Part 7 - Temporary Residences, Mass Gatherings, Children's Camps, Campgrounds and Agricultural Fairgrounds

Effective Date: 
Wednesday, May 16, 2018
Doc Status: 
Complete
Statutory Authority: 
Public Health Council, Section 225(4) of PHL

SubPart 7-1 - Temporary Residences (Hotels, Motels and Cabin Colonies)

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sec. 225

GENERAL PROVISIONS

Section 7-1.1 - Definitions

GENERAL PROVISIONS
Section 7-1.1. Definitions.

(a) Adequate shall mean sufficient to accomplish the purpose for which something is intended, and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted, or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of the Subpart.

(b) Camping unit shall mean a tent, camping cabin, recreational vehicle or other type of portable shelter intended, designed or used for temporary human occupancy.

(c) Occupancy unit shall mean a room or group of rooms forming a single habitable unit intended to be used for overnight occupancy.

(d) Permit-issuing official (PIO) shall mean the State Commissioner of Health, the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or district director having jurisdiction, or any county or public health director having all the powers and duties prescribed in section 352 of the Public Health Law.

(e) Person shall mean an individual, group of individuals, partnership, firm, corporation, association, political subdivision, government agency, municipality, estate or any other legal entity.

(f) Potable water shall mean water provided or used for human consumption, food preparation, or for lavatory, culinary, bathing or laundry purposes.

(g) Public health hazard shall mean any existing or imminent condition, which can be responsible for or cause illness, physical injury or death.

(h) Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator residue, street cleanup, dead animals, offal and solid commercial waste.

(i) Sewage shall mean excreta and the waste from a flush toilet, bath, sink, lavatory, dish washing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

(j) Temporary residence shall mean a tract or tracts of land and any hotel, motel, cabin colony, building, camping unit or other structures including worker housing that may be pertinent to its use, maintained primarily for overnight occupancy by persons who are provided at least some part or portion of the use of the facilities.

(k) Uniform Code shall mean the 19 NYCRR Chapter XXXIII, Subchapter A – State Uniform Fire Prevention and Building Code.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.2 - Application

7-1.2 Application.

(a) The requirements of this Subpart shall apply to a temporary residence occupied by or maintained for occupancy by 11 people or more, except:

(1) temporary residences or portions of any such establishment which are occupied by the same persons in excess of 180 consecutive days in a calendar year as their domicile, while those portions of the temporary residence are so occupied. This exclusion of portions of a temporary residence occupied by the same persons in excess of 180 consecutive days shall not apply to worker housing.

(2) a hotel or motel located in a city with a population of 125,000 or more for which all water is derived from a public water supply system and from which all sewage is discharged to a public sewer system;

(3) a temporary residence consisting of a single occupancy unit rented in its entirety for common use by a group, provided it is not part or otherwise affiliated with a temporary residence as described in Section 7-1.1(j);

(4) a temporary residence or portion thereof, occupied by the owner or operator thereof, or his family;

(5) a temporary residence occupied for less than 60 cumulative hours in any calendar year;

(6) a temporary residence used as a jail, hospital, nursing or convalescent home, or otherwise offering residential or custodial care to individuals who are physically or mentally unable to completely care for themselves;

(7) a temporary residence used as a school or college dormitory, or a fraternity or sorority house that is affiliated with an academic institution approved under the Education Law;

(8) a temporary residence operated as a domestic violence shelter, homeless shelter or hospice residence;

(9) a temporary residence which the Commissioner, based upon consideration of the nature, duration and continuity of its occupancy, the degree of occupant control over the use and nature of the property’s facilities, the purpose of the property’s occupancy and the extent to which the property may be subject to the regulation of other agencies, reasonably determines not to be within the intent of regulation under this Subpart.

(b) The requirements of this Subpart shall not apply to a children’s camp, campground, mass gathering, migrant farmworker housing or a mobile home park as defined in Subparts 7-2, 7-3, 7-4 and Parts 15 and 17 of this Title respectively.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.3 - Permit for operation, inspection, access

7-1.3 Permits to operate a temporary residence required; application, issuance, revocation, posting, inspection, access.

(a) No person shall operate a temporary residence or cause or allow the same to be operated, without a permit from the permit-issuing official.

(b) Application for a permit shall be made on a form specified by the Department, by the operator to the permit-issuing official at least 60 days before operation or the expiration of an existing permit or a change in name, owner or operator.  For new construction, such application shall include a copy of the certificate of occupancy issued by the local code enforcement official.

(c) The permit-issuing official shall issue a permit if the temporary residence conforms or will conform at the time of operation to the requirements of this Subpart and will not present a danger to the health and safety of the occupants and general public. An applicant's past history of compliance or non-compliance will be a consideration in evaluating the previously mentioned criteria.

(d) A permit may be denied, revoked or suspended by the permit-issuing official or the State Commissioner of Health if the temporary residence is maintained, operated or occupied in violation of the Public Health Law, this Title or other applicable provisions of the Uniform Code. Before denial, suspension or revocation of a permit, or after receipt of a notice of violation, the operator shall have the right to appeal to the permit-issuing official, except that when a public health hazard exists, a permit may be temporarily suspended pending a hearing. A permit will also be revoked upon request of the operator or upon abandonment of the temporary residence operation. Following the revocation, an application shall be filed for a new permit before resumption of operation.

(e) A permit for a temporary residence shall be issued for a period of not more than three years from the date of issue. A permit shall not be transferable or assignable and shall expire upon a change of the operator of the temporary residence or upon the date specified by the permit-issuing official.

(f) The permit-issuing official or representative shall be allowed entry at any time for the purposes of inspection to any property operated as a temporary residence as defined by this Subpart.

(g) A permit issued for the operation of a temporary residence shall be posted in a conspicuous place on the premises.

(h) A separate permit shall be required to operate a children’s camp. A bathing beach, swimming pool, recreational aquatic spray ground or a food service establishment operated as part of a temporary residence, for which a permit is required under the provisions of this Subpart, shall not require the issuance of a separate permit.

(i) The permit-issuing official may establish procedures for the exchange of information with other State or local governmental agencies having responsibility for making health or safety inspections of buildings, including temporary residences as defined in this Subpart, and may utilize the information provided by any such agency in making a determination regarding the issuance, denial or revocation of a permit required by this Subpart.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.4 - Enforcement; public health hazards and other violations

7-1.4 Enforcement.

(a) Permits and placarding.

(1) The permit-issuing official may order any facility operating without a permit as required in Section 7-1.3 to close, and remain closed until a valid permit for operation of the facility is obtained.

(2) The enforcement procedures delineated in the Public Health Law or otherwise provided by law shall be used as appropriate. Where a public health hazard is found, the portion of the temporary residence impacted by the hazard shall be placarded to prohibit use until the hazard is corrected in order to protect the public health and safety of the occupants. When a placard is used, it shall be conspicuously posted at each entrance or walkway leading to the portion of the property where the hazard exists. The placard shall state the authority for its placement and indicate that concealment, mutilation, alteration, or removal of it by any person without permission of the permit-issuing official shall constitute a violation of this Title and the Public Health Law.

(3) As soon as possible and in any event within 15 days after placarding a facility, the operator shall be provided with an opportunity to be heard and present evidence that continued operation of the facility does not constitute a danger to the public. The hearing shall be conducted by the permit-issuing official or the designated hearing officer.

(4) The permit-issuing official or designated representative shall inspect the premises within two working days of notification that the hazard has been eliminated. The placards will be removed after the permit-issuing official or his designated representative verifies that the hazard has been eliminated.

(b) Public health hazards.

Any of the following violations are public health hazards which require immediate corrective or remedial action and which require the permit-issuing official or designated representative to order immediate correction or to immediately institute action as provided in the law and in this Subpart:

(1) the condition of the electric service, wiring or electrical system components is such that an imminent fire or shock hazard exists;

(2) the potable water system contains contaminants in excess of the maximum contaminant levels prescribed in applicable sections of Part 5 of this Title;

(3) use of an unapproved water supply source for potable use;

(4) insufficient quantity of water to meet drinking or sanitary demands;

(5) the treatment of the potable water system, when required for disinfection or removal of contaminants, is not continuous;

(6) disinfection of the potable water system is inadequate to destroy harmful microorganisms or to maintain a specified chlorine residual;

(7) the presence of cross connections or other faults in the water distribution or plumbing systems which result, or may result, in the contamination of the potable water system;

(8) inadequately treated sewage discharging on the ground surface in an area accessible to the facility occupants and/or public, or which may result in pollution of a ground or surface water supply or bathing beach;

(9) inadequately operated and/or maintained fire alarm and fire suppression systems;

(10) failure to provide or maintain required exits;

(11) failure to maintain required exits or smoke barrier doors, emergency lights, or exit signs;

(12) improper storage of flammable, volatile liquids or hazardous materials;

(13) any other condition the permit–issuing official determines to be a public health hazard.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.5 - Operator responsibilities and reporting requirements

7-1.5 Operator responsibilities and reporting requirements.

(a) The operator of a temporary residence shall employ or designate an individual who is acceptable to the permit-issuing official to be in charge of the property to maintain the facilities, and who shall be on or available to the property at all times when the property is occupied or open for occupancy, who is capable of providing an adequate response to all matters affecting the life, safety and health of the occupants.

(b) A telephone number or other method for summoning the individual in charge shall be posted in an area readily accessible to the facility occupants.

(c) The operator shall report to the permit-issuing official within 24 hours of notification of any of the following occurrences:

(1) An injury or illness occurring at a swimming pool, bathing beach or recreational aquatic spray ground as required in Part 6 of this Title;

(2) A condition suspected of affecting the quantity or quality of the on-site potable water supply or constituting a public health hazard as specified in Subpart 5-1 of Part 5 of this Title;

(3) An illness suspected of being food or water-borne to have resulted from the consumption of food or water at the temporary residence, as required in Subparts 5-1 and 14-1 of Parts 5 and 14 of this Title;

(4) An illness related to exposure to carbon monoxide within a temporary residence;

(5) All fires which result in a report or a call to a fire or police department.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.6 - Variance and waivers

7-1.6 Variance and waivers.

(a) Variance. In order to allow time to comply with certain provisions of this Subpart, an operator may submit a written request to the permit-issuing official for a variance from a specific provision(s). The permit-issuing official may grant a variance for a period not to exceed one year when the health and safety of the public will not be prejudiced by the variance and where there are practical difficulties or hardships in immediate compliance with the provision. An operator must meet all terms of an approved variance including the effective date, the time period for which the variance is granted, the requirements being varied and any special conditions the permit-issuing official specifies.

(b) Waiver. In order to obtain a waiver permitting alternative arrangements that do not meet the provisions of this Subpart but do protect the health and safety of the occupants and the public, an operator may submit a written request to the permit-issuing official for a waiver from a specific provision of this Subpart. Such request must demonstrate to the satisfaction of the permit-issuing official that the alternate arrangements provide adequate protection of the health and safety of the patrons and public. The permit-issuing official may grant or deny a waiver after obtaining and following the recommendation of the State Department of Health, and may set conditions on such waiver. An operator must meet all terms and conditions of an approved waiver. A waiver will remain in effect unless revoked by the permit-issuing official or the facility changes operators.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

CONSTRUCTION

Section 7-1.7 - Building construction, enlargement, development, improvement or conversion

CONSTRUCTION

7-1.7 Building construction, enlargement, development, improvement or conversion required.

(a) Notice of construction, modification or conversion required. No person shall modify an existing temporary residence or develop or convert a property for use as a temporary residence without first notifying the permit-issuing official at least 60 days before construction commences. Notices shall be submitted on a form acceptable to the permit-issuing official and shall give the name and location of the property, a brief description of the construction, modification or conversion, and the name, telephone number and mailing address of the person giving notice.

(b) Requirement for new construction. All new construction including alterations, enlargements and improvements, and change of occupancy shall be in accordance with the Uniform Code. The building permit and certificate of occupancy/certificate of compliance as issued by the code enforcement official and a copy of the plans as approved by the CEO shall be readily available for review by the permit-issuing official. The permit-issuing official may require the operator to submit, prior to temporary residence permit issuance and/or occupancy of newly constructed or modified facilities, a construction compliance certificate prepared and signed by a professional engineer or registered architect licensed to practice in New York State that shall include a statement that the construction pertaining to fire safety was in accordance with the Uniform Code and the approved plans. A copy of the approved plans shall be readily available for review by the permit-issuing official or designated representative.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

OPERATION, SUPERVISION AND MAINTENANCE

Section 7-1.8 - Fire safety standards

OPERATION, SUPERVISION AND MAINTENANCE

7-1.8 Fire Safety Standards

(a) Fire alarm systems. Automatic fire alarm systems, when provided, and the related detection equipment shall be operated and maintained as to provide adequate warning to all the occupants in the event of a fire. Documentation shall be available on-site indicating the system is maintained in accordance with applicable sections of the Uniform Code. A copy of such documentation shall be available for review by the permit-issuing official or designated representative at the time of inspection.

(b) Automatic fire suppression systems. Automatic fire suppression systems, when provided, shall be operated and maintained as to provide detection and suppression functions of fire related events as necessary. Documentation shall be available on-site indicating the system is maintained in accordance with applicable sections of the Uniform Code. A copy of such documentation shall be available for review by the permit-issuing official or designated representative at the time of inspection.

(c) Portable fire extinguishers. Portable fire extinguishers shall be conspicuously located and readily accessible for use in the event of a fire. Documentation shall be available on-site indicating the extinguishers are located and maintained in accordance with applicable sections of the Uniform Code. A copy of such documentation shall be available for review by the permit-issuing official or designated representative at the time of inspection.

(d) Exit signs and emergency lighting.  Illuminated exit signs and emergency lighting (when required) shall be readily visible and maintained operational at all times, and shall clearly identify a safe continuous path of travel to the exterior of the building.

(e) Exit maintenance and discharge.  All exits and exit pathways shall be maintained free and clear of obstructions at all times and discharge directly to the exterior of the building, in a manner which facilitates safe and prompt egress. Doors located in exit pathways shall be non-lockable against egress, operable with a single motion, and devoid of hooks, bolts, bars or similar restrictive devices.

(f) Vertical and horizontal confinement. Existing building construction features, such as doors designed to prevent the spread of fire and smoke throughout the building, shall be maintained as designed at all times.

(g) Fire safety and evacuation plans. A copy of the fire safety and evacuation plan submitted to the local code enforcement official shall be available on-site for review by the permit-issuing official or designated representative at the time of inspection. The fire safety and evacuation plans shall be updated as required in accordance with applicable sections of the Uniform Code. The permit-issuing official may require submission of the fire safety and emergency plan.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.9 - Water supply

7-1.9 Water supply.

(a) The water supply serving all plumbing fixtures, including drinking fountains, lavatories and showers, shall, after treatment, meet the provisions required for a public water system as defined in Subpart 5-1 of the State Sanitary Code. A temporary residence with an on-site water supply that does not meet the definition of a public water system must comply with the standards established in Subpart 5-1 for a non-community water system.

(b) Annual start-up. The temporary residence operator must ensure that the following actions have been taken at least 15 days prior to the property’s occupancy for which the water supply is utilized each year. The following applies to each on-site potable water system that is not subject to continuous water use, and to each temporary residence potable water supply distribution system which receives water from an off-site public water system and is not subject to continuous water use.

(1) All water mains shall be disinfected by:

(i) completely filling the main to remove all air pockets, flushing the main to remove particulates, and filling the main with potable water. The potable water shall then be chlorinated by feeding liquid hypochlorite at a constant rate such that the water will not have less than a 25 mg/l free chlorine residual throughout the temporary residence water system. After a 24-hour holding period there must be a free chlorine residual of not less than 10 mg/l throughout the temporary residence water system; or

(ii) using a disinfection method the State Commissioner of Health has determined in writing to be as protective as the disinfection procedure described in section 7-1.9(b)(1)(i).

(2) The water system shall then be flushed and free chlorine residual disinfection concentrations measured at representative points in the distribution system to ensure that no free chlorine is present if a waiver of disinfection has been issued, or that a free chlorine residual of greater than 0.2 mg/l and less than 4.0 mg/l is present in a system with continuous disinfection.

(3) Bacteriological samples shall then be collected from each water source at representative points in the distribution system and analyzed at a laboratory certified by New York State Department of Health.

(4) The facility operator must report sample results, if positive for Total Coliform or Escherichia Coli to the permit-issuing official as soon as possible but no later than 24 hours of being notified by the laboratory. Pre-operational water analysis reports must be submitted to the permit-issuing official prior to permit issuance. All other water analysis reports required to be made by this Subpart or requested or ordered by the permit-issuing official shall be submitted to the permit-issuing official within 10 days of the end of each quarter in which samples were collected.

(c) Water distribution and treatment. Facilities shall be provided and maintained for the satisfactory treatment and distribution of water. In addition, such facilities shall meet the following requirement:

(1) Submission of plans; prior approval. A plan for a new or modified water source, or distribution and treatment facilities shall be submitted to the permit-issuing official at least 60 days prior to construction. No construction of new or modified water distribution and/or treatment facilities shall commence until plans and specifications have been submitted to and approved by the permit-issuing official. Construction shall be in accordance with the approved plans.

(d) Minimum standards. Potable hot or tempered and cold running water shall be adequate in quantity and quality and shall be readily available to occupants of the temporary residence. Only potable water shall be easily accessible. Any non-potable water supply shall be conspicuously labeled as a non-potable supply. An adequate supply shall mean a minimum of 50 gallons per person per day or more dependant upon amenities provided at the facility, unless otherwise justified in writing by a professional engineer or registered architect licensed to practice in New York State and deemed acceptable by the permit-issuing official.

(e) Connections prohibited. There shall be no physical connection between the potable water supply and any non-potable water supply. Any fixture, installation or equipment, which is subject to back-siphonage, shall be adequately installed and maintained to protect against contamination of the water system.

(f) A minimum pressure of 20 pounds per square inch, at peak demand, shall be maintained in all parts of the water distribution system.

(g) A common drinking utensil shall not be provided for individual consumption of potable water.

(h) Interruptions, changes in sources or treatments. Any incident or condition, which affects the quantity or quality of the on-site potable water supply, shall be reported to the permit-issuing official within 24 hours of occurrence. There shall be no changes made to the source or method of treatment of a potable water supply, either temporary or permanent, without first receiving approval from the permit-issuing official. An adequate supply of potable water must be provided and maintained during all times of operation.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.10 - Sewage collection and treatment

7-1.10 Sewage collection and treatment.

(a) Facilities shall be provided and maintained for the satisfactory treatment and disposal of sewage. In addition, such facilities shall meet the following requirements:

(1) Submission of plans. A plan for new or modified sewage treatment facilities shall be submitted to the permit-issuing official at least 60 days prior to beginning construction.

(2) Plan approval and construction. Plans for sewage treatment system construction or improvements shall be approved prior to construction by the permit–issuing official and/or New York State Department of Environmental Conservation.  No construction of new or modified sewage treatment facilities shall commence until all required approvals have been obtained. Construction shall be in accordance with the approved plans.

(b) The presence of inadequately treated sewage on the surface of the ground is prohibited.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.11 - Food service

7-1.11 Food service.

(a) A plan for new or modified food service facilities shall be submitted to the permit-issuing official at least 60 days prior to beginning construction. All kitchens, dining areas and food service equipment associated with the service of food to the public, including occupants of the temporary residence, shall be approved by the permit-issuing official and constructed, maintained and operated so as to comply with applicable provisions of Part 14 of this Title.

(b) When food or food utensils are provided within an occupancy unit, the dishes and utensils shall be single service or adequately washed, rinsed and sanitized and shall be handled and stored in a sanitary manner.

(c) Clean and adequately sanitized drinking glasses or single service cups shall be supplied for use in each individual guest room.

(d) Food service(s) operated by a vendor other than the temporary residence operator shall require a separate permit to operate in accordance with Part 14 of this Title.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.12 - Swimming pools, bathing beaches and recreational aquatic spray ground

7-1.12 Swimming pools, bathing beaches and recreational aquatic spray grounds.

(a) A plan for a new or modified aquatic facility shall be submitted to the permit-issuing official at least 60 days prior to beginning construction. A swimming pool, bathing beach, or recreational aquatic spray ground operated as part of a temporary residence for the use of the occupants, guests, invitees or employees shall require the approval of the permit-issuing official, and must be constructed, maintained and operated so as to comply with the applicable provisions of Part 6 of this Title.

(b) Aquatic facilities operated by a person other than the temporary residence operator shall require a separate permit to operate in accordance with Part 6 of this Title.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.13 - Campsites

7-1.13 Campsites

Campsites at a temporary residence shall meet the requirements of Subpart 7-3 of this Title

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.14 - Electrical safety

7-1.14 Electrical safety.

The electrical service, wiring and fixtures shall be in good repair and safe condition. Where conditions indicate a need for inspection, the electrical service and wiring shall be inspected by a qualified electrical inspector, and a copy of the inspection report and certificate of approval submitted to the permit-issuing official.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.15 - Housing maintenance

7-1.15 Housing maintenance.

A temporary residence shall be structurally sound, safe, adequately illuminated and ventilated, clean and adequately maintained, free from health and safety hazards, adequate in size for its use, and have weathertight roof and sides. Adequate toilet and handwashing facilities shall be provided and maintained.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.16 - Hazardous materials

7-1.16 Hazardous materials.

Agricultural, commercial or household pesticides, flammable or volatile liquids and toxic chemicals shall be stored in their original or approved containers, in areas designated for their use. Storage shall be in a manner that prevents air, surface or ground water contamination and is not hazardous to facility occupants and/or the general public. Such storage shall be in compliance with applicable requirements.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.17 - Vector and vermin control

7-1.17 Vector and vermin control.

