Section 7-2.3 - Application

7-2.3 Application.

(a) The requirements of this Subpart shall apply to a camp occupied by or maintained for occupancy by 10 or more children except:

(1) any place occupied by children under 18 years of age for overnight occupancy of 72 consecutive hours or less;

(2) day camps operating less than all or part of five days in any two-week period;

(3) child care facilities licensed or registered by the New York State Department of Family Assistance, Office of Children and Family Services;

(4) activities at unscheduled or drop-in neighborhood-center settings; single-purpose activity such as athletic events, which are held for the sole purpose of tournament play or competition, and associated training practice, "Special Olympics," little league baseball, Pop Warner football; and recreational activity without a specified time period of attendance required;

(5) college level educational programs provided by schools that are accredited by the Regents of the University of the State of New York;

(6) school districts, Boards of Cooperative Educational Services (BOCES) or nonpublic schools providing instruction to satisfy, enrich, accelerate or improve skills in accordance with New York State education requirements;
(7) day programs conducted for the purpose of classroom educational instruction, including but not limited to traditional academic subjects, religious instruction, and computer training, that have one or more nonpassive recreational activities with significant risk of injury when such activities are conducted as part of a one hour or less recess period constituting no more than one fifth of the program's daily operation, and which occur on a playground, in a gymnasium, or similar setting; and

(8) any operation or use of a tract of land or property determined by the State Commissioner of Health as not being within the intent of or regulated by this Subpart.

Effective Date: 
Wednesday, July 6, 2011
Doc Status: 
Complete