Section 6-2.2 - Definitions

6-2.2 Definitions. (a) Bathing beach shall mean a bathing place, together with any buildings and appurtenances, and the water and land areas used in connection therewith, at a pond, lake, stream or other body of fresh or salt water which is used for bathing or swimming with the express or implied permission or consent of the owner or lessee of the premises or which is operated for a fee or any other consideration or which is openly advertised as a place for bathing or swimming.

(b) Sanitary survey shall mean a survey and an evaluation of the contributory water-shed and bathing area for existing and potential sources of pollution and safety hazards, including but not limited to soil conditions, underwater topography, water movement, submerged and other hazardous objects, water depth in diving area; seasonal or anticipated water level variations, and water quality.

(c) Permit-issuing official 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 public health director having all the powers and duties prescribed in section 352 of the Public Health Law. The permit-issuing official may designate additional persons to act in his behalf to issue permits required by this Subpart.

(d) Bathing shall mean to become partially or totally immersed in water and shall include swimming, wading and diving, but shall exclude fishing, scuba diving and surfboarding.

(e) 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.

(f) Uniform Code shall mean the New York State Uniform Fire Prevention and Building Code, 9 NYCRR Subtitle S, Chapter 1.

(g) Aquatic supervisory staff shall mean, effective May 15, 1993, an individual possessing the qualifications, as found in section 6-2.20, for Supervision Levels I, II, III or IV.

(h) Effective May 15, 1993, supervising lifeguard shall mean an individual, at least 18 years of age, who possesses as minimum qualifications, Supervision Level IIb, and has at least two seasons of adequate lifeguarding experience.

(i) Public Access Defibrillation (PAD) program shall mean a program that complies with Section 3000-b of the Public Health Law, including the availability of an automated external defibrillator, the identification of an emergency health care provider, the development of a collaborative agreement and successful staff completion of training in the operation of an automated external defibrillator.

Effective Date: 
Wednesday, April 21, 2010
Doc Status: 
Complete