Christian’s Law M.G. L. c 111, §127A½

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

2. 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

3. 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 campswho 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.

4. Christian’s LawM.G. L. c 111, §127A½ 105 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

5. 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)

6. 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

7. 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

8. Definitions • 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.

9. Definitions • 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

10. Definitions • 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

11. 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

12. 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

13. Swim Tests 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

14. Personal Flotation Devices (PFDs) • 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

15. Personal Flotation Devices (PFDs) • 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

16. 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

17. Fit Test • 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

18. 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

19. 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

20. PFD Exception PFDs must be worn at ALL times with the exception of: • Swimming Lessons • Diving Lessons • Beach Activities

21. Who’s Responsible for PFDs? • Municipal and Recreational Programs or Camps are responsiblefor 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

22. 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

23. 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

24. 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

25. PFD Coordinator • 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;

26. 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.

27. 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.

28. Policies and Procedures • 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 432.000 • 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

29. Policies and Procedures • 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

30. Inspections • Boards of Health & Department of Public Health - Recreational Camps • LBOH inspect annually as part of licensing process pursuant to 105 CMR 430.000 • CSP conduct annual inspections based on injury reports, previous inspections and complaints

31. Inspections • 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

32. 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/operator • If 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)

33. 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.

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

35. Any Questions?