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(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.
When used in this article the following terms shall have the following meanings:
(a) Advertisement means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase or use of a hazardous substance.
(b) Art material means any substance marketed or represented by the producer or repackager as suitable for use in any phase of the creation of any work of visual or graphic art of any medium. The term does not include substances subject to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, or drugs, devices, or cosmetics subject to 24 RCNY Health Code Article 71.
(c) Combustible means having a flashpoint at or above 100 degrees Fahrenheit (37.8 degrees Celsius) to and including 150 degrees Fahrenheit (65.6 degrees Celsius) as determined by the test method described at 16 C.F.R. § 1500.43a or successor regulation.
(d) Corrosive means capable of causing destruction of living tissue by chemical action when placed in contact with such tissue but shall not refer to action on inanimate surfaces.
(e) Electrical hazard means an article that in normal use or when subjected to reasonably foreseeable damage or abuse may cause personal injury or illness by electric shock due to its design or manufacture.
(f) Extremely flammable means that a substance has a flashpoint at or below 20 degrees Fahrenheit (-6.7 degrees Celsius) as determined by the test method described at 16 C.F.R. § 1500.43a, or successor regulation.
(g) Flammable means that a substance has a flashpoint above 20 degrees Fahrenheit (-6.7 degrees Celsius) and below 100 degrees Fahrenheit (37.8 degrees Celsius), as determined by the method described at 16 C.F.R. § 1500.43a or successor regulation.
(h) Flashpoint means the lowest temperature of a product at standard conditions at which the product's vapors will ignite momentarily when subjected to a flame. Flashpoint temperatures shall be determined pursuant to the procedures set forth in 16 C.F.R. § 1500.43a or successor regulations.
(i) Hazardous substance means:
(1) Any substance or mixture of substances that is combustible, corrosive, extremely flammable, flammable, highly toxic, an irritant, a strong sensitizer, toxic, or generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause or has caused substantial personal injury, including developmental delay or cognitive impairment, or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;
(2) Any substance that the Federal Consumer Product Safety Commission determines is hazardous;
(3) Any radioactive substance if, with respect to such substance as used in a particular class of article or as packaged the Federal Consumer Product Safety Commission determines by regulation that the substance is sufficiently hazardous to require labeling to protect the public health;
(4) Any toy or other article which the Federal Consumer Product Safety Commission or the Commissioner determines presents an electrical hazard, mechanical hazard, or thermal hazard; and
(5) Any substance or product that contains a concentration or amount of lead that may cause or has caused substantial personal injury, including developmental delay or cognitive impairment, or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children. Such products include, but are not limited to:
(A) Jewelry that is found to contain more than 100 parts per million of total lead content in accessible parts or a concentration of lead greater than 0.009 percent (90 parts per million) in paint or any similar surface coatings; and
(B) Ceramic ware that is not suitable for use with foods because it leaches significant quantities of lead from potential food contact surfaces, as described by U.S. Food and Drug Administration Compliance Policy Guide Sections 545.450 and 545.500. The lead leaching limits for acceptable ceramic ware for use with foods is:
Product | Micrograms per milliliter limit |
Product | Micrograms per milliliter limit |
Ceramic ware: | |
Flatware (average of 6 units) | 3.0 |
Small hollowware other than cups and mugs (any 1 of 6 units) | 2.0 |
Large hollowware other than pitchers (any 1 of 6 units) | 1.0 |
Cups and mugs (any 1 of 6 units) | 0.5 |
Pitchers (any 1 of 6 units) | 0.5 |
Silver-plated hollow ware: | |
Product intended for use by adults (average of 6 units) | 7 |
Product intended for use by infants and children (any 1 of 6 units) | 0.5 |
(6) Hazardous substance shall not mean pesticides subject to the Federal Insecticide, Fungicide, and Rodenticide Act or State Environmental Conservation Law; substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house; and source material, special nuclear material, or byproduct materials defined and regulated in applicable federal, state and local law.
(j) Highly toxic means any substance which falls within the definition or description set forth in 16 C.F.R. § 1500.3 or successor regulation. If, pursuant to 16 C.F.R. § 1500.4 or successor regulation, available data on human experience with any substance indicates results different from those obtained on animals in the dosages and concentrations specified, human data shall take precedence.
(k) Human experience or data shall mean a report or evidence of exposure of one or more persons to a hazardous substance resulting in an adverse effect.
(l) Irritant means a substance that is not corrosive which on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction.
(m) Label or labeling means a display of written, printed, or graphic matter upon the immediate container of any hazardous substance or, in the cases of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto. A requirement of federal, State or local law that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears (i) on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and (ii) on all accompanying literature where there are directions for use, written or otherwise.
(n) Mechanical hazard means an article that in normal use or when subjected to reasonably foreseeable damage or abuse presents an unreasonable risk of personal injury or illness due to its design or manufacture:
(1) From fracture, fragmentation, or disassembly of the article;
(2) From propulsion of the article (or any part or accessory thereof);
(3) From points or other protrusions, surfaces, edges, openings, or closures;
(4) From moving parts;
(5) From lack or insufficiency of controls to reduce or stop motion;
(6) As a result of self-adhering characteristics of the article;
(7) Because the article (or any part or accessory thereof) may be aspirated or ingested; (8) Because of instability; or
(9) Because of any other aspect of the article's design or manufacture.
(o) Strong sensitizer means a substance that will cause a hypersensitivity-type reaction through an immunologically-mediated (allergic) response, including allergic photosensitivity, which offers a significant potential for causing injury and where the allergic reaction typically becomes evident upon reexposure to the same substance.
