufacturer’s documentation
supplied by the owner or responsible person.
(d) Departmental Remedies for Non-compliant Manufacturers. The Department shall have
the authority to prohibit the use of any Challenge Course element in the Commonwealth until
such time that the manufacturer has:
1. Submitted to the Department all safety bulletins issued on the element or as well as
all operational and maintenance manuals for the element; and
2. Complied with any orders imposed by the Department in order to bring the element
into compliance with 520 CMR 5.14