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(a) The permittee shall maintain an updated copy of this Code and make it available to all staff.
(b) The permittee shall post the following at the front door of its public entrance where staff, parents and others may review them:
(1) The current permit securely encased in a weather-resistant glass or plastic protective frame;
(2) A sign provided or approved by the Department stating that the Department's most recent summary inspection report for the program may be obtained from the Department's website, or by calling 311, and that complaints about the program may be made to, and more information about requirements for operation of programs may be obtained by calling 311; and
(3) The valid relevant performance summary card posted in accordance with 24 RCNY Chapter 3.
(Amended City Record 9/20/2016, eff. 10/20/2016; amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Modification of provisions. 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 Code and upon such conditions as in his/her opinion are necessary to protect the health of the children. Unless a shorter duration is specified by the Department, all modifications shall remain in effect for the remainder of the permit period in which they are issued and shall expire at the end of the permit period.
(b) Fee waiver. Upon the submission of proof satisfactory to the Commissioner that an applicant for a permit is a program which is fully funded by the Administration for Children's Services (ACS), the New York City Human Resources Administration, the New York City Department of Homeless Services, or a successor agency, as an ACS Group Child Care Center, Head Start or other child care or supervision program, the permit fee required by 24 RCNY Health Code Article 5 shall be waived. Such waiver shall continue in effect provided the applicant program remains fully funded.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Imminent health hazards.
(1) When the Department determines that any program is being operated in a manner that may give rise to an imminent health hazard, or is maintaining one or more conditions that constitute an imminent health hazard, or that its operation otherwise presents a risk of endangering the health or safety of children or other persons, the Commissioner may order such program to close and to discontinue operations, suspending its permit, without further proceedings, by service of an order upon the permittee, or other person(s) managing or in control of such program. An order issued, pursuant to this section shall provide the permittee, or other person(s) in control, an opportunity to be heard and to show cause why such program should not remain closed until there are changed circumstances, or the correction, removal or abatement of the dangerous or detrimental condition(s).
(2) The Commissioner may require any permittee that consistently fails to correct imminent or repeat, serious violations to prepare a corrective action plan in which factors contributing to violations are analyzed and a plan is created to address and correct violations. When, in the opinion of the Commissioner, a permittee is unable or unwilling to write or implement a corrective action plan that adequately protects the health and safety of children, the Commissioner shall provide the permittee with an opportunity to show cause at a hearing why its permit should not be suspended or revoked.
(b) Operating without a permit. Operating any program without a currently valid permit shall be deemed to present an imminent health hazard to children in attendance, for which such program shall be ordered closed without further proceedings.
(c) Additional operating terms and conditions authorized. If the Department determines that the reopening of a program that has been ordered closed and its continuing operation will not present any risk to any person, the Department may authorize such reopening and may impose such additional conditions upon continuing operation that it deems necessary to avoid recurrence of imminent health hazards.
(d) Service of orders. Service of any order issued, pursuant to this Article may be made upon any person to whom the order is addressed, to a permittee, to a person required to hold a permit or upon any other person of suitable age and discretion who is asserting ownership, management or control of such program. Service of any order may be made in any manner provided in 24 RCNY Health Code § 3.05(b), or successor provision, and may be delivered to the home or business address of the permittee listed in the permit issued by the Commissioner, or in the permit application or at the place where the program is being operated.
(e) Posting orders to close; notifying parents. Upon issuing an order to close a program for any reason, the Department shall post a copy of the order at the entrance to the premises subject to such order, and shall notify and provide a copy of the closing order to the parents or other persons who arrive at the program to pick up children attending the program.
(f) Padlocking. Upon finding that any order issued, pursuant to this section has not been complied with, the Department may, without further notice, seal or padlock the premises where services are provided and take any other measures deemed necessary to obtain compliance with the order.
(g) Operation in violation of order prohibited. No person shall remove a padlock, seal or an order posted, pursuant to this section, or open to the public or operate a program in violation of an order issued, pursuant to this section.
