Massachusetts Dept. of Public Safety

Jurisdiction: 
Massachusetts
Agency: 
Dept. of Public Safety
Overview
Unless otherwise indicated, "devices covered" includes mechanical rides at amusement parks, carnivals and fairs.
Devices Covered: 

Includes inflatables, go-karts, challenge courses, climbing walls, trackless trains, carnival and rental inflatables, bungee jumping, inclined railways or similar devices,

Inspection Program: 

Annually by 3rd-party inspectors for amusement rides and large inflatables. Small inflatables (including rentals) may be inspected by a state inspector anytime during the season as deemed necessary.

Investigative Authority: 

If a serious injury (e.g. death/dismemberment) results from a ride malfunction, or results in major damage to the ride or component system, the device must be shut down and secured until a state inspector has completed an investigation.

Reporting Criteria: 

Accidents resulting in serious injury or major damage to the ride/device must be reported within one hour. Serious injury is defined as "personal injury/illness that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury/illness that requires immediate admission and overnight hospitalization and observation by a licensed physician".

Patron Responsibility Law: 

5.03: Rider Responsibility
(1) Scope. 520 CMR 5.03 establishes the rider’s responsibilities when using amusement devices including inflatables.
(2) Rider Responsibility Requirements. There are inherent risks in the participation in or on any amusement device. Riders accept the risks inherent in such participation of which the ordinary prudent person is or should be aware.
(a) Riders shall exercise good judgment and act in a responsible manner while using any amusement device. Riders shall obey all oral warnings by the ride operator, certified maintenance mechanic, or any inspector.
(b) Riders shall obey all instructional and warning signs clearly posted on the amusement device.
(c) Riders shall not place themselves on any amusement device when under the influence of drugs or alcohol.
(d) Riders shall use all amusement ride safety devices provided on a ride to ensure their safety. No person shall bypass, remove or make any safety device inoperable.
(e) Riders have a responsibility to notify the ride operator of any pre-existing health conditions that may negatively affect the health and safety of the rider if he or she were to ride the amusement device."

Date of last update: 
April 10, 2017