reglab/statecodes huggingface dataset:
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) › Administration and Enforcement › Section 435.47 - Variance, Grant of Special Permission: Expiration Modification, Suspension of

Current through Register 1525, July 5, 2024
Any variance or other modification authorized to be made by
				  105 CMR 435.000 maybe
				  subject to such qualification, revocation, suspension, expiration as the Board
				  of Health expresses in its grant. A variance or other modification authorized
				  to be made by
				  105 CMR 435.000 may
				  otherwise be revoked, modified, or suspended, in whole or in part, only after
				  the holder thereof has been notified in writing and has been given an
				  opportunity to be heard, in conformity with the requirements for an order and
				  hearing of
				  105 CMR
				  435.42 and
				  435.43.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.02 - Site Requirements

Current through Register 1525, July 5, 2024
A family type camp ground shall be located only where:
(1) Surface drainage conditions create no
			 health or safety hazard;
(2) Water
			 supply and sewage disposal facilities are in accordance with 310 CMR 15.00:
Subsurface Disposal of Sanitary Sewage (Title V)
and
			 310 CMR
			 22.00:
Drinking Water
			 Regulations;
(3) Traffic
			 conditions create no undue safety hazards.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.03 - Housing

Current through Register 1525, July 5, 2024
(1) Every building, structure, or shelter
			 used or provided for use in a family type camp ground shall be structurally
			 safe, adequate in size for its use, easy to keep clean, and shall have a roof
			 which is weather tight. All new construction shall comply with all appropriate
			 regulations for handicapped persons.
(2) Adequate lighting and ventilation shall
			 be provided at all times for the safe use and sanitary maintenance of all
			 buildings and all stairways in accordance with applicable state and local
			 building, plumbing and electrical codes.
(3) The floors in all buildings used for food
			 preparation or food service shall be kept smooth, clean, and free from chronic
			 dampness.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.04 - Eating and Drinking Establishments

Current through Register 1525, July 5, 2024
If an eating and/or drinking establishment is operated in
				conjunction with the camp, it shall be operated and maintained in a sanitary
				manner and in accordance with the provisions of
				105 CMR 590.000 and 105 CMR
				595.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.05 - Individual Camp Sites, and/or Tent Areas

Current through Register 1525, July 5, 2024
(1)
			 For each camp site, there shall be a minimum width of 25 feet, a minimum area
			 of 1200 square feet, plus an additional 200 square feet for parking area.
			 Sufficient area must be level enough to accommodate camping units and other
			 vehicles safely in the opinion of the approving authority.
(2) Poison ivy, poison oak, poison sumac and
			 other plants which produce toxic resins shall be eradicated within 50 feet of
			 all campsites, safari fields and all toilet, bathing and recreation
			 areas.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.06 - Safari Fields

Current through Register 1525, July 5, 2024
(1)
Concentration
. There shall be no more than 60 camping
			 units per acre of safari field.
(2)
Exits
. Camping units shall be so placed that any one
			 camping unit may exit at any time.
(3)
Toilet
			 facilities
. If any part of the safari field is located more than
			 500 feet from the toilet facilities, a chemical toilet shall be provided for
			 each 15 non-self-contained units or fraction thereof which may be located
			 within said area in accordance with
			 105 CMR
			 440.08(3).
(4)
Gray water dumping
			 facilities
. No sink wastes shall be thrown on the surface of the
			 ground. Each safari field shall have a gray water dumping station provided with
			 a 12" funnel-shaped receiver located at least 12" but not more than 30" above
			 ground level. There should be at least one such station for each 100 campsites
			 or fraction thereof. The receiver should be equipped with a one inch mesh
			 screen to exclude bottles and other bulky items. (Refer to
			 105 CMR 440.10,
Sewage Disposal
.)
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.07 - Water Supply