(h) Other actions. In addition to any action authorized by this Article or 24 RCNY Health Code Article 5, the Commissioner may refuse to renew, or may revoke or deny issuance of a permit if:
(1) the program's permit was ordered suspended more than once during the past 36 months, or
(2) the program's permit was previously ordered suspended for having lost a child, or another instance of inadequate supervision or inappropriate behavioral management of children; or
(3) the permittee failed to submit or implement a fully responsive corrective action plan; or
(4) a permit applicant or permittee continued operating a program when a permit was either ordered suspended or the program was ordered closed for operating without a permit; or
(5) the Commissioner determines that a permittee is unable or unwilling to correct a pattern of serious, repeated violations including, but not limited to, those defined as imminent health hazards; or
(6) the Commissioner finds out after issuing a permit that a previous or current permit, license, registration or other authorization to operate a program, held by the permittee, or any officer, manager or director of the permitted entity, was or is being suspended or revoked in any jurisdiction.
(i) Department authority not limited by this section. Nothing herein shall be construed to limit the authority of the Department to take any action it deems appropriate, including issuance of notices of violation seeking monetary penalties for violations cited by the Department, or commencement of a proceeding or action provided for by this Code or other applicable law, including actions or issuance of orders denying, suspending, or revoking permits.
(j) Effect of permit revocation. When a permit has been ordered revoked by the Commissioner, and the Commissioner finds that the circumstances resulting in revocation show that the permittee or other persons exercising management and control are unable or unwilling to operate a program in compliance with this Code, an application for a new permit will not be accepted for at least five years from the date revoked from either the permittee or from any individual person exercising management and control of the program that had its permit revoked.
(Amended City Record 9/20/2016, eff. 10/20/2016; amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
This Article shall be liberally construed for the protection of the health of children attending programs regulated by this Article. If any provision of this Article is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of this Article.
(Amended City Record 9/20/2017, eff. 10/10/2017)
The provisions of this Article apply to all Day Camps, Overnight Camps, and Traveling Day Camps in New York City (NYC) which are occupied by ten (10) or more children, as defined in this Article, except the following:
(a) programs approved, certified or licensed under the New York State (NYS) Social Services Law;
(b) programs operated by the government of the United States or the State of New York;
(c) any operation or use of a tract of land or property determined by the State Commissioner of Health as not being within the intent of or regulation by Subpart 7-2 of the State Sanitary Code;
(d) any place occupied by children under 18 years of age for overnight occupancy of 72 consecutive hours or less;
(e) day camps operating less than all or part of 5 days in any 2 week period; (f) activities as unscheduled or drop-in neighborhood- center settings; single-purpose activity such as athletic events and associated training practice, "special olympics", little league baseball, Pop Warner football; and recreational activity without a specified time period of attendance required.
(Amended City Record 12/26/2019, eff. 1/25/2020)
When used in this Article, the following terms have the following meanings:
"Acceptable training in cardiopulmonary resuscitation (CPR)" means a CPR training program determined by the NYSDOH to provide an adequate level of knowledge and skills necessary to perform two-rescuer CPR for all ages (infant, child and adult). Such training program must be deemed an accepted course by the NYSDOH current fact sheet entitled "Cardiopulmonary Resuscitation Certification for NYS Children's Camps and NYS Bathing Facilities" or successor document. CPR certificates shall be valid as specified by the provider but shall not exceed one year from the date of course completion.
"Acceptable training in first aid" means certification in a first aid training program approved by the Department.
"Activity leader" means the staff-person who is deemed competent based on training and/or experience in the activity being conducted and is charged with supervising all children and adults in that activity.
"Adequate" means minimally 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, profession or activity, is adequate within the meaning of this Article.
"Aquatic amusement park activities" means where patrons are partially or totally immersed in water and includes but is not limited to "lazy rivers", activity pools, wave pools and water slides.
"Aquatics director" means an experienced swimming instructor and lifeguard who oversees all aquatic and boating activities at any location. This person shall supervise lifeguards, progressive swimming instructors, and counselors with bather supervision responsibilities and implement the camp safety plan during all aquatic activities.
