Massachusetts Department of Public Safety’s Regulation of Climbing Walls and High Challenge Course Elements

Background to the Regulations
Frequently Asked Questions

Posted: November 30, 2005
Contact Information

March 29, 2007

The Department of Public Safety issued a memo to us on March 26 that states the following:

"The final regulations pertaining to Challenge Courses and Climbing Wall Facilities have been submitted to the Secretary of State's Office for publication. As the Department previously stated, our goal has been to promulgate regulations pertaining to Challenge Courses and Climbing Walls in early 2007 with the intent to begin enforcement with the 2007-2008 school year. Consistent with that goal, the new regulations as included in 520 CMR 5.00 et. seq., and specifically 520 CMR 5.14 and 5.15, are expected to be published on April 6, 2007 in the Massachusetts Register, #1075.They may be viewed now at the Department's website, www.mass.gov/dps/.

Enforcement of the regulations pertaining to challenge courses and climbing wall facilities will begin on September 1, 2007 to give owners time to come up to speed with the provisions contained within the regs. The intent of this delay in enforcement is to provide adequate time for implementation and training. This explicit provision may be found at 5.14(1)(b) (challenge courses) and 5.15(1)(b) (climbing wall facilities), respectively."

You only need to read the definitions that relate to Challenge Courses found in Section 5.01 and the Challenge Course Regulations found near the end of the document in Section 5.14. Note that Climbing Wall Facilities (see the definition for this term in Section 5.01) have a separate section following the Challenge Course section. If you have a climbing wall as part of your Challenge Course, you are defined as having a Challenge Course for the purpose of the regulations. Please continue to monitor the Department of Public Safety's web site for updates.

Posted: January 10, 2007

Department of Public Safety’s Notice of Public Hearing:

The Department of Public Safety has called a Public Hearing to discuss proposed Challenge Course regulations is scheduled for Friday, January 19, 2007 at 10:00AM at One Ashburton Place, Boston. We have not been notified of further details about the room where the meeting will take place. The latest draft of the regulations has been posted on the DPS web site and are included as part of regulations for all amusement devices. The challenge course section is shown in red near the end of the document, along with those for climbing wall facilities (climbing gyms). Definitions for challenge course regulations are in the front part of the document, also shown in red:

http://www.mass.gov/Eeops/docs/dps/inf/520cmr5.00_challenge_course.pdf

We encourage you to continue to check their site for further details about the implementation of the regulations.

The new challenge course regulations remain in draft form. We have been told by the DPS that the regulations will be promulgated some time after the Public Hearing. We have also been told by the DPS that they will not be enforcing the regulations until after this school year. We will notify you of these dates as we are made aware of them.

Even though the application form for a challenge course license is shown on the DPS website at this time, we advise you to not fill it out until the regulations have been finalized, as the requirements are in flux.

Posted: June 13, 2006

Department of Public Safety’s Extension of Moratorium on Enforcement of Challenge Course Regulations Notice:

On June 9, 2006, The Massachusetts Department of Public Safety extended the moratorium on the enforcement of challenge course regulations to January 1, 2007. Note that challenge courses and climbing walls may continue to be operated without a license until that date.

http://www.mass.gov/dps/inf_amuse_challenge_%20course%20owners.pdf

The new challenge course regulations remain in draft form. We have been told by the DPS that there will be a formal public hearing on the regulations sometime in July and the final version of the regulations completed and posted before September 1. We will notify you of these dates as we are made aware of them.

Even though the application form for a challenge course license is shown on the DPS website at this time, we advise you to not fill it out until the regulations have been finalized, as the requirements are in flux.

Posted: June 1, 2006

Massachusetts Department of Public Safety’s recently drafted regulations concerning Challenge Courses:

http://www.mass.gov/dps/inf_amusement_course_challenge.htm

Posted: March 7, 2006

Department of Public Safety’s Extension of Moratorium on Enforcement of Challenge Course Regulations Notice:

http://www.mass.gov/dps/EXT-MORA-CHALLENGE-CHALLENGE.pdf

Posted: January 19, 2006

We’ve made some important steps forward in our work with the Department of Public Safety (DPS). On January 5 we, along with other representatives from the ACCT Government Relations Committee, met with the Commissioner, the Assistant Chief of Inspections and the General Council from the DPS. This meeting took place at a local high school where we were able to demonstrate how a challenge course and a climbing wall operate in a school environment. As a result of this meeting, the Commissioner has agreed to work with us on the development of new challenge course and climbing wall regulations, to be applied instead of the current amusement regulations. This is a positive development that we hope will lead to better regulations designed specifically for challenge course programs.

The deadline for obtaining a license to operate a challenge course and/or climbing wall is March 31, 2006. We cannot anticipate every change that might occur between now and that date, as the regulations are in the process of being written. Nevertheless, there are some important steps that programs can take now to help to prepare for the new regulations.

1. Annual Inspection
Annual professional course inspections are an accepted and mandatory industry practice, and there is very little doubt that they will be required by the new regulations. If your last course inspection was more than one year ago you should schedule an inspection now. If your course inspection “expires” before March 31, 2006 then you should also schedule a course inspection. Project Adventure’s inspectors are qualified by the state to perform your professional inspection.