The premises must be free of insect and rodent infestations that may cause a nuisance or hazard.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.18 - Linens and bedding

7-1.18 Linens and bedding

Every guest room shall be provided with an adequate supply of clean towels, sheets and pillowcases that are changed on a regular schedule, not to exceed one week between changes, except at facilities where housekeeping is the responsibility of the occupant.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-1.19 - Refuse storage and disposal

7-1.19 Refuse storage and disposal.

Adequate facilities shall be provided and maintained for the storage, handling and disposal of refuse, to prevent nuisance conditions, insect and rodent infestation and contamination of air and water.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

SubPart 7-2 - Children's Camps

Effective Date: 
Wednesday, June 22, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sections 225, 1390, 1395, 1399-a

Section 7-2.1 - Enforcement; public health hazards and other violations

Section 7-2.1 Enforcement; public health hazards and other violations. (a) Enforcement. The enforcement procedures delineated in sections 12, 12-a, 16, 206, 225, 308, 309, 348, 373, 1308, 1393, and 1395 of the Public Health Law shall be followed where the permit-issuing official or his representative determines that closing of a children's camp is necessary to protect the public health or safety of the occupants of the camp. Where a public health hazard is found on the property, the building or portion of the property constituting the hazard shall be placarded against occupancy until the hazard is corrected. The closure provisions of Part 14 of this Title shall be utilized for public health hazards occurring in food service facilities. When a placard is used to protect the occupants from a public health hazard, it shall be conspicuously posted at each entrance or walkway leading to the portion of the property that constitutes the hazard. The placard shall state the authority for its placement and indicate that concealment, mutilation, alteration or removal of it by any person without permission of the permit-issuing official shall constitute a violation of this Chapter and the Public Health Law. The permit-issuing official or his representative shall inspect the premises within three working days of posting the placard to assure compliance with terms of the order, and shall inspect the premises within two working days of notification that the hazard has been eliminated to remove them after verifying the correction.

(b) Public health hazards.

(1) A public health hazard is any condition which could be expected to be responsible for illness, physical injury or death.

(2) Any of the following violations are public health hazards which require the permit-issuing official or his designated representative to order immediate correction or to immediately institute action as provided in the law and in this Subpart:

(i) supervision of children is not in accordance with the supervisory or personnel qualification standards prescribed in sections 7-2.5, 7-2.11 and 7-2.25 of this Subpart resulting in a child not being protected from any unreasonable risk to his or her health or safety;

(ii) on-site potable water system serving the children's camp contains contaminants in excess of the maximum contaminant levels prescribed in Part 5 of this Title or Section 7-2.6(e) of this Subpart;

(iii) use of an unapproved or contaminated water supply source;

(iv) treatment of the water system, required for disinfection or removal of contaminants, is not continuous;

(v) disinfection which is inadequate to destroy harmful microorganisms or to maintain a specified chlorine residual;

(vi) presence of cross connections or other faults in the water distribution or plumbing systems which result, or may result, in the contamination of the potable water supply.

(vii) insufficient quantity of water to meet drinking or sanitary demands.

(viii) sewage on the ground surface in areas accessible to children or which may contaminate food or pollute a source of water supply or a bathing beach;

(ix) implementation of the medical requirements of the camp safety plan not under the supervision of a camp health director; at Camps for Children with Developmental Disabilities, as defined in section 7-2.2(d-1) of this Subpart, medication is not under the supervision of licensed or certified personnel;

(x) passengers transported in the bed of a truck or trailer or in any other portion of a vehicle that is not designed for passenger occupancy; children transported without counselor supervision in a vehicle;

(xi) camp swimming pool or bathing beach not under the direct supervision of the camp aquatics director or his assistant;

(xii) allowing swimming or incidental water immersion which is not in accordance with 7-2.11(a)(1), 7-2.11(a)(5)(iii) or 7-2.11(j) of this Subpart;

(xiii) minimum safety equipment in Part 6 of this Title not provided at the waterfront or swimming pool. Depth markings not provided at a swimming pool or a bathing beach as required by Part 6 of this Title;

(xiv) failure to provide fencing or other security during nonuse of a pool;

(xv) failure to use personal flotation equipment during boating or other waterfront activities;

(xvi) failure to establish and enforce the Buddy System and Board System or other method generally accepted as providing a similar or equivalent level of bather safety during swim periods;

(xvii) permitting diving in hazardous areas;

(xviii) failure to restrict non-swimmers to water less than chest deep except as allowed under Subdivision 7-2.11(a);

(xix) riflery conducted without adequate supervision or on a range hazardous to campers or the general public;

(xx) archery or horseback riding not under the direction of competent instructors with equipment and facilities installed and maintained to eliminate hazards;

(xxi) overcrowding of sleeping quarters resulting in inadequate spacing of bunks or in blockage of fire exits; failure to supervise children in sleeping quarters;

(xxii) failure to provide two fire exits where required or blockage of a required fire exit by locking or other obstruction;

(xxiii) failure to provide a fire alarm system in multi-story buildings;

(xxiv) installation of stoves or heating equipment constituting a fire hazard or inadequate venting of fumes;

(xxv) failure to properly store flammable liquids and toxic substances;

(xxvi) failure to maintain firefighting equipment in working order; (xxvii) failure to implement the camp safety plan resulting in a child not being protected from any unreasonable risk to his or her safety; or

(xxviii) any other item deemed to be a public health hazard by the permit-issuing official under this Subpart or Part 5, 6 or 14 of the Sanitary Code.

(c) Other violations. Violations of other sections of this Subpart or of other Parts of this Chapter are also subject to a penalty upon conviction.

Effective Date: 
Wednesday, June 22, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 225

Section 7-2.2 - Definitions

7-2.2 Definitions.

(a) Summer day campshall mean a property consisting of a tract of land and any tents, vehicles, buildings, or other structures that may be pertinent to its use, any part of which may be occupied on a scheduled basis at any time between June 1 and September 15 in any year by children under 16 years of age, under general supervision, for the purpose of indoor or outdoor organized group activities, involving two or more activities of which at least one is a nonpassive recreational activity with significant risk of injury, as defined in subdivision 7-2.2(l) of this Subpart, for a period of less than 24 hours on any day the property is so occupied and/or which no provisions are made for overnight occupancy by such children.

(b) A traveling summerday camp shall mean a summer day camp which regularly operates in a period between May 15th and September 15th, and which regularly transports children under 16 years of age on a regular schedule to a facility, site or property, including any tract of land, beach, park, stadium, building, tents or other structures pertinent to its use and primarily for the purpose of organized group activity.

(c) A children's overnight campshall mean a property consisting of a tract of land and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied by persons under 18 years of age for the purpose of outdoor or indoor organized activities and on which provisions are made for overnight occupancy of children.

(d) A developmental disabilityis a severe, chronic disability of a person which is attributable to mental retardation, cerebral palsy, epilepsy, autism or neurological impairment, or is attributable to any other condition of a person similar to mental retardation, cerebral palsy, epilepsy, autism or neurological impairment because such condition results in similar impairment of general intellectual functioning and/or adaptive behavior and requires treatment and services similar to those required for such persons; originates before 18; is likely to continue indefinitely.

(d-1) Camp for Children with Developmental Disabilities shall mean a children’s camp with 20% or more enrollment of campers with a developmental disability as defined by subdivision (d) of this section.

(e) Uniform Codeshall mean the 19 NYCRR Chapter XXXIII, Subchapter A-State Uniform Fire Prevention and Building Code.

(f) Potable water shall mean water used for human consumption, food preparation, handwashing, culinary, bathing or laundry purposes.

(g) A camp trip shall mean times when campers and staff are off camp property, except camp trips shall not include travel off camp property for medical or dental appointments, or travel to a store to purchase personal items, by a group of 5 or fewer campers accompanied by staff.

(h) A wilderness swimming site shall mean a remote beach site which is established for temporary use by a children’s camp for the purpose of swimming at a location that is not readily accessible for inspection by the camp’s permit issuing official.

(i) Incidental water immersion shall mean intentional entry into a body of water for a purpose, other than swimming, which is ancillary to the primary activity being conducted. Such immersion including partial immersion shall include but not be limited to stream crossing or entering water for personal hygiene, but shall exclude boating, water skiing, sail boarding and similar water sports where participants wear U.S. Coast Guard approved lifejackets.

(j) Aquatic amusement park activities shall include but not be limited to lazy rivers, activity pools, wave pools and water slides where patrons are partially or totally immersed in water.

(k) Adequate shall mean sufficient to accomplish the purpose for which something is intended and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted, or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Subpart.

(l) Nonpassive recreational activities with significant risk of injury are those that pose a significant risk of traumatic brain injury, injury to neck or spine, bone fractures or dislocations, lacerations requiring treatment to close, second or third degree burns to 5% or more of the body, loss of vision, or death. These may include diving, boating, horseback riding, rock climbing, shooting sports and other activities determined by the State Department of Health based on such characteristics as height, speed, water depth, physical contact with another participant or object, and/or use of equipment associated with the activity.

(m) Acceptable training in first aid shall mean certification in a first aid training program determined by the State Department of Health to provide the knowledge and skills necessary to sustain life from injury and sudden illness, which are likely to occur at children’s camps. A training program shall include but not be limited to instruction about traumatic brain injury, injury to the neck or spine, bone fractures and dislocations, lacerations, burns; injury to the eye, and medical emergencies such as allergic reactions, seizures, strokes, shock, cardiac and diabetic emergencies, poisoning and heat related illness. A sufficient time shall be provided to cover all topics. First aid certificates shall be valid as specified by the provider, but shall not exceed three years from the date of course completion.

(n) Acceptable training in cardiopulmonary resuscitation (CPR) shall mean a CPR training program determined by the State Department of Health to provide an adequate level of knowledge and skills necessary to perform two rescuer CPR skills for all ages (infant, child, and adult). A sufficient time shall be provided to cover all topics. CPR certificates shall be valid as specified by the provider, but shall not exceed one year from the date of course completion.

Effective Date: 
Wednesday, June 22, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 225

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

Section 7-2.4 - Permit

7-2.4 Permit. (a) No person shall operate a children's camp, or cause or allow the same to be operated, without a permit from the permit-issuing official.

(b) The permit-issuing official is the State Health Commissioner or his designee and those persons defined as officers in subdivision 4 of section 1392 of the Public Health Law.

(c) Application for a permit to operate a children's camp shall be made by the operator to the permit-issuing official at least 60 days before the first day of operation. Such applications shall:

(1) include a written camp safety plan, as defined in subdivision 7-2.5(n) of this Subpart, which accurately describes the camp's medical, fire safety and general safety provisions, training provided to camp staff and the orientation for campers. The plan must be reviewed annually by the camp operator and updated as required to maintain compliance with current standards. Plans that are updated must be submitted to the permit-issuing official. In any year in which an update is not required, the camp operator must submit written affirmation to the permit-issuing official that the approved plan remains up-to-date and complete; and

(2) be filed when the name, ownership or operator of the camp is changed.

(d) The permit-issuing official shall issue a permit if the children's camp conforms or will conform at the time of operation to the requirements of this Subpart and will not present a danger to the health and safety of the camp occupants. An applicant's past history of compliance or non-compliance will be a consideration in evaluating each of the previously mentioned criteria. The person to whom the permit is issued shall comply with this Subpart and with all conditions stated in the permit and shall allow the permit-issuing official or his representative to enter the premises to ascertain compliance. The permit-issuing official may, at his discretion, deem either of the following an inspection of the facility to ascertain that the camp conforms or will conform with the requirements of this Subpart at the time of operation:

(1) the permit-issuing official or his representative has inspected the facility and determined that it conforms or will conform with the requirements of this Subpart; or

(2) the camp meets the following conditions:

(i) the permit-issuing official has determined it has previously operated in a manner sufficient to assure that no unreasonable risk to the health and safety of the camp attendees occurred; and

(ii) the operator has submitted a completed and certified self-inspection of the camp as directed by the State Health Commissioner.

(e) Effective until March 31, 2011, the fee for a permit is $100. Municipal operations and organizations for charitable, philanthropic or religious purposes are exempt from this fee. Effective April 1, 2011, the fee for a permit is $200. Municipal operations and organizations for charitable, philanthropic or religious purposes are exempt from this fee.

(f) A permit shall not be transferable or assignable. It shall be posted in a conspicuous place on the premises.

(g) A permit may be denied, revoked or suspended by the permit-issuing official or the State Commissioner of Health if the children's camp is maintained, operated or occupied in violation of the Public Health Law or this Chapter. Before denial, suspension or revocation of a permit, or after receipt of a notice of violation, the permittee shall have the right to appeal to the permit-issuing official, except that when a public health hazard exists, a permit may be temporarily suspended pending a hearing. A permit will also be revoked upon request of the operator or upon abandonment of the camp. Following the revocation, an application shall be filed for a new permit before resumption of operation.

(h) A permit shall expire one year from the date of issuance, at the close of a camp's normal operating season, upon a change of the operator, a date stipulated by the permit-issuing official, or upon revocation. No permit shall expire during the camping period except by revocation.

(i) A separate permit shall not be required for a bathing beach, swimming pool or food service operated as part of a children's camp for which a permit is required under this Subpart.

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

Section 7-2.5 - Personnel, supervision and camp safety plan

7-2.5 Personnel, supervision and camp safety plan. (a) Each children's camp shall have a camp director, who may also be the camp operator, responsible for supervising the camp program. Minimum qualifications shall be:

(1) bachelor's degree, or at least 25 years of age for an overnight camp and 21 years for a summer day or traveling summer day camp;

(2) at least 24 weeks of previous administrative or supervisory experience in camping or equivalent experience acceptable to the State Commissioner of Health;

(3) a notification from the Department of Social Services State Central Register of Abuse and Maltreatment that the director has not been subject of an investigation report; and

(4) the submission of a form entitled Prospective Children's Camp Director Certified Statement Relative to the Conviction of a Crime or the Existence of a Pending Criminal Action, as developed by the commissioner, and a determination by the local permit-issuing official that the camp director has no criminal conviction record for which:

(i) there is a direct relationship between one or more of the criminal offenses and the applicant's employment as a camp director; and

(ii) employment as a camp director would involve an unreasonable risk to the property or to the safety or welfare of camp participants or the general public.

(b) Counselors shall be at least 18 years of age at a children's overnight camp, and at least 16 years of age at a summer day or traveling summer day camp, and may include both specialty and general counselors. In addition, the counselor shall either have experience in camping and supervision of children, or have completed a training course acceptable to the permit-issuing official. It shall be the responsibility of the camp operator to verify a prospective counselor's background and character through reasonable and diligent inquiries, including but not limited to character references submitted.

(1) During passive activities the ratio of counselors to campers shall be no greater than 1:25. A passive activity is defined as an activity which takes place in a defined area, where participants are spectators or have limited mobility and use no tools or equipment (other than computers). Examples of passive activities include, but are not limited to: religious instruction, storytelling, coloring, viewing movies or drama, singing and board games. The camp's passive activities must be described in the camp's approved safety plan. Supervision ratios must be reinstated to the code required level at the conclusion of the passive activity.

(c) At an overnight camp, unless specified otherwise in section 7-2.11 of this Subpart for specialty activities and trips, the ratio of counselors to children eight years of age and over shall be 1:10; for children younger than eight years of age, the ratio shall be 1:8; a maximum of 20 percent of the total required counselors may be 17 years of age.

(1) During the hours campers are resting or sleeping, the supervision ratio may be modified based on the arrangement, size and location of the sleeping area(s) and potential for visual and/or verbal supervision, to a level accepted by the permit-issuing official and described in the camp's approved safety plan; provided in all circumstances that:

(i) supervision is adequate to protect the campers from any unreasonable risk to their health or safety; and

(ii) at least one counselor is present on every level used for resting or sleeping in a multi-story building. Supervision ratios must be reinstated to the code required level at the conclusion of the resting or sleeping period.

(d) At a summer day or traveling summer day camp, the general ratio of counselors to children shall be 1:12. Counselor-to-camper ratios as indicated in Section 7-2.11 of this Subpart for specialty activities and trips must be met at all times during such specialty activities. The permit-issuing official may be more restrictive in specifying counselor-to-camper ratios if such official deems it reasonable and necessary for camper safety.

(e) Camp aquatics director – A camp aquatics director shall oversee all swimming activities that occur at swimming pools and bathing beaches operated as part of a children's camp. This person shall supervise lifeguards, progressive swimming instructors, and counselors with bather supervision responsibilities during swimming activities; and implement the camp safety plan. The camp aquatics director shall:

(1) be at least 21 years of age;

(2) have a minimum of:

(i) one season of previous experience as a camp aquatics director at a New York State children's camp; or

(ii) two seasons of previous experience consisting cumulatively of at least 12 weeks as a children's camp lifeguard, as specified in subdivision (g) of this section, at a swimming pool or bathing beach which had more than one lifeguard supervising it at a time; or

(iii) at least 18 weeks of previous experience as a lifeguard, as specified in paragraph (g)(2) of this section, at a swimming pool or bathing beach which had more than one lifeguard supervising it at a time;

(3) effective until December 31, 2011 possess current certification:

(i) as a progressive swimming instructor, as defined in subdivision (f) of this section; or

(ii) as a qualified lifeguard, as defined in subdivision (g) of this section, possessing lifeguard certification specific to the type of bathing facility at the children's camp; or

(iii) in a training course for lifeguard supervision and management that meets the requirements specified in Part 6 Section 6-1.31(e) or Section 6-2.20(e) of this title.

(4) effective January 1, 2012 have successfully completed a training course in lifeguard supervision and management that meets the requirements specified in Part 6 Section 6-1.31(e) or Section 6-2.20(e) of this title;

(5) have annually reviewed and documented the review of the camp’s safety plan for swimming; and

(6) possess a current certificate in an acceptable cardiopulmonary resuscitation (CPR) training program as defined in subdivision 7-2.2(n) of this Subpart.

(f) Progressive swimming instructor - As described in the camp's approved safety plan, a progressive swimming instructor must assess the swimming ability of each camper prior to allowing the child to participate in aquatic activities. A progressive swimming instructor must be either:

(1) a Water Safety Instructor currently certified by the ARC; or

(2) possess a current certificate issued by a certifying agency determined by the State Commissioner of Health to provide an adequate level of similar training.

(g) Qualified lifeguard - Qualified lifeguards shall actively supervise participants in the camp's aquatic activities, as detailed in the camp's approved safety plan. While on duty at the waterfront, qualified lifeguards shall not be engaged in duties or activities which distract them from the direct supervision of the waterfront. A qualified lifeguard shall:

(1) be at least 17 years of age, except:

(i) for a maximum of 50 percent of the required total number of lifeguards on-duty who may be at least 16 years of age; and

(ii) lifeguards required for wilderness swimming who must be at least 18 years of age; and

(2) meet lifeguarding, first aid and CPR certification requirements as detailed in Part 6 of this Title:

 

BATHING FACILITY TYPE MINIMUM LIFEGUARD SUPERVISION LEVEL
Ocean Surf Supervision Level I
Pool Only Supervision Level IIa
Pool and/or Beach Supervision Level IIb

 

(h) Trip leader - A trip leader shall be at least 18 years of age and have participated in at least three camp trips in a similar program activity as a children's camp staff member or have experience and training in the activity which the permit-issuing official has determined to be equivalent to three camp trips. Trip leaders for wilderness, equestrian, boating and similar specialized activities shall be competent in the activity. A trip leader of a camp trip with an itinerary that includes an activity where emergency medical care is not readily available and/or an activity such as wilderness hiking, camping, rock climbing, horseback riding, bicycling, swimming and/or boating, shall possess or be accompanied by staff who possesses a current certificate in an acceptable first aid training program as defined in subdivision 7-2.2(m) of this Subpart, and a current certificate in an acceptable cardiopulmonary resuscitation (CPR) training program as defined in subdivision 7-2.2(n) of this Subpart.

(i) Activity leader. An activity leader shall be competent in the activity being conducted. Activity leaders of an activity that includes wilderness hiking, camping, rock climbing, horseback riding, bicycling, swimming and/or boating shall be at least 18 years of age. When a camp activity is conducted at a location where the camp staff certified in first aid and CPR in accordance with Subdivision 7-2.8(a) are not readily available, an activity leader shall possess or be accompanied by staff who possesses a current certificate in an acceptable first aid training program as defined in subdivision 7-2.2(m) of this Subpart, and a current certificate in an acceptable cardiopulmonary resuscitation (CPR) training program as defined in subdivision 7-2.2(n) of this Subpart.

(j) Riflery instructors shall have a current Instructor's certificate issued by the National Rifle Association or its equivalent generally accepted as providing a similar or equivalent level of riflery skill.

(k) Counselor-in-training (CIT). A CIT or Junior Counselor is a camper who is assigned to an on-duty counselor or other staff member to assist, as described in the camp's approved safety plan, in performing specific duties. A CIT may not independently supervise campers, and shall be supervised as a camper. All CITs shall receive training specific to their duties, and camper orientation. A maximum of 10 percent of the total number of counselors required by subdivisions (c) and (d) of this section may be CITs, provided:

(1) CITs at a children's overnight camp are at least 16 years of age and have at least two seasons prior experience as a camper; and

(2) CITs at a summer day or traveling summer day camp are at least 15 years of age and have at least two seasons prior experience as a camper.

(l) Records identifying staff qualifications shall be maintained in the camp for inspection by the permit-issuing official or his designated representative. The camp operator shall ascertain whether an employee or volunteer is listed on the New York State Division of Criminal Justice Services (DCJS) Sex Offender Registry prior to the day such employee or volunteer commences work at camp and annually thereafter prior to their arrival at camp. A written record of the employee and volunteer names that were submitted to the DCJS for checking against the Sex Offender Registry and DCJS's search results shall be kept on file at the site and made available to the permit-issuing official upon request.

(m) No individual known to be a carrier of a communicable disease shall be employed at a children's camp.

