§ 167.37 General Requirements.

   (a)   All bathing beaches shall be designed and constructed in accordance with the requirements contained in this Code. These standards are applicable to the design of new or modified bathing beaches regulated by this Article. The designing architect or engineer shall certify the structural stability and safety of the facility.

   (b)   Pre-Qualifications for Proposed Beach. A proposed bathing beach shall meet the following pre-qualification requirements for establishing a beach:

      (1)   Site Assessment. A satisfactory approval by the Department for site assessment contained in 24 RCNY Health Code § 167.07(c);

      (2)   Water Surface Area. The water surface where the beach is to be developed shall be at least one acre. In the event that the area is less than four acres with natural flow-through below 100 gallons per bather per day, a source of dilution water of at least 100 gallons per bather per day must be provided in accordance to the water quality requirements prescribed in 24 RCNY Health Code § 167.13;

      (3)   Land Area. At least 35 square feet of land area per bather shall be provided;

      (4)   Bottom Slope. For depths up to four feet, the slope shall be uniform and not exceed 1:10 for greater depths, the slope should not exceed 1:3;

      (5)   Bottom Material. The bottom up to a water depth of six feet shall consist of sand, pea gravel or other similar material;

      (6)   Sewage Discharge. Wastewater discharges from sewage treatment plants, combined sewers or other sources shall be prohibited within 750 feet of the bathing beach;

      (7)   Water Currents. Water currents in the bathing area shall not exceed three feet per second; and

      (8)   Water Quality. Bathing beaches shall meet the water quality standards for bacteriological, physical and chemical quality contained in 24 RCNY Health Code § 167.13.

   (c)   Maximum Permissible Loading. Maximum Bathers. The maximum number of bathers permitted in the shallow water (four feet or less) of a bathing beach shall not exceed one bather per 25 square feet of water surface. In areas of water depth greater than four feet, at least 75 square feet per bather shall be provided.

   (d)   Diving.

      (1)   Diving Platforms. Floating diving piers and fixed platforms shall be constructed with a visible 12-inch air space under maximum feasible load. There shall be as little underwater construction as is consistent with adequate support. All braces and struts shall be designed to prevent entrapment of bathers. For solid flotation devices such as foam blocks, no air space is required.

      (2)   Depth. Diving from rafts, piers or other platforms shall be prohibited, unless a minimum water depth at mean low tide of eight feet is provided and maintained for a distance of at least 10 feet forward of the diving direction. For a diving board or other device three or less feet above the water, the depth at the end of it, and for 12 feet beyond it, shall be 10 feet. For heights above water greater than three feet, the depth at those locations shall be 12 feet and 20 feet beyond it. No diving device more than 10 feet above water shall be installed.

   (e)   Depth Markers and Safety. Except ocean beaches, marker lines with buoys shall be provided at all beaches to designate the perimeter, the shallow and deep-end areas at a depth of three to four feet, the diving area, drop-offs, and radical changes in slopes or underwater obstructions. A separate wading area up to two feet deep, designated by lines, shall be provided. Lines shall have floats at five-foot intervals and be securely anchored, and have buoys no more than 25 feet apart and at point where lines are joined.

   (f)   Safety and Warning Signs.

      (1)   "No Diving" Markers. Clearly visible depth markers shall be provided at all the diving boards, platforms piers, floats and similar facilities, together with warning signs indicating "No Diving" where depth is less than eight feet.

      (2)   Warning Signs. A sign or signs shall be securely posted in a conspicuous place or places at the bathing facility and shall provide the following information:

         (A)   Maximum number of persons permitted at the bathing beach at any time;

         (B)   The hours during which public bathing is allowed, and that entry into water at other times is prohibited; and

         (C)   Beach Closed. "No Swimming and Bathing" signs shall be placed up in areas adjacent to the beach but not open for swimming and bathing, and on the beach during the closed season.

   (g)   Electrical Requirements.

      (1)   All electrical wiring shall conform to Chapter 3 of Title 27 of the Administrative Code of the City of New York, entitled the "Electrical Code" and the National Electrical Code of the National Fire Protection Association, or any successor regulation or code.

      (2)   Overhead Clearance. No overhead electrical wiring, including lights, or plug-in electrical devices, such as portable announcing systems and radios, shall pass within 20 feet horizontally of the bathing beach high water line.

   (h)   Safety Equipment. The bathing beach shall provide the lifesaving and safety equipment identified in 24 RCNY Health Code § 167.21(a), (b) and (c).

