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 432.500 - Administration and Enforcement

Universal Citation: 105 MA Code of Regs 105.432

Current through Register 1531, September 27, 2024

(A) Inspection Authority. In order to properly carry out their respective responsibilities under 105 CMR 432.00 and to properly protect the health and well-being of the residents of the Commonwealth, the Boards of Health and the Department are authorized to enter, examine, or survey at any reasonable time such places as they consider necessary to carry out the provisions of 105 CMR 432.000.

(B) Notices. If, as a result of any inspection or investigation of a recreational camp, the Board of Health or the Department finds a violation of 105 CMR 432.000, the Board of Health or the Department shall issue a notice that sets forth the nature of the violation and warns that a second such violation may result in legal action. However, the Board of Health and the Department shall have the authority to initiate proceedings to enforce 105 CMR 432.000 without prior notice in those circumstances in which the Board of Health or the Department determines that there is an imminent risk to public health or safety.

(C) Enforcement Against Recreational Camps. The enforcement of 105 CMR 432.000 against the operator of a recreational camp for children shall be carried out pursuant to the enforcement provisions in 105 CMR 430.000: Minimum Standards for Recreational Camps for Children (State Sanitary Code, Chapter IV).

(D) Compliance by Municipal and Recreational Programs. Municipalities shall ensure compliance with 105 CMR 432.000 against the operator of municipal and recreational programs.

(E) Injunctions. The Department may seek to enjoin violations of 105 CMR 432.000 pursuant to M.G.L. c. 214, § 3(12). Boards of Health may seek to enjoin such violations in accordance with applicable law, including M.G.L. c. 111, § 127A1/2.

(F) Variance. Variances may be granted only as follows:

(1) The Board of Health may vary the application of any provisions of 105 CMR 432.000 with respect to any particular case when, in its opinion:
(a) the enforcement thereof would do manifest injustice;

(b) the applicant has proved that the same degree of protection required under 105 CMR 432.00 can be achieved without strict application of the particular provision; and

(c) when insurance is utilized, the applicant has provided written confirmation from the insurance carrier confirming the continuation of full coverage(s) if the minimum health and safety provision(s) are varied.

(2) Every request for a variance shall be made in writing and shall state the specific variance sought and the reasons therefore.

(3) Any variance granted by the Board of Health shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial.

(4) A copy of each variance shall be conspicuously posted for 30 days following its issuance and shall be available to the public at all reasonable hours in the office of the city or town clerk or the office of the Board of Health while it is in effect. Notice of the grant of each variance shall be filed with the Department.

(5) No action shall be taken under any variance until approved, unless the Board of Health or the Department certifies in writing that an emergency exists.

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