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Chapter 1: Required Signs
Chapter 3: Performance Summary Cards and Penalties for Child Care Programs
Chapter 4: Health, Safety and Well-Being of Rental Horses
Chapter 5: Pet Shops
Chapter 6: Mobile Food Vending
Chapter 7: Adjudicatory Hearings and Violation Fines and Penalties
Chapter 8: Cooling Towers
Chapter 9: Raw Salt-Cured Air-Dried Fish
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Chapter 11: Conservation of Water [Repealed]
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Chapter 19: Waiting List Rules for Temporary Mobile Food Unit Permits
Chapter 19A: Expansion of the Full-Term Mobile Food Vendor Permit Waiting List [Repealed]
Chapter 20: Preference and/or Waiting List Rule for Full-Term Mobile Food Unit Permits [Repealed]
Chapter 21: Health Academy Courses and Department Fees
Chapter 22: Tattooists and Applying Tattoos
Chapter 23: Food Service Establishment Sanitary Inspection Procedures and Letter Grading
Chapter 24: Automated External Defibrillators In Certain Public Places
Chapter 25: Service of Final Orders In Assisted Outpatient Treatment
Chapter 26: Establishment and Maintenance of Separate Borough Specific Waiting Lists for Those Seeking Fresh Fruits and Vegetables Permits
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New York City Health Code
Introductory Notes
Title I: Short Title, Definitions and General Provisions
Title II: Control of Disease
Title III: Maternal, Infant, Child and School Health Services
Title IV: Environmental Sanitation
Part A: Food and Drugs
Part B: Control of Environment
Article 131: Buildings
Article 135: Commercial Premises [Repealed]
Article 139: Public Transportation Facilities
Article 141: Water Supply Safety Standards
Article 143: Disposal of Sewage
Article 145: Water Pollution Control [Repealed]
Article 151: Pest Prevention and Management
Article 153: Littering and Disposal of Refuse [Repealed]
Article 155: Butcher's Refuse [Repealed]
Article 157: Solid Waste Transfer Stations [Repealed]
Article 161: Animals
Article 163: Barber Shops
Article 165: Bathing Establishments
§ 165.01 Applicability.
§ 165.03 Definitions.
§ 165.05 General Requirements for Permit Applications.
§ 165.07 Construction Inspection and Certification.
§ 165.09 Requirements for Permit Approval.
§ 165.11 Enforcement.
§ 165.13 Modification.
§ 165.15 Certifications, Supervision Coverage and Surveillance Requirements.
§ 165.17 Lifesaving and Safety Equipment.
§ 165.19 Pool Safety Plan.
§ 165.21 Facility Operating Policy.
§ 165.23 Water Chemistry and Testing Requirements.
§ 165.25 Water Quality Standards.
§ 165.27 Sanitation and Safety.
§ 165.29 Operation and Maintenance of Mechanical Equipment.
§ 165.31 Chemical Handling and Storage.
§ 165.33 Water Supply and Waste Water Disposal.
§ 165.35 Garbage and Refuse Disposal.
§ 165.37 Drowning and Injury or Illness Incident Notification and Reporting.
§ 165.39 Record Keeping.
§ 165.41 General Requirements for Pools.
§ 165.42 General Requirements for Spray Grounds.
§ 165.43 Water Supply, Waste Water, and Sewer Connections.
§ 165.45 Water Treatment System.
§ 165.47 Lighting and Electrical Installation, Ventilation and Heating Requirements.
§ 165.49 Bathhouse and Bather Preparation Facilities.
§ 165.51 Additional Requirements for Wading Pools.
§ 165.53 Additional Requirements for Spa Pools.
§ 165.55 Additional Requirements for Physical-Therapy Pools.
§ 165.57 Additional Requirements for Movable-Bottom Pools.
§ 165.59 Additional Requirements for White-Water Slides.
§ 165.61 Additional Requirements for Wave Pools.
§ 165.63 Sauna and Steam Rooms.
Article 167: Bathing Beaches
Article 171: Fumigation and Extermination [Repealed}
Article 173: Hazardous Substances
Article 175: Radiation Control*
Article 177: Tanning Facilities
Article 181: Protection of Public Health Generally
Title V: Vital Statistics
Appendices
Resolutions
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
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Title 61: Office of Collective Bargaining
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Title 63: Landmarks Preservation Commission
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Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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§ 165.53 Additional Requirements for Spa Pools.
Spa pools shall comply with the additional provisions of this section:
   (a)   Maximum depth. The maximum water depth shall be four feet (4') measured from the waterline. The maximum submerged depth of any seat or sitting bench shall be two feet measured from the water line.
   (b)   Location. After the effective date of this Article, where a spa pool is constructed in proximity to a swimming or wave pool, the spa pool shall be at the shallow end of the adjacent pool with a minimum distance of five feet (5') between the pools.
