§ 48.03 Definitions.
RCNY § 48.03
When used in this Article, the following terms have the following meanings: "Acceptable training in cardiopulmonary resuscitation (CPR)" means a CPR training program determined by the NYSDOH to provide an adequate level of knowledge and skills necessary to perform two-rescuer CPR for all ages (infant, child and adult). Such training program must be deemed an accepted course by the NYSDOH current fact sheet entitled "Cardiopulmonary Resuscitation Certification for NYS Children's Camps and NYS Bathing Facilities" or successor document. CPR certificates shall be valid as specified by the provider but shall not exceed one year from the date of course completion. "Acceptable training in first aid" means certification in a first aid training program approved by the Department. "Activity leader" means the staff-person who is deemed competent based on training and/or experience in the activity being conducted and is charged with supervising all children and adults in that activity. "Adequate" means minimally 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, profession or activity, is adequate within the meaning of this Article. "Aquatic amusement park activities" means where patrons are partially or totally immersed in water and includes but is not limited to "lazy rivers", activity pools, wave pools and water slides. "Aquatics director" means an experienced swimming instructor and lifeguard who oversees all aquatic and boating activities at any location. This person shall supervise lifeguards, progressive swimming instructors, and counselors with bather supervision responsibilities and implement the camp safety plan during all aquatic activities. "Camp" means a day camp, overnight camp or traveling day camp as defined in this Article. "Camper(s)" means a minor child under 18 years of age who is enrolled in a camp. As used in this Article, and unless the context clearly indicates otherwise, "camper" may be used interchangeably with "child" or "children". "Camp program for persons with a developmental disability" means a program: (a) within a camp, (b) with 20 % or more enrollment of campers with a developmental disability, and (c) that provides specially-designed recreational and educational activities and staffing ratios to benefit persons with a developmental disability. The age requirements for a day camp and an overnight camp do not apply. "Constant and competent supervision" means, for campers under 6 years of age, that camp staff must maintain direct line of sight observation of such children at all times. For children age 6 years and above, constant and competent supervision means taking into account the child's age, emotional, physical and cognitive development, and includes awareness of and responsibility for the ongoing activity of each child and requires that all children be near enough to camp staff such that staff can respond immediately if assistance is required. "Day Camp" means a property consisting of a tract of land and: (a) any tents, vehicles, buildings, or other structures that may be relevant to the camp's operation, and; (b) any part of which may be occupied on a scheduled basis at any time between June 1 and September 15 in any year, and; (c) used by children under 16 years of age, under constant and competent supervision, (d) where activities take place during a period of less than 24 hours on any day the property is so occupied and/or which no provisions are made for overnight occupancy by such children, and (e) provides indoor or outdoor organized group activities, involving 2 or more activities of which at least 1 is a high-risk activity, unless the high risk activity is conducted for no more than 1 hour per day constituting no more than one fifth (1/5) of the program's daily programming for children and which occur on a playground, in a gymnasium or similar setting. "Department" means the New York City Department of Health and Mental Hygiene. "Developmental disability" means a severe, chronic disability of a person that has originated before the age of 18, and manifests as a cognitive or neurological condition or diagnosis, such as cerebral palsy, epilepsy, autism or neurological impairment, which affects general intellectual functioning and/or adaptive behavior, that requires treatment and/or services and is likely to continue indefinitely. Except as provided in 24 RCNY Health Code § 48.25, any camp that admits any person with a developmental disability must develop and provide a specialized program and staffing ratios approved by the Department. "Equipment" means any furniture, amusement devices, activity, sports and playground equipment intended to be used by the camp for the use of campers and staff. Equipment must be age and developmentally appropriate, and accessible for the size and ability of the child and must be maintained and used in accordance with manufacturers' specifications and instructions. "Health director" means a physician, physician assistant, nurse practitioner, registered nurse, licensed practical nurse, emergency medical technician, or other person minimally certified in both first aid and cardiopulmonary resuscitation training as required by the Department and who is responsible for creating, executing and maintaining the health program. "Health program" means a program under the supervision of a designated health director created to assure the health and well-being of each child and each adult as required by this Article. "High risk activity" means an activity that may result in significant risk of injury including, but not limited to, "non-passive recreational activities with significant risk of injury" as defined in the NYS Sanitary Code (10 NYCRR § 7-2.2(l)). Examples of high-risk activity include, but are not limited to, all