reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.374 - Bathing Facilities

Current through Register 1525, July 5, 2024
(A)
Minimum Requirements - Residential Camps
. The operator
			 of each residential camp shall provide at least one shower head or bathtub for
			 each 20 people. A bathtub/shower combination shall count as a single
			 unit.
(B)
Required
			 Cleaning of Shower-room Floor
. The operator shall cause every
			 shower-room floor to be washed daily with a suitable detergent and hot water
			 and rinsed with a sanitizer at the manufacturer's recommended
			 concentration.
(C)
Duckboards Prohibited
. The operator shall not permit
			 the use of wooden duckboards in a shower.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.375 - Ventilation Required

Current through Register 1525, July 5, 2024
All bathhouses, dressing rooms, shower rooms, and toilets at
				both indoor and outdoor pools shall be properly and adequately ventilated
				pursuant to 780 CMR:
The Massachusetts State Building
				Code
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.376 - Hot Water Temperatures

Current through Register 1525, July 5, 2024
Where hot water is provided to handwash sinks, lavatories,
				showers and bathtubs it shall be:
(A)
			 In a quantity and pressure sufficient to satisfy the ordinary use of all
			 plumbing fixtures which normally need hot water for their proper use and
			 function.
(B) In a temperature
			 range of not less than 110°F (43°C) and not greater than 130°F
			 (54°C) for fixtures other than a bathtub or shower.
(C) In a temperature range of not less than
			 110°F (43°C) and not greater than 120°F (48°C) for a bathtub
			 and shower.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.377 - Maintenance of Sanitary Facilities

Current through Register 1525, July 5, 2024
The operator shall maintain all sinks, showers, bathtubs, and
				toilets in good working order and in a clean and sanitary
				condition.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.378 - Toilet Facilities for Campers with Special Needs

Current through Register 1525, July 5, 2024
Campers with special toilet needs or practices shall be assured
				privacy and be provided with facilities meeting their needs.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.379 - Handwash Facilities for Campers with Special Needs

Current through Register 1525, July 5, 2024
All sinks used by campers with special needs shall be so
				adapted as to allow for easy access and use.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.380 - Shower Facilities for Campers with Special Needs

Current through Register 1525, July 5, 2024
All showers or bathtubs used by campers with special needs
				shall have aids such as chairs on casters, stools and footrests, non-slip
				surfaces, and flexible shower heads attached to hoses in order to provide for
				the increased independence of the campers and to make it easier and safer for
				the staff to assist the campers.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.400 - Rodent and Insect Control - Residential and Day Camps

Current through Register 1525, July 5, 2024
(A) The operator shall maintain every
			 building used or intended for human habitation free from insect infestation,
			 rodents, and other pests.
(B)
			 Extermination methods and other measures to control insects and rodents shall
			 conform with the requirements of 333 CMR (Pesticide Board of the Massachusetts
			 Department of Agriculture).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.401 - Weed Control - Residential and Day Camps

Current through Register 1525, July 5, 2024
(A)
Harborage Places to Be Controlled
. The growth of
			 brush, weeds, grass and plants shall be controlled in central camp areas to
			 minimize harborage of ticks, chiggers, and other insects which may adversely
			 affect public health.
(B)
Noxious Plants to be Controlled
. The central camp area
			 shall be maintained to prevent growth of ragweed, poison ivy, poison oak,
			 poison sumac, and other noxious plants considered detrimental to
			 health.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.430 - Swimming Pools - Compliance with 105 CMR 435.000: Minimum Standards for Swimming Pools (State Sanitary Code, Chapter V), Required

