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(a) (1) Children under the age of 24 months must be located on the ground level of the camp.
(2) No camps receiving a first permit after January 1, 1989, shall allow children under six years of age to utilize any rooms, areas or other spaces above the third floor of a building, except that the Department may allow camps to occupy spaces above the third floor where the NYC Department fo Buildings and Fire Department (FDNY) or other appropriate government entities have approved such use and the Department has approved the applicant or permittee's evacuation plan.
(b) Fire protection.
(1) The camp director shall be responsible for the regular inspection of all fire protection facilities and equipment of the camp.
(2) If water under pressure is available, adequate lengths of hose for fire fighting shall be provided.
(3) Fire extinguishers and other suitable fire fighting equipment shall be placed at strategic and easily accessible points.
(4) Containers for gasoline, kerosene and other inflammable materials shall be properly marked and stored in a properly vented and locked building not occupied by campers or staff at a safe distance from program buildings and sleeping quarters. Such materials shall be used only under qualified supervision.
(5) Fire drills shall be held within the first 48 hours of each camping session and periodically thereafter in accordance with the fire safety plan. A log with drill dates and times must be maintained and verified by the camp director. It must be available for inspection at all times.
(6) The means of egress from all structures shall be maintained in an unobstructed, easily traveled condition at all times, and protected from hazardous areas such as heating plant, kitchen and inflammable storage.
(7) All tents housing five or more persons shall be of the fiber-impregnated flame-retardant variety or equivalent.
(8) Fire extinguishers and other fire fighting equipment acceptable to the Department shall be provided, inspected and tagged by the camp operator prior to the camp season. The equipment shall be maintained in operating condition at all times.
(9) Means of egress from buildings used for sleeping quarters by 30 or more persons shall be protected by a minimum of three-quarter hour fire-resistant construction. The Department may issue a variance for one-story buildings having direct outside exits from each sleeping quarter.
(10) Buildings used for sleeping 50 or more persons, or buildings two stories or more in height used for sleeping shall have a fire alarm system, that when activated sounds an alarm which can be heard throughout the camp. However, buildings three stories or more in height used for sleeping shall be protected with an automatic fire detection system including smoke detectors installed in corridors, assembly areas, storage rooms, stairways and heat detection devices installed in kitchens.
(11) Sleeping quarters with an occupancy of 15 or more persons shall be provided with at least two separate means of egress located as far apart as practical. Each door shall swing in the direction of egress. Windows in a sleeping quarter two stories or less in height may be substituted for one approved exit, provided the sill is not more than three feet above the floor and the drop from the windowsill to an unobstructed area on the ground is less than 14 feet.
(12) Two separate means of egress shall be provided from each floor of a multistory building. In buildings constructed prior to September 1, 1978, dead end corridors up to 35 feet in length are acceptable. An exitway shall lead to an outside exterior stairway that complies with the State Building Construction Code or to an interior smoke-tight passageway having a minimum of three-quarter hour fire-resistant construction and leading to the outdoors at grade. Stairs extending beyond two occupied floors shall have a self-closing, tight door at each floor level.
(13) Except for an individual room, a door containing hardware and forming part of a means of egress shall be non-locking against egress and operable with a single motion in the direction of egress. The use of nooks and eyes, bolts, bars and similar devices is prohibited; widths of exit doors shall be a minimum of 28 inches.
(14) All assemblage areas, including a recreation room, dining hall or chapel, shall have at least two means of egress acceptable to the Department and doors shall comply with the requirements of subdivision 14 of this subsection.
(15) Exits from a room occupied by 15 or more persons, or exits not readily visible to the occupants, shall be identified by lighted exit signs, including directional signs where needed.
(16) Emergency lighting shall be provided for halls, stairways and exit signs where required by the Department.
(c) Camp equipment. Camp equipment shall be of safe design, properly installed and kept in good order and repair.
(d) (1) No person shall modify, develop or convert a property for use as a children's camp without first notifying the Department at least 30 days before construction commences. The notice shall give the name and location of the property, a brief description of the facilities to be provided, and the name, telephone number and mailing address of the person giving notice. The notice shall be supplemented by additional information including plans or sketches as requested by the Department. Construction shall not start prior to the required approval of the plans or sketches by the appropriate regulatory official.
(2) All new construction including alterations, enlargements and improvements shall be in accordance with the New York State Uniform Fire Prevention and Building Code 9 NYCRR (Executive (B) Subtitle S, Chapter I), the provisions of the State Environmental Quality Review Act or the New York City Building Code, whichever is stricter. The building permit and certificate of occupancy shall be readily available for review and submission to the Department. A written statement signed by a registered architect or professional engineer certifying construction compliance with the State Uniform Fire Prevention and Building Code shall be submitted to the Department prior to occupancy of all new construction.
