HomeMy WebLinkAboutMiscellaneous - 594 CHICKERING ROAD 4/30/2018 (3) CORRESPONDENCE
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594 CHICKERING ROAD 070.0-001Z
Complaint Detail Report
Printed On:Thu May 0
Complaint#: CT-2011-000039 Status: Closed GIS#: 4335 Viola or: Knowledge Learning Corporatio
,jaRrh Address: -MI NG ROAD Map: 1070.0 Address: rollaway
Date Recvd.: Jan- ITime Recvd.. 10:05 AM Block: 10017 PORTLAND,OR 97232
Category: oo-Handling Lot: Type: Commercial
40
s GeoTMS Module: Board of Health District:+ Trade: Day Care Center
�ss�cwuss Recorded By: Pamela DelleChiaie Zoning: _ Structure:Kindercare Learning Center#14
Description:
Complaint: See email dated 1/13/2011:
Thank you for contacting us Bob.Kindercare holds a food establishment permit with us and your concerns are very important ones,especially when they relate to our
children.Your complaint has been logged and our inspector,Michele Grant,will check out the establishment,and discuss the complaint and any items she may
observe.
Thank You
Susan Sawyer
Health Director
From:Bob Smith[mailto:sportsfanusa74@yahoo.com]
Sent:Wednesday,January 12,2011 12:23 PM
To:Sawyer,Susan;Sawyer,Susan
Subject:concern
I have a concern about kindercare in North Andover on Chickering Road. I do not believe the use of gloves when handling food is something they are doing,also the
food that the children are given is many times brought out to the classroom for snack then brought into the kitchen mixed together with other left overs and used
again! Many times the food has expired in the fridge,freezer,and on shelves the food is taken out of original containers and not dated so many times it is full of
mold. As a parent it makes me sick and nothing is done when you complain to them. please check into this before a child gets sick.
Comments:
Inspector Assigned to Complaint: Michele Grant
Contacts
Contact Type Date Time Name Phone Best Time To Reach Recorded By Response
Caller Jan-13-2011 10:05 Bob Smith Email: Pamela DelleChiaie Follow-Up by Health
AM sportsfanusa74@yahoo. Inspector
com
Actions Taken
GeoTMS Module Status Date Time Response Type Action Taken Comments
Board of Health REFERRAL
GeoTMS®2011 Des Lauriers Municipal Solutions, Inc. Page 1 of I
PRINTED BY:Pamela DelleChiaie-PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU.
DelleChiaie, Pamela
From: Sawyer, Susan
Sent: Thursday, January 13, 2011 10:05 AM
j To: 'Bob Smith'
Cc: Grant, Michele; DelleChiaie, Pamela
Subject: RE: concern
Thank you for contacting us Bob. Kindercare holds a food establishment permit with us and your concerns are very
important ones, especially when they relate to our children. Your complaint has been logged and our inspector, Michele
Grant, will check out the establishment, and discuss the complaint and any items she may observe.
Thank You
Susan Sawyer
Health Director
From: Bob SmithLmailto:sportsfanusa74@yahoo.coml
Sent: Wednesday, January 12, 2011 12:23 PM
To: Sawyer, Susan; Sawyer, Susan
Subject: concern
I have a concern about kindercare in North Andover on Chickering Road. I do not believe the use of gloves
when handling food is something they are doing, also the food that the children are given is many times brought
out to the classroom for snack then brought into the kitchen mixed together with other left overs and used
again! Many times the food has expired in the fridge, freezer, and on shelves the food is taken out of original
containers and not dated so many times it is full of mold. As a parent it makes me sick and nothing is done
when you complain to them. please check into this before a child gets sick.
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more
information please refer to:http://www.sec.state.ma.us/ore/preidx.htm.
Please consider the environment before printing this email.
I IOFI
DelleChiaie,Pamela
PAYEE: NORTH ANDOVER TOWN OF DATE: 04-NOV-10
BOARD OF HEALTH
1600 OSGOOD ST
BLDG 20 STE 2-36 CHECK NO: 10545956
NORTH ANDOVER,MA 01845
AMOUNT: *********60.00
VENDOR:NORTH ANDOVER TO 16132
INVOICE DATE DESCRIPTION P.O.NO. GROSS AMT. DISCOUNT NET AMOUNT
301485100210 02-OCT-10 X1557 301485 60.00 0.00 60.00
0
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7DEC '; 5 2010
• TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
KNOWLEDGE LEARNING CORPORATION TOTALS 60.00
1-800-214-1607
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s PRINTED BY:Pamela DelleChiaie- PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU.
1
DelleChiaie, Pamela
From: Bixby, Melanie[mbixby@klcorp.com]
Sent: Friday, December 17, 2010 4:31 PM
To: DelleChiaie, Pamela
Cc: Bixby, Melanie
Subject: FW: Town of North Andover checks
Attachments: 20101217123850621.pdf
Hi Pamela,
I received this from our corporate offices. We had a building inspection at the beginning of the week and the
inspector said we only send in $60.00. I was not here but I think you have the $100.00 check and the Building
department has the bumpster Permit check.
Please let me know what to do.
Sincerely,
Pat Corsaro
Melanie Bixby
Center Director
KinderCare Learning Center of North Andover
594 Chickering Road
North Andover, MA 01845
Phone 978.685.8111 / Fax978.557.9668
From: Luce, Michael
Sent: Fri 12/17/2010 3:40 PM
To: Song, Esgel
Cc: Bixby, Melanie
Subject: FW: Town of North Andover checks
Esgel—could you please look into or forward to the correct person in AP for the copies of the checks??
Thanks
I OF 5
DelleChiaie,Pamela
PRINTED BY:Pamela DelleChiaie-PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU.
Or
-JKicfweCLuce-
Knowfedge universe
503-872-1557 ph
503-872-1314 fax
From: Bixby, Melanie
Sent: Friday, December 17, 2010 10:47 AM
To: Luce, Michael
Subject: Town of North Andover checks
Dear Michael,
I am still having problems with the town receiving the right checks for the right permits. Could you possibly FAX
me copies of the checks? I think what happened was:
The Building Dept. received a check for an inspection for $60.00 (which was for the dumpster permit)
The Board of Health received the $100.00 check for the building inspection not the dumpster permit.
Thank you in advance for your help.
Sincerely,
Pat Corsaro
Melanie Bixby
Center Director
KinderCare Learning Center of North Andover
594 Chickering Road
North Andover, MA 01845
Phone 978.685.8111 / Fax978.557.9668
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more
information please refer to:hftp://www.sec.state.ma.us/are/preidx.htm.
Please consider the environment before printing this email.
5 5OF5
DelleChiaie,Pamela
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> ® ' NORTH ANDOVER TOWN OF
USD 1 o
Invoice Amount Withheld Am
100 OOJ 16132 �j` BLDG DEPT --
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Invoice Date Invoice Num: InvoiceCurr Invoice Amount' V'Jithheld Am
Manual Invoice.Entry_ Standard NORTH AN 16132 1660,0St -;10.102/2010 301485i0021t USD 60.00
NORTHANDOVER TOWWOF01 -
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_ . 60:00 16132 - 1600 OSGOODj
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001485100290 60.00 111/OV2010 � X1557 301485 Kinder.0 1e erste
Center#1485
I I N.Andover,MA 01845
Invoice.Overview, Bank Supplier Payments
Knowledge
Learning
Corporation® Void/Reconciled Check Request
Where Lifetime Learning Begins'
CHECK ONE
❑✓ KinderCare ❑Knowledge Learning Corporation ❑KC Distance Learning
Attach a screen print of AP90.5(Lawson)or Payment Overview(Oracle)
DATE OF CHECK(must be older than 14 days) CHECK NUMBER TOTAL AMOUNT OF CHECK
11/4110 10545956 $60.00
REQUESTED BY DATE PHONE/EXT.
Mike Luce for C301485 12/17/10 1557
❑Void Request ❑✓ Copy Request
❑ Vold and Reissue ❑ Print Copy(front and back)
❑ Void and No Reissue
❑ Return Copy To:
Why is the void required?
Q Email Copy To: C301485 Attn:Pat
TAbove to be completedbyRequester
........_._._._._._._._.,....,...._._._. ....................
_ .....
E Below to be completed by Accounts Payable y
T Bank of America 1
DATE CHECK CASHED DATE CHECK STOPPED
❑Cashed F]Stopped
COPY SENT/EMAILED TO DATE
12/17/10
DATE OF VOID AND REISSUE DATE OF VOID AND NO REISSUE PROCESSED BY
--•_._._._._,_._._,_._._._
NOTES:
140016-FIN-APY 3W 0 2009 OMedge Learning Corporat(on.Ag*Is reserved.
w
Knowledge
Learning
Corporation® Void/Reconciled Check Request
Where Lifetime Learning Begins'
CHECK ONE
❑✓ Kindercare []Knowledge Learning Corporation ❑KC Distance Learning
Attach a screen print of AP90.5(Lawson)or Payment Overview(Oracle)
DATE OF CHECK(must be older than 14 days) CHECK NUMBER TOTAL AMOUNT OF CHECK
1118/10 10546481 $100.00
REQUESTED BY DATE PHONE/EXT..
Mike Luce for C301485 12/17/10 1557
❑Void Request [✓] Copy Request
❑ Void and Reissue ❑ Print Copy (front and back)
❑ Vold and No Reissue
Why is the void required? El Return Copy To:
Q Email Copy To: C301485 Attn: Pat
be completedequester
..................... ............ T_Above to.................by.............................................
........ _.^._....._._._._._....._._._._...,..
J Below to be completed by Accounts Payable
1 Bank of America
DATE CHECK CASHED DATE CHECK STOPPED
❑Cashed El Stopped
COPY SENT/EMAILED TO DATE
12/17/10
DATE OF VOID AND REISSUE DATE OF VOID AND NO REISSUE PROCESSED BY
..-•_._..._._._._._._._._._.._._._._._
NOTES:
140016-MAPY M ®2009 KWMedge Learning CorporaCon.M dghts reserved.
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Ub.;1NING CENTERS, INC.
LOST CHILD PLAN
It is required that children be supervised at all times by
qualified staff.
Should it at any time occur that a child is missing, it is
important to immediately take the following action:
1 . Stay calm. Let the Director or designated person in charge
know at once.
2. Check the sign-out =beet. Make a quick, complete search
of the total buildi g and grounds. Ask if anyone saw child
leave and with whon;. Determine when and by whom child was
last seen.
3. Call the parent(s ) :.r guardian. Tell them their child is
missing. Inquire il' they have the child or know of where
the child is. Tell them you will now call others authorized
to pick up if appropriate.
4. Call the police to ,inform them; tell them your name, ECLC
Learning Center, 594 Chickering Road, we are reporting a
lost child. Give child's name, give description of him/her
from child 's folder.
5. The Director or designated person will call Corporate Office
of SCLC to let them know. The Director will keep notes
of action taken, ti_,tes, by whom.
6. Call CHILD FIND for their help. P.&•V%A. : ��.� L �
7. Stay with it and do.; 't panic. Be positive, time is
important. Move fast.
REMEMBER! Actively sup,_rvise at all times. If you ever see
anyone hanging around c.. coming to the fence report it at once
to the office. Keep a _List of authorized persons for pick-up
in your attendance boob:. Report any changes of telephone #
or address to office.
r
594 CHICKERING ROAD, NORTH ANDOVER, MASSACHUSETTS 01845 TEL. 685.8111
.lj a
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Hepatitis A Training - 2005
Through the North Andover Health Department
And U-Mass Lowell Nursing Students
Hepatitis A immunizations will be offered to all food handlers within the community. We strongly
encourage your business to participate in this program for the benefit of your establishment and the health
of your patrons. The participation of your establishment with the program will be kept on record and made
available to the public.
Please indicate the interest of your establishment by putting your name and contact person and phone
number on the enclosed form,and respond with the included self addressed stamped envelope within 5
business days. The target date for the training will be sometime in the second week in April. We will
notify you when confirmed.
There will be a small fee associated with the application of the shots.
lGnderCare l eamingCer�rt
RECEIVED
Name of Establishment: Center#1485
594 Chickedng ROL MAR 2 4 2005
N.Andover,MA 01845
Contact Person, l ,�j TOVVIV Oi=N0,fjTH ANDOVER
HEALTH DEPARTMENT
Contact Phone Number(s):
How many employees do you anticipate will attend the training? /
❑ Check here if you need additional information
❑ Check here if DO NOT wish to participate and do not wish to be contacted
Call the Health Department at 978.688.9540 with any questions or information.
AIDS AND HEPA THIS B
PREVENTION FOR
CHILDCARE WORKERS
(Compliance Training for the Bloodborne Pathogen Standard 29 CFR 1910.1030),
Batts Healthcare Consulting Services
14 Wyndcliff Drive
Acton,Massachusetts 017204818
0 copyright by R Batts 1993
AGENDA
Objectives
Definition of Terms
Video on Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV)
Risks and Recognition of Exposure Conditions for Childcare Workers
Universal Precautions
Personal Protective Equipment
Safety Practices for Preventing Exposure
Required Labeling and Color-Coding of Biohazardous Materials&/or Waste
Procedures to Follow In The Event of An Occupational Exposure
Record Keeping Requirements
Questions and Answers
OBJECTIVES
Upon completion of this training program the participant will be able to
Describe the two bloodborne viruses that pose the most serious exposure risks in a
childcare setting;
Name the modes of transmission for these viruses and list the body fluids that could
contain enough HIV or HBV to transmit infection;
Define Universal Precautions and describe the steps that should be taken to minimize
risks of exposure;
List the steps that should be taken after an exposure incident to prevent infection.