"Camp" means a day camp, overnight camp or traveling day camp as defined in this Article.
"Camper(s)" means a minor child under 18 years of age who is enrolled in a camp. As used in this Article, and unless the context clearly indicates otherwise, "camper" may be used interchangeably with "child" or "children".
"Camp program for persons with a developmental disability" means a program:
(a) within a camp,
(b) with 20 % or more enrollment of campers with a developmental disability, and
(c) that provides specially-designed recreational and educational activities and staffing ratios to benefit persons with a developmental disability.
The age requirements for a day camp and an overnight camp do not apply.
"Constant and competent supervision" means, for campers under 6 years of age, that camp staff must maintain direct line of sight observation of such children at all times. For children age 6 years and above, constant and competent supervision means taking into account the child's age, emotional, physical and cognitive development, and includes awareness of and responsibility for the ongoing activity of each child and requires that all children be near enough to camp staff such that staff can respond immediately if assistance is required.
"Day Camp" means a property consisting of a tract of land and:
(a) any tents, vehicles, buildings, or other structures that may be relevant to the camp's operation, and;
(b) any part of which may be occupied on a scheduled basis at any time between June 1 and September 15 in any year, and;
(c) used by children under 16 years of age, under constant and competent supervision,
(d) where activities take place during a period of less than 24 hours on any day the property is so occupied and/or which no provisions are made for overnight occupancy by such children, and
(e) provides indoor or outdoor organized group activities, involving 2 or more activities of which at least 1 is a high-risk activity, unless the high risk activity is conducted for no more than 1 hour per day constituting no more than one fifth (1/5) of the program's daily programming for children and which occur on a playground, in a gymnasium or similar setting.
"Department" means the New York City Department of Health and Mental Hygiene.
"Developmental disability" means a severe, chronic disability of a person that has originated before the age of 18, and manifests as a cognitive or neurological condition or diagnosis, such as cerebral palsy, epilepsy, autism or neurological impairment, which affects general intellectual functioning and/or adaptive behavior, that requires treatment and/or services and is likely to continue indefinitely. Except as provided in 24 RCNY Health Code § 48.25, any camp that admits any person with a developmental disability must develop and provide a specialized program and staffing ratios approved by the Department.
"Equipment" means any furniture, amusement devices, activity, sports and playground equipment intended to be used by the camp for the use of campers and staff. Equipment must be age and developmentally appropriate, and accessible for the size and ability of the child and must be maintained and used in accordance with manufacturers' specifications and instructions.
"Health director" means a physician, physician assistant, nurse practitioner, registered nurse, licensed practical nurse, emergency medical technician, or other person minimally certified in both first aid and cardiopulmonary resuscitation training as required by the Department and who is responsible for creating, executing and maintaining the health program.
"Health program" means a program under the supervision of a designated health director created to assure the health and well-being of each child and each adult as required by this Article.
"High risk activity" means an activity that may result in significant risk of injury including, but not limited to, "non-passive recreational activities with significant risk of injury" as defined in the NYS Sanitary Code (10 NYCRR § 7-2.2(l)). Examples of high-risk activity include, but are not limited to, all off-site trips and activities such as martial arts, court sports, field sports, water sports (including water slides), zip lining, parasailing, horseback riding, gymnastics, rock climbing, archery, bungy jumping, go-carts, motorized vehicle racing, skate boarding, roller skating or ice skating, trampoline, paint ball war games, cooking, or hiking in an area which is not within 5 minutes of a public road way, or involves incidental water immersion.
"Incidental water immersion" means intentional entry into a body of water for a purpose, other than swimming, which is ancillary to the primary activity being conducted. Such immersion, including partial immersion, includes but is not limited to stream crossing or entering water for personal hygiene, but excludes boating, water skiing, sail boarding and similar water sports where participants wear U.S. Coast Guard approved lifejackets.
"NYCRR" means the New York Codes, Rules and Regulations.
"NYSDOH" means the New York State Department of Health.
