N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 6-3.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6-3.4 - Enforcement

(a) Permits and placarding.

(1) Operation of a spray ground without a permit is a violation of this Subpart. The permit-issuing official may order any spray ground operating without a permit to close and remain closed until the facility has obtained and displays a valid permit.

(2) The enforcement procedures delineated in sections 12, 12-a, 12-b, 16, 308, 309, 1303-1305 and 1308 of the Public Health Law may be used, as appropriate. Where a public health hazard is found, the spray ground shall be placarded to prohibit use until the hazard is corrected in order to protect the public health or safety of the patrons. When a placard is used, it shall be conspicuously posted at each entrance leading to the spray ground. The placard shall state the authority for its placement and indicate that concealment, mutilation, alteration or removal of it by any person without permission of the permit-issuing official shall constitute a violation of this Chapter and the Public Health Law.

(3) Within 15 days of placarding of a facility, the operator of such facility shall be provided with an opportunity to be heard and present proof that continued operation of the facility does not constitute a danger to the public health.

(4) The permit-issuing official or his/her designated representative shall inspect the premises, within two working days of notification that the hazard has been eliminated, to remove the placards after verifying correction.

(b) Public health hazards. Any of the following violations are public health hazards which require the permit-issuing official or his/her designated representative to order immediate correction or to immediately institute action as provided in the law and in this Subpart:

(1) failure to provide adequate supervision of the spray ground as prescribed in section 6-3.22 of this Subpart;

(2) failure to provide the minimum ultraviolet light dosage and/or absence of a residual of the required chemical disinfectant;

(3) failure to continuously operate the spray ground's filtration and disinfection equipment;

(4) use of an unapproved or contaminated water supply source for potable water use;

(5) overhead electrical wires within 20 feet horizontally of the spray pad;

(6) unprotected electrical circuits or wiring within 10 feet of the spray pad;

(7) plumbing cross-connections between the drinking water supply and spray pad treatment system or between sewerage system and the spray pad's filter backwash facilities;

(8) use of unapproved chemicals or the application of chemicals by unapproved methods to the spray pad water;

(9) broken or missing drain grates on the spray pad;

(10) glass or sharp objects on the spray pad or deck area;

(11) apparent contamination of the spray pad and/or spray pad treatment tank by a potentially toxic chemical or a bacteriological substance that could present a hazard to patrons; or

(12) any other condition which the permit-issuing official determines creates an immediate threat to public health.

(c) Other violations. Failure to comply with other sections of this Subpart or of other Parts of this Chapter are also subject to a penalty.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 6-3.4