2. Training
At this time we can’t be sure of the exact training requirements needed for a license, but we do know that your staff should be appropriately trained to operate your high challenge course elements, climbing walls and towers. The new regulations will most likely require programs to provide some form of evidence that staff are appropriately trained and that their technical skills are up-to-date. At a minimum we suggest the following: staff should have recently taken (within the past three years) a Technical Skills Intensive open-enrollment workshop or an equivalent on-site technical skills training. Also, PA’s long-standing recommendation is that at least one staff member at each program site has completed PA’s Advanced Skills and Standards. Programs should also consider PA’s Practitioner Certification Program as an excellent option for verifying technical skills competency.

We want to emphasize that these recommendations are based on steps we believe will help programs be prepared, and on recognized best practices in the field. Only when the new regulations are adopted can we be certain of exactly what will be required by the State.

3. Local Operating Procedures (LOP) Manual
We also recommend that all programs have their site-specific policies and procedures documented in a Local Operating Procedures (LOP) manual. Some form of LOP manual is likely to be required as part of the new regulations. PA consultants can provide assistance on the development of your LOP manual. Please contact us if would like some help in this area.

We are working with the DPS with the intention of having the new regulations in place before March 31. You should not apply for a license according to the rules contained in the current amusement regulations, as these rules and forms will be changing. We will notify you when the new forms have been developed and are ready for use.

The Commissioner has made it very clear that challenge courses and climbing walls will be regulated in Massachusetts and that exemption from regulation is not an option. We have therefore decided, along with our colleagues in ACCT, to propose a bill in the Massachusetts Legislature creating a law under which challenge courses and climbing walls will be regulated. If the bill is passed, it will effectively remove us from the current Amusement Device law, and the new regulations will be enforced under the new statute. We will be in touch to tell you of our progress and ask for your support in this effort.

Posted: December 2, 2005

The Massachusetts Department of Public Safety (DPS) has recently decided to designate all climbing walls, towers, and high challenge course elements as “Amusement Devices”. Regardless of their use (i.e., educational, sport or for amusement purposes), if you have a climbing wall or challenge course that requires the use of a harness and a belay system and your course is located in Massachusetts, these regulations will affect you.

Originally the new regulations were put into effect on September 9, 2005. On November 23, the Commissioner of Public Safety decided to delay the enforcement of the regulations for approximately 120 days. This means that you may continue to use your high activities without a state license until March 31. After that date, you will be required by law to have a state-issued license to operate those activities.

We are working with the DPS in partnership with other individuals and organizations including other members of our professional association (ACCT) with the goal of making the licensure process as simple as possible.

The following information was created to help you to better understand the regulations, and to allow you to continue to use your climbing wall and challenge course in compliance with these regulations.

Background to the Regulations

After an incident in May of 2005 where a woman fell to her death from an inflatable climbing wall in Mansfield, MA, “rock walls” began to be defined as Amusement Devices in Massachusetts. Unfortunately, those of us who are not involved in the amusement world were not aware of this action. In late August of 2005, public school superintendents in Massachusetts were notified by mail that climbing walls on their property would need to be licensed as Amusement Devices. The regulations were originally effective as of September 9, 2005.

Since September, we have been in communication with the Department of Public Safety (DPS) to determine how schools and other organizations can continue to operate their climbing walls and towers. The regulations initially only referred to climbing walls. In subsequent meetings with the DPS, we have learned that it is their intention to regulate not only climbing walls but all challenge course elements over 12 feet in height that use a harness and a belay system.

Due to the fact that the regulations were created for amusement park environments, they are challenging to interpret for schools or other similar settings. In a meeting with the Commissioner on November 23, we were granted a 120-day reprieve from compliance in order to have time to work through some of these issues. We are hopeful that in the next few months we will be able to work with the DPS to improve the regulations to make them more applicable to educational settings.

Frequently Asked Questions

Can I use my climbing wall, climbing tower or high challenge course?
Yes, but only until March 31, 2006. After that date, you will need a license to operate any harnessed and belayed activity in Massachusetts. According to the DPS, climbing walls and high challenge course elements are now classified as “Amusement Devices”.

How can I prepare to get my state license before April 1, 2006?
We cannot anticipate every change that might occur between now and March 31. However, the following three steps should help you in preparation for becoming licensed:
1. Annual Inspection
You will need to provide an inspection report conducted between March 31, 2005 and March 31, 2006 by a qualified inspector.
2. Training
Your staff should be appropriately trained to operate high challenge course elements.
3. CORI (Criminal Offender Record Information) Report
All staff operating climbing walls and high challenge course elements must have their criminal offender record information evaluated. For more information:
http://www.mass.gov/dps/criminalguideline.htm

Are these three requirements above all that I have to do to get a license?
No. The application process is currently under review and may be revised by the DPS. However, the three above requirements will give you a good start on the process.

How long is the license valid?
It appears that the license will be valid for one year provided the licensed organization has insurance coverage for that period of time.

What will the renewal process look like?
You will have to submit a new license application each year.

Where else can I find information about this topic?
http://www.mass.gov/dps/

How should I keep myself informed of the situation?
We are working diligently with the DPS to make the process of obtaining a state amusement license as easy as possible for you. We will continue to update this webpage with the most recent information on this topic as well as information on how to comply with the regulations that will be enforced in April 2006.

Posted: November 30, 2005

Department of Public Safety’s Delay in Enforcement Notice:
http://www.mass.gov/dps/CHALLENGECOURSE.pdf

LOPs and Training:
Rich Klajnscek
978-524-4648
richk@pa.org