1
c BLOODBORNE PATHOGEN STANDARD
The General Duty Clause of the Occupational ,Safety and Health Act of 1970
requires that employers provide a workplace that is free from recognized hazards likely to
cause death or serious physical harm. In addition, the Bloodborne Pathogen Standard 29
CFR 1910.1030, promulgated by OSHA on December 6, 1991, clearly mandates that
employers take measures to reduce the risk of exposure to bloodborne pathogens
including training on what the risks are and how to control the risk of exposure at work
through the use of personal protective equipment and safety practices.
BLOODBORNE PATHOGENS DEFINED
A "pathogen" is an organism that causes disease. "Bloodborne" means that the
disease is spread through direct contact with infected blood or certain other body fluid;
that is, the infected blood or body fluid enters another individual either by injection,
transfusion, sexual intercourse or by entering through cuts or openings in the skin, or
through the mucous membranes of the eyes, mouth or nose.
Although there are other diseases that are bloodborne, such as syphilis, the two
bloodborne viruses that pose a special risk to healthcare workers and others who provide
first aid, are the Hepatitis B Virus (HBV) and the Human Immunodeficiency Virus (HIV).
HBV
According to recent statistics published by the Centers for Disease Control (CDC),
HBV infects 9,000 of the 5 million U.S. healthcare workers each year resulting in 400-500
hospitalizations and 200 deaths. About 80% of people who get HBV experience sub
clinical symptoms; that is, they don't even know they have the virus or that they are
infectious.
Hepatitis B is an inflammation of the liver. Its symptoms range from very mild flu-
like complaints to clinical illness characterized by lack of appetite, dark urine,jaundice,
nausea, vomiting, abdominal pain and diarrhea.
Some people become chronic carriers of Hepatitis B. Chronic carriers are people
without active HBV who can transmit the infection to others for 6 months or more. Some
people remain chronic carriers for several years or for life.
Blood tests can be used to detect active HBV infection, past infection, immunity or
carrier status. There are several vaccines available for preventing HBV. They are safe
and over 90% effective in preventing HBV.
b l ab a qou ik-x -
2
Q HIV
The risk of getting HIV from occupational exposure is very small. As of
December 1991, out of 5 million healthcare workers in the U.S., 29 workers had been
documented as infected with HIV through occupational exposure. However, the number
of diagnosed cases of AIDS in the US general population was already at 315,000 by
October 1, 1993 and is growing rapidly.
HIV is a virus which attacks the body's immune system, limiting the body's ability
to fight off infections. Once infected with HIV, the virus remains in the body for life.
Everyone who gets infected with HIV becomes a life-long carrier.
HIV can cause flu-like illness with fever, rash, swollen glands and joint pain that
develops within a few weeks after exposure and goes away within a few days. HIV can
also cause AIDS Related Complex(ARC)with persistent swelling of the lymph nodes,
chronic fever, weight loss, diarrhea, fatigue, thrush, or other symptoms. Many people
with ARC go on to develop AIDS.
Acquired Immunodeficiency Syndrome(AIDS) is HIV infection accompanied by
serious immune system deficiency and one or more opportunistic infections.
Opportunistic infections are either rare, or rarely infect people with healthy immune
systems. Some of the opportunistic infections listed by the CDC include tuberculosis,
pneumocystis carinii pneumonia, Kaposi's sarcoma(a form of skin cancer), and thrush (an
oral fungal infection).
About 30% of people with known HIV infection develop AIDS within 5 years, but
the incubation period may be as long as 14 years or more. About 50% of people with
AIDS die within 18 months; 80% die within 3 years; and the 5-year mortality rate
approaches 100%.
MODES OF TRANSMISSION FOR HBV AND HIV
HBV and HIV live in blood and certain other body fluids and tissues. Blood is the
single most important source of HIV and HBV in the workplace, but other materials that
may contain enough virus to transmit infection are: fluids containing visible blood; semen;
vaginal secretions; fluid from the spine,joints, heart, abdomen and lungs; amniotic fluid;
and body tissue. Tears, saliva, nasal secretions, urine, feces, sputum, sweat and vomit are
NOT considered sources of HIV or HBV infection unless the material contains visible
blood. Only nursing babies or employees exposed to large amounts of breast milk(i.e.,
breast milk banks) risk getting HIV or HBV from this fluid.
Transmission occurs when infectious body fluids or tissue enter the bloodstream.
In the general population, HIV and HBV are transmitted through intimate sexual contact,
3
9 sharing used needles, receiving infected blood or blood products, and by passing the
infection from mother to baby during pregnancy or through breast feeding. In the
healthcare or first aid setting, the primary transmission modes are:
puncture wounds caused by contaminated sharp objects-,
♦ skin contact that allows infectious materials to enter the body through breaks in the
skin;
mucous membrane contact that allows infectious fluid or tissue to enter the body
through the eyes, mouth or nose.
Your personal level of risk depends, in part, on how much blood or "risky"
material you are exposed to and how often you are exposed. Occupational exposure
means "reasonably anticipated skin, eye, mucous membrane or parenteral contact with
blood or other potentially infectious materials that may result from the performance of an
employee's duties". Some occupational exposures include:
♦ all first aid occurrences in which blood or other potentially infectious materials are
present;
direct care for any child with open, oozing sores or rashes;
any other situation in which blood or other potentially infectious materials are present.
An exposure incident is an occupational exposure in which there was specific
skin, eye, other mucous membrane or piercing contact with blood or other potentially
infectious materials.
In the childcare setting, examples of exposure incidents might include:
♦ A bite from a child with bloody saliva or an open and bleeding wound in his/her
mouth. The bite causes a break in the skin of the childcare worker.
A child sustains a bloody wound or nose bleed;the childcare worker performs first aid
without gloves and has open areas or cracked skin on his/her hands, or the blood is
accidentally splashed into the eyes, nose or mouth of the childcare worker.
A childcare worker changes the diaper of a child with a bloody bowel movement or of
a child with a weeping diaper rash. The childcare worker does not wear gloves and
has open wounds on his or her hands.
♦ A childcare worker assists a sick child who is vomiting. There are streaks of blood in
the vomitus. The childcare worker does not wear gloves and has very chapped hands.
4
9 EXPOSURE CONTROL METHODS
UNIVERSAL PRECAUTIONS
You can minimize your risk of exposure at work and perform your job safely by
exercising "Universal Precautions" whenever you handle blood or any other potentially
infectious materials. Universal Precautions are guidelines developed by the Centers for
Disease Control, the recognized expert on the spread and control of diseases in the
workplace. Universal Precautions stress that the blood and certain other body fluids of
all persons are potentially infectious for HIV, HBV and other bloodborne diseases.
Therefore, whenever a worker can expect to have contact with potentially infectious
materials, they must wear the appropriate personal protective equipment and use safe
work practices which minimize or eliminate the risks of direct exposure.
PERSONAL PROTECTIVE EQUIPMENT
The types of personal protective equipment which should be available in a
childcare setting include: gloves, waterproof gowns or aprons, masks and goggles or face
shields. Gloves should be worn by childcare workers whenever performing first aid for
open wounds or any bleeding condition, changing diapers on babies with diaper rashes and
any other situation which poses a risk of exposure to potentially infectious materials.
SAFE WORK PRACTICES
Safe work practices are specific procedures or controls that employees follow to
reduce their exposures to bloodborne pathogens. Any procedure or task that involves
exposure to blood or other risky material must be performed in a manner that minimizes
skin contact or splashing. Safe work practices include process procedures such as the
proper method of removing contaminated gloves, proper regulated waste disposal and
methods for decontaminating equipment or surfaces which have become soiled with blood
or other potentially infectious materials.
POST-EXPOSURE FOLLOW UP PROCEDURES
If an occupational exposure to blood or other potentially infectious material occurs
(first aid incident), regardless of whether you had actual skin, eye, other mucous
membrane, or puncture contact with blood, you must report the exposure to your
employer immediately and complete a written account of the circumstances. Your
employer is required by law to keep a log of all such exposures. Your employer is also
required to offer you the Hepatitis B vaccine following an occupational exposure.
5
1
If, in addition to the occupational exposure, you have an actual exposure incident
(blood gets into eyes, mouth, nose, or onto broken skin), your employer must arrange for
you to have a medical evaluation by a licensed healthcare professional as soon as possible
but no later than twenty-four hours after the incident.
For more details on what to do following an occupational exposure or an exposure
incident, refer to your center's BLOODBORNE PATHOGEN EXPOSURE
CONTROL PLAN. You have the right to access and review of your center's
EXPOSURE CONTROL PLAN. Check with your employer for its location and hours of
availability.
STAY SAFE AND HEALTHY
FOLLOW YOUR COMPANY'S EXPOSURE CONTROL PLAN
6
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF NORTH ANDOVER
BOARD OF HEALTH
Date: 12/30/99
Fee: $25.00
Permit# 259-OD
This is to certify: Kinder Care Learning Centers, Inc.,
594 Chickering Road, North Andover, MA 01845
is hereby granted a....
F- DUMPSTER PERMIT
This permit is granted in conformity with statutes and ordinances relating
thereto, and expires December 31, 2000 unless sooner suspended or
revoked.
Gon Osgood, Chairman
J
Francis P. Mac Ulan, ., Member
John S. Rizza, D.M.D., Member
TOWN OF NORTH ANDOVER
BOARD OF HEALTH
27 CHARLES STREET
NORTH ANDOVER, MA 01845
TELEPHONE (978) 688-9540
APPLICATION FOR DUMPSTER PERMIT
PURSUANT TO SECTION 3 1 A AND 3113 OF CHAPTER III
OF THE GENERAL LAWS, AND RULES AND REGULATIONS OF THE
NORTH ANDOVER BOARD OF HEALTH
DATE:
Application is hereby
�made
n forya permit to maintain a dumpster(s) on property located at
lJ Qy ���C�e�i N 4 C3C.2_I\)• is N�C7y'er 0�<f L"�
in accordance wi the rules and regulations of the Board of Health.
Number of Dumpsters:
Check use:
( ) Residential use (4 Commercial use ( ) 30 day temporary () Annual
Name of applicant:
Owner of property: Kc Nde� Ce Less ti C�k``
Telephone#: �9 7--g)
Dumpster Company: W�\t Mctj- mo,A
Telephone#:
Pick-Up Schedule:
Trash Contractor:
Frequency of Pick-Up:
On the back of this form, please sketch an outline of property, showing the proposed
location of the dumpster(s). Give distance from dumpster to other buildings and lot lines
or boundaries.
FEE: $25.00 per establishment Payable to: Town of North Andover
LATE FEE AFTER JANUARY 1st WILL BE DOUBLED - $50.00
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF NORTH ANDOVER
BOARD OF HEALTH
PERMIT TO OPERATE A FOOD ESTABLISHMENT
Date: 12/30/99
Permit # 199-OFS
Fee: $100
In accordance with regulations promulgated under authority of Chapter 94,
Section 305A and Chapter 111, Section 5 of the General Laws a permit is
hereby granted to:
Kinder Care Learning Centers, Inc. #1485, 594 Chickering Road, North
Andover, MA 01845
. ermit`Expires: December 31, 2000
Type of business and any restrictions: Food Service
To operate a food establishment in: North Andover, MA
Gal 6
Ff ;good, an
Francis P. MacMillan M.D., Member
Jo . Rizza, D.M.D., ember
GK ttq �
_ ids
TOWN OF NORTH ANDOVER
HOARD OF HEALTH r�� tir
27 CHARLES STREET
NORTH ANDOVER, MA 01845
TELEPHONE# (978) 688-9540
FOOD SERVICE APPLICA'T'ION
Name of Establishment: KvK,6_eCsre_ L��N U� Ce�k�
Location:S-9 It �,��e�'�N Ta . 'Telephone#:
Name of Firm: L e cc-N-3 y CQN --,s -
Address of Firm:�5xI/X_HIL cy f 41-4 Telep hone#:
-
Owner(s)/Operator(s): oc
Type of Business: Corporation(Partnership ( ) Owner( )
Days and Hours of Operation: (;36 -(e- )00 �k-17-
Type of Establishment: Food Service ( ) Retail( ) Mobile ( ) Limited Retail( )
Home Cook O Catering O Farm Stand O V ey cc,e
Corporation Officers Telephone#
President: -,Soo 3
Treasurer:
Clerk: JV
Please list licenses, permits, or registrations issued by other municipal, state or federal
agencies: 1)v fvxpsk, 6 ccS Lt�eNS_e
Seating Capacity: ft o? CIIIN Size of Establishment (square footage)
Names and positions of employees trained and certified in choke saving technique and
dates of certification as on certificate (attach copies of certifications):
Names and positions of certified Food Handlers (attach copies of certifications):
Describe your insect/rodent control program, including the name and address of
exterminator and how many times a month the establishment is serviced: U Nm
Type of Food Sold (check all that apply):
Bulk food (,_ Consumed on Premise O Salad Bar ( )
Shell Food ( ) Pre-Packaged(( Take-out () Baked Goods ( )
I, the undersigned, have obtained and reviewed Article X of the State Sanitary Code.
Date: 1-3-60 Name of Person Completing Form: ��\
IF YOU DO NOT RENEW BY JANUARY 1" THE FEE WILL DOUBLE.
,YIDO.06
# 881
THE COMMOA WF-ALTH OF MASSACHUSETTS
Office of the Secretary of the Commonwealth
Regulation Filing To be completed 17yjiling agency
CHAPTER NUMBER 105 CMR 430.000
Minimum Sanitation and Safety Standards for Recreational Camps
CHAP TIER =L for Children, State Sanitary Code,. Chapter IV
AGENCY: Department of Public Health
SUMMARY OF REGUL4TION
State the general requirements and purposes of this regulation:
Significant amendments to 105 CMR 430.000 include: amend camp definition to include limited
time periods, require staff background checks, require orientation policy, mandate reporting
of neglect and abuse, modify required staff certifications, modify required immunizations,
expand role of health care consultant, limit tobacco use, promote protection from the sun,
require policy on discipline and bring transportation policy into incompliance with
stautory requirements.
