Important Information for our Massachusetts Customers

For those of you who are interested in information on the Massachusetts legislation requiring an amusement device permit to operate climbing walls and challenge courses. This update is the news as of May 11, 2007.

Continue to stay tuned for updates here on the website, or call us at (802)254-8718.

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Posted: May 11, 2007

Dear High 5 Customers and Adventure Friends,
 
Although concerns were expressed in the public hearing in January, and through letters to the Commissioner from you and many vendors,  the proposed Challenge Course and Climbing Wall regulations in MA have been moved forward by the Department of Public Safety.
 
On March 25th we received the following information from the Department of Public Safety that we would like to share with you:

"I write today on behalf of the Department of Public Safety to notify you that 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.

Once again, the Department extends its gratitude to all of you for your participation and input during this process.  All of us here look forward to continuing to work with you on matters pertaining to Challenge Courses and Climbing Walls."

High 5 requests that you wait until final forms are released before developing a plan for permitting. High 5 along with some of the other Northeast Professional Vendor Members of ACCT will be available to assist you in the process of permitting. ACCT continues to work on the regulation issue, and updates will be available at the ACCT website at acctinfo.org . This process has been challenging for all involved and will continue to be challenging as we work through the process the DPS has implemented

As your ally in the adventure field, and/or your vendor we will continue to advocate, and educate Massachusett's and other states choosing to implement regulations. Please be aware that we will continue to be involved with the Association of Challenge Course Technology's efforts to influence change to the Massachusett's regulations. In the meantime please take a moment to read the Challenge Course section of the DPS posted regulations (there is a section specific to Challenge Courses and Climbing Walls, you can skip the other parts as they pertain to amusement devices). If you are having trouble understanding the requirements, please call us at (802)254-8718, or your vendor. High 5 will be scheduling regional sessions to help sites with the permitting process once we have been provided accurate forms. Until then, it is best to organize your Local Operating Procedures, Inspections and Training plans with your vendor to be in compliance with the state's requirements.

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January 05, 2007

Hello All and Happy New Year from High 5! I know many of you have read that the Massachusetts regulations take affect January 1, 2007. High 5 would like to inform you that draft regs have  posted on the Department of Public Safety (DPS) website and a public hearing is to take place at 10a.m. on January 19th, 2007 at One Ashburton Place, Boston MA. The draft regulations are available on the DPS website

Given that new regulations are not in effect, please note that you can continue to operate without a license or permit from DPS.  Keep in mind that you should not wait until the DPS implements regulation to plan your inspection, training and/or repairs for 2007

Per the DPS website:
"Please note that until the new regulations are in effect on or about January 1, 2007, climbing walls and challenge courses may continue to operate as they have been without a license or permit from the Department. If you have any questions, please contact Natalie Harmon, Amusement and Tramway Administrator at (617)-727-3200."

The Association for Challenge Course Technology (ACCT) and High 5 as a Professional Vendor Member of the Association have been working on this issue since 2005 when you were first notified of the DPS plan. High 5 encourages you to attend the hearing on the 19th and visit the ACCT website at www.acctinfo.org to see up to date information on ACCT's involvement and plans

We here at High 5 also hope to see you at the February ACCT conference in Boston. The ACCT Government Relations Committee will be presenting on regulatory issues.
As always, feel free to call us here at High 5 if you have any questions at 802-254-8718 x 11. Have a healthy and safe New Year!

Kelly McMillan
Program Design & Grant Development Manager
High 5 Adventure Learning Center
130 Austine Drive, Suite 170
Brattleboro, VT  05301

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	The Commonwealth of Massachusetts Department of Public Safety One Ashburton Place, Room 1301 Boston, Massachusetts 02108-1618 Phone (617) 727-3200 Fax (617) 727-5732
Mitt Romney Governor   Kerry Healey Lieutenant Governor	May 23, 2006	Edward A. Flynn Secretary   Thomas G. Gatzunis, P.E. Commissioner

June 9, 2006

RE: Extension of Moratorium on Enforcement of Challenge Course Regulations

Dear Challenge Course/ Permanent Rock Wall Owner,

Over the course of the past few months, the Department has received helpful feedback from many individuals and organizations involved with the challenge course industry. These discussions have been of great assistance to the Department during the on-going drafting process for the promulgation of regulations.

As a result of the discussions, the Department has determined that additional time is necessary to properly consider all of the suggestions and comments it has received concerning these proposed regulations. Therefore, please be advised that there will be an extension of the moratorium from September 1, 2006 until January 1, 2007 for compliance with the regulations. The extension is being made to ensure that the most effective and safest regulations are implemented.

The Department will continue to reach out to representatives of the industry and will then post a revised draft of the regulations on its website, www.mass.gov/dps .

Please note that until the new regulations are in effect on or about January 1, 2007, climbing walls and challenge courses may continue to operate as they have been without a license or permit from the Department. If you have any questions, please contact Natalie Harmon, Amusement and Tramway Administrator at (617)-727-3200.

Sincerely,

Thomas G. Gatzunis, P.E.

Commissioner

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In regard to the Challenge Course regulations that will go in to effect on September 1, 2006, in Massachusetts, the Massachusetts Department of Public Safety has issued the following announcement:

Please be advised that there will be a meeting of the Amusement Advisory Board on Tuesday, June 6, 2006 at 10:00 a.m. to discuss the recently drafted regulations concerning Challenge Courses.

Please note that this draft is the first step towards promulgating the regulations by the target date of September 1, 2006 and this meeting isintended to provide a public forum for comment.  Please feel free to pass this draft along to others who you feel may be interested in attending the June 6th meeting.  We will also be posting the draft on the Department's website  [www.mass.gov/dps].  The Department will hold at least 1 additional public hearing in the coming months prior to promulgating the regulations for further comment. Thank you.

The meeting will take place at One Ashburton Place, Boston, MA, 02108.

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March 6, 2006 

RE: Extension of Moratorium on Enforcement of Challenge Course Regulations
 
Dear Challenge Course/Permanent Rock Wall Owner,
 
On November 30, 2005, the Department of Public Safety notified you of the Department's intent to promulgate emergency regulations pertaining to challenge courses by March 31, 2006 and begin enforcement of the regulations as part of the existing amusement regulations shortly thereafter. 
 
Over the course of the past few months, the Department has received helpful feedback from many individuals and organizations involved with the challenge course industry and has had the opportunity to discuss the issues which are unique to this segment of the industry. These discussions have been of great assistance to the Department during the on-going drafting process, and the Department has determined that an extension of the moratorium until September 1, 2006 is appropriate at this time to ensure that the best possible regulations are in place and implemented in a reasonable manner.
 
Within the next few weeks, the Department intends to post a draft of the proposed regulations on its website, www.mass.gov/dps.  This will be a draft only, and will not be in effect by emergency.  The Department encourages written comments.  Shortly thereafter, the Commissioner will convene a public forum to discuss the draft regulations and solicit further comments with the intent of promulgating the regulations through the formal process on or before August 31, 2006.  All interested parties are invited to attend.  The Department will begin enforcement of the permanent regulations on or about September 1, 2006 with the expectation that the industry will be fully aware of the new requirements by that time.  If you have any questions, please contact Mark Mooney, Assistant Chief of Inspections at (617) 727-3200.