PETITION OF:

SECTION 1. Chapter 140 of the General Laws is hereby amended by inserting the following section: --

Section 205B. (a) As used in this section and section 62 of chapter 146, the following words shall have the following meanings:

"Challenge course'', a facility or facilities consisting of one or more elements that challenge participants as part of a supervised educational/recreational curriculum, not located in an amusement park. Challenge course elements may include, but not be limited to, artificial climbing structures, beams, bridges, cable traverses, nets, platforms, ropes, swings, and zip wires that employ fall protection systems in their operation.

“Climbing wall facility”, a climbing facility or facilities designed and built for the sport of rock climbing for customers pursuing athletics or recreation, that employ fall protection systems in their operation, not located in an amusement park or as part of a challenge course. Mobile climbing structures, inflatable climbing structures, or moving surface treadmill-type climbing structures are not included as climbing wall facilities.

(b) For the purposes of this section, the commissioner shall adopt rules and regulations establishing standards for the operation and safety of challenge courses and climbing wall facilities for the safety of the public and criteria and procedures for the issuance, denial, renewal, suspension and revocation of a license for such courses or facilities; provided, however, that a final adjudication that there has been a violation of federal law, state law or an other rule adopted by the department, shall be cause for the denial, suspension or revocation of any license issued under this section. The operation of challenge courses or climbing wall facilities in violation of the regulations or without a valid license shall be considered a punishable violation for the purposes of this section.

No person shall individually or through an agent operate or cause to be operated a challenge course or climbing wall facility unless such person has obtained a license from the commissioner.

The commissioner, upon receipt of proof that a person has obtained the liability insurance as required by this section, has obtained the necessary equipment and training to operate a challenge course or climbing wall facility, and has met the safety standards established by the commissioner, may issue a license for the operation of the challenge course or climbing wall facility.

A qualified manufacturer’s representative, or a person who possesses a certificate of competency to inspect challenge courses or climbing wall facilities issued under section 62 of chapter 146, and who has furnished to the commissioner proof of liability insurance for an amount of at least $1,000,000 for general liability, shall provide documentation of periodic site inspections.

The fee for a license under this section shall be determined annually by said commissioner of administration and finance under section 3B of chapter 7 for the filing thereof. All licenses issued pursuant to this section shall expire annually on a date determined by the commissioner if insurance coverage is continuous, or on the date that the insurance certificate is no longer valid if insurance coverage is not continuous, unless revoked for cause, and shall be valid throughout the commonwealth.

(c) If a serious injury requiring immediate admission, overnight hospitalization and observation by a licensed physician has occurred on such a challenge course or climbing wall facility, reasonably due to a defect or malfunction of the structure or a component of the structure, or if the structure or component of the structure constitutes a hazard to life, limb or property, as determined by the commissioner, his designee, or by an agent of the responsible vendor, the structure or component of the structure involved shall be closed immediately and, within 8 hours, the owner or operator shall notify the commissioner or his designee in a manner approved by the commissioner and within 48 hours in writing upon a form approved by the commissioner. The structure or component of the structure in question shall remain closed until all necessary repairs have been completed to the satisfaction of the commissioner or his designee and the responsible vendor. Failure to follow this provision shall constitute the operation of an unsafe course or facility and shall be punishable by a fine not to exceed five thousand dollars. The licensee shall pay to the commissioner a fee, as determined under section 3B of chapter 7, for each hour or fraction thereof spent by each inspector while engaged in an investigation.

(d) All third party inspectors authorized by this section to conduct inspections shall maintain $1,000,000 in general liability insurance coverage. Challenge courses or climbing wall facilities of a permanent nature shall be inspected periodically by a qualified manufacturer’s representative or certified third party inspector, as determined by the commissioner. The owner of a challenge course or climbing wall facility shall each maintain and preserve a log of all regular maintenance, service and repair reports, periodic inspections performed and any accident or serious injury requiring medical treatment, which may have occurred on the challenge course or climbing wall facility. These documents shall be made available upon request to the department of public safety.

(e) Owners shall maintain permanent training, inspection, and maintenance policies relative to routine and emergency safety procedures. All vendors responsible for equipment installed, and all owners will use the standards of The Association for Challenge Course Technology (ACCT), The Climbing Wall Association (CWA), or other similar standards and codes as approved by the commissioner. All challenge courses and climbing wall facilities of a permanent nature shall have at least one individual on staff who is designated to oversee the operation, routine maintenance and inspection of challenge courses or climbing wall facilities. The operator of any challenge course or climbing wall facility shall furnish to the commissioner proof that the challenge course or climbing wall facility is covered for an amount of at least $1,000,000 for combined single limit bodily injury and property damage, or coverage to statutory limits, and which meet the rules and regulations as established by the commissioner. If the insurance contract expires or is cancelled, notice shall be furnished by the owner to the commissioner prior to the termination and the challenge course or climbing wall facility shall be closed until insurance is obtained and a new license issued. Proof of coverage shall include, but not be limited to, proof of liability insurance issued by an insurance company approved to do business within the commonwealth, or a bond, security or other type of indemnity against liability providing substantially equivalent coverage.

(f) Whoever violates this section shall, for each such violation, be punishable by a fine of not more than $5,000.

SECTION 2. Chapter 146 of the General Laws is hereby amended by striking out section 62, as appearing in the 2004 Official Edition, and inserting in place thereof the following section: --

Section 62. If the applicant is found competent he shall receive a certificate of competency to inspect steam boilers or to inspect amusement devices, challenge courses, or climbing wall facilities, as the case may be; provided, however, that if the holder of a certificate ceases to be employed as an inspector for a period of one year or more his certificate shall lapse and he shall be required to submit to reexamination for a new certificate. The fee for such reexamination shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. Said certificate shall continue in force until the date of birth of the holder of the certificate occurring more than 12 months but not more than 24 months after the effective date of such certificate unless sooner revoked.

If any such certificate of competency to inspect steam boilers, amusement devices, challenge courses or climbing wall facilities or the renewal thereof expires in any 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 of competency to inspect steam boilers or to inspect amusement devices, challenge courses or climbing wall facilities 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 of competency to inspect steam boilers or to inspect amusement devices, challenge courses or climbing wall facilities issued to a person born on February 29th shall, for the purposes of this section, expire on March 1st. The fee for the renewal of the certificate of competency shall be determined pursuant to the aforementioned chapter 7. Certificates not renewed at expiration date shall become void, and shall after one year be reinstated only by reexamination of the former holder of the certificate. A notice of the date of expiration of a certificate of competency to inspect steam boilers or to inspect amusement devices, challenge courses or climbing wall facilities shall, at least 30 days prior to such date, be sent to the holder of the certificate. A person whose certificate of competency is suspended or revoked shall surrender his certificate to the commissioner.