REGUL4TORY AUTHORITY: MGL c 111, §§3 and 127A
AGENCY CONTACT: Howard Wensley
P H 0 E: 617-983-6761
ADDRESS: 305 South Street, Jamaica Plain, MA
Compliance with M.G.L. C. 30A
EMERGENCY ADOPTION,
If this regulation is adopted as an emergency regulation, state the nature of the emer-
gency.
N/A
PRIOR NOTIFICATION AND/OR APPROVAL
Ifprior notification to and/or approval of the Governor, legislature or others was re-
quired, list each notification, approval and date, including notice to the Local Go
e
mnt Advisory Commission: uern-
EOCD - 1/8/98
MMA - 1/8/98
PUBLIC REVIEW%
Was notice of the hearing or comment period filed with the Secretary of State published
in appropriate newspapers and sent to persons to whom, Specific notice must be given at
least 21 days prior to such hearing or comment veriod?
Yes xx Date of public nearing 0, comment -DeriOd: February 4, 1998
57
X
FISCAL EFFECT
Estimate the focal effect on the public and private sectors:
Additional costs are 0-$10.. per person for CORI
For the first and second years* checks and a one time $500 cost for additional
For tbefirstfiveyears: water testing of private wells.
No fiscal effect.-
SMALL BUSINESS IMPACT
State the impact of this regulation on small business. Include a description of report-
ing, record keeping and other compliance requirements as uell as the appropriateness
of performance versus design standards and whether this regulation duplicates or
conflicts witb any otber regulation. If the purpose of this regulation is w set rates for
The state this section does not apply.
Additional recordkeeping requirements for maintaining personnel records
and private well testing results.
CODE OF MASSACHUSETTS REGULATIONS INDEX
List key subjects entries that are relevant to this regulation:
105 CMR '430.000
PROMULGATION
State the action taken by ibis regulation and its effect on existing provisions of the Code
of Massacbusetts Regulations(CMR) to repeal, replace or amend. List by CMR number.•
Amends 105 CMF. 430..000 -
ATTESTATION
The regulation described berein and attacbed hereto is a true copy of the regulation
adopted by this age A 7r S 8
Signature: i T T/ Date:
r
Publication To be completed by the Regulations Division
MASSACHUSETTS REGISTER NUMBER: 8.39 DATE: 3/20/98
EFFECTIVE DATE: 3/20/98
CODE OF MASSACHUSETTS REGULATIONS A riUCWOH,YATTj=S.f i
Remove these pages: Insert these pages:
+
CMR: Vol.
59 - 62 59 - 62
71 72 71 & 72 G SEC°�ARYCETH�CO':hiE'.,,IiNE:A TH
1715 - 1742 1715 - 1742.2
DATE CLERK`J
58
105 CMR: DEPARTMENT OF PUBLIC HEALTH
105 CMR 430.000: MINIMUM SANITATION AND SAFETY STANDARDS FOR
RECREATIONAL CAMPS FOR CHILDREN (STATE SANITARY CODE,
CHAPTER IV)
Section
430.001: Purpose
430.002: Authority
430.003: Citation
430.010: Scope
430.020: Definitions
430.090: Employment Background Information
430.091: Staff Orientation
430.093: Prevention of Abuse and Neslect
430.100: Camp Counselor Requirements and Required Ratio of Counselors to Campers
430.101: Camp Director Requirements
430.102: Supervision of Specialized Activities
430.150: Health Records
430.151: Medical Log
430.152:' Availability of Health Records and Logs
430.153: Injury Reports
430.154: Physical Examinations by Physician and Immunization Required
430.155: Required Immunizations
430.156: Physical Examinations or Immunization Excepted
430.157: Communicable Disease Reporting
430.158: Reporting of Outbreak of Disease
430.159: Health Care Staff to be Provided
- , 430.160: Storage and Administration of Medication
430.161: Emergency/Medical Facilities and Equipment
1 430.162: Personal Hygiene and Laundry
430.163: Protection From the Sun
460.165: Tobacco Use
430.190: General Program Requirements
430.191: Requirements for Discipline
430.201:, Riflery Program Requirements
430.2021 Archery Program Requirements
430.203'. Personal Weapons Restricted
430.204: Waterfront and Boating Program Requirements
430.205: Crafts Equipment
430.206: Playground and Athletic Equipment and Facilities Requirements
430.207: Storage and Operation of Power Equipment
430.208: Horseback Riding Program Requirements
430.209: Telephones Required
430.210: Plans Required to Deal with Natural Disasters or Other Emergency(Residential and Day Camps)
430.211: Special Contingency Plans for Day Camps
430.212: Emergency Procedures-Primitive,Travel and Trip Camps
430.213: Emergency Communication System Required
430.214: Storage of Hazardous Materials
430.215: Fire Prevention
430.216: Smoke Detectors Required
430.217: Requirements for Tents
430.250: Vehicles Requirements
430.251: Transportation Safety
430.252: Qualifications of Driver
430.253: Automobile Insurance
430.300: Potable Water Required
430.301: Installation and Maintenance of Plumbing
-� 430.302: Cross Connections Prohibited
430.303: Testing of Water Supplies
430.304: Common Drinking Cup Prohibited
430.320: Compliance with 105 CMR 590.000: State Sanitary Code Article X-Minimum Sanitation
Standards for Food Establishments, Required _.
3/20/98 105 CMR- 1715
r
105 CMR: DEPARTMENT OF PUBLIC HEALTH
Section: continued `
430.321: Special Provisions for Primitive,Travel and Trip Camps
430.330: Nutritious Meals to be Served
430.331: Minimum Daily Food Requirements for Camps Providing Three Meals
430.332: Minimum Daily Food Requirements for Day Camps
430.333: Therapeutic Diets
430.334: Feeding
430.335: Meals Provided From Home
430.350: Facilities for Solid Waste Storage
430.355: Final Disposal of Solid Wastes
430.360: Sewage Disposal
430.370: Toilet Facilities Required
430.371: Urinals May be Substituted
430.372: Location and Maintenance of Toilet Facilities
430.373: Handwashing Facilities
430.374: Bathing Facilities
430.375: Ventilation Required
430.376: Hot Water Temperatures
430.377: Maintenance of Sanitary Facilitiez-
430.378: Toilet Facilities for Special Needs Campers
430.379: Handwash Basins for Special Needs Campers
430.380: Shower Facilities for Special Needs Campers
430.400: Rodent and Insect Control-Residential and Day Camps
430.401: Weed Control-Residential and Day Camps
430.432: Bathing Beaches
430.450: Site Location
430.451: Certificate of Occupancy Required
430.452: Screening Required
430.453:• Lighting Required
430.454: Maintenance of Floors
430.455: Egresses Required
430.456: Egress to be Free of Obstructions
430.457: Shelters for Day Camps _
430.458:, Shelters for Residential Camps
430.459 Non-Ambulatory Campers
430.479: Separate Beds to be Furnished
430.471: Sleeping Prohibited in Food Areas
430.472: All Bedding and Towels to be Cleaned
430.631: Original License
430.632: Board of Health Shall Grant,Suspend or Revoke License
430.633: Posting of License
430.650: Inspections Required
430.651: Inspection Report Forms
430.700: Orders to Correct Violations
430.701: Violation Which May Endanger or Materially Impair the Health,Safety or Well-Being of the
Public
430.702: Contents of Order
430.703: Service of Orders
430.730: Request for Hearing
430.731: Hearing to be Held
430.732: Decision of Board of Health
430.733: Public Record
430.734: Appeal of the Board of Health Decision
430.735: Compliance
430.750: Operation Without License
430.751: Failure to Comply with Order of the Board of Health J
430.752: Failure to Comply with Provisions of 105 CMR 430.000
430.800: Board of Health May Grant Variance
430.801: Variance to be in Writing
430.830: Severability
3/20/98 105 CMR- 1716
105 CMR: DEPARTMENT OF PUBLIC HEALTH
i
t 430.001: Pumose
The purpose of 105 CMR 430.000 is to insure minimum housing,health,safety and sanitary
protection for children in the care of recreational camps operating in the Commonwealth.
430.002: Authority
105 CMR 430.000 is adopted under authority of M.G.L.c. 111,§§3 and 127A.
430.003: Citation
105 CMR 430.000 shall be known, and may be cited as 105 CMR 430.000: Minimum
Sanitation and Safety Standards for Recreational Camps for Children (State Sanitary Code,
Chapter
430.010: Scope
(A) No person,corporation,trust,authority,government agency,political subdivision or any
other entity shall operate a recreational camp for children which does not comply with the
requirements of 105 CMR 430.000.
(B) During the period of its use as a part of a recreational camp for children,the minimum
standards of fitness for human habitation required in 105 CMR 410.000: Minimum Standards
of Fitness for Human Habitation(State Sanitary Code, Chapter II),shall not be applicable to
any structure which is required to conform to the minimum sanitation and safety standards
contained in 105 CMR 430.000.
430.020: Definitions
Bathine Beach means a natural or artificial flowing or impounded pond,lake,stream,river or
other body of fresh or salt water at the location where it is used for bathing and swimming
purposes together with equipment and appurtenances, if any, and the land areas used in
connection therewith.
Board of Health means the appropriate and legally designated health authority of a city,town,
or other legally constituted governmental unit,having the usual powers and duties of the board
of health of a city or town,and includes any authorized agent or representative of said board of
health. In any case in which a camp extends into the geographic jurisdiction of two or more
boards,those boards may coordinate activities in effecting compliance with 105 CMR 430.000.
Camp Director means an individual who has primary and direct responsibility for the day to day
operation and supervision of a recreational camp for children including oversight of program
operations, supportive services, business affairs, health matters, food, staff supervision and
transportation.
Camper means a child who attends a recreational camp for children.
child and Children mean an individual or individuals who is or are less than 18 years of age.
Counselor means an individual who has a supervisory role with and who may have exclusive
responsibility for campers.
Day Cam2 means a recreational camp for children operated on a site for any part of the day but
less than 24 hours a day and for at least five days during a two week period. Day Campdoes
not include a day care center as defined by M.G.L.c.28A,§ 10,licensed by and operating in
accordance with 102 CMR (Office of Child Care Services). Day Cam12 also includes any
program which transports children on a regular schedule to any place primarily for the purpose
of organized group activity.
3/20/98 105 CMR- 1717
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.020: continued
Garbage means the animal, vegetable or other organic waste resulting from the handling,
preparing,cooking, consumption or cultivation of food,and containers and cans which have
contained food unless such containers and cans have been cleaned or prepared for recycling.
Habitation means that portion inside a building,tent,or other structure which is used for living,
sleeping,cooking,or consumption of food.
Health Supervisor means that person on the staff of a recreational camp for children who is
responsible for the day to day operation of the health program or component.
Junior Counselor means an individual who assists counselors in the performance of their duties,
but who is not exclusively responsible for them without the presence of a counselor or instructor.
A Mildly Disabled Camper means a camper who can function on his or her own in providing
total self care but needs assistance in other camp activities.
Operator means an owner of a recreational camp for children and shall include any individual
(1) who alone or jointly or severally with others owns a recreational camp,for children or
(2) has care,charge or control of a recreational camp for children as agent or lessee of the
owner or as an independent contractor.
The camp director shall also be responsible as if he were the operator.
Primitive or Outpost Camp means a portion of the permanent camp premises or other site at
which the basic needs for camp operation such as places of abode,water supply systems and
permanent toilet and cooking facilities are not usually provided.
Qualified Dietitian means a person who is eligible for registration by the American Dietetic
Association or has at least a baccalaureate degree in food and nutrition,dietetics,or food service
management.
Recreational Camp for Children means any day,primitive or outpost,residential,travel,or trip
camp on private or public land which is conducted wholly or in part for recreational or
instructional purposes and accommodating for profit or for philanthropic or charitable purposes
five or more children who are not members of the family or personal guests or the operator and
is operated for any period of time between June 15 and September 30 of any year or not more
than 14 consecutive days during any other time of the year.
Recreational Camp for Children shall also mean any program or activity which is promoted
or advertised as a recreational camp for children regardless of whether such program or activity
is carried out at a school,playground,resort,hospital,wilderness area,government land or other
place not primarily designed for or used as a recreational camp for children.
Provided that it is not promoted or advertised as a recreational camp for children,none of
the following shall be deemed to be a recreational camp for children: a child care program
holding a current license from the Office of Child Care Services, an instructional program
operated for two hours or less daily;a summer school program when the curriculum is offered
for academic credit and is taught by a Massachusetts State Department of Education certified
teacher; single-purpose classes, workshops, clinics or programs sponsored by municipal
recreation departments,or neighborhood playgrounds designed to serve primary play interests
and needs of children,as well as affording limited recreation opportunities for all people of a
residential neighborhood, whether supervised or unsupervised, located on municipal or
non-municipal property,whether registration is required or participation is on a drop-in basis.
Residential Camp means a recreational camp for children operating on a permanent campsite for
four or more consecutive 24-hour periods.
Rubbish means combustible and noncombustible waste materials,except garbage,and includes
but is not limited to such material as paper,rags,cartons,boxes,wood,excelsior,rubber,leather,
tree branches,yard trimmings,grass clippings,tin cans,metals,mineral matter,glass,crockery,
dust and the residue from the burning of wood,coal,coke,and other combustible materials.
3/20/98 105 CMR- 1718
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.020: continued
A Severelv Disabled Camper means a camper who needs assistance in self-care and camp
activities.
