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(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.
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 of this Article and upon such conditions as, in his or her opinion, are necessary to protect the health or safety of bathers. The denial of a request for modification by the Commissioner shall be deemed a final agency determination.
(a) All bathing beaches shall meet the following water quality standards:
(1) Bacteriological. The water quality in a bathing beach shall be determined through the collection and analysis of water samples for the presence of Enterococci and/or E. coli bacteria using the Standard Methods for the determination of Enterococci bacteria and E. coli approved for bathing beaches. The bacteriological water quality of bathing beaches shall meet the following standards:
(A) For marine water beaches Enterococci geometric mean shall not exceed 35 per 100 ml for a series of five or more samples collected during a 30-day period.
(B) For freshwater beaches Enterococci geometric mean shall not exceed 33 per 100 ml for a series of five or more samples collected during a 30-day period. -OR- E. coli geometric mean shall not exceed 126 per 100 ml for a series of five or more samples collected during a 30-day period.
(2) Chemical and Physical Quality. The water shall be free of deposits, floatable debris, growths, oils and greases, or any foreign substances that may potentially present a public health threat. The water in bathing beaches shall be considered to exceed the chemical and/or physical quality standards when the Department determines that any substance is being discharged or may be discharged into the water that is or may be hazardous to the health of persons using the bathing beach.
(b) Preemptive Standards – New York City Wet Weather Advisory. The bathing beach operator shall post public notifications as prescribed in 24 RCNY Health Code § 167.27(a).
(a) Collection of samples and analysis for the purpose of surveillance or design shall be performed in accordance with the sampling plan specified by the Department. The sampling procedures will be based on potential pollution sources, storm water discharges, historical water quality data, regional hydrodynamics, beach usage, beach length, and geomorphology for representation of water quality monitoring.
(b) Laboratory Analysis. Bathing beach samples shall be examined by a laboratory in possession of a valid current New York State Department of Health National Environmental Laboratory Accreditation Certification (NELAC) using approved methods in accordance with City, state, and federal agencies.
(c) Preemptive Standards – New York City Wet Weather Advisory. For bathing beaches covered under this advisory, the operator shall be knowledgeable of the established wet weather rainfall intensity standards set for the facility. The operator shall monitor rainfall intensity/data on a daily basis during the bathing season.
The Department shall assign to each bathing beach one of the classifications listed below based on the evaluation and evidence of information provided by water quality data, sanitary and safety survey, site condition or historical information.
(a) Class A: Open for Swimming and Bathing. All of the following conditions shall be considered in order for a beach to be classified as open and approved for swimming and bathing:
(1) Bathing beach water quality standards are in accordance with 24 RCNY Health Code § 167.13.
(2) Sanitary and safety surveys conducted pursuant to 24 RCNY Health Code § 167.25 are satisfactory to the Department; and
(3) The epidemiological history is satisfactory to the Department. No repeated complaints/reports of illness/injury received from the public or from owners/operators of bathing beaches.
(b) Class B: Under Advisory – Not Recommended for Swimming and Bathing. When any of the following conditions is present, a bathing beach/facility shall be under advisory, notifying the public of the likelihood of polluted water and recommending that the public avoid swimming in the water to prevent contracting a swimming related illness:
(1) Rainfall intensities exceed the preemptive standards/threshold of New York City Wet Weather Advisories, as issued by the Department before each bathing season.
(2) A sanitary and safety survey or investigation reveals the presence of floatable debris, medical/infectious waste, toxic contaminants, petroleum products and/or other contamination on the beach or evidence of sewage and wastewater discharge, which may constitute a potential public health hazard.
(c) Class C: Closed – Temporarily Restricted for Swimming and Bathing. When one or a combination of any of the following conditions exist, the beach may be closed for bathing.
(1) Water quality standards exceed the standards set forth in 24 RCNY Health Code § 167.13; or
(2) Epidemiological data indicates a significant incidence of related illnesses or repeated complaints/reports of illness/injury received from beach patrons; or
(3) Sanitary and Safety Survey/Investigation: A sanitary and safety survey or an investigation reveals the presence of floatable debris, medical/infectious waste, toxic contaminants, petroleum products or other contamination on the beach, or there is evidence of sewage and wastewater discharge in sufficient quantities that will adversely affect the quality of the beach water; or
(4) Presence of public health hazards as illustrated in 24 RCNY Health Code § 167.09. If a bathing beach is closed due to unsatisfactory water quality sampling data, the beach shall remain closed to the public until appropriate sampling shows that the water quality meets the standards prescribed in 24 RCNY Health Code § 167.13(a). When a bathing beach is closed pursuant to 24 RCNY Health Code § 167.17(c), no one shall be allowed in the water and the beach must not be reopened without the express written permission of the Department. If a beach operator temporarily closes a beach voluntarily, the operator may reopen the beach when the conditions that led to the closing have been corrected.
