105 Mass. Reg. 430.103

Current through Register 1523, June 7, 2024

Section 430.103 - Supervision and Operation of Specialized High Risk Activities

Each recreational camp for children which conducts specialized high risk activities, either on or off-site, including, but not limited to, horseback riding, hiking, scuba diving, rock climbing, firearms, archery, challenge courses, climbing walls, watercraft and aquatic activities, shall conduct such activities only under the supervision of a counselor who has evidence of appropriate training, certification and experience in each activity under their supervision. Said counselor shall be present during periods of specialized high risk activity. All camps that provide on-site aquatics activities shall have an aquatics director. If 50 or more campers are in the water or near the water, the aquatics director must be present to directly supervise the activities and may be one of the on-duty lifeguards. The operator shall make adequate provisions to assure any special training necessary for camp personnel to protect the safety and health of campers with disabilities. Any recreational camp for children that operates specialized high risk activities outside of Massachusetts shall comply with all state and local laws or regulations for such activities in the state or local jurisdiction where the activity is held and ensure that facilities hold any required licenses or permits for the specialized high risk activity where they operate.

(A)Swimming. Swimming shall be supervised by one counselor for every ten campers in the water or near the water. For every 25 campers swimming, or portion thereof, there shall also be at least one lifeguard. If swimming activities occur at a location separate from the camp, the camp shall provide supervision by lifeguards as required in 105 CMR 430.103 but is not required to provide an aquatics director. Supervision of swimming, if not provided by camp staff, may be allowed through a contractual agreement between the camp and the owner or operator of the swimming venue to supply dedicated lifeguards at the required ratio of one lifeguard for each 25 campers in or near the water.

(B)Watercraft.

(1) All watercraft activities shall be supervised by a minimum of one counselor for every ten campers in watercraft. For every 25 campers participating in watercraft activity, or portion thereof, one counselor shall be a lifeguard. Each counselor operating or supervising watercraft activities shall have documented in-person participatory training specific to the watercraft activities being overseen.

(2) Each counselor operating or supervising paddle sport watercraft activities shall hold a lifeguard certification or hold certifications in American Red Cross Basic Water Rescue and either American Red Cross Small Craft Safety or the American Canoe Association Paddle Sports course, or an equivalent certification recognized in writing by the Department that demonstrates water rescue procedures specific to the type of water and activities conducted. (3) Each counselor operating or supervising sailing or motor-powered watercraft activities shall:

(a) obtain a Boater Safety Education Certificate issued by the Commonwealth of Massachusetts or an equivalent recognized in writing by the Department; and

(b) comply with all Federal and Massachusetts Boating Laws including M.G.L. c. 90B, 323 CMR 2.00: Use of Vessels, and 323 CMR 4.00: The Operation of Personal Watercraft.

(4) All paddle sport watercraft activities carried out on white water regardless of the number of campers, shall have a minimum of two counselors, each in separate watercraft, supervising the activity. All white water activities must be carried out on water determined to be no more difficult than Class III as defined by the International Scale of River Difficulty. No trips shall be taken on unclassified white water. In addition to the certification and training required by 105 CMR 430.103(B)(2), each counselor shall have evidence of previous training and experience with this type of water activity totaling at least six hours on the water. Sailing and motor-powered watercraft activities shall not be conducted in hazardous salt or freshwater conditions.

(5) Campers shall possess at least an American Red Cross Level 4 or higher Program Certificate, or an equivalent recognized by the Department, in swimming proficiency before being allowed to participate in white water paddle sport watercraft activities.

(6) The operator of each recreational camp conducting watercraft activities shall develop a written boating safety plan, in consultation with the Aquatics Director. Such plan shall include procedures for emergencies on the water and unexpected hazardous water conditions.

(C)Scuba Diving. Scuba diving activities shall be supervised by individuals who are currently certified by a national or regional scuba training program such as the YMCA, National Association of Scuba Diving Schools, Professional Association of Diving Instructors, National association of Underwater Instructors, Scuba Schools International, or equivalent program recognized by the Department. All diving activities shall be conducted in accordance with the provisions of M.G.L. c. 90B, § 13A.

(D)Firearms. All firearm activities shall be directly supervised by an individual who possesses a current National Rifle Association Instructor's certification and maintains compliance with M.G.L. c. 140, § 129B - Firearm identification cards; M.G.L. c. 140, § 129C(m) - Exemption for instruction, or M.G.L. c. 140, § 131 - Licenses to carry firearms, as applicable. A ratio of one counselor for every ten campers on the range shall be maintained at all times. This ratio may include the instructor.

(E)Archery. A ratio of one counselor for every ten campers shall be maintained on the archery range at all times.

(F)Horseback Riding. All riding instructors used by a recreational camp for children whether staff of the camp or of another facility used by the camp, shall be licensed in accordance with M.G.L. c. 128, § 2A.

(G)Challenge Course or Climbing Wall. Camps that either operate or use challenge courses or climbing walls shall:

(1) Obtain documentation that any challenge course or climbing wall located in Massachusetts is licensed and maintained pursuant to 520 CMR 5.00: Amusement Devices;

(2) Comply with the following requirements of American Camp Association Accreditation Process Guide:

(a) at least an annual inspection by qualified personnel to ensure the integrity of the hardware, material and equipment for each element of the challenge course, climbing wall or other apparatus; and

(b) a written report of such inspection(s) including recommendations concerning the safety of the challenge course or climbing wall and appropriate remedial actions needed to correct any deficiencies noted in the report; and