Current through Register 1525, July 5, 2024
(A) The operator of each recreational camp
			 for children shall ensure all swimming and wading pools located in
			 Massachusetts used by campers and staff shall be in compliance with
			 105 CMR
			 435.000:
Minimum Standards for Swimming Pools
			 (State Sanitary Code: Chapter V)
, including the pool fence
			 requirements in M.G.L. c. 140, § 206, and 780 CMR:
The
			 Massachusetts State Building Code
, and drain cover safety provisions
			 as provided in the federal
Virginia Graeme Baker Pool and Spa Safety
			 Act
. A copy of the written approval to operate the pool, issued by the
			 Board of Health, shall be kept on file at the camp whether or not the swimming
			 pool is located on the camp property or is part of the camp facility.
(B) At the first pool swimming session, a
			 camp operator shall ensure a determination is made of each camper's swimming
			 ability. Campers shall be confined to swimming areas consistent with the limits
			 of their swimming ability or to swimming areas requiring lesser skills than
			 those for which they have been classified.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.432 - Bathing Beaches - Compliance with 105 CMR 445.000: Minimum Standards for Bathing Beaches (State Sanitary Code, Chapter VII), Required

Current through Register 1525, July 5, 2024
(A)
Bathing Beaches
.
			 Bathing and swimming shall not be permitted at any bathing beach located in
			 Massachusetts which:
(1) does not meet the
			 requirements of
			 105 CMR
			 445.000:
Minimum Standards for Bathing Beaches
			 (State Sanitary Code, Chapter VII)
; or
(2) has limited water visibility when a black
			 secchi disk, six inches in diameter, on a white field placed at a depth of at
			 least four feet of water is not readily visible from the surface of the water;
			 or when, under normal usage, such disk is not readily visible from the surface
			 of the water when placed on the bottom where the depth is less than four
			 feet.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.450 - Site Location

Current through Register 1525, July 5, 2024
No person shall operate a recreational camp for children unless
				it is located:
(A) so as to be
			 accessible at all times during the designated camping season;
(B) where surface drainage conditions create
			 no health or safety hazard;
(C)
			 where approved water supply and sewage disposal facilities can be and are
			 provided; and
(D) where traffic
			 conditions create no undue safety hazards.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.451 - Certificate of Inspection Required

Current through Register 1525, July 5, 2024
All camp structures used for sleeping or assembly purposes
				shall have a current certificate issued by the local building inspector
				(
see
780 CMR:
The Massachusetts State Building
				Code
). Furthermore, the buildings shall be easy to keep clean and have
				a roof which is weathertight and waterproof.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.452 - Screening Required

Current through Register 1525, July 5, 2024
The operator of each recreational camp for children shall
				provide the exterior openings in every building used for food preparation, food
				service, and every permanent building used for sleeping, with screens
				containing not less than 16 meshes per inch. Screen doors shall open in the
				direction of the flow of traffic out of the building. If no screen door is
				possible, the building door shall be equipped with a self-closing device. Every
				screen door shall be equipped with a self-closing device.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.453 - Lighting Required

Current through Register 1525, July 5, 2024
The operator of each recreational camp for children shall
				provide adequate lighting for the safe and sanitary use of each kitchen, dining
				room, mess hall, infirmary, toilet room and stairway.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.454 - Structural and Interior Maintenance

Current through Register 1525, July 5, 2024
All structural elements of camp facilities including, but not
				limited to, foundations, cellars, floors, walls, doors, windows, ceilings,
				roofs, staircases, porches, and chimneys, shall be maintained in good repair,
				fit for the use intended, and in compliance with the requirements of 780 CMR:
The Massachusetts State Building Code
. The interior of the
				facility shall be maintained in good repair and in a safe, clean, and sanitary
				condition, free from accumulation of dirt and rubbish.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.456 - Egresses

Current through Register 1525, July 5, 2024
All egresses shall be in compliance with the requirements of
				780 CMR:
The Massachusetts State Building Code
and maintained
				free of obstructions.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.457 - Shelters for Day Camps

Current through Register 1525, July 5, 2024
The operator of each day camp shall provide shelter, on or off
				the site, sufficiently large to house and provide for on-going camp activities.
				Such structure shall comply with
				105
				CMR 430.451.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.458 - Shelters for Residential Camps

Current through Register 1525, July 5, 2024
In all permanent buildings or structures space shall be so
				arranged as to provide a minimum of 40 square feet of floor area for each
				person occupying a single bed. 35 square feet of space shall be provided for
				each person occupying a two tiered (bunk) bed. 50 square feet per person of
				sleeping space shall be required for persons needing special appliances or
				equipment such as wheelchairs or walkers for ambulation. Space shall include
				the area occupied by the bed, but shall not include space such as closets or
				bathrooms.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.459 - Non-ambulatory Campers

