Chr istian Frechette Drowned at a Municipal Program July 13, 2007 He was 4 years old His father was unable to provide a PFD to the employees Family has since advocated for Christian’s Law

Enacted July 12, 2012; Effective date October 16, 2012 This law applies to all municipal and recreational programs or camps who conduct swimming at fresh or saltwater beaches Ensure that all minors are swim tested at the first swimming session; Provide a properly sized and snug fitting personal flotation device (PFD) Type I, II or III to all minor children determined to be either a non-swimmer or an at-risk swimmer; and Allow parents or legal guardians to provide their own properly fitting PFD to the child if they so choose.

105 CMR : Minimum Standards for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs or Camps

Minimum requirements for developing and implementing a system to provide PFDs to minors at Municipal and Recreational Programs and Camps Applies to: ALL Municipal and Recreational Programs; Recreational Camps; and Public or Private School Programs (outside of the regular school year)

Municipal and Recreational Programs or Camps using any: Public; Semi-public; or Private bathing beaches For bathing or swimming activities If compliance with 105 CMR violates local ordinances or rules governing the use of PFDs, the municipal and recreational program or camp may not operate at that bathing beach Swimming at pools or other artificial bodies of water are excluded from this regulation

A system in place to provide PFDs to children who are: Swimming and/or bathing Determined to be a non-swimmer or at risk swimmer The system must include: A Swim Test Access to USCG approved PFDs Type I, II or III A Fit Test Procedure

Swim Test : Conducted by a Certified Swim Instructor (CSI) At the location where the swimming activities will occur Non-Swimmers: Are minors who have: Not yet passed the American Red Cross Level 3; Not achieved YMCA Minnow swim rating, or Equivalent certification as determined by the Department. At Risk Swimmers: Are minors who: May or may not have passed the American Red Cross Level 3; May or may not achieved YMCA Minnow swim rating or equivalent certification; but Have a physical, psychological, medical or cognitive disability that could have a negative impact on their swimming ability.

Fit Test Training : All appropriate staff conducted at a minimum annually Prior to the first swimming activity of the season Consists of proper PFD fit test procedures, as established by the USCG, or other entities, and approved by the Department The Department is in the process of finalizing a training video with the USCG Fit Test: Is completed after a child is determined to be a non-swimmer or at risk swimmer Before a child enters the water at the beginning of each session The PFD is fitted to the child to ensure they are wearing the correct size

Fit Check Training : All appropriate staff conducted at a minimum annually Prior to the first swimming activity of the season Consists of a requirement for staff to read and understand the manufacturer’s guidelines for wearing each available type of PFD Instructing staff how to access the PFD system record book in order to confirm PFD sizes for all individuals Fit Check : Completed at each subsequent water entry PFD is checked to ensure a proper fit; i.e.; snug

Who is qualified to conduct a swim test? Certified Swim Instructor (CSI) American Red Cross Water Safety Instructor (WSI); YMCA Lifeguard; or An instructor with an equivalent certification, determined by the Department

All minors MUST be swim tested If the minor participates in successive sessions they don’t need to be re-tested each week, as long as current policies are maintained The minor can however be re-tested at any time if they believe they have advanced in their swimming ability If there is a break in session, that minor must be re-tested

Identification: Colored wrist bands which identify classification of swimmers shall be provided and worn RED Not achieved ARC Level 3; or Not achieved YMCA Minnow Level; Any non-swimmer and at risk swimmer BLUE Each child who has a PFD provided by a parent/guardian ANY OTHER COLOR (Optional) Designates additional levels of swimming ability Silicone Wrist Bands Are Prohibited

All PFDs are required to be United States Coast Guard Approved, Type I, II, or III Adequate number and range of sizes must be available for every non-swimmer and at risk swimmer As part of the application process, parents/guardians will be asked to provide information regarding their child’s swimming ability

Type I: Offshore Lifejacket Rough open water Turn unconscious person face up Rescue is slow coming Type II: Near Shore Buoyant Vest “Classic” Style Calm inland water Fast rescue Turn un conscious person face up Type III: Flotation Aid Boating activities and sports Calm water Fast Rescue Will not turn an unconscious person face up

Conducted by a trained individual who meets the requirements set forth by the Department Fit Test Training will be incorporated into orientation prior to the beginning of the season Currently working on developing a video with the U.S. Coast Guard Auxiliary for proper fit testing procedures

