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(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.
(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.
The operator shall keep and maintain a log book of daily bathers using the beach, number of lifeguards on duty, weather conditions, water clarity, results of any water quality laboratory results and reports, and any reported rescues, injuries and illnesses. Copies of records shall be submitted to the Department on a monthly basis. The records shall be maintained at the facility for 12 months.
(a) All bathing beaches shall be designed and constructed in accordance with the requirements contained in this Code. These standards are applicable to the design of new or modified bathing beaches regulated by this Article. The designing architect or engineer shall certify the structural stability and safety of the facility.
(b) Pre-Qualifications for Proposed Beach. A proposed bathing beach shall meet the following pre-qualification requirements for establishing a beach:
(1) Site Assessment. A satisfactory approval by the Department for site assessment contained in 24 RCNY Health Code § 167.07(c);
(2) Water Surface Area. The water surface where the beach is to be developed shall be at least one acre. In the event that the area is less than four acres with natural flow-through below 100 gallons per bather per day, a source of dilution water of at least 100 gallons per bather per day must be provided in accordance to the water quality requirements prescribed in 24 RCNY Health Code § 167.13;
(3) Land Area. At least 35 square feet of land area per bather shall be provided;
(4) Bottom Slope. For depths up to four feet, the slope shall be uniform and not exceed 1:10 for greater depths, the slope should not exceed 1:3;
(5) Bottom Material. The bottom up to a water depth of six feet shall consist of sand, pea gravel or other similar material;
(6) Sewage Discharge. Wastewater discharges from sewage treatment plants, combined sewers or other sources shall be prohibited within 750 feet of the bathing beach;
(7) Water Currents. Water currents in the bathing area shall not exceed three feet per second; and
(8) Water Quality. Bathing beaches shall meet the water quality standards for bacteriological, physical and chemical quality contained in 24 RCNY Health Code § 167.13.
(c) Maximum Permissible Loading. Maximum Bathers. The maximum number of bathers permitted in the shallow water (four feet or less) of a bathing beach shall not exceed one bather per 25 square feet of water surface. In areas of water depth greater than four feet, at least 75 square feet per bather shall be provided.
(d) Diving.
(1) Diving Platforms. Floating diving piers and fixed platforms shall be constructed with a visible 12-inch air space under maximum feasible load. There shall be as little underwater construction as is consistent with adequate support. All braces and struts shall be designed to prevent entrapment of bathers. For solid flotation devices such as foam blocks, no air space is required.
(2) Depth. Diving from rafts, piers or other platforms shall be prohibited, unless a minimum water depth at mean low tide of eight feet is provided and maintained for a distance of at least 10 feet forward of the diving direction. For a diving board or other device three or less feet above the water, the depth at the end of it, and for 12 feet beyond it, shall be 10 feet. For heights above water greater than three feet, the depth at those locations shall be 12 feet and 20 feet beyond it. No diving device more than 10 feet above water shall be installed.
(e) Depth Markers and Safety. Except ocean beaches, marker lines with buoys shall be provided at all beaches to designate the perimeter, the shallow and deep-end areas at a depth of three to four feet, the diving area, drop-offs, and radical changes in slopes or underwater obstructions. A separate wading area up to two feet deep, designated by lines, shall be provided. Lines shall have floats at five-foot intervals and be securely anchored, and have buoys no more than 25 feet apart and at point where lines are joined.
(f) Safety and Warning Signs.
(1) "No Diving" Markers. Clearly visible depth markers shall be provided at all the diving boards, platforms piers, floats and similar facilities, together with warning signs indicating "No Diving" where depth is less than eight feet.
(2) Warning Signs. A sign or signs shall be securely posted in a conspicuous place or places at the bathing facility and shall provide the following information:
(A) Maximum number of persons permitted at the bathing beach at any time;
(B) The hours during which public bathing is allowed, and that entry into water at other times is prohibited; and
(C) Beach Closed. "No Swimming and Bathing" signs shall be placed up in areas adjacent to the beach but not open for swimming and bathing, and on the beach during the closed season.
(g) Electrical Requirements.
(1) All electrical wiring shall conform to Chapter 3 of Title 27 of the Administrative Code of the City of New York, entitled the "Electrical Code" and the National Electrical Code of the National Fire Protection Association, or any successor regulation or code.
(2) Overhead Clearance. No overhead electrical wiring, including lights, or plug-in electrical devices, such as portable announcing systems and radios, shall pass within 20 feet horizontally of the bathing beach high water line.
(h) Safety Equipment. The bathing beach shall provide the lifesaving and safety equipment identified in 24 RCNY Health Code § 167.21(a), (b) and (c).
(j) 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 contain the equipment identified in 24 RCNY Health Code § 167.21(d).
(a) Materials. Floors of the facility shall be of smooth-finished material with non-slip surfaces, impervious to moisture, cleanable and sloped at least one-fourth inch per foot to drains. Carpeting shall not be permitted in shower and toilet areas or other areas receiving bathers. Junctions between walls and floors shall be coved. Walls and partitions shall be of smooth, impervious materials, free from cracks or open joints. Partitions between dressing cubicles shall maintain at least 10 inches of open space from the floor or shall be placed on continuous raised masonry or concrete bases at least four inches high or on legs with bottom of locker at least 10 inches above the floor.
(b) Toilets, Washbasins and Showers. All bathing beach facilities shall be provided with an adequate number of toilets and handwashing facilities.
(1) A facility shall provide properly lighted, ventilated and maintained toilets and handwashing sinks and an adequate number of showers or a dressing facility containing toilets and showers.
(2) Separate toilet facilities shall be provided for each sex. All toilet facilities shall be provided with soap, paper towels or electrical hand drying units, and covered waste receptacles. Suitable sanitary napkin receptacles shall be provided in toilet facilities used by females.
(3) Where showers are provided, they shall be supplied with water at a temperature of at least 90 degrees Fahrenheit and no more than 110 degrees Fahrenheit at a rate of at least 1.5 gallons per minute per showerhead. Thermostatic, tempering or mixing valves shall be kept in good operation to prevent scalding of bathers.
(c) Drinking Water Fountains. Where drinking fountains are provided, at least one drinking fountain for each 500 feet distance or for every 1,000 users shall be provided.
(1) Fountains shall be of slanting jet type with surrounding guard and non-submersible opening.
(2) Fountains shall be supplied with a minimum water pressure of 20 pounds per square inch.
(d) Suits and Towels. Where swimming suits and/or towels are provided, these items shall be properly stored and sanitized.
(e) Lockers. Lockers, where provided, shall be constructed on solid masonry or concrete bases at least four inches high or on legs with bottom of lockers 10 inches above the floor. Lockers shall be vented.
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