Current through Register 1525, July 5, 2024
(1) An adequate
			 quantity of water of safe potable quality shall be piped to each campsite. The
			 water supply shall be obtained only from a source approved by the Department.
			 Any campground restricted to tent camping and backpacking shall be exempt from
			 105 CMR 440.00 if an approved water supply is available within 1000
			 feet.
(2)
								310 CMR
			 22.00:
Drinking Water Regulations
shall be complied with. Copies of
			 310 CMR
			 22.00 are available for inspection at the regional
			 offices of the Department of Environmental Quality Engineering, at any local
			 Water Department or Board of Health. Copies of
			 310 CMR
			 22.00 and
			 105 CMR 440.000 may be
			 purchased from the Secretary of the Commonwealth.
(3) No physical connection may exist between
			 any pipe carrying water from a source approved in accordance with 105 CMR
			 440.07(1) and any pipe carrying water from any other source without the written
			 approval of the Department. Such approval shall be subject to
			 310 CMR
			 22.22:
Cross-Connection
.
(4) All pipes and pumps delivering drinking
			 water shall be installed and maintained in good working order and in accordance
			 with 248 CMR 2.00
State Plumbing Code
. The area surrounding a
			 pump or hydrant used for water supply shall be maintained in a properly drained
			 and sanitary condition.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.08 - Toilet Facilities

Current through Register 1525, July 5, 2024
(1) At least two
			 water closets or privy seats shall be provided for each sex. Where the number
			 of individual camp sites is in excess of 30, one additional water closet or
			 privy seat for each sex shall be provided for each additional 30 camp sites or
			 fraction thereof. One urinal may be substituted for up to 1/3 of the number of
			 water closets or privy seats required for males. Campgrounds with areas
			 dedicated to self-contained units and which areas have water, electricity and
			 sewer hookups may have a reduced number of public toilets depending on actual
			 operating experience and at the discretion of the approving
			 authority.
(2) The toilets shall be
			 so located that they are not more than 500 feet from the camp sites of those
			 people who are expected to use them. Self contained units are exempt from this
			 500 feet requirement. The operator shall provide an adequate supply of water
			 and toilet paper. The operator shall provide for the ventilation of each toilet
			 room to the outdoors and shall screen each window or other exterior opening
			 with screens containing not less then 16 meshes per inch. A self-closing solid
			 door shall be considered as satisfying this requirement.
(3) The use of every privy or chemical toilet
			 is prohibited unless it is approved in writing by the board of health in
			 conformance with 310 CMR 15.00:
Subsurface Disposal of Sanitary Sewage
			 (Title V)
and with
			 105 CMR
			 435.06.
(4) Toilet facilities shall be constructed
			 and located so that privacy is maintained between sexes.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.09 - Lavatories and Showers

Current through Register 1525, July 5, 2024
(1) At least one
			 shower and one lavatory or wash basin shall be provided for every 30 sites, or
			 fraction thereof. Campgrounds with areas dedicated to self-contained units and
			 which areas have water, electricity and sewer hookups may have a reduced number
			 of lavatories, wash basins and showers depending on actual operating experience
			 and at the discretion of the approving authority. Wash basins shall be so
			 located as to facilitate their use, particularly after use of
			 toilets.
(2) If indoor showers are
			 provided, every indoor shower room floor shall be washed daily with a suitable
			 washing agent and water. It is recommended that a rinse with a chlorine
			 solution having a strength of not less than .05% available chlorine be used as
			 an additional safeguard.
(3) The
			 use of wooden or metal duckboards is prohibited. Only materials approved by the
			 approving authority may be used.
(4) Each shower room and bathroom shall be
			 ventilated to the outdoors.
(5) All
			 lavatories, wash basins, showers, and bathtubs shall be maintained in good
			 working order and in a clean and sanitary condition.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.10 - Sewage Disposal

Current through Register 1525, July 5, 2024
(1) All gray and
			 black waste water shall be discharged to a sanitary drainage system connected
			 to a public sewerage system; provided, that if because of non-availability,
			 distance, or ground conditions, connection to a public sewerage system is not
			 practicable, any other means of sub-surface disposal of sewage may be installed
			 after approval by the board of health and in compliance with 310 CMR 15.00:
Subsurface Disposal of Sanitary Sewage (Title V)
.
(2)
Holding tank dumping
			 station
(a) Holding tank dumping
			 stations shall be connected to a municipal sewerage system or to subsurface
			 facilities designed in accordance with 310 CMR 15.00:
Subsurface
			 Disposal of Sanitary Sewage (Title V)
and shall consist of a four
			 inches diameter inlet with a hinged or chained cover. The inlet shall be
			 surrounded by a concrete apron pitched to drain into the inlet and curbed to
			 exclude adjacent surface water.
(b)
			 A water tap and hose shall be provided for cleanup of the area as necessary.
			 This tap shall be equipped with a vacuum breaker to prevent back siphonage and
			 be posted as not to be used for drinking or filling of water tanks.
(c) At least one accessible and operable
			 dumping station inlet shall be provided for each 100 camp sites or fraction
			 thereof except sites with a sewer connection. Septic tanks at dumping stations
			 may have properly designed multiple inlets to conform to 105 CMR 440.00. Any
			 campground restricted strictly to tent camping and backpackers shall be exempt
			 from 105 CMR 440.00.
(d) Mobile
			 Units, if provided for pumping out holding tanks on self-contained units, shall
			 be constructed and operated to prevent any leakage, odors, or other
			 nuisance.
(e) No sink wastes may be
			 thrown on the surface of the ground or disposed of in open pits. At least one
			 leaching pit for sink wastes only shall be provided for each four camp sites
			 where other conveniently located dumping stations are not available. The
			 leaching pit shall be covered and be in accordance with
			 105 CMR
			 440.06(5).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.11 - Refuse Storage and Disposal