Current through Register 1525, July 5, 2024
All campers and staff members with problems of mobility shall
				be housed on ground floor level with the egresses leading directly to grade or
				to a ramp inclined no greater than one foot in 12 feet.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.470 - Separate Beds to Be Furnished

Current through Register 1525, July 5, 2024
The operator of each residential camp shall furnish in each
				sleeping cabin or tent a separate bed, bunk or cot for each camper or staff
				member. Sleeping shall be so arranged as to provide a minimum of three feet
				between individuals if single decked and 4½ feet if double decked. A
				distance of at least six feet shall be provided between the heads of
				individuals while sleeping. Triple decked beds shall not be used. 105 CMR
				430.470 shall not apply to primitive, travel and trip camps.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.471 - Sleeping Prohibited in Food Areas

Current through Register 1525, July 5, 2024
The operator of each recreational camp for children shall not
				permit sleeping in kitchens or rooms used for food preparation, storage or
				service.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.472 - All Bedding and Towels to Be Cleaned

Current through Register 1525, July 5, 2024
The operator of each recreational camp for children shall
				maintain all operator-supplied mattresses and pillows in a clean and sanitary
				condition. Bedding and towels provided by the operator shall be washed or dry
				cleaned prior to distribution.
(A) The
			 operator shall ensure sheets, towels, and pillow cases are laundered at least
			 once a week whether they are operator or camper supplied. Sleeping bags shall
			 be aired at least every five days.
(B) The operator shall not allow a common
			 towel to be used.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.631 - Application for a License

Current through Register 1525, July 5, 2024
An applicant for a license for a recreational camp for children
				shall file an application with the Board of Health at least 90 days prior to
				desired opening date, using a form provided by the Department or available from
				the Board of Health documenting all required information including, but not be
				limited to, a plan showing the buildings, structures, fixtures and facilities,
				as needed.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.632 - Board of Health Shall Grant, Suspend or Revoke License; Annual Notification

Current through Register 1525, July 5, 2024
The Board of Health shall grant, suspend or revoke licenses for
				recreational camps for children in accordance with the provisions of M.G.L. c.
				140, §§ 32B and 32C. All licenses for recreational camps granted
				under
				105 CMR
				430.000 shall state the maximum number of occupants
				authorized for such camp and the capacity shall not be exceeded by the operator
				at any time. Upon the issuance of a license, the Board of Health shall notify
				the Massachusetts Department of Environmental Protection and the Department
				annually in an electronic format approved by the Department or on a form
				provided by the Department. Said notification shall include, but not be limited
				to, the type of camp, the name and address of the camp, the name of the owner,
				the number of campers and staff, and the number of days per year the camp will
				be in operation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.633 - Posting of License

Current through Register 1525, July 5, 2024
The operator of each recreational camp for children shall post
				the license in a prominent place at the camp site.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.650 - Inspections Required

Current through Register 1525, July 5, 2024
No recreational camp for children shall receive a license to
				operate in each year until it has been inspected by the Board of Health and
				found by the Board to meet all the requirements of
				105 CMR
				430.000. Provided, however, a day camp timely applying
				for renewal of licensure, pursuant to M.G.L. c. 140, § 32B, may, at the
				discretion of the Board of Health, be granted a license without prior
				inspection if:
(1) the camp is under
			 the same ownership and directorship as the prior camping season;
(2) the camp has had a satisfactory
			 inspection report the prior camping season;
(3) the Board of Health determines, based
			 upon the record of the camp, there is no evident risk to the health and safety
			 of the campers; and
(4) the camp is
			 subsequently inspected by the Board of Health during the camping season.
The Board of Health shall also inspect a recreational camp for
				children at any time the Board has reason to believe a violation of
				105 CMR
				430.000 exists, or upon the request or complaint of
				any person.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.651 - Inspection Report Forms

