§ 167.09 Enforcement.
RCNY § 167.09
(a)Public Health Hazards and Closing Criteria. Where a public health hazard condition exists, including one or more of the following, and said hazard(s) is(are) not immediately corrected, the bathing beach may be immediately closed in whole or in part by the Department and shall remain closed until such conditions are corrected to the satisfaction of the Department and in accordance with the provisions of this Article. The bathing beach in whole or in part shall remain closed until the Department has authorized reopening. Public health hazards shall include, but not be limited to, any of the following: (1) Failure to provide adequate supervision of the beach as prescribed in 24 RCNY Health Code § 167.19; (2) Failure to provide all lifesaving and safety equipment as prescribed in 24 RCNY Health Code § 167.21; (3) Water quality inadequate as specified in 24 RCNY Health Code § 167.17(c); (4) Failure to post public notification signs or advisories as prescribed in 24 RCNY Health Code § 167.27 indicating a potential health hazard or hazardous conditions, when water quality exceeds prescribed standards, in the event of sewage spills and pollution events, or when medical waste/hazardous materials are observed; (5) Failure to provide adequate signs indicating that swimming and bathing are prohibited when lifeguards are not on active duty as prescribed in 24 RCNY Health Code § 167.19(a)(4), or when the bathing beach is closed; (6) Medical waste, sewage, petroleum or other hazardous materials observed in beach area as prescribed in 24 RCNY Health Code § 167.13(a)(2); (7) Use of unapproved or contaminated water supply sources for potable water use as prescribed in 24 RCNY Health Code § 167.31(f); (8) Overhead electrical wire within 20 feet horizontally of the bathing beach as prescribed in 24 RCNY Health Code § 167.37(g)(2); (9) Operating a bathing beach without a valid permit issued by the Department as prescribed in 24 RCNY Health Code § 167.05(a), (c); (10) Operating without an approved Beach Safety Plan as prescribed in 24 RCNY Health Code § 167.23(a); (11) Failure to provide depth markings, safety lines and diving requirements as prescribed in 24 RCNY Health Code § 167.29(b)(4), (5); (12) Failure to provide appropriate safety and warning signs as prescribed in 24 RCNY Health Code § 167.37(f)(1), (f)(2)(B), (C); and, (13) Any other condition determined to be a public health hazard by the Department.
(b)Inspection availability. The most recent inspection report shall be available at the facility at all times and shall be presented for inspection upon request by the Department.