(e) Housing maintenance.
(1) A building or structure of a children's camp shall be safe, adequate in size for its use, clean, and have watertight roof and sides. However, a lean-to or an open recreational facility, which excludes rain from occupied portions of the structure, may be used as a shelter.
(2) Heat, light and ventilation. Windows or skylights having a minimum total area within the casement equal to 10 percent of the floor area shall be maintained in all occupied rooms; at least 40 percent of the window shall be openable. Artificial in lieu of natural lighting and mechanical ventilation may be provided in toilet rooms.
(3) Camps occupied between October 1 and May 1 shall have at least one building with heating facilities for emergency use.
(4) Heating. Stoves or other heat sources, where provided shall be installed and maintained in accordance with the manufacturer's instructions to avoid fire hazards and dangerous concentrations of fumes or gas. Water heaters shall not be installed in sleeping quarters.
(5) Camps which enroll children 10 years of age or under shall ensure that all windows are safely guarded, except windows giving access to fire escapes or a window on the first floor that is a required means of egress from the premises.
(6) There must be no peeling lead-based paint or peeling paint of unknown lead content on any surface accessible to children under 6 years of age.
(f) Location and grounds. A children's camp shall be so located that adequate surface drainage can be provided during the period of operation and so that adequate soil and space will permit the installation and operation of proper sewage disposal system and/or water system, unless other provisions are made acceptable to the Department.
(g) Food sanitation.
(1) All supervisors of food operations at all camps shall successfully complete a food protection course approved by the Department as specified in 24 RCNY Health Code § 81.15.
(2) All food storage, preparation and service operations conducted by the camp permittee shall be in accordance with 24 RCNY Health Code Article 81 provided, however, that the camp permittee shall not be required to obtain an additional permit to operate a food service establishment.
(3) If food is not prepared on premises, is catered, or campers are permitted to bring food from home for lunches and snacks, or food is carried off-site on trips, facilities shall be provided to maintain potentially hazardous foods at temperatures required by 24 RCNY Health Code § 81.09,
(i) All foods shall be protected from contamination at all times.
(ii) All foods shall be prepared, processed or packed with sanitary utensils and equipment.
(iii) Packaged foods shall not be stored in direct contact with ice or water if packaging allows entry of water.
(iv) Raw fruits and vegetables shall be thoroughly washed with potable water before service.
(v) Ready to eat foods shall be protected from bare hand contact. Utensils, sanitary gloves, or other barriers shall be provided and used to eliminate bare hand contact.
(h) Toilets; showers; running water.
(1) For overnight camps, the following facilities shall be provided: one toilet or privy seat for each 15 males or less, plus one urinal for each 30 males or less; one (1) toilet or privy for each 15 females or less; at least one (1) lavatory with water under pressure for each 20 occupants or less, or other handwashing facilities acceptable to the Department.
(2) At all non-overnight camps the ratio of toilet or privy seats per camper may be one for each 30 females and one for each 60 males including one urinal for each 60 males. In addition, a minimum of one lavatory shall be provided for each 40 campers; showers are not required.
(3) Overnight camps shall provide showers with water under pressure heated to between 90 and 100 degrees Fahrenheit, and one shower head for each 20 occupants or less, shall be provided.
(4) Toilets, privy seats and lavatories as specified above shall be provided within 200 feet of the sleeping quarters; however, no privy shall be located within 50 feet of any sleeping room, dining room, mess hall or kitchen.
(i) Sleeping quarters.
(1) Every bed, mattress and related sleeping accessories provided by the operator, shall be clean and in good condition at the time of issue; clean sheets and pillow-cases shall be provided weekly. Laundry facilities shall be available when campers and staff provide their own linens.
(2) A minimum clear space of 27 inches above the sleeping surface of a bed, and six feet between heads of sleepers, shall be maintained; triple-decker beds are prohibited.
(3) In sleeping quarters housing more than four persons, 40 square feet of floor area per individual shall be provided to accommodate a bed, for storage of personal belongings and space for aisles and ready exit in case of fire.
(4) The Commissioner may waive any requirement setting a minimum standard of floor space per camper in a camp sleeping quarters in accordance with the State Public Health Law and the regulations pursuant thereto.
(5) An undivided room shall not have more than 35 occupants.
(6) A sleeping room shall have minimum clear height of five feet above the floor area, and at least 80 per cent of the floor area shall have a continuous minimum clear height above it of seven feet. The walls shall extend from the floor to the ceiling or roof, or to a minimum height of eight feet.
(7) At least one adult counselor shall be present during sleeping hours on every level of a building used for sleeping.
(8) Toilets and hand wash sinks must be installed at a height that allows unassisted use by children. If adult-size toilets or hand wash sinks are in place, platforms with easily cleaned surfaces must be provided for use by children. Such platforms must be securely affixed to a permanent structure and free of hazards.
