Current through Register 1527, August 2, 2024
Section 432.130 - Personal Flotation Devices Provided by Parents or Guardians(A) In accordance with M.G.L. c. 111, § 127A½, an operator shall not refuse, decline, or otherwise prohibit a parent, guardian or person with custody of a minor to provide a PFD to a municipal or recreational program or camp for the minor's use, for the duration of the minor's attendance at the program or camp.(B) At no time shall the child be allowed to enter bathing water without wearing this specifically identified PFD except during closely supervised swim tests, swimming or diving lessons, and beach waterfront activities.(C) The operator shall ensure that the PFD designated for a particular child is clearly and permanently marked with the child's first and last name and a parent's or legal guardian's emergency contact information (name and telephone number).(D) The operator shall ensure that the PFD provided by a parent or legal guardian is properly sized and fitted for the child, in accordance with guidelines issued by the Department, prior to minor's first bathing or swimming activity.(E) If, at any time, the PFD provided by a parent or guardian is determined to not be properly fitting, or is damaged or otherwise not in serviceable condition, the municipal or recreational program or camp shall immediately notify the parent or legal guardian who provided the PFD. In such case, the minor shall not be allowed to participate in any swimming/bathing activity pending verbal permission from the parent/legal guardian for the minor to be properly fit tested for a PFD provided by the municipal or recreational program or camp. Any verbal permission shall be subsequently documented in writing within 24 hours, and, at a minimum, provide the date, time and name of the parent/guardian who provided permission.Adopted by Mass Register Issue 1338, eff. 5/5/2017.