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(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.
(a) Lifesaving equipment shall be kept in good repair, have its function plainly marked, be kept in ready-to-use condition, and be readily accessible at bathing beaches at all times. At a minimum, the following equipment shall be maintained at all times:
(1) One rescue tube or torpedo buoy with attached line and a pocket face mask or face shield with a one way valve to assist with CPR for each lifeguard required by this Article, and
(2) One rescue board or lifeboat including sterned lifeboat, a catamaran surfboat or other suitable surfboat. The lifeboat or surfboat shall have hanging ropes on each side so that bathers may readily hold on and obtain support. The lifeboat or surfboat shall also be equipped with at least one ring buoy or life preserver with 60 feet or 18 meters of line attached, and
(3) One spine board, minimum of 6 feet long and 16 inches wide, provided with straps and head immobilizater to aid immobilization of victim, and 10 handholds, and
(4) One First Aid kit, which may be any commercially prepared 24-unit kit, or a supply of bandaids, bandage compresses and self-adhesive bandages.
(b) At least one set of the items listed in (2), (3) and (4) above shall be provided for each 500 feet of beachfront or fraction thereof, or as specified in the approved Beach Safety Plan, and shall be readily accessible to the lifeguards therein.
(c) Lifeguard Station
(1) Elevated Chair. There should be one elevated lifeguard chair for each 50 yards of beach front, or at locations provided in the approved safety plan. Elevated lifeguard chairs or towers shall be high enough to provide a completely unobstructed view of the bathing area under surveillance.
(2) Lifeguard Apparatus. Each lifeguard chair shall be equipped with a whistle or megaphone, and an umbrella or sunshade.
(d) Telephone and Emergency Contact List. A telephone, radio, or other suitable means of communication shall be readily accessible to the lifeguards for emergency communications at the bathing beach. A telephone list of local police, emergency medical services, nearest hospital and other entities shall be posted in a conspicuous place. At beaches with multiple lifeguard chairs, at least one radio and telephone shall be readily available from a lifeguard station building.
(e) Emergency Care/First Aid Room. Every bathing beach capable of accommodating 500 bathers shall have a readily accessible room or area designated and equipped for emergency care. The room shall be equipped with at least the following:
(1) Running potable water;
(2) A cot or bed with blankets and sheets;
(3) Advanced first aid supplies at least equivalent to 24 units; and
(4) Resuscitation equipment.
(a) The operator of a bathing beach shall develop, maintain, and implement a written Beach Safety Plan that consists of health and safety procedures to be followed by beach personnel during normal operations and in emergency situations. The plan shall include daily procedures and protocols for bather supervision, coverage and surveillance, responsibility and organization of all personnel, injury prevention, reacting to potential incidents, injuries and emergency situations, a list of emergency telephone numbers, location of first aid and rescue equipment, providing first aid and summoning help, and such other information, evidence, or documentation as the Department may require. The safety plan must be approved by the Department in writing before implementation. The safety plan must be kept at the beach facility at all times and be presented for inspection by the Department upon request.
(b) Revisions. The owner, lessee or operator shall submit to the Department revisions to the Beach Safety Plan whenever a change occurs in the facility, or at the direction of the Department. Revisions to the Beach Safety Plan shall not be implemented without written approval from the Department.
Prior to opening the bathing beach for operation, the operator or aquatic supervisory staff shall conduct a daily sanitary and safety survey. A sanitary and safety survey shall include, but not be limited to, a visual inspection for untreated sewage discharge, petroleum oil slick, floatable debris, medical/infectious materials or other sources of contamination as per 24 RCNY Health Code § 167.13(a)(2). All refuse (especially items such as syringes and medical refuse), garbage, and debris left on the beach or floating nearby, shall be removed and disposed of properly. The waterfront area of the beach shall be free of potholes, loose rocks, debris, glass containers, and other dangerous objects. If pollution which may potentially present a public health threat is observed, as described in 24 RCNY Health Code § 167.13(a)(2), the operator shall close the beach immediately and notify the Department for further instructions.
Bathing beach operators shall notify bathers of potential contamination, confirmed contamination, or public health hazards, as classified in 24 RCNY Health Code § 167.17(b) and (c), by posting signs as prescribed by the Department in a conspicuous and visible place. Signs shall be posted by the bathing beach facility in areas visible to bathers including, but not limited to, beach entrances, bulletin boards, or in the general vicinity of the common bathing areas.
(a) Class B: Under Advisory – Not Recommended For Swimming and Bathing.
(1) Preemptive Standards – New York City Wet Weather Advisory. The bathing beaches covered under the Wet Weather Advisories, as defined under 24 RCNY Health Code § 167.03(n), shall post a "permanent" advisory at their beach operation, in an area visible and accessible to the public, during the entire bathing season, notifying the public of possible water quality standard exceedances and the potential of contracting bathing related illnesses. The operator is responsible for monitoring the rainfall intensities in the area. When the rainfall intensity exceeds the thresholds of the Preemptive Standards – New York City Wet Weather Advisories, as issued by the Department, the operator shall post additional signs approved by the Department indicating that the Wet Weather Advisory is in effect until the required time period has elapsed.
(2) Preemptive Swimming and Bathing Advisory. The operator is responsible for posting signs indicating a Preemptive Swimming and Bathing Advisory when instructed by the Department. The sign must be posted and maintained until further notice from the Department.
(b) Class C: Closed – Temporarily Restricted for Swimming and Bathing.
(1) The bathing beach shall be closed for swimming and bathing by the operator when notified by the Department and must remain closed until the Department authorizes reopening. The operator is responsible for restricting bathers from entering the water and for posting beach closure signs as required by the Department.
(2) If the operator or any aquatic supervisory staff on duty determines that adverse weather or other environmental conditions pose a threat to the health and safety of the public, the operator must close the beach and beach closure signs must be posted.
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