Definitions

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 (MA REG. #1262, Dated 6-6-14) (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. 445.010: continued 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.