Current through Register 1525, July 5, 2024
(A) The Board of
			 Health shall prepare for each inspection a written report which must include,
			 but need not be limited to, the following:
(1)
			 the name of the inspector;
(2) the
			 date and time the of inspection or investigation;
(3) the location of the facility
			 inspected;
(4) the date and time of
			 any scheduled follow-up inspection;
(5) a description of each condition
			 constituting a violation of
			 105 CMR
			 430.000; and
(6) a listing of each specific provision of
			 105 CMR
			 430.000 that appear to be violated.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.700 - Orders to Correct Violations

Current through Register 1525, July 5, 2024
If an examination pursuant to
				105
				CMR 430.650 or pursuant to
				105
				CMR 400.100:
State Sanitary Code
				Chapter I: General Administrative Procedures
reveals a recreational
				camp for children does not comply with the provisions of
				105 CMR
				430.000, the Board of Health shall order the operator
				to comply with the violated provision of
				105 CMR
				430.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.701 - Violation Which May Endanger or Materially Impair the Health, Safety or Well-Being of the Public

Current through Register 1525, July 5, 2024
If an examination pursuant to
				105
				CMR 430.650 or pursuant to
				105
				CMR 400.100:
State Sanitary Code
				Chapter I: General Administrative Procedures
reveals any condition at
				a recreational camp for children fails to comply with the provisions of
				105 CMR
				430.000 so as to endanger or materially impair the
				health, safety, or well being of the occupants or the public, the Board of
				Health shall order the operator to comply with
				105 CMR
				430.000 or may order any building condemned and
				vacated if appropriate or may order the camp program to be
				terminated.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.702 - Contents of Order

Current through Register 1525, July 5, 2024
Subject to the emergency provisions of
				105
				CMR 400.200(B):
Emergency Procedures
, any order issued under the provision of
				105 CMR
				430.000 shall:
(A) Include a statement of the violation or
			 defect, a citation of the provision which is violated, and may suggest action
			 which if taken will affect compliance with
			 105 CMR
			 430.000; and
(B) allot a reasonable time for any action it
			 requires; and
(C) inform the person
			 to whom it is directed of the right to a hearing; of the deadline and proper
			 procedure for requesting a hearing; the right to inspect and obtain copies of
			 all relevant inspection or investigation reports, orders, notices and other
			 documentary information in the possession of the Board of Health; the right to
			 be represented at the hearing and that any interested person has a right to
			 appear at said hearing and present evidence, testimony or argument.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.703 - Service of Orders

Current through Register 1525, July 5, 2024
Every order authorized by
				105 CMR
				430.000 shall be in writing. Orders issued under the
				provisions of
				105
				CMR 430.700 and
				430.701 shall be served on
				the operator or his or her authorized agent:
(A) personally, by any person authorized to
			 serve civil process, or
(B) by
			 leaving a copy of the order at his or her last and usual place of abode, by any
			 person authorized to serve civil process, or
(C) by sending him or her a copy of the order
			 by registered or certified mail, return receipt requested, if they are within
			 the Commonwealth, or
(D) if his or
			 her last and usual place of abode is unknown or outside the Commonwealth, by
			 posting a copy of the order in a conspicuous place on or about the building or
			 portion thereof affected.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.730 - Request for Hearing

Current through Register 1525, July 5, 2024
The person or persons to whom any order served pursuant to
				105
				CMR 430.700 and
				430.701 has been directed may
				request a hearing before the Board of Health by filing within seven days after
				the day the order was served in the office of the Board of Health a written
				petition requesting a hearing on the matter.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.731 - Hearing to Be Held

Current through Register 1525, July 5, 2024
Upon receipt of a petition pursuant to
				105
				CMR 430.730 the Board of Health shall set a
				time and a place for such hearing and shall inform the petitioner thereof in
				writing. The hearing shall be commenced not later than ten days after the day
				on which the petition was filed; provided, upon application of the petitioner
				the Board of Health may postpone the date of the hearing for a reasonable time
				beyond such ten-day period if in the judgment of the Board of Health the
				petitioner has submitted a good and sufficient reason for such postponement. At
				the hearing the petitioner shall be given an opportunity to be heard and to
				show why the order should be modified or withdrawn.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.732 - Decision of Board of Health