Sports Camp means any residential or day camp whose primaryfocus is on one or multiple sport
activities.
Staff means any individual employed by or performing services as a volunteer for a recreational
camp for children and who may come into contact with campers,including but not limited to a
camp director,camp counselor,junior counselor,health supervisor,camp physician,camp nurse,
bus driver,cook,dishwasher,maintenance person,and caretaker.
Stairway means any group of stairs having three or more risers.
Swimmine and Diving Areas means and includes those aquatic facilities and operations
generally known as swimming pools,wading pools,diving tanks,beaches,rivers,lakes,other
natural bodies or water and similar areas and facilities.
Swimming Pool means and includes every artificial pool of water having a depth of two feet or
more at any point and used for swimming or bathing,located indoors or outdoors,together with
equipment,land,decks and appurtenances used in connection wi4k the pool.
Tent means any structure of which 25%or more of the roof or walls or both are constructed of
canvas,or covered or protected by any fabric material.
Travel Camp means a recreational camp for children which provides care for not less than a
48-hour period and which uses motorized transportation to move campers as a group from one
` site to another.
Trip Camp means a recreational camp for children which provides care for not less than a
24-hour period and which moves campers under their own power or by a transportation mode
permitting individual guidance of a vessle, vehicle or animal from one site to another. Trip
camp includes, for example,-recreational camps for children which lead campers by bicycle,
canoe or horseback from one site to another.
430.090: Employment Background Information
(A) The operator shall develop and follow written procedures for the review of the background
of each staff person who may have unsupervised contact with a camper.
(B) Each staff person who may have unsupervised contact with the campers, shall have a
background free of conduct which bears adversely upon his or her ability to provide for the
safety and well-being of the campers.The operator shall determine,whether each staff person's
conduct,criminal or otherwise,shall disqualify that person from e,nployment or presence at the
camp.In making this determination,the operator shall consider the following:
(1) Engaging in, or having engaged in conduct which results in his/her child being
adjudicated to be in need of care and protection.
(2) Use of alcohol or drugs to an extent or in a manner that is determined by the operator
to impair his/her ability to care for children properly.
(3) Having engaged in conduct,in Massachusetts or elsewhere,which resulted in a criminal
conviction,including a guilty plea,or engaging in,or having engaged in,any other conduct,
determined by the operator,to impair the employee's ability to care for the campers.
i
(C) At a minimum the operator shall require for each camping season,the following from each
prospective staff person who may have unsupervised contact with a camper:
(1) Prior work history,including address and phone number of a contact person;
(2) Three positive reference checks from individuals not related to the staff person
including,but not limited to,previous employers or school administrators;
3/20/98 105 CMR- 1719
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.090: continued
(3) Inquiry by the operator into each individual's prior criminal history as part of the
application process.Such inquiry shall include,at a minimum,self reporting of any felony
conviction and a criminal history inquiry,where practicable as indicated below.
(a) Operators shall obtain a Massachusetts criminal offender record information(CORI)
check for prospective staff who have:
1. lived or worked in Massachusetts at any time after attaining the age of 17
(including temporary stays,for example,college);or
2. lived or worked in any state contiguous with Massachusetts at any time after
attaining the age of 17;and
(b) Operators shall require all staff 17 or older, whose permanent residence is not
Massachusetts,to provide documentation from their local Chief of Police indicating that
they have a background free of criminal convictions that would make them unsuitable
for working with children.
(4) for positions requiring particular qualifications,such as certifications or education,the
operator shall obtain written documentation of said qualifications.
(D) The operator shall maintain written documentation verifying the background and character
for each staff member for three years,or as required by M.G.L.c. 149,§52C,if applicable.
(E) Until the operator determines that the requirements of 105 CMR 430.090 are met, the
operator shall ensure that staff members shall not have unsupervised contact with campers,
unless a staff member whose background check is approved is also present.
430.091: Staff Orientation
The operator shall provide orientation for all paid staff and volunteers.The operator shall
describe,in writing,the camp's plan for orientation which shall include at a minimum,but not 4
be limited to,the camp's philosophy,organization,policies and procedures.The operator shall
not assign any person to be responsible for a group of children nor utilize staff to supervise
others until said person has received the minimum orientation described above.
430.093: Prevention of Abuse and Neglect
(A) The operator shall have procedures in place which protect campers from abuse and neglect
1 while in the camp's care and custody.
(B) The operator shall develop and follow written procedures for reporting of any suspected
incidents of child abuse and neglect in accordance with procedures described in M.G.L.c. 119,
§51A.The procedures shall include:
(1) All staff shall immediately report any suspected child abuse or neglect.The report shall
be made either to the Massachusetts Department of Social Services or to the camp director.
(2) The camp director shall immediately report suspected abuse or neglect to the
Massachusetts Department of Social Services.
(3) The camp director shall notify the board of health if a 5 1 A report alleging abuse or
neglect of a child while in the care of the recreational camp for children or during a program
related activity is filed. The 51A report itself shall not be forwarded to the Board of Health.
(C) The operator shall cooperate in all official investigations of abuse and neglect alleged to
have occurred at the camp, including identifying parents of campers currently or previously
enrolled in the camp who may have been in contact with the subject of the investigation.
(D) The operator shall ensure that an allegedly abusive or neglectful staff person does not work
directly with campers until the Massachusetts Department of Social Services investigation is
completed.
430.100: Camp Counselor Requirements and Required Ratio of Counselors to Campers
(A) Each counselor in a recreational camp for children shall:
(1) have at least four weeks experience as a participant in structured group camping and/or
at least four weeks experience in a supervisory role with children;or
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105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.100: continued
(2) have satisfactorily completed a camp counselor orientation program prior to the arrival
of campers.
(B) The age of counselors shall be as follows:
(1) in residential,primitive,travel,trip and special needs camps:
(a) counselors shall have attained 18 years of age;
(b) junior counselors shall have attained 16 years of age;
(2) In a day camp
(a) counselors shall have attained 16 years of age;
(b) junior counselors shall have attained 15 years of age.
(3) All counselors and junior counselors shall beat least three years older than the campers
whom they supervise.
(C) Each recreational camp for children shall have the following minimum ratio of counselors
to campers:
(1) Residential and Day Camps. Residential and day camps shall have at least one
counselor for every ten campers over the age of six.There shall be one counselor for every
five campers age six or under.
(2) Primitive,Travel and Trip Camps.Each primitive,travel and trip camp shall have at
least one counselor for every ten campers,with a minimum of two counselors.
(3) Special Needs Camps.Each camp serving special needs campers shall have at least:
(a) one counselor for every four mildly disabled campers needing occasional assistance
in activities;
(b) one counselor for every two severely disabled campers needing frequent or constant
assistance in activities.
(D) For the purpose of 105 CMR 430.000,age shall be determined at the start of the camp
' season.
430.101: Camp Director Requirements
Each recreational camp for children shall have at the camp at all times a Director who meets
the following:
(A) Residential Camp. Each residential camp shall have a director who is at least 25 years of
age and who meets at least one of the following:
(1) Have successfully completed a course in camping administration such as those offered
by national professional camping associations,national agencies or their equivalent,or
(2) Have at least two seasons previous experience as part of an administrative staff of a
recreational camp for children.
(B) Day Camp. Each day camp shall have a director who is at least 21 years of age and who
meets at least one of the following:
(1) Have successfully completed a course in camping administration such as those offered
by national professional camping associations,national agencies,or their equivalent,or
(2) Have at least two seasons previous experience as part of the administrative staff of a
recreational camp for children.
(C) Primitive, Travel and Trig Camis. Each primitive, travel and trip camp shall have a
director accompany the campers who shall:
(1) Be at least 21 years old;and
(2) Possess demonstrated proof of experience supervising a recreational camp.for children
in similar camping activities.
(D) The operator shall inform all staff on duty as to who is responsible for administration of
the camp at any given time. In the event of the absence of the director for more than 12
consecutive hours,the director or operator shall appoint a designee who shall be at the camp at
all times.The designee shall meet the qualifications as required by 105 CMR 430.101(A),(B)
or(C).
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105 CMR: DEPARTMENT OF PUBLIC HEALTH
4.30.102: Supervision of Specialized Activities
Each recreational camp for childrer which conducts specialized or high risk activities,either
on or off-site, including, but not limited to, horseback riding, hiking, scuba diving, rock
climbing, firearms,canoeing and aquatic events shall conduct such activities only under the
supervision of a counselor who has evidence of appropriate training,certification and experience
in each activity under his or her supervision.Said counselor shall be present during periods of
such activity. The operator shall make adequate provisions to assure any special training
necessary for camp personnel to protect the safety and health of disabled campers.
(A) Aquatics.Aquatics activities,including those events associated with swimming,boating,
canoeing,watercraft and water skiing,shall if conducted at the camp,be directly supervised by
an aquatics director who holds the following current certifications:
(1) A current American Red Cross Lifeguard Training Certificate,Royal Bronze Medallion,
Boy Scouts of America Lifeguard Certificate,or National YMCA Lifeguard Certificate or
an equivalent certification;
(2) A current American Red Cross CPR Certificate for the Professional Rescuer or
American Heart Association Health Care Provider CPR Certificate;and
(3) A current American Red Cross Standard First Aid Certificate,or Community First Aid
and Safety Certificate(which certification may be evidenced by a notation on the back of
any American Red Cross Lifeguard Training Certificate),oven equivalent certification.
(4) When an aquatics director supervises two or more aquatiQ&staff members,the aquatics
director shall be at least 21 years old and have experience in a management or supervisory
position at a similar aquatics area of at least six weeks duration.
(B) Swimming.In addition to the aquatics director,swimming supervision shall include one
counselor for every ten campers in the water or on the beach to supervise swimming.For every
25 campers, or portion thereof, there shall be at least one counselor who shall hold the
certifications required in 105 CMR 430.102(A)(1),(2)and(3). If swimming activities occur
away from the camp, the camp shall provide supervision as required in 105 CMR 430.102 `
without the need to provide an aquatics director.
(C) Watercraft. _
(1) All watercraft activities carred out on flat water shall be supervised by a minimum of
one counselor for every ten campers in watercraft.Each counselor shall hold certification
as required in 105 CMR 430.102(A)(1)through(3),or American Red Cross certification in
Small Craft Safety and Basic Water Rescue.
(2) All watercraft activities carried out on white water,hazardous salt water,or hazardous
fresh water shall be supervised by a minimum of one counselor to every ten campers in
watercraft.However,regardless of the number of campers,there shall be a minimum of two
counselors, each in separate watercraft, supervising the activity. In addition to the
certification and training required by 105 CMR 430.102(C)(1),each counselor shall have
evidence of previous training and experience with this type of water activity totaling at least
six hours on the water.
(3) Campers shall possess at least an American Red Cross Level 4 or higher Program
Certificate or its equivalent before being allowed to participate in white water,hazardous salt
water or hazardous fresh water boating activities.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.
(4) All staff and participants in water craft activities shall wear U.S.Coast Guard approved
personal floatation devices appropriate to the activity.
430.150: Health Records
(A) Each recreational camp for children shall maintain a health record for each camper and for
each staff member who is younger than 18 years old,which shall include at least the following:
(1) The camper's or staff member's name and home address;
(2) The name,address and telephone number of the camper's or staff member's parent(s) .�
or guardian(s);
(3) A written authorization for emergency medical care signed by a parent or guardian;
3/20/98 105 CMR- 1722
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.150: continued
(4) The travel location(s) and telephone number(s) of the camper's or staff member's
parent(s)or guardian(s)if the parent(s)or guardian(s)will be traveling during the camping
season;
(5) The name,address and telephone numbers of the camper's or staff member's family
health care provider or health maintenance organization,if any:
(6) If the camper or staff member brings a prescribed medication,from home, a written
authorization to administer the medication signed by a parent or guardian;
(7) Copies of injury reports,if any,required by 105 CMR 430,153;and
(8) In addition, in each residential, trip and travel camp: the health history, report of
physical examination and certificate of immunization required by 105 CMR 430.154.
(B) Each recreational camp for children shall maintain for each staff member who is 18 years
of age or older a health record which shall include at least the following:
(1) The staff member's name and home address;
(2) The name,address and phone number of an individual,if any,to be contacted in the
case of emergency;
(3) The name,address and phone numbers of the staff member's health care provider or
health maintenance organization,if any;
(4) Copies of injury reports,if any,required by 105 CMR 430.153;and
(5) In addition, in each residential, travel and trip camp: the health history, report•of
physical examination and certificate of immunization required by 105 CMR 430.154.
430.151: Medical Los
Each recreational camp for children shall maintain a medical log which shall contain a record
of all camper and staff health complaints and treatment.The medical log shall list the date,name
of patient,complaint and treatment.The medical log shall be a bound book with pre-numbered
pages,in sequential order and lined pages.No lines shall be skipped and all entries shall be in
ink.
430.152: Availabilitv of Health Records and Loss
All medical records and logs shall be readily available to the health supervisor,camp nurse
or camp doctor or other health personnel.
All medical records and logs shall be made available upon request to authorized
representatives of the Massachusetts Department of Public Health and of the local board of
health which licenses the camp. The Department of Public Health and the local board of health
shall maintain the confidentiality of information relating to individual campers and staff.
430.153: Injury Reports
A report shall be completed on a form prescribed by the Massachusetts Department of Public
Health for each fatality or serious injury as a result of which a camper or staff person is sent
home, is brought to the hospital or physician's office and where a positive diagnosis is made.
Such injuries shall include but shall not necessarily be limited to those where suturing or
resuscitation is required,bones are broken,or the child is admitted to the hospital. A copy of
each injury report shall be sent to the Massachusetts Department of Public Health within seven
days of the occurrence of the,injury.