   (c)   Handholds. All spas shall have one (1) or more suitable, slip-resistant handhold(s) around the perimeter, located no further than four feet (4') apart and not over twelve inches (12") above the water line. The handhold(s) may consist of rounded coping, ledge or decks along the immediate top edge of the spa; ladders, steps or seat ledges; and ropes or railings.
   (d)   Steps. Design of steps shall conform to the following:
      (1)   Step treads shall have a minimum unobstructed horizontal tread depth of 10 inches for a minimum continuous width of twelve inches (12").
      (2)   Riser height shall not be less than seven inches (7") nor greater than twelve inches (12"). When the bottom tread serves as a bench or seat, the bottom riser may be a maximum of fourteen inches (14").
      (3)   Step treads shall have slip-resistant tread surfaces.
      (4)   Each set of steps shall be provided with at least one handrail to fully serve all treads and risers.
      (5)   Seats or benches may be provided as part of the steps.
   (e)   Overflow system. An overflow system shall be provided. It shall be designed and constructed so that the water level of the spa is at the operating level of the rim or weir device during use and non-use of the spa. When surface skimmers are used, one surface skimmer shall be provided for each one hundred square feet (100 ft 2 ) or fraction thereof of spa surface area. Recirculation through the skimmer shall be at least 30 gpm/skimmer. When two or more skimmers are used in a spa, they shall be located to maintain effective skimming action over the entire surface area of the spa. Skimmers shall conform to 24 RCNY Health Code § 165.45.
   (f)   Air induction systems. An air induction system shall be designed to prevent water backup that could cause electrical shock hazards. Air intake sources shall not permit the introduction of toxic fumes or other contaminants.
   (g)   Heater and temperature requirements. The maximum temperature of the spa water shall not exceed 104 degrees Fahrenheit. A thermostatic control for the water shall be required. An alarm system set to ring a bell or buzzer shall be installed to warn of any temperature over 104 degrees Fahrenheit. The alarm shall ring in the spa area as well as at the attendant's normal work station. The alarm system shall turn off the heat when the alarm sounds, and not allow the heater to be reset until the water temperature has cooled below the maximum level. A manual timer shall be installed that will require resetting after 15 minutes. This timer shall be set to ring a warning bell and may control the agitation pump. The heater shall be designed pursuant to 24 RCNY Health Code § 165.45(k). Existing pools requiring modification to comply with this paragraph shall be in compliance on and after September 1, 2001.
   (h)   Emergency switch. For all spa pools, a clearly labeled emergency shutoff or control switch for the purpose of stopping the motor(s) that provide power to the recirculation system and jet system shall be installed readily accessible to the bathers at least five feet away, adjacent to, and within sight of the spa. Existing pools requiring modification to comply with this paragraph shall be in compliance on and after September 1, 2001.
§ 165.55 Additional Requirements for Physical-Therapy Pools.
Physical-Therapy pools shall comply with the additional provisions of this Section:
   (a)   General. Facilities for persons with physical disabilities shall be designed to provide safe entry and exit from the bathing establishment. Facilities for parking, path of travel, walks, ramps, drinking fountains, telephones, toilets and showers shall comply with the requirements of the Building Code.
   (b)   Pool entry. Access for persons with physical disabilities shall be at the shallow end of the pool. Pool entry shall be an eighteen inch (18") high block of steps followed by a normal set of pool steps. As an alternate, hoists or ramps are acceptable. Where removable ramps or steps are provided, the area beneath the ramp or steps shall be protected to prevent access to swimmers.
   (c)   Steps and handrails. Stair steps should have risers 5 3/4 inches high and a tread 12 to 18 inches wide to allow for sitting. A handrail thirty-two inches (32") high, extending eighteen inches (18") beyond top and bottom steps, shall be provided. A twenty-two inch (22") handrail shall be provided for children. A six inch (6") handrail shall aid entry for those who cannot stand.
   (d)   Wheelchairs. Wheelchairs, if immersed in a pool, shall be safe, waterproof and designed for use in the pool environment.
§ 165.57 Additional Requirements for Movable-Bottom Pools.
Movable-Bottom pools shall comply with the additional provisions of this section:
   (a)   Design. Hydraulic lift swimming pool floors where provided, shall be safe and maintenance-free.
   (b)   Inlets. A jet-water self-cleaning system should be provided so that the entire pool is self-cleaning. Two sets of return inlets located at two different heights should be provided to obtain adequate mixing at all times when the pool is shallow or deep.
   (c)   Floor movement. Floor movement shall be designed to minimize turbulence and provide safe entry and exit by persons with physical disabilities.
   (d)   Depth signs. A sign for pool water depth in use shall be provided and clearly lit and visible. "NO DIVING" sign shall also be provided. The control panel for changing water depth shall be located in a safe place which is accessible only to aquatic supervisory staff or pool operator.
   (e)   Diving boards. For depths other than design diving depth, the diving board shall be in an upright position and chained or secured to prevent use.