(n) Camp safety plan. The camp operator must develop, review annually and update, as required, a camp safety plan, which shall be submitted for review and approval to the permit-issuing official as described in paragraph 7-2.4(c)(1) of this Subpart. A camp safety plan shall be considered satisfactory for approval when it is found to include all the information required in this section and accurately reflects the children's camp's compliance with this Subpart. The camp's approved safety plan shall be implemented by the camp operator and kept on file at the children's camp. The camp safety plan shall consist of, at a minimum, a table of contents and the following components:

(1) personnel: chain of command; staff job descriptions; and a procedure for verification of staff qualifications;

(2) facility operation and maintenance: water supply; sewage treatment system; lightning risk assessment; transportation; housing; grounds; food protection; and waterfront physical facility maintenance (if on-site aquatic activities are provided);

(3) fire safety: evacuation of buildings and property, assembly, supervision, and accounting for campers and staff; fire prevention; coordination with local fire officials; fire alarm and detection systems and their operation, maintenance, and routine testing; type, location and maintenance of fire extinguishers; inspection and maintenance of exits; required fire drills and log; electrical safety; and reporting to the permit-issuing official within 24 hours fires which destroy or damage any camp building, or which result in notification of the fire department, or are life or health threatening. A copy of this segment of the approved camp safety plan must be submitted to the local fire district or department;

(4) medical requirements: review of camper confidential medical histories to address restrictions and special needs; initial health screening of campers; daily health surveillance of campers; procedures for providing basic first aid, handling medical emergencies, including outbreaks and procedures for response to allegations of child abuse; identification of and provisions for medical, nursing and emergency medical services; identity, qualifications and outline of duties of health director and health personnel certified in first aid and CPR; description of health center; storage and administration of medicines; location and use of first aid and CPR supplies; maintenance of a medical log; description of universal precautions for bloodborne pathogens; reporting of illness and injuries, including camper abuse/allegations to the permit-issuing official within 24 hours; and provisions to supervise sanitation at the children's camp;

(5) general and activity specific safety: description of the required camper supervision, including general supervision, between activities, for passive activities, during sleeping and rest hours, transportation and for emergencies. Safety requirements and supervision must be discussed for specific camper activities, including but not limited to, swimming, boating, horseback riding, rope or challenge courses, archery, riflery, camp trips, wilderness activities and any activity in which incidental water immersion occurs;

(6) staff training: training curriculum outline; tour of camp; description of camp hazards; chain of command; procedures for camper supervision and discipline; child abuse recognition and reporting; provisions for first aid and emergency medical assistance; reporting of camper injury and illness; buddy system; lost swimmer plan (if camp has an aquatics program); lost camper plan, lightning plan, fire safety and fire drills; camp evacuation procedures; activity specific training for assigned activities; camp trips (if provided); and process to document training attendance; and

(7) camper orientation: orientation curriculum outline; tour of camp; description of camp hazards; reporting illness, injury and other incidents; buddy system; lost camper plan; fire drills and evacuation; lightning plan; camp trips; and process to document orientation attendance.

(o) The camp operator shall provide adequate supervision. Adequate supervision shall mean:

(1) supervision such that a camper is protected from any unreasonable risk to his or her health or safety, including physical or sexual abuse or any public health hazard; and

(2) as a minimum, there shall exist visual or verbal communications capabilities between camper and counselor during activities and a method of accounting for the camper's whereabouts at all times.

(p) The camp operator shall provide, with any enrollment application forms and/or enrollment contract forms mailed or delivered to a person for purposes of enrollment of a child for any children's camp, a written statement and/or brochure outlining the rights and responsibilities of campers and camp operators and declaring:

(1) that such camp is required to be permitted to operate by the New York State Department of Health;

(2) that such camp is required to be inspected twice yearly; and

(3) the address where inspection reports concerning such camps are filed.

Effective Date: 
Wednesday, June 22, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 225

Section 7-2.6 - Potable water

7-2.6 Potable water.

(a) All on-site potable water supplies shall comply with the provisions of this section and, in addition, those on-site water systems meeting the definition of a public water system as defined in Subpart 5-1 of Part 5 of this Title, shall also comply with the requirements of Subpart 5-1.

(b) A children’s camp that utilizes an off-site public water supply must comply with Subdivisions (i) through Subdivision (n) of this Section and, when determined necessary to ensure the satisfactory quality of the potable water, the permit-issuing official may require a children’s camp operator to implement the annual start-up procedure contain in Subdivision (d) of this Section.

(c) Treatment.

(1) Minimum treatment for a ground water source shall be disinfection by chlorination in a manner which destroys harmful microorganisms or other disinfection methods acceptable to the permit-issuing official.

(2) For facilities utilizing disinfection by chlorination, the free chlorine residual disinfection concentration in the water distribution system shall be at least 0.2 milligrams per liter (mg/l).

(3) Minimum treatment for surface water sources or ground water sources directly
influenced by surface water shall be filtration and disinfection techniques, approved by the permit issuing official, capable of 99.9 percent removal and/or inactivation of giardia lamblia cysts and 99.99 percent removal and/or inactivation of viruses.

(4) A waiver from disinfection shall not be permitted.

(d) Annual start-up. The children’s camp operator must ensure that the following actions have been taken 15 days prior to the property’s occupancy for which the water supply is utilized each year. The following applies to each on-site potable water system that is not subject to continuous water use and to each children’s camp potable water supply distribution system, which receives water from an off-site public water system and is not subject to continuous water use, when due to the seasonal use of the water system, the water may be hazardous to health:

(1) All water mains shall be disinfected by:

(i) completely filling the main to remove all air pockets, flushing the main to remove particulates, and filling the main with potable water. The potable water shall then be chlorinated by feeding liquid hypochlorite at a constant rate such that the water will not have less than a 25 mg/l free chlorine residual throughout the children’s camp water system. After a 24-hour holding period there must be a free chlorine residual of not less than 10 mg/l throughout the children’s camp water system; or

(ii) using a disinfection method the State Commissioner of Health has determined in writing to be as protective as the disinfection procedure described in Section 7-2.6(d)(1)(i).

(2) All water mains shall be flushed and free chlorine residual disinfection concentrations shall be measured for the two days immediately following the completion of the main disinfection, as prescribed in Subdivision (d)(1) of this Section, at representative points in the distribution system, to ensure chlorine residuals of not less than 0.2 mg/l.

(3) Total Coliform samples shall be collected in accordance with Subdivision (f)(1) of this Section following the two day flushing and chlorine monitoring period prescribed by Subdivision (d)(2) of this Section and when a free chlorine residual of not more than 4.0 mg/l is present.

(e) Maximum contaminant levels (MCL):
 

Contaminant
MCL
Total Coliform
Escherichia Coli (E. Coli)
Any positive sample
Any positive sample
Nitrate
Nitrite
Total Nitrate and Nitrite
10 (as Nitrogen) mg/L
1 (as Nitrogen) mg/L
10 (as Nitrogen)mg/L

(f) Monitoring requirements. Samples shall be collected from each water source at a representative point in the distribution system for each source and analyzed at a laboratory certified by New York State Department of Health as follows:

(1) At least one sample collected for Total Coliform analysis from each water source prior to opening for the operating season and at least one additional sample collected from each water source during the operating season. For those children’s camps operating more than 30 days in a calendar year, Total Coliform samples shall be collected for each month the camp is in operation. When a water supply serving a children’s camp is operated continuously year round with Total Coliform analysis performed monthly, the Total Coliform analysis prior to the children’s camp’s operation is not required.

(2) Nitrate and nitrite analysis shall be conducted for new water sources. Nitrate analysis shall be conducted annually for each system.

(3) Additional monitoring may be required when determined by the permit-issuing official as necessary to evaluate water quality.

(4) The camp operator must report sample results that are positive for Total Coliform or Escherichia Coli to the permit-issuing official as soon as possible but no later than 24 hours of being notified by the laboratory. Pre-operational water analysis reports must be submitted to the permit-issuing official prior to permit issuance. All other water analysis reports required to be made by this Subpart or requested or ordered by the permit-issuing official shall be submitted to the permit-issuing official within 10 days of the end of each month in which samples were collected.

(g) Report on water treatment. Accurate and complete water treatment operation reports shall be maintained daily and submitted to the permit-issuing official within 10 days of the end of each month of operation. Reports must be made on forms provided or approved by the Department.

(h) Source protection. All potable water sources and distribution systems shall be designed, located, constructed and maintained to provide protection against contamination or pollution. All pumps, piping fixtures and appurtenances shall be installed and maintained to protect against contamination of any water source.

(i) Submission of plans; prior approval.

(1) A plan for proposed new or modified potable water supply systems shall be submitted to the permit-issuing official at least 60 days prior to beginning construction. No construction of new or modified potable water supply systems shall commence until plans and specifications have been submitted to and approved by the permit-issuing official. Construction shall be in accordance with the approved plans.

(2) Recommended Standards for Water Works, (See Appendix 5-A, infra) 1997 edition published by Health Research, Inc., P.O. Box 7126, Albany, NY 12224 available for public inspection at the offices of the records access officer of the New York State Department of Health, Empire State Plaza, Corning Tower, Albany, NY 12237, shall, in their entirety, be the basis on which all plans and specifications for children's camp water systems will be reviewed and approved. The permit-issuing official may allow deviations from these standards when it can be shown that the deviations will provide adequate protection of the health and safety of the children's camp occupants and public.

(j) Minimum standards. Potable water shall be adequate in quantity and quality as set forth in this Subpart and shall be readily available to occupants of the children’s camp. Only potable water shall be easily accessible. Any non-potable water supply shall be conspicuously labeled as a non-potable supply.

(k) Connections prohibited. There shall be no physical connection between the potable water supply and any non-potable water supply. Any fixture, installation or equipment which is subject to back-siphonage shall be installed and maintained to protect against contamination of the water source(s).

(l) A minimum pressure of 20 pounds per square inch, at peak demand, shall be maintained in all parts of the children’s camp water distribution system.

(m) Interruptions, changes in sources or treatments. Any incident or condition which affects the quantity or quality of the on-site potable water supply shall be reported to the permit-issuing official within 24 hours of occurrence. There shall be no changes made to the source or method of treatment of a potable water supply, either temporary or permanent, without first receiving approval from the permit-issuing official. An adequate supply of potable water must be provided and maintained during all times of operation.

(n) A common drinking utensil shall not be provided. Drinking fountains shall be of sanitary design and construction.

Effective Date: 
Wednesday, September 29, 2004
Doc Status: 
Complete

Section 7-2.7 - Sewage disposal

7-2.7 Sewage disposal.

(a) Sewage shall mean excreta and the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

(b) Facilities shall be provided and maintained for the treatment and/or disposal of sewage in a manner acceptable to the permit-issuing official. A plan or sketch of the proposed or modified facility shall be submitted to the permit-issuing official at least 30 days prior to construction; no work is to start until the plan or sketch is approved.

(c) Sewage on the surface of the ground or accessible to children is prohibited.
 

Effective Date: 
Friday, September 1, 1978
Doc Status: 
Complete

Section 7-2.8 - Medical requirements

7-2.8 Medical requirements. (a) Health personnel. The camp operator shall submit the name of the designated camp health director to supervise health and sanitation. Such director may be a physician, nurse practitioner, physician assistant, registered nurse, licensed practical nurse, emergency medical technician, or other person acceptable to the permit-issuing official. At a children's overnight camp, the camp health director shall be on-site. At a summer day camp or traveling summer day camp, the camp health director shall be available as specified in the camp's approved safety plan. If not on-site, the camp health director shall designate an assistant as specified in the camp's approved safety plan.

(1) Camp health director. The camp health director or designee(s) shall possess:

(i) a current certificate in an acceptable first aid training program as defined in subdivision 7-2.2(m) of this Subpart; and

(ii) a current certificate in an acceptable cardiopulmonary resuscitation (CPR) training program as defined in subdivision 7-2.2(n) of this Subpart.

(2) Additional First Aid and CPR Certified Staff - First aid and CPR certified staff shall be on-site to respond to medical emergencies and assist the camp health director, as detailed in the camp's approved safety plan. Staff possessing current certifications in first aid and CPR, as described in paragraph (1) of this subdivision, shall be available as follows:

(i) At a children's overnight camp, in addition to the camp health director or designee(s) possessing these certifications:

(a) one staff member for each 200 campers shall possess a current first aid certificate, and

(b) one staff member for each 200 campers shall possess a current CPR certificate. Where a camp's qualified aquatics staff remain on-site and are available to respond to emergencies, they may be counted toward meeting this CPR requirement.

(ii) At a summer day camp or a traveling summer day camp:

(a) one on-site staff member for each 200 campers shall possess a current first aid certificate. The first aid certified camp health director or designee may be counted toward meeting this first aid requirement. If only one first aid certified staff member is required, and this person is absent, a similarly certified first aid certified staff member shall be on-site to meet this first aid requirement.

(b) In addition to the camp health director or designee, one staff member for each 200 campers shall possess a current CPR certificate. Where a camp's qualified aquatics staff remain on-site and are available to respond to emergencies, they may be counted toward meeting this CPR requirement.

 

(b) An overnight camp shall be provided with an infirmary having hot and cold flowing water, examining room, isolation and convalescent space, bathroom with flush toilets and showers and medical supplies or have alternate provisions for infirmary services included in the camp safety plan. Summer day camps and children's travel summer day camps shall provide a holding area reasonably satisfactory to the permit-issuing official for all ill or injured children.

 

(c)(1) A current confidential medical history, including the child's immunization record which shall include immunization dates against diphtheria, haemophilus influenza type b, hepatitis b, measles, mumps, poliomyelitis, rubella, tetanus and varicella (chicken pox), shall be kept on file for every camper and updated annually. The camper's and staff's family or other responsible person's name, address and telephone to contact during an emergency shall be kept on file.

(2) An overnight camp shall provide parents/guardians of campers attending camp for seven or more consecutive nights with written information about meningococcal meningitis and with a copy of an immunization response form that has been approved by the State Commissioner of Health.

 

(i) The written information must include:

(a) a description of meningococcal meningitis and means of transmission;

(b) the benefits, risks and effectiveness of immunization; and

(c) the availability and estimated cost of immunization, including an indication of whether or not the camp offers meningococcal meningitis immunization services.

(ii) The immunization response form must be submitted annually, kept on file at camp, document that the parent/guardian has received and reviewed the meningococcal meningitis information and certifies that either:

(a) the camper has been immunized against meningococcal meningitis within the past ten years, or

(b) the parent or guardian understands the risk of meningococcal meningitis and the benefits of immunization, and has decided that the camper will not obtain immunization against meningococcal meningitis.

 

(d) All camper and staff injuries, illnesses and reportable diseases shall be reported to the camp health director and recorded in the medical log. All camper and staff injuries or illnesses which result in death or which require resuscitation, admission to a hospital or the administration of epinephrine, camper and staff exposures to animals potentially infected with rabies, camper injuries to the eye, head, neck or spine which require referral to a hospital or other facility for medical treatment, camper injuries where the victim sustains second or third degree burns to five percent or more of the body, camper injuries which involve bone fractures or dislocations, camper lacerations requiring sutures, camper physical or sexual abuse allegations and all camper and staff illnesses suspected of being water-, food-, or air-borne, or spread by contact shall be reported within 24 hours to the permit-issuing official. Any camper or staff member suspected of having a communicable disease shall be suitably isolated.

 

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

Section 7-2.9 - Toilets, privies, lavatories, showers

7-2.9 Toilets, privies, lavatories, showers. (a) No privy shall be located within 50 feet of any sleeping room, dining room, mess hall or kitchen.

(b) The following facilities shall be provided within 200 feet of the sleeping quarters:

(1) one toilet or privy seat for each 15 males or less, plus one urinal for each 30 males or less;

(2) one toilet or privy seat for each 15 females or less;

(3) at least one lavatory with water under pressure for each 20 occupants or less, or other handwashing facilities acceptable to the permit-issuing official.

(c) Showers with water under pressure heated to between 110 and 120 degrees Fahrenheit, and one shower head for each 20 occupants or less, shall be provided.

(d) At summer day and traveling summer day camps only, the availability and ratio of toilet or privy seats, urinals and lavatories per camper shall be reasonably satisfactory to the permit-issuing official. Showers are not required.

Effective Date: 
Wednesday, June 22, 2016
Doc Status: 
Complete
Statutory Authority: 
PHL, Section 225

Section 7-2.10 - Transportation

7-2.10 Transportation.

(a) Passengers shall only be transported in portions of vehicles that are designed for passenger occupancy. Transportation in the bed of a truck or trailer shall be prohibited.

(b) There shall be at least one counselor in any vehicle transporting children, who may also be the driver.

(c) Every vehicle used for transporting staff or campers shall have required registration and inspection stickers and be equipped with at least a first-aid kit, tools, fire extinguisher and flares or reflective triangles that are labeled with the Federal DOT symbol or a statement that the device complies with all Federal Motor Vehicle Safety Standards.

(d) The driver of any camp vehicle shall be at least 18 years old and possess a current driver's license.

(e) Seat belts shall be utilized by all passengers in vehicles so equipped.

(f) Occupancy of a vehicle shall be limited to its rated capacity.

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

Section 7-2.11 - Recreational safety

7-2.11 Recreational safety. (a) Swimming. (1) Only locations approved by the permit-issuing official as part of the camp’s safety plan can be used for swimming.

(2) Adequate light must be present to effectively supervise swimming activities. Swimming shall be prohibited between sunset and sunrise at wilderness swimming sites. Lighting for indoor and nighttime swimming pool use must comply with Subpart 6-1 of this Title.

(3) Swimming pools and bathing beaches operated as part of a children's camp shall comply with Part 6 of this Title, and the following:

(i) The swimming pool or bathing beach shall be directly supervised by a camp aquatics director.

(ii) Float lines shall be provided in accordance with Subpart 6-1 or Subpart 6-2 of this Title and the swimming area shall have at least non-swimmer and swimmer areas designated. Non-swimmers shall be confined to the area appropriate to their assessed swimming ability. Non-swimmers shall be conspicuously identified to be readily distinguishable from swimmers except where non-swimmers are restricted from entering the swimmer area by a physical barrier such as a swim crib or dock, or are in a separate pool only for non-swimmers. Non-swimmers shall be restricted to water less than chest deep, except:

(a) during learn-to-swim programs that use a supervision protocol determined by the State Commissioner of Health to protect a camper from injury or drowning; or

(b) when counselors are in the water and directly supervise a maximum of three non-swimmers in shallow water in the non-swimmer area.

(iii) Permanent swimming areas shall have supervised entrances and exits, lifeguard station providing an unobstructed view of the swimming area, and lifesaving equipment. Swimming pools shall be protected by fences; entrance gates shall be locked except during periods when a lifeguard is on duty.

(iv) A Buddy System and Board System of supervising and checking bathers must be described in the camp's approved safety plan and implemented. It must include, as a minimum:

(a) an accounting system which identifies each bather by name, the bather's swimming ability and the swim area to which the bather is assigned;

(b) a method of recording the entry to and exit from the swim area for each bather;

(c) the assignment of each bather to a buddy who must have the same level of swimming ability. If a non-swimmer is paired with a swimmer, both must remain in the non-swimmer area. One threesome is allowed per swim area. Buddies shall be instructed to notify the lifeguard when their partner is in distress or is missing; and

(d) that checks of the bathers are made at least every 15 minutes. These checks are referenced against the accounting system.

When children are unable to comprehend or implement the buddy system, another method which the permit-issuing official has determined provides an equivalent level of bather safety, supervision and accountability for these children may be substituted for the buddy system and board system. The method must be described in the camp's approved safety plan.

A "lost swimmer" plan, which details all procedures to be followed, including clearing the water, searching and supervising campers present, is required and must be included in the camp's approved safety plan. The lost swimmer plan shall be implemented whenever a buddy check fails to account for all bathers and anytime a bather is reported missing.

(v) All piers, floats, platforms, and decking shall be in good repair. Clearly visible depth and other markings shall be provided in accordance with Subpart 6-1 or Subpart 6-2 of this Title.

(vi) The minimum water depth for diving boards shall be in accordance with Section 6-1.10(l) or Section 6-2.19, item 4.8.2. Swimming pool diving boards installed since July 15, 1988, shall be constructed in accordance with Section 6-1.29 item 5.6. For outdoor diving areas, the bottom shall be cleared of stumps, rocks and other obstacles. Diving boards shall be mounted on a firm foundation and the top surface shall be slip resistant.

(vii) There shall be one qualified lifeguard for every 25 bathers. Each lifeguard shall supervise no more than 3,400 square feet of pool surface area or 50 yards of shoreline at a bathing beach. At a beach where swimming or diving is permitted more than 150 feet from shore, lifesaving patrol boats or offshore lifesaving stations shall be provided.

(viii) The ratio of counselors to campers participating in activities that occur in the water shall be 1:10. For children younger than eight, the ratio shall be 1:8, except that when children are less than six years of age, the ratio shall be 1:6. Counselors shall be assigned to supervise campers and be located at the poolside, beachfront or in the water providing direct visual surveillance for such campers at all times.

(4) When swimming is conducted during camp trips including aquatic amusement park activities at a facility not owned or operated by the camp, each camper shall have a signed statement of permission to participate from a parent/guardian and the following shall be met:

(i) Except for wilderness sites, only those swimming pools and bathing beaches in New York State that have a valid permit to operate issued from the local health department having jurisdiction for the bathing facility, or those be operated by a New York State Agency may be used.

(ii) Residential swimming pool use is prohibited.

(iii) A buddy system and board system of supervising bathers shall be implemented in accordance with section 7-2.11(a)(3)(iv). All campers must have their swimming ability assessed by a progressive swimming instructor and the swimming area shall have at least non-swimmer and swimmer areas designated. Non- swimmers shall be confined to the area appropriate to their swimming ability. Non-swimmers shall be conspicuously identified to be readily distinguishable from swimmers except where non-swimmers are restricted from entering the swimmer area by a physical barrier such as a swim crib or dock or are in a separate pool for only non-swimmers. Non-swimmers shall be restricted to water less than chest deep, except:

(a) during learn-to-swim programs that use a supervision protocol determined by the State Commissioner of Health to protect a camper from injury or drowning; or

(b) when counselors are in the water and directly supervise a maximum of three non-swimmers in shallow water in the non-swimmer area.