off-site trips and activities such as martial arts, court sports, field sports, water sports (including water slides), zip lining, parasailing, horseback riding, gymnastics, rock climbing, archery, bungy jumping, go-carts, motorized vehicle racing, skate boarding, roller skating or ice skating, trampoline, paint ball war games, cooking, or hiking in an area which is not within 5 minutes of a public road way, or involves incidental water immersion. "Incidental water immersion" means intentional entry into a body of water for a purpose, other than swimming, which is ancillary to the primary activity being conducted. Such immersion, including partial immersion, includes but is not limited to stream crossing or entering water for personal hygiene, but excludes boating, water skiing, sail boarding and similar water sports where participants wear U.S. Coast Guard approved lifejackets. "NYCRR" means the New York Codes, Rules and Regulations. "NYSDOH" means the New York State Department of Health. "Overnight camp" means a property consisting of a tract of land and: (a) any tents, vehicles, buildings or other structures that may be relevant to the camp's operation, and, (b) any part of which may be attended by persons under 18 years of age under constant and competent supervision, (c) for the purpose of outdoor or indoor organized activities, and (d) on which provisions are made for overnight occupancy of children. "Progressive swimming instructor" means a swimming instructor who is trained and who has the skills to assess the swimming ability of each camper prior to permitting them in water above chest level; such instructor training program must be deemed an accepted course by the NYSDOH current fact sheet entitled "Progressive swimming instructor for NYS children's camps." The progressive swimming instructor must be either: (a) a currently certified American Red Cross water safety instructor; or (b) possess a current certificate issued by a certifying agency determined by NYSDOH to provide an adequate level of similar training. A progressive swimming instructor may not perform lifeguard duties unless currently certified as a qualified lifeguard, and not currently performing instructional duties. "Public health hazard" means any violation or combination of violations and conditions concerning operation of the camp which could reasonably result in injury or be otherwise detrimental to the health and safety of a child. Any of the following are public health hazards which allow the Department to order its immediate correction and/or to order the permittee to cease operations immediately. Public health hazards include, but not are not limited to: (a) Failure to maintain constant and competent supervision of children; (b) Use of corporal punishments or of frightening or humiliating methods of behavior management; (c) Failure to immediately report instances of alleged child abuse, maltreatment, or neglect to the Department and the Statewide Central Register of Child Abuse and Maltreatment and to take appropriate corrective action to protect children when allegations of such abuse or maltreatment have been reported to or observed by the permittee; (d) Refusal or failure to provide access to the facility to an authorized employee or agent of the Department; (e) Uncontained sewage in any part of the facility; (f) Transporting children in the bed of a truck or trailer or in any other part of any motor vehicle that is not designed for passenger occupancy; or transporting children without adequate supervision; or failing to use appropriate child restraints in vehicles; (g) Failure to provide two approved means of egress or obstructing any means of egress or a required fire exit; (h) Failure to properly store flammable liquids or other toxic substances; (i) Failure to maintain firefighting or fire detection equipment in working order; (j) Contamination of the potable water supply by cross connection or other faults in the water distribution or plumbing systems; (k) Serving food to children from an unknown or unapproved source; serving food that is adulterated, contaminated or otherwise unfit for human consumption, or re-serving food that was previously served; (l) Failing to exclude from work at the program a person with a communicable disease who is required to be excluded, pursuant to 24 RCNY Health Code Article 11; (m) Failure to implement the program's written safety plan resulting in a child not being protected from any unreasonable risk to his or her safety; (n) Conducting construction, demolition, painting, scraping, or any repairs other than emergency repairs while children are present in the facility; failing to remove children from areas and rooms while such activities are in progress; (o) Failure to screen any person who has, or will have the potential for, unsupervised contact with children as required by this Article and in accordance with 24 RCNY Health Code § 47.19; or (p) Any other condition(s), violations, or combination of conditions or violations, deemed to be an imminent health hazard by the Commissioner or designee. "Staff" means any director, operator, employee, counselor or volunteer of a camp; or a consultant, employee or volunteer of a corporation, partnership, organization or other entity who has regular or substantial contact with campers. "Traveling day camp" means a day camp which: (a) regularly operates in a period between May 15 and September 15, and (b) which provides care and regularly transports children under 16 years of age on a regular schedule to a facility, site, or property, including any tract of land, beach, park, stadium, building, tent or other structures pertinent to its use and primarily for the purpose of organized group activities. (Amended City Record 12/26/2019, eff. 1/25/2020)