Current through Register 1525, July 5, 2024
(1) The operator
			 shall provide and maintain in a clean and sanitary condition as many
			 receptacles for the storage of refuse as are necessary to contain the
			 accumulation between collections, and shall so locate them that no
			 objectionable odors are noticeable at any camp site. Refuse shall be disposed
			 of at least once each week or more often if necessary in the opinion of the
			 approving authority.
(2) Refuse
			 shall be stored in watertight receptacles of metal or other durable material
			 with tight-fitting covers. Plastic bags shall be used only as liners in the
			 container and not for the storage of refuse.
(3) No refuse is to be disposed of on the
			 camp ground unless the area has been assigned and approved under the provisions
			 of M.G.L. c. 111, § 150A, and
			 310 CMR
			 19.00:
Solid Waste
			 Management
.
(4) The
			 operator shall inspect camp areas daily, and keep same in a clean, sanitary
			 condition.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.12 - Swimming Pools and Bathing Areas

Current through Register 1525, July 5, 2024
Swimming pools and bathing areas, where provided, shall be
				operated in accordance with
				105 CMR 435.000:
Minimum Standards for Swimming Pools (State Sanitary Code: Chapter
				V)
and/or
				105 CMR 445.000:
Minimum Standards for Bathing Beaches (State Sanitary Code: Chapter
				VII)
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.13 - Safety and Fire Prevention

Current through Register 1525, July 5, 2024
(1) Facilities,
			 equipment, and fire breaks for fire prevention and fire fighting shall be
			 provided as may be recommended by the local fire department or fire warden. If
			 fireplaces are provided, an area of six feet in every direction from each
			 fireplace shall be maintained clear of debris and growth.
(2) Suitable emergency exits approved by the
			 local fire department or fire warden shall be provided from every family type
			 camp ground. Individual spaces shall be designed to prevent key-locking one
			 another.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.14 - Curtailment of Utilities or Services

Current through Register 1525, July 5, 2024
No person shall cause the water, or other utility, service
				facility, or equipment which is required to be made available under these
				minimum standards to be shut off or removed from occupied camping units except
				for such temporary period as may be necessary during actual repairs or
				alterations or during temporary emergencies when curtailment of service is
				approved by the board of health.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.20 - General Administration

Current through Register 1525, July 5, 2024
The provisions of
				105 CMR 400.000:
State Sanitary Code Chapter I: General Administrativ e
				Procedures
, shall govern the administration and enforcement of 105 CMR
				440.00 except as supplemented by the
				105 CMR 440.21 through
				440.28.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.21 - Licensing

Current through Register 1525, July 5, 2024
(1) No family type camp ground shall be
			 operated without a license granted by the Board of Health under M.G.L. c. 140,
			 § 32B, or in the case of an agency of the Commonwealth without the
			 approval of the Department. Licenses shall expire on July 1st and must be
			 renewed annually.
(2) The approving
			 authority may grant, suspend, or revoke such licenses for non-compliance with
			 105 CMR 440.00. All licenses for family type camps granted under these
			 provisions shall state the maximum number of camp sites which may be occupied
			 at anytime at such camp sites and this capacity shall not be exceeded by the
			 operator at any time. The capacity of safari fields, if provided, shall be
			 listed separately on the license. The number of self-contained unit sites shall
			 be listed separately on the license.
(3) An applicant for an original license
			 under 105 CMR 440.00 for a family type camp shall file with the approving
			 authority a plan showing the buildings, structures, fixtures, and facilities,
			 including the proposed source of water supply and works for the disposal of
			 sewage and waste water, which he plans to have upon said premises if and when
			 the license may issue. The plans for the proposed source of water supply shall
			 be submitted to the Massachusetts Department of Environmental Quality
			 Engineering for approval. Works for the d is posal of waste water shall be in
			 accordance with
			 310 CMR 15.000:
Subsurface Disposal of Sanitary Sewage (Title V)
. No license
			 maybe issued without such approvals. Work must commence within one year of the
			 date of approval to be valid. Extensions may be granted for good cause upon
			 request.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.22 - Orders; Service and Content