430.154: Physical Examinations by Physician and Immunization Record
(A) Every camper and full time staff member shall prior to attending or being employed by a
residential,travel,sports,or trip camp,furnish to the camp the following,prepared and signed
by a licensed health care provider:
(1) A health history;
(2) A report of a physical examination conducted during the preceding 24 months;and
(3) An immunization record.
3/20/98 105 CMR- 1723
a
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.154: continued
(B) Every camper and full time staff member shall prior to attending a day camp furnish to the
camp, a current medical history which lists allergies, required medications and any health
conditions or impairments which may affect the individual's activities while attending the camp.
The medical history shall be signed by a parent or guardian, or by a licensed health care
provider,however,in the case of a staff member 18 years of age or older,the staff member's
signature shall be sufficient.
(C) No person known to be suffering from tuberculosis in a communicable form,or having
evidence of symptoms thereof, shall be allowed to work or attend a recreational camp for
children in any capacity which might bring him into contact with any camper at such camp.
430.155: Required Immunizations
Written documentation of immunization or alternative proof of immunity shall be required
for all campers and staff at recreational camps for children as follows:
(A) For Campers and Staff under 18 years old:
(1) Measles,Mumps and Rubella(MMR)Vaccine:At least one dose of MMR vaccine(s)
must be administered at/or after 12 months of age or there must be proof of laboratory
evidence on immunity. In addition,a second dose of measles vaccine is required.Both doses
of measles vaccine must be given at least one month apart, and be given at or after 12
months of age,or laboratory evidence of immunity;
(2) Polio Vaccine: At least three doses of either trivalent oral polio vaccine(OPV)or
enhanced potency inactivated polio vaccine (e-IPV) are required. If a mixed schedule of
polio vaccine is given(IVP and OPV),a total of four doses is required;
(3) Diptheria and Tetanus Toxoids and Pertussis Vaccine: At least four doses of
DTaP/DTP/DT/Td are required. (The pertussis component is not given to anyone seven
years of age or older). A booster dose of tetanus/diphtheria, adult type toxoid (Td) is
required if more than ten years have elapsed since the last dose.
(4) Hepatitis B:Effective January 1, 1999,for all children bom on or after January 1, 1992,
three doses of Hepatitis B vaccine are required.
(B) For camper and staff 18 years of age or older:
(1) Measles Vaccine: Unless bom before 1957, two doses of live measles containing
vaccine administered at/or after 12 months of age(at least one month apart)are required,or
proof of laboratory evidence of immunity to measles.
(2) Mumps Vaccine: Unless bom before 1957, at least one dose of mumps vaccine
administered at/or after 12 months of age or proof of laboratory evidence of immunity to
mumps.
(3) Rubella Vaccine: At least one dose of rubella vaccine administered at/or after 12
months of age or proof of laboratory evidence of immunity to rubella.
(4) Diphtheria and Tetanus Toxoids: At least three doses of DT/I'd are required. A booster
dose of tetanus/diphtheria,adult type toxoid(Td) is required if more than ten years have
elapsed since the last dose.
430.156: Physical Examinations or Immunizations Excer)ted
(A) Religious Exceptions. If a camper or staff member has religious objections to physical
examinations or immunizations,the camper or staff member shall submit a written statement,
signed by a parent or legal guardian of the camper,to the effect that the individual is in good
health and stating the reason for such objections.
(B) Immunization Contraindicated. Any immunization specified in 105 CMR 430.154(A)shall
not be required if the health history required by 105 CMR 430.154(A)includes a certification
by a physician that he or she has examined the individual and that in the physicians opinion the
physical condition of the individual is such that his or het health would be endangered by such 4
immunization.
3/20/98 105 CMR- 1724
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.157: Communicable Disease Reporting
The operator of a recreational camp for children shall be responsible for insuring that each
case of any such communicable disease occurring in a camp is immediately reported to the local
board of health. The report shall be made by the operator. Such report shall include the name
and home address of any individual in the camp known to have or suspected of having such
disease. Until action on such case has been taken by the camp health care consultant, strict
isolation shall be maintained.
430.158: Reporting of Outbreak of Disease
The operator of a recreational camp for children shall be responsible for insuring that each
suspected case of food poisoning or any unusual prevalence of any illness in which fever,rash,
diarrhea,sore throat,vomiting,or jaundice is a prominent symptom is reported immediately to
the local board of health and to the Massachusetts Department of Public Health,verbally or by
telegram or telephone. This report shall be made by the camp physician, or if there'is no
physician in attendance,by the camp nurse,or if there is no nurse in attendance,by the camp
director or by the camp operator.
430.159: Health Care Staff to be Provided `
The operator of each recreational camp for children shall provide:
(A) A designated Massachusetts licensed physician,nurse practitioner or physician assistant
with pediatric training as the camp's health care consultant.The consultant shall:
(1) Assist in the development of the camp's health care policy as described in 105 CMR
430.159(B);
(2) Review and approve the policy initially and at least annually thereafter;
(3) Approve any changes in the policy;
(4) Review and approve the first aid training of staff,
(5) Be available for consultation as needed;and
(6) Develop and sign written orders to be followed by the on-site camp health supervisor
in the administration of his/her health related duties.
(B) A written camp medical policy,approved by the local board of health and by the camp
health care consultant.Such policy shall include,but not be limited to,daily health supervision,
infection control,handling of health emergencies and accidents,available ambulance services,
provision for medical,nursing and first aid services,the name of the designated on-site camp
health supervisor, the name address and phone number of the camp health care consultant
required by 105 CMR 430.159(A)and the name of the health supervisor required by 105 CMR
430.159(E),if applicable.
(1) Each full time staff member shall receive a copy of the policy and shall be trained in the
program's infection control procedures and implementation of the policy during staff
orientation.
(2) Prior to admitting a child to the camp,the parents shall be provided a copy of the policy
pertaining to the care of mildly ill campers,administration of medication and the procedures
for providing emergency health care.A complete copy of the policy shall be furnished to
parents upon their request.
(C) A health supervisor,who is at least 18 years of age and is present at the camp at all times.
The health supervisor shall be a Massachusetts licensed physician,certified physician assistant,
certified nurse practitioner,registered nurse,or other person specially trained in first aid. First
aid training shall mean at least current certification in American Red Cross Standard First Aid,
or its equivalent and CPR.
Primitive,Travel,and Trip Camps shall have at least one individual in addition to the health
supervisor accompanying the campers, who is adequately trained to render first aid. Said
individual shall possess at least current certification in Red Cross Standard First Aid, or its
.� equivalent.
(D) In residential camps in which the total number of campers and staff is less than 150 and in
all day camps,the health supervisor may have additional non-health related duties,but shall at
all times be available at the camp to render emergency first aid.
3/20/98 105 CMR- 1725
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.159: continued
(E) In camps operated for children who are physically and/or mentally handicapped, all
residential camps for children where the total number of campers and staff is 150 or greater and
at any other camp when so advised by the health consultant described in 105 CMR 430.159(A),
the health supervisor shall be;
(1) A nurse registered to practice in the Commonwealth;
(2) A physician licensed to practice in the Commonwealth;or
(3) A nurse practitioner or physician assistant licensed to practice in the Commonwealth.
430.160: Storage and Administration of Medication
(A) Medication prescribed for campers shall be kept in original containers bearing the
pharmacy label which shows the prescription number,date filled, prescriber's name,name of
medication,direction for use and the patient's name. All other over the counter medications for
campers shall be kept in the original containers containing the original label.
(B) All medication prescribed for campers shall be kept in a locked storage compartment and
shall only be administered by the health supervisor,camp physician or camp nurse. Medication
prescribed for campers brought from home shall only be administered if it is from the original
container, there is written permission from the parent/guardian, and the camp health care
consultant has approved in writing the administration of the medication.
(C) When no longer needed,medications shall be returned to the parents or destroyed.
430.161: Emergencv/Medical Facilities and Equipment
(A) The operator of each residential camp and each day camp shall provide a single facility ~R
identified as an infirmary or first aid facility. Such facility in a residential camp shall have an
exterior light remaining lit all night which is visible from a distance. I
(B) In every residential camp, space shall be designated for isolation of a child ill with a
communicable disease or suspected of such illness or otherwise in need of quiet and rest,at a
location suitably separated from the regular living and sleeping quarters so as to insure both
quiet to the patient and safety to other persons. The space shall be suitably equipped and not
utilized for any other purpose. An isolated child shall be provided with adequate adult
supervision.
(C) First aid supplies shall be readily available to the staff wherever the camp physician deems
necessary. Said determination shall be part of the written orders required by 105 CMR
430.159(A). First aid kits shall contain emergency first aid supplies to meet the needs of the
campers and staff, including but not limited to non-perfumed soap, sterile gauze squares,
compresses,adhesive tape,bandage scissors,trianguler and rolled bandages and a tweezers. In
addition a stretcher shall be readily available at each permanent campsite.
430.162: Personal Hygiene and Laundry
The operator shall provide adequate facilities and time in order that the campers and staff are
encouraged to carry out good personal hygiene practices. Furthermore, he shall cause the
personal laundry of each person in a residential camp who is in attendance for more than 14
consecutive days to be washed at least once every 14 days.
430.163: Protection From The Sun
The operator shall at all times encourage campers and staff to reduce exposure to ultraviolet
exposure from the sun.Such measures shall include,but need not be limited to,encouraging the
use of wide brim hats,long sleeve shirts,long pants,screens with a solar protection factor of 15
or greater and lip balm. .�
3/20/98 105 CMR- 1726
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.165: Tobacco Use
Tobacco use, if any,shall be restricted to designated areas not accessible to campers. An
operator may designate a tobacco use area,but only if non-tobacco use areas are of sufficient
size and capacity to accommodate non-users and is in compliance with local ordinance(s)
regarding tobacco use.
430.190: General Program Requirements
(A) The operator of each recreational camp for children shall provide a program of activities
and physical environment which shall meet the generally recognized needs of the campers and
shall in no respect be in conflict with their best interests nor a hazard to their health and safety.
(B) The operator shall release campers only to the camper's parent or an individual designated
in writing by the camper's parent unless alternative arrangements are approved in writing by the
board of health.
(C) The operator shall print,at least in six point type,on any promtional literature,brochures,
and advertisements the following, "This camp must comply with regulations of the
Massachusetts Department of Public Health(105 CMR 430.000),and be licensed by the(name
of city/town)board of health. Information on 105 CMR 430.000 can be obtained at(617)983-
6761.
(D) The operator shall inform parents at the time application forms are provided that they may
request copies of background check,health care and discipline policies as well as procedures for
filing grievances.
430.191: Requirements for Discipline
(A) Discipline and guidance shall be consistent and based upon an understanding of the
individual needs and development of a child.The operator shall direct discipline to the goal of
maximizing the growth and development of the children and for protecting the group and
individuals within it.
(B) Prohibitions.
(1) Corporal punishment,including spanking,is prohibited;
(2) No camper shall be subjected to cruel or severe punishment, humiliation, or verbal
abuse;
(3) No camper shall be denied food or shelter as a form of punishment;
(4) No child shall be punished for soiling,wetting or not using the toilet.
(C) The operator shall describe in writing,the camp's procedures for disciplining campers.The
written plan shall also include the prohibitions of 105 CMR 430.191(B)(1)through(4).
430.201: Riflery Program Requirements
If riflery is a camp activity it shall be conducted with the following precautions:
(A) Firearms shall be kept in good condition and stored in a locked cabinet when not in use.
Ammunition shall also be stored in a locked facility in a location separate from the firearms.
(B) Shooting ranges shall be located well away from other activity areas and shall be
constructed in accordance with standards of the National Rifle Association.
(C) Single shot rifles shall be used and persons shall stay behind the firing line at all times
except when ordered by the range instructor to retrieve targets.
430.202: Archery Program Requirements
If archery is a camp activity it shall be conducted with the following precautions:
3/20/98 105 CMR- 1727
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.202: continued
(A) Archery equipment shall be kept in good condition and stored under lock and key when not
in use.
(B) The archery range shall be located in an area well away from other program activities,
clearly marked to warn passersby away from the danger area. The shooting area shall be large
enough to provide at least 25 yards(75m)of clearance behind each target. All bowmen shall
fire from a common firing line. A ready line shall be marked at a sufficiently safe distance
behind the firing line.
430.203: Personal Weapons Restricted
No personal weapons,bows,rifles or similar equipment shall be brought to camp without
the camp operator's written permission. If articles of such nature are brought to camp,they shall
be kept under lock and key by the camp operator or director and used by the owner only under
the supervision of an individual who meets the requirements of 105 CMR 430.102(E)or(F),and
in accordance with camp safety regulations.
430.204: Waterfront and Boating Program Requirements
The following waterfront safety requirements shall be observed:
(A) All swimming areas shall be maintained in a clean and safe condition,free from rocks,
holes and other hidden dangers. Any other known hazard nearby shall be posted. Swimming
shall be prohibited at sites other than the permanent camp waterfront without the prior approval
of the camp operator and the aquatics director required by 105 CMR 430.102(A).
(B) At the first swimming session a determination shall be made of each camper's swimming
ability. Campers shall be confined to swimming areas consistent with the limits of their
swimming skills or to swimming areas requiring lesser skills than those for which they have
been classified.
(C) A method of supervising and checking bathers such as the "buddy system" shall be
established and enforced. A written"lost swimmer plan"shall be established and all staff shall
know exactly what their duties are in case of an emergency at the waterfront.
(D) Swimming shall be prohibited during the hours of darkness unless adequate lighting is
provided and swimming is restricted to shallow water.
(E) All piers,floats,and platforms shall be in good repair.
