New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 6 - Swimming Pools, Bathing Beaches And Recreational Aquatic Spray Grounds › Subpart 6-2 - Bathing Beaches › General Provisions › Section 6-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(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 watershed 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 
					 of this Subpart, for Supervision Level 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.