Title: Section 6-2.3 - Application

Effective Date

04/21/2010

6-2.3 Application. (a) The requirements of this Subpart shall apply to all bathing beaches, except:

(1) those owned and/or maintained by an individual for the use of family and friends; and

(2) those, excluding ocean beaches in Nassau County, Suffolk County, and New York City, that are owned and operated by a condominium (i.e., property subject to the Article 9-B of the Real Property Law, also known as the Condominium Act), a property commonly known as a cooperative, in which the property is owned or leased by a corporation, the stockholders of which are entitled, solely by reason of their ownership of stock in the corporation, and occupy apartments for dwelling purposes, provided an "offering statement" or "prospectus" has been filed with the Department of Law, or an incorporated or unincorporated property association, all of whose members own residential property in a fixed or defined geographical area with deeded rights to use, with similarly situated owners, a defined bathing beach, provided such bathing beach is used exclusively by members of the condominium, cooperative apartment project or corporation or association and their family and friends.

(b) Section 6-2.5 of this Subpart shall not apply to bathing beaches maintained and operated as part of a temporary residence or children's camp property subject to the regulations of Subpart 7-1 or 7-2 of this Title.
 

Volume

VOLUME A (Title 10)

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