Article 48

ARTICLE 48

DAY CAMPS, OVERNIGHT CAMPS, AND TRAVELING DAY CAMPS

§48.01 Scope.

§48.03 Definitions.

§48.05 Permit required, exceptions.

§48.07 Permit; application, issuance, records and enforcement.

§48.09 Staff qualifications.

§48.11 Written Safety Plan.

§48.12 Supervision.

§48.13 Safety standards for activities.

§48.15 Safety standards for facilities.

§48.17 Health and medical care.

§48.19 Compliance with other laws.

§48.21 Insurance.

§48.23 Transportation.

§48.25 Additional requirements for camps enrolling campers with disabilities.

§48.26 Modification of provisions.

§48.27 Modification.

§48.29 Overnight Camps, Summer Day Camps, Traveling Summer Day Camps;

Enrollment Application Requirements.

§48.01 Scope.

The provisions of this Article apply to all Day Camps, Overnight Camps, and Traveling Day

Camps in New York City (NYC) which are occupied by ten (10) or more children, as defined in this

Article except the following:

(a) programs approved, certified or licensed under the New York State (NYS) Social Services

Law;

(b) programs operated by the government of the United States or the State of New York;

Health as not being within the intent of or regulation by Subpart 7-2 of the State Sanitary

Code;

(d) any place occupied by children under 18 years of age for overnight occupancy of 72

consecutive hours or less;

(e) day camps operating less than all or part of 5 days in any 2 week period;

(f) activities as unscheduled or drop-in neighborhood- center settings; single-purpose activity

such as athletic events and associated training practice, "special olympics", little league

baseball, Pop Warner football; and recreational activity without a specified time period of

attendance required.

§48.03 Definitions.

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 §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 Article 11 of this Code;

(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 § 47.19 of this Code; 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.

§48.05 Permit required, exceptions.

No person shall operate or hold himself out as operating a summer day camp, children's

overnight camp or children's traveling summer day camp without a permit issued by the

Commissioner. The fee for and the expiration date of a permit issued pursuant to this section

shall be prescribed by §5.07 of this Code, except that no fee shall be charged in the case of a

municipal operation or a summer day camp, children's overnight camp or children's traveling

summer day camp operated by a person, firm, corporation or association for charitable,

philanthropic or religious purposes.

§48.07 Permit; application, issuance, records and enforcement.

(a) An application for a permit to operate any camp under this Article must be made by the

operator to the Department, on a form furnished by the Department, at least 90 days before the

first day of operation. Such application shall also be filed when the name, ownership or operator

of the camp is changed. All applications shall include a copy of the camp's written safety plan

required pursuant to §48.11.

(b) (1) A permit shall not be issued to any camp program unless all required documents have

been reviewed and approved by the Department and the Department is satisfied, upon

inspection and evaluation, that the camp conforms or will conform with the requirements

of this Code at the time of operation. However, if and when the Department determines

that a camp has previously operated in a manner sufficient to assure that no unreasonable

risk to the health and safety of camp attendees has occurred, the operator may submit a

completed and certified self-inspection in a format approved by the Department, in lieu of

an on-site pre-permit inspection.

(2) A permit shall not be issued unless the camp director has attended an orientation session

provided by the Department regarding the requirements set forth in this Article.

Attendance at Department orientation sessions need not be repeated by a director who has

attended a session unless the Department determines that the substance of the orientation

has changed and requires re-attendance. The director must ensure that the materials

covered in the orientation sessions are incorporated into camper and staff orientation

programs as required by this Article.

an indoor manned home base and, when applicable, a permit from the Department of Parks and

Recreation authorizing the use of a specific outdoor park site.

(d) Whenever necessary, to prevent public health hazards, as defined in §7-2.1(b) of the State

Sanitary Code [10 N.Y.C.R.R.], or successor regulation, the Department may, in specific

instances impose additional requirements on a children's camp. The Department shall describe in

writing the conditions of operation that have been imposed, including, but not limited to,

amendment of the written safety plan, and the reasons for the additional requirements.

(e) All records required by this Article may be maintained electronically or in hard copy paper

form and must be made available to the Department immediately on request. If such records are

maintained electronically, Department staff must be allowed to access such records while on-site.