(F) Small craft shall be used only by a qualified person having permission of the aquatics
director or camp director. No small craft shall be allowed in the swimming area unless operated
by lifeguards on waterfront duty.
(G) All watercraft shall be equipped with U.S.Coast Guard approved personal flotation devices
of types I, II, III or IV as prescribed for the specific type of craft and number and age of
occupants. Water skiers shall wear a vest as approved by the U.S. Coast Guard for that
particular activity. Watercraft towing a water skier shall have an observer aboard.
(I) Campers shall possess at least an American National Red Cross Level 4 or higher Program
Certificate or its equivalent before being allowed to participate in either white water or
hazardous salt water boating activities. All white water activities must be carred 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.
430.205: Crafts Equipment 4�
Equipment used for arts and crafts shall be in good repair,of safe design,properly installed
and used with proper safety precautions.
3/20/98 105 CMR- 1728
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.206: Plavground and Athletic Equipment and Facilities Requirements
(A) Athletic equipment including but not limited to gymnastics apparatus,volleyball and/or
basketball standards, football, hockey and soccer goals shall be set up and maintained in
accordance with the manufacturer's standards.
(B) All playing fields and surfaces shall be kept free of holes and other obstructions which may
create an accident hazard.
(C) Playground equipment such as but not limited to climbing apparatus,slides,and swing sets
shall:
(1) be in good repair and of safe design. Safe design includes being free of rough edges,
protruding bolts and possibility of entrapment of extremities;
(2) be securely anchored to a concrete or other suitable footing;
(3) not have an asphalt or concrete surface under and around it;and
(4) have canvas or other pliable seats on swings.
430.207: Storage and Operation of Power Equipment
Power equipment shall not be stored,operated,or left unattended in areas accessible to the
campers without proper safeguards. All power tools shall be stored in a locked place. Power
tools and out board motors shall be used by campers only under the direction and supervision
of counselors.
430.208: Horseback Riding Program Requirements
If horseback riding is a camp activity, a competent riding instructor (see 105 CMR
430.102(G))shall determine each camper's riding experience and level of skill and take these
into account in assigning horses and deciding whether the camper shall ride in the ring or on the
✓. trail. Each rider shall wear a hard hat at all times. At least one experienced instructor shall be
assigned for every ten riders for each trail excursion,and a minimum of two staff members shall
accompany any such excursion.
430.209: Telephones Required
All residential and day camps shall have immediate access to a telephone. The operator shall
maintain and post by each phone a current roster of telephone numbers of the physician
described in 105 CMR 430.158(A)and of all hospitals,police,ambulances and fire departments
in the immediate area.
430.210: Plans Reouired to Deal with Natural Disasters or other Emergencies(Residential and Day
Camps)
The operator of each residential camp and each day camp shall develop written.contingency
plans and related procedures dealing with circumstances such as natural disasters and other
emergencies and shall develop a written fire evacuation plan.
(A) Fire Drills. Fire drills shall be held within the first 24-hours of the beginning of each
camping session. The fire evacuation plan shall be in writing and approved by the local fire
department. The plan shall indicate the frequency of fire drills to be held during the camping
season.
(B) Disaster Plan. Each camp shall have at the campsite a written disaster plan. All campers
and staff shall be advised of the procedures contained in the plan. Arrangements for transporting
individuals from the camp to emergency facilities shall be included in the plan.
(C) Lost Camper and Swimmers Plan. Lost camper and lost swimmer plans shall be formulated
and kept on file. All staff shall be trained in the procedures contained in these plans. These
plans shall be in writing.
(D) Traffic Control. A written plan relating to the control of the movement of vehicular traffic
through the camp shall be on file.
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105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.211: Special Contingencv Plans for Day Camps
Day camp operators sha1set forth procedures to be followed in dealing with the following
contingencies:
(A) Cf1ildren who are registered and on the camp roil but fail to arrive for a given day's
activities.
(B) Children who fail to arrive at the point of pickup following a given day's activities.
(C) Children who appear at camp without having registered and without prior notification.
430,212: Emergencv Procedures-Primitive,Travel and Trip Camps
(A) The operator of each primitive,travel and trip camp shall establish a written day-to-day
itinerary before departure, and shall provide a copy of this itinerary to the parent(s) or
guardian(s)of each camper before departure.
(B) Sources of Emerg_encv Care. The sources of emergency care such as hospitals,police and
park patrol,and the method of communicating with them shall be identified for each point on
the itinerary prior to departure,and shall be included in the written itinerary.
(C) Contingency Plan. Written contingency plans for natural disasters, lost campers, lost
swimmers,illnesses and injuries shall be established and accompany the camp. Staff shall have
the ability to carry out these plans.
430.213: Emergency Communication System Required
Each camp shall have a means of emergency communication so that all campers and staff
recognize it as such and will elicit a pre-determined response. Such system may include but not
necessarily be limited to a public address system,triangle,bell or voice.
430.214: Storage of Hazardous Materials
(A) Storage of Gasoline and Flammable Substances. The operator of each recreational camp
for children shall cause containers for gasoline,kerosene,explosives and flammable materials
to be plainly marked and stored in a locked building not occupied by campers or staff, and
located at a safe distance from other buildings. Campers shall not have access to such locked
buildings and the materials described above shall be used only under qualified supervision.
(B) Storage of Disinfectant and Other Hazardous Chemicals. The operator of each recreational
camp for children shall cause containers for insecticides, disinfectants, and other hazardous
chemicals to be plainly marked and stored in a locked closet or compartment separate from food
storage areas and not accessible to campers.
430.215: Fire Prevention
The operator of each recreational camp for children shall provide such facilities,equipment,
and fire breaks,for fire prevention and fire fighting,as may be recommended by the local fire
department. A written statement of compliance from the local fire department shall be available
to the local board of health which licenses the camp.
430.216: Smoke Detectors Required
Smoke detectors shall be required for existing and new residential units in accordance with
780 CMR 1216.0(State Building Code)and may be either A.C.wired or battery operated. Tents
and other temporary shelters which are designed to sleep less than eight persons and which have
an open side consisting of greater than 1/6 of the perimeter of the shelter or which have built-in
provisions for emergency escape are exempted from 105 CMR 430.216.
3/20/98 105 CMR- 1730
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.217: Requirements for Tents
Any tent purchased for use at a recreational camp after the effective date of 105 CMR
430.000 shall be constructed of fire-retardant and non-toxic material. No open flames shall be
used near any tent. Each tent which is not constructed of fire-retardant material shall have
stenciled on both the interior and exterior in contrasting color and in such size as to be easily
read,the words"USE NO OPEN FLAME."
430.250: Vehicle Requirements
(A) Any motor vehicle used for the transportation of children enrolled in a camp program shall
comply with the pertinent sections of M.G.L c. 90, in particular, §§ 7B and 7D and with all
applicable regulations of the Massachusetts Registry of Motor Vehicles.
(B) Any vehicle used for transportation of children shall be annually inspected in accordance
with the laws of the Commonwealth.
430.251: Transportation Safety
(A) Only that number of children or adults for whom there is seating space shall be transported
in a vehicle,however,when loaded with passengers and gear,Ahe gross weight of the vehicle
including trailer tongue weight, shall not exceed the gross vehicle weight specified by the
manufacturer regardless of whether or not the number of passengers is within the specified
number of seats.
(B) Standing while in transit,sitting on the floors or in the aisles,riding in the open beds of
trucks and projection of head or limbs outside of the vehicle are prohibited.
(C) All campers,attendants and driver shall utilize seat belts in accordance with Massachusetts
laws;
(D) When more than eight campers under the age of five are being transported, and when
transporting more than two campers with physical handicaps,an attendant other than the driver
is required;
(E) When transporting campers, sharp, heavy or potentially dangerous objects shall not be
transported unless they are securely restrained;
(F) The operator shall ascertain the nature or any need or problem of a child which may cause
difficulty during transporting such as seizures, a tendency towards motion sickness and
disabilities and shall communicate such information to the driver of any vehicle transporting
campers;
(G) The driver of the vehicle shall release campers only to the camper's parent or an individual
designated in writing by the camper's parent unless alternative arrangements are approved in
writing by the parent;
(H) Campers under the age of seven shall not be regularly transported for periods longer than
one hour,one way,between their home and the location of the camp.
430.252: Qualifications of Driver
(A) The driver of a vehicle transporting campers and staff shall be at least 18 years of age,have
at least two year's driving experience as a licensed driver,possess the required license for the
type of vehicle and possess a current American Red Cross Standard First Aid Certificate,or its
equivalent. If there is a second staff person in the vehicle possessing the required first aid
certification;the driver need not be so certified.
(B) The driver of any vehicle transporting children shall have a valid drivers license recognized
by the Commonwealth.
3/20/98 105 CMR- 1731
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.253: Automobile Insurance :p
The operator shall not allow any camp-owned or staff member's vehicle to transport campers
unless it has the following minimum amounts of liability insurance:
(1) injury per person, $100,000
(2) injury per accident $300,000
(3) property damage $5,000
430.300: Potable Water Required
(A) The operator of each recreational camp for children shall provide water of safe and sanitary
quality in an amount and pressure necessary to meet the needs of the campers and staff and the
requirements of 105 CMR 430.000.The water supply shall be obtained only from:
(1) A public water supply;or
(2) A private water supply meeting the following requirements:
(a) If the camp serves 25 or more persons,60 or more days a year,the water supply
shall be obtained from a source approved by the Department of Environmental Protection
and subject to 310 CMR 22.00: Drinking Water.
(b) If the camp serves less than 25 persons,less than 60 days a year,the water shall be
obtained from a private source meeting the following requirements and approved by the
Board of Health:
1. Camps with a private source applying for an initial license shall take and analyze
a water sample for Volatile Organic Compounds, Inorganic Compounds,
Radionuclides and any other contaminants identified by the Department of
Environmental Protection in its document entitled, "Parameters and Testing
Frequency for Private Wells. The results of these analyses must not exceed the
Maximum Contaminant Level(MCL or Action Level listed in the Massachusetts
Drinking Water Regulations 310 CMR 22.00; "" 1
2. All licensed camps with a private source, no more than 45 days prior to the
annual opening of camp,shall take and analyze a water sample for coliform bacteria,
nitrate,nitrite,sodium and lead.The results of these analyses must not exceed the
MCL or Action Level as listed in 310 CMR 22.00: Drinking Water;and
3. any other test and standard required by the Board of Health or the Department.
(B) In each residential, day or short term group camp adequate drinking facilities shall be
provided and centrally located.
430.301: Installation and Maintenance of Plumbing
The operator shall install all pipes,pumps and other plumbing fixtures in accordance with
248 CMR(the Massachusetts State Plumbing Code)and shall maintain them in good working
order.
430.302: Cross Connections Prohibited
The operator shall not permit any physical connection to exist between any pipe carrying
drinking water and any waste pipe,soil pipe,service drain or any pipe carrying water from any
source or system not approved by the Massachusetts Department of Environmental Protection
(DEP), unless said connection is maintained in compliance with 310 CMR 22.22: Cross
Connections promulgated by DEP,and said connection has been approved in writing by DEP.
430.303: Testing of Private Water Supplies
All chemical and bacterial analyses shall be conducted in a laboratory certified by the
Department of Environmental Protection.The results of the bacterial analyses shall be kept on
file at the camp for five years. The result of any chemical analysis shall be kept on file for ten
years. Y
3/20/98 105 CMR- 1732
JA
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.304: Common Drinking Cup Prohibited
The operator shall not make available nor permit the use of any common drinking utensil.
Every drinking fountain shall be of a sanitary design and construction.
430.320: Compliance with 105 CMR 590.000 State Sanitary Code Article X-Minimum Sanitation
Standards for Food Establishments, Required
The operator of each recreational camp for children which prepares and/or serves meals shall
provide and maintain all food service areas and facilities in a sanitary manner and in compliance
with applicable provisions of 105 CMR 590.000 State Sanitary Code Article X- Minimum
Sanitation Standards for Food Establishments,and shall have a food service permit issued by
the local board of health. The required permit to operate a food establishment shall be
prominently posted in the food service facility.
430.321: Special Provisions for Primitive Travel and Trip Camps
(A) All food taken with the camp,or purchased,or prepared en route by campers and/or staff,
shall be appropriate to the length and type of trip, taking into consideration the lack of
refrigeration and problems of sanitation that may be encountered.
(B) Commercially packaged dry milk products and dry egg products may be utilized but shall
be consumed within one hour after being reconstituted,and shall be discarded if not consumed
within one hour of being reconstituted.
430.330: Nutritious Meals to be Served
The operator of camps where food is prepared and/or served shall provide sufficient numbers
of adequately trained personnel to plan,prepare and serve nutritionally adequate meals.
(A) Menus shall be planned and written at least two weeks in advance. The operator shall note
on the menu any changes in the meal actually served.
(B) Current menus shall be posted and copies of all menus used during the season shall be kept
on file.
(C) The menus shall be planned so as to provide for a sufficient variety of foods.
430.331: Minimum Daily Food Requirements for Camps Providing Three Meals
The operator of each recreational camp for children,all with the exception of day camps,
shall provide at least three meals per day that are nutritious and suited to the special needs of the
campers.
(A) Foods shall be served that meet the most recently revised "Recommended Dietary
Allowances" of the Food and Nutrition Board, National Academy of Sciences, National
Research Council,adjusted for age, sex and activity. The only exception shall be by written
medical direction.
(B) The minimum daily food.allowance offered to each camper shall be based on the following:
(1) Milk-24 fluid ounces or equivalent as a beverage or in food preparation.
(2) Protein-two or more two ounce edible portions or its equivalent.
