Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 430.000 - Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV)
Section 430.020 - Definitions
Current through Register 1531, September 27, 2024
Age means the age of a person on the day a camp session begins.
Aquatic Activity means any recreational activity occurring in water at a bathing beach, swimming pool, lake, pond, river, ocean, or other natural bodies of water including, but not limited to, swimming, diving, water-skiing, wakeboarding, windsurfing, sailing, and the use of paddle sport watercrafts or motor-powered boats.
Aquatics Director means a trained water safety professional with current certifications as a lifeguard who has responsibility for supervising aquatic activities. The aquatics director shall be at least 21 years old and have experience in a management or supervisory position at a similar aquatics area of at least six weeks duration.
Bathing Beach means 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 the purposes of 105 CMR 430.000, Bathing Beaches shall not include swimming pools, wading pools and other artificial bodies of water.
Board of Health means a municipal board of health, a municipal health department, a regional health district, or any other legally constituted city, town, or county governmental unit within the Commonwealth serving as a public health agency, as established under M.G.L c. 41, § 1, or M.G.L. c. 111, §§ 26, 26A, 27A, or 27B, or its authorized agent or representative under M.G.L. c. 111, § 30. Board of Health shall also mean an inspectional services department in a city or town where the inspectional services department is responsible for the enforcement of 105 CMR 430.000. In any case in which a camp extends into the geographic jurisdiction of two or more boards, those boards may coordinate activities in effecting compliance with 105 CMR 430.000.
Camp Director means an individual who has primary and direct responsibility for the day to day operation and supervision of a recreational camp for children including oversight of program operations, supportive services, business affairs, health matters, food, staff supervision and transportation.
Camper means a child who attends a recreational camp for children, including Counselors-in-Training.
Certificate of Immunization shall mean either:
(1) any form or letter signed and dated by a physician or designee, or
(2) a dated report from the Massachusetts Immunization Information System; provided that either document specifies the month and year of administration and the type/name of the vaccines(s) administered to the camper or staff person, or alternative evidence of immunity.
Child and Children means individuals who are younger than 18 years old.
Counselor means an individual who supervises campers and who may have exclusive responsibility for campers.
Counselor-in-Training means a camper who is training to become a counselor.
CPR Certificate means a current certification in cardiopulmonary resuscitation (CPR) applicable to the age groups at the camp issued by one of the following training programs that incorporate a hands-on practical test:
(1) the American Red Cross CPR Certificate for the Professional Rescuer;
(2) American Heart Association CPR Certificate for Health Care Provider;
(3) National Safety Council CPR Training;
(4) Health and Safety Institute Basic Life Support; or
(5) any equivalent CPR training recognized in writing by the Department.
Day Camp means a program which:
(1) operates on a site for more than two hours but less than 24 hours a day;
(2) operates for at least four days during a 14 consecutive day period in a city or town; and
(3) meets the definition of a recreational camp for children.
Department means the Massachusetts Department of Public Health.
Direct Supervision means oversight of an individual authorized under 105 CMR 430.159(F) in a medical specialty camp by a licensed healthcare provider listed in 105 CMR 430.159(E) who is present on the camp property and readily available to furnish assistance and direction throughout the course of administration of medications.
First Aid Certificate means a current certification in first aid applicable to the age groups at the camp issued by one of the following training programs:
(1) American Red Cross Standard First Aid Certificate;
(2) National Safety Council Standard First Aid;
(3) Health and Safety Institute Basic First Aid; or
(4) An equivalent certification recognized in writing by the Department.
Garbage means the animal, vegetable or other organic waste resulting from the handling, preparing, cooking, consumption or cultivation of food, and containers and cans which have contained food unless such containers and cans have been cleaned or prepared for recycling.
Habitation means a portion inside a building, tent, or other structure which is used for living, sleeping, cooking, or consumption of food.
Health Care Consultant means a Massachusetts licensed physician, certified nurse practitioner, or physician assistant.
Health Care Supervisor means a person on the staff of a recreational camp for children who is 18 years of age or older and who is responsible for the day to day operation of the health program or component. The Health Care Supervisor shall be a Massachusetts licensed physician, physician assistant, nurse, or other person specially trained in accordance with 105 CMR 430.160 and has a current CPR and First Aid certificate.
Junior Counselor means an individual who assists counselors in the performance of their duties, but who does not have exclusive responsibility for supervising campers.
Lifeguard means a trained water safety professional who is at least 16 years old and holds the following current certifications:
(1) One of the following lifeguard training programs:
(2) A CPR Certificate; and
(3) First Aid Certificate.