(a) Supervision. Aquatic Supervisory Staff defined under 24 RCNY Health Code § 167.19(c) shall be on duty at the waterside at all times when a bathing beach is used by the bather(s) and shall provide continuous visual supervision and surveillance of the bathers in their assigned or designated area of coverage, without interference or interruption of his/her duties unless additional qualified staff is provided. The staff shall not be subject to duties that will divert their attention from the safety of the bather(s), or that will prevent immediate assistance to persons in distress in the water.
(1) Minimum Supervision Requirement. At least one aquatic supervisory staff person having at least the required supervisory level required under 24 RCNY Health Code § 169.19(c) shall be provided at all times for continuous visual surveillance for each 50 yards of beachfront or fraction thereof. Sufficient aquatic supervisory staff must be provided for visual surveillance of the entire bathing area(s) open for swimming or bathing.
(2) Additional Supervision. The Department may require additional aquatic supervisory staff whenever it is necessary for the protection of the bathers. Factors for additional aquatic supervision requirement may include, but are not limited to: bather loads, currents, tides, and any other conditions which may cause changes in water conditions; size and configuration of beach shape; diving board use; and other bather activities.
(3) Area without Supervision. Legible signs stating "No Swimming or Bathing" must be posted at areas not permitted/approved for bathing on property adjoining the designated bathing area that is owned or under control of the permit holder.
(4) Lifeguard Not on Duty. When no lifeguard is on duty at a beach, legible signs stating "No Lifeguard on Duty – Bathing and Swimming Prohibited", or language to that effect, shall be posted at every entrance to the bathing area. The sign must be at least 36" × 24" in size, with letters at least two inches high.
(b) Operator. All bathing beach and beach facilities shall be maintained and supervised by a responsible person who, as the operator, shall maintain the beach in compliance with the provisions of this Article. The operator of the bathing facility shall be accountable for, but not be limited to, the following responsibilities:
(1) Controlling decorum and activities at the bathing site;
(2) Hiring and retaining adequate and qualified supervisory personnel;
(3) Reporting injuries and deaths to the Department;
(4) Public notification for potential contamination, confirmed contamination or public health hazards;
(5) Monitoring weather, and other environmental conditions, that impact the beach; and
(6) Maintaining the physical facilities as required by this Article.
(c) Certifications. All bathing beaches shall be supervised by the required certified personnel. Copies of certificates or other documents showing possession of such qualifications shall be kept at the facility at all times and shall be presented for inspection by the Department upon request.
(1) Lifeguards. Appropriately certified lifeguards shall be present whenever the beach is open. A minimum of one supervising lifeguard is required for bathing beaches that require three or more lifeguards. The lifeguard shall meet the following minimum requirements:
(A) Ocean Surf Beach: Supervision Level I – Surf Lifeguards
(i) Shall be at least 16 years old; and
(ii) Shall possess a current American Red Cross Basic Life Support for the Professional Rescuer Cardiopulmonary Resuscitation ("CPR") certificate or American Heart Association Course "C" CPR certificate, or an equivalent certificate approved by the New York State Department of Health. Certification period must not exceed one year; and
(iii) Must possess a current Municipal Lifeguard Certification, or accepted equivalent certificate having successfully completed a minimum 20-hour (24-hour if first aid skills are included) surf lifeguard training courses acceptable to The New York State Department of Health. All training and ocean testing must be satisfactorily completed prior to assignment at ocean front. The certification period must not exceed three years.
(B) Non-Surf Beach: Supervision Level IIb – Beach Lifeguard
(i) Shall be at least 16 years old (or 15 years old if supervisory lifeguard is present); and
(ii) Shall possess a current American Red Cross Basic Life Support for the Professional Rescuer CPR certificate or American Heart Association Course "C" CPR certificate, or an equivalent certificate approved by the New York State Department of Health. Certification period must not exceed one year; and
(iii) Shall successfully complete a minimum 20-hour (24-hour if first aid skills are included) lifeguard training course (including a beach module) acceptable to the New York State Department of Health and possess a current certificate thereof. Certification period must not exceed three years.
(C) Supervision Level III
(i) Shall be at least 18 years old (or 16 years old if certified as Level II Lifeguard);
(ii) Shall possess a current American Red Cross Community – CPR certificate, or equivalent approved by the New York State Department of Health. Certification period shall not exceed one year; and
(iii) Shall be competent to:
(a) understand and apply the rules and regulations of this Article and implement the safety plan;
(b) evaluate environmental hazards;
(c) use lifesaving equipment; and
(d) undertake bather/crowd control.
(D) Supervising Lifeguard. Beaches that require Supervision Levels I and IIb aquatic supervisory staff shall provide a supervising lifeguard when the facility is required to provide three or more aquatic supervisory staff.
(ii) Shall have at least two seasons of adequate lifeguard experience.
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