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 432.010 - Definitions

Current through Register 1525, July 5, 2024
Artificial Bodies of Water
. Areas
				created by human intervention to retain water filled from a potable water
				supply for purposes of providing swimming, or swimming areas that operate
				similar to swimming pools.
At-risk Swimmers
. Program or camp
				participants who are minors that may or may not have passed a Red Cross Level 3
				or YMCA Minnow swim proficiency test, or other equivalent classification as
				approved by the Department, but have been determined to have a physical,
				psychological, medical or cognitive disability that could have a negative
				impact on their swimming ability.
Bathing Beach
. The land where access
				to the bathing water is provided pursuant to
				105 CMR 445.000:
Minimum Standards for Bathing Beaches (State Sanitary Code, Chapter
				VII)
. For purposes of 105 CMR 432.000,
Bathing
				Beaches
shall not include swimming pools, wading pools and other
				artificial bodies of water.
Bathing Water
. Fresh or salt water
				adjacent to any bathing beach at the location where it is used for bathing and
				swimming purposes.
Board of Health
. 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.
Certified Swim Instructor (CSI)
. An
				individual, employed or contracted by a municipal and recreational program or
				camp, who holds a current certificate from a nationally-recognized swim
				instructor program such as the American Red Cross Water Safety Instructor
				(WSI), YMCA AQ711B - Lifeguard - 2011, or an equivalent certificate, as
				determined by the Department.
Department
. Massachusetts Department
				of Public Health.
Minor
. Any child younger than 18 years
				old including all participants, staff or volunteers at municipal and
				recreational programs or camps.
Municipal and Recreational Programs and Camps and
				Municipal or Recreational Program or Camp
. Private, non-profit or
				municipally authorized or operated programs, clinics or camps, including
				licensed Recreational Camps for Children, as defined by
				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 180 day school year defined by each school district, that use
				public, semi-public or private bathing beaches for bathing or swimming
				activities.
Non-swimmers
. Program or camp
				participants who are minors that have not yet passed a Red Cross Level 3 or
				YMCA Minnow swim proficiency test, or other equivalent classification as
				approved by the Department.
Operator
. The owner, director or
				official who has care, charge or control of the municipal or recreational
				program or camp.
PFD
. A personal flotation device (or
				life jacket), excluding any inflatable model, which is an approved USCG Type I,
				Type II or Type III, or a comparable designation approved by the USCG and
				marked clearly with the USCG approval number.
School Year
. The 180 days designated
				for educational instruction in the academic calendar for each school district
				in accordance with
				603 CMR
				27.03:
School Year
				Requirements
. For purposes of compliance with 105 CMR 432.000, School
				Year for a private school shall be the same time period as the school year of
				the school district in which it is located.
Serviceable Condition
. A PFD without
				rips, tears, holes, visible mold or mildew odor, signs of waterlogging, damaged
				seams, straps or hardware, or any shrinkage or leaks in the buoyant material,
				which should not be broken or brittle and should spring back when
				compressed.
Swim Assessor
. An individual, 16 years
				of age or older, employed by a municipal and recreational program or camp,
				who:
(1) holds a current Red Cross Lifeguard Training Certificate,
				or Royal Bronze Medallion, or Boy Scouts of America Lifeguard Certificate or
				National YMCA Lifeguard Certificate or an equivalent certification, as
				determined by the Department;
(2) holds a current American Red Cross CPR Certificate for the
				Professional Rescuer or American Heart Association CPR Certificate for the
				Health Care Provider, or National Safety Council CPR Training, or an equivalent
				certification, as determined by the Department;
(3) holds a Red Cross Standard First Aid Certificate, or a Red
				Cross Community First Aid and Safety Certificate (which certification may be
				evidenced by a notation on the back of any Red Cross Lifeguard Training
				Certificate), or National Safety Council First Aid Training, Level 2, or an
				equivalent certification, as determined by the Department;
(4) has, at a minimum, observed one and participated in one
				annual swim test training conducted by a Certified Swim Instructor.
Swim Test
. A swimming ability
				determination conducted at a minimum once per summer for every minor at each
				program or camp by a certified swim instructor or a swim assessor.
USCG
.United States Coast Guard.
YMCA
. National Council of Young Men's
				Christian Associations of the United States of America, d/b/a YMCA of the
				USA.