Christian’s LawM.G. L. c 111,

§127A½

Christian’s LawM.G. L. c 111, §127A½ Christian 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

Christian’s LawM.G. L. c 111, §127A½

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.

Christian’s LawM.G. L. c 111, §127A½105 CMR 432.000: Minimum Standards for Personal

Flotation Devices for Minor Children at Municipal and Recreational

Programs or Camps

www.state.ma.us/dph/dcs

105 CMR 432.000

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)

105 CMR 432.000 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 432.000 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

What’s Required?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

DefinitionsSwim 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.

DefinitionsFit 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

DefinitionsFit 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

Swim Tests

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

Swim Tests 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

Swim TestsIdentification:

Colored wrist bands which identify classification of swimmers shall be provided and wornRED

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

Personal Flotation Devices (PFDs)

All PFDs are required to be United States Coast Guard Approved, Type I, II, or IIIAdequate 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

Personal Flotation Devices (PFDs)Type I: Offshore Lifejacket

Rough open waterTurn unconscious person face upRescue is slow coming

Type II: Near Shore Buoyant Vest“Classic” StyleCalm inland waterFast rescueTurn un conscious person face up

Type III: Flotation AidBoating activities and sportsCalm waterFast RescueWill not turn an unconscious person face up

Fit Test Training 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

Fit TestAll 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 waterA procedure to ensure the PFD is properly sized and fitted to the individual who is wearing itIf 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 policiesIf there is a break in session a Fit Test must be conducted prior to the minor entering the water

Fit Check Training

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

Fit Check 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

PFD Exception

PFDs must be worn at ALL times with the exception of:

Swimming Lessons

Diving Lessons

Beach Activities

Who’s Responsible for PFDs?

Municipal and Recreational Programs or Camps are responsible for compliance with 105 CMR 432.000

Municipal and Recreational Programs or Camps may contract in writing with an off-site beach to supply PFDs only

Parents & PFDs 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

Parents & PFDs 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

PFD Inspection

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

PFD CoordinatorResponsible 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;

PFD Coordinator

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.

PFD Storage Requirements

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.

Policies and ProceduresMunicipal and Recreational Programs or Camps must develop written Policies and Procedures

for their staff which include:List of PFD System CoordinatorsOrientation Plan for compliance with 105 CMR 432.000Daily check-in for swim levels & proper wrist bandsStorage of PFDs (during and after season)Inventory of PFDsDistribution and collection of PFDsTraining requirements for swim tests and PFD fittingPolicy for Fit ChecksInspection of PFDs (minimum annually) Accepting PFDs from parents/guardians

Policies and Procedures

Municipal and Recreational Programs or Camps must maintain:

PFD record bookSwim and Fit Test documentation for each municipal and recreational program or camp participantRecords for individuals who are Certified Swim Instructors (CSI)Records for individuals with Fit Test Training Records for individuals with Ft Check TrainingAll Records must be maintained for 3 years

Inspections

Boards of Health & Department of Public Health - Recreational Camps

LBOH inspect annually as part of licensing process pursuant to 105 CMR 430.000CSP conduct annual inspections based on injury reports, previous inspections and complaints

Inspections

Boards of Health & Department of Public Health - Municipal Programs

Inspect at any reasonable timeCSP intends to conduct annual inspections

Issue written notice of the violations to the owner/operator

Enforcement

Boards of Health Enforcement of 105 CMR 432.000 against a Recreational Camp will be enforced under 105 CMR 430.000

Issue written notice of the violations to the owner/operatorIf conducting an inspection of a Municipal or Recreational Program:

The bathing beach must comply with 105 CMR 445.000, according to 105 CMR 432.000 (see definition of bathing beach)

Variances

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 432.000

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.

Wrap Up

Who does this apply to?System in PlaceSwim Tests

Wrist bandsPFD Requirements

ParentsFit TestFit CheckStorage

Record KeepingInspections

Any Questions?