SubPart 40-4 - Fee and Revenue Plan for Departmental Services

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Statutory Authority: 
Public Health Law, art. 6, Section 606

Section 40-4.0 - Fee and revenue plan

Section 40-4.0 Fee and revenue plan.

(a) Fees and revenues received by the department pursuant to section 606 of the Public Health Law shall be deposited in a local public health services program account, and distributed to municipalities as supplemental health services grants.

(b) Such revenues shall include fees for services provided by the department, fines levied and collected by the department from enforcement actions associated with these services, and monies received or recovered as a result of State aid audit exceptions.
 

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Section 40-4.1 - Fees for departmental services

40-4.1 Fees for departmental services.

(a) The department must charge a fee for the granting of a permit, inspections, or other services prerequisite to the issuance of a permit, or for other environmental health services. Such fee shall be nonrefundable.

(b) Annual fees for facility inspection and permit issuance services, where such services are provided by the department and not directly by the municipality, are based on the costs of providing such services and shall be revised periodically.

(c) Cumulative fees for a single operator at a single location shall not exceed $1,000 per year.

(d) Definitions. (1) As used in this Subpart, "multipurpose recreational facilities," are defined as large tracts of land upon which a recreational facility owned and operated by a single person, partnership or corporation is located. Such facilities may encompass multiple food, swimming or recreational facilities permittable under the State Sanitary Code. In completing a Fee Determination Schedule, the facility operator may exercise an option to pay either a registration fee as provided for in paragraph (10) of subdivision (e) of this section or fees separately calculated for each individual activity.

(2) "Primary service" is defined as the principal or major function of such multipurpose recreational facilities (e.g. water slides). All such primary services are covered by the base fee. Other services, (e.g. food,) are chargeable as add-ons for each individual facility (e.g., 10 food booths x $50. = $500.00 additional fee).

(3) "Seasonal facility," for the purpose of determining the annual fee levels for such facility, is defined as a facility permittable under the provisions of the State Sanitary Code which operates 26 weeks or less in a calendar year. Such seasonal facility must be designated as such on any permit issued to it, which shall also state the starting and ending dates of the seasonal operating period. Such seasonal facility shall be entitled to a 10% reduction from the normal annual fee.

(e) Fees for departmental environmental services, excluding plan review unless otherwise stated, are established as follows:

(1) Food service establishments, taverns, bars (includes $25 frozen dessert fee except for free-standing soft ice cream and slush machine units, etc.).

Seating Capacity 100 or less, including takeout or stand up service $ 75.00 101 or more 150.00

(2) Caterers and Commissaries. 200.00

(3) Temporary Food Service Mobile 30.00 Vendors.

(4) Hotels, Motels, Bungalow Colonies, Cabins, Cottage Colonies. (Base fee (i) and added fees (ii-iv))

(i) Number of rental units 1-20 units 50.00 21-50 100.00 51-100 150.00 101-200 200.00 201+ 400.00

(ii) Food service dining areas (which may include a cocktail lounge, night club, etc.)

Capacity 1 - 100 add 50.00 for each separate area/facility

Capacity 101 or more add 100.00 for each separate area/facility

(iii) Pool add 30.00 for each separate pool

(iv) Beach add 20.00 for each separate beach

(5) Campgrounds and Travel Trailer Parks. (Base fee (i) and added fees (ii-iv))

(i) Number of Sites

50 or less 50.00 51 - 200 75.00 201 - 500 100.00 501 - 750 150.00 751 or more 250.00

(ii) Food service dining areas (which may include a cocktail lounge, night club, etc.)

Capacity 1 - 100 add 50.00 for each separate area/facility

Capacity 101 or more add 100.00 for each sep area/facility

(iii) Pool add 30.00 for each separate pool

(iv) Beach add 20.00 for each beach

(6) Mobile Home Parks. Base fee (i) and added fees (ii-iv))

(i) Number of Sites

Less than 50 50.00 50-100 100.00 101 or more 200.00

(ii) Food service dining areas (which may include a cocktail lounge, night club, etc.) Capacity 1-100 add 50.00 for each separate area/facility

Capacity 101 or more add 100.00 for each separate area/facility

(iii) Pool add 30.00 for each separate pool

(iv) Beach add 20.00 for each separate beach

(7) Migrant Labor Camps.

Occupancy 5 - 50 50.00 51 or more 100.00

(8) Swimming Pools and Common Use Spa Pools.

Maximum number of Bathers (25 sq. ft./bather) 1 - 100 50.00 101 or more plus wave pools and slides 100.00

(9) Bathing Beaches.

Less than 5000 sq. ft. 30.00 5000 sq. ft. or more 70.00

(10) Multipurpose Recreational Facilities.

(i) Base fee for primary service 500.00 (food, pool, beach, etc. as as designated by operator)

(ii) Additional services (other than primary)

Food service add 50.00 for each separate area/facility

Pool add 30.00 for each separate area/facility

Beach add 20.00 for each separate area/facility

(11) Community Water Supplies.

Population Served: Less than 1000 100.00 1000 - 9999 500.00 10,000 or more 1000.00

(12) Unpermitted Noncommunity Water Supplies. 100.00

(13) Mass Gatherings, Including Plan Review. 500.00

(14) Public Functions of Over 5000 People Not Constituting Mass Gatherings.

Number of emergency health care units Less than 3 100.00 3 or more 200.00

(15) Children's Camps. 100.00

(16) Frozen Desserts. (soft ice cream) 25.00

(f) Plan review fee (per project):

(1) Food Service Establishments, 75.00 Caterers, Commissaries, etc.

(2) Hotels, Motels, Bungalow Colonies, Cabins, Cottage Colonies.

Number of stories or structures 1 or 2 50.00 3 or more 200.00

(3) Campgrounds and Travel Trailer Parks. 100.00

(4) Mobile Home Parks. 100.00

(5) Migrant Labor Camps. 50.00

(6) Swimming Pools and Bathing Beaches.

100 - 5000 sq. ft. 100.00 5001 sq. ft. or more 150.00 Wavepools, slides, spa pools 150.00

(7) Realty Subdivisions (as prescribed by Public Health Law, section 1119) 25.00/lot

(8) Community and Noncommunity Water Supply.

Cost of Project Less than $10,000 50.00 10,000 - 100,000 100.00 More than 100,000 200.00

(9) Individual Sewage System. (alternative design) 50.00
 

Effective Date: 
Wednesday, January 25, 1989
Doc Status: 
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Section 40-4.2 - Applicability

40-4.2 Applicability. (a) It shall be the responsibility of each facility rendering to the public services covered by the fee schedule provided in section 40-4.1 of this Subpart to remit the annual fee in the form and by the date required by the department, except that no fee shall be charged in the case of a facility operated by a person, firm or corporation or association for charitable, philanthropic or religious purposes or by a municipality.
(b) Failure to pay the prescribed fee shall result in nonissuance of a permit to operate or summary suspension of any existing permit until such fee is paid.

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