(iv) When a camp utilizes a pool, bathing beach or an aquatic amusement park activity where the facility provides aquatic supervisory staff level I, IIa or IIb in accordance with Part 6 of this Title, the camp shall provide one qualified lifeguard, or camp staff who possesses training in children's camp swimming program safety as specified in clause (a) of this subparagraph, for each 75 campers to supervise camper bathing activities and implement the camp safety plan. A camp supplied lifeguard, or a staff possessing training in children's camp swimming program safety, is not required for aquatic amusement park activities that allow only one or two patrons in the water at a time and the activity water depth does not exceed chest deep for non-swimmers.

(a) A training course will be determined to be acceptable if, after a review by the State Health Department, the materials and training program covering those items set forth below are determined to provide camp staff with adequate training to supervise a camp trip swimming activity.

(b) Training course certification shall be valid for the time period specified by the certifying agency, but may not exceed a consecutive three-year period from course completion.

(c) Training course materials shall be submitted for review by the course sponsor and shall include minimum instructor qualifications to demonstrate that instructors possess adequate experience and knowledge in children's camp swimming program safety to effectively communicate the subject matter of this section:

(1) Injury Prevention including Communicating and Enforcing Rules

(2) Bather Surveillance Systems for Children's Camps

(i) Classifying and Identifying Bather Swimming Abilities

(ii) Swimming Area Selection

(iii) Buddy System

(iv) Buddy Board/Accountability Systems

(3) Types of Emergencies and Emergency Action Plans (EAP)

(v) Pre-arrangement must be made with an off-site facility to ensure that the facility is
capable of accommodating the additional bather load associated with the camp, to identify duties of the camp aquatic staff, and to determine whether or not the facility’s lifeguards will be present.

(vi) Minimum counselor to camper ratio shall be 1:8 for campers 6 years of age and older and 1:6 for campers younger than 6 years of age. Counselors shall be assigned to supervise campers and be located at the poolside, beachfront or in the water providing direct visual surveillance for such campers at all times.

(vii) When the camp utilizes a facility that does not provide aquatic supervisory staff level I, IIa or IIb in accordance with Part 6 of this Title, the camp must provide one qualified lifeguard for every 25 bathers to directly supervise campers participating in bathing activities and to implement the camp safety plan. Each camp supplied lifeguard shall supervise no more than 3400 square feet of area at swimming pools or no more than 50 yards of shoreline at bathing beaches. Camper swimming is prohibited at a distance of more than 75 feet from shore at bathing beaches when the water depth exceeds chest deep of the shortest camper. When the water depth is less than chest deep of the shortest camper, swimming shall be restricted to no more than 150 feet from shore.

(5) When wilderness swimming is conducted, each participating camper shall have a signed statement of permission to participate from a parent/guardian, and Section 7-2.11(a)(3)(iv) shall be complied with. In addition:

(i) the camp shall provide at least one qualified lifeguard per 25 bathers. A minimum of two staff members which includes the lifeguard shall possess a current certificate in an acceptable cardiopulmonary resuscitation (CPR) training program as defined in subdivision 7-2.2(n) of this Subpart. Only staff who are determined by a Progressive Swimming Instructor to have a swimming ability equivalent to that of a swimmer's ability may supervise a wilderness swimming activity.

(ii) Minimum staff to camper ratio shall be 1:8 for campers 6 years of age and older and 1:6 for campers younger than 6 years of age. Counselors shall be assigned to supervise campers and be located at the waterfront providing direct visual surveillance for such campers at all times.

(iii) The swimming area shall be adequately marked to identify the perimeter. Water within the swimming area shall not exceed 5 feet in depth and swimming shall be restricted to an area which is no more than 50 yards of shoreline and 75 feet from shore. Water clarity shall be sufficient to see the bottom or to a minimum of 4 feet below the surface throughout the swimming area. The bottom slope of the swimming area shall not be steeper than 1:8 and the bottom shall contain no sharp drop-offs, jagged rocks or under water obstructions. Water currents shall not exceed 3 feet per second in the swimming area.

(iv) All campers must have their swimming ability assessed by a progressive swimming instructor and the swimming area shall have at least non-swimmer and swimmer areas designated. Non-swimmers shall be confined to the area appropriate to their assessed swimming ability. Non-swimmers shall be conspicuously identified to be readily distinguishable from swimmers and be restricted to water less than chest deep.

(v) Safety equipment. One rescue tube, rescue buoy or United States Coast Guard approved life jacket and a pocket face mask to assist with CPR shall be provided for each required lifeguard.

(vi) Safety rules. Head first diving shall be prohibited as shall jumping into the water from cliffs, trees, water flumes or rope swings.

(b) Riflery. (1) Rifle ranges shall not endanger any person or persons in other activity areas; backstops shall be used to contain bullets within the range. Large warning signs atop the backstop, facing away from the firing line, shall be labeled "keep out." A red firing flag shall be displayed when the range is in use.

(2) Rifle ranges shall be equipped with a firing line and a ready line; only those ready to fire shall be on the firing line. Those waiting to fire shall remain behind the ready line.

(3) The minimum age to participate in a riflery activity shall be in accordance with the Article 265 of the New York State Penal Law and specified in the camp safety plan. Campers shall be instructed in safe rifle range procedures before actual firing.

(4) Single-shot rifles, preferably with slings, shall be used. Persons shall stay behind the firing line at all times, except when ordered by the instructor to retrieve targets.

(5) The instructor shall be on the range at all times during firing sessions and shall be assisted by another counselor who may be trained by the instructor. One staff person shall supervise a maximum of 10 campers on the firing line.

(6) The instructor shall determine that rifles are clean and in good repair, supervise the storage of equipment and control its use by means of a check-out system. Guns and ammunition shall be stored, separately, in locked cabinets.

(c) Archery. (1) The archery range shall not endanger any person or persons in other program activities and be clearly marked to warn passing campers away from the danger area. The shooting area shall have at least 50 yards of clearance or an archery net behind each target. Bowmen shall fire from a common firing line and a ready line shall be marked behind it.

(2) The bows and arrows shall be stored in a locked cabinet.

(3) An archery staff-camper ratio of one for every 10 campers on the firing line shall be maintained.

(4) All archery staff should possess training in archery.

(d) Horseback riding. (1) A competent riding instructor shall determine each camper's riding experience and level of skill before assigning horses and deciding whether the camper rides in the ring or on the trail. One experienced instructor shall be assigned for every 10 riders for each trail excursion and a minimum of two staff persons shall accompany such excursion.

(2) Protective headgear containing a permanent label stating that it meets or exceeds the American Society for Testing and Materials standard ASTM F1163 shall be worn at all times.

(3) Children shall wear shoes with heels, or closed stirrups shall be used.

(e) Animals. No animals suspected of carrying a communicable disease shall be kept in camp. Animals kept in camp shall comply with the Environmental Conservation Law and with the Agriculture and Markets Law.

(f) Equipment. (1) No personal weapons, bows, rifles or similar equipment shall be brought to camp without the camp operator's knowledge and permission. Such articles permitted in camp shall be kept in a locked cabinet by the operator and used only by the owner in accordance with camp safety regulations.

(2) All equipment shall be free of hazards, securely anchored where necessary, installed and used in accordance with manufacturer's instructions and inspected by the camp operator at frequent intervals for defects.

(g) On-site activities. An activity leader shall supervise each camp activity occurring on the camp’s property. A minimum of one activity leader and one staff member shall supervise activities that occur at locations where additional camp staff assistance is not readily available. A minimum counselor-camper ratio of 1:8 shall be maintained for wilderness, equestrian, boating and similar specialized activities, unless the children are less than six years of age then the ratio shall be 1:6.

(h) Special waterfront activities. (1) Practices and equipment, including head protection for whitewater canoeing and personal flotation devices for specialty waterfront activities such as water skiing, scuba diving or whitewater canoeing shall be included in the approved camp safety plan.

(2) All motorized boats for use at camps shall: be registered with the Department of Motor Vehicles, display its registration number on its bow, and a current registration and inspection certificates shall be available for examination by the permit-issuing official. Procedures and conditions for the use of nonmotorized boats shall be included in the required written camp safety plan. All boat occupants shall wear a United State Coast Guard-approved life jacket or vest. A lifeguard shall be present in any watercraft having a capacity of eight or more persons and carrying non-swimmers unless such watercraft is a public vessel as defined in Section 2(6)(a) of the New York State Navigation Law.

(3) Boats may be used only by persons having permission of the camp aquatics director or camp director. Boats carrying passengers shall never be towed behind motorized or nonmotorized boats. All boats are prohibited in the swimming area unless being used in rescue efforts by lifeguards.

(4) All specialized aquatic activities, such as canoeing, sailing waterskiing and scuba diving, conducted by the camp shall be under the leadership of a counselor trained in the specialty.

(i) Camp trips. A trip leader and at least one counselor must accompany all camp trips. A minimum counselor-camper ratio of 1:8 shall be maintained for swimming, wilderness, equestrian, boating and similar specialized trips, unless the children are less than six years of age then the ratio shall be 1:6. A minimum counselor-camper ratio of 1:12 shall be maintained when transporting campers via motor vehicles to a specific activity site. Staff supervising a camp trip must review the camp safety plan for each trip within 24 hours prior to departure except when the staff participated in an identical trip or in the pre-camp training within one week prior to the intended trip.

(j) Incidental Water Immersion. During a hike or other similar camp activity, entering a stream or other body of water for the purpose of crossing or for personal hygiene shall not be considered swimming. Procedures for incidental water immersion in water deeper than mid-calf of the shortest camper must be specified in the camp safety plan and approved by the permit-issuing official. Incidental water immersion shall be prohibited when the water’s depth cannot be determined or when the water’s depth or current does not ensure a safe crossing. A trip or activity leader shall be familiar with safe water flow characteristics and camp safety plan procedures for any body of water entered. Staff shall test the entire area in which incidental immersion will occur prior to campers entering the water.

Effective Date: 
Wednesday, July 6, 2011
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 225

Section 7-2.12 - Building construction

7-2.12 Building construction.

(a) Notice of construction, modification or conversion required. No person shall modify, develop or convert a property for use as a children's camp without first notifying the permit-issuing official at least 60 days before construction commences. The notices shall give the name and location of the property, a brief description of the facilities to be provided and the name, telephone number and mailing address of the person giving notice. The notice shall be supplemented by additional information, including plans or sketches as requested by the permit-issuing official. Construction shall not start prior to the required approval of the plans or sketches by the permit-issuing official and other appropriate regulatory official.

(b) Requirement for new construction.

(1) Except as otherwise provided in paragraph (2) of this subdivision, all new construction, including alterations, enlargements and improvements, shall be in accordance with the Uniform Code and the provisions of the State Environmental Quality Review Act. The building permit and certificate of occupancy as issued by the local code enforcement official should be readily available for review and submission to the permit-issuing official. A written statement signed by a registered architect or professional engineer certifying construction compliance with the Uniform Code shall be submitted to the permit-issuing official prior to occupancy of all new construction. For a summer camp cabin (as that term is defined in paragraph (3) of this subdivision), the written certification of compliance to be submitted to the permit-issuing official shall certify compliance with all applicable Uniform Code requirements other than the automatic sprinkler system requirements specified in subparagraph (i) of paragraph (2) of this subdivision.

(2) A summer camp cabin (as that term is defined in paragraph (3) of this subdivision) shall be exempt from the following Uniform Code requirements:

(i) the automatic sprinkler system requirements, and

(ii) the minimum floor area per occupant requirements

(3) For the purposes of this subdivision, the term "summer camp cabin" shall mean a sleeping quarter which:

(i) is located in a children's overnight camp;

(ii) has a sleeping capacity of fewer than twenty-five occupants with a total combined sleeping room floor area of 1200 square feet or less for all sleeping rooms;

(iii) is one story;

(iv) is used and occupied only between June 1 and September 14;

(v) has no cooking facilities, no heating systems, and no solid fuel heating or burning systems;

(vi) has only sleeping rooms (including the necessary area for storing occupant belongings) and bathrooms;

(vii) has no interior corridors or separate common area rooms;

(viii) has at least two exits per sleeping room which are remote from each other and which discharge directly to the building's exterior;

(ix) has exit doors that open in the direction of, and are non-locking against egress; and

(x) has smoke alarms in each sleeping room that are interconnected such that the activation of one alarm will activate all of the alarms in the cabin.  An existing structure that is altered, enlarged or otherwise improved shall not be deemed to be a summer camp cabin (and shall not be subject to the exceptions set forth in paragraph (2) of this subdivision) unless such structure, as so altered, enlarged or otherwise improved, satisfies all of the criteria set forth in this paragraph.

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

Section 7-2.13 - Location; grounds

7-2.13 Location; grounds.

A children's camp shall be so located that adequate surface drainage can be provided during the period of operation, and so that adequate soil and space will permit the installation and operation of a proper sewage disposal system and/or water system, unless other provisions are made acceptable to the permit-issuing official.

Effective Date: 
Friday, September 1, 1978
Doc Status: 
Complete

Section 7-2.14 - Housing maintenance

7-2.14 Housing maintenance.

A building or structure of a children's camp shall be safe, adequate in size for its use, clean, and have watertight roof and sides. However, a lean-to or an open recreational facility, which excludes rain from occupied portions of the structure, may be used as a shelter.

Effective Date: 
Friday, September 1, 1978
Doc Status: 
Complete

Section 7-2.15 - Heat, light and ventilation

7-2.15 Heat, light and ventilation.

(a) Windows, or skylights having a minimum total area within the casement of at least eight percent of the floor area, shall be maintained in all occupied rooms; natural ventilation shall be provided through openable windows or other exterior openings which are equal in area to four percent or more of the floor area. Artificial in lieu of natural lighting, and mechanical ventilation, may be provided in toilet rooms and assembly space.

(b) Camps occupied between October 1st and May 1st shall have at least one building with heating facilities for emergency use. Unvented fossil fuel-powered heaters are prohibited.

Effective Date: 
Wednesday, January 17, 1996
Doc Status: 
Complete

Section 7-2.16 - Sleeping quarters

7-2.16 Sleeping quarters.

(a) Every bed, mattress, and related sleeping accessories provided by the operator, shall be clean and in good condition at the time of issue; clean sheets and pillowcases shall be provided weekly. Laundry facilities shall be available when campers and staff provide their own linens.

(b) A minimum clear space of 27 inches above the sleeping surface of a bed, and six feet between heads of sleepers, shall be maintained; triple-decker beds are prohibited. Unobstructed space for aisles between beds and access to exits must be provided. Bunk beds shall be structurally sound. The upper bed of bunk beds must, by May 15, 2005, be provided with adequate guardrails.

(c) In sleeping quarters housing more than four persons, 40 square feet of floor area per occupant shall be provided when single beds are provided. When double-deck bunk beds are provided, 30 square feet of floor area shall be provided for each occupant. Floor area includes space within the occupied structure to accommodate: the bed, storage for personal belongings, aisles and exitways, and associated assembly space. Space for toilets, lavatories and showers shall not be used to calculate a sleeping quarter's floor area. For structures built prior to 1975, the required minimum floor area for single beds is 36 square feet. Effective July 1, 2011, construction of sleeping quarters not meeting the definition of a summer camp cabin, as defined in section 7-2.12(b)(3) of this Subpart, 50 square feet of floor area per occupant shall be provided in each sleeping room.

(d) An undivided room shall not have more than 36 occupants.

(e) A sleeping room shall have a minimum clear height of five feet above the floor area, and at least 80 percent of the floor area shall have a continuous minimum clear height above it of seven feet. The walls shall extend from the floor to the ceiling or roof, or to a minimum height of eight feet.

(f) At least one adult counselor shall be present during sleeping hours on every level of a building used for sleeping.
 

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

Section 7-2.17 - Electrical safety

7-2.17 Electrical safety.

All existing electrical service, wiring and fixtures shall be in good repair and safe condition.

Effective Date: 
Thursday, May 16, 1985
Doc Status: 
Complete

Section 7-2.18 - Fire safety

7-2.18 Fire Safety.

(a) Building standards. All construction, equipment installation and fire safety practices required by this Section shall be operated and maintained in accordance with the Uniform Code.

(b) Fire alarm systems and emergency procedures. (1) Buildings used for sleeping by 50 or more persons, or buildings two stories or more in height used for sleeping, shall have a fire alarm system, that when activated sounds an alarm which can be heard throughout the camp. Buildings three stories or more in height used for sleeping shall be protected with an automatic fire detection system, including smoke detectors installed in corridors, assembly areas, storage rooms, stairways and heat detection devices installed in kitchens.

(2) At least one single station smoke detecting alarm device shall be installed on or near the ceiling in each sleeping unit. Battery operated devices are acceptable. Tents and lean-to's are not required to be equipped with these devices.

(3) Portable audible/visual smoke detectors shall be provided in all sleeping quarters occupied by visually or audibly impaired campers. Hard wiring of audible/visual detectors into an existing central closed circuit alarm system shall be permitted in lieu of such portable detectors. Tents and lean-to's are not required to be equipped with these devices.

(4) Fire drills shall be held within the first 48 hours of each camping session and periodically thereafter in accordance with the camp safety plan. A log with drill dates and times must be maintained and verified by the camp director. It must be available for inspection at all times.

(5) The camp operator shall be responsible for the regular inspection of all fire protection facilities and equipment.

(c) Means of egress. (1) The means of egress from all structures shall be maintained in an unobstructed, easily traveled condition at all times, and protected from hazardous areas such as heating plant, kitchen and flammable storage.

(2) Sleeping quarters with an occupancy of 15 or more persons shall be provided with at least two separate means of egress located as far apart as practical. Each door shall swing in the direction of egress. Windows in a sleeping quarter two stories or less in height may be substituted for one approved exit, provided the sill is not more than three feet above the floor and the drop from the windowsill to an unobstructed area on the ground is less than 14 feet.

(3) Two separate means of egress shall be provided from each floor of a multi-story building. In buildings constructed prior to September 1, 1978, dead-end corridors up to 35 feet in length are acceptable. An exitway shall lead to an outside exterior stairway or to an interior smoke-tight passageway having a minimum of three-quarter hour fire-resistant construction and leading to the outdoors at grade. Stairs extending beyond two occupied floors shall have a self-closing, tight door at each floor level.

(4) Except for an individual room, a door containing hardware and forming part of a means of egress shall be nonlocking against egress and operable with a single motion in the direction of egress. The use of hooks and eyes, bolts, bars and similar devices is prohibited; widths of exit doors shall be a minimum of 28 inches.

(5) All assemblage areas, including a recreation room, dining hall or chapel, shall have at least two means of egress acceptable to the permit-issuing official and doors shall comply with the requirements of Paragraph (4) of this subdivision.

(6) Exits from a room occupied by 15 or more persons, or exits not readily visible to the occupants, shall be identified by lighted exit signs, including directional signs where needed.

(7) Emergency lighting shall be provided for halls, stairways and exit signs where required by the permit-issuing official.

(d) Heating. Stoves or other heat sources, where provided, shall be installed and maintained in accordance with the manufacturer's instructions to avoid fire hazards and dangerous concentrations of fumes or gas. Water heaters shall not be installed in sleeping quarters.

(e) Other precautions. (1) Containers of gasoline, kerosene and other flammable materials shall be labeled and stored in a separate locked and unoccupied building. Oil-base paints and thinners shall be stored in approved-type paint lockers or in a separate building.

(2) All tents shall be of the fiber-impregnated flame-retardant variety or equivalent.

(3) Fire extinguishers and other firefighting equipment acceptable to the permit-issuing official shall be provided, inspected and tagged by the camp operator prior to the camp season. The equipment shall be maintained in operating condition at all times.

Effective Date: 
Wednesday, September 29, 2004
Doc Status: 
Complete

Section 7-2.19 - Food service

7-2.19 Food service.

(a) Kitchens, dining areas and food service shall comply with Part 14 of this Title.

(b) When food is provided by the camp, it shall be of sufficient quantity and quality for the nutritional needs of each child.

Effective Date: 
Wednesday, September 29, 2004
Doc Status: 
Complete

Section 7-2.20 - Hazardous materials

7-2.20 Hazardous materials.

Agricultural, commercial or household pesticides and toxic chemicals shall be stored and/or used to cause no air, surface water or ground water pollution or be hazardous to the occupants of the camp. They shall be stored in their original containers in areas designated for such use.

Effective Date: 
Friday, September 1, 1978
Doc Status: 
Complete

Section 7-2.21 - Vector and vermin control

7-2.21 Vector and vermin control.

The premises are to be free of insect and rodent infestations that may cause a nuisance or health hazard. Bats shall be excluded from living areas of occupied buildings.

Effective Date: 
Friday, September 1, 1978
Doc Status: 
Complete

Section 7-2.22 - Weed control

7-2.22 Weed control.

Ragweed, poison ivy, poison oak, poison sumac and other noxious weeds shall be controlled to minimize contact by camp occupants.

Effective Date: 
Friday, September 1, 1978
Doc Status: 
Complete

Section 7-2.23 - Refuse storage and disposal

7-2.23 Refuse storage and disposal.

(a) Refuse shall mean solid wastes.

(b) Facilities shall be provided and maintained for the storage, handling and disposal of refuse to prevent nuisance conditions, insect and rodent infestations and pollution of air and water.