Current through Register 1525, July 5, 2024
(1) If an
			 examination as provided for in
			 105 CMR 400.000:
State Sanitary Code Chapter I: General Administrative
			 Procedures
, reveals that a family type camp does not comply with the
			 provisions of 105 CMR 440.00, the board of health or the Department shall order
			 the operator to comply with the violated provisions.
(2) Every order shall be in writing and shall
			 be served on the operator or his authorized agent:
(a) personally, by any person authorized to
			 serve civil process, or
(b) by
			 leaving a copy of the order at his last and usual place of abode, or
(c) by sending him a copy of the order by
			 registered or certified mail, return receipt requested, if he is within the
			 United States, or
(d) if his last
			 and usual place of abode is unknown or outside the United States, 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 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.23 - Hearing

Current through Register 1525, July 5, 2024
(1) The person or persons to whom any order
			 has been directed may request a hearing before the approving authority by
			 filing, within seven days after the day the order was served, in the office of
			 the approving authority, a written request for a hearing on the matter. Upon
			 receipt of such request, the approving authority shall set a time and a place
			 for such a hearing and shall inform the applicant thereof in writing. The
			 hearing shall be commenced not later then ten days after the day on which the
			 request was filed; provided, that upon application the approving authority may
			 postpone the date of the hearing for a reasonable time beyond such ten-day
			 period for good and sufficient reason.
(2) At the hearing the petitioner shall be
			 given an opportunity to be heard to show why the order should be modified or
			 withdrawn. Where appropriate, a consolidated hearing may be held.
(3) After the hearing, the approving
			 authority shall sustain, modify, or withdraw the order, and may suspend or
			 revoke the license, and shall inform the petitioner in writing of the decision.
			 If the approving authority sustains or modifies the order, it shall be carried
			 out within the time period allotted in the original order or in the
			 modifications.
(4) Every notice,
			 order, and other record prepared by the approving authority in connection with
			 the hearing shall be entered as a matter of public record in the office of the
			 approving authority and the Board of Health.
(5) Any operator or other person aggrieved by
			 the decision of the approving authority may seek relief therefrom in any court
			 of competent jurisdiction, as provided by the laws of the
			 Commonwealth.
(6) If a written
			 petition for a hearing is not filed in the office of the approving authority
			 within seven days after an order as provided in 105 CMR 440.23(1) 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. (
See
105 CMR 440.24(2)
			  ).
(7) Any request for hearing before the
			 Department shall be subject to
			 310 CMR
			 1.00:
Rules for Adjudicatory
			 Proceedings
, except as modified or superseded herein.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.24 - Penalties

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 111, § 127A, any operator who shall
				violate any provision of 105 CMR 440.00, or who shall fail to comply with any
				order issued pursuant thereto, shall, upon conviction, be fined not less than
				$10, no more than $500. Each day's failure to comply with an order shall
				constitute a separate violation. (
See
105 CMR 440.23(6)
				 ).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.25 - Variance

Current through Register 1525, July 5, 2024
The approving authority may vary the application of any
				provision of 105 CMR 440.00, with respect to any particular case when, in its
				opinion, the enforcement thereof would do manifest injustice, provided, that
				the decision of the approving authority shall not conflict with the spirit of
				these minimum standards. Any variance granted by the Board of Health shall be
				in writing. Any denial of a variance shall also be in writing and shall contain
				a brief statement of the reasons for the denial. A copy of each variance shall
				be conspicuously posted for 30 days following its issuance; and shall be
				available to the public at all reasonable hours in the office of the city or
				town clerk or the office of the Board of Health while it is in effect. Notice
				of the grant of each variance shall be filed with the Department of Public
				Health, which shall approve, disapprove, or modify the variance within 30 days
				from receipt thereof. If the Department fails to comment within 30 days, its
				approval will be presumed. No work shall be done under any variance until the
				Department approved it or 30 days elapse without its comment, unless the Board
				of Health or the Department certifies in writing that an emergency
				exists.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.26 - Variance, Grant of Special Permission; Expiration, Modification Suspension of