§ 165.59 Additional Requirements for White-Water Slides.
Pools with white-water slides shall comply with the additional provisions of this section:
   (a)   General. All slides shall be designed and constructed in accordance with the manufacturers' instruction to carry the anticipated load. All curves, turns and tunnels on the path of flume shall be designed and constructed in accordance with manufacturers' instruction.
   (b)   Water slide landing area. The landing area for a water slide flume shall comply with the following:
      (1)   The minimum plunge pool operating water depth shall be three feet (3'). This depth should be maintained in front of the flume for a distance of at least twenty feet (20').
      (2)   If the water slide flume shall end in a swimming pool, the landing area shall be divided from the rest of the swimming pool by a float line or as approved by the department.
   (c)   Slide position. The slide flume shall be perpendicular to the plunge pool back wall for a distance of at least ten feet (10') from the exit end of slide. The flume shall terminate between a depth six inches below to two inches above the pool water surface level. The distance between the side of a flume exit and a plunge pool side wall should be at least five feet (5'). The distance between sides of adjacent terminuses should be at least six feet (6').
   (d)   Pump reservoir. A pump reservoir shall be provided for the slide pump intakes. It shall be connected to the plunge pool by a weir. The minimum reservoir volume shall be equal to twice the combined flow rate in gallons per minute of all filters and slide pumps.
   (e)   The flume shall be designed to prevent users from becoming airborne while in the ride.
§ 165.61 Additional Requirements for Wave Pools.
Wave pools shall comply with the additional provisions of this section:
   (a)   Perimeter overflow. A perimeter overflow gutter system shall be provided. The gutter may be interrupted in the area where the water is less than two feet deep. The total capacity of the gutter shall be designed to carry one hundred percent (100%) of recirculation rate.
   (b)   Entrapment prevention. Any opening or connection between the wave pool and wave generator system shall be designed and constructed to prevent entrapment of bathers.
   (c)   Lifeguard chairs. Two lifeguard chairs shall be located along the deck edge on each side of wave pool where water depth is 3 feet or greater.
   (d)   Emergency switches. Switches which will stop the wave action shall be provided at each lifeguard chair.
§ 165.63 Sauna and Steam Rooms.
All sauna and steam rooms shall be designed and constructed in accordance with the following requirements:
   (a)   Temperature control. A sauna or steam room temperature shall be thermostatically controlled and shall not exceed 194 degrees Fahrenheit for a sauna room and 120 degrees Fahrenheit for steam room as measured at eye height.
   (b)   Doors and windows. A sauna or steam room shall be equipped with a free swinging type door or a door that swings outward freely and a window to facilitate viewing the interior of the room.
   (c)   Safety. The facility shall provide a one-hour timer to automatically disconnect all heating elements from the supply source at the end of one hour, or an attendant (meeting the definition of responsible person) who inspects the facility at a minimal interval of 15 minutes during all periods of operation of a sauna or steam room pursuant to 24 RCNY Health Code § 165.15(c), if the timer is not provided.
   (d)   Timing device and temperature indicator. A time and temperature indicator shall be provided in each sauna or steam room and shall be so installed as to be clearly visible to the patron in the sauna or steam room.
   (e)   Alarm system. An alarm system acceptable to the department shall be provided to indicate to the attendant and user any malfunction of the automatic temperature regulating control or of an electrical overloading of the equipment. The alarm system shall turn off the heat when the alarm sounds, and not allow it to be reset until the temperature has cooled to below the maximum allowable level. The operator shall be able to demonstrate the functioning of the alarm system to the department during an inspection. The alarm shall be tamper-proof. Patrons shall not be able to prevent the alarm from sounding, nor to prevent the heat from being cut off, nor to change the temperature set-point of the alarm.
   (f)   Heater.
      (1)   The heater unit used in a sauna room shall be approved by Underwriters Laboratories, Inc., or be equipped with equivalent control and safety features acceptable to the department, provided that the installation or any alteration of such unit has been approved by the Department of Buildings.
      (2)   If the unit is a gas-fired system, no door openings (either metal or otherwise) to the gas heater are to be located within the enclosure of the sauna.
   (g)   Steam generator. The size of the steam generator shall be adequate for the design capacity. There shall be adequate free space for access to the generator for maintenance.
   (h)   Warning signs. A durable plate bearing the following wording, in 24 point type (letters 0.25 inches in height) or more, permanently marked thereon in colors contrasting with the background, shall be prominently affixed outside the doors of the sauna or steam room at eye level containing the following: "Use of steam room or sauna should not exceed 30 minutes. Excessive exposure can be harmful to health. The Department of Health and Mental Hygiene recommends that persons who: – have poor health; or – have high blood pressure or a heart or circulatory disease; or – are using prescription medication; or – are pregnant not use this facility before consulting their physician. Persons under the influence of alcohol or drugs should not use this facility."
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