Current through Register 1525, July 5, 2024
The Board of Health shall sustain modify, or withdraw the order
				and shall inform the petitioner in writing of its decision within seven days
				after the conclusion of the hearing. If the Board of Health sustains or
				modifies the order, it shall be carried out within the time period allotted in
				the original order or in the modification.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.733 - Public Record

Current through Register 1525, July 5, 2024
Every notice, order or other record prepared by the Board of
				Health in connection with the hearing shall be entered as a matter of public
				record in the office of the clerk of the city or town, or in the office of the
				Board of Health.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.734 - Appeal of the Board of Health Decision

Current through Register 1525, July 5, 2024
Any person aggrieved by the decision of the Board of Health
				with respect to the provisions of
				105 CMR
				430.000 may seek relief therefrom in any court of
				competent jurisdiction, as provided by the laws of the
				Commonwealth.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.735 - Compliance

Current through Register 1525, July 5, 2024
If a written petition for a hearing is not filed in the office
				of the Board of Health within seven days after an order as provided in
				105
				CMR 430.700 and
				430.701 through
				430.703 inclusive has been
				issued, or if after a hearing the order has been sustained in any part, each
				day's failure to comply with the order as issued or modified shall constitute
				an additional offense.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.750 - Operation without License

Current through Register 1525, July 5, 2024
Whoever operates a recreational camp for children without a
				license shall upon conviction be fined not less than $10 nor more than $100 in
				accordance with M.G.L. c. 140, § 32E.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.751 - Failure to Comply with Order of the Board of Health

Current through Register 1525, July 5, 2024
Any person who fails to comply with any order issued pursuant
				to 105 CMR
				430.000 shall upon conviction be fined not less than
				$10 nor more than $100. Each day's failure to comply with an order shall
				constitute a separate violation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.752 - Failure to Comply with Provisions of 105 CMR 430.000

Current through Register 1525, July 5, 2024
Any person who shall violate any provision of
				105 CMR
				430.000 shall upon conviction be fined not less than
				$10 nor more than $100.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.800 - Board of Health May Grant Variance

Current through Register 1525, July 5, 2024
Variances may be granted only as follows:
(A) The Board of Health may vary the
			 application of any provisions of
			 105 CMR
			 430.000 with respect to any particular case when, in
			 its opinion:
(1) the enforcement thereof would
			 do manifest injustice;
(2) the
			 applicant has proved the same degree of protection required under
			 105 CMR
			 430.000 can be achieved without strict application of
			 the particular provision(s); and
(3) when insurance is utilized, the applicant
			 has provided written confirmation from the insurance carrier confirming the
			 continuation of full coverage(s) if the minimum health and safety provision(s)
			 are varied.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV) › Section 430.830 - Severability

Current through Register 1525, July 5, 2024
In the event any section of
				105 CMR
				430.000 is found to be invalid or unconstitutional,
				the remaining sections shall not be affected.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 105 CMR 432.000 is to set forth minimum
				requirements for municipal and recreational programs and camps to have a system
				in place to have Coast Guard approved personal flotation devices (PFDs)
				available to minor children who are in a swimming or diving area, excluding
				swimming pools, wading pools, and other artificial bodies of water, and who are
				classified as non-swimmers or at-risk swimmers, in accordance with M.G.L. c.
				111, § 127A½.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.002 - Scope

Current through Register 1525, July 5, 2024
105 CMR 432.000 shall apply to all municipal and recreational
				programs and camps, including recreational camps for children pursuant to
				105 CMR 430.000:
Minimum Standards for Recreational Camps for Children (State Sanitary
				Code: Chapter IV
), and public or private school programs that operate
				outside of the school year, that will have activities at swimming or diving
				areas, excluding swimming pools, wading pools and other artificial bodies of
				water.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.020 - Applicability