Current through Register 1525, July 5, 2024
Any variance or other modification authorized to be made by
				105 CMR 440.000, may be
				subject to such qualification, revocation, suspension, or expiration as the
				approving authority expresses in its grant. A variance or other modification
				authorized to be made by
				105 CMR 440.000, may
				otherwise by revoked, modified, or suspended, in whole or in part, only after
				the holder thereof has been notified in writing and has been given an
				opportunity to be heard, in conformity with the requirements for an order and
				hearing,
				105 CMR
				440.22 and
				440.23.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.27 - Grace Period

Current through Register 1525, July 5, 2024
The operators of all family type camp grounds licensed and in
				existence on the effective date of 105 CMR 440.00, shall be allowed a grace
				period of two years from said effective date to bring their facilities into
				compliance with any requirement not in effect on said effective
				date.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 440.000 - Minimum Standards For Developed Family Type Camp Grounds (state Sanitary Code, Chapter Vi) › Section 440.28 - Severability

Current through Register 1525, July 5, 2024
Each regulation of
				105 CMR 440.000, shall be
				construed as separate to the end that if any regulation, sentence, clause or
				phrase thereof shall be held invalid for any reason, the remainder of 105 CMR
				440.00 and all other regulations shall continue in full
				force.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR 445.000 is to
				protect the health, safety and well-being of the users of bathing beaches, to
				establish acceptable standards for the operation of bathing water and to
				establish a procedure for informing the public of any bathing water
				closures.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR 445.000 is adopted
				under the authority of M.G.L. c. 111, §§ 3, 5S and
				127A.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.003 - Citation

Current through Register 1525, July 5, 2024
105 CMR 445.000 shall be
				known and may be cited as
				105 CMR 445.000:
Minimum Standards for Bathing Beaches
(State Sanitary Code,
				Chapter VII).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.020 - Operation

Current through Register 1525, July 5, 2024
No operator shall allow bathing or swimming in bathing water
				whenever in the opinion of the Board of Health or the Department the bathing
				water is or may be hazardous or unsafe for bathing or swimming. Bathing and
				swimming at public and semi-public beaches shall be limited to water areas that
				meet the requirements of
				105 CMR
				445.030. Any operator of a public or
				semi-public bathing beach shall comply with the requirements of
				105 CMR 445.000.
(A) No bathing beach shall be operated
			 without a permanent sign posted at the entrance to each parking lot and/or each
			 entrance to the beach. At minimum, the sign must state the dates of operation,
			 the name and telephone number for the beach operator, permit number, and note
			 that the beach is not monitored for bacteria outside of the specified date
			 range.
(B) The bathing beach
			 operator is responsible for providing and maintaining the sign required in 105
			 CMR 445.020(A).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.030 - Bathing Water Quality

Current through Register 1525, July 5, 2024
Bathing or swimming shall not be permitted in any bathing water
				where the quality of the water does not meet the standards established in 105
				CMR 445.030(A), 445.030(B), or 445.030(C), and no bathing or swimming shall be
				allowed when the bathing water is determined by the Board of Health or the
				Department to be unfit or so subject to contamination as to constitute a menace
				to health. Bathing or swimming shall not be permitted in bathing waters
				when:
(A)
Physical
			 Quality.
(1) Sludge deposits,
			 solid refuse, floating waste solids, oils, grease or scum are present; or
(2) There are safety hazards
			 including, but not limited to, fast currents, sharp drop-offs or an unstable
			 bottom in the wading area(s), or lack of water clarity.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.031 - Indicator Organisms

Current through Register 1525, July 5, 2024
(A) For marine
			 water, the indicator organism shall be Enterococci. No single Enterococci
			 sample shall exceed 104 colonies per 100 ml. and the geometric mean of the most
			 recent five Enterococci levels within the same bathing season shall not exceed
			 35 colonies per 100 ml.
(B) For
			 fresh water, the indicator organisms shall be E. Coli or Enterococci.
(1) No single E. Coli sample shall exceed 235
			 colonies per 100 ml. and the geometric mean of the most recent five E. Coli
			 samples within the same bathing season shall not exceed 126 colonies per 100
			 ml; or
(2) No single Enterococci
			 sample shall exceed 61 colonies per 100 ml. and the geometric mean of the most
			 recent five Enterococci samples within the same bathing season shall not exceed
			 33 colonies per 100 ml.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.032 - Collection of Bathing Water Samples