"Overnight camp" means a property consisting of a tract of land and:
(a) any tents, vehicles, buildings or other structures that may be relevant to the camp's operation, and,
(b) any part of which may be attended by persons under 18 years of age under constant and competent supervision,
(c) for the purpose of outdoor or indoor organized activities, and
(d) on which provisions are made for overnight occupancy of children.
"Progressive swimming instructor" means a swimming instructor who is trained and who has the skills to assess the swimming ability of each camper prior to permitting them in water above chest level; such instructor training program must be deemed an accepted course by the NYSDOH current fact sheet entitled "Progressive swimming instructor for NYS children's camps." The progressive swimming instructor must be either:
(a) a currently certified American Red Cross water safety instructor; or
(b) possess a current certificate issued by a certifying agency determined by NYSDOH to provide an adequate level of similar training.
A progressive swimming instructor may not perform lifeguard duties unless currently certified as a qualified lifeguard, and not currently performing instructional duties.
"Public health hazard" means any violation or combination of violations and conditions concerning operation of the camp which could reasonably result in injury or be otherwise detrimental to the health and safety of a child. Any of the following are public health hazards which allow the Department to order its immediate correction and/or to order the permittee to cease operations immediately. Public health hazards include, but not are not limited to:
(a) Failure to maintain constant and competent supervision of children;
(b) Use of corporal punishments or of frightening or humiliating methods of behavior management;
(c) Failure to immediately report instances of alleged child abuse, maltreatment, or neglect to the Department and the Statewide Central Register of Child Abuse and Maltreatment and to take appropriate corrective action to protect children when allegations of such abuse or maltreatment have been reported to or observed by the permittee;
(d) Refusal or failure to provide access to the facility to an authorized employee or agent of the Department;
(e) Uncontained sewage in any part of the facility;
(f) Transporting children in the bed of a truck or trailer or in any other part of any motor vehicle that is not designed for passenger occupancy; or transporting children without adequate supervision; or failing to use appropriate child restraints in vehicles;
(g) Failure to provide two approved means of egress or obstructing any means of egress or a required fire exit;
(h) Failure to properly store flammable liquids or other toxic substances;
(i) Failure to maintain firefighting or fire detection equipment in working order;
(j) Contamination of the potable water supply by cross connection or other faults in the water distribution or plumbing systems;
(k) Serving food to children from an unknown or unapproved source; serving food that is adulterated, contaminated or otherwise unfit for human consumption, or re-serving food that was previously served;
(l) Failing to exclude from work at the program a person with a communicable disease who is required to be excluded, pursuant to 24 RCNY Health Code Article 11;
(m) Failure to implement the program's written safety plan resulting in a child not being protected from any unreasonable risk to his or her safety;
(n) Conducting construction, demolition, painting, scraping, or any repairs other than emergency repairs while children are present in the facility; failing to remove children from areas and rooms while such activities are in progress;
(o) Failure to screen any person who has, or will have the potential for, unsupervised contact with children as required by this Article and in accordance with 24 RCNY Health Code § 47.19; or
(p) Any other condition(s), violations, or combination of conditions or violations, deemed to be an imminent health hazard by the Commissioner or designee.
"Staff" means any director, operator, employee, counselor or volunteer of a camp; or a consultant, employee or volunteer of a corporation, partnership, organization or other entity who has regular or substantial contact with campers.
"Traveling day camp" means a day camp which:
(a) regularly operates in a period between May 15 and September 15, and
(b) which provides care and regularly transports children under 16 years of age on a regular schedule to a facility, site, or property, including any tract of land, beach, park, stadium, building, tent or other structures pertinent to its use and primarily for the purpose of organized group activities.
(Amended City Record 12/26/2019, eff. 1/25/2020)
No person shall operate or hold himself out as operating a summer day camp, children's overnight camp or children's traveling summer day camp without a permit issued by the Commissioner. The fee for and the expiration date of a permit issued pursuant to this section shall be prescribed by 24 RCNY Health Code § 5.07, except that no fee shall be charged in the case of a municipal operation or a summer day camp, children's overnight camp or children's traveling summer day camp operated by a person, firm, corporation or association for charitable, philanthropic or religious purposes.
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