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  • Acts
  • 2012
  • Chapter 153 AN ACT RELATIVE TO WATER SAFETY FOR CHILDREN.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Section 1 of chapter 90B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting before the definition of “Boating accident” the following definition:-

“Amphibious landing vehicle”, - a motor vehicle that can travel on land and water.

SECTION 2. Section 5A of said chapter 90B, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Each amphibious landing vehicle shall have 1 Coast Guard approved personal flotation device of Type I, II or III that shall be in a readily accessible location for each passenger under 10 years of age.

SECTION 3. Chapter 111 of the General Laws is hereby amended by inserting after section 127A the following section:-

Section 127A½. (a) The department of public health shall adopt rules or regulations requiring municipal and recreational programs and camps for minor children under its jurisdiction to have a system in place to have Coast Guard approved personal flotation devices of Type I, II or III available to non-swimmers and at-risk swimmers who will be present in a swimming or diving area, excluding swimming pools, wading pools and other artificial bodies of water.

(b) A determnation shall be made of each minor’s swimming ability at the first swimming session at municipal and recreational programs and camps in order to identify and classify non-swimmers and at-risk swimmers. Minors attending a municipal or recreational program or camp shall then 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) No municipal or recreational program or camp for minor children shall refuse, decline or otherwise prohibit a parent, guardian or person with custody of a minor from providing a Coast Guard approved personal flotation device of Type I, II or III to such municipal or recreational program or camp to be used by the minor for the duration of the minor’s attendance at such camp.

Approved, July 18, 2012.