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This Chapter applies to park playground equipment that is located within a playground operated by or under the jurisdiction of the New York City Department of Parks and Recreation (hereinafter referred to as "Department of Parks").
(Added City Record 6/27/2019, eff. 7/27/2019)
When used in this Chapter, the following terms have the following meanings:
"Minimum distance from the application of pesticide" means how near park playground equipment can be to the spraying of a pesticide without requiring the park playground equipment to be cleaned, pursuant to § 18-148 of the Administrative Code.
"No observed adverse effect level" means the highest exposure level of a chemical at which no harmful effects have been seen in research and scientific studies, and which represents the common benchmark used by the Federal environmental protection agency and the food and drug administration for risk classification and assessment of chemicals, including pesticides.
"Playground" means an outdoor area open to the public where children play, which contains play equipment such as a sliding board, swing, jungle gym, or see-saw, or which is designated as a play area.
"Park playground equipment" means playground equipment which is located within a playground operated by or under the jurisdiction of the department of parks, including those for which the department of parks has an agreement with a conservancy or other not-for-profit organization with respect to operation of any aspect of a playground.
"Pesticide" means:
(a) any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest; and/or
(b) any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
(Added City Record 6/27/2019, eff. 7/27/2019)
Park playground equipment located less than a minimum distance of 30 feet from the application of pesticides using standard ground spraying equipment or 80 feet from the application of pesticides using ultra low volume spraying must be cleaned, except that such cleaning is not necessary if the pesticide is applied in an amount that could not reasonably exceed any "no observed adverse effect levels" associated with its chemical ingredients.
(Added City Record 6/27/2019, eff. 7/27/2019)