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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."
(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.
(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.
(a) No person, group of persons, firm, corporation, association, organization or institution shall construct, operate, modify, maintain or grant permission for the use of any bathing beach without a permit issued by the Department. No bathing establishment shall be constructed nor shall any major renovation or modification be made to any bathing establishment unless a completed application for construction, alteration or addition is submitted to the Department for review and approval prior to commencement of work. The permit shall be posted conspicuously at the facility. The Department may order any bathing beach operating without a permit to close and remain closed until the bathing beach has obtained and displays a valid permit issued by the Department.
(b) Application. Application for a permit shall be made to the Department at least 30 days prior to the opening of any bathing beach. The application shall include appropriate fees, application forms and other supplemental information as required by the specific circumstances.
(c) Renewal. A bathing beach permit shall be renewed at least 30 days before reopening for the season. A bathing beach may be closed by the Department for failure to renew a bathing beach operating permit before reopening.
(d) Restriction. No person shall operate, construct or maintain and no permit shall be issued for a bathing beach within 750 feet of the point of discharge of the outlet of any sanitary sewer, the flow of which would contribute in any way to the pollution of the waters used by the bathers, and located outside the boundary delineated for primary contact recreation as defined by applicable regulations of the New York State Department of Environmental Conservation (see 6 NYCRR § 700.1; see also, 6 NYCRR Parts 890, 891). "Primary contact recreation" shall mean recreational activities where the human body may come in direct contact with raw water to the point of complete body submergence. Primary contact recreation includes, but is not limited to, swimming, diving, water skiing, skin diving and surfing.
(e) Requirements for Permit Approval. All bathing beaches shall be designed, constructed and completed in accordance with the requirements of this Article. For permit applications for new bathing beaches, the following must be submitted to the Department:
(1) A completed and approved Beach Safety Plan, as required by 24 RCNY Health Code § 167.23.
(2) Certificate of Occupancy for the bathing beaches from the City Department of Buildings including certificate of inspection for electrical work and plumbing.
(3) Copies of Aquatic Supervisory Certificates, as required by 24 RCNY Health Code § 167.19.
(f) Change in Ownership. In the event of change in ownership of any bathing beaches permitted under this Article, the owner shall file an application with the Department for a change in ownership within 30 days after such change has occurred.
(g) Exemption. No permit is required for operation of a bathing beach or for the construction or maintenance of a bathing beach facility by a State or Federal agency.
No major alteration, renovation or modification shall be made in a bathing beach unless a written description of the alteration or repair or addition is submitted to and approved by the Department in writing prior to commencing work. Repair or remodeling of an existing permitted bathing beach shall be in compliance with the design and construction requirements in this Article. Prior to adapting a water body for use by siting or constructing a public bathing beach, and prior to major renovation or modification of a existing bathing beach, the Department shall review and approve the following:
(a) Engineering Plans, Specifications and Engineering Reports. Every owner, personally or through his or her engineer or architect, shall submit to the Department engineering plans, specifications and engineer's report covering construction, major alteration or modification of the bathing beach prior to the start of construction. Plans, specifications, and reports shall be prepared by an engineer or architect licensed to practice in the State of New York, and shall include at least the following:
(1) A Scope of Work Letter. The letter shall include a detailed discussion of the proposed work to be performed;
(2) Engineering plans. Three identical sets of engineering plans each bearing the seal and signature of an engineer or architect licensed to practice in the State of New York. The plans shall include the layout of the bathing beach, including, but not limited to: dimensions, bathhouses, access roads, parking, building, water supplies, sanitary and storm sewers, electrical and telephone services; and
(3) Specifications. One set of complete specifications for the construction of the bathing beach.
(b) Supplemental Information. An application shall be accompanied by any supplemental information, evidence, or documentation that the Department deems necessary.
(c) Proposed Bathing Beaches. In addition to the requirements set forth in subsections (a) and (b) of this section, an application to locate and/or construct a public bathing beach shall include, but not be limited to, the following:
(1) Site Assessment. A site assessment must include the following information:
(A) Watershed Map. A detailed map depicting the waterbody and watershed, including but not limited to existing wastewater treatment plant discharge points, combined sewer overflow discharges, septic systems, storm sewer outfalls, agricultural runoff, landfills, commercial or industrial drainage, or other facilities that may have an impact on water quality, adjacent land use and major physical contour, highways, etc. The extent of the watershed to be mapped should be based upon knowledge of the characteristics of the watershed. All potential sources of pollution and wastewater discharge points must be shown on the map.
(B) Plot Map. A map drawn to scale, showing bathing beach location, dimensions, contours, existing land use and wastewater discharge points within 10,000 feet of the proposed beach unless otherwise required by the Department.
(C) Water Level. Seasonal or anticipated water level variation. If auxiliary water to augment low flow is planned, source, location and flowrate shall be described.
