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
(3) Maintain a ratio of one counselor for
every ten campers at all times.
