105 C.M.R. 432.020 – Applicability

(A) 105 CMR 432.000 shall apply to all municipal and recreational programs and camps, as defined in 105 CMR 432.010, including Recreational Camps for Children licensed pursuant to 105 CMR 430.000: Minimum Standards for Recreational Camps for Children (State Sanitary Code: Chapter IV), using any public, semi-public or private bathing beaches for bathing or swimming activities.
(B) The requirements of 105 CMR 432.000 shall not apply to municipal and recreational programs and camps using swimming pools, wading pools or other artificial bodies of water.
(C) If compliance with 105 CMR 432.000 would violate local bylaws, ordinances, or regulations governing swimming and bathing at any marine bathing beach implemented to prevent swimmers with a PFD from being pulled away from the beach due to currents, then a municipal or recreational program or camp may not operate at the marine bathing beach unless designated non-swimmers and at-risk swimmers whose parents or guardians require the use of a PFD for their child are not allowed to enter the water and are under constant, direct supervision.