[Adopted 1-24-2023[1]]
[1]
Editor's Note: This regulation was originally adopted as §§ 155-154 through 155-164. As the Code already contained §§ 155-154 through 155-169, the regulation was renumbered as §§ 155-170 through 155-180. The Board of Health approved the renumbering 3-21-2023.
These regulations are adopted under Massachusetts General Laws MGL c. 111, § 31, and 105 CMR 430, Minimum Standards for Recreational Camps for Children (State Sanitary Code: Chapter IV).
Acting in accordance with the above authorities, the Lexington Board of Health hereby adopts the following recreational camp for children regulations as reasonable requirements for the protection and promotion of the health and safety of all users of such facilities. All provisions of 105 CMR 430.000 are hereby adopted as local Board of Health regulations and are incorporated into these regulations by such adoption. The purpose of these regulations is to supplement those areas insufficiently or unclearly addressed in 105 CMR 430.000, Minimum Standards for Recreational Camps for Children.
No recreational camp will operate without a license from the Board of Health. Any person or program that promotes or advertises itself as a camp, even if it does not meet the criteria of a recreational camp as defined within 105 CMR 430.020, must be licensed as a recreational camp for children prior to operating.
A. 
All camps must identify a primary and backup on-site Director and Health Care Supervisor.
B. 
Any person identified as the Health Care Supervisor must be at minimum 21 years of age and meet the other requirements of 105 CMR 430.
C. 
No person shall serve as the on-site Director and Health Care Supervisor simultaneously to ensure that each role is covered at all times during operation.
(1) 
A Camp Director and a Health Care Supervisor shall be on-site at all times.
(2) 
If there is no backup for either role and a gap in coverage will occur, then the camp must shut down for that time period.
A. 
For campers and staff 18 years or younger, immunizations must comply with the current 105 CMR 220, Massachusetts Immunization Requirements for School Entry.
B. 
For campers and staff 19 years or older, immunizations must comply with 105 CMR 430.152 of the current Minimum Standards for Recreational Camps for Children (State Sanitary Code: Chapter IV).
C. 
All campers and staff 19 years and older must provide proof of immunity against chicken pox (Varicella).
(1) 
Proof of immunity can include documentation of age-appropriate immunization, serologic evidence of immunity or a reliable history of the disease (such as a physician diagnosis).
(2) 
If proof of immunity does not exist, the person can be considered susceptible and isolation and quarantine measures (for example, exclusion from camp) may be implemented if an exposure to chicken pox occurs.
A. 
New camps.
(1) 
For all new camps, an online recreational camp for children plan review application and plan review fee must be submitted 90 days prior to the first day of camp. Pursuant to MGL c. 140, § 32B, the Board of Health, after a hearing with reasonable notice, may grant approval for new recreational camps or overnight camps located within Town.
(2) 
After the recreational camp plan review is approved by the Board of Health, the new camp must then apply online for the recreational camp for children permit. The permit fee must be submitted at that time.
B. 
Returning camps must complete an online recreational camp for children permit application. In addition to the application, the camp handbook, all policies, promotional literature, and orientation materials as required by the current 105 CMR 430, Minimum Standards for Recreational Camps for Children (State Sanitary Code: Chapter IV), must be submitted 60 days prior to the first day of camp. The permit fee must be submitted at that time.
C. 
For camps operating outside of the summer months, the online recreational camp for children permit application and all additional documentation and procedures must be submitted 60 days prior to the first day of camp. The permit fee must be submitted at that time.
D. 
Weather event(s) contingency plan for outdoor camps. In the event of inclement weather, camps must provide a plan for an alternate location, which would include all aspects of a camp site plan, to be included in the camp handbook.
E. 
Health records, immunizations, and physicals as required under 105 CMR 430.150 and 430.151 of the current Minimum Standards for Recreational Camps for Children (State Sanitary Code: Chapter IV), must be completed and ready for review no less than three weeks prior to the first day of camp for campers and staff.
F. 
Documentation, such as CORI/SORI reports and background checks for staff and volunteers, as required under 105 CMR 430.090 of the current Minimum Standards for Recreational Camps for Children (State Sanitary Code: Chapter IV) must be complete and ready for review no less than three weeks prior to the first day of camp.
A. 
The recreational camp must contact the Lexington Health Department and arrange for a preoperational inspection to be completed no less than 14 days prior to the first day of camp. If any violations are found, they must be corrected within the time frame allotted.
B. 
A permit to operate a recreational camp must be issued at least seven days prior to the first day of camp. If the permit cannot be issued, it may result in a delayed opening of camp.
A. 
All camps will be required to pay a permit fee as per the Lexington Board of Health Permit Fee Schedule.
B. 
Any new camp will be required to pay a plan review fee as per the Lexington Board of Health Permit Fee Schedule.
C. 
Any camp that requires a reinspection due to noncompliance at the time of the preoperational inspection will be subject to an additional inspection fee as per the Lexington Board of Health Permit Fee Schedule.
D. 
At any time during camp operations, if a violation of the Lexington Board of Health Recreational Camp Regulations is found, then the camp will be subject to a fine of $100.
A. 
Variances may be granted only as follows: The Board of Health may vary the application of any provisions of these regulations (except where such variance is expressly forbidden in these regulations or by applicable law/regulation) with respect to any particular case when, in the Board's opinion:
(1) 
The enforcement thereof would do manifest injustice.
(2) 
The applicant has proved the same degree of protection required under these regulations can be achieved without strict application of the particular provision(s).
B. 
Every request for a variance shall be made in writing and shall state the specific variance sought and the reasons therefor. Any variance granted by the Board of Health shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial. A copy of each variance shall be available to the public at all reasonable hours in the office of the city or Town Clerk or the office of the Board of Health while it is in effect.
Any person aggrieved by the decision of the Board of Health with respect to the provisions of these regulations and 105 CMR 430.000 may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the commonwealth.
In the event any section of these regulations is found to be invalid or unconstitutional, the remaining sections shall not be affected.