Effective Date: 
Friday, September 1, 1978
Doc Status: 
Complete

Section 7-2.24 - Variance; waiver

7-2.24 Variance; waiver. (a) Variance - In order to allow time to comply with certain provisions of this Subpart, an operator may submit a written request to the permit-issuing official for a variance from a specific provision(s) when the health and safety of the children attending the camp and the public will not be prejudiced by the variance, and where there are practical difficulties or unnecessary hardships in immediate compliance with the provision. An operator must meet all terms of an approved variance(s) including the effective date, the time period for which the variance is granted, the requirements being varied and any special conditions the permit-issuing official specifies. For any variance request relating to the requirements of section 7-2.25(b) of this Subpart, the permit-issuing official shall consult with and obtain approval from the State Department of Health, prior to granting or denying the variance.

(b) Waiver - In order to accept alternative arrangements that do not meet certain provisions of this Subpart but do protect the safety and health of the campers and the public, an operator may submit a written request to the permit-issuing official for a waiver from a specific provision of this Subpart. Such request shall indicate justification that circumstances exist that are beyond the control of the operator, compliance with the provision would present unnecessary hardship and that the public and camper health and safety will not be endangered by granting such a waiver. The permit-issuing official shall consult with a representative of the State Department of Health prior to granting or denying a waiver request. An operator must meet all terms of an approved waiver(s), including the condition that it will remain in effect indefinitely unless revoked by the permit-issuing official or the facility changes operators. For any waiver request relating to the requirements of section 7-2.25(b) of this Subpart, the permit-issuing official shall consult with and obtain approval from the State Department of Health, prior to granting or denying the waiver. 
 

Effective Date: 
Wednesday, June 22, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 225

Section 7-2.25 - Additional requirements for camps enrolling campers with disabilities

7-2.25 Additional requirements for camps enrolling campers with disabilities.

(a) Effective October 1, 2016, the following requirements shall apply to all camps enrolling a child with a physical or developmental disability, except that any Camp for Children with Developmental Disabilities as defined in section 7-2.2 of this Subpart shall comply with this section upon the effective date of this Subpart:

(1) Personnel and Supervision.

(i) The ratio of counselors to campers who use a wheelchair, adaptive equipment or bracing to achieve ambulation, but who do not possess, for whatever reason, the ability to fit, secure or independently manipulate such devices satisfactorily to achieve ambulation, shall be 1:2.

(ii) Camp staff providing direct care of a camper with a disability shall be trained on the specific needs of the campers in their charge.

(2) Medical Requirements.

(i) A camp operator shall obtain existing individual treatment, care, and behavioral plans for campers with a disability. Camp staff shall implement adequate procedures to protect the health and safety of a camper based on the plan provided and, when necessary, in consultation with an individual’s parent, guardian and/or clinical team.

(ii) The confidential medical history for a camper with a disability shall, in addition to the requirements of section 7-2.8(c)(1) of this Subpart, include:

(a) Any restrictions, allergies, medications, special dietary needs, and other pre-existing medical, physical or psychological conditions and illnesses.

(b) The camper’s physician’s name, address and telephone number.

(iii) Modified diets and other special needs related to a camper’s disability shall be identified for each camper prior to arrival at camp, planned for, provided for in accordance with supplied directions, and reviewed by the designated camp health director.

(3) Recreational Safety.

(i) The minimum counselor-to-camper ratio during swimming pool and bathing beach activities shall be one counselor for each camper who is non-ambulatory or has a disability identified by the camper's parents, guardian, physician or residential care provider that may result in an increased risk of an emergency in the water, such as uncontrolled epilepsy.

(ii) The minimum counselor-to-camper ratio during swimming pool and bathing beach activities shall be one staff member for every five (5) campers with a developmental disability not designated in subparagraph (i) of this paragraph.

(iii) No camper with a developmental disability can participate in swimming activities unless a written permission statement signed by the camper’s parent, guardian or residential care provider is on file at the camp.

(iv) The camp safety plan approved under section 7-2.5(n) of this Subpart shall contain a procedure to address the handling of seizures and aspiration of water for campers with developmental disabilities. All bathing beach and swimming pool staff shall be trained to implement the procedure prior to the date the camp begins operation. In-service training using this procedure shall be conducted and documented every two weeks after the commencement of the camp’s operation or as otherwise approved by the permit-issuing official in the camp’s safety plan.

(4) Toilets, privies, lavatories, showers. All lavatories and showers used by a camper with a physical disability shall be equipped with specialized fixtures, grab bars or other controls appropriate for the camper’s disability. Lavatories and showers used by campers with physical, intellectual or developmental disabilities, who are unable to moderate water temperature safely, shall have a water temperature not greater than 110 degrees Fahrenheit.

(5) Sleeping Quarters.

(i) Buildings housing campers who are non-ambulatory or use a wheelchair shall have ramps constructed in accordance with the Uniform Code to facilitate access and egress.

(ii) Non-ambulatory campers shall not have their sleeping accommodations above the ground floor.

(6) Location; grounds. Exterior paths of travel shall be free of encumbrances and provide an appropriate surface for movement during inclement weather as appropriate for the camp population being served.

(b) Children’s Camps for Children with Developmental Disabilities. In addition to the requirements listed in subdivision (a), the following requirements shall apply to all Children’s Camps for Children with Developmental Disabilities, as defined as defined in section 7-2.2 of this Subpart:

(1) Definitions. The following definitions apply to this subdivision:

(i) Camp staff shall mean a director, operator, employee or volunteer of a children's camp; or a consultant, employee or volunteer of a corporation, partnership, organization or government entity which provides good or services to a children's camp pursuant to contract or other arrangement that permits such person to have regular or substantial contact with individuals who are cared for by the children's camp.

(ii) Department shall mean the New York State Department of Health.

(iii) Justice Center shall mean the Justice Center for the Protection of People with Special Needs, as established pursuant to section 551 of the Executive Law.

(iv) Reportable incidents shall include the following:

(a) Abuse and Neglect shall mean those actions by camp staff that satisfies the definitions of “physical abuse”, “sexual abuse”, “psychological abuse”, “deliberate use of restraints”, “use of aversive conditioning”, “obstruction of reports of reportable incidents”, “unlawful use or administration of controlled substance” and “neglect” all as defined in section 488 of Social Services Law.

(b) Significant Incident shall mean an incident, other than an incident of abuse or neglect as defined by subparagraph (a) of this section that because of its severity or the sensitivity of the situation may result in, or has the reasonably foreseeable potential to result in, harm to the health, safety, or welfare of a camper with a developmental disability. A significant incident shall include but not limited to: (1) conduct between campers with developmental disabilities that would constitute abuse, as defined in this Section, if it had been conducted by a camp staff member; or (2) conduct by a camp staff member which is inconsistent with the individual treatment plan for a camper with a developmental disability, generally accepted treatment practices and/or applicable federal or state laws, regulations or policies, and impairs or creates a reasonably foreseeable potential to impair the health, safety or welfare of a camper with a developmental disability. Such conduct shall include but is not limited to: actions incorporated within the definitions of “unauthorized seclusion,” “unauthorized use of time-out,” “administration of a prescribed or over-the-counter medication, which is inconsistent with a prescription or order issued by a licensed, qualified health care practitioner, and which has an adverse effect,” and “inappropriate use of restraints,” as defined in section 488 of the Social Services Law.

(v) Personal Representative shall mean a camper’s parent, guardian, or person authorized under state, tribal, military or other applicable law to act on behalf of a camper with a developmental disability in making health care decisions.

(2) Personnel and Supervision.

(i) The camp director, who may also be the camp operator, shall possess a Bachelor's Degree from an accredited program in the field of physical education, recreation, education, social work, psychology, rehabilitation or related human services fields and shall present evidence of specialized training or one year of experience in treating or working with individuals with a developmental disability.

(ii) A camp director does not have to meet the minimum requirements of paragraph (i) of this subdivision if:

(a) the individual was a camp director for a camp for children with developmental disabilities during each of the three camping seasons preceding the 1986 camping season;

(b) conditions at the camp did not threaten the health or safety of campers during that person's tenure as camp director; and

(c) the individual otherwise meets the minimum qualifications for a camp director, as set forth in section 7-2.5 of this Subpart.

(iii) The camp director shall not be on the Justice Center Staff Exclusion List (SEL) consistent with paragraph 6 of subdivision b of this section.

(iv) The camp director shall develop a written staff training program appropriate to the specific needs of the campers with developmental disabilities enrolled in the camp.

(v) There shall be at least one counselor in addition to the driver in any vehicle transporting campers with developmental disabilities or as provided in the camp safety plan approved under section 7-2.5(n) of this Subpart.

(3) Medical Requirements. The camp health director shall be a physician, physician's assistant, registered nurse or licensed practical nurse and shall be on-site for the period the camp is in operation.

(4) Reporting. In addition to reporting incidents as required by Part 5 of this Title and by sections 7-2.8(d), 7-2.5(n)(3) and 7-2.6(f)(4) of this Subpart, all camp staff shall immediately report any reportable incident, as defined in section 7-2.25(b)(1)(iv) of this Subpart, involving a camper with a developmental disability, to the permit-issuing official and to the Justice Center's Vulnerable Person's Central Register (VPCR). Such report shall be provided in a form and manner as required by the Department and Justice Center.

(5) Immediate Protections and Notifications.

(i) Immediately upon notification of abuse, neglect or significant incident as defined by section 7-2.25(b)(1)(iv), the camp operator or designee shall ensure appropriate actions are taken to address the immediate physical and psychological needs of the camper(s), implement protections to ensure the safety and mitigate further risk to campers, and document such actions and implementations.

(ii) The camp director or designee shall notify a camper with a developmental disability and the camper’s personal representative that the camper is an alleged victim or potential witness of an incident of abuse or neglect. Alleged victims shall be notified within 24 hours and potential witnesses shall be notified within 48 hours of the permit-issuing official reporting, to the camp director or designee, that an incident of abuse or neglect has been accepted by the Justice Center for investigation. There shall be no notification of a personal representative if the alleged victim or potential witness objects to such notification or if providing such notification would compromise the investigation, violate relevant confidentiality laws, be contrary to court order, or otherwise contrary to the best interests of the alleged victim or the potential witness.

(iii) Camp staff shall document in writing that notice was given or that a diligent effort to make such notification was made for each camper.

(6) Camp Staff Screening, Training, and Code of Conduct.

(i) Prior to hiring anyone who will or may have direct contact with campers, or approving credentials for any camp staff, the operator shall follow the procedures established by the Justice Center in regulations or policy, to verify that such person is not on the Justice Center’s Staff Exclusion List (SEL) established pursuant to section 495 of the Social Services Law. If such person is not on the Justice Center's Staff Exclusion List (SEL), the operator shall also consult the Office of Children and Family Services State Central Registry of Child Abuse and Maltreatment as required by section 424-a of the Social Services Law. Such screening is in addition to the requirement that the operator similarly verify that a prospective camp staff is not on the sexual abuse registry, as required by section 7-2.5(l) of this Subpart.

(ii) A camp operator shall ensure that camp staff receive training regarding mandated reporting and their obligations as mandated reporters as defined by Article 11 of Social Services Law. A camp operator shall ensure that the telephone number for the Justice Center's VPCR hotline for the reporting of reportable incidents is conspicuously displayed in areas accessible to mandated reporters and campers.

(iii) The camp operator shall ensure that all camp staff are provided with a copy of the code of conduct established by the Justice Center pursuant to section 554 of Executive Law. Such code of conduct shall be provided at the time of initial employment, and at least annually thereafter during the term of employment. Receipt of the code of conduct shall be acknowledged and the recipient shall further acknowledge that he or she has read and understands such code of conduct.

(7) Disclosure of Information.

(i) Except to the extent otherwise prohibited by law, the camp operator shall be obliged to share information relevant to the investigation of any incident subject to the reporting requirements of this Subpart with the permit-issuing official, the Department, and the Justice Center. The permit-issuing official, the Department and the Justice Center shall, when required by law, or when so directed by the Department or the Justice Center and except as otherwise prohibited by law, be permitted to share information obtained in their respective investigations of incidents subject to the reporting requirements of section 7-2.25 (b)(4) of this Subpart.

(ii) Except as otherwise prohibited by law, the operator of a camp not otherwise subject to Article Six of the Public Officers Law shall make records available for public inspection and copying to the extent required by subdivision six of section 490 of the Social Services Law.

(8) Incident Management.

(i) The camp operator shall cooperate fully with the investigation of reportable incidents involving campers with developmental disabilities and shall provide all necessary information and access to conduct the investigation. The camp operator shall promptly obtain an appropriate medical examination of a physically injured camper with a developmental disability. The camp operator shall provide information, whether obtained pursuant to the investigation or otherwise, to the Justice Center and permit-issuing official upon request, in the form and manner requested. Such information shall be provided in a timely manner so as to support completion of the investigation subject to the time limits set forth in this subdivision.

(ii) Unless delegated by the Justice Center to the Department, an allegation of abuse or neglect as defined in section 7-2.25(b)(1)(iv)(a) of this Subpart, shall be investigated by the Justice Center. With regard to an alleged significant incident, as defined in section 7-2.25(b)(1)(iv)(b) of this Subpart, the permit-issuing official shall initiate a prompt investigation of the allegation, unless the Justice Center agrees that it will undertake such investigation. An investigation conducted by the permit-issuing official shall commence no later than five business days after notification of such an incident. Additional time for completion of the investigation may be allowed, subject to the approval of the department, upon a showing of good cause for such extension. At a minimum, the investigation of any reportable incident shall comply with the following:

(a) Investigations shall include a review of medical records and reports, witness interviews and statements, expert assessments, and the collection of physical evidence, observations and information from care providers and any other information that is relevant to the incident. Interviews should be conducted by qualified, objective individuals in a private area which does not allow those not participating in the interview to overhear. Interviews must be conducted of each party or witness individually, not in the presence of other parties or witnesses or under circumstances in which other parties or witnesses may perceive any aspect of the interview. The person alleging the incident, or who is the subject of the incident, must be offered the opportunity to give his/her version of the event. At least one of the persons conducting the interview must have an understanding of, and be able to accommodate, the unique needs or capabilities of the person being interviewed. The procedures required by this clause may be altered if, and only to the extent necessary to, comply with an applicable collective bargaining agreement.

(b) All evidence must be adequately protected and preserved.

(c) Any information, including but not limited to documents and other materials, obtained during or resulting from any investigation shall be kept confidential, except as otherwise permissible under law or regulation, including but not limited to Article 11 of the Social Services Law.

(d) Upon completion of the investigation, a written report shall be prepared which shall include all relevant findings and information obtained in the investigation and details of steps taken to investigate the incident. The results of the investigation shall be promptly reported to the department, if the investigation was not performed by the department.

(e) If any remedial action is necessary, the permit-issuing official shall establish a plan in writing with the camp operator. The plan shall indicate the camp operator’s agreement to the remediation and identify a follow-up date and person responsible for monitoring the remedial action. The plan shall be provided, and any measures taken in response to such plan shall be reported to the department.

(f) The investigation and written report shall be completed and provided to the department within 45 days of when the incident was first reported to the Justice Center.

(iii) At the conclusion of an investigation of an alleged reportable incident, the camp operator shall:

(a) Assess the need for corrective actions;

(b) Report corrective actions plans to the permit-issuing official within 45 days of the conclusion of an investigation from the Justice Center or permit-issuing official; and

(c) Implement corrective actions identified by the camp, or required by the permit issuing official or the Justice Center. Corrective action plans shall be implemented as soon as possible but within ninety (90) days of the completion of an investigation unless the camp has closed for the season. If closed for the season, corrective action plans shall be implemented when the camp reopens.

(iv) Incident Review Committee.

(a) The camp shall maintain a facility incident review committee, in accordance with 14 NYCRR Part 704. The incident review committee shall be composed of members of the governing body of the children’s camp and other persons identified by the camp operator, including some members of the following: camp administrative staff, direct support staff, licensed health care practitioners, service recipients, the permit-issuing official or designee and representatives of family, consumer and other advocacy organizations, but not the camp director. The camp operator shall convene a facility incident review committee to review the timeliness, thoroughness and appropriateness of the camp's responses to reportable incidents; recommend additional opportunities for improvement to the camp operator, if appropriate; review incident trends and patterns concerning reportable incidents; and make recommendations to the camp operator to assist in reducing reportable incidents. The facility incident review committee shall meet each year in which there is a reportable incident. When the incident review committee is responsible for approving or developing corrective action plans, the committee shall meet within 45 days of the conclusion of an investigation, unless an extension for such plans has been granted by the Justice Center.

(b) Pursuant to paragraph (f) of subdivision one of section 490 of the Social Services Law and 14 NYCRR Part 704, a camp operator may seek an exemption from the requirement to establish and maintain an incident review committee. In order to obtain an exemption, the camp operator shall file an application with the permit-issuing official and provide sufficient documentation and information to demonstrate that compliance would present undue hardship, that granting an exemption would not create an undue risk of harm to campers' health and safety and specify an alternative process to ensure appropriate review and evaluation of reportable incidents. The permit-issuing official shall consult with the Department and shall not grant or deny an application for an exemption unless it first obtains department approval for the proposed decision. An operator shall meet all terms of an approved exemption(s). An exemption shall remain in effect until revoked by the permit-issuing official. A camp operator shall immediately notify the permit-issuing official when conditions, upon which the incident review committee exemption was granted, have changed.

(9) In addition to the requirements specified by subdivisions (d) and (g) of the section 7-2.4 of this Subpart, a permit may be denied, revoked, or suspended if the children's camp fails to comply with regulations, policies, or other requirements of the Justice Center. In considering whether to issue a permit to a children's camp, the permit-issuing official shall consider the children's camp's past and current compliance with the regulations, policies, or other requirements of the Justice Center.
 

Effective Date: 
Wednesday, June 22, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 225

SubPart 7-3 - Campgrounds

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, section 225

Section 7-3.1 - Definitions

7-3.1 Definitions. For purpose of this Subpart, the following terms shall have the following meanings:
(a) Adequate. Sufficient to accomplish the purpose for which something is intended, and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted, or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Subpart.
(b) Campground. Any parcel or tract of land including buildings or other structures, under the control of any person, where five or more campsites are available for temporary or seasonal overnight occupancy.
(c) Camping cabin. A hard sided tent or shelter less than 400 square feet in area which is on skids or otherwise designed to be readily moveable and which does not have cooking facilities, sinks, showers, laundry or toilet facilities.
(d) Camping unit. A tent, camping cabin, recreational vehicle or other type of portable shelter intended, designed or used for temporary human occupancy.
(e) Campsite. A portion of a campground, with or without connections to water supply, electrical service or sewage systems, used by one camping unit.
(f) Permit-issuing official. The State Health Commissioner, the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, or the State district director having jurisdiction, or any county or public health director having all the powers and duties prescribed in section 352 of the Public Health Law.
(g) Person. An individual, group of individuals, partnership, corporation, association, political subdivision, state or local governmental agency, municipality, or any other legal entity.
(h) Potable water. Water fit for human consumption, food preparation, lavatory, culinary, bathing or laundry purposes.
(i) Recreational vehicle. A vehicular camping unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicles include, but are not limited to, camping trailers, fifth wheel trailers, motor homes, park trailers, travel trailers, and truck campers.
(j) Refuse. All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator residue, street cleanup, dead animals, offal and solid commercial waste.
(k) Scavenger equipment. A combination of a portable holding tank, pumping or other waste transfer method, and water tight hose connections, whereby a water tight seal can be made between the sewer connection of a recreational vehicle and a portable holding tank to empty the contents of the recreational vehicle sewage holding tank for transport to an approved sewage disposal system.
(l) Seasonal campsite. A campsite intended to be occupied by the same individual or group for 30 days or more.
(m) Self-contained recreational vehicle. A recreational vehicle equipped with at a minimum a toilet, a holding tank for sewage, a holding tank for drinking water and/or a connection through which the vehicle can be connected to the campground's water supply. These vehicles may also have electrical connections, showers, or other appliances.
(n) Sewage. Excreta and the waste from a toilet, privy, bath, shower, sink, lavatory, dishwashing or laundry machine, or the water carried waste from any other fixture or equipment or machine.
(o) Uniform code. Chapter 1, Subtitle S, Volume B of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, known as the "State Uniform Fire Prevention and Building Code".