(j) Other environmental controls.
(1) Hazardous materials. Agricultural, commercial or household pesticides and toxic chemicals shall be stored and/or used to cause no air, surface water or ground water pollution or be hazardous to the occupants of the camp. They shall be stored in their original containers in areas designated for such use.
(2) Vector and vermin control. The premises are to be free of insect and rodent infestation that may cause a nuisance or health hazard. Bats shall be excluded from living areas of occupied buildings.
(3) Refuse storage and disposal. Refuse shall mean solid wastes. Facilities shall be provided and maintained for the storage, handling and disposal of refuse to prevent nuisance conditions, insect and rodent infestations and pollution of air and water.
(4) No animals suspected of carrying a communicable disease shall be kept in camp. Animals kept in camp shall comply with applicable requirements of the NYS Environmental Conservation Law and/or the Agriculture and Markets Law.
(Amended City Record 12/26/2019, eff. 1/25/2020)
(a) A camp health program must be maintained under the supervision of a camp health director and must include: the keeping of comprehensive health records, including records of physical examinations and immunizations of each child and each staff or volunteer; information indicating appropriate and adequate food and nutrition for campers and staff; emergency plan; first aid procedures; plan for reported accidents; search and rescue for lost, missing and runaway persons; daily observation of the children; daily check of food service and food service facilities and adequate cleanliness and maintenance of all facilities.
(b) Prior to or at admission, the camp director must obtain and maintain from every child in camp required medical records that includes a thorough medical examination by a licensed physician dated within 1 year prior to admission to camp. Such record must include a signed statement containing a summary of the results of the examination, the past medical history and, if a disease or abnormal condition is found, recommendations for exclusion or treatment of the child, or any modifications of diet or activities. In addition, each camper medical record must include the children's immunization record which must include proof of immunization against diphtheria, tetanus, pertussis, poliomyelitis, measles, mumps, rubella, varicella, hepatitis B, pneumococcal disease and haemophilus influenzae type b (Hib). A child may be exempted from this immunization requirement for CDC Advisory Committee on Immunization Practices (ACIP)-recognized medical contraindications, or other nationally-recognized evidence-based guidelines, upon submission of appropriate documentation from a physician licensed in the State of New York. Documentation of immunizations and exemptions must be kept on site and made available to the Department immediately upon request. If such records are maintained electronically, Department staff must be allowed to access such records while on-site. Proof of required child immunizations must be made available for review by the Department immediately upon request and must be established by:
(1) A certificate of immunization prepared and signed by a physician licensed in the State of New York documenting that the child has been fully immunized against the diseases listed in this subdivision. The certificate of immunization must specify the products administered and the dates of administration. It may also show verified history of varicella disease and/or laboratory evidence of immunity to measles, mumps, rubella, varicella and Hepatitis B. A record issued by NYSIIS, the CIR, an official immunization registry from another state, an electronic health record, and/or an official record from a foreign nation may be accepted as a certificate of immunization without a health practitioner's signature.
(2) Documentation that the child is in process of receiving an immunization for which the child is not fully immunized, as follows:
(i) a child has received at least the first dose in each immunization series required by this subdivision (except in the case of live vaccines in which a child should wait 28 days after one live vaccine administration before receiving another live vaccine, if the vaccines were not given on the same day) and has age-appropriate appointments to complete the immunization series according to the ACIP Recommended Immunization Schedules for Persons Aged 0 through 18 Years;
(ii) a child is obtaining serologic tests within 30 days of notification of the parent/guardian that such testing is requested; or
(iii) a child's serologic test(s) are negative, and therefore the child in question has appointments to be immunized within 30 days of notification of the parent/guardian to complete, or begin completion, of the immunization series based on the ACIP Recommended Immunization Schedules for Persons Aged 0 through 18 Years.
(3) Children who are not fully immunized can only continue to attend camp if they are in the process of completing the immunization series based on the ACIP Recommended Immunization Schedules for Persons Aged 0 through 18 Years. If a child does not receive subsequent doses of vaccine in an immunization series according to the age appropriate ACIP catch-up schedule, including at appropriate intervals, the child is no longer in process and must be excluded from camp within 14 days.
(4) No owner, operator, or director of a camp shall permit any child to attend such camp without appropriate documentation of the immunizations required by this subdivision, except as provided for in this subdivision.
(c) All staff, including volunteers and kitchen and maintenance staff, must have had a medical examination dated within 2 years of working with the camp, indicating that they are physically able to perform their camp duties. The Department may require testing for tuberculosis at any time of any staff or volunteer when such testing is deemed necessary for epidemiological investigation.