Current through Register 1525, July 5, 2024
(A)105 CMR 432.000 shall apply to all
			 municipal and recreational programs and camps, as defined in 105 CMR 432.010,
			 including Recreational Camps for Children licensed pursuant to
			 105 CMR 430.000:
Minimum Standards for Recreational Camps for Children (State Sanitary
			 Code: Chapter IV
), using any public, semi-public or private bathing
			 beaches for bathing or swimming activities.
(B) The requirements of 105 CMR 432.000 shall
			 not apply to municipal and recreational programs and camps using swimming
			 pools, wading pools or other artificial bodies of water.
(C) If compliance with 105 CMR 432.000 would
			 violate local bylaws, ordinances, or regulations governing swimming and bathing
			 at any marine bathing beach implemented to prevent swimmers with a PFD from
			 being pulled away from the beach due to currents, then a municipal or
			 recreational program or camp may not operate at the marine bathing beach unless
			 designated non-swimmers and at-risk swimmers whose parents or guardians require
			 the use of a PFD for their child are not allowed to enter the water and are
			 under constant, direct supervision.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.050 - System Requirements

Current through Register 1525, July 5, 2024
Each operator shall have a system in place that meets the
				requirements of 105 CMR 432.100 through 432.130 to:
(A) Determine participant swimming
			 ability;
(B) Identify non-swimmers
			 and at-risk swimmers whenever they are at a swimming or diving area;
(C) Confine all participants to dedicated
			 swimming areas consistent with their swimming abilities; and
(D) Ensure that a PFD is made available to
			 each non-swimmer and at-risk swimmer during all swimming sessions.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.100 - Swim Test Requirements

Current through Register 1525, July 5, 2024
(A) Every operator
			 shall ensure that a swim test is conducted at a minimum once per summer for
			 every minor at each program or camp to determine each minor's swimming ability
			 at or before the first swimming session in order to identify and classify
			 non-swimmers and at-risk swimmers. Designated non-swimmers and at-risk swimmers
			 may be re-tested and re-classified at any time.
(B) The swim test shall be conducted by a
			 Certified Swim Instructor or Swim Assessor.
(C) All program or camp participants, as well
			 as staff and volunteers who are minors, shall be swim tested regardless of any
			 prior year's swim test results, designations or certifications.
(D) Swim tests shall be conducted at the
			 marine or freshwater beach venue where swimming will occur whenever possible.
			 Swim tests may be conducted in a permitted swimming pool if the camp or program
			 operator provides lifeguards at the marine or freshwater beach venue at a ratio
			 of one dedicated lifeguard for each 25 participants swimming in the water.
			 However, if lifeguards are not provided at the fresh or marine beach venue,
			 then swim tests shall be conducted either at the fresh or marine beach venue or
			 a comparable location.
(E) Swim
			 tests shall be conducted under close supervision and without the use of a
			 PFD.
(F) Swim test results for each
			 child shall be documented in accordance with guidelines issued by the
			 Department. Such swim test results must be readily accessible to staff and
			 maintained in accordance with 105 CMR 432.400(B)(2).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.110 - Confinement to Certain Swimming Areas

Current through Register 1525, July 5, 2024
Every operator shall ensure that minors determined to be
				non-swimmers or at-risk swimmers are confined to swimming areas consistent with
				the limits of each individual's swimming skills or to swimming areas requiring
				lesser skills than those for which they have been classified.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.120 - Personal Flotation Devices Made Available by the Operator

Current through Register 1525, July 5, 2024
(A) Every operator shall ensure that PFDs are
			 made available, in accordance with guidelines issued by the Department, for
			 non-swimmers and at-risk swimmers who will be entering the water for swimming
			 or bathing or entering a diving area for purposes other than diving, excluding
			 such activities at swimming pools, wading pools or other artificial bodies of
			 water.
(B) Any PFDs made available
			 by the program or camp, or by agreement with a bathing beach operator, shall be
			 in serviceable condition and the proper size for the intended wearer (based on
			 body weight and chest size) in accordance with guidelines issued by the
			 Department and USCG.
(C) Operators
			 shall ensure that PFDs are properly sized and assessed for a proper fit on each
			 minor that is a non-swimmer or at-risk swimmer prior to each swimming activity,
			 in accordance with guidelines issued by the Department.
(D) An adequate number and range of sizes of
			 PFDs in a serviceable condition shall be available and accessible for staff to
			 distribute to participants who are present in a swimming or diving area and who
			 are determined to be non-swimmers or at-risk swimmers.
(E) PFDs may also be made available through a
			 contractual agreement between an off-site bathing beach operator and a
			 municipal or recreational program or camp.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.130 - Personal Flotation Devices Provided by Parents or Guardians

