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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.
Any enrollment application forms and/or enrollment contract forms mailed or delivered to a person for purposes of enrollment of a child for any children's overnight camp, children's summer day camp and traveling summer day camp shall contain or be accompanied by a written statement which declares:
(a) That such camp is required to be licensed by the New York City Department of Health and Mental Hygiene;
(b) That such camp is required to be inspected twice yearly; and
(c) The address where inspection reports concerning such camp are filed.
A year-round after-school center or youth center means a recreational, educational or cultural program meeting on a daily basis for less than 24 hours a day and providing care for five or more enrolled children between the ages of six (6) and eighteen (18) years on a year-round or perennial basis. Such centers shall include but not be limited to such programs operated by settlement house, community, church or religious school, and other similar public and private organizations, firms, groups and associations.
No person shall operate or hold himself out as operating a year-round after-school center or youth center without a permit issued by the Commissioner, except that a permit shall not be required for such center operated by the government of the United States, the State of New York or the City or any agency thereof. A center operated by such government or agency shall, however, comply with all other provisions of this Article. 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.
(a) An application for a permit to conduct or operate a year-round after-school center or youth center shall be made by the person proposing to operate the center and on a form furnished by the Department.
(b) A permit shall not be issued unless the center is operated in a building or structure having the space, equipment and supplies suitable for its program including nearby outdoor facilities.
(c) A permit shall not be issued unless the center's program has been observed in operation by the Department and unless the Department is satisfied, upon inspection, that all applicable requirements of this Code have been met.
(a) A director shall be in charge of the staff and program at a year-round after-school or youth center who shall have a degree from a four year college or university or its equivalent as determined by the Department, shall be twenty-one (21) years of age or older, and shall have satisfactory experience in recreational, educational, cultural, child development or community organization programs for children or youth or equivalent experience acceptable to the Department.
(b) Group leaders in year-round after-school or youth centers shall be at least nineteen (19) years of age, shall have at least one year of college or university education, and shall have at least six months satisfactory experience in recreational, educational, cultural, child development or community organization programs for children or youths or equivalent experience acceptable to the Department.
(c) Satisfactory experience for the purposes of this section shall include at least 24 months of satisfactory experience in an area related to the kinds of programs operated by year-round after-school or youth centers and shall include experience in leadership, supervision or administration of children or youths in a group setting.
(d) An auxiliary assistant shall be at least sixteen (16) years of age, shall assist the director and group leaders, and shall not function in a group leader's role.
(e) There shall be at least one group leader for every 10 children 6 to 10 years of age, 1 group leader for every 15 children or youths 11 to 14 years of age and 1 group leader for every 20 youths 15 to 18 years.
(f) Centers with swimming pools or other waterfront facilities shall have a water safety instructor in charge for each group of not more than twenty-five (25) children bathing at any given time. The water safety instructor shall be at least twenty-one (21) years of age, hold a current American Red Cross Water Safety Instructor's Certificate or an equivalent certificate issued by another organization with equivalent standards, and shall have at least one year of previous experience as a lifeguard or water safety instructor. The water safety instructor shall be assisted by a senior lifeguard who shall be at least seventeen (17) years of age and hold a current American Red Cross Senior Lifesaving Certificate or an equivalent certificate issued by another organization with equivalent standards. A senior lifeguard may supervise the pool or waterfront activity provided there are not more than ten (10) children or youths bathing at the time. However, there shall also be a combined staff-child or youth ratio of 1:4 at the pool or other waterfront facility at all times while the children or youths are bathing.
(g) Centers providing gymnastic activities shall have a gymnastic instructor who shall be twenty-one (21) years of age, with a degree in physical education from a four year college or university or its equivalent as determined by the Department. He shall be proficient in every phase of gymnastic activities and shall be responsible for the health and safety of the children and youths in the use of gymnastic equipment.
(h) Each staff member's application shall be kept on file by the center's director which shall contain information including character references, ages, education, experience, relevant physical and mental conditions and handicaps, abilities and certifications. Proof of educational qualifications and experiences shall be maintained in the center's file for verification by the Department.
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