New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter I - Housing › Part 4560 - Backstretch Worker Housing › Section 4560.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions are applicable throughout this
						Part:
(a) Adequate means sufficient to
					 accomplish the purposes 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 Part.
(b) Backstretch workers are individuals
					 required to be licensed pursuant to Parts 4002 or 4101 of this Title who are
					 employed to care for horses at any entity that conducts pari-mutuel wagering at
					 a racetrack.
(c) Backstretch worker
					 housing means buildings or other structures pertaining thereto, any part of
					 which may be used or occupied by persons employed as backstretch workers as or
					 relating to housing. Such housing includes sleeping facilities provided in
					 whole or in part by the employer of such persons, the owner of the sleeping
					 facilities, the lessee of the sleeping facilities, or the operator of the
					 sleeping facilities, whether or not there is an express agreement as to the
					 duration of a backstretch worker's stay. Such housing includes bathing and
					 toilet facilities for the use of the occupants. All the facilities do not need
					 to be in the same structure but must be readily accessible to, and under the
					 control of, the occupants.
(d)
					 Executive director means the Executive Director of the Commission or the
					 executive director's designee.
(e)
					 Hot water means water heated or tempered to provide a temperature of 110 to 120
					 degrees Fahrenheit at the point of use.
(f) Potable water means water provided or
					 used for consumption or for washing, showering or cooking purposes.
(g) A public health hazard is any condition
					 that reasonably could be expected to be responsible for illness, physical
					 injury or death. Any of the following violations are public health hazards that
					 require the executive director to order immediate correction or to institute
					 immediate action as provided in the law and in this Part:
(1) The condition of the electric service,
					 wiring or electrical system components is such that an imminent fire or shock
					 hazard exists.
(2) Installation or
					 operation of stoves, including cook stoves or other heat-producing equipment,
					 constituting a fire hazard or creating inadequate venting of fumes.
(3) Failure to provide required fire exits or
					 blockage of a required exit by locking or other obstruction.
(4) Use of construction materials resulting
					 in an imminent fire or structural safety hazard.
(5) A potable water system serving the
					 backstretch worker housing that contains contaminants in excess of the levels
					 prescribed in applicable sections of Part 5 of Title 10 NYCRR.
(6) Treatment of the backstretch worker
					 housing water system that, when required for disinfection or removal of
					 contaminants, is not continuous.
(7) Presence of cross-connections or other
					 faults in the plumbing system that result, or may result, in contamination of
					 the potable water supply.
(8)
					 Inadequately treated sewage discharging on the ground surface in an area
					 accessible to backstretch worker housing occupants, or in a manner that may
					 contaminate food service areas or result in pollution of a ground or surface
					 water supply source.
(9) Storage of
					 hazardous materials, including agricultural chemicals and pesticides or their
					 containers, in a manner that is hazardous to the health or safety of the
					 housing occupants, or contamination of housing by materials that are hazardous
					 to the health and safety of the housing occupants.
(10) Other conditions that constitute a
					 public health hazard.