   (j)   Emergency Care/First Aid Room. Every bathing beach capable of accommodating 500 bathers shall have a readily accessible room or area designated and equipped for emergency care. The room shall contain the equipment identified in 24 RCNY Health Code § 167.21(d).

§ 167.39 Bathhouses.

   (a)   Materials. Floors of the facility shall be of smooth-finished material with non-slip surfaces, impervious to moisture, cleanable and sloped at least one-fourth inch per foot to drains. Carpeting shall not be permitted in shower and toilet areas or other areas receiving bathers. Junctions between walls and floors shall be coved. Walls and partitions shall be of smooth, impervious materials, free from cracks or open joints. Partitions between dressing cubicles shall maintain at least 10 inches of open space from the floor or shall be placed on continuous raised masonry or concrete bases at least four inches high or on legs with bottom of locker at least 10 inches above the floor.

   (b)   Toilets, Washbasins and Showers. All bathing beach facilities shall be provided with an adequate number of toilets and handwashing facilities.

      (1)   A facility shall provide properly lighted, ventilated and maintained toilets and handwashing sinks and an adequate number of showers or a dressing facility containing toilets and showers.

      (2)   Separate toilet facilities shall be provided for each sex. All toilet facilities shall be provided with soap, paper towels or electrical hand drying units, and covered waste receptacles. Suitable sanitary napkin receptacles shall be provided in toilet facilities used by females.

      (3)   Where showers are provided, they shall be supplied with water at a temperature of at least 90 degrees Fahrenheit and no more than 110 degrees Fahrenheit at a rate of at least 1.5 gallons per minute per showerhead. Thermostatic, tempering or mixing valves shall be kept in good operation to prevent scalding of bathers.

   (c)   Drinking Water Fountains. Where drinking fountains are provided, at least one drinking fountain for each 500 feet distance or for every 1,000 users shall be provided.

      (1)   Fountains shall be of slanting jet type with surrounding guard and non-submersible opening.

      (2)   Fountains shall be supplied with a minimum water pressure of 20 pounds per square inch.

   (d)   Suits and Towels. Where swimming suits and/or towels are provided, these items shall be properly stored and sanitized.

   (e)   Lockers. Lockers, where provided, shall be constructed on solid masonry or concrete bases at least four inches high or on legs with bottom of lockers 10 inches above the floor. Lockers shall be vented.

Article 171: Fumigation and Extermination [Repealed }

Article 173: Hazardous Substances

§ 173.01 Definitions.

When used in this article the following terms shall have the following meanings:

   (a)   Advertisement means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase or use of a hazardous substance.

   (b)   Art material means any substance marketed or represented by the producer or repackager as suitable for use in any phase of the creation of any work of visual or graphic art of any medium. The term does not include substances subject to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, or drugs, devices, or cosmetics subject to 24 RCNY Health Code Article 71.

   (c)   Combustible means having a flashpoint at or above 100 degrees Fahrenheit (37.8 degrees Celsius) to and including 150 degrees Fahrenheit (65.6 degrees Celsius) as determined by the test method described at 16 C.F.R. § 1500.43a or successor regulation.

   (d)   Corrosive means capable of causing destruction of living tissue by chemical action when placed in contact with such tissue but shall not refer to action on inanimate surfaces.

   (e)   Electrical hazard means an article that in normal use or when subjected to reasonably foreseeable damage or abuse may cause personal injury or illness by electric shock due to its design or manufacture.

   (f)   Extremely flammable means that a substance has a flashpoint at or below 20 degrees Fahrenheit (-6.7 degrees Celsius) as determined by the test method described at 16 C.F.R. § 1500.43a, or successor regulation.

   (g)   Flammable means that a substance has a flashpoint above 20 degrees Fahrenheit (-6.7 degrees Celsius) and below 100 degrees Fahrenheit (37.8 degrees Celsius), as determined by the method described at 16 C.F.R. § 1500.43a or successor regulation.

   (h)   Flashpoint means the lowest temperature of a product at standard conditions at which the product's vapors will ignite momentarily when subjected to a flame. Flashpoint temperatures shall be determined pursuant to the procedures set forth in 16 C.F.R. § 1500.43a or successor regulations.

