§ 167.03 Definitions.
RCNY § 167.03
(a)"Adequate" means sufficient to accomplish the purpose for which something is intended, and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Article.
(b)"Approval" means an authorization, permit, certification or equivalent determination issued pursuant to requirements promulgated by the Department.
(c)"Aquatic Supervisory Staff" means an individual possessing the qualifications of Supervision Level I, Supervision Level IIb, or a supervising lifeguard, as defined in 24 RCNY Health Code § 167.19(c).
(d)"Bathing" means recreational activities where any part of the human body may come in direct contact with water to the point of complete body submergence. Bathing includes, but is not limited to, swimming, diving, and wading. Bathing does not include any activities where contact with the water is minimal and where ingestion of the water is not probable, such as fishing and boating.
(e)"Bathing Beach" means any waterfront area of the City with associated bathing beach facilities not specifically restricted by the by the provisions contained in 24 RCNY Health code § 167.05(d), where bathing is permitted regardless of whether it is recommended in accordance with the classifications given in 24 RCNY Health Code § 167.17. Bathing beach facilities include, but are not limited to, buildings, equipment, lavatories, toilets and showers or dressing facilities containing toilets and showers, if any, and the land areas used in connection therewith.
(f)"City" means the City of New York.
(g)"Department" means the New York City Department of Health and Mental Hygiene.
(h)"E. coli" means Escherichia coli a bacteria species which is a member of the family enterobacteriaceae which are the predominant facultative anaerobes in humans and warm blooded animal fecal material.
(i)"Enterococci" means enterococci bacteria, a subgroup of fecal streptococci that includes Enterococcus faecalis, Enterococcus. faecium, Enterococcus avium, and their variants. Enterococci bacteria are commonly found in the feces of humans and other warm-blooded animals. Although some strains are ubiquitous and not related to fecal pollution, the presence of enterococci in water is an indication of fecal pollution and the possible presence of enteric pathogens.
(j)"Fresh Water" in the City means any pond, lake or river in the City, including the Hudson River.
(k)"Geometric Mean" means the antilog of the summation of the logarithms of the values for samples examined divided by the number of samples.
(l)"Major Alteration, Renovation or Modification" means substantial physical changes to the bathing beach structure, enclosure, and electrical system or to the wastewater system. It does not include normal maintenance or repair.
(m)"Marine Water" means ocean and estuary water bodies. In the City, it means water bodies immediate to The Long Island Sound, Atlantic Ocean, and The New York Bight.
(n)"Preemptive Standards – New York City Wet Weather Advisory." A preemptive standard is a threshold level of precipitation that, when exceeded, can cause combined stormwater and sewage runoff to bypass the waste water treatment plants and overflow onto nearby receiving beach water bodies and may pose a public health threat. Based on hydraulic modeling of City waters, the Department issues Wet Weather Advisories each year for those bathing beaches directly impacted by wet weather.
(o)"Public Health Hazard" is any condition which poses an imminent threat to the health or safety of the public.
(p)"Qualified Lifeguard" means an individual possessing the qualifications of Supervision Level I and IIb as defined in 24 RCNY Health Code § 167.19(c).
(q)"Responsible Person" means a competent individual, at least 18 years of age, employed by the owner or operator of the bathing beach, who is capable of exercising control over the patrons and is trained in the use of lifesaving and safety equipment, in emergency procedures and the Beach Safety Plan.
(r)"Standard Method" means the most recent edition of the publication entitled Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.