Current through Register 1525, July 5, 2024
(A) In accordance with M.G.L. c. 111, §
			 127A½, an operator shall not refuse, decline, or otherwise prohibit a
			 parent, guardian or person with custody of a minor to provide a PFD to a
			 municipal or recreational program or camp for the minor's use, for the duration
			 of the minor's attendance at the program or camp.
(B) At no time shall the child be allowed to
			 enter bathing water without wearing this specifically identified PFD except
			 during closely supervised swim tests, swimming or diving lessons, and beach
			 waterfront activities.
(C) The
			 operator shall ensure that the PFD designated for a particular child is clearly
			 and permanently marked with the child's first and last name and a parent's or
			 legal guardian's emergency contact information (name and telephone
			 number).
(D) The operator shall
			 ensure that the PFD provided by a parent or legal guardian is properly sized
			 and fitted for the child, in accordance with guidelines issued by the
			 Department, prior to minor's first bathing or swimming activity.
(E) If, at any time, the PFD provided by a
			 parent or guardian is determined to not be properly fitting, or is damaged or
			 otherwise not in serviceable condition, the municipal or recreational program
			 or camp shall immediately notify the parent or legal guardian who provided the
			 PFD. In such case, the minor shall not be allowed to participate in any
			 swimming/bathing activity pending verbal permission from the parent/legal
			 guardian for the minor to be properly fit tested for a PFD provided by the
			 municipal or recreational program or camp. Any verbal permission shall be
			 subsequently documented in writing within 24 hours, and, at a minimum, provide
			 the date, time and name of the parent/guardian who provided
			 permission.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.400 - Policies and Recordkeeping

Current through Register 1525, July 5, 2024
The operator of a municipal or recreational program or camp
				shall:
(A) Develop and implement, and
			 make available to parents or guardians upon request, written policies and
			 procedures to ensure compliance with the requirements set forth in 105 CMR
			 432.000, which shall include, but not be limited to:
(1) an orientation plan for all staff and
			 volunteers describing compliance with statutory and regulatory
			 requirements;
(2) a daily check-in
			 routine for reviewing and confirming proper swimming level identification for
			 program or camp participants;
(3) a
			 description of all storage facilities used for PFDs during the season and after
			 the season;
(4) a current inventory
			 of PFDs;
(5) procedures for
			 distributing PFDs to and collecting PFDs from participants that have their own
			 PFDs;
(6) training requirements for
			 appropriate staff to ensure that program and camp participants, as well as
			 staff and volunteers that are minors, are provided a proper swim
			 test;
(7) training requirements for
			 appropriate staff to ensure that properly-fitting PFDs are made available for
			 applicable program and camp participants, as well as applicable staff and
			 volunteers;
(8) a procedure for
			 classifying and identifying non-swimmers and at-risk swimmers or other
			 categorizations of swimming ability during the course of the day and prior to
			 each swimming activity;
(9) a
			 procedure for inspecting the serviceable condition of each PFD at a minimum
			 annually and properly disposing of any that are not determined to be in
			 serviceable condition;
(10) a
			 procedure for accepting, handling, testing and monitoring a PFD provided by a
			 parent or legal guardian; and
(11)
			 a procedure to contact a parent or legal guardian that provides their child a
			 PFD that does not fit properly or is not in serviceable condition.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.500 - Administration and Enforcement