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.2 - Application

7-3.2 Application
(a) The requirements of this Subpart shall apply to a campground where five or more campsites are occupied or maintained for occupancy except:
(1) those portions of a campground occupied by the owner(s) or operator(s) thereof, or their immediate family;
(2) a campground occupied for less than sixty (60) hours in any calendar year.
(b) The requirements of this Subpart shall not apply to:
(1) a children’s camp as defined in Subpart 7-2, of Part 7 of this Title, migrant farm worker housing as defined in Part 15 of this Title, or a mobile home park as defined in Part 17 of this Title; and
(2) any other type of operation, occupancy or use of a property determined by the State Commissioner of Health as not being within the intent of regulation by this Subpart.
(c) The requirements in this Subpart supercede the provisions in Subpart 7-1 for travel vehicle parks and campsite operators.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.3 - Permit for operation, inspections, access

7-3.3 Permit for operation, inspections, access
(a) Application for permit. Application for a permit shall be made by the operator to the permit-issuing official at least 30 days before operation or the expiration of an existing permit or a change in name, owner or operator.
(b) An application for a permit may be denied when the applicant has exhibited a history of non-compliance with the requirements of this Subpart or Subpart 7-1; the campground is found to be a potential source of danger to the general public health and safety or the health and safety of the occupants of the campground; or the campground does not comply with the requirements of this Subpart.
(c) A permit for a campground shall be issued for a period of not more than three years from the date of issue. A permit shall not be transferable or assignable and shall expire upon a change of the operator of the campground or upon the date specified by the permit-issuing official.
(d) Revocation, suspension. A permit may be revoked or suspended by the permit-issuing official or the State Commissioner of Health if the campground for which the permit was issued is found to have been maintained, operated or occupied in violation of the Public Health Law, or this chapter or the sanitary code of the health department in which the campground is located or upon abandonment of the operation. Before suspension, or revocation of a permit, the permittee shall be given the opportunity to be heard by the permit-issuing official or his designated officer to contest the revocation or suspension of the permit to operate. A permit may be surrendered by a permittee.
(e) The permit-issuing official or representative shall be allowed entry at any time for the purposes of inspection to any property operated as a campground as defined by this Subpart.
(f) A separate permit to operate a temporary residence shall not be required for structures which are available for overnight transient occupancy, and which do not meet the definition of a camping unit.
(g) A permit issued for the operation of a campground shall be posted in a conspicuous place on the premises.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.4 - Operator responsibilities and reporting requirements

7-3.4 Operator responsibilities and reporting requirements
(a) The operator of a campground shall provide an individual to be in charge of the property and to maintain the facilities as required by this Subpart and who shall be on or available to the property at all times when the property is occupied or open for occupancy. A telephone number or other method for summoning the individual in charge shall be posted in an area readily accessible to the campground occupants.
(b) The operator shall report the following to the permit-issuing official within 24 hours of occurrence:
(1) Injury or illness occurring at a swimming pool or bathing beach as required by section 6-1.7 and/or 6-2.7 of Subparts 6-1 or 6-2 of Part 6 of this Chapter.
(2) A condition suspected of affecting the quantity or quality of the on-site potable water supply or constituting a public health hazard as specified by section 5-1.1(ar) of Subpart 5-1 of Part 5 of this Chapter.
(3) Illness suspected of being food-borne due to consumption of food from a food service establishment in the campground as required by section 14-1.200 of Subpart 14-1 of Part 14 of this Chapter.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.5 - Enforcement

7-3.5 Enforcement
(a) Permits and placarding:
(1) Operation of a campground without a permit is a violation of this Subpart. The permit-issuing official may order any facility operating without a permit to close and remain closed until a valid permit for operation of the facility is obtained.
(2) Where a public health hazard as defined in subdivision (b) of this section is found, the portion of the campground constituting the hazard may be placarded to prohibit use until the hazard is corrected in order to protect the public health or safety of the occupants. When a placard is used, it shall be conspicuously posted at each entrance or walkway leading to the portion of the property where the hazard exists. The placard shall state the authority for its placement and indicate that concealment, mutilation, alteration or removal of it by any person without permission of the permit-issuing official shall constitute a violation of this Chapter and the Public Health Law.
(3) As soon as possible, and in any event within 15 days after placarding a facility, the operator shall be provided with an opportunity to be heard and present evidence that continued operation of the facility does not constitute a danger to the health or safety of the public. The hearing shall be conducted by the permit-issuing official or designated hearing officer.
(4) The permit-issuing official or designated representative shall inspect the premises within two working days of notification that the hazard has been eliminated, and remove the placard(s) after verifying correction.
(b) Public health hazards.
(1) A public health hazard is any condition which could be reasonably
expected to be responsible for illness, physical injury or death. Any of the following violations are public health hazards which require the permit-issuing official or designated representative to order immediate correction or to immediately institute action as provided in the law and in this Subpart:
(i) the condition of the electric service, wiring or electrical system components is such that an imminent fire or shock hazard exists;
(ii) the potable water system serving the campground contains contaminants in excess of the maximum contaminant levels prescribed in applicable sections of Part 5 of this Chapter or section 7-3.13(b) of this Subpart;
(iii) use of an unapproved water supply source;
(iv) insufficient quantity of water to meet drinking or sanitary demands;
(v) the treatment of the campground water system, when required for disinfection or removal of contaminants, is not continuous;
(vi) disinfection which is inadequate to destroy harmful microorganisms or to maintain a specified chlorine residual;
(vii) the presence of cross connections or other faults in the water distribution or plumbing systems which result, or may result, in the contamination of the potable water supply;
(viii) inadequately treated sewage discharging on the ground surface in an area accessible to campground occupants or which may result in pollution of a ground or surface water supply or bathing beach;
(ix) if food service is provided upon the campground by the operator or a food vendor, the presence of any of the public health hazards defined in section 14-1.10(b) and (c) of
Subpart 14-1 of Part 14 of this Chapter;
(x) where pools or beaches are provided, the presence of any of the public health hazards defined in sections 6-1.4(b) of Subpart 6-1 of Part 6 of this Chapter or section 6-2.4(b) of Subpart 6-2 of Part 6 of this Chapter;
(xi) any other condition determined to be a public health hazard, by the permit-issuing official.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.6 - Variance and waivers

7-3.6 Variance and waivers

(a) In order to allow time to comply with a provision of this Subpart, an operator may submit a written request to the permit-issuing official for a variance. A request for a variance will not be considered unless the operator demonstrates that the health and safety of the public will not be prejudiced by the variance, and that there are practical difficulties or hardships in immediate compliance with the provision. An operator must meet all terms and conditions of an approved variance.
(b) In order to obtain a waiver permitting alternative arrangements that do not meet the provisions of this Subpart but do protect the health and safety of the occupants and the public, an operator may submit a written request to the permit-issuing official for a waiver from a specific provision of this Subpart. Such request must demonstrate that the alternate arrangements provide adequate protection of the health and safety of the occupants and public. The permit-issuing official shall obtain and be guided by the recommendation of the State Department of Health prior to granting or denying a waiver. An operator must meet all terms of an approved waiver. A waiver will remain in effect indefinitely unless revoked by the permit-issuing official or the facility changes operators.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.7 - Notice of construction, enlargement, development, improvement or conversion required; prior approval

7-3.7 Notice of construction, enlargement, development, improvement or conversion required; prior approval.

(a) No person shall construct or enlarge for occupancy or use a campground or any portion or facility thereof, or develop or improve a property for occupancy and use as a campground, or convert a property for use or occupancy as a campground, without giving notice in writing of intent to do so to the permit-issuing official, at least 30 days before the proposed date of beginning of such construction, enlargement, development, improvement or conversion. The notice shall give the name of the city, village, or town in which the property is located, the location of the property within that area, a brief description of the proposed construction, enlargement, development, improvement, or conversion, and the name and mailing address of the person giving the notice and his or her telephone number, if any.

(b) Plans and specifications required by the permit-issuing official shall be submitted to the permit-issuing official. Construction, enlargement, development, improvement or conversion shall not commence until required plans or specifications have been approved by the permit-issuing official.

(c) All new construction including alterations, enlargements, conversions, campsite modifications or relocation of structures, shall conform with the requirements of this Subpart and the Uniform Code. The operator shall submit, prior to occupancy or use of the new facilities, a Certificate of Occupancy issued by the Local Code Enforcement official, when applicable, and a construction compliance certificate. The construction compliance certificate shall state that the facilities have been constructed in accordance with the approved plans.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.8 - Campsite space requirements

7-3.8 Campsite space requirements.

(a) The minimum area per site, for campsites that existed prior to the effective date of this Subpart, shall be either: 1,500 square feet; or, in compliance with subdivision (b) of this section.

(b) New campsites constructed and existing campsites modified after the effective date of this Subpart shall be a minimum of 1250 square feet. These campsites shall be large enough to allow at least a five foot clearance between the boundaries of the campsite and the exterior surfaces of the camping unit placed on it as well as any add-on structures or appurtenances attached to it, so as to provide for a 10 foot separation distance between camping units on adjacent campsites.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.9 - Fire Safety

7-3.9 Fire safety. Structures not meeting the definition of a camping unit which are available for overnight transient occupancy, shall meet the fire safety requirements contained in Subpart 7-1 of Part 7 of this Chapter.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.10 - Building maintenance/grounds

7-3.10 Building maintenance/grounds.

(a) Containers of flammable or combustible liquids must be stored, handled and dispensed in accordance with appropriate provisions of the Uniform Code.

(b) A campground shall be located so that adequate surface drainage of campsites is provided during the period of operation.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.11 - Food service

7-3.11 Food service. Any food service operated by the campground operator or other food vendor shall meet the requirements of Part 14 of this Chapter. If the food service is operated by a food vendor other than the operator of the campground, a permit to operate in accordance with the appropriate Subpart of Part 14 of this Chapter must be obtained.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.12 Swimming pools and bathing beaches

7-3.12 Swimming pools and bathing beaches. A swimming pool or bathing beach operated as a part of a campground for the use of occupants, guests, invitees or employees shall be constructed, maintained and operated so as to comply with the provisions of Subparts 6-1 or 6-2 of Part 6 of this Chapter as appropriate.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.13 - Water supply

7-3.13 Water supply. Every campground potable water supply meeting the definition of a public water system as defined in Subpart 5-1 of Part 5 of this Title shall, in addition to complying with sections 7-3.13(d)- 7-3.13(l), of this Subpart, comply with the applicable requirements of Subpart 5-1 of Part 5 of this Chapter. All other potable water supplies serving campgrounds not meeting the definition of a public water system shall comply with the following requirements:

(a) Treatment

(1) Minimum treatment for a ground water source shall be disinfection by chlorination or other disinfection methods acceptable to the permit issuing official unless a waiver for disinfection has been issued based upon a satisfactory history of microbiological water quality and all sources of the water supply are properly located, constructed and effectively protected and maintained.

(2) Minimum treatment for surface water sources or ground water sources directly influenced by surface water shall be filtration and disinfection techniques, approved by the permit issuing official, capable of 99.9 percent removal and/or inactivation of viruses and giardia lamblia cysts.

 

(b) Maximum contaminant levels (MCL):

Contaminant

MCL

Total Coliform
Escherichia Coli (E. Coli)
Any positive sample
Any positive sample
Nitrate
Nitrite
Total Nitrate and Nitrite
10 (as Nitrogen) mg/L
1 (as Nitrogen) mg/L
10 (as Nitrogen)mg/L

 

(c) Monitoring requirements. Samples shall be collected from the water system(s) for analysis as follows:

(1) At least one sample collected for microbiological analysis from each system prior to opening for the operating season and at least one additional sample collected from each system during the operating season. For those campgrounds operating more than 90 days in a calendar year microbiological samples shall be collected for each quarter the campground is in operation.

(2) A sample shall be collected for nitrate and nitrite analysis for new water sources.

(3) Additional monitoring may be required when determined by the permit-issuing official to be necessary to evaluate water quality.

(d) Submission of plans; prior approval. A plan for proposed new or modified potable water supply systems shall be submitted to the permit-issuing official at least 30 days prior to beginning construction. No construction of new or modified potable water supply systems shall commence until plans and specifications have been submitted to and approved by the permit-issuing official. Construction shall be in accordance with the approved plans.

(e) Minimum standards.

(1) Potable water shall be adequate in quantity and quality and shall be readily available to occupants of the campground. Only potable water shall be easily accessible. An adequate supply shall mean at least 55 gallons per day per campsite which includes water use for toilets, hand washing, showers and individual campsite food preparation and clean-up. Additional available capacity for food services, bathing facilities, laundry and demand created by day use of these facilities shall be provided.

(2) Structures available for overnight occupancy other than those meeting the definition of a camping unit, shall be supplied with at least 150 gallons of water per unit per day.

(f) Source protection. All potable water sources and distribution systems shall be designed, located, constructed and maintained to provide protection against contamination or pollution. All pumps, piping fixtures and appurtenances shall be adequately installed and maintained to protect against contamination of any water source.

(g) Connections prohibited. There shall be no physical connection between the potable water supply and any non potable water supply. Any fixture, installation or equipment which is subject to back-siphonage shall be adequately installed and maintained to protect against contamination of the water source(s)

(h) A minimum pressure of 20 pounds per square inch, at peak demand, shall be maintained in all parts of the campground distribution system.

(i) Report on water treatment. When a water treatment process is required to maintain adequate water quality, accurate and complete reports on the operation of the treatment system shall be maintained daily and submitted at least monthly, within 10 days of the end of each month, during periods of operation to the permit-issuing official on a form supplied for this purpose.

(j) Interruptions, changes in sources or treatments. Any incident or condition which effects the quantity or quality of the on-site potable water supply shall be reported to the permit-issuing official within 24 hours of occurrence. There shall be no changes made to the source, or method of treatment of a potable water supply, either temporary or permanent, without first receiving approval from the permit-issuing official. An adequate supply of potable water must be provided and maintained during all times of operation.

(k) An adequate supply of potable water shall be provided within 250 feet of all campsites. One water spigot with a soakage pit or other disposal facilities shall be provided for each 10 campsites not provided with individual spigots on the campsites.

(l) A common drinking utensil shall not be provided. Drinking fountains shall be of adequate sanitary design and construction.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.14 - Sewage treatment

7-3.14 Sewage treatment. Facilities shall be provided and maintained for the satisfactory treatment or scavenging and disposal of sewage. In addition, such facilities shall meet the following requirements:
(a) Submission of plans. A plan for proposed new or modified sewage treatment facilities or scavenging systems shall be submitted to the permit-issuing official at least 30 days prior to beginning construction.
(b) Plan approval and construction. A permit or written approval for the sewage system plan(s) shall be obtained from the permit-issuing official and/or the New York State Department of Environmental Conservation . No construction of new or modified sewage treatment facilities shall be commenced until such permit or written approval has been received by the permittee. Construction shall be in accordance with the approved plans.
(c) The presence of inadequately treated sewage on the surface of the ground is prohibited.
(d) Privies shall be so located, constructed and maintained that they will not pollute a water supply, surface water, adjacent ground surface, or permit access of flies or rodents to the privy vault. Privy vault contents shall be emptied and/or adequately treated.
(e) At least one sanitary dumping station for each 100 campsites or less must be provided. Sites provided with individual sewer connections shall not be counted when determining the required number of sanitary dumping stations. Sanitary dumping stations shall not be required at campgrounds for tent or camping cabin use only.
(f) Seasonal campsites. Seasonal campsites constructed after the effective date of this Subpart, intended for use by self-contained recreational vehicles shall be provided with either: (1) a sewer inlet connection, or; (2) an acceptable operator run scavenger service for routine collection of sewage from each recreational vehicle. Information regarding the scavenger equipment and collection schedule shall be submitted to the permit-issuing official for review and approval.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.15 - Toilets, lavatories and utility sinks

7-3.15 Toilets, lavatories and utility sinks.
(a) General requirements. Toilet facilities shall be provided. These facilities shall be constructed of cleanable materials, and maintained in a sanitary condition and in good repair.
(b) A minimum of four toilets, two per sex, shall be provided at all campgrounds. Additional toilets shall be provided as follows:
(1) Campsites without individual sewer connections. One toilet per sex for each additional 25 campsites or fraction thereof, after the first 25 campsites, located within 500 feet of each campsite.
(2) Campsites with individual sewer connections. One toilet per sex for each additional 75 campsites after the first 25 campsites, located within 500 feet of each campsite.
(3) Urinals may be substituted for up to one-third of the required toilets in the male facilities for campgrounds constructed or enlarged after the effective date of this Subpart. For campgrounds operating prior to the effective date of this Subpart, one-half of the required toilets for males may be urinals.
(c) For every two toilets, one handwash facility shall be provided. Handwash facilities shall be located in close proximity to the toilets.
(d) Utility sinks for disposal of dishwater shall be provided and conveniently located.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.16 - Showers

7-3.16 Showers.
(a) If showers are provided, they shall be constructed of cleanable materials and maintained in a sanitary condition and good repair and provided with hot and cold running water.
(b) Hot water shall mean water heated or tempered to provide a temperature of 90 to 110 degrees Fahrenheit at the point of use.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.17 - Electrical

7-3.17 Electrical.
(a) Installation of electrical service, wiring, and fixtures shall conform to the Uniform Code. A certificate of approval provided by a qualified electrical inspector shall be submitted for all new electrical work.
(b) The electrical service, wiring and fixtures shall be in good repair and safe condition. Where conditions indicate a need for inspection, the electrical service and wiring shall be inspected by a qualified electrical inspector, and a copy of the inspection report and certificate of approval shall be submitted to the permit-issuing official.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.18 - Insect, rodent and weed control

7-3.18 Insect, rodent, and weed control.

(a) Grounds, buildings and structures shall be maintained in such a manner as to control insect and rodent infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the permit-issuing official or other agency having jurisdiction.
(b) The growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds shall be controlled to minimize contact by campground occupants.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

Section 7-3.19 - Refuse storage

7-3.19 Refuse storage.
(a) Adequate facilities shall be provided and maintained for the temporary storage and handling of refuse to prevent nuisance conditions, insect and rodent infestations, and pollution of air and water.

Effective Date: 
Wednesday, March 7, 2001
Doc Status: 
Complete

SubPart 7-4 - Mass Gatherings

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sec. 225

Section 7-4.1 - Definitions

7-4.1 Definitions

(a) Adequate shall mean sufficient to accomplish the purpose for which something is intended, and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted, or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of the Subpart.

(b) A mass gathering shall mean one which is likely to attract 5,000 people or more and continue for 24 hours or more but shall not include a temporary residence under permit.

(c) Permit-issuing official (PIO) shall mean the State Commissioner of Health, the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or district director having jurisdiction, or any county or public health director having all the powers and duties prescribed in section 352 of the Public Health Law.

(d) Person shall mean an individual, group of individuals, partnership, firm, corporation, association, political subdivision, government agency, municipality, estate or any other legal entity.

(e) Potable water shall mean water provided or used for human consumption, food preparation, or for lavatory, culinary, bathing or laundry purposes.

(f) Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator residue, street cleanup, dead animals, offal and solid commercial waste.

(g) Sewage shall mean excreta and the waste from a flush toilet, bath, sink, lavatory, dish washing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-4.2 - Permit required, application, issuance, revocation, posting

7-4.2 Permit required to hold or promote a mass gathering; application, issuance, revocation, posting.

(a) No person shall hold or promote, by advertising or otherwise, a mass gathering unless a permit has been issued for the gathering by the permit-issuing official.

(b) Application for a permit to promote or hold a mass gathering shall be made to the permit-issuing official, on a form and in a manner prescribed by the State Commissioner of Health, by the person who will promote or hold the mass gathering. Application for a permit to promote or hold a mass gathering shall be made at least 15 days before the first day of advertising and at least 45 days before the first day of the gathering. Water and sewage facilities shall be constructed and operational not later than 48 hours before the first day of the mass gathering. The application shall be accompanied by such plans, reports and specifications as the permit-issuing official shall deem necessary. The plans, reports and specifications shall provide for adequate and satisfactory water supply and sewerage facilities, adequate drainage, adequate toilet and lavatory facilities, adequate refuse storage and disposal facilities, adequate sleeping areas and facilities, wholesome food and sanitary food service, adequate medical facilities, insect and noxious weed control, adequate fire protection, and such other matters as may be appropriate for security of life or health.

(c) A separate permit shall be required for each mass gathering.

(d) A permit may be revoked by the permit-issuing official or the State Commissioner of Health if he finds that the mass gathering for which the permit was issued is maintained, operated or occupied in violation of law, this Title, or the sanitary code of the health district in which the mass gathering is located. A permit may be revoked upon request of the operator or upon abandonment of operation.

(e) A permit issued for the operation of a mass gathering shall be posted or kept on file and made available by the operator on request.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-4.3 - Miscellaneous: duties of an operator

7-4.3 Miscellaneous: duties of an operator

(a) The operator shall not knowingly employ or allow anyone to work at a mass gathering who would pose a significant risk of disease to the public.

(b) Children under 16 years of age not accompanied by an adult at a mass gathering shall be provided with adequate and competent adult supervision exercised by a supervisor or supervisors present on the property.

(c) Satisfactory arrangements shall be made to assure adequate medical and nursing supervision and care at, or readily available to, the mass gathering.

(d) A person to whom a permit to promote or hold a mass gathering has been issued shall employ or designate an individual, who is acceptable to the permit-issuing official to be in charge of the property to maintain the facilities, and who shall be on or available to the property at all times when the property is occupied or open for occupancy, who is capable of providing an adequate response to all matters affecting the life, safety and health of the occupants.

(e) A person to whom any permit is issued shall comply with the provisions of this Subpart and with all conditions stated in the permit and shall allow the permit-issuing official or his representative to enter the premises at any reasonable time to ascertain compliance with the conditions of the permit and with this Subpart.

(f) The site shall be provided with a network of interior roads to be kept clear at all times for service and emergency vehicles, and shall be serviced by access roads which will permit an adequate flow of traffic and ensure the free passage of emergency vehicles.

(g) Each person attending the mass gathering shall be provided with a site map showing the location of all facilities, and adequate signs shall be provided locating all facilities.

(h) A separate overnight camping area or areas shall be provided.

(i) Adequate light for toilet areas, service areas and walkways shall be provided.

(j) A maintenance and internal security staff acceptable to the permit-issuing official shall be provided to assure proper operation of all facilities.

(k) Traffic control measures that will preclude hazards to vehicular and pedestrian traffic shall be implemented.

(l) The operator of a mass gathering shall make arrangements such that no flammable or volatile liquids or materials are stored in or adjacent to the area of the gathering, and that adequate fire fighting equipment is available to protect the life and health of the people attending the gathering.

(m) The operator shall provide the services and facilities outlined in the engineering report and approved by the permit-issuing official.

(n) The operator shall provide such emergency health-care services and facilities as may be required under applicable provisions of sections 18.3 and 18.4 of Part 18 of this Title.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-4.4 - Variance and waivers

7-4.4 Variance and waivers

(a) Variance. In order to allow time to comply with certain provisions of this Subpart, an operator may submit a written request to the permit-issuing official for a variance from a specific provision(s). The permit-issuing official may grant a variance for a period not to exceed one year when the health and safety of the public will not be prejudiced by the variance and where there are practical difficulties or hardships in immediate compliance with the provision. An operator must meet all terms of an approved variance including the effective date, the time period for which the variance is granted, the requirements being varied and any special conditions the permit-issuing official specifies.

