Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
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
Chapter 10: Smoking Under the New York City Smoke-Free Air Act
Chapter 11: Conservation of Water [Repealed]
Chapter 12: Window Guards
Chapter 13: Cigarette and Tobacco Product Sales
Chapter 14: Cleaning Park Playground Equipment
Chapter 16: Criteria for Issuing Special Vehicle Identification Permits to Disabled Persons
Chapter 17: Tripartite General Orders
Chapter 18: Resuscitation Equipment in Public Places
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Chapter 19A: Expansion of the Full-Term Mobile Food Vendor Permit Waiting List [Repealed]
Chapter 20: Preference and/or Waiting List Rule for Full-Term Mobile Food Unit Permits [Repealed]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
Chapter 27: Food Allergy Information
Chapter 28: Restriction On the Sale of Certain Flavored Tobacco Products, Flavored Electronic Cigarettes, and Flavored E-Liquid
Chapter 29: Animal Population Control Program
Chapter 30: Volatile Organic Compounds in Carpet and Carpet Cushion
Chapter 31: Drinking Water Tank Inspections
Chapter 32: Dogs in Outdoor Dining Areas
Chapter 33: Operation of Body Scanners in Correctional Facilities
Chapter 34: Grocery Delivery Program
Chapter 35: Designating Rat Mitigation Zones
Chapter 36: Needle, Syringe, and Sharps Buyback Pilot Program
Chapter 37: Petitioning the Department to Commence Rulemaking
Chapter 38: Program to Cancel Medical Debt
Chapter 39: [Added Sugar Warning]
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
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
Loading...
§ 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."
Article 167: Bathing Beaches
§ 167.01 Applicability.
   (a)   This Article shall apply to all bathing beaches, as defined under 24 RCNY Health Code § 167.03, that are owned, leased or operated by a person, group of persons, firm, corporation, association, organization, institution or city agency, but shall not apply to bathing beaches owned and/or maintained by an individual for the use of the individual and/or family and friends wherein no monetary compensation or any other compensation or consideration is exchanged.
   (b)   A camp regulated and permitted under 24 RCNY Health Code Article 48 shall not require a permit under 24 RCNY Health Code Article 167, but shall comply with all other provisions of 24 RCNY Health Code Article 167.
§ 167.03 Definitions.
   (a)   "Adequate" means 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 or profession, is adequate within the meaning of this Article.
   (b)   "Approval" means an authorization, permit, certification or equivalent determination issued pursuant to requirements promulgated by the Department.
   (c)   "Aquatic Supervisory Staff" means an individual possessing the qualifications of Supervision Level I, Supervision Level IIb, or a supervising lifeguard, as defined in 24 RCNY Health Code § 167.19(c).
   (d)   "Bathing" means recreational activities where any part of the human body may come in direct contact with water to the point of complete body submergence. Bathing includes, but is not limited to, swimming, diving, and wading. Bathing does not include any activities where contact with the water is minimal and where ingestion of the water is not probable, such as fishing and boating.
   (e)   "Bathing Beach" means any waterfront area of the City with associated bathing beach facilities not specifically restricted by the by the provisions contained in 24 RCNY Health code § 167.05(d), where bathing is permitted regardless of whether it is recommended in accordance with the classifications given in 24 RCNY Health Code § 167.17. Bathing beach facilities include, but are not limited to, buildings, equipment, lavatories, toilets and showers or dressing facilities containing toilets and showers, if any, and the land areas used in connection therewith.
   (f)   "City" means the City of New York.
   (g)   "Department" means the New York City Department of Health and Mental Hygiene.
   (h)   "E. coli" means Escherichia coli a bacteria species which is a member of the family enterobacteriaceae which are the predominant facultative anaerobes in humans and warm blooded animal fecal material.
   (i)   "Enterococci" means enterococci bacteria, a subgroup of fecal streptococci that includes Enterococcus faecalis, Enterococcus. faecium, Enterococcus avium, and their variants. Enterococci bacteria are commonly found in the feces of humans and other warm-blooded animals. Although some strains are ubiquitous and not related to fecal pollution, the presence of enterococci in water is an indication of fecal pollution and the possible presence of enteric pathogens.
   (j)   "Fresh Water" in the City means any pond, lake or river in the City, including the Hudson River.
   (k)   "Geometric Mean" means the antilog of the summation of the logarithms of the values for samples examined divided by the number of samples.
   (l)   "Major Alteration, Renovation or Modification" means substantial physical changes to the bathing beach structure, enclosure, and electrical system or to the wastewater system. It does not include normal maintenance or repair.
   (m)   "Marine Water" means ocean and estuary water bodies. In the City, it means water bodies immediate to The Long Island Sound, Atlantic Ocean, and The New York Bight.
   (n)   "Preemptive Standards – New York City Wet Weather Advisory." A preemptive standard is a threshold level of precipitation that, when exceeded, can cause combined stormwater and sewage runoff to bypass the waste water treatment plants and overflow onto nearby receiving beach water bodies and may pose a public health threat. Based on hydraulic modeling of City waters, the Department issues Wet Weather Advisories each year for those bathing beaches directly impacted by wet weather.
   (o)   "Public Health Hazard" is any condition which poses an imminent threat to the health or safety of the public.
   (p)   "Qualified Lifeguard" means an individual possessing the qualifications of Supervision Level I and IIb as defined in 24 RCNY Health Code § 167.19(c).
   (q)   "Responsible Person" means a competent individual, at least 18 years of age, employed by the owner or operator of the bathing beach, who is capable of exercising control over the patrons and is trained in the use of lifesaving and safety equipment, in emergency procedures and the Beach Safety Plan.
   (r)   "Standard Method" means the most recent edition of the publication entitled Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.
Loading...