Current through Register 1525, July 5, 2024
(A)
Inspection Authority
. In order to properly carry out
			 their respective responsibilities under 105 CMR 432.00 and to properly protect
			 the health and well-being of the residents of the Commonwealth, the Boards of
			 Health and the Department are authorized to enter, examine, or survey at any
			 reasonable time such places as they consider necessary to carry out the
			 provisions of 105 CMR 432.000.
(B)
Notices
. If, as a result of any inspection or
			 investigation of a recreational camp, the Board of Health or the Department
			 finds a violation of 105 CMR 432.000, the Board of Health or the Department
			 shall issue a notice that sets forth the nature of the violation and warns that
			 a second such violation may result in legal action. However, the Board of
			 Health and the Department shall have the authority to initiate proceedings to
			 enforce 105 CMR 432.000 without prior notice in those circumstances in which
			 the Board of Health or the Department determines that there is an imminent risk
			 to public health or safety.
(C)
Enforcement Against Recreational Camps
. The
			 enforcement of 105 CMR 432.000 against the operator of a recreational camp for
			 children shall be carried out pursuant to the enforcement provisions in
			 105 CMR 430.000:
Minimum Standards for Recreational Camps for Children (State Sanitary
			 Code, Chapter IV)
.
(D)
Compliance by Municipal and Recreational Programs
.
			 Municipalities shall ensure compliance with 105 CMR 432.000 against the
			 operator of municipal and recreational programs.
(E)
Injunctions
. The
			 Department may seek to enjoin violations of 105 CMR 432.000 pursuant to M.G.L.
			 c. 214, § 3(12). Boards of Health may seek to enjoin such violations in
			 accordance with applicable law, including M.G.L. c. 111, §
			 127A½.
(F)
Variance
. Variances may be granted only as follows:
(1) The Board of Health may vary the
			 application of any provisions of 105 CMR 432.000 with respect to any particular
			 case when, in its opinion:
(a) the
			 enforcement thereof would do manifest injustice;
(b) the applicant has proved that the same
			 degree of protection required under 105 CMR 432.00 can be achieved without
			 strict application of the particular provision; and
(c) when insurance is utilized, the applicant
			 has provided written confirmation from the insurance carrier confirming the
			 continuation of full coverage(s) if the minimum health and safety provision(s)
			 are varied.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps › Section 432.600 - Severability

Current through Register 1525, July 5, 2024
If any section, paragraph, sentence, clause, phrase or word of
				105 CMR 432.000 shall be declared invalid for any reason whatsoever, that
				decision shall not affect any other portion of 105 CMR 432.000, which shall
				remain in full force and effect; and to this end the provisions of 105 CMR
				432.000 are hereby declared severable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.02 - Plan Approval

Current through Register 1525, July 5, 2024
(1) No person shall
				construct or install a swimming, wading or special purpose pool, or expand,
				remodel or otherwise make any change which may affect the compliance of an
				existing swimming, wading or special purpose pool with the requirements of 105
				CMR 435.00 until the plans and specifications for the construction or change,
				under the stamp and signature of a Massachusetts Registered Professional
				Engineer or Registered Architect, have been approved in writing by the Board of
				Health. Nothing in 105 CMR 435.00 shall affect the authority of any person
				acting under appropriate sections of 780 CMR (
The Massachusetts State
				Building Code)
,
				527 CMR 12.00
(1996
				Massachusetts Electrical Code (Amendments))
and 248 CMR
				(
Uniform State Plumbing Code and the Massachusetts Fuel Gas
				Code)
or applicable local ordinance or regulation.
(2) All work shall conform to approved plans
				and specifications. Any revision or change in the approved plans and
				specifications which may affect the capacity or the health or safety features
				of the swimming, wading or special purpose pool, shall be submitted to the
				Board of Health for review. Approval of said change or revision of plans shall
				be obtained in writing before the work affected by the change is
				undertaken.
(3) The Board of Health
				shall be notified when a newly constructed, expanded, or remodeled swimming,
				wading or special purpose pool is ready for use. Notification shall be given at
				least one week prior to the completion of the project so that a date can be
				arranged for a final in spection. Use of such pool shall not commence before a
				final inspection has been made and written approval to operate has been given
				by the Board of Health.