All Municipal and Recreational Program or Camp participants shall be fit tested, if determined to be a non-swimmer or at risk swimmer, prior to entering the water A procedure to ensure the PFD is properly sized and fitted to the individual who is wearing it If the minor participates in successive sessions they don’t need to be fit tested each week if the municipal and recreational program or camp maintains current policies If there is a break in session a Fit Test must be conducted prior to the minor entering the water

Completed by staff and volunteers Comprehend the manufacturers guidelines for wearing PFDs Read the USCG booklet that comes with each PFD Become familiar with different PFD sizes Know where and how to access the record book

This is done after the fit test and at each subsequent water entry Conducted by someone who has met the training requirements set forth by the Department Conducted each and every time the minor puts on a PFD prior to entering the water Ensures the minor is wearing the PFD correctly

PFDs must be worn at ALL times with the exception of: Swimming Lessons Diving Lessons Beach Activities

Municipal and Recreational Programs or Camps are responsible for compliance with 105 CMR Municipal and Recreational Programs or Camps may contract in writing with an off-site beach to supply PFDs only

Parents/guardians must be able to provide their own PFD for their child to use PFD must be USCG Type I, II, or III PFD must be clearly labeled with the child's name and the parent/guardians emergency information Child is required to go through a Fit Test and a Fit Check with their PFD

PFD must be in in good condition and fit properly If not the parent/guardian must be notified Child unable to participate in water activities Parent must authorize the child to be fit tested and use a PFD supplied by the municipal and recreational program or camp Document in Record Book

PFDs must be inspected at least once per calendar year: Prior to each season As needed throughout the operational season Ensure cleanliness and condition If found to be damaged Cut up and throw away immediately Document staff’s name as well as the date & time of the PFD inspection

Responsible for the provision and storage of all PFDs; Oversees the process for determining non-swimmers or at-risk swimmers; Ensures minors are confined to swimming areas consistent with the limits of their swimming skills; Certified Swim Instructor (CSI), or must coordinate with a CSI, employed or designated (contracted) by the Operator of the Municipal or Recreational Program or Camp;

Has met requirements for fit test training; Is responsible for all record keeping requirements; Is required to be present at all times during designated swimming classification and initial PFD fit tests; and Must be available for consultation at all other times during swimming sessions, as needed.

All PFDs shall be stored as close to the bathing beach as possible as allowed by state and local ordinances; PFDs shall be dried prior to storage; The storage facility shall have adequate ventilation; and Permanent or mobile.

Municipal and Recreational Programs or Camps must develop written Policies and Procedures for their staff which include: List of PFD System Coordinators Orientation Plan for compliance with 105 CMR Daily check-in for swim levels & proper wrist bands Storage of PFDs (during and after season) Inventory of PFDs Distribution and collection of PFDs Training requirements for swim tests and PFD fitting Policy for Fit Checks Inspection of PFDs (minimum annually) Accepting PFDs from parents/guardians

Municipal and Recreational Programs or Camps must maintain: PFD record book Swim and Fit Test documentation for each municipal and recreational program or camp participant Records for individuals who are Certified Swim Instructors (CSI) Records for individuals with Fit Test Training Records for individuals with Ft Check Training All Records must be maintained for 3 years

Boards of Health & Department of Public Health - Recreational Camps LBOH inspect annually as part of licensing process pursuant to 105 CMR CSP conduct annual inspections based on injury reports, previous inspections and complaints

Boards of Health & Department of Public Health - Municipal Programs Inspect at any reasonable time CSP intends to conduct annual inspections Issue written notice of the violations to the owner/operator

Boards of Health Enforcement of 105 CMR against a Recreational Camp will be enforced under 105 CMR Issue written notice of the violations to the owner/operator If conducting an inspection of a Municipal or Recreational Program: The bathing beach must comply with 105 CMR , according to 105 CMR (see definition of bathing beach)

The Board of Health may vary the application if: The enforcement would do Manifest Injustice and The applicant has proved that the same protection can be achieved without strict application under 105 CMR All requests shall be made in writing, include the variance sought and the reasoning; All variances granted by the BOH shall be in writing; All denied variances shall be in writing and provide reasoning; Copies of every variance shall be available to the public; and Notice shall be filed with the Department if Public Health, which will approve, deny, or modify within 30 days of receipt.

Who does this apply to? System in Place Swim Tests Wrist bands PFD Requirements Parents Fit Test Fit Check Storage Record Keeping Inspections