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What is NYC RCNY § 167.37?

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(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.

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§ 167.37 General Requirements.

RCNY § 167.37

(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.

(g)Electrical Requirements.

(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).

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