(D) Sources of Contamination. Evaluation of:
(i) type and size of existing and potential sources of contamination, volume, occurrence and concentration level of materials in the effluent that may be of potential hazard to the bathers, and
(ii) the potential for additional contamination after a significant rainfall event.
(E) Weather and Topographical Influences. Prevailing wind direction during the bathing season, rainfall, topography, or environmental factors including current measurements.
(F) Water Quality. A history of the bacteriological quality, pH, and the turbidity of the proposed body of water shall be researched from all possible sources. The results of at least one set of representative bacterial samples, each week for a period of eight weeks shall be included. Eight sets of samples shall include at least one set after heavy rains consisting of daily samples for a five-day period.
(G) Physical and Chemical. The physical and chemical quality of bathing water, including color, odor, floatable debris, oils and greases, high turbidity and other substances that can potentially present a public health threat. Except at ocean beaches, it shall be possible to see an eight inch black-and-white disk in four feet of water. Clarity tests should be performed at four-foot depth in the bathing area at a minimum of three different locations. A map depicting test locations, dates of sampling, and current conditions should be submitted.
(H) Biological. The biological quality of the bathing water, including vegetation types, infectious snails, bird nesting areas, and poisonous or dangerous aquatic organisms.
(I) Fishing, Boating and Canoeing. Location and level of boat traffic, number of vessels with marine sanitation devices, marinas or boat dockage areas, and any canoeing activity or fishing.
(2) Bathymetry. Bathing area boundaries, bottom slopes and material including high and low tide lines, and depth lines at mean high tide on a 5-foot contour.
(3) Emergency Services. Location relative to service facilities, such as medical, fire and police protection and communication.
(4) Capacity. Maximum and average bathing loads.
(5) Any other information that may impact the health or safety of bathers.
(d) Certification. Prior to operation of a new facility or equipment, the applicant must submit to the Department a construction compliance certificate prepared and signed by a professional engineer or architect licensed to practice in New York State. This certificate must include a written statement that the bathing beach and the building(s) and all appurtenances have been constructed in accordance with plans and specifications approved by the Department.
(e) Construction Compliance Inspection. The applicant shall notify the Department of the completion of construction, modification, alteration or addition in order to schedule a required compliance inspection. Approval for a construction compliance inspection will be granted when all of the required items are completed to the Department's satisfaction.
(f) Permit Conditions. Approval certificates or permits from other permit issuing agencies, if applicable or required by the Department.
(a) Public Health Hazards and Closing Criteria. Where a public health hazard condition exists, including one or more of the following, and said hazard(s) is(are) not immediately corrected, the bathing beach may be immediately closed in whole or in part by the Department and shall remain closed until such conditions are corrected to the satisfaction of the Department and in accordance with the provisions of this Article. The bathing beach in whole or in part shall remain closed until the Department has authorized reopening. Public health hazards shall include, but not be limited to, any of the following:
(1) Failure to provide adequate supervision of the beach as prescribed in 24 RCNY Health Code § 167.19;
(2) Failure to provide all lifesaving and safety equipment as prescribed in 24 RCNY Health Code § 167.21;
(3) Water quality inadequate as specified in 24 RCNY Health Code § 167.17(c);
(4) Failure to post public notification signs or advisories as prescribed in 24 RCNY Health Code § 167.27 indicating a potential health hazard or hazardous conditions, when water quality exceeds prescribed standards, in the event of sewage spills and pollution events, or when medical waste/hazardous materials are observed;
(5) Failure to provide adequate signs indicating that swimming and bathing are prohibited when lifeguards are not on active duty as prescribed in 24 RCNY Health Code § 167.19(a)(4), or when the bathing beach is closed;
(6) Medical waste, sewage, petroleum or other hazardous materials observed in beach area as prescribed in 24 RCNY Health Code § 167.13(a)(2);
(7) Use of unapproved or contaminated water supply sources for potable water use as prescribed in 24 RCNY Health Code § 167.31(f);
(8) Overhead electrical wire within 20 feet horizontally of the bathing beach as prescribed in 24 RCNY Health Code § 167.37(g)(2);
(9) Operating a bathing beach without a valid permit issued by the Department as prescribed in 24 RCNY Health Code § 167.05(a), (c);
(10) Operating without an approved Beach Safety Plan as prescribed in 24 RCNY Health Code § 167.23(a);
(11) Failure to provide depth markings, safety lines and diving requirements as prescribed in 24 RCNY Health Code § 167.29(b)(4), (5);
(12) Failure to provide appropriate safety and warning signs as prescribed in 24 RCNY Health Code § 167.37(f)(1), (f)(2)(B), (C); and,
(13) Any other condition determined to be a public health hazard by the Department.
(b) Inspection availability. The most recent inspection report shall be available at the facility at all times and shall be presented for inspection upon request by the Department.
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