Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches
Section 445.300 - Permit Required to Operate

Universal Citation: 105 MA Code of Regs 105.445

Current through Register 1531, September 27, 2024

(A) Permit Required to Operate. After May 26, 2009 no person shall commence the operation of, or continue to operate, a bathing beach unless the operator is the holder of a valid permit issued by the Board of Health or the Department.

(B) Application. By no later than April 26, 2009, any person operating a bathing beach desiring to continue operating said beach shall file a written application for a permit with the Board of Health, on forms prepared by the Department and obtained from the Board of Health. Any information as required by the Board of Health and payment of any fee required by local bylaw, ordinance or regulation shall accompany the application.

(C) Permit. Upon receipt of a completed application form and any applicable fee, the Board of Health shall review the information to determine if the beach meets the criteria established in 105 CMR 445.000. If so, the Board of Health shall make a determination within 30 days for existing applicants or 60 days for new applicants whether to issue a permit to the operator or the proposed operator to operate a bathing beach, on a form provided by the Department.

(D) Expiration and Renewal of Permit.

(1) A permit shall expire no later than two years from the date issued.

(2) A bathing beach permit may be renewed by applying at least 30 days prior to the expiration of the permit. Renewal application forms prepared by the Department shall be obtained from the Board of Health.

(3) Upon receipt of a completed renewal application form and any applicable fee, the Board of Health shall issue a renewal permit, provided that the conditions for operation set forth in 105 CMR 445.000 are satisfied. The Board of Health may suspend, revoke, or refuse to renew a permit to an operator who is in repeated non-compliance with 105 CMR 445.000.

(4) If a permit expires while a timely filed application for renewal is pending, the bathing beach shall continue to operate under the expired permit until a new permit is issued or the renewal application is denied.

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