N.Y. Comp. Codes R. & Regs. tit. 9 § 381.1

Current through Register Vol. 46, No. 36, September 4, 2024

Section 381.1 - Definitions

Whenever used in this Part:

(a) Access pass shall mean the authorization issued under this Part to an individual who qualifies for free use of a park facility under the jurisdiction of the Office of Parks, Recreation and Historic Preservation or the Department of Environmental Conservation.

(b) Commissioner shall mean the Commissioner of Parks, Recreation and Historic Preservation.

(c) Department shall mean the Department of Environmental Conservation.

(d) Free use shall mean waiver of the base fees (excluding amenities) assessed by the office or the department at a park facility.

(e) Office shall mean the Office of Parks, Recreation and Historic Preservation.

(f) Park facility shall mean a campsite, cabin, park, or other public place of recreation or historic site under the jurisdiction of the office of the department.

(g) Person who has a mental disability shall mean a person who is eligible to receive services from a program licensed, operated, certified or funded by the Office of Mental Retardation and Developmental Disabilities or the Office of Mental Health.

(h) Person who is blind shall mean a person who has a central visual acuity of 20/200 or less or limitation in the field of vision such that the widest diameter of the visual field subtends an angel no greater than 20 degrees in the better eye with the use of a correcting lens.

(i) Person who is deaf shall mean a person with profound hearing loss causing the person to primarily rely on visual communications (sign language, lip reading, gestures) and assistive technology.

(j) Person who is nonambulatory shall mean a person who is permanently disabled, requires use of a wheelchair and who has severely limited mobility.

(k) Person who has an amputed arm or leg shall mean a person who has a fully or partially amputated or congenitally absent arm or leg, excluding the extremities of the hands and feet.

(l) Physician's certification shall mean a physician's attestation on a form provided by the office that the applicant is a person who has an amputated arm or leg or a person who is blind, deaf or nonambulatory. The certification must be made within six months of the application date by a physician currently practicing in and licensed to practice by New York State. The certification must accompany the first application, and may be required to accompany subsequent renewal applications.

(m) Resident shall mean a person whose primary residence or whose legal guardian's primary residence is located within New York State as identified by copies of the following documents that must accompany the application: the New York State tax return (IT 201) for the preceding tax year or a valid New York State driver's license or a New York State non-driver's identification card that show the person's name and a New York State address.

(n) Veteran who has a disability shall mean any veteran of the wars of the United States with a 40 percent or greater disability as certified by the United States Veterans Administration, or who has at any time been awarded by the Federal government an allowance towards the purchase of an automobile or who is eligible for such an award.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 381.1

Renumbered from 382.1 New York State Register May 12, 2021/Volume XLIII, Issue 19, eff. 5/12/2021