New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-2 - CHILDREN'S CAMPS › Section 7-2.1 - Enforcement; public health hazards and other violations

Current through Register Vol. 46, No. 28, July 10, 2024
(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 section
				  7-2.11(a)(1),
				  (5)(iii) or (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 section
				  7-2.11(a) 
				  of this Subpart;
(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.