(d) Each camp must provide in their written safety plan, the location and contact information to the nearest hospital, clinic, urgent care or doctor's office, as close as possible to the camp where children or staff can be taken in case of serious injury or illness.
(e) Necessary emergency medical care. When a child or staff is injured or becomes ill under such circumstances that emergency care is needed, the permittee must obtain such emergency medical care in accordance with the requirements of this section and immediately notify the person's parent, guardian or emergency contact.
(1) Each permittee must:
(i) at the time of the child's admission into the program, obtain written consent from a parent or guardian authorizing the permittee or other caregivers to obtain emergency health care for the child; and
(ii) secure emergency care when needed, and notify a parent or guardian immediately, and
(iii) arrange for any needed transportation of any child in need of emergency health care and ensure that the required staff/child ratios are maintained for the children remaining in the program.
(2) Where a parent or guardian has provided written consent, medical authorization and training to designated staff, such designated staff may administer asthma inhalers, nebulizers and epinephrine auto-injectors to children.
(3) Where a parent has provided a written, individualized health care plan indicating the specific medications that can be administered and the schedule of such administration(s) for their child, including in cases of emergency, and there is a direct conflict between such plan and any provision of this section, the permittee must follow the child's individualized health care plan.
(4) The camper's and staff's family contact or other responsible person's name, address, and telephone number to notify during an emergency must be kept on file.
(f) All camper and staff injuries, illnesses, and diseases and conditions reportable to the Department in accordance with 24 RCNY Health Code Article 11, must be reported to the camp health director and recorded in the medical log, including the date and time of the illness or injury, nature of complaint, diagnosis, treatment, disposition of case, area in camp where the accident causing the injury occurred, activity in which accident victim was engaged and tool or item of program equipment or other object causing injury.
(g) Within 24 hours, any of the following must be reported by the camp to the Department:
(1) all camper and staff injuries or illnesses which result in death or which require resuscitation or admission to a hospital;
(2) all instances where epinephrine was administered to a staff member or camper;
(3) camper injuries to the eye, head, neck or spine which require referral to a hospital or other facility for medical treatment;
(4) camper injuries where the victim sustains 2nd or 3rd degree burns to 5 percent or more of the body;
(5) camper injuries which involve bone fractures or dislocations;
(6) camper lacerations requiring sutures or glue;
(7) allegations of camper abuse or neglect (as defined in 24 RCNY Health Code § 48.25(a)(3)(i));
(8) all camper and staff illnesses suspected of or confirmed as being water-, food- or air-borne, or spread by contact;
(9) any persons exposed to rabies; and
(10) any lost campers.
(h) The camp director must isolate and exclude any child or staff member who is suspected or confirmed with, or has been exposed to, a communicable disease requiring isolation or exclusion under 24 RCNY Health Code Article 11. Any child or staff member who has been excluded must not be permitted to return to the camp without a written statement from a health care provider indicating that the child or staff member is free from such disease in communicable form and that the period of isolation or exclusion required by 24 RCNY Health Code Article 11 has ended.
(i) At all camps, there must be a current and fully-equipped first aid cabinet with appropriate contents relative to the size and activities of the camp and ability to contact 911. All camps which travel from their home base must carry with them a first aid kit that must be stocked to treat a broad range of injuries and situations commensurate with the number of children present.
(j) An infirmary having hot and cold running water, examining room, isolation area, convalescent space, bathroom with flush toilets and showers must be provided at all camps with 100 or more persons in residence, including staff.
(k) In all non-overnight camps, a quiet place must be set aside away from the group where a child with a minor illness or injury can relax with an adult counselor in attendance.
(Amended City Record 12/26/2019, eff. 1/25/2020)
(a) All camp premises shall comply with all applicable provisions of the Building Code (Administrative Code) of the City of New York and the Zoning Regulations of the City of New York.
(b) No camp premises shall be operated or maintained unless the operator has obtained:
(1) a certificate of occupancy; or when such certificate is not required by the Administrative Code, a statement from the Department of Buildings that the camp premises comply with all applicable laws enforced by such Department; and
(2) a statement from the New York City Fire Department that the camp premises comply with all applicable laws and regulations pertaining to fire control and the fire prevention directives of the New York City Fire Department.
(c) All electrical services shall comply with the Administrative Code of the City of New York and the rules and regulations of the New York City Department of Public Works, Bureau of Gas and Electricity. Swimming pool facilities shall comply with the applicable provisions of 24 RCNY Health Code Article 165 and shall also comply with the requirements of the New York City Building Code (Administrative Code) and Zoning Regulations.