Medical Specialty Camp means a camp with a primary purpose to provide programs for campers with special medical or health needs.
Mild Disability means a condition in which a person can function on his or her own in providing total self-care but needs assistance in other camp activities.
Operator means any person who:
(1) alone or jointly with others owns a recreational camp for children; or
(2) has care, charge or control of a recreational camp for children as agent or lessee of the owner or as an independent contractor; or
(3) is the camp director.
Person or Entity means an individual or his or her estate upon his or her death, or a corporation, a government agency, a partnership, a trust, an association, or an organized group of persons, whether incorporated or not, or any receiver, trustee, or other liquidating agent of any of the foregoing while acting in such capacity.
Primitive or Outpost Camp means a portion of the permanent camp premises or other site at which the basic needs for camp operation such as places of abode, water supply systems and permanent toilet and cooking facilities may not be provided.
Qualified Dietitian means a person who is eligible for registration by the American Dietetic Association or has at least a baccalaureate degree in food and nutrition, dietetics, or food service management.
Recreational Camp for Children means:
(1) any day, primitive or outpost, residential, sports, travel or trip camp conducted wholly or in part for recreation or recreational instruction which:
(2) any person, entity, or program that promotes or advertises itself as a camp, even if it does not meet the criteria listed above.
Residential Camp means a program which:
(1) meets the definition of a recreational camp for children;
(2) operates on a permanent site for three or more consecutive overnights; and
(3) operates for at least four days during a 14 consecutive calendar day period in a city or town.
Rubbish means waste materials including, but not limited to, such material as paper, rags, cartons, boxes, wood, rubber, leather, tin cans, metals, machine or machine parts, mineral matter, glass, plastic bags and containers, crockery, dust and the residue from the burning of wood, coal, coke, and other combustible materials. Rubbish does not include garbage, yard waste, recyclable material, or bulk items.
Severe Disability means a condition in which a person needs assistance in self-care and camp activities.
Specialized High Risk Activities means those activities posing an inherent risk of serious injury or death due to the nature of the activity regardless of reasonable precautions and supervision. Such activities present an increased risk to health and safety beyond the routine risk of exercising and being active in various weather conditions. Specialized high risk activities shall include, but not limited to, horseback riding, hiking, scuba diving, rock climbing, firearms, archery, challenge courses, climbing walls, and aquatic activities as defined in 105 CMR 430.020.
Sports means athletic activities including, but not limited to, football, soccer, dance, baseball, gymnastics, swimming, horseback riding, tennis, skating and basketball.
Sports Camp means a program which:
(1) meets the definition of a recreational camp for children;
(2) has a primary focus on one or more sports activities;
(3) operates on a site for more than two hours but less than 24 hours a day; and
(4) operates for at least four days during a 14 consecutive calendar day period in a city or town.
Staff means any person employed by a recreational camp for children, not including a volunteer, who:
(1) is or may be present at any time at the camp when campers are present and is in the service of the camp under any contract of hire, express or implied, oral or written, where the camp operator has the power or right to control and direct the person in the material details of how their work is to be performed; and
(2) is paid directly by the camp operator. This does not include any person at the camp performing contracted services (e.g., delivery person, maintenance staff, bus driver, or third party vendors) while under the supervision of the camp operator or their designee.
Stairway means any group of stairs having three or more risers.
Swimming and Diving Areas means aquatic facilities and operations generally known as swimming pools, wading pools, diving tanks, beaches, rivers, lakes, other natural bodies of water and similar areas and facilities.
Swimming Pool means a public or semi-public artificial pool of water having a depth of two feet or more at any point and used for swimming or bathing, located indoors or outdoors, and permitted as a swimming pool by the Board of Health in accordance with 105 CMR 435.000: Minimum Standards for Swimming Pools (State Sanitary Code, Chapter V).
Tent means any structure of which 25% or more of the roof or walls or both are constructed of canvas, or covered or protected by any fabric material.
Travel Camp means a program which provides care for not less than a 72-hour period, uses motorized transportation to move campers as a group from one site to another and meets the definition of a recreational camp for children.
Trip Camp means a program which provides care for not less than a 72-hour period, moves campers under their own power or by a transportation mode permitting individual guidance of a vessel, vehicle or animal from one site to another and meets the definition of a recreational camp for children. Trip Camp includes, for example, a program which leads campers by bicycle, canoe or horseback from one site to another.
Volunteer means any person who performs services in an unpaid capacity at a recreational camp for children.
