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 432.100 - Swim Test Requirements

(A) Every operator shall ensure that a swim test is conducted at a minimum once per summer for every minor at each program or camp to determine each minor's swimming ability at or before the first swimming session in order to identify and classify non-swimmers and at-risk swimmers. Designated non-swimmers and at-risk swimmers may be re-tested and re-classified at any time.

(B) The swim test shall be conducted by a Certified Swim Instructor or Swim Assessor.

(C) All program or camp participants, as well as staff and volunteers who are minors, shall be swim tested regardless of any prior year's swim test results, designations or certifications.

(D) Swim tests shall be conducted at the marine or freshwater beach venue where swimming will occur whenever possible. Swim tests may be conducted in a permitted swimming pool if the camp or program operator provides lifeguards at the marine or freshwater beach venue at a ratio of one dedicated lifeguard for each 25 participants swimming in the water. However, if lifeguards are not provided at the fresh or marine beach venue, then swim tests shall be conducted either at the fresh or marine beach venue or a comparable location.

(E) Swim tests shall be conducted under close supervision and without the use of a PFD.

(F) Swim test results for each child shall be documented in accordance with guidelines issued by the Department. Such swim test results must be readily accessible to staff and maintained in accordance with 105 CMR 432.400(B)(2).