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 445.010 - Definitions

Current through Register 1525, July 5, 2024
The words, terms or phrases listed in 105 CMR 445.010, for the
				purpose of
				105 CMR 445.000, shall be
				defined and interpreted as follows:
Bathing Beach
means the land where
				access to the bathing water is provided. It shall not mean a swimming pool as
				defined in
				105 CMR 435.000:
Minimum Standards for Swimming Pools
(State Sanitary Code,
				Chapter V).
Bathing Water
means fresh or salt
				water adjacent to any public bathing beach or semi-public bathing beach at the
				location where it is used for bathing and swimming purposes.
Board of Health
means the appropriate
				and legally designated health authority of the city, town, or other legally
				constituted governmental unit within the Commonwealth having the usual powers
				and duties of the board of health of a city or town, or its authorized agent or
				representative.
Department
means the Department of
				Public Health.
Operator
means any person who
(1) alone or jointly or severally with others has legal title
				to a bathing beach, whether or not that person has legal title or control of
				the bathing water; or
(2) has care, charge or control of such bathing beach as agent
				or lessee of the owner or an independent contractor.
Person
means any individual or any
				partnership, corporation, firm, association or group, or the Commonwealth, or
				any of its agencies, authorities or departments or any political subdivisions
				of the Commonwealth, including municipalities or other legal entity.
Public Bathing Beach
means any bathing
				beach open to the general public, whether or not any entry fee is charged, that
				permits access to bathing waters.
Semi-public Bathing Beach
means any
				bathing beach that has common access and/or common use by a group or
				organization, which includes:
(1) any bathing beach used in connection with a hotel, motel, a
				manufactured home park, campground, apartment house, condominium, country club,
				youth club, school, camp or other similar establishment where the primary
				purpose of the establishment is not the operation of the bathing beach, and
				where admission to the use of the bathing beach is included in the fee or
				consideration paid or given for the primary use of the premises; or
(2) any bathing beach used in connection with a neighborhood or
				residential association; or
(3) any bathing beach operated solely for the use of members
				and guests of an organization that maintains such a bathing beach.
Private Bathing Beach
means any
				bathing beach not considered to be a public or semi-public bathing
				beach.
Sanitary Survey
means a written
				report, conducted by a Massachusetts Registered Sanitary Engineer, Certified
				Health Officer or Registered Sanitarian, documenting an examination of the
				bathing water and contiguous land masses for the purpose of identifying actual
				or potential sources of microbiological or chemical contamination. The sanitary
				survey shall also include a description of the water circulation associated
				with the bathing area, the impact of bather load on the bathing beach area and
				any natural or artificial physical hazards.