Current through Register 1525, July 5, 2024
(A)
Location
.
(1) The
			 Board of Health, for public and semi-public bathing beaches that are not
			 operated by the Commonwealth, shall approve sampling locations at each bathing
			 beach in its jurisdiction.
(2) The
			 Department, for bathing beaches that are operated by the Commonwealth, shall
			 approve sampling locations at each bathing beach in its jurisdiction.
(3) Samples of bathing water shall be taken
			 at locations within areas of greatest bather load.
(4) Additional samples shall also be obtained
			 at any critical location subject to contamination from business developments,
			 dwellings, streams, sewer outfall pipes or other sources.
(5) At locations where there are multiple
			 beach operators within 500 meters of shoreline, the beach operators may
			 designate a single sampling location, known as a surrogate sampling point,
			 which will provide sufficient protection to public health as approved by the
			 local Board of Health. These locations must meet the following criteria:
(a) Bathing beaches must not be physically
			 separated from the surrogate sampling point by natural or man-made formations.
			 These may include:
1.embayments or
			 peninsulas;
2.streams, rivers, or
			 creeks;
3.jetties or other bounding
			 structures;
4.stormwater or
			 combined-sewer overflow outfalls.
(b) At any time the results of a bacterial
			 test exceed the levels in
			 105 CMR
			 445.030, all beach operators using a
			 surrogate sampling point must comply with 445.040.
(c) Each beach operator utilizing a surrogate
			 sampling point will be equally responsible for the costs of testing, monitoring
			 and analysis.
(d) 30 days prior to
			 the beginning of the beach season, the local Board of Health must notify the
			 Department of the beach operators utilizing a surrogate sampling point, their
			 location, and the location of the surrogate sampling point.
(e) The local Board of Health or the
			 Department may require any or all of the beach operators to discontinue the use
			 of surrogate sampling points at any time the bathing waters are found to be
			 unfit, subject to contamination as to constitute a menace to public health, or
			 do not provide sufficient protection to protect public health.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.033 - Laboratory Analysis and Reporting

Current through Register 1525, July 5, 2024
(A)
Laboratory Analysis
. Laboratory analysis of bathing
			 water as required by
			 105 CMR 445.000 shall be
			 conducted in accordance with the most recent edition of the Standard Methods
			 for Examination of Water and Waste Water of the American Public Health
			 Association or as approved by the United States Environmental Protection
			 Agency.
(B)
Reporting
.
(1)
Routine Reporting by Operators.
Any operator or
			 authorized agent of a public bathing beach, except public bathing beaches
			 operated by the Commonwealth, and any operator or authorized agent of a
			 semi-public bathing beach shall report the certified results of all testing,
			 monitoring and analysis of bathing water to the Board of Health within five
			 days of receipt of the results from the laboratory.
(2)
Reporting by Operators of
			 Levels Exceeding the Established Standards
. Any operator or
			 authorized agent of a public or semi-public bathing beach shall immediately,
			 and in no event later than 12 hours of the results being validated, report to
			 the Board of Health the results of all testing, monitoring and analysis of
			 bathing water found to exceed the standards established in
			 105 CMR
			 445.030.
(3)
Reporting by the Board of
			 Health
. The Board of Health or its authorized agent shall report
			 the results of all testing, monitoring and analysis of bathing water to the
			 Department no later than October 31st of each
			 year.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.034 - Bathing Beaches Operated by the Commonwealth

Current through Register 1525, July 5, 2024
State agencies that own or operate a bathing beach shall
				conduct or cause to be conducted all testing, monitoring, and analysis of
				bathing water at such bathing beach in accordance with
				105 CMR 445.000. If the
				results of such testing, monitoring and analysis are found to exceed the
				standards established in
				105 CMR
				445.030, state agencies shall immediately,
				and in no event later than 24 hours, report the results of such testing,
				monitoring and analysis to the Department and the Board of Health in the city
				or town where the bathing beach is located. All other results shall be reported
				to the Department no later than October 31st of each year.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.035 - Sampling and Analysis at Semi-public Beaches