(d) All new electrical wiring and lighting fixtures shall be installed by a licensed electrician in accordance with the New York City Building Code or the National Electric Code of the National Fire Protection Association, whichever is stricter, and all existing electrical service, wiring and fixtures shall be in good repair and safe condition. Where conditions indicate a need for inspection and on a new or remodeling project, the electrical service and wiring shall be inspected by a qualified electrical inspector and a copy of the certificate of approval shall be submitted to the Department.
(e) Camp drinking water facilities shall comply with 24 RCNY Health Code Article 141. Common drinking utensils are prohibited. Drinking fountains when provided shall be in accordance with the New York State Uniform Fire Prevention and Building Code.
(a) Adequate insurance coverage must be obtained prior to the camping season and must include workers' compensation and disability insurance for the camp staff, comprehensive liability and motor vehicle insurance on camp vehicles.
(b) Camp transportation units shall be covered by minimum liability insurance of $100,000 for death or injury to any one person and $500,000 for two or more persons.
(c) A camp shall also carry a non-owner policy for all transportation units used but not owned by the camp.
(d) Every vehicle used for transporting staff or campers shall comply with the regulations of the Department of Motor Vehicles and State Department of Transportation and be equipped with at least a first aid kit, tools, fire extinguishers and flares.
(e) In addition, the camp shall arrange for the purchase of accident and health insurance at a minimum coverage of $1,000 for accidents and $300 for illness for each staff member and campers.
(f) All Children's Traveling Summer Day Camps shall arrange for purchase of accident and health insurance at a minimum coverage of $5,000 for accident, $1,000 for illness for each staff member and camper, and shall have a minimum liability insurance of $100,000 for death or injury to one person.
(g) All Summer Day Camps, Children's Overnight Camps, and Children's Traveling Summer Day Camps shall provide the New York City Department of Health with name, address and telephone numbers of the insurance company, including the amount of coverage for campers and staff.
(Amended City Record 12/26/2019, eff. 1/25/2020)
(a) All transportation equipment shall be maintained in a safe operating condition and shall bear the required inspection sticker of the New York State Department of Motor Vehicles or, where required, the inspection sticker of the New York State Department of Transportation and be equipped with at least a first aid kit, tools, fire extinguisher and flares.
(b) All operators of vehicles for camps shall be at least 18 years old, shall possess a current valid driver's license and have at least one year's driving experience as a licensed operator.
(c) All bus operators shall have a current valid chauffeur's license, be physically capable of handling equipment and have driving records free from serious accidents and violations.
(d) While children are being transported by private conveyance, they shall be under the supervision of at least two staff members at least eighteen years of age in addition to the driver.
(e) No camp operator shall knowingly permit any child to embark for, or depart from, the camp premises unless at all times accompanied by a parent, legal guardian or adult counselor.
(f) A truck shall not be used as a means of transporting children except in the cab.
(g) Drivers of vehicles should not be counted as staff members and should never be used to supervise children.
(h) Children's Traveling Summer Day Camp and Municipal Traveling Summer Day Camp must receive written permission from camper's parents or legal guardians to be transported (by public or private transportation) on a regular schedule to a facility, site or property for the purpose of organized group activities.
(i) The camp operator of a Children's Traveling Summer Day and Municipal Traveling Summer Day Camp shall be responsible for instituting a program of accountability for each child on trips and shall have regular checking of children by roll call after each rest or activity stop or whenever potential problems concerning accountability for presence of each child may arise.
(j) The operator of a Children's Traveling Summer Day Camp and Municipal Traveling Summer Day Camp shall be responsible for the safety of the children from Home Base to the camp site and be accountable for the safe delivery of all campers to their respective home at the end of every camping day.
(k) No camper in a Children's Traveling Summer Day Camp or Municipal Traveling Summer Day Camp shall be left or released to the care of any person other than a parent, legal guardian or any other person so designated legally or in writing by the natural parent or legal guardian of said child at the end of every camping day.
(l) Before any child may be transported in a motor vehicle where such transportation is provided or arranged for by the camp permittee, the camp must ensure all children are secured in child safety seats properly installed per manufacturers' recommendations, or with safety belts, as appropriate for the age of the child in accordance with the requirements of the NYS Vehicle and Traffic Law.
(Amended City Record 12/26/2019, eff. 1/25/2020)
(a) As used in this section, the following terms have the following meanings:
(1) "Developmental disability camp health director" means a physician, physician assistant, nurse practitioner, registered nurse or licensed practical nurse and who must be on-site for the period the camp is in operation.
(2) "Justice Center" means the Justice Center for the Protection of People with Special Needs, as established pursuant to § 551 of the NYS Executive Law.
(3) Reportable incidents include, but are not limited to, the following:
(i) allegations of "Abuse or Neglect", which includes, but is not limited to, those actions by camp staff that:
(A) satisfies the definitions of "physical abuse", "sexual abuse", "psychological abuse", "deliberate inappropriate use of restraints", "use of aversive conditioning", "obstruction of reports of reportable incidents", "unlawful use or administration of controlled substance" and "neglect", as such terms are defined in § 488 of the NYS Social Services Law.
