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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.
(a) Each bathing beach shall be under the supervision of a competent operator who shall require the careful observance of sanitary regulations prescribed in this Article and the requirements of the permit issued for such bathing beach.
(b) Waterfront Use.
(1) Bather Loading. The number of bathers permitted in the bathing water of a bathing beach shall not exceed the maximum permissible loading established by 24 RCNY Health Code § 167.37(c). The operator shall be responsible for restricting usage so that the maximum capacity is not exceeded.
(2) Surrounding Property. All areas of an owner's, lessee's, or operator's property that are adjacent to the designated beach and are accessible to the public for entry into the water for bathing shall be supervised or patrolled during hours of operation. Bathing is prohibited in areas where there is not lifeguard supervision.
(3) Safety Signs or Public Advisory. Signs to be posted shall be maintained and posted conspicuously in manner consistent with the requirements of this Article.
(4) Depth markings and safety lines shall be provided and maintained in accordance with the provisions of 24 RCNY Health Code § 167.37(e) and be clearly visible and readable.
(5) Diving. Diving shall not be permitted unless minimum depths in accordance with provisions contained in 24 RCNY Health Code § 167.37(d)(2) are provided.
(6) Bathing at 150 feet or more from shore is prohibited.
(7) Motorized Vehicle. No motorized vehicles shall be permitted on the beach, except emergency and maintenance vehicles operated by the aquatic supervisory staff, lifeguards, or operators.
(8) Water Sports. No boating, water skiing, fishing, scuba diving, or surfboarding shall be permitted in a bathing area when bathing is allowed. Floating lines, buoys, or signs may designate separate areas for the above activities.
(9) Swimming and bathing are prohibited outside of established hours, at night, during lightning or a thunderstorm, or in dangerous or unauthorized areas.
(10) Fishing. Where allowed at a bathing beach during bathing season, fishing shall be permitted only in areas where bathing has been temporarily prohibited.
(11) Electrical Devices. All plug-in electrical devices, such as portable announcing systems and radios, are prohibited within 20 feet of the water.
(12) Glass. Glass containers shall not be permitted on the beach.
(13) Refuse. During bathing season, all refuse, garbage and debris, whether water borne or produced in connection with the normal operation of the bathing beach, must be removed, stored, and disposed of in a sanitary manner to prevent harborage of rodents, insect attraction or breeding, odors, public health hazards, and environmental pollution.
(a) All bathing beach facilities shall be properly lighted, ventilated, and maintained and operated in a safe, clean, and sanitary condition at all times. The floors, fixtures, showers, and toilets shall be kept clean, free of dirt and debris, and in good condition. Floors shall be maintained in a slip-resistant condition. A supply of toilet paper shall be provided at each toilet at all times.
(b) Toilet. Toilet and shower facilities shall be provided and maintained at all bathing beaches in accordance with 24 RCNY Health Code § 167.39.
(c) Hosing. A minimum length of 50 feet of hosing shall be provided and available within the bathhouse to flush the entire area. Vacuum breakers shall be attached to all hose bibbs.
(d) Lavatories. All lavatories shall be provided with liquid soap in an acceptable dispenser, paper towels or other individual towels or electrical hand-drying units, and a covered waste receptacle. Common use of bar soap or cloth towels shall not be permitted.
(e) Structural Condition. Walls and floors of the bathing beach facility shall be free from cracks or open joints. The floors must be well drained.
(f) Drinking Water. Water supply serving all plumbing fixtures, including drinking fountains, lavatories and showers, shall use the City water supply or shall meet the applicable drinking water quality standards for all sources of water supply in New York state. All facilities shall be provided with drinking water through a drinking fountain or served by disposable single-service drinking cups.
(a) 24-Hour Notification. In the event of a drowning, injury or illness in a bathing beach, bathing beach facility, or within the confines of the bathing beach, the owner, lessee, or operator shall notify the Department within 24 hours of occurrence whenever an incident occurs that:
(1) Results in death;
(2) Requires resuscitation;
(3) Requires referral to a hospital or other facility for medical attention; or
(4) Involves illnesses associated with the water quality;
(b) Reporting. In the event of an incident referred to in subsection (a) of this section, the owner, lessee, or operator shall submit to the Department a written incident report within seven days. The incident report shall be recorded in the log book and shall include:
(1) Name of the lifeguards, supervisor staff or operator;
(2) The date, time, exact location and type of incident;
(3) Cause of the injuries;
(4) The extent of injuries, if any;
(5) Actions taken by persons at the site;
(6) Witnesses statements; and
(7) Lifesaving and safety equipment used, if any.
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