Current through Register 1525, July 5, 2024
(A) The operators of semi-public bathing
			 beaches shall pay for the costs of testing, monitoring and analysis of bathing
			 waters adjacent to such semi-public bathing beaches.
(B) Operators of semi-public bathing beaches
			 may enter into contractual agreements with the Board of Health to have the
			 testing, monitoring and analysis of bathing water conducted by the Board of
			 Health, the Department or other qualified persons as determined by the Board of
			 Health or the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.036 - Public Request for Testing

Current through Register 1525, July 5, 2024
Any person may request that the Board of Health, or in the case
				of a bathing beach operated by the Commonwealth, the state agency or the
				Department, conduct testing, monitoring, and analysis of public and semi-public
				bathing waters when there is reasonable basis to believe that an alleged
				violation of
				105 CMR 445.000 has
				occurred. The Board of Health or the Department, as appropriate, shall promptly
				review such requests and determine whether any such testing, monitoring, and
				analysis is necessary to ensure the public health and safety of bathing
				waters.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.040 - Posting and Reopening Notifications

Current through Register 1525, July 5, 2024
(A)
Posting
. Whenever the bathing water quality does not
			 meet the requirements of
			 105 CMR
			 445.030,
			 105 CMR
			 445.032, or after any significant rainstorm
			 at a bathing beach where there has been a history of violations of the water
			 quality requirements contained in
			 105 CMR
			 445.030, the Board of Health, its agent, or
			 any other authorized person shall immediately, and in no event later than 24
			 hours, notify the Department, and post or cause to be posted, a sign, or signs,
			 at the entrance to each parking lot and each entrance to the beach stating:
WARNING! NO SWIMMING
SWIMMING MAY CAUSE ILLNESS
and a graphic depiction of a swimmer in a red circle with a
				diagonal hatch mark. The sign shall also contain the reason for the warning,
				the date of the posting and the name and telephone number of the Board of
				Health. For conditions solely related to physical hazards, the word "injury"
				may be substituted for "illness" in the required notification.
(B)
Reopening
. Prior
			 to reopening bathing water posted due to a violation or an assumption of a
			 violation of the standards established in
			 105 CMR
			 445.030(B), the Board of
			 Health, its agent, or any other authorized person shall verify that the
			 certified results of the laboratory analysis are less than the standard
			 specified in
			 105 CMR
			 445.031. Prior to reopening bathing water
			 posted due to a violation or an assumption of a violation of the standards
			 established in
			 105 CMR 445.030(A)
			  or
			 105 CMR
			 445.030(C), the Board of
			 Health, its agent, or any other authorized person shall confirm by analytic
			 testing or other verifiable means that conditions no longer constitute a threat
			 to human health or safety. The operator of any state operated bathing beach
			 shall notify the Department and the Board of Health within 24 hours, or the
			 next business day, of the reopening of the bathing water.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.100 - Variance

Current through Register 1525, July 5, 2024
(A) The Board of Health may grant a variance
			 from the provisions of
			 105 CMR 445.000 for any
			 public or semi-public bathing beach not operated by the Commonwealth. The
			 Department may grant a variance for any bathing beach operated by the
			 Commonwealth. In granting a variance, the Board of Health and the Department
			 shall review available epidemiological data and a written sanitary survey of
			 the bathing beach, as provided by the operator. The survey shall include:
(1) All possible sources of contamination,
			 both bacterial and chemical on the watershed tributary to the bathing beach
			 including the location and volume of:
(a)
			 sewage and industrial waste water discharges;
(b) storm water overflows;
(c) bird and animal populations;
			 and
(d) commercial and agricultural
			 drainage.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.101 - Variance to be in Writing

Current through Register 1525, July 5, 2024
(A) Any variance
			 granted by the Board of Health or the Department shall be in writing. Any
			 denial for a variance shall also be in writing and shall contain a brief
			 statement of the reasons for denial. A copy of each variance shall be
			 conspicuously posted for 30 days following its issuance and shall, while it is
			 in effect, be available to the public at all reasonable hours in the office of
			 the clerk of the city or town, or in the office of the Board of Health and in
			 the case of a variance by the Department, at the Department.
(B) The Board of Health shall submit to the
			 Department a notice of the intent to grant a variance. The Department shall
			 approve, disapprove, or modify the variance within 45 days from receipt
			 thereof. If the Department fails to comment within 45 days, its approval shall
			 be presumed. No alteration of any requirement in
			 105 CMR 445.000 shall be
			 made under any variance until the Department approves it or 45 days has elapsed
			 without comment, unless the Board of Health certifies in writing to the
			 Department that an emergency exists.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.300 - Permit Required to Operate