(B) are actions incorporated within the definitions of "unauthorized seclusion," "unauthorized use of time-out," "administration of a prescribed or over-the-counter medication, which is inconsistent with a prescription or order issued by a licensed, qualified health care practitioner, and which has an adverse effect," and "inappropriate use of restraints," as such terms are defined in § 488 of the NYS Social Services Law.
(ii) allegations of a "Significant Incident", which means an incident (other than an incident of abuse or neglect as defined by clause (i) of paragraph (3) of this subdivision) that because of its severity or the sensitivity of the situation may result in, or has a reasonably foreseeable potential to result in, harm to the health, safety, or welfare of a camper with a developmental disability. A significant incident includes, but is not limited to:
(A) conduct between campers with developmental disabilities that would constitute abuse, as defined in this subdivision, if it had been conducted by a camp staff member; or
(B) conduct by a camp staff member which is inconsistent with the individual treatment plan for a camper with a developmental disability, generally accepted treatment practices and/or applicable federal or state laws, regulations or policies, or impairs or creates a reasonably foreseeable potential to impair the health, safety or welfare of a camper with a developmental disability.
(4) "Personal representative" means a camper's parent, guardian, or person authorized to act on behalf of a camper with a developmental disability in making health care decisions.
(b) Staff and supervision requirements.
(1) The camp director, who may also be the camp operator, must possess a bachelor's degree from an accredited program in the field of physical education, recreation, education, social work, psychology, rehabilitation or related human services fields and must present evidence of specialized training or 1 year of experience in treating or working with individuals with a developmental disability.
(2) A camp director does not have to meet the requirements of paragraph (1) of this subdivision if:
(i) The individual was a camp director for a camp for developmentally disabled campers during each of the 3 camping seasons preceding the 1986 camping season; and
(ii) Conditions at the camp did not threaten the health or safety of campers during that person's tenure as camp director; and
(iii) The individual otherwise meets the minimum qualifications for a camp director, as set forth in 24 RCNY Health Code § 48.09.
(3) The camp director, or any camp staff, must not be on the Justice Center Staff Exclusion List (SEL) established pursuant to § 495 of the NYS Social Services Law.
(4) The camp director must develop a written staff training program appropriate to the specific needs of the campers with developmental disability enrolled in the camp.
(5) Camp staff providing direct care of a camper with a developmental disability must be trained on the specific needs of the campers in their charge.
(c) Medical requirements.
(1) Prior to or at enrollment, a camp director must obtain existing individual treatment, care and behavioral plans for campers with a disability, which must be maintained, reviewed and monitored by the developmental disability camp health director.
(2) The developmental disability camp health director must ensure that camp staff implement adequate procedures to protect the health and safety of a camper based on the treatment plan provided and, when necessary, in consultation with an individual's parent, guardian, personal representative, physician and/or clinical team.
(3) Modified diets, use of any specialized devices and/or other special needs related to a camper's disability, must be identified for each camper prior to arrival at camp, and provided for in accordance with supplied directions, and reviewed and monitored by the developmental disability camp health director.
(4) The confidential medical history for a camper with a disability must, in addition to the requirements of 24 RCNY Health Code § 48.17, include:
(i) Any restrictions, allergies, medications, special dietary needs, and other pre-existing medical, physical or psychological conditions and illnesses needing attention.
(ii) The camper's physician's name, address and telephone number.
(d) Recreational safety.
(1) All appropriate recreational activities must be accessible by providing ramps, proper surfaces for movement, and/or adaptive equipment.
(2) The minimum counselor-to-camper ratio who use a wheelchair, adaptive equipment or bracing to achieve ambulation, but who do not possess, for whatever reason, the ability to fit, secure or independently manipulate such devices to achieve ambulation, shall be 1:2.
(3) The minimum counselor-to-camper ratio during swimming pool and bathing beach activities shall be 1 counselor for each camper who is non-ambulatory or has a disability identified by the camper's parents, guardian, physician or residential care provider that may result in an increased risk of an emergency in the water, such as uncontrolled epilepsy.
(4) The minimum counselor-to-camper ratio during swimming pool and bathing beach activities shall be 1 staff member for every 5 campers with a developmental disability not designated in paragraph (3) of this subdivision.
(5) No camper with a developmental disability can participate in swimming activities unless a written permission statement signed by the camper's parent, guardian or residential care provider is on file at the camp.