(f) A permit expires on September 16 of the calendar year it was issued or at the close of a

camp's normal operation, whichever is sooner, unless some other date is indicated by the

Department.

(g) Notwithstanding anything to the contrary in this Article, a permit issued under this

Article may be ordered suspended or revoked for maintaining a public health hazard, or

failure to comply with any applicable law, regulation, rule, directive or policy enforced by the

Department, or in the interest of protecting the health of an individual or the public as

determined by the Commissioner.

(h) The permittee shall have an opportunity to be heard before the Department prior to the

issuance of an order to suspend or revoke a permit, except that when a public health hazard

exists, a permit may be suspended pending such opportunity to be heard.

48.09 Staff qualifications.

(a)

The camp operator must be the permittee.

(b)

Each camp must have a camp director and a health director.

(c)

Camp director. Each camp must be supervised by a camp director. The camp director, or

equally credentialed designee approved by the Department, must be present to supervise

campers and camp staff at all times while the camp is in operation. The camp director must

have at least the following minimum qualifications:

(1) a bachelor's degree or be at least 25 years of age for an overnight camp, or 21 years of age

for a day or traveling day camp; and

(2) 24 weeks of previous administrative or supervisory experience in camping or equivalent

experience acceptable to the Department.

(3) There must be on file at the Department a notification from the Department of Social

Services Statewide Central Register of Child Abuse and Maltreatment that the camp

director has not been the subject of an indicated report, pursuant to title 6 of the NYS

Social Services Law, or successor law.

(4) The camp director must file with the Department a form entitled Prospective Children's

Camp Director Certified Statement Relative to the Conviction of a Crime or the Existence

of a Pending Criminal Action, as provided by the Department, and a determination shall

be made by the Department that the camp director has no criminal conviction record for

which:

(i) there is a direct relationship between one or more of the criminal offenses and the

applicant's employment as a camp director; and

(ii) employment as a camp director would involve an unreasonable risk to the

property or to the safety or welfare of camp participants or the general public.

(5) The camp director must complete a training in recognizing and reporting child abuse,

neglect and maltreatment.

(6) The camp director must ensure that all staff and camper trainings are conducted and

completed as mandated by the Written Safety Plan.

(d)

Health director. Each camp must have a health director to supervise and manage a camp

health program. Except as provided in §48.25, the health director must minimally possess the

following:

(1) a current certificate in first aid training from a training program acceptable by the

Department, and

(2) a current certificate in cardiopulmonary resuscitation (CPR) acceptable by the

Department, with validity not to exceed 1 year from date of course completion, to

provide an adequate level of knowledge and skills necessary to perform 2 rescuer CPR

skills for all ages (infant, child, and adult).

(e) Senior counselors, including specialty and general counselors, must be at least 18 years of

age at a children's overnight camp, and at least 16 years of age at a summer day camp or

traveling summer day camp. In addition, the counselor must either have experience in

camping and supervision of children, or have completed a training course acceptable to the

Department.

(f) A junior counselor or counselor-in-training is a camper who is assigned to assist on-duty

counselors or other staff members, as described in the camp's written safety plan, in performing

specific duties. A junior counselor may not supervise campers and must be supervised as a

camper. All junior counselors must receive training specific to their duties, and the camper

orientation. Junior counselors must not be included in calculating counselor to camper

supervision ratios.

(1) Junior counselors at an overnight camp must be at least 16 years of age and have at least

2 season's prior experience as a camper.

(2) Junior counselors at a day or traveling day camp must be at least 15 years of age and

have at least 2 seasons' prior experience as a camper.

(g) Trip leader. A trip leader must accompany campers on any trip away from camp. The

trip leader must be at least 18 years of age and have participated in at least 3 out-of-camp

trips in a similar program activity as a camp staff member. A trip leader must possess or be

accompanied by staff who possess either a current acceptable certificate in first aid and/or a

current acceptable certificate in CPR training program as defined in §48.03.

(h) An activity leader is required when campers engage in high-risk activities as defined in this

Article. An activity leader must be at least 18 years of age, be present for any high-risk activity

in which campers are engaged and be deemed competent in the activity being conducted. The

permittee must make available to the Department immediately upon request proof of an activity

leader’s competence in the form of verified past experience and/or completed training and/or

education for the activity being conducted.