   (i)   Hazardous substance means:

      (1)   Any substance or mixture of substances that is combustible, corrosive, extremely flammable, flammable, highly toxic, an irritant, a strong sensitizer, toxic, or generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause or has caused substantial personal injury, including developmental delay or cognitive impairment, or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;

      (2)   Any substance that the Federal Consumer Product Safety Commission determines is hazardous;

      (3)   Any radioactive substance if, with respect to such substance as used in a particular class of article or as packaged the Federal Consumer Product Safety Commission determines by regulation that the substance is sufficiently hazardous to require labeling to protect the public health;

      (4)   Any toy or other article which the Federal Consumer Product Safety Commission or the Commissioner determines presents an electrical hazard, mechanical hazard, or thermal hazard; and

      (5)   Any substance or product that contains a concentration or amount of lead that may cause or has caused substantial personal injury, including developmental delay or cognitive impairment, or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children. Such products include, but are not limited to:

         (A)   Jewelry that is found to contain more than 100 parts per million of total lead content in accessible parts or a concentration of lead greater than 0.009 percent (90 parts per million) in paint or any similar surface coatings; and

         (B)   Ceramic ware that is not suitable for use with foods because it leaches significant quantities of lead from potential food contact surfaces, as described by U.S. Food and Drug Administration Compliance Policy Guide Sections 545.450 and 545.500. The lead leaching limits for acceptable ceramic ware for use with foods is:
 

Product	Micrograms per milliliter limit
Ceramic ware:
Flatware (average of 6 units)	3.0
Small hollowware other than cups and mugs (any 1 of 6 units)	2.0
Large hollowware other than pitchers (any 1 of 6 units)	1.0
Cups and mugs (any 1 of 6 units)	0.5
Pitchers (any 1 of 6 units)	0.5
Silver-plated hollow ware:
Product intended for use by adults (average of 6 units)	7
Product intended for use by infants and children (any 1 of 6 units)	0.5

 

      (6)   Hazardous substance shall not mean pesticides subject to the Federal Insecticide, Fungicide, and Rodenticide Act or State Environmental Conservation Law; substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house; and source material, special nuclear material, or byproduct materials defined and regulated in applicable federal, state and local law.

   (j)   Highly toxic means any substance which falls within the definition or description set forth in 16 C.F.R. § 1500.3 or successor regulation. If, pursuant to 16 C.F.R. § 1500.4 or successor regulation, available data on human experience with any substance indicates results different from those obtained on animals in the dosages and concentrations specified, human data shall take precedence.

   (k)   Human experience or data shall mean a report or evidence of exposure of one or more persons to a hazardous substance resulting in an adverse effect.

   (l)   Irritant means a substance that is not corrosive which on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction.

   (m)   Label or labeling means a display of written, printed, or graphic matter upon the immediate container of any hazardous substance or, in the cases of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto. A requirement of federal, State or local law that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears (i) on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and (ii) on all accompanying literature where there are directions for use, written or otherwise.

   (n)   Mechanical hazard means an article that in normal use or when subjected to reasonably foreseeable damage or abuse presents an unreasonable risk of personal injury or illness due to its design or manufacture:

      (1)   From fracture, fragmentation, or disassembly of the article;

      (2)   From propulsion of the article (or any part or accessory thereof);

      (3)   From points or other protrusions, surfaces, edges, openings, or closures;

      (4)   From moving parts;

      (5)   From lack or insufficiency of controls to reduce or stop motion;

      (6)   As a result of self-adhering characteristics of the article;

      (7)   Because the article (or any part or accessory thereof) may be aspirated or ingested; (8) Because of instability; or

      (9)   Because of any other aspect of the article's design or manufacture.

   (o)   Strong sensitizer means a substance that will cause a hypersensitivity-type reaction through an immunologically-mediated (allergic) response, including allergic photosensitivity, which offers a significant potential for causing injury and where the allergic reaction typically becomes evident upon reexposure to the same substance.

   (p)   Thermal hazard means an article or thing that in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces due to its design or manufacture.

   (q)   Toxic means a substance, other than a radioactive substance, that

      (1)   Has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface or any substance deemed to be toxic pursuant to the procedures as set forth in 16 C.F.R. § 1500.3 or successor regulation;.

      (2)   Is toxic (but not highly toxic) on the basis of human experience; or

      (3)   Presents a chronic hazard, if it is or contains a known or probable:

         (A)   Human carcinogen;

         (B)   Human neurotoxin; or

         (C)   Human developmental or reproductive toxicant.

(Amended City Record 6/19/2019, eff. 7/19/2019)