(6) The camp safety plan approved under 24 RCNY Health Code § 48.11 must contain a procedure to address the handling of seizures, gag syndrome, and aspiration of water for campers with developmental disabilities. All bathing beach and swimming pool staff must be trained to implement the procedure prior to the date the camp begins operation. In-service training using this procedure must be conducted and documented every 2 weeks after the commencement of the camp's operation or as otherwise approved by the Department in the camp's safety plan.
(e) Transportation.
(1) A camp serving wheelchair-bound campers must provide an adequately-equipped vehicle for transportation.
(2) There shall be at least 1 counselor in addition to the driver in any vehicle transporting campers with a developmental disability or as provided in the camp safety plan approved under 24 RCNY Health Code § 48.11.
(f) Toilets, privies, lavatories, showers. All lavatories and showers used by a camper with a disability must be equipped with specialized fixtures, grab bars or other controls appropriate for the camper's disability. Lavatories and showers used by campers with physical, intellectual or developmental disabilities, who are unable to moderate water temperature safely, must have a water temperature not greater than 110 degrees Fahrenheit.
(g) Sleeping quarters.
(1) Buildings housing non-ambulatory or wheelchair-bound campers must have ramps constructed in accordance with the NYS Fire Prevention and Building Code (19 NYCRR Chapter XXXIII, Subchapter A, Part 1219) to facilitate access and egress and must maintain a minimum 36 inch wide clear path to exits if 2 ramps are provided, or a 60 inch wide clear path when only 1 ramp is provided.
(2) Non-ambulatory campers must not have their sleeping accommodations above the ground floor.
(h) Location and grounds. Exterior paths of travel must be free of encumbrances and provide an appropriate surface for movement during inclement weather as appropriate for the camp population being served.
(i) Incident reporting. In addition to reporting incidents as required by this Article, all camp staff must immediately report any incident involving a camper with a developmental disability to the camp director, the Department and to the Justice Center's Vulnerable Person's Central Register (VPCR). Such report must be provided in a form and manner as required by the Department and the Justice Center.
(j) Immediate protections and notifications. Immediately upon notification of an allegation of abuse, neglect or significant incident as defined in 24 RCNY Health Code § 48.25(a)(3), the camp director or designee must ensure appropriate actions are taken to immediately address the physical and psychological needs of the camper(s) involved, implement protections to ensure the safety and mitigate further risk to campers and document such actions and implementations.
(k) The camp director or designee must notify a camper with a developmental disability and the camper's personal representative that the camper is an alleged victim or potential witness of an incident of abuse or neglect.
(1) Alleged victims must be notified within 24 hours and potential witnesses must be notified within 48 hours of reporting to the camp director or designee and to the Department, that an incident of abuse or neglect has been accepted by the Justice Center for investigation.
(2) There shall be no notification of a personal representative if the alleged victim or potential witness objects to such notification or if providing such notification would compromise the investigation, violate relevant confidentiality laws, be contrary to court order, or otherwise contrary to the best interests of the alleged victim or the potential witness.
(l) Camp staff must document in writing that notice of an incident (as described in subdivision (k)) was given or that adequate effort to make such notification was made for each camper.
(m) Staff screening, training and code of conduct.
(1) Prior to hiring anyone who will or may have direct contact with campers, or approving credentials for any camp staff, the camp director must follow the procedures established by the Justice Center in its regulations or policy, to verify that such person is not on the SEL.
(2) Prior to hiring anyone who will or may have direct contact with campers, the camp director must consult the NYS Office of Children and Family Services' Statewide Central Register of Child Abuse and Maltreatment (SCR) as required by § 424-a of the NYS Social Services Law to verify that such person is not on such registry.
(3) The screenings required by paragraphs (1) and (2) of this subdivision are in addition to the requirement that the camp director similarly verify that any prospective camp staff is not on the sex offender registry, as required by 24 RCNY Health Code § 48.09(m)(3).
(4) A camp director must ensure that camp staff receive training regarding their mandated reporting obligations as mandated reporters as defined by Article 11 of the NYS Social Services Law. A camp director must ensure that the telephone number for the Justice Center's VPCR hotline for the reporting of reportable incidents is conspicuously displayed in areas accessible to mandated reporters and campers.
(5) The camp director must ensure that all camp staff are provided with a copy of the code of conduct established by the Justice Center pursuant to § 554 of Executive Law. Such code of conduct must be provided at the time of initial employment, and at least annually thereafter during the term of employment. Receipt of the code of conduct must be acknowledged and the recipient must further acknowledge that he or she has read and understands such code of conduct.
(n) Disclosure of information.
(1) Except as prohibited by law, the camp director must share information relevant to the investigation of any incident subject to reporting under this Article with the Department and the Justice Center. Except as prohibited by law, the Department and the Justice Center may share information obtained in their respective investigations of incidents.