(b) Waiver. In order to obtain a waiver permitting alternative arrangements that do not meet the provisions of this Subpart but do protect the health and safety of the occupants and the public, an operator may submit a written request to the permit-issuing official for a waiver from a specific provision of this Subpart.  Such request must demonstrate to the satisfaction of the permit-issuing official that the alternate arrangements provide adequate protection of the health and safety of the patrons and the public. The permit-issuing official may grant or deny a waiver after obtaining and following the recommendation of the State Department of Health and may set conditions on such waiver. An operator must meet all terms and conditions of an approved waiver. A waiver will remain in effect unless revoked by the permit-issuing official or the facility changes operators.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-4.5 - Water and sewage

7-4.5 Water and sewage

(a) Every existing and proposed water supply serving a mass gathering shall comply with the maximum contaminant levels and the applicable turbidity requirements contained in Subpart 5-1 of this Title and, in addition, shall meet the following requirements:

(1) Drinking water shall be adequate in quantity, of a quality which the permit-issuing official approves as complying with at least the applicable requirements of Part 5 of this Title, and shall be readily available to occupants of the property. Drinking water only shall be so delivered or piped as to be easily accessible. Nonpotable water shall not be easily accessible.

(2) A well or spring source of drinking water shall be constructed, located and protected against pollution in a manner approved by the permit-issuing official or the State Commissioner of Health as properly designed against contamination. A pipe, pump or other outlet delivering drinking water shall be of an adequate type and installation, and provisions shall be made for proper disposition of wastewater.

(3) There shall be no physical connection between a pipe carrying drinking water and a nonpotable water supply. Fixtures, installations or equipment from which back-siphonage may occur, shall not be supplied water from a pipe carrying drinking water.

(4) A common drinking utensil shall not be provided. Drinking fountains shall be of adequate sanitary design and construction.

(5) Where a water treatment process is employed, records of such treatment shall be properly maintained on a daily basis and submitted at least monthly to the permit-issuing official, on such forms as he or the commissioner may direct.

(6) Any interruption in treatment of a drinking water supply shall be reported immediately to the permit-issuing official. No change in the source or method of treatment of a drinking water supply shall be made without first notifying and securing the approval of the permit-issuing official.

(7) A minimum water pressure of 20 pounds per square inch, at peak demand, shall be maintained at all points in the distribution system.

(b) Facilities shall be provided and maintained for the satisfactory treatment and/or disposal of sewage. In addition, such facilities shall meet the following requirements:

(1) A plan for proposed new or modified facilities for the satisfactory treatment and/or disposal of sewage shall be submitted to the permit-issuing official or the State Department of Health when the individual system treats a daily flow of less than 1,000 gallons of sewage. Plans for new or modified facilities designed to treat a daily sewage flow of 1,000 gallons or more shall be submitted to the Department of Environmental Conservation for approval.

(2) A permit or approval in writing for the discharge of sewage or sewage effluent as provided by the plans shall be obtained from the permit-issuing official or other official having jurisdiction.

(3) No construction shall be commenced for new or modified facilities for the treatment and/or disposal of sewage until such permit or approval in writing has been received by the operator. Construction shall be in accordance with approved plans.

(4) The presence of inadequately treated sewage on the surface of the ground is prohibited.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-4.6 - Swimming pools and bathing beaches

7-4.6 Swimming pools and bathing beaches

A swimming pool or bathing beach operated as a part or facility of a mass gathering for the use of occupants, guests, invitees or employees shall be constructed, maintained and operated so as to comply with the provisions of Part 6 of this Title.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-4.7 - Engineering report

7-4.7 Engineering report

All applications for a permit to conduct a mass gathering shall be accompanied by an engineering report containing the following information:
(a) The name, age, residence, mailing address and telephone number of the applicant; a statement of the applicant's legal status, such as individual, partnership, corporation, etc. If the applicant is a partnership, state the names and addresses, etc. of all partners; and if a corporation, the names and addresses of all corporate officers and stockholders, together with a certified copy of the articles of incorporation and a list of the names and addresses of all persons directly in charge of the activity.

(b) The location and legal description of the property where the activity is proposed, including all lands to be used directly, indirectly or incidental to the proposed activity or any part thereof; attaching to the application certified copies of documents disclosing the nature of the interest of the applicant relating to such property.

(c) The date or dates and the hours during which the activity, including travel time, is to be conducted and the total time period.

(d) The program and plans of the activity in its entirety, specifying:

(1) detailed plans for parking facilities off public roadways able to serve all reasonable anticipated requirements at a rate of up to 100 passenger cars per acre or 30 buses per acre;

(2) detailed plans for transportation arrangements from noncontiguous parking facilities to the site to fully serve all reasonably anticipated requirements at a rate of no less than 20,000 persons per hour; including a statement from the county sheriff, State police, New York State Department of Transportation or other law enforcement agency certifying that the traffic control plan is satisfactory;

(3) an outline map of the area to be used, to an appropriate scale, showing the location of all privies or toilets and handwashing facilities, all water supply sources (lakes, ponds, streams, wells, storage tanks, etc.), all areas of assemblage, including separate overnight camping areas for sleeping, all food service areas and all refuse storage handling and disposal areas, and emergency access and egress roads;

(4) the total number of persons permitted at the event, including performers, staff members and audience, which shall be determined by providing a net assembly area of at least 50 square feet per person in addition to providing at least 50 square feet per person in a separate camping area for 50 percent of the population;

(5) a plan for limiting attendance, including methods of entering the area, number and location of ticket booths and entrances, and provisions for keeping nonticket holders out of the area;

(6) a statement agreeing to complete all construction and installation of services and facilities including water supply, toilet and handwashing facilities, sewage disposal, roads, food service equipment and refuse handling facilities, and all work for noxious weed and insect control, at least 48 hours prior to the commencement of the event;

(7) a detailed plan for food service, including a description of food sources, menu, mandatory use of single-service dishes and utensils, refrigeration, food handling and dispensing in compliance with Part 14 of this Title;

(8) a detailed plan for use of signs to locate all facilities and roadways;

(9) a statement from local fire authorities having jurisdiction over the area verifying that they are aware of the event and are willing to cooperate if needed;

(10) a detailed plan for emergency situations, including:

(i) food supplies;

(ii) medical supplies, facilities and personnel;

(iii) an evacuation plan; and

(iv) emergency access roads;

(11) a statement from the local civil defense director indicating that he/she has been advised of the event and has approved the plan from a civil defense standpoint;

(12) a command post to be used by State Department of Health personnel and/or the permit-issuing official and his lawful representatives, consisting of a minimum of one building or trailer equipped with a communication system satisfactory to the permit-issuing official;

(13) a statement that, if adult mosquito and biting fly populations are found to be in excess of 15 specimens per trap/night, the applicant agrees to arrange for proper adult mosquito control measures to be instituted no earlier than 72 hours nor later than 48 hours before the advertised start of the gathering in order to reduce such populations to a satisfactory level;

(14) a detailed plan for elimination of noxious weeds 48 hours before commencement of the mass gathering;

(15) detailed plans for security enforcement, including prevention of the unlawful use of alcohol, narcotics or dangerous drugs at the site, methods for limiting the size of the proposed function to the number of participants for which the facilities are designed, and external as well as internal crowd control, including sufficient guards for crowd control and security enforcement; and

(16) a letter or other written document from the appropriate municipal official certifying that the proposed mass gathering site conforms with applicable municipal zoning and planning regulations.

(e) The location and construction of toilet and handwashing facilities designed to serve fully all reasonably anticipated requirements at a rate of no more than 100 persons per toilet seat and 750 persons per handwashing facility, 50 percent of the male toilets to be urinals, and plans for construction and reports, including copies of all rental and service contracts, showing that the construction and operation constitute no threat of pollution to surface or underground water locations, to be attached.

(f) The location and construction of water supply facilities, designed to serve fully all reasonably anticipated requirements at a rate of one pint of potable water per person, per hour, for the maximum estimated hourly attendance. One tap and one drinking fountain shall be provided per 1,000 persons and shall be separately located with adequate soakage pits or drainage. Detailed plans for approval by the permit-issuing official, showing that the water supply meets Part 5 of this Title and laboratory results of both bacteriological and chemical analyses of all new water supply sources, shall be attached.

(g) Detailed plans for internal storage and collection of refuse, including provisions for disposal and cleaning the property and immediate surrounding properties within 48 hours after the event.

(h) Detailed plans for emergency first aid to serve fully all reasonably anticipated requirements. Such plans shall state the arrangements made with hospitals and ambulances in the area, including names and locations, the number of doctors and nurses at the site and on call, and arrangements made with all other medical personnel and facilities, either at the site or on call.

(i) Detailed plans for amplifying equipment designed to control the noise level at the perimeter of the site to no more than 70 decibels on the A scale of a sound level meter which meets the specifications of the American National Standards Institute.

(j) Detailed plans for lighting designed to illuminate the public areas of the site at all times and demonstrating that the lighting will not reflect on any area beyond the boundary of said site.

(k) A plan showing that the proposed activity is adequately buffered from all residential areas within 500 feet.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-4.8 - Liability and property damage insurance

7-4.8 Liability and property damage insurance.

The applicant shall provide evidence of liability and property damage insurance in such form and amount as shall be determined by the permit-issuing official to be reasonable in relation to the risks and hazards involved and in relation to or in any way arising out of the proposed activity, together with a written hold-harmless agreement to the public at large for any loss or damage above and beyond insurance coverage.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-4.9 - Proof of financial resources

7-4.9 Proof of financial resources.

The applicant shall submit proof of financial resources sufficient to execute the plans as submitted.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

Section 7-4.10 - Other Requirements

7-4.10 Other Requirements

Structures at a mass gathering which are available for workers for overnight occupancy shall meet the requirements of Subpart 7-1 of this Title.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete

SubPart 7-5 - Agricultural Fairgrounds

Effective Date: 
Wednesday, May 16, 2018
Doc Status: 
Complete
Statutory Authority: 
Public Health Law Sections 201(1)(l),(m); 225(4) and (5)(a)

Section 7-5.1 - Definitions

7-5.1 Definitions.

(a) Adequate means sufficient to accomplish the purpose for which something is intended, and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted, or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Subpart.

(b) Agricultural fairground means a property where a fair has been conducted, or is proposed to be conducted, in 2001 or any subsequent year by an agricultural society and/or other entities eligible in 2001, or any subsequent year, to receive premium reimbursement pursuant to Section 286 of the Agriculture and Markets Law, including the parcel or tract of land, buildings or other structures, campsites, and food service establishments, temporary or permanent, pertaining thereto.

(c) Agricultural fairground water system means a water system at an agricultural fairground which provides piped water to the public for potable purposes. Such a system may include collection, treatment, storage and/or distribution facilities under the control of the agricultural fairground owner.

(d) Animal waste means any waste product discharged by an animal, including fecal material, urine, other bodily fluid and any wash water, discarded milk, hay, straw, feed and bedding material that has been in contact with or contaminated by such waste product.

(e) Campground means any parcel or tract of land at an agricultural fairground, including buildings or other structures under the control of any person, where five or more campsites are available for temporary overnight occupancy.

(f) Campsite means a portion of an agricultural fairground, with or without connections to water supply, electrical service or sewage systems, used by one camping unit.

(g) Non-public agricultural fairground water system means an agricultural fairground water system that does not receive water from an off-site public water system.

(h) Permit-issuing official means the State Health Commissioner, the health commissioner or health officer of a city of 50,000 population or more, the health commissioner or health officer of a county or part-county health district, or the State district director having jurisdiction, or any county or public health director having all the powers and duties prescribed in Section 352 of the Public Health Law.

(i) Person means an individual, group of individuals, partnership, firm, corporation, association, political subdivision, governmental agency, municipality, industry, estate or any other legal entity.

(j) Potable water means water used for human consumption, food preparation, or handwashing, culinary, bathing or laundry purposes.

(k) Refuse means all putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator residue, street cleanup, dead animals, offal and solid commercial waste.

(l) Sewage means excreta and the waste from a toilet, privy, bath, shower, sink, lavatory, dishwashing or laundry machine.

(m) Uniform Code means the State Uniform Fire Prevention and Building Code, 9 NYCRR Volume B, Subtitle S, Chapter 1.

(n) Water treatment plant shall mean any plant or equipment which, through the addition of chemicals or through aeration, ion exchange, demineralization, coagulation, sedimentation or filtration, or through any other means or combinations of treatment, shall change the physical, chemical, radiological or microbiological quality of water.

(o) Camping cabin means a hard sided tent or shelter less than 400 square feet in area which is on skids or otherwise designed to be readily moveable and which does not have cooking facilities, sinks, showers, laundry or toilet facilities.

(p) Camping unit means a tent, camping cabin, recreational vehicle or other type of portable shelter intended, designed or used for temporary human occupancy.

(q) Recreational vehicle means a vehicular camping unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicles include, but are not limited to, camping trailers, fifth wheel trailers, motor homes, park trailers, travel trailers, and truck campers.

(r) Scavenger equipment means a combination of a portable holding tank, pumping or other waste transfer method, and water tight hose connections, whereby a water tight seal can be made between the sewer connection of a recreational vehicle and a portable holding tank to empty the contents of the recreational vehicle sewage holding tank for transport to an approved sewage disposal system.

Effective Date: 
Wednesday, June 21, 2006
Doc Status: 
Complete

Section 7-5.2 - Application

7-5.2 Application.

The requirements of this Subpart shall apply to all activities and uses at an agricultural fairground and any action by the holder of a permit to operate an agricultural fairground that impacts the agricultural fairground; provided, however, that the requirements of this Subpart shall not apply to an agricultural fairground for which the Commissioner has determined that compliance with these requirements is not necessary to protect public health. In making such determination, the Commissioner shall consider at least the following factors: the nature of the activities at the fairground, the duration of the activities at the fairground, the use of the water system at the fairground, the presence of animals at the fairground, fairground animal waste handling practices, and the extent to which the fairground is subject to the regulations of other governmental agencies.

Effective Date: 
Wednesday, April 10, 2002
Doc Status: 
Complete

Section 7-5.3 - Permit for operation, inspections, access

7-5.3 Permit for operation, inspections, access.

(a) The operation of an agricultural fairground without a permit is prohibited unless the Commissioner has determined, pursuant to Section 7-5.2, that compliance with the requirements of this Subpart is not necessary to protect public health.

(b) Application for permit. An application for a permit to operate an agricultural fairground shall be submitted by a person who owns an agricultural fairground to the permit-issuing official at least 30 days before initial operation or the expiration of an existing permit.

(c) An application for a permit to operate an agricultural fairground may be denied when the applicant has previously failed to comply with one or more requirements of this Subpart, the agricultural fairground is a potential source of danger to the general public or persons at the agricultural fairground, or the agricultural fairground does not comply with one or more requirements of this Subpart.

(d) A permit to operate an agricultural fairground shall be issued for a period of not more than one year from the date of issue. A conditional permit may be issued in recognition of partial use of the fairground facility. A permit shall not be transferable or assignable and shall expire upon a change of the owner of the agricultural fairground, upon the date stipulated by the permit-issuing official or upon its revocation.

(e) Revocation, suspension. A permit to operate an agricultural fairground may be revoked or suspended by the permit-issuing official or the State Commissioner of Health if the agricultural fairground for which the permit was issued is found to have been maintained, operated or occupied in violation of the Public Health Law, the State Sanitary Code, or the sanitary code of the health department having jurisdiction over the agricultural fairground. A permit may be revoked upon request of the permittee or upon abandonment of operation.

(f) Any permit-issuing official, and his or her designees, shall be allowed entry at any reasonable time to inspect any property operated or believed to be operated as an agricultural fairground.

(g) A separate permit for a food service establishment, temporary residence or campground operating within the agricultural fairground shall not be required unless such food service establishment, temporary residence or campground is operated by a person other than the owner of the agricultural fairground.

(h) A permit to operate an agricultural fairground shall be posted in a conspicuous place on the premises.

Effective Date: 
Wednesday, April 10, 2002
Doc Status: 
Complete

Section 7-5.4 - Owner responsibilities and reporting requirements

7-5.4 Owner responsibilities and reporting requirements.

(a) Each owner of an agricultural fairground must submit a report assessing all water sources at their respective fairgrounds. This report shall be prepared by a New York State licensed professional engineer, and must be submitted to the permit-issuing official at least 60 days before any event. This report is not required if the owner of the agricultural fairground can demonstrate that other documentation has been submitted to the permit-issuing official that adequately addresses the required components of the report, as specified in this Section. This report shall address all drinking water sources for agricultural fairgrounds served by a non-public fairground water system and address all on-site water sources for those served by an off-site public water system. It shall include a sanitary survey and historical data and information on source development and quality; distribution system operations, including an assessment of actual and possible cross-connections; wastewater disposal; and solid and animal waste storage, handling and disposal practices, and certifying that any non-potable water supply is adequately separated from the potable water supply and conspicuously labeled as a non-potable water supply. Such report shall identify the location of all on-site structures and buildings, sources of on-site water (potable or non-potable), water distribution systems, wastewater treatment facilities, and solid and animal waste storage and handling facilities, and shall adequately characterize the hydrogeology of the fairground. Such report shall also evaluate the fairground infrastructure’s compliance with this Subpart and identify each aspect on noncompliance and preferred options for compliance.

(b) The owner of an agricultural fairground shall designate an individual to be in charge of the fairground property and to maintain the fairground facilities. Such individual shall be on or available to promptly be on the fairground property at all times when the agricultural fairground is occupied or open for occupancy. The telephone number or other method for summoning this individual shall be posted conspicuously in an area readily accessible by the agricultural fairground occupants.

(1) The agricultural fairground owner or the owner’s designee shall successfully complete an adequate course of instruction with a curriculum including, but not limited to, the operation and/or oversight of agricultural fairground water supplies, sewage disposal, animal waste handling, and food service establishments.

(c) The agricultural fairground owner shall be responsible for operation and maintenance of the fairground infrastructure, including the water supply, sewage disposal, animal waste, toilet and handwashing facilities, in accordance with the requirements of this Subpart.

(d) The agricultural fairground owner must provide a written schedule and description of events for each calendar year to the permit-issuing official at least 30 days prior to the first scheduled event for the year. The schedule may be revised as necessary and the permit-issuing official shall be notified prior to any additional or rescheduled events.

(e) The agricultural fairground owner must require that all food service, campground or temporary residence facilities not operated by the agricultural fairground owner possess a valid permit as required by this Title.

(f) The agricultural fairground owner shall report the following to the permit-issuing official as soon as possible, and no later than 24 hours from the date of the occurrence or date the operator should reasonably have known of the occurrence.

(1) any public health hazard specified in section 7-5.5(b) of this Subpart or any illness suspected to be associated with such hazard; or

(2) any illness suspected to have resulted from consumption of food from a food service

establishment at the agricultural fairground.

Effective Date: 
Wednesday, April 10, 2002
Doc Status: 
Complete

Section 7-5.5 - Enforcement

7-5.5 Enforcement.

(a) Permits and placarding.

(1) A permit-issuing official may order any agricultural fairground operating without a permit to close and remain closed until a valid permit for operation of the agricultural fairground is obtained.

(2) The enforcement procedures delineated in Sections 12, 12-a, 12-b, 16, 206, 225, 229, 308, 309, 1303-1305, and/or 1308 of the Public Health Law shall be used. When a public health hazard is found, that portion of the agricultural fairground where the hazard is located may be placarded to prohibit its use until the hazard is eliminated. When a placard is used, it shall be conspicuously posted at each entrance or walkway leading to the portion of the property where the hazard exists. Concealment, mutilation, alteration or removal of this placard without permission of the permit-issuing official is prohibited. The placard shall state the authority for its placement and indicate that concealment, mutilation, alteration or removal of it by any person without the permission of the permit-issuing official shall constitute a violation of this Subpart and the Public Health Law.

(3) As soon as possible, and in any event within 15 days after placarding an agricultural fairground or portion thereof, the permit-issuing official shall provide the owner an opportunity to be heard and present evidence that the continued operation of the agricultural fairground or placarded portion thereof does not constitute a danger to the health or safety of the public. The hearing shall be conducted by the permit-issuing official or his or her designated hearing officer.

(b) Public health hazards.

(1) A public health hazard is any condition which can be reasonably expected to be responsible for or cause illness, physical injury or death. Any of the following conditions are public health hazards which require the permit-issuing official or his or her designated representative to order immediate correction or to immediately commence an enforcement action as provided by the Public Health Law and/or this Subpart:

(i) the potable water serving the agricultural fairground contains one or more contaminants in excess of one or more maximum levels prescribed in applicable sections of Part 5 of this Title and/or Section 7-5.12(g) of this Subpart;

(ii) use of an unapproved or contaminated water supply source;

(iii) insufficient quantity of water to meet drinking or sanitary demands;

(iv) hazardous or toxic chemical contamination of the potable water supply;

(v) disinfection of the potable water supply which is inadequate to destroy harmful microorganisms or to maintain a specified chlorine residual;

(vi) the presence of cross-connections or other faults in the agricultural fairground’s water distribution or plumbing system which results, or may result, in the contamination of the potable water supply;

(vii) the presence or storage at the agricultural fairground of animal waste which results, or may result, in contamination of a water supply;

(viii) inadequately treated sewage discharging on the ground surface in a location accessible to agricultural fairground occupants which results, or may result in contamination of a water supply;

(ix) if food service is provided by the agricultural fairground owner, the presence of any public health hazard identified in Section 14-1.10(b) or (c) of this Title;

(x) the condition of the electric service, wiring or electrical system components in the camping area is such that an imminent fire or shock hazard exists; and

(xi) any other condition determined by the permit-issuing official to be a public health hazard.

Effective Date: 
Wednesday, June 21, 2006
Doc Status: 
Complete

Section 7-5.6 - Variances and waivers

7-5.6 Variances and waivers.

(a) A variance shall mean permission for an agricultural fairground owner to delay implementation of one or more provisions of this Subpart. In order to obtain sufficient time to comply with a provision of this Subpart, an agricultural fairground owner may submit a written request to the permit-issuing official for a variance. A request for a variance will be granted only if the owner demonstrates that the health and safety of the public will not be prejudiced by the variance, and that immediate compliance with the provision in question would create practical difficulty or hardship. An owner must comply with all of the terms of a variance, and comply with the requirements of this Subpart by the date specified in the variance.