Current through Register 1525, July 5, 2024
(A)
Permit Required to Operate
. After May 26, 2009 no
			 person shall commence the operation of, or continue to operate, a bathing beach
			 unless the operator is the holder of a valid permit issued by the Board of
			 Health or the Department.
(B)
Application
. By no later than April 26, 2009, any
			 person operating a bathing beach desiring to continue operating said beach
			 shall file a written application for a permit with the Board of Health, on
			 forms prepared by the Department and obtained from the Board of Health. Any
			 information as required by the Board of Health and payment of any fee required
			 by local bylaw, ordinance or regulation shall accompany the
			 application.
(C)
Permit
. Upon receipt of a completed application form
			 and any applicable fee, the Board of Health shall review the information to
			 determine if the beach meets the criteria established in
			 105 CMR 445.000. If so, the
			 Board of Health shall make a determination within 30 days for existing
			 applicants or 60 days for new applicants whether to issue a permit to the
			 operator or the proposed operator to operate a bathing beach, on a form
			 provided by the Department.
(D)
Expiration and Renewal of Permit
.
(1) A permit shall expire no later than two
			 years from the date issued.
(2) A
			 bathing beach permit may be renewed by applying at least 30 days prior to the
			 expiration of the permit. Renewal application forms prepared by the Department
			 shall be obtained from the Board of Health.
(3) Upon receipt of a completed renewal
			 application form and any applicable fee, the Board of Health shall issue a
			 renewal permit, provided that the conditions for operation set forth in
			 105 CMR 445.000 are
			 satisfied. The Board of Health may suspend, revoke, or refuse to renew a permit
			 to an operator who is in repeated non-compliance with
			 105 CMR 445.000.
(4) If a permit expires while a timely filed
			 application for renewal is pending, the bathing beach shall continue to operate
			 under the expired permit until a new permit is issued or the renewal
			 application is denied.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.400 - General Administration

Current through Register 1525, July 5, 2024
The provisions of
				105 CMR 400.000 shall
				govern the administration and enforcement of
				105 CMR
				445.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches › Section 445.500 - Severability

Current through Register 1525, July 5, 2024
In the event that any section of
				105 CMR 445.000 is found to
				be invalid or unconstitutional, the remaining sections shall not be affected
				and shall remain in full force and effect. To this end, the provisions of
				105 CMR 445.000 are hereby
				declared severable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 450.000 - Minimum Health And Sanitation Standards For Dys Secure Residential Facilities › Section 450.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR 450.000 is to
				provide minimum health and sanitation standards for DYS secure residential
				facilities. The Department is required to take cognizance of the health,
				comfort and convenience of all of the citizens of the Commonwealth and to
				advise the government concerning the location and other sanitary condition of
				any public institution. Pursuant to M.G.L. c. 111, § 21 the Department is
				required to make rules for houses of detention, and reformatories regarding the
				care and use of eating and drinking cups and dishes used for food, bedding,
				appropriate clothing for residents, ventilation of buildings, and minimum
				plumbing facilities for human habitation, and the general health and safety of
				the resident.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 450.000 - Minimum Health And Sanitation Standards For Dys Secure Residential Facilities › Section 450.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR 450.000 is adopted
				under authority of M.G.L. c. 111, §§ 2, 5, and 21 and c. 30A,
				§3.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 450.000 - Minimum Health And Sanitation Standards For Dys Secure Residential Facilities › Section 450.003 - Citation

Current through Register 1525, July 5, 2024
105 CMR 450.000 shall be
				known, and cited as,
				105 CMR 450.000:
Mnimum Health and Sanitation Standards and Inspection Procedures for
				DYS Secure Residential Facilities.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 450.000 - Minimum Health And Sanitation Standards For Dys Secure Residential Facilities › Section 450.010 - Scope

Current through Register 1525, July 5, 2024
105 CMR 450.000 applies to
				every DYS Secure Residential Facility operated by, or for, the Department of
				Youth Services.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 450.000 - Minimum Health And Sanitation Standards For Dys Secure Residential Facilities › Section 450.101 - Blankets

Current through Register 1525, July 5, 2024
Each resident shall be provided with blankets sufficient to
				maintain personal comfort. Blankets shall be replaced when worn. Each blanket
				shall be cleaned between use by different residents. If used continuously by
				one individual, each blanket shall be cleaned at least every three months, and
				more often if needed.