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105 CMR 435.00
105 CMR 435.23: (1) The operator shall provide one or more lifeguards 16 years of age or older if the Board of Health determines that they are necessary for the safe use of the swimming or wading pool. The Board, when determining whether there is a need for one or more lifeguards and the number of on-duty lifeguards to be present at the pool at any one time, shall take into account the size, shape and capacity of the swimming or wading pool. As a guideline, it is suggested that one lifeguard be provided for each 25 bathers.
105 CMR 435.46: (b) the applicant has proved that the same degree of protection required under 105 CMR 435.00 can be achieved without strict application of the particular provision.
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