(b) A waiver shall permit the use of alternative arrangements that do not satisfy one or more requirements of this Subpart, but nonetheless protect the health and safety of the agricultural fairground occupants and the public. To obtain a waiver from one or more requirements of this Subpart, an agricultural fairground owner must submit a written request to the permit-issuing official for a waiver from each such requirement; provided, however, that no waiver from the requirement that the agricultural fairground’s on-site water supply be disinfected may be granted. Such request must explain how the alternate arrangements will provide adequate protection of the health and safety of the fairground occupants and public. The permit-issuing official shall obtain the approval of the State Department of Health prior to granting or denying a request for a waiver. An owner must comply with all of the terms of a waiver. A waiver will remain in effect indefinitely unless revoked by the permit-issuing official after a determination that continuation of the waiver would jeopardize public health or a person other than the recipient of the waiver commences ownership of the fairground.

Effective Date: 
Wednesday, April 10, 2002
Doc Status: 
Complete

Section 7-5.7 - Notice of construction, enlargement, development, improvement or conversion required; prior approval

7-5.7 Notice of construction, enlargement, development, improvement or conversion required; prior approval.

(a) Prior to construction of structures for overnight occupancy, a campground or campsites, food service, water and sewage facilities, including alterations, enlargements, conversions, or relocation of such structures, campsites, or facilities, the owner shall submit written notice of intent to the permit-issuing official at least 30 days prior to the commencement of work. The notice shall contain the name of the city, village, or town in which the property is located, the street address of the development, improvement, or conversion, and the name, mailing address, and telephone number of the person giving the notice.

(b) Upon review of the notice submitted in accordance with Subdivision (a) of this Section and to determine whether the proposed construction, enlargement, development, improvement or conversion will be consistent with the requirements of this Subpart, the permit-issuing official may require the submission of plans and specifications for review and approval. No such work shall commence until all required plans and specifications have been approved by the permit-issuing official.

Effective Date: 
Wednesday, June 21, 2006
Doc Status: 
Complete

Section 7-5.8 - Campgrounds and campsites

7-5.8 Campgrounds and campsites.

(a) Campsite space requirements. A campsite shall meet the space requirements specified in either paragraph 1, 2, or 3 below as applicable. An agricultural fairground owner may select one or more of these options when establishing campsite sizes within the agricultural fairground.

(1) The minimum area per site for campsites that existed prior to March 7, 2001 shall be either: 1,500 square feet; or, in compliance with paragraph (2) or (3) of this section.

(2) New campsites constructed and existing campsites modified after March 7, 2001 shall be a minimum of 1,250 square feet. These campsites shall be large enough to allow at least a five foot clearance between the boundaries of the campsite and the exterior surfaces of the camping unit placed on it as well as any add-on structures or appurtenances attached to it, so as to provide for a 10 foot separation distance between camping units on adjacent campsites.

(3) The minimum area per site may be less than the requirements specified in 7-5.8(a)(1) and (2) when:

(i) a separation distance of 10 feet or greater is maintained between camping units including any add-on structures or appurtenances attached to the camping unit; or

(ii) a separation distance of at least 5 feet is maintained between camping units including any add-on structures or appurtenances attached to the camping units; and

(a) Charcoal grills, gas grills or other open flame cooking devices cannot be used within 10 feet of any camping unit.

(b) Bonfires or recreational fires are prohibited on campsites. Such fires cannot be conducted within 25 feet of any camping unit.

(c) Adequate fire extinguishers or other extinguishing equipment shall be readily available to all camping areas. Fire extinguishers, where used, shall be installed and maintained in accordance with the recommendations of the equipment manufacturer and generally accepted standards.

(d) Fire apparatus access roads shall be provided within 300 feet of each camping unit and shall have an unobstructed width of no less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches.

(b) Electrical.

(1) Installation of electrical service, wiring, and fixtures shall conform to the Uniform Code. A certificate of approval provided by a qualified electrical inspector shall be submitted for all new electrical work.

(2) The electrical service, wiring and fixtures shall be in good repair and safe condition. Where conditions indicate a need for inspection, the electrical service and wiring shall be inspected by a qualified electrical inspector, and a copy of the inspection report and certificate of approval shall be submitted to the permit-issuing official.

Effective Date: 
Wednesday, June 21, 2006
Doc Status: 
Complete

Section 7-5.9 - Overnight transient occupancy

7-5.9 Overnight transient occupancy.

Structures at an agricultural fairground not meeting the definition of a camping unit which are available for overnight transient occupancy shall meet the requirements of Subpart 7-1 of this Title.

Effective Date: 
Wednesday, June 21, 2006
Doc Status: 
Complete

Section 7-5.10 - Surface drainage

7-5.10 Surface drainage.

An agricultural fairground owner shall ensure that an agricultural fairground is maintained so that adequate surface drainage is provided during its operation.

Effective Date: 
Wednesday, April 10, 2002
Doc Status: 
Complete

Section 7-5.11 - Food Service

7-5.11 Food service.

All food service operations shall comply with the requirements of Part 14 of this Title.

Effective Date: 
Wednesday, April 10, 2002
Doc Status: 
Complete

Section 7-5.12 - Water supply

7-5.12 Water supply.

(a) An agricultural fairground served by an off-site public water system (as defined in Subpart 5-1 of this Title) must comply with the requirements of Subdivisions (d)(1), (d)(3), (d)(4), (d)(5), (d)(6)(i, iii, and iv), (d)(7), (e), (f), (g)(excluding source water and nitrate/nitrite monitoring), (h), (i), (j)(2), (k), (l) and (m) of this Section.

(b) An agricultural fairground served by a non-public agricultural fairground water system must comply with those requirements of Subpart 5-1 of this Title that apply to non-community water systems and Subdivisions (c), (d)(1), (d)(2), (d)(3), (d)(4), (d)(6), (d)(7), (e), (f), (g), (h), (i), (j), (k), (l) and (m) of this Section. The agricultural fairground owner shall ensure that the agricultural fairground’s water supply complies with all applicable requirements.

(c) Source water.

(1) The only permissible water sources shall be those taken from a ground water aquifer (ground water source) and developed in accordance with Subdivision (d)(3) of this Section; provided, however, an admixture of ground water and surface water or water exposed to the ground surface is not permitted. Shallow well points and dug wells are prohibited.

(d) Planning, siting, treatment and approval.

(1) Siting - Before an agricultural fairground owner initiates construction of a new agricultural fairground water system, the owner shall notify the permit-issuing official and, to the extent practicable, given the topography of the fairground and generally accepted engineering practice, avoid locating part or all of the agricultural fairground water system at a site which:

(i) is subject to a significant risk from earthquake, fire or any other potentially catastrophic event; or

(ii) is within the floodplain of a 100-year flood or is lower than any recorded high tide in the vicinity of the agricultural fairground.

(2) A non-public agricultural fairground water system shall be designed, constructed, located and protected from existing or potential sources of contamination in a manner approved by the permit-issuing official. All non-public agricultural fairground water sources shall be located upgradient of potential sources of contamination and the minimum separation distances between any potential source of contamination and a potable water source shall be as follows:

Potential Contamination Source
Minimum Distance from Potable Water Source
(in feet)
Waste Water Treatment System
Absorption Field
Seepage Pit
1001
1501
Barnyard, Silo, Barn, Gutter, Animal Pen; including any animal waste storage and handling area
100

1When sewage treatment systems are located in coarse gravel, the closest part of the treatment system shall be at least 200 feet away from the well.

(3) Approval of plans and completed works.

(i) No agricultural fairground owner shall make, install or construct, or allow to be made, installed or constructed, an agricultural fairground water system or any addition or deletion to or modification of an agricultural fairground water system until the plans and specifications for such system, or any addition or deletion or modification of such system, have been submitted to and approved by the permit-issuing official.

(ii) Recommended Standards for Water Works, (See Appendix 5-A, infra) 1997 edition, published by Health Research Inc., P.O. Box 7126, Albany, NY 12224 available for public inspection at the offices of the records access officer of the New York State Department of Health, Empire State Plaza, Corning Tower, Albany, NY 12237, shall, in their entirety, be the basis on which all plans and specifications for agricultural fairground water systems will be reviewed and approved. The department may allow deviations from these standards in accordance with procedures and criteria established by the Commissioner.

(iii) The permit-issuing official may approve such plans or require such modification as is necessary to protect public health or safety. Application for plan approval shall be made on a form prescribed by the permit-issuing official.

(iv) An agricultural fairground owner shall receive written approval from the permit-issuing official before placing into service any agricultural fairground water system made, installed, constructed, expanded, reduced or modified pursuant to this section.

(4) Reporting emergencies - interruptions, changes in sources or treatment.  The agricultural fairground owner shall report, or ensure that a person acting on his or her behalf reports, any incident or condition which affects, or may affect, the quantity or quality of the agricultural fairground water supply to the permit-issuing official as soon as possible but in any event no later than 24 hours from the occurrence. There shall be no change made to the source, or method of treatment, of the potable water supply, either temporary or permanent, without first receiving written approval from the permit-issuing official. An adequate supply of potable water must be provided and maintained during all times of agricultural fairground operation.

(5) Adequacy of distribution system. The agricultural fairground owner shall ensure that the agricultural fairground water system is maintained and operated to assure a minimum working pressure of 20 pounds per square inch at ground level at all points in the distribution system. Measurements of pressure shall be obtained from representative points of use.

(6) Providing treatment for agricultural fairground water systems. The agricultural fairground owner shall provide such treatment as necessary to deliver to the consumer a water conforming to the requirements of this section.

(i) Every agricultural fairground water distribution system shall have the capability to provide disinfection for the purpose of annual start-up and/or booster chlorination.

(ii) Minimum treatment for a ground water source shall be disinfection by chlorination in a manner which is adequate to destroy harmful microorganisms and approved in writing by the permit-issuing official. Other disinfection methods the State Commissioner of Health has determined in writing to be of comparable effectiveness shall be permitted.

(iii) The free chlorine residual disinfection concentration in the water entering the distribution system cannot be less than 0.2 milligrams per liter (mg/l) for more than four hours.

(iv) Any on-site disinfection system must have redundant components to ensure continuous disinfection. Auxiliary power with automatic start and alarm is required at all disinfection facilities where a power outage would result in a loss or reduction in the ability of the system to maintain a disinfection concentration as required by this Subpart.

(7) Campgrounds water supply.

(i) Potable water shall be readily available, easily accessible and in a quantity capable of providing at least 55 gallons per day per campsite, which includes water use for toilets, hand washing, showers and individual campsite food preparation and clean-up.

(ii) Potable water shall be provided within 250 feet of all campsites. One water spigot with a soakage pit or other disposal facilities shall be provided for each 10 campsites not provided with individual spigots on the campsites.

(e) Annual start-up. The agricultural fairground owner must ensure and confirm in writing to the permit-issuing official that the following actions have been taken with respect to the agricultural fairgound water system, 15 days prior to the opening of the first event for which the water supply is utilized each year:

(1) All water mains that are not subject to continuous water use shall be adequately flushed and coliform samples shall be collected in accordance with Subdivision (g)(1) of this Section.

(2) All water mains that are not subject to continuous water use shall be disinfected by:

(i) completely filling the main to remove all air pockets, flushing the main to remove particulates, and filling the main with potable water. The potable water shall then be chlorinated by feeding liquid hypochlorite at a constant rate such that the water will not have less than a 25 mg/l free chlorine residual throughout the agricultural fairground water system. After a 24-hour holding period there must be a free chlorine residual of not less than 10 mg/l throughout the agricultural fairground water system; or

(ii) using a disinfection method the State Commissioner of Health has determined in writing to be of comparable effectiveness.

(3) Free chlorine residual disinfection concentrations shall be measured for the two days immediately following the completion of the main disinfection, as prescribed in Subdivision (e)(2) of this Section, at representative points in the distribution system, to ensure chlorine residuals of not less than 0.2 mg/l.

(4) All existing distribution systems shall be surveyed to ensure there are no physical connections between the potable water supply and any non-potable water supply, and any non-potable water supply shall be conspicuously labeled as a non-potable supply.

(5) Any connection to the potable water supply without an air gap shall have at a minimum an anti-siphon valve or vacuum breaker or additional protection sufficient to address the degree of hazard.

(f) Prior to individual event start-up. The agricultural fairground owner must ensure, and confirm in writing, in a monthly operation report to the permit-issuing official, that the following actions have been taken with respect to the agricultural fairgound water system:

(1) All portions of an agricultural fairground water system that are not subject to year-round water use shall maintain a minimum of a .2 mg/l free chlorine residual at representative points throughout the distribution system for at least the two days prior to the opening of each event at the agricultural fairground.

(2) Additional flushing may be required at the discretion of the permit-issuing official when he or she has reason to believe that the chlorine residual has diminished, and the potential exists for a Total Coliform and/or E.coli violation as set forth in Subdivision (g)(1) of this Section or a contaminant may present a risk to public health.

(g) Maximum Contaminant Levels (MCLs) and monitoring frequency.

(1) The agricultural fairground owner must monitor the agricultural fairground water system and ensure its compliance with the MCLs as set forth below:

Nitrate, Nitrite, Total Nitrate and Nitrite, and Microbiological
Maximum Contaminant Levels and Monitoring Requirements
Contaminant

MCL

Monitoring Requirements
Ground Water
Nitrate

10 mg/l (as Nitrogen)

One sample per entry point per year (non-public agricultural fairground water system only)

Nitrite

1 mg/l (as Nitrogen)

One sample per entry point (non-public agricultural fairground water system only)

Total Nitrate and Nitrite

10 mg/l (as Nitrogen)

Separate samples not required. Total of above samples. (non-public agricultural fairground water system only)

Total Coliform

Any positive sample

       Non-public Agricultural Fairground Water System

        Prior to first event of the season:

  • § At all sources and at representative points in the distribution system.1

        During each fairground's operating year, monthly:

  • At representative points in the distribution system.

       During the County Fair held at the fairground, daily (except for the last 2 days of the event):

  • At representative points in the distribution system.

       Off-site Public Water System

        Prior to first event of the season:

  • § At representative points in the distribution system. 1

Escherichia coli (E.coli)

Any positive sample

Any routine total coliform sample or repeat total coliform sample that is coliform positive must be analyzed for Escherichia coli (E.coli)

Total Trihalomethanes (TTHM)

0.1 mg/l

Permit-issuing official's discretion2

    1 Samples must be collected no more than 28 days prior to the first event of the season and the analytical results from those samples must be submitted in writing to the permit-issuing official no less than 14 days prior to the first event.
    2 Permit-issuing official's discretion means that the permit-issuing official may require monitoring when he or she has reason to believe that the MCL has been violated, the potential exists for an MCL violation or the contaminant may present a risk to public health.

    (2) Free chlorine residual disinfection concentrations shall be measured:

    (i) prior to each individual event at representative points in the distribution system; and 

    (ii) daily during each individual event at representative points in the distribution system. 

    (3) Additional monitoring may be required at the discretion of the permit-issuing official, if the official has reason to believe that an MCL has been violated, the potential exists for an MCL violation or a contaminant may present a risk to public health.

    (4) The agricultural fairground owner must submit in writing to the permit-issuing official a monitoring plan for the agricultural fairground water system at least 30 days prior to the opening of the first event of the year. This plan must include a detailed map of all sample locations with a description of each sample point.

    (h) Approved laboratories.

    (1) For determining compliance with this Subpart, only results of analyses performed by an environmental laboratory approved in accordance with Subpart 55-2 of this Title may be considered.

    (2) The agricultural fairground owner shall require the approved environmental laboratory performing such analyses to send laboratory results directly to the permit-issuing official and in a manner prescribed by the permit-issuing official.

    (i) Cross-connection control.

    (1) There shall be no physical connection between the agricultural fairground potable water supply and any non-potable water supply. Any non-potable source of water must be adequately separated from a potable supply and conspicuously posted as non-potable water. Any connection to the agricultural fairground water system without an air gap shall have at a minimum an anti-siphon valve or vacuum breaker. The permit-issuing official may require additional protection from back-siphonage and/or back-pressure sufficient to address the degree of hazard.

    (j) Protection and supervision of agricultural fairground water systems. (1) An agricultural fairground owner shall exercise due care and diligence in the maintenance and supervision of all sources of the agricultural fairground water system to prevent its contamination or depletion.

    (2) An agricultural fairground owner operating an agricultural fairground water system shall exercise due care and diligence in the operation and maintenance of water system facilities and their appurtenances to ensure continued compliance with the provisions of this Subpart. Facilities approved by the permit-issuing official shall be operated in accordance with their design.

    (k) Operation of an agricultural fairground water system.

    (1) The agricultural fairground owner shall employ the appropriate grade of operator to operate the agricultural fairground water system in accordance with the designation of an agricultural fairground water system type listed below:

    Agricultural fairground water system type
    Required minimum operator grade1
    Agricultural fairground water system with on-site groundwater treatment (i.e. filtration and disinfection)
    IIB
    Agricultural fairground water system with on-site disinfection
    C
    Purchases water from a public water system as defined in Subpart 5-1.1 of this Title
    D

    1Requirements as set forth in Subpart 5-4 of this Title.

    (i) The person or persons in charge of the operation of such agricultural fairground water system shall be certified in accordance with the requirements for the certification of community and non-transient non-community water system operators as prescribed in Subpart 5-4 of this Title.

    (ii) An agricultural fairground owner shall keep complete daily records of an agricultural fairground water system when in operation, on forms provided or approved by the department. Copies of such records shall be sent to the permit-issuing official by the 10th calendar day subsequent to each month of operation. These records shall include the results of all tests, measurements or analyses required to be made by this Subpart or requested or ordered by the permit-issuing official.

    (l) Bulk and bottled water supplies.

    (1) Bulk water shall not be used at an agricultural fairground for consumptive or culinary purposes unless such use is expressly permitted by the permit-issuing official. Bulk water supplies, if permitted, shall contain a minimum free chlorine residual of 0.5 mg/l, and shall be secured, transported and transferred by a certified bulk water hauler in accordance with Subpart 5-6 of this Title.

    (2) Neither the owner of an agricultural fairground, nor any operator of a food service establishment at an agricultural fairground, shall sell, offer for sale or deliver bottled water for human consumption, food preparation or culinary purposes unless the bottled water is certified by the Commissioner of Health in accordance with Subpart 5-6 of this Title.

    (m) Drinking fountains at an agricultural fairground shall be of adequate sanitary design and construction.

    Effective Date: 
    Wednesday, May 16, 2018
    Doc Status: 
    Complete
    Statutory Authority: 
    PHL, Secs. 201(l)(l), (m); 225(4) and (5)(a)

    Section 7-5.13 - Sewage treatment/collection

    7-5.13 Sewage treatment/collection.

    An agricultural fairground owner shall provide and maintain facilities for the adequate disposal or adequate treatment and disposal of sewage at an agricultural fairground, and ensure that such facilities meet the following requirements:

    (a) Submission of plans. A plan for a proposed new or modified sewage collection and/or treatment facility shall be submitted to the permit-issuing official at least 30 days prior to beginning construction of such facility.

    (b) Plan approval and construction. A permit or written approval for the sewage collection and/or treatment system plan(s) shall be obtained from the permit-issuing official and/or the New York State Department of Environmental Conservation. No construction of a new or modified sewage treatment facility shall be commenced until all required permits and/or written approvals have been received by the applicant. Construction shall be in accordance with the approved plans.

    (c) The presence of inadequately treated sewage on the surface of the ground is prohibited.

    (d) Privies and portable chemical toilets shall be so located, constructed and maintained that they will not contaminate a water supply, surface water, adjacent ground surface, or permit access of flies or rodents. The contents shall be emptied and/or adequately treated as necessary to prevent discharge to the surface of the ground or to any area readily accessible to patrons.

    (e) At least one sanitary dumping station for each 100 campsites or less, or an acceptable operator-run scavenger service for routine collection of sewage from recreational vehicles must be provided. Information regarding the scavenger equipment and collection schedule shall be submitted to the permit-issuing official for review and approval. Sites with individual sewer connections shall not be counted when determining the required number of sanitary dumping stations. Sanitary dump stations shall not be required at campgrounds for tent use only.

    Effective Date: 
    Wednesday, June 21, 2006
    Doc Status: 
    Complete

    Section 7-5.14 - Toilets and lavatories

    7-5.14 Toilets and lavatories.

    (a) The agricultural fairground owner shall ensure that toilets and lavatories comply with the following requirements:

    (1) adequate toilet and handwash facilities shall be provided; and

    (2) adequate handwash facilities shall be located at any petting zoo and within 100 feet of all areas where the general public is allowed to come in contact with animals. These facilities shall be constructed of easily cleanable materials, and maintained in a sanitary condition and in good repair and adequate signs shall be conspicuously posted indicating the location of handwash facilities.

    (3) at campgrounds, a minimum of four toilets, two per sex, shall be provided within 500 feet of each campsite.

    (i) for every two toilets, one handwash facility shall be provided. Handwash facilities shall be located in close proximity to the toilets.

    Effective Date: 
    Wednesday, June 21, 2006
    Doc Status: 
    Complete

    Section 7-5.15 - Refuse and animal waste, storage and disposal

    7-5.15 Refuse and animal waste, storage and disposal.

    (a) The agricultural fairground owner shall ensure that facilities are provided and maintained for the temporary storage and handling of refuse and animal waste to prevent insect and rodent infestations and contamination of potable water, streams, lakes or other water courses.

    (b) The agricultural fairground owner shall develop and update annually a written plan describing the procedures for temporary storage and handling of refuse and animal waste. The plan must be submitted to the permit-issuing official for approval. The permit-issuing official shall approve the plan after a determination that the plan is consistent with the requirements and objectives of this Subpart.

    Effective Date: 
    Wednesday, April 10, 2002
    Doc Status: 
    Complete