(3) Vegetables and Fruit-four or more servings per day including at least one serving of
a fruit or vegetable high in ascorbic acid and a vegetable or fruit high in vitamin A at least
every other day. Every effort should be made to incorporate the use of fresh fruits and
vegetables whenever possible. Fruit flavored beverages with or without vitamins added shall
not be considered a fulfillment of these requirements and the use thereof is discouraged.
(4) Bread,cereal or other grain product-four or more servings of enriched, restored or
whole grain.
3/20/98 105 CMR- 1733
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.332: Minimum Daily Food Requirements for Day Camps
All day camps providing one or two' meals pet day shall serve meals that meet '/s or 3/
a
respectively of the"Recommended Dietary Allowances"adjusted for age,sex and activity.
430.333: Therapeutic Diets
All camps which serve meals and accept campers who are on medically prescribed diets,
including but not limited to weight reduction camps,shall provide food which adequately meets
the requirements of such diets. All therapeutic diets shall:
(A) Be prescribed,dated(no earlier than two months before arrival at camp)and signed by a
licensed physician;
(B) Be precise as to specific dietary requirements or limitations;
(C) Be planned,prepared and served with the consultation from a qualified dietitian;and
(D) Meet, if possible, the "Recommended Dietary Allowances" of the Food and Nutrition
Board,National Academy of Sciences,National Research Council.
430.334: Feeding
(A) Adequate Staff and Equipment. All camps that accept physically,mentally,visually or
emotionally handicapped campers shall provide sufficient numbers of adequately trained
personnel and proper equipment to insure the campers are eating nutritionally adequate meals.
(B) Meals Shall Not Be Denied. No camper shall be denied a meal for any reason other than
by written medical direction.
(C) Meals Shall Not Be Forced. Campers should be encouraged to eat a well balanced diet,but
no camper shall be forced or otherwise coerced to eat against his will.
430.335: Meals Provided From Home
(A) The operator shall have a method of properly storing meals provided from home to
maintain safe temperatures and to protect from contamination.
(B) The operator shall have a method for providing a nutritious meal to a camper who arrives
at camp without a bag lunch.
430.350: Facilities for Solid Waste Storage
The operator of each recreational camp for children shall provide and maintain in a clean and
sanitary condition as many receptacles for the storage of garbage and rubbish as are necessary
to contain the accumulation between collections,and shall so locate them that no objectionable
odors enter any facility used for habitation.
(A) Garbage and mixed garbage and rubbish shall be stored in water tight receptacles with tight
fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof
material. Rubbish shall be stored in receptacles of metal or other durable rodent-proof material.
(B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a
liner in watertight receptacles with tight-fitting covers as required in 105 CMR 430.350(A),or
placed in enclosures that are rodent, insect and pest proof. Plastic bags may be put out for
collection on the day of collection except in those places where such practice is prohibited by
local rule or ordinance or except in those cases where the board of health determines that such
practice constitutes a health problem. For purposes of the preceding sentence, in making its
determination the board of health shall consider, among other things, evidence of strewn
garbage,tom garbage bags or evidence of rodents.
3/20/98 105 CMR- 1734
105 CMR: DEPARTMENT OF PUBLIC HEALTH
j 430.355: Final Disposal of Solid Wastes
The operator of each recreational camp for children shall be responsible for the final
collection or ultimate disposal of garbage and rubbish by means of:
(A) the regular municipal collection system;or
(B) any other collection system approved by the board of health;or
(C) when otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain
finely enough to ensure its free passage,and is otherwise maintained in a sanitary condition;or
(D) when otherwise lawful, a garbage or rubbish incinerator located at the camp which is
properly installed and is maintained so as to not create a safety or health hazard;or
(E) any other method of disposal which does not endanger any person and which is approved
in writing by the board of health and the Department of Environmental Protection.
430.360: Sewage Disposal
The operator of each recreational camp for children shall provide for all waste waters a
sanitary drainage system connected to the public sewerage system;provided,that if because of
non-availability,distance or ground conditions,connection to a public sewerage system is not
practicable,any other means of such disposal of sewage approved in writing by the board of
.health and in compliance with 310 CMR 15.00 or approved by the Massachusetts Department
of Environmental Protection in compliance with 310 CMR 5.00 or 314 CMR 3.00 may be
installed,as applicable.
4.30.370: Toilet Facilities Required
The operator of each recreational camp for children shall provide at least two toilets or privy
seats for each sex,and,
(A) For each camp other than a day camp where the number of persons of one sex is in excess
of 20,the operator shall provide one additional toilet or privy seat for each additional ten persons
or fraction thereof of that sex.
(B) At a day camp-where the number of persons of one sex is in excess of 60,the operator shall
provide one additional toilet or privy seat for each additional 30 persons or fraction thereof of
that sex.
430.371: Urinals Mav Be Substituted
For males,one urinal or two lineal feet(0.6m)of urinal trough may be substituted for up to
'/s of the number of toilets or privy seats required.
430.372: Location and Maintenance of Toilet Facilities
The operator of each recreational camp for children shall so locate the toilets so that they are
not more than 200 feet(60m) from the door of the sleeping rooms of those people who are
expected to use them. The operator shall provide an adequate supply of toilet paper and shall
screen each window or other exterior opening with screening containing not less than 16 meshes
per inch(2.54 cm). Every screen door shall be equipped with a self-closing device.
430.373: Handwashing Facilities
The operator of each recreational camp for children shall provide handwashing facilities and
�J shall meet the following minimum requirements:
(A) Residential camps shall provide at least one lavatory or wash basin,or space for one person
at an industrial-type lavatory,for every ten people.
3/20/98 105 CMR- 1735
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.373: continued
(B) Day camps shall provide at least one lavatory or wash basin or space for one person at an
industrial-type lavatory,for every 30 people.
(C) Wash basins shall be located so as to facilitate their use,particularly after use of toilets.
430.374: Bathing Facilities
(A) Minimum Reouirements-Residential Camps. The operator of each residential camp shall
provide at least one shower head or bathtub for each 20 people. A bathtub/shower combination
shall count as a single unit.
(B) Required Cleaning of Shower-Room Floor. The operator shall cause every shower-room
floor to be washed daily with a suitable detergent and hot water. It is recommended that a rinse
with a chlorine solution having a strength of not less than.05%available chlorine be used as an
additional safeguard.
(C) Duckboards Prohibited. The.operator shall not permit the use of wooden duckboards in a
shower.
430.375: Ventilation Required
The operator shall provide for the ventilation of each toilet room,shower room and bathroom
to the outdoors.
430.376: Hot Water Temperatures
Where hot water is provided to hand wash basins,lavatories,showers and bathtubs it shall
not exceed 1127(44°C)at the point of delivery. "r
430.377: Maintenance of Sanitga Facilities
The operator shall maintain all lavatories,wash basins,showers,bathtubs,and toilets in good
working order and in a clean and sanitary condition.
430.378 Toilet Facilities for Special Needs Campers
Toilets used by campers with special toilet needs or practices shall be assured privacy and
be provided with facilities that meet their needs.
430.379: Handwash Basins for Special Needs Campers
All wash basins or lavatories used by campers with special needs shall be so adapted as to
allow for easy access and use.
430.380: Shower Facilities for Special Needs Campers
All showers or bathtubs used by campers with special needs,will have aids such as chairs on
casters,stools and footrests,non-slip surfaces,and flexible shower heads attached to hoses in
order to provide for the increased independence of the campers and to make it easier and safer
for the staff to assist the campers.
430.400: Rodent and Insect Control-Residential and Day Camps
(A) Buildings and Structures to be Maintained Free. The operator shall maintain every
building used or intended for human habitation free from insect infestation,rodents,and other
pests. y,J
(B) Extermination Methods. Extermination methods and other measures to control insects and
rodents shall conform with the requirements of 333 CMR(Pesticide Board of the Massachusetts
Department of Agriculture).
3/20/98 105 CMR- 1736
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.401: Weed Control-Residential and Day Camps
(A) Harborage Places to be Controlled. The growth of brush,weeds grass and plants shall be
controlled in central camp areas to minimize harborage of ticks, chiggers, and other insects
which may adversely affect public health.
(B) Noxious Plants to be Controlled. The central camp area shall be maintained to prevent
growth of ragweed,poison ivy,poison oak,poison sumac,and other noxious plants considered
detrimental to health.
430.430: Swimmine Pools
The operator of each recreational camp for children shall insure that all swimming and
wading pools used by campers and staff shall be in compliance with 105 CMR 435.00:
Minimum Standards for Swimming Pools (State Sanitary Code: Chapter i). A copy of the
written approval to operate the pool,issued by the local board of health,shall be kept on file at
the camp whether or not the swimming pool is located on the camp property or is part of the
camp facility.
430.431: Swimming Pools to be Fenced
All swimming pools constructed after the effective date of 105 CMR 430.000 shall be
enclosed by a fence five feet(1.5m)in height and firmly secured at ground level. If over five
feet(1.5m)in height the fence shall be chain link. Such enclosures,including the gate therein
shall not be less than five feet(1.5m)above the ground,and any gate shall be selflatching with
latches placed four feet (1.2m) above the ground or otherwise made inaccessible from the
outside to children up to eight years of age.
Any swimming pool constructed prior to the effective date of 105 CMR 430.000 shall have
fencing so as to provide adequate protection against accidental injury or death to children and
animals.
430.432: Bathing Beaches
(A) Physical and Bacteriological Water Quality. Bathing and swimming shall not be permitted
at any bathing beach where such water is determined by the board of health,the Department of
Public Health or the Department of Environmental Protection to be polluted or subject to
pollution so as to constitute a menace to health if used for bathing or swimming purposes,or
where:
(1) Sludge deposits,solid refuse,floating waste solids,oils,grease or scum are present;or
(2) A black disk,six inches(15.3cm)in diameter,on a white field placed at a depth of at
least four feet(1.2m)of water is not readily visible from the surface of the water;or when,
under normal usage, such disk is not readily visible from the surface of the water when
placed on the bottom where the depth is less than four feet(1.2m);or
(3) A hazardous substance is discharged onto any bathing beach waters to a degree
considered by the board of health,the Department of Public Health or the Department of
Environmental Protection to be of public health significance;or
(4) The bacteriological quality of bathing beach waters indicates that sewage or other
hazardous substance is being discharged onto the bathing and swimming areas;or that
(5) High bathing density has created a condition which is or may be dangerous to the public
health. A coliform count over 1000 per ml.shall be considered a guide requiring additional
investigation.
(B) Sampling. Bacterial sampling of bathing beaches shall be done in accordance with the
requirements of 105 CMR 445.000.The results of the required testing shall be provided by the
operator to the board of health within one business day of receipt from the testing laboratory.
(C) Diving Areas.
(1) There shall be a minimum water depth of ten feet(3m)for a one meter and 12 feet
(3.6m)for a three meter diving board.
(2) For natural diving areas,the bottom shall be cleared of stumps,rocks,weeds and other
obstacles.
3/20/98 105 CMR- 1737
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.432: continued
(3) Diving boards shall be mounted on a firm foundation and never on an insecure base that
can be affected by shifting weight loads and wave action. The entire length of the toe
surface of diving boards shall be covered with nonskid material. The front end of the board
shall project at least six feet beyond the edge of the pool or dock. Clearance from the sides
of the board shall be at least ten feet(3.0m),the distance between diving boards shall be at
least eight feet(2.4m),and at least 13 feet(3.9m)of free and unobstructed head room shall
be provided above all diving boards and platforms.
(4) There shall be an adequate number of stairs or ladders for all diving towers,platforms,
and flats. All stairs and ladders shall be provided with a handrail. Treads of stairs and
ladders shall be of non-slip material.
(D) Required Safety Equipment. For each 2000 square feet or major fraction thereof of water
surface area used for bathing,the owner shall provide,in a readily accessible location,one ring
with a minimum inside diameter of 15 inches(0.9m),weighing 2'/z pounds(I.15kg)and with
an attached'h inch(§.35mm)rope no less than 60 feet(18.3m)in length. All swimming pools
and man-made swimming areas shall have at least one shepard's crook pole with a minimum
handle length of 12 feet(3.6m).
430.450: Site Location
No person shall operate a recreational camp for children unless it is located:
(A) so as to be accessible at all times during the designated camping season;
(B) where surface drainage conditions create no health or safety hazard;
(C) where approved water supply and sewage disposal facilities can be and are provided;and
(D) where traffic conditions create no undue safety hazards.
430.451: Certificate of Occupancy Required
All camp structures used for sleeping or assembly purposes shall have a current certificate
issued by the local building inspector(See 780 CMR: State Building Code). Furthermore,the
buildings shall be easy to keep clean and have a roof which is weathertight and waterproof.
430.452: Screening Required
The operator of each recreational camp for children shall provide the exterior openings in
every building used for food preparation,food service,and every permanent building used for
sleeping,with screens containing not less than 16 meshes per inch(2.54cm). Screen doors will
open in the direction of the flow of traffic out of the building. If no screen door is possible the
building door shall be equipped with a self-closing device. Every screen door shall be equipped
with a self-closing device. 105 CMR 430.000 shall not apply to areas used for outdoor cooking.
430.453: Lighting Required
The operator of each recreational camp for children shall provide adequate lighting for the
safe and sanitary use of each kitchen, dining room, mess hall, infirmary, toilet room and
stairway.
430.454: Maintenance of Floors
The operator of each recreational camp for children shall maintain the floors in all buildings
used for sleeping, food preparation or food service, smooth, clean and free from chronic
dampness. Except if a cellar exists,wooden floors in buildings used for human habitation shall
be elevated no less than six inches (15.2cm) above average ground level, provided, the
requirements of 780 CMR shall be followed in new construction or reconstruction at new or
existing camps. The operator shall keep the space beneath the floors clean and free from
obstruction.
