Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 6.00 - Commercial Uses on the Deerfield River (former title: Commercial Whitewater Use) › Section 6.03 - Commercial Whitewater Outfitters

Current through Register 1525, July 5, 2024
(1)
Safety Certificate
. All Whitewater Craft operated by a Commercial Whitewater Outfitter are required to possess a safety certificate issued by the Director, which shall be applied for at the same time as the permit required by 323 CMR 6.05(1)  is applied for, on forms supplied by the Director. Safety certificates shall be issued to Commercial Whitewater Outfitters for each Whitewater Craft owned or operated by that Commercial Whitewater Outfitter and shall be conditioned according to the criteria found in 323 CMR 6.03(2) through (7).
(2)
Guide
. Each Whitewater Craft shall be accompanied by a guide who shall be trained and experienced in the safe operation of such Whitewater Craft. The guide shall satisfactorily have completed courses in basic first aid and basic cardio pulmonary resuscitation and provide documentation of completion if requested. The guide shall be present at all times during operation of the Whitewater Craft along with the passengers. Guides shall wear a personal flotation device and helmet distinctive in color than that of the passengers. Passengers who have previously acted or currently act as guides on Whitewater Craft expeditions on the Fife Brook and Monroe sections, on Whitewater Craft such as kayaks, canoes, and stand up paddle boards, are not required to be accompanied by a guide, provided that such passengers wear helmets and personal flotation devices, and are under the supervision of and in receipt of instruction in accordance with 323 CMR 6.03(6) by a Commercial Whitewater Outfitter permitted in accordance with 323 CMR 6.05.
(3)
Equipment
. Each Whitewater Craft, excluding stand up paddleboards, shall contain one throw bag. There shall be one first aid kit for every five Whitewater Crafts on the river. Commercial Whitewater Outfitters must train all users on safety protocols for use of the throw bags. The Whitewater Craft, throw bag and first aid kit shall each be of a kind and type approved by the Director. Commercial Whitewater Crafts may not carry more passengers than the number recommended by the manufacturer, as approved by the United States Coast Guard.
(4)
Passengers
. Each passenger in a Whitewater Craft owned or operated by a Commercial Whitewater Outfitter shall wear a safety helmet and a personal flotation device of appropriate size and type approved by the Director.
(5)
Age Restriction
. All persons younger than 15 years old must be accompanied by and directly supervised by an adult of 18 years of age or older other than the guide during any trip on any Whitewater Craft. Such adult may accompany and supervise more than one person younger than 15 years old and may be on a different Whitewater Craft, but must be on the same trip. No person younger than five years old may be a passenger in a Whitewater Craft. These age restrictions shall not be construed to apply to organized classes or camps for children younger than 18 years old conducted by a Commercial Whitewater Outfitter.
(6)
Instruction
. Commercial Whitewater Outfitters shall provide instruction to each passenger in the operation of Whitewater Craft and shall advise each passenger of the attendant hazards and appropriate safety procedures and of a code of conduct regarding private property prior to any excursion. Safety procedures and code of conduct shall be posted visibly at Commercial Whitewater Outfitter facilities.
(7)
Conditions
. The Director may further condition a safety certificate in the interest of public safety.
(8)
Limit
. The Director may limit the number of safety certificates to that number which is necessary to carry the daily passenger quota.
(9)
Numbering
. Each Whitewater Craft shall be numbered in a manner approved by the Director.