§ 167.05 Permit Applications.
RCNY § 167.05
(a)No person, group of persons, firm, corporation, association, organization or institution shall construct, operate, modify, maintain or grant permission for the use of any bathing beach without a permit issued by the Department. No bathing establishment shall be constructed nor shall any major renovation or modification be made to any bathing establishment unless a completed application for construction, alteration or addition is submitted to the Department for review and approval prior to commencement of work. The permit shall be posted conspicuously at the facility. The Department may order any bathing beach operating without a permit to close and remain closed until the bathing beach has obtained and displays a valid permit issued by the Department.
(b)Application. Application for a permit shall be made to the Department at least 30 days prior to the opening of any bathing beach. The application shall include appropriate fees, application forms and other supplemental information as required by the specific circumstances.
(c)Renewal. A bathing beach permit shall be renewed at least 30 days before reopening for the season. A bathing beach may be closed by the Department for failure to renew a bathing beach operating permit before reopening.
(d)Restriction. No person shall operate, construct or maintain and no permit shall be issued for a bathing beach within 750 feet of the point of discharge of the outlet of any sanitary sewer, the flow of which would contribute in any way to the pollution of the waters used by the bathers, and located outside the boundary delineated for primary contact recreation as defined by applicable regulations of the New York State Department of Environmental Conservation (see 6 NYCRR § 700.1; see also, 6 NYCRR Parts 890, 891). "Primary contact recreation" shall mean recreational activities where the human body may come in direct contact with raw water to the point of complete body submergence. Primary contact recreation includes, but is not limited to, swimming, diving, water skiing, skin diving and surfing.
(e)Requirements for Permit Approval. All bathing beaches shall be designed, constructed and completed in accordance with the requirements of this Article. For permit applications for new bathing beaches, the following must be submitted to the Department: (1) A completed and approved Beach Safety Plan, as required by 24 RCNY Health Code § 167.23.
(2)Certificate of Occupancy for the bathing beaches from the City Department of Buildings including certificate of inspection for electrical work and plumbing.
(3)Copies of Aquatic Supervisory Certificates, as required by 24 RCNY Health Code § 167.19.
(f)Change in Ownership. In the event of change in ownership of any bathing beaches permitted under this Article, the owner shall file an application with the Department for a change in ownership within 30 days after such change has occurred.
(g)Exemption. No permit is required for operation of a bathing beach or for the construction or maintenance of a bathing beach facility by a State or Federal agency.
