N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-2.4

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

Section 7-2.4 - Permit

(a) No person shall operate a children's camp, or cause or allow the same to be operated, without a permit from the permit-issuing official.

(b) The permit-issuing official is the State Health Commissioner or his designee and those persons defined as officers in subdivision 4 of section 1392 of the Public Health Law.

(c) Application for a permit to operate a children's camp shall be made by the operator to the permit-issuing official at least 60 days before the first day of operation. Such applications shall:

(1) include a written camp safety plan, as defined in section 7-2.5(n) of this Subpart, which accurately describes the camp's medical, fire safety and general safety provisions, training provided to camp staff and the orientation for campers. The plan must be reviewed annually by the camp operator and updated as required to maintain compliance with current standards. Plans that are updated must be submitted to the permit-issuing official. In any year in which an update is not required, the camp operator must submit written affirmation to the permit-issuing official that the approved plan remains up-to-date and complete; and

(2) be filed when the name, ownership or operator of the camp is changed.

(d) The permit-issuing official shall issue a permit if the children's camp conforms or will conform at the time of operation to the requirements of this Subpart and will not present a danger to the health and safety of the camp occupants. An applicant's past history of compliance or noncompliance will be a consideration in evaluating each of the previously mentioned criteria. The person to whom the permit is issued shall comply with this Subpart and with all conditions stated in the permit and shall allow the permit-issuing official or his representative to enter the premises to ascertain compliance. The permit-issuing official may, at his discretion, deem either of the following an inspection of the facility to ascertain that the camp conforms or will conform with the requirements of this Subpart at the time of operation:

(1) the permit-issuing official or his representative has inspected the facility and determined that it conforms or will conform with the requirements of this Subpart; or

(2) the camp meets the following conditions:

(i) the permit-issuing official has determined it has previously operated in a manner sufficient to assure that no unreasonable risk to the health and safety of camp attendees occurred; and

(ii) the operator has submitted a completed and certified self-inspection of the camp as directed by the State Health Commissioner.

(e) Effective until March 31, 2011, the fee for a permit is $100. Municipal operations and organizations for charitable, philanthropic or religious purposes are exempt from this fee. Effective April 1, 2011, the fee for a permit is $200. Municipal operations and organizations for charitable, philanthropic or religious purposes are exempt from this fee.

(f) A permit shall not be transferable or assignable. It shall be posted in a conspicuous place on the premises.

(g) A permit may be denied, revoked or suspended by the permit-issuing official or the State Commissioner of Health if the children's camp is maintained, operated or occupied in violation of the Public Health Law or this Chapter. Before denial, suspension or revocation of a permit, or after receipt of a notice of violation, the permittee shall have the right to appeal to the permit-issuing official, except that when a public health hazard exists, a permit may be temporarily suspended pending a hearing. A permit will also be revoked upon request of the operator or upon abandonment of the camp. Following the revocation, an application shall be filed for a new permit before resumption of operation.

(h) A permit shall expire one year from the date of issuance, at the close of a camp's normal operating season, upon a change of the operator, a date stipulated by the permit issuing official, or upon revocation. No permit shall expire during the camping period except by revocation.

(i) A separate permit shall not be required for a bathing beach, swimming pool or food service operated as part of a children's camp for which a permit is required under this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-2.4

Amended New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016