Definitions

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. (MA REG. # 1338, Dated 5-5-17) 432.010: continued 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.