3/20/98 105 CMR- 1738
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.455: Egresses Required
(A) One-story.One Room Buildines. The operator of each recreational camp for children shall
provide for one-story,one room buildings having one thousand square feet or less and having
25 occupants or less at least one means of egress provided that the length of travel does not
exceec=0 feet(15.2m)from any point in the building to the open air at grade and the minimum
width for aisles and corridors shall be three feet(0.9m).
(B) Emergency Escape. Every sleeping room shall have at least one openable window or
exterior door to permit emergency exit or rescue and shall conform to the following
construction:
(1) must be openable from the inside without the use of separate tools;
(2) the sill height shall not be more than 36 inches(0.9m)above the finish floor and with
a maximum six foot(1.8m)drop from the window sill to grade below the window;
(3) provided a minimum net clear opening area of 3.3 square feet with a rectangle having
minimum net clear opening dimensions of 20 inches(0.5m)by 24 inches(0.6m);
(4) shall not be obstructed;
(5) windows designated as a secondary means of egress shall be so posted with an"EXIT"
sign.
430.456: Egress to be Free of Obstructions
The operator of each recreational camp for children shall be responsible for maintaining all
means of egress free of obstructions.
430.457: Shelters for Day Camps
The operator of each day camp shall provide shelter,on or off the site,sufficiently large to
house and provide for on-going camp activities. Such structure shall comply with 105 CMR
430.451.
430.458: Shelters for Residential Camps
In all permanent buildings or structures space shall be so arranged as to provide a minimum
of 40 square feet(3.7 square meters)of floor area for each person occupying a single bed. 35
square(3.2 square meters)of space shall be provided for each person occupying a two tiered
(bunk)bed or for each person sleeping in a tent. 50 square feet(4.7 square meters)per person
of sleeping space shall be required for persons needing special appliances or equipment such as
wheelchairs or walkers for ambulation. Space shall include the area occupied by the bed,but
shall not include space such as closets or bathrooms.
430.459: Non-Ambulatory Campers
All campers and staff members with problems of mobility shall be housed on ground floor
level with the egresses leading directly to grade or to a ramp inclined no greater than one foot
(0.3m)in 12 feet(3.6m).
430.470: Separate Beds to be Furnished
The operator of each residential camp shall furnish in each sleeping cabin or tent a separate
bed,bunk or cot for each camper or staff member. Sleeping shall be so arranged as to provide
a minimum of three feet(0.9m)between sleepers if single decked and 4'/:feet(1.3m)if double
decked. A distance of at least six feet(1.8m)should be provided between the heads of sleepers.
Triple decked beds shall not be used. 105 CMR 430.470 shall not apply to primitive,short-term
group,travel and trip camps.
430.471: Sleeping Prohibited in Food Areas
The operator of each recreational camp for children shall not permit sleeping in kitchens or
rooms used for food preparation,storage or service.
3/20/98 105 CMR- 1739
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.472: All Bedding and Towels to be Cleaned •..,,....
The operator of each recreational camp for children shall maintain all operator-supplied
mattresses and pillows in a clean and sanitary manner. Bedding and towels provided by the
operator shall have been washed or dry cleaned prior to each issue.
(A) The operator shall cause sheets,towels,and pillow cases to be laundered,at least once a
week whether they are operator or camper supplied. Sleeping bags shall be aired at least every
five days.
(B) The operator shall not allow a common towel to be used.
430.631: Orieinal License
An applicant for an original license under this section for a recreational camp for children
shall file with the board of health at least 90 days prior to desired opening date,a plan showing
the buildings,structures,fixtures and facilities,including the proposed source of water supply
and works for the disposal of sewage and waste water which he plans to have upon said premises
if and when the license may issue.
430.632: Board of Health Shall Grant,Suspend or Revoke License
The board of health shall grant, suspend or revoke licenses for recreational camps for
children in accordance with the provisions of M.G.L.c. 140,§§32B and 32C. All licenses for
recreational camps granted under 105 CMR 430.000 shall state the maximum number of
occupants authorized for such camp and the capacity shall not be exceeded by the operator at
any time.Upon the issuance of a license,the local board of health shall notify the Massachusetts
Department of Environmental Protection and the Massachusetts Department of Public Health.
Said notification shall include the name and address of the camp,the name of the owner,the
number of campers and staff,and the number of days per year that the camp will be in operation.
430.633: Posting of License
The operator of each recreational camp for children shall post the Iicense in a prominent
place at the camp site.
430.650- Inspections Required
No recreational camp for children shall receive a license to operate in each year until it has
been inspected by the local board of health and found by the board to meet all the requirements
of 105 CMR 430.000. The local board of health shall also inspect a recreational camp for
children at any time that the board has reason to believe that a violation or violations of
105 CMR 430.000 exist,or upon the request or complaint of any person.
430.651: Inspection Report Forms
The local board of health shall prepare for each inspection a written report which must
include but need not be limited to the following:
(A) the name of the inspector,
(B) the date and time the of inspection or investigation;
(C) the location of the facility inspected;
(D) the date and time of any scheduled follow-up inspection;
(E) a description of each condition constituting a violation of 105 CMR 430.000;and
(F) a listing of each specific provision of 105 CMR 430.000 that appear to be violated.
A copy of the inspection report shall be completed and mailed or delivered to the operator
within seven days of the day of inspection.
3/20/98 105 CMR- 1740
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.700: Orden to Correct Violations
If an examination pursuant to 105 CMR 430.650 or pursuant to 105 CMR 400.100: State
Sanitary Code Chapter I.•General Administrative Procedures reveals that a recreational camp
for children does not comply with the provisions of 105 CMR 430.000,the local board of health
shall order the operator to comply with the violated provision of 105 CMR 430.000.
430.701: Violation Which Mav Endanger or Materially Impair the Health Safety or Well Bein of f the
Public
If an examination pursuant to 105 CMR 430.650 or pursuant to 105 CMR 400.100:State
Sanitary Code Chapter I: General Administrative Procedures reveals that any condition at a
recreational camp for children fails to comply with the provisions of 105 CMR 430.000 so as
to endanger or materially impair the health,safety,or well being of the occupants or the public,
the local board of health shall order the operator to comply with 105 CMR 430.000 or may order
any building condemned and vacated if appropriate or may order the camp program to be
terminated.
430.702: Contents of Order
Subject to the emergency provisions of 105 CMR 400.200(B),any order issued under the
provision of 105 CMR 430.000 shall:
(A) Include a statement of the violation or defect,a citation of the provision which is violated,
and may suggest action which if taken will effect compliance with.105 CMR 430.000;and
(B) allot a reasonable time for any action it requires;and
(C) inform the person to whom it is directed of the right to a hearing;of the deadline and proper
-' procedure for requesting a hearing; the right to inspect and obtain copies of all relevant
inspection or investigation reports,orders, notices and other documentary'information in the
possession of the board of health; the right to be represented at the hearing and that any
interested person has a right to appear at said hearing and present evidence, testimony or
argument.
430.703: Service of Orders
Every order authorized by 105 CMR 430.000 shall be in writing. Orders issued under the
provisions of 105 CMR 430.700 and 430.701 shall be served on the operator or his authorized
agent:
(A) personally,by any person authorized to serve civil process,or
(B) by leaving a copy of the order at his last and usual place of abode,by any person authorized
to serve civil process,or
(C) by sending him a copy of the order by registered or certified mail,return receipt requested,
if he is within the Commonwealth,or
(D) if his last and usual place of abode is unknown or outside the Commonwealth,by posting
a copy of the order in a conspicuous place on or about the building or portion thereof affected.
430.730: Request for Hearing
The person or persons to whom any order served pursuant to 105 CMR 430.700 and 430.701
has been directed may request a hearing before the local board of health by filing within seven
days after the day the order was served in the office of the board of health a written petition
requesting a hearing on the matter.
3/20/98 105 CMR- 1741
105 CMR: DEPARTMENT OF PUBLIC HEALTH
430.731: Hearing to be Held 11,
Upon receipt of a petition pursuant to 105 CMR 430.730 the board of health shall set a time
and a place for such hearing and shall inform the petitioner thereof in writing. The hearing shall
be commenced not later than ten days after the day on which the petition was filed;provided,
that upon application of the petitioner the board of health may postpone the date of the hearing
for a reasonable time beyond such ten-day period if in the judgment of the board of health the
petitioner has submitted a good and sufficient reason for such postponement. At the hearing the
petitioner shall be given an opportunity to be heard and to show why the order should be
modified or withdrawn.
430.732: Decision of Board of Health
The board of health shall sustain modify, or withdraw the order and shall inform the
petitioner in writing of its decision within seven days after the conclusion of the hearing. If the
board of health sustains or modifies the order, it shall be carried out within the time period
allotted in the original order or in the modification.
430.733: Public Record
Every notice,order or other record prepared by the board of health in connection with the
hearing shall be entered as a matter of public record in the office of the clerk of the city or town,
or in the office of the board of health.
430.734: Appeal of the Board of Health Decision
Any person aggrieved by the decision of the board of health with respect to the provisions
of 105 CMR 430.000 may seek relief therefrom in any court of competent jurisdiction, as
provided by the laws of the Commonwealth.
430.735: Compliance
If a written petition for a hearing is not filed in the office of the local board of health within
seven days after an order as-provided in 105 CMR 430.700 and 430.701 through 430.703
inclusive has been issued,or if after a hearing the order has been sustained in any part,each
day's failure to comply with the order as issued or modified shall constitute an additional
offense.
430.750: Operation Without License
Whoever operates a recreational camp for children without a license shall upon conviction
be fined not less than$10 nor more than$100 in accordance with M.G.L.c. 140, §32E.
430.751: Failure to ComRIv with Order of the Board of Health
Any person who fails to comply with any order issued pursuant to 105 CMR 430.000 shall
upon conviction be fined not less than$10 nor more than$100. Each day's failure to comply
with an order shall constitute a separate violation.
430.752: Failure to ComR1v with Provisions of 105 CMR 430.000
Any person who shall violate any provision of 105 CMR 430.000 shall upon conviction be
fined not less than$10 nor more than$100.
3/20/98 105 CMR- 1742
J _
105 CMR: DEPARTMENT OF PUBLIC HEALTH
a' 430.800: Board of Health Mav Grant Variance
The local board of health may vary the application of any provision of 105 CMR 430.000
with respect to any particular case when, in its opinion, the enforcement thereof would do
manifest injustice;provided,that the decision of the board of health shall not conflict with the
intent and spirit of these minimum standards. Any variance or other modification authorized to
be made by 105 CMR 430.000 may be subject to such qualification,revocation,suspension,or
expiration as the board_of health expresses in its grant. A variance or other modification
authorized to be made by 105 CMR 430.000 may otherwise be revoked,modified,or suspended
in whole or in part,only after the holder thereof has been notified in writing and has given the
opportunity to be heard,in conformity with the requirements for an order and hearing as required
by 105 CMR 430.000.
430.801: Variance to be in Writing
Any variance granted by the board of health shall be in writing. A copy of any such variance
shall,while it is in effect,be available to the public at all reasonable hours in the office of the
clerk of the city or town, or in the office of the board of health, and notice of the grant of
variance shall be filed with the Commissioner of Public Health of the Commonwealth. A copy
of any variance shall also be posted in the office of the recreational camp for children.
430.830: Severabilitv
In the event that any section of 105 CMR 430.000 is found to be invalid or unconstitutional,
the remaining sections shall not be affected.
REGULATORY AUTHORITY
105 CMR 430.000: M.G.L.c. 111,§§3 and 127A.
3/20/98 105 CMR- 1742.1
Page 1 of 2
Grant, Michele
From: DeBenedetto, Janel [JDeBenedetto@klcorp.com]
Sent: Monday, September 22, 2008 10:54 AM
To: Grant, Michele
Subject: RE: North Andover By-laws
-i Michele,
3oth Pat and I will be certified. I was looking for general Board of Health codes, nothing specific in regards to the
Serve-Safe requirements. Since each town has different variances, I was hoping to get more town-specific
•equirements and information, like I had said earlier, to avoid any future violations that could be avoided.
4Iso,I spoke with my licensor with the Department of Early Education and Care. We have decided that the safest
vay to handle the crock pots would be to build a drop box for them to sit in. Since the bottle warmers are mini-
:rockpots, I am afraid we will be in the same predicament. Willa build in drop box for the crockpots be sufficient?
Thank you,
Panel DeBenedetto
enter Director
{inderCare Learnin;Center
i94 Chickering Road
forth Andover,MA 01845
)78.685.8111.
-rom: Grant, Michele [ma iIto:mgrant@townofnorthandover.com]
lent: Mon 9/22/2008 10:33 AM
ro: DeBenedetto, Janel
iubject: RE: North Andover By-laws
li Janel,
Fhe state food code states - If a licensed food handler does not know the food code well and can not answer questions that
he Health Inspector may be asking... the inspector can request further training. North Andover's policy is to have 2 people
:ertified.
Fhanks Michele
-----Original Message-----
From: DeBenedetto, Janel [mailto:]DeBenedetto@klcorp.com]
Sent: Thursday, September 18, 2008 11:50 AM
To: Grant, Michele
Subject: North Andover By-laws
Hello Michele,
I have left a message for our Food Service Contact to get into a Serve-Safe course. I will provide you with
the date once I receive it.
I was on the North Andover town site last night trying to find the town's bylaws so I could use it as a
10/6/2008
Page 2 of 2
reference to know exactly what we need to do here to avoid any future violations. Could you tell me where I
could find that?
Thank you, and I will be speaking with you soon.
Sincerely,
Janel DeBenedetto
Center Director
KinderCare Learninb Center
594 Chickering Road
North Andover,MA 01845
978.685.8111
10/6/2008