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Home My WebLink About105 CMR 435.23; 435.56 � .�-- 105 C�: DEPARTME�iT OF PUBLIC HEALTH �35.23: Lifeauards (1) �e operawr shall provide one cr more lifeguards 16 years of agc or olde�the Boacd of Hralth dettrmiaes that thcy arc necessary for che safe use of the swimmiag or wading pool. The Board,wh�decermini_nQ whetha there is a nced for one or moee lifeguards aad the numixr of on-duty life to be present at the pool at any one time,shall talce into acs�unt the siu, shape capaci f the swimming or wading pool. As a guideline,it is suggested tt�at oac lifegu�rd be pranded for eaeh 25 bathers. All Iifegvards shali hold the foilowing certifications: (a) a ciareat Red Cross Lifeguard Training Certifirau,or Royal Broaze Medallion,or Boy Scouts of America Lifcguazd Cettificate or Nauonal Y.M.CA Lifegoazd Certificau or aa equivaleat ccctifirs�an,provided however,that�such alternarive certificadon shall be deuned equivalcnt ualas it shall contain all of the minimum req�iremeau mandated or requurd by one or more of the foregoiag ce:tification prog�ams;and (b) a curreat Amaican Red Cross CPR Certificau for t� Professional Rescuer or American He�rt Association CPR Certificate for the Health Cuz Provider, or Nanonal Safety Conncil CPR Training;and ' (c) a Red Cross Standard First Aid Ccrtificat:,or a Red Cmss Commuairy First�►id and " Safery Certificau(wfuch ceaification may be evidenced by a notation on the back of any Red Cross Lifeguard Trainiag Certificau),or National Safery Council First Aid Training, Level '_', or aa equivaient cerdfication, provided however, tbat no such alternative certification shall be damed equivateat unless it shal�,contain all of the minimum requiremrnts of one of the fom3oing ecrufication progam$,,,� (2) If no life8uards ase n4uirtd bY tbe Bo�d of Healt6,a vv�arning sign shall be posted in a coaspicuous location and shall stau"WARNII�fG NO I.ffEG�.1ARD ON IWTY"in easy to read, . legible letters which are az least four iaches.(tea cia)high. In addition,there shall be signs wluch are readily visible stating "CHII.DR�EN UNDER AGE t6 SHOLJL.D NOT USE .SWII�IIvlING POOL WITHOUT,�►N ADULT IN ATTENDANCE"a�"ADULTS SHOULD � tiOT SWA�4 ALONE." (3) The number of�ained Gfeguards determined necessary by the Board of Health in accordance with 105 CVIR 435Z3(1)shall be in constant atteadaace during bathing hours and no bather shall be admitted to the swimming pool unless this number of lifeguards is present (4) All lifeguacds while ori dury sha11 wear a red or bri�t orange bathing suit Any shirt or jacket worn as an outer garmeat by a lifeguatd shall also be rcd or bright orangc and have the word GUARD printed in 4"lettaing on the back. An orange hat or stm helmet shall be worn by ali lifeguards out-of-doois while on duty. A sunblock or other skin protection should be made available to all lifeguards. (5) The operator shall provide whistles and butl horns or other appropriate voice ampiificatioa devices to atl lifeguards on dury. (� Ali lifegua:ds shall direct their atteation to all pe:so�s in their assi�areas while on dury. � For swimming poois with a batha load capacity of greater than 75,it is recommended that lifeguards be isolaud from poal crowds by o�xupying elrvated seau on staads high enough to give them compleu and unobs�ucted views of persons in their assigrsod arcas. 435.24: Safetv F��}p,ment . For each 2000 square fest of water stuface area or fiaction thereof, the operator shall provide,in ceadily accessible locations,at leau oae Riag Buoy,U.S.Coast Guard appcoved, with a'/.inch potyethelene rope auached,no less in length than 1%:tunes tho width of the pool. . At those swimming pools that ate sta$'ed by lifeguards,tha�sball also be one Rescue Tube located at e�h lif�guard statioa. A backboard with maps shall aLso be readily available at each swimming pooi which is attaided by a Iifeguard. In additioq ail outdoor,inground swimmiag ' pools shall be equipped with a rescue hook . 3/20/98 (Effective 2/20/981-corsected 105 CMR- 1772 105 CVIR: DEPAR'I'vIEM'OF PUBLiC HEALTH 435.44- Avceal Any pason a�ieved by c'tie final decisioa of thc Board of Health with resPect to thc deaiai of pian approwal;variaace recNest;th°de�al•K"°�on of,or failure to renew a license;or with respect to any order issued under the provisioas of 105 CMR 435.000 may seelc rclief from any court of competent jurisdiction,as provided by the laws of the Commonwezith. 4;5.45: Penalties'L (1) pny Pcnon who operaus or maiatains a swimmin3.�8°f��P�P�x P�1 without th�unexpiicd aad us�revokcd written permission of the Board of Health shall upon conviction be fined aot las than S250 nor more than S500. Each day's violation will constitute a separate offense. (2) ,any peison who shall violatr any ptovision of 105 CMR 435.000 for which penalry is not otherwise provided in any of tlu Gcnaal Laws or in any other pcovisions of 105 CMR 435.000 or 105 CMR 400.000 shall upc+n coaviction be fined not less thaa S50�r more than S500. Each . day's violation will consritute a separate offesLse. (3) ?,ny pason who shail fail to compiy with any orda issued p�rsuaac to the pro�+isions of 105 CMR 43�.000 sbaIl upon convicaon be fined not less than S50 or more than S500. Each daWs failure to comply with an ordcr shall constimu a sepaiau`nolation. 435.46: Variance V ariances may be gtanud only as follows: Ibe Board of Health maq v�Y the aPPlicacioa of any provisions of 105 C:VIR 435.00 with respecc to anY Pa�i�1��""h�»u'iu opinion (a) the enforcanent ther�of woutd do manifest in,yustice;and ��105 C�t (b) the applicant has proved that the same degree of protectioa required �i35.00 can be achieved without strict applicatian of the particular provision. Every request for a variance shali be made in writing and shall state tl�sp��c variance sougttt and the rrasons therefore. Any variance granced bY th� Bo�d of Health shall be in writing. Any denia]of a varianc�shall also be in writing and shall contain a brief statement of the reasons for the draial. A copy of cach variance sha11 be consPic�'ously P°sted for 3t�days following its issuaacr,aad shall be available to the public at all reasonable hours in thc officc of the city or town cicrk or the office of the Board of Health while it is in effect Notice of the gant of rach variaace shall be fil�d with th�Depa��of Public Health,which shatl approve, disapptov�,or modif7'the variance within 30 days from mxipt thaeof. ff the Deparemrat fails to comment within 30 days,iu approval will be presumed. No work shall be.done under aay variance until the Departtaent approva it or 30 days elapse without its commen�unless the Board of Health or the Department certifies in writiag that aa emerBen�Y exits. 435 47 Variance Grant of Soec�al Permission• Expirarion Modificauon_��*+�+sion of Any variance or other modification authoriud w be made by 105 CMR 435.000 may be subjecc w such qualificario0.t'�'��,��+�Piration as the Boaid of Hralth expcesx.s ia iu grant A variadce or ether modifir�ion autho�tO��'105 CMR 435.000 may otherwise be revoked,modified,at�nded,in wi�le or in part,only aRa t�holder thereof has been notified in writing and has beea�iven aa oppomaiitY to be heatd,in conformity with the requiremeats for aa order aad heacing of 105 CMR 435.42 aad 435.43. REGULATORY AUTHORITY !OS CMR435.000: M.G.L.c. 11I,§ 127A.