(p) Thermal hazard means an article or thing that in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces due to its design or manufacture.
(q) Toxic means a substance, other than a radioactive substance, that
(1) Has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface or any substance deemed to be toxic pursuant to the procedures as set forth in 16 C.F.R. § 1500.3 or successor regulation;.
(2) Is toxic (but not highly toxic) on the basis of human experience; or
(3) Presents a chronic hazard, if it is or contains a known or probable:
(A) Human carcinogen;
(B) Human neurotoxin; or
(C) Human developmental or reproductive toxicant.
(Amended City Record 6/19/2019, eff. 7/19/2019)
(a) No person shall transfer a hazardous substance from one container to another without affixing to the new container the labeling required by this article.
(b) No person shall use, possess, hold for sale, sell, give away or leave in any place a hazardous substance in a container which, whether or not previously used as a food, drug or cosmetic container, bears a food, drug or cosmetic label or imprint, or reuse a container which may be mistaken for a food, drug or cosmetic container because of its characteristic shape, impression or closure.
(a) Label required. No person shall sell, hold for sale, transport, or give away a hazardous substance unless the labeling complies with this article. When a hazardous substance is labeled in compliance with applicable State or Federal law, this section shall not apply, except that if the Commissioner finds that the labeling of the substance is inadequate to protect the public health, the labeling of the substance shall, upon the order of the Commissioner and written notice to the manufacturer or distributor, contain such additional matter as may be required by this section.
(b) Label contents. The label of a package or container of a hazardous substance shall bear the following information:
(1) The name and place of business of the manufacturer, packer, distributor or seller;
(2) The common or usual name, or if there is no common or usual name, the chemical name, or if there is no common or usual name and if the chemical name is unknown or complex, the recognized nonprotected name (not trade name only) of the hazardous substance or of each component which contributes substantially to its hazard, unless the United States Consumer Product Safety Commission by regulation permits or requires the use of a recognized generic name;
(3) The signal word "Danger," "Warning" or "Caution" to indicate the degree of hazard. The signal word "Danger" shall be used for substances which are extremely flammable, corrosive, or highly toxic. The signal word "Warning" or "Caution" shall be used for all other hazardous substances;
(4) An affirmative statement of the principal hazard or hazards of the substance such as "Flammable," "Extremely Flammable," "Vapor Harmful," "Causes Burns," "Absorbed through Skin" or similar words descriptive of the hazard;
(5) Precautionary measures describing the action to be followed or avoided;
(6) Instructions for first-aid treatment, if available;
(7) Instructions for handling or storage on packages or containers requiring special care in handling or storage;
(8) Instructions for final disposal of containers on retail packages or containers requiring special care in disposal; and,
(9) The statement "Keep Out of the Reach of Children" or its practical equivalent on retail packages or containers offered for household use.
(c) Poisons. In addition to the words, statements or other information required by subdivision (b) of this section, a hazardous substance shall bear on its label the word "Poison," a skull and crossbones symbol, directions to call a physician upon ingestion and, if available, an antidote, if such hazardous substance is highly toxic as defined in this Article.
(d) Art materials. All art materials shall be labeled in a manner as required pursuant to the Federal Hazardous Substances Act, as amended, and related regulations.
(e) Other substances to be labeled. When the Commissioner finds that any substance is dangerous or detrimental to the health and safety of the public, the Commissioner may require the substance to be labeled pursuant to subdivisions (b) or (c) of this section.
(e-1) Ceramic ware not suitable for use with food. All ceramic ware not suitable for use with foods must either:
(1) Bear two types of conspicuous warnings:
(A) A stick-on label on a surface clearly visible to consumers that states in legible font at least 3.2 mm (0.125 inches) in height one of the following messages:
(i) "Not for Food Use. May Poison Food,"
(ii) "Not for Food-Use. Glaze contains lead. Food Use May Result in Lead Poisoning," or
(iii) "Not for Food Use - Food Consumed from this Vessel [Plate] May be Harmful"; and
(B) A legible permanent statement of a message selected from the above paragraph molded or fired onto the exterior surface of the base or, when the ceramic ware is not fired after decoration, permanently painted legible font at least 3.2 mm (0.125 inches) in height onto the exterior surface of the base; or
(2) Bear the label described above in Subparagraph (A) of Paragraph (1) of this subdivision and have a hole bored through any potential food-contact surface.
(f) Strong sensitizers. When the Department determines that a substance is a strong sensitizer, it may order the manufacturer, distributor or seller to label the substance pursuant to subdivision (b) of this section.
(g) Experimental substances. Subdivisions (b) and (c) of this section shall not apply to a substance still in the development stage when it is used solely for experimental purposes and when it is known that no specific hazard exists but the potential hazard is not identified, if it bears the following label or its practical equivalent: "Important! The properties of this substance have not been fully investigated and its handling or use may be hazardous. Exercise due care."
(h) Wrapper labels. The words, statements or other information required by this article to be borne on the label or labeling of a hazardous substance shall also appear on the outside container or wrapper, if any, of the retail package of the substance, unless the required word, statement or other information is easily legible through the outside container or wrapper, and on each place of the labeling of a hazardous substance where there are directions for use, whether written or otherwise.
(i) Labeling to be conspicuous. All words, statements or other information required on the label or labeling shall appear in a prominent place in the English language and in conspicuous and legible type which is contrasted by typography, layout or color from other printed matter on the label, container or wrapper. If the label or labeling contains any representation in a foreign language, all words, statements or other information required to appear on the label, container or wrapper shall also appear thereon in the foreign language.
(Amended City Record 6/19/2019, eff. 7/19/2019)
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