(2) Except as prohibited by law, records of facilities or provider agencies not otherwise subject to Article 6 of the NYS Public Officers Law must be made available for public inspection and copying, when such records relate to abuse and neglect, or a significant incident of developmentally-disabled persons, to the same extent that those records would be available from a state agency, as defined in such Article.
(o) Incident management.
(1) The camp director must promptly obtain an appropriate medical examination of a physically injured camper with a developmental disability.
(2) The camp director must fully cooperate with the investigation of reportable incidents involving campers with developmental disabilities and must provide all necessary information and access to conduct the investigation. The camp director must provide information, whether obtained pursuant to the investigation or otherwise, to the Justice Center and Department upon request, in the form and manner requested. Such information must be provided when requested by the Justice Center or Department or other applicable investigator.
(3) At the conclusion of any investigation of an alleged reportable incident, the camp director must:
(i) Assess the need for corrective actions;
(ii) Report corrective actions to the Department within 45 days of the conclusion of an investigation; and
(iii) Implement corrective actions identified by the camp, or required by the Department or the Justice Center.
(iv) Corrective action plans must be implemented as soon as possible but no later than 90 days of the completion of an investigation, unless the camp has closed for the season. If closed for the season, corrective action plans must be implemented when the camp reopens.
(p) Incident review committee.
(1) Unless as provided by paragraph (2) of this subdivision, a camp must maintain a facility incident review committee in accordance with 14 NYCRR Part 704.
(2) Pursuant to paragraph (f) of subdivision (1) of § 490 of the Social Services Law and 14 NYCRR Part 704, a camp director may seek an exemption from the Department from the requirement to establish and maintain an incident review committee.
(i) In order to obtain an exemption, the camp director must file an application with the Department and provide sufficient documentation and information to demonstrate that compliance would present undue hardship, that granting an exemption would not create an undue risk of harm to campers' health and safety and specify an alternative process to ensure appropriate review and evaluation of reportable incidents.
(ii) If approved by the Department, a camp director must meet all terms of an approved exemption(s). An exemption shall remain in effect until revoked by the Department. A camp director must immediately notify the Department when conditions upon which the incident review committee exemption was granted have changed.
(q) In addition to all other bases afforded to the Department to deny, suspend or revoke a permit as specified in this Code, a camp permit may be denied, revoked or suspended if the camp fails to comply with regulations, policies, or other applicable requirements of the Justice Center, as determined by the Department. In considering whether to issue a permit to a camp, the Department shall consider the camp's past and current compliance with the regulations, policies, or other requirements of the Justice Center.
(Amended City Record 12/26/2019, eff. 1/25/2020)
When the strict application of any provision of this Article presents substantial difficulties, or unusual or unreasonable hardships, the Commissioner of the Department or designee may in a specific instance modify the application of such provision consistent with the general purpose and intent of this Article and upon such conditions as in his/her opinion are necessary to protect the health of the children. Unless a specific duration is specified by the Department, all modifications shall remain in effect for the remainder of the permit period and shall expire at the end of the permit period.
(Added City Record 12/26/2019, eff. 1/25/2020)
When the strict application of any provision of this Article presents practical difficulties or unusual or unreasonable hardships, the Commissioner in a specific instance may modify the application of such provision consistent with the general purpose and intent of this Article and upon such conditions as in his opinion are necessary to protect the health of the children. A copy of the modification shall be furnished to the New York State Department of Health, New York City Affairs Office. Such variance shall be approved or denied within 30 days of the request. The denial by the Commissioner of a request for modification may be appealed to the Board in the manner provided by 24 RCNY Health Code § 5.21.
(a) Sugary Drinks. Except as provided in subdivision (c) and (d), permittees must not serve campers beverages that contain more than ten (10) calories per eight (8) ounces or beverages that are sweetened with sugar or another caloric sweetener including, but not limited to, high fructose corn syrup, sucrose, and honey.
(b) Additives. Beverages that permittees provide to campers must not contain caffeine, artificial sweeteners, or non-nutritive sweeteners including, but not limited to, stevia and erythritol.
(c) Milk. Except when permitted by federal law, milk that permittees provide to campers must be unflavored, unsweetened milk with 1% or less milk-fat, unless milk with a higher fat content is medically required for an individual child as documented by the child's medical provider.
(d) 100% Juice. Except when permitted by federal law, permittees must not provide more than one portion of juice to campers daily, and such portion must not contain more than six (6) ounces and must consist of 100% fruit or vegetable juice.
(e) Water. Potable water to which no artificial or natural sweetener has been added must be made available and be easily accessible to campers at all times, including at meals and snacks.
(f) Vending machines. Wherever feasible and practicable, permittees must restrict access to food and beverage vending machines in child-accessible areas of the camp during camp hours of operation, and must prohibit campers from using food and beverage vending machines during camp hours and on camp trips.
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