(i) A camp aquatics director must be at least 21 years of age and have a minimum of:

(1)

1 season of previous experience as a camp aquatics director at a NYS children’s camp; or

(2)

2 seasons of previous experience consisting cumulatively of at least 12 weeks as a

children’s camp lifeguard, as specified in subdivision (j) of this section, at a swimming

pool or bathing beach which had more than 1 lifeguard supervising it at a time; or

(3)

At least 18 weeks of previous experience as a lifeguard, as specified in paragraph (2) of

this subdivision, at a swimming pool or bathing beach, which had more than one lifeguard

supervising it at a time; and

(4)

have successfully completed a training course in lifeguard supervision and management

that meets the requirements specified in Part 6, §§ 6-1.31(e) or 6-2.20(e) of the NYS

Sanitary Code;

(5)

have annually reviewed and documented the review of the camp’s safety plan for

swimming; and

(6)

possess a current certificate in an acceptable CPR training program.

(j) A qualified camp lifeguard must:

(1)

be at least 17 years of age; and

(2)

meet lifeguarding, first aid and CPR certification requirements as detailed in Part 6 of the

NYS Sanitary Code including the following:

Bathing Facility Type

Minimum Lifeguard Supervision Level

Ocean surf

Supervision Level I

Pool only

Supervision Level IIa

Pool and/or beach

Supervision Level IIb

(k) Each camp must ensure that sufficient first aid- and CPR-qualified staff is present wherever

campers are present on- or off-site, taking into account staff absences or illnesses.

(l) The following are certain required minimum staff-to-camper ratios:

(1)

At an overnight camp, in addition to the health director or designee, 1 staff member who

possesses a current, acceptable first aid certificate must be present for every 50 campers.

(2)

At a day camp, 1 staff member who possesses a current, acceptable first aid certificate

must be present for every 50 campers in attendance. The health director or designee may

be counted toward meeting this first aid requirement.

(3)

1 staff member for every 100 campers in attendance must possess a current, acceptable

CPR certificate. The health director may be counted toward meeting this requirement.

Where a camp's qualified aquatics staff remain onsite and are available to respond to

emergencies, such staff may be counted toward meeting this CPR requirement.

(m) Records.

(1)

The camp director must maintain a copy of each staff member's application and staff

qualifications, such as resumes, licenses or certifications, on file. The camp director must

verify all employees' prior education, experience, training and character references.

(2)

The permittee must maintain daily attendance records for all staff and campers that

includes the name, date and time in attendance. Attendance records for staff must include

the signature of the staff member.

(3)

The camp director must verify whether any staff or volunteer is listed on the NYS

Division of Criminal Justice Services (DCJS) Sex Offender Registry prior to the day such

staff or volunteer commences work at camp and annually thereafter prior to their arrival

at camp. An individual who is registered, or required to be registered, on any state sex

offender registry or repository or the National Sex Offender Registry is ineligible to serve

as a volunteer or to be employed at a camp. A written record of the employee and

volunteer names that were submitted to the DCJS for checking against the Sex Offender

Registry and DCJS's search results must be kept on file at the camp site.

(4)

If any records required by this Article are maintained electronically, Department staff

must be allowed to access such records while on-site.

§48.11 Written Safety Plan.

(a) The camp operator shall develop, review annually and update, in accordance with

changed circumstances, conditions or activities, or as required by the Department, a written

safety plan, which shall be submitted for review and approval by the Department. The written

plan shall be considered satisfactory for approval when it is found to include all the

information required in this Article and in §7-2.5 of the State Sanitary Code, or successor

regulation, and accurately reflects the camp's compliance with such provisions of law. When

there are no changes in a previously approved written safety plan, the camp operator shall

submit an affirmation in a form acceptable to the Department stating that no changes were

needed or made to the plan. The camp's approved written safety plan shall be implemented

by the camp operator and kept on file at the children's camp.

(b) The written safety plan shall consist of, at a minimum, a table of contents and the

following components:

(1) Staff: chain of command; staff job descriptions; and a procedure for verification of staff

qualifications.

(2) Facility operation and maintenance: water supply; sewage treatment system; lightning

risk assessment; transportation; housing; grounds; food protection; and waterfront physical

facility maintenance (if on-site aquatic activities are provided).

(3) Fire safety: evacuation of buildings and property, assembly, supervision, and

accounting for campers and staff; fire prevention; coordination with local fire officials; fire

alarm and detection systems and their operation, maintenance, and routine testing; type,

location and maintenance of fire extinguishers; inspection and maintenance of exits;

required fire drills and log; electrical safety; and reporting to the Department within 24

hours fires which destroy or damage any camp building, or which result in notification of

the fire department, or are life or health threatening. A copy of the fire safety section of the

plan shall be submitted to the New York City Fire Department.

(4) Medical requirements: review of camper medical histories to address restrictions and

special needs; initial health screening of campers; daily health surveillance of campers;

procedures for providing basic first aid, handling and reporting medical emergencies,

including outbreaks and procedures for response to allegations of child abuse; identification

of and provisions for medical, nursing and emergency medical services; names,

qualifications and duties of health director and health personnel certified in first aid and

CPR; description of health facilities available at the camp or community health facilities to

be used by the camp; storage and administration of medicines; location and use of first aid

and CPR supplies; maintenance of a medical log; description of universal precautions for

blood borne pathogens; reporting of illness and injuries, including reporting camper

abuse/allegations to the Department and other appropriate authorities, within 24 hours; and

provisions to supervise sanitation at the children's camp.

(5) General and activity specific safety: description of the required camper supervision,

including general supervision; supervision between activities; during passive activities, as

defined in §48.12(d)(5); during sleeping and rest hours; during transportation; and in

emergencies. Safety requirements and supervision shall be discussed for specific camper

activities, including but not limited to, swimming, boating, horseback riding, rope or

challenge courses, archery, camp trips, wilderness hiking, overnight camping, rock

climbing, bicycling, visits to aquatic and amusement parks, and out-of-city trips and all

safety standards required by §48.13. The safety plan shall include an itinerary for all off-

site trips planned during the current camp season. The camp operator or director shall

submit to the Department for approval, 48 hours in advance of undertaking such activities,

updated safety plans and itineraries for any activities not included in the approved safety

plan and any amendments to such itineraries. No trips shall be provided which have not

been included in the approved safety plan, or have otherwise been approved by the

Department. The safety plan shall require that a consent, in a form approved by the

Department, be obtained from the parent or guardian of each camper prior to any off-site

trip.

(6) Staff training: Every camp must have a staff training curriculum, which provides at a

minimum: a tour of the camp; a description of camp hazards; chain of command;

procedures for camper supervision and discipline; child abuse recognition and reporting;

provisions for first aid and emergency medical assistance; reporting of camper injury,

incident and illness; buddy system; lost swimmer plan (if camp has an aquatics program); a

lost camper plan; a lightning plan; fire safety and fire drills; camp evacuation procedures;

activity specific training for assigned activities; a protocol for camp trips (if provided); and

process to document attendance at and descriptions of required staff training.

(7) Camper orientation: Every camp must have a camper orientation curriculum, which

provides at a minimum: a tour of the camp; a description of camp hazards; a protocol for

reporting illness, injury and other incidents; a buddy or other accountability system

approved by the Department; a lost camper plan; fire drills and evacuation plans; a

lightning plan; a protocol for camp trips; and process to document attendance.

§48.12 Supervision.

(a) The camp director must ensure that constant and competent supervision is provided to all

campers at all times of camp operation.

(b) Counselor to camper ratios:

(1) In each non-overnight camp there shall be at least one senior counselor for every:

(i) six children less than six years of age;

(ii) nine children six to seven years of age; and

(iii) twelve children eight years of age or over.

(2) In each overnight camp there shall be at least one senior counselor for every:

(i) six children seven years of age or under; and

(ii) eight children eight years of age or over.

(3) On any off-site camp trip, the following minimum staff-to-camper ratios

must be maintained:

(i)

minimum counselor to camper ratio of 1:6 must be maintained, with at

least one trip leader and one other counseling staff member in attendance

for children 6 years of age or older;

(ii)

a minimum counselor to camper ratio of 1:5 must be maintained, with at

least one trip leader and one other counseling staff member in attendance

for children under 6 years of age.

(4) In addition to providing at least 1 (one) qualified lifeguard, during all swimming

activities, for every 25 swimmers, where each qualified lifeguard supervises no more

than 3,400 square feet of pool surface and no more than 50 yards of shoreline at

bathing beaches, there must be at least 1 (one) senior counselor for every:

(i) four children under six years of age;

(ii) six children six to seven years of age; and

(iii) eight children eight years of age and older.

(5) During passive activities, the ratio of counselors to campers shall be at least 1:25. A

passive activity is defined as an activity that takes place in a defined on-site area, where

participants are spectators, or have limited mobility, and use no tools or equipment (other

than computers). Examples of passive activities include, but are not limited to, religious

instruction, story telling, coloring, viewing movies or drama, singing and board games. The

camp's passive activities shall be described in the camp's approved written plan. At the

conclusion of the passive activity, supervision ratios shall be restored to and maintained at

Code required levels for non-passive activities.

§48.13 Safety standards for activities.

(a) Swimming and aquatic activities.

(1) Facilities and equipment.

(i) Only swimming facilities operating pursuant to a permit issued by the Department

or other local permit issuing official in accordance with Article 165 and Article 167 of

this Code or Subpart 6 of the New York State Sanitary Code, or other local law, and

identified in the camp's written safety plan shall be used by children's camps.

(ii) All swimming areas shall be maintained in a sanitary and hazard free condition.

(iii) Any known hazards which cannot be removed shall be conspicuously marked and

cordoned off.

(iv) Entrances and exits at the camp's permanent swimming areas shall be monitored;

lifeguard station(s) shall provide unobstructed views of swimming areas, and lifesaving

equipment shall be provided in accordance with this Code and the State Sanitary Code,

10 N.Y.C.R.R. Subpart 7-2. Swimming pools shall be protected by fences. Entrance

gates shall be locked except when lifeguard(s) are on duty.

(v) Swimming shall be prohibited at a distance of more than 150 feet from the shore at

bathing beaches.

(vi) Camper swimming shall be prohibited between sunset and sunrise at bathing

beaches, wilderness areas, lakes and rivers. Lighting at indoor and nighttime swimming

pool activities shall comply with the requirements of this Code and the State Sanitary

Code and shall be sufficient to allow for all campers to be constantly observed and

effectively supervised.

(vii) All water craft shall comply with applicable United States Coast Guard, State and

local standards.

(viii) All motorized boats used at camp shall be registered with the New York State

Department of Motor Vehicles, shall display registration numbers on their bows, and

current registration and inspection certificates shall be available for examination by the

Department. Procedures and conditions for the use of non-motorized boats shall be

included in the camp's approved written safety plan.

(ix) All piers, floats and platforms shall be in good repair and where used for diving

the minimum water depth shall be indicated on the deck or planking and shall comply

with all applicable requirements of this Code and Part 6 of the State Sanitary Code.

(x) The minimum water depth for a one-meter diving board shall be ten (10) feet; for

outdoor diving areas, the bottom shall be cleared of stumps, rocks, and other obstacles.

Diving boards shall be mounted on a firm foundation and the top surface shall be slip

resistant and shall comply with all applicable requirements of this Code and Part 6 of

the State Sanitary Code.

(2) Aquatic staff responsibilities.

(i) All swimming activities at any facilities used by children's camps shall be directly

supervised by the camp aquatics director. The aquatics director shall be present during

all swimming and watercraft activities; shall establish and oversee all such activities at

the children's camp waterfront or off-site, and shall supervise all staff and campers

participating in these activities.

(ii) The progressive swimming instructor, as defined in §48.09, shall assess the

swimming ability of each camper prior to allowing the child to participate in aquatic

activities.

(iii) During all swimming activities, the camp aquatics director shall have in his or her

possession, the approved written safety plan. The camp aquatics director shall maintain

for each swimming session a "board" or other accountability system detailed in the

written safety plan and approved by the Department for recording the name of each

camper, the camper's swimming ability as determined by the progressive swimming

instructor, the name of the camper's buddy with the same swimming ability, the swim

area to which each camper is assigned and the time of each camper's entry to and exit

from the swim area.

(iv) At least one qualified lifeguard, as defined in New York State Sanitary Code [10

N.Y.C.R.R.] §7-2.5(g), or successor regulation, shall be provided for every 25 campers

and for every 3,400 square feet of pool surface area or 50 yards of shoreline at a

bathing beach. Lifeguards shall actively supervise participants in the camp's aquatic

activities, as detailed in the camp's approved written safