Hampden Board of Health reviews state camp rules for Parks & Recreation's summer program and votes to designate it a town program

The Hampden Board of Health and Select Board discussed whether the town's long-running Parks & Recreation summer program must be licensed under state recreational-camp rules and voted to designate it a municipal summer program, a step board members said preserves operations while they seek legal review.

At issue is Massachusetts Department of Public Health regulation 105 CMR 430, which governs recreational camp licensing and includes an exemption that can apply to single-purpose classes or to programs "sponsored by municipal recreation departments." Staff and the board reviewed a DPH advisory titled "Clarification of recreational camp licensing exemption for programs sponsored by municipal recreation departments," which states that the exemption applies when a program is operated by a city or town department and run by town employees.

Finn, who participated in the meeting and fielded questions about the regulation, summarized the state's interpretation: "It's considered a camp if there's multiple activities going on throughout the day ... it has to be a single purpose activity to be considered exempt." Finn also said he had "reached out to the state" but had not yet received a written response from state contacts.

Board and Parks staff noted the program's longevity: the town-run program has operated for decades and offers multiple activities and weekly themes. Staff said they voluntarily follow most of the state guidance but that formal state licensure would impose substantial additional documentation and staffing requirements that could be impractical for the town in the short term.

Board of Health participants raised concerns about liability and insurance. Finn told the board that if the town were to waive licensure or accept exemptions, "the town would be ... liable" if an incident occurred that might have been mitigated by the state code's additional safety steps. The board agreed that town counsel should weigh in on liability and insurance implications.

Given the timing — the program was scheduled to start in under a month — Select Board members and Parks staff said shutting down the program was not feasible. The board discussed two paths: (1) seek legal guidance and document the town program to fit the municipal exemption where possible (for example, emphasizing single-purpose sessions and employing town staff), or (2) pursue state licensure for future seasons if counsel recommends it.

At the meeting a member moved that "the parks and recreation summer program be designated as such." The board voted by voice, "Aye," and the Parks & Recreation committee said it would also consider the matter again at its next meeting.

Parks & Recreation and Board of Health members also handled related event approvals: the board approved a one-day permit for a vendor (Batch Ice Cream) at Juneteenth activities, authorized a swimming-pool permit for Giggle Gardens Childcare and granted Parks & Recreation an entertainment license for summer events (the board waived the fee and granted the license for the balance of 2025). The board said it would follow up with town counsel and the state if more formal guidance arrived.