Section 432.400 - Policies and RecordkeepingThe operator of a municipal or recreational program or camp shall:
(A) Develop and implement, and make available to parents or guardians upon request, written policies and procedures to ensure compliance with the requirements set forth in 105 CMR 432.000, which shall include, but not be limited to: (1) an orientation plan for all staff and volunteers describing compliance with statutory and regulatory requirements;(2) a daily check-in routine for reviewing and confirming proper swimming level identification for program or camp participants;(3) a description of all storage facilities used for PFDs during the season and after the season;(4) a current inventory of PFDs;(5) procedures for distributing PFDs to and collecting PFDs from participants that have their own PFDs;(6) training requirements for appropriate staff to ensure that program and camp participants, as well as staff and volunteers that are minors, are provided a proper swim test;(7) training requirements for appropriate staff to ensure that properly-fitting PFDs are made available for applicable program and camp participants, as well as applicable staff and volunteers;(8) a procedure for classifying and identifying non-swimmers and at-risk swimmers or other categorizations of swimming ability during the course of the day and prior to each swimming activity;(9) a procedure for inspecting the serviceable condition of each PFD at a minimum annually and properly disposing of any that are not determined to be in serviceable condition;(10) a procedure for accepting, handling, testing and monitoring a PFD provided by a parent or legal guardian; and(11) a procedure to contact a parent or legal guardian that provides their child a PFD that does not fit properly or is not in serviceable condition.(B) Maintain, at a minimum, for the last three years:(1) Readily accessible policies, procedures, contracts, and applicable records for a municipal or recreational program or camp, including all documents required to be developed under 105 CMR 432.400(A);(2) records of swim tests documenting the swim test date, swimming ability determination, with the name of the certified swim instructor or swim assessor;(3) if required, PFD fit test information for each minor, including PFD type and size, and the name of the individual conducting the fit test;(4) records showing current certifications for certified swim instructors employed or designated (contracted) by the operator to conduct swim tests;(5) records showing current training for swim instructors and staff fitting PFDs; and(6) records of an annual inventory of equipment required by 105 CMR 432.000, and updates as needed.Adopted by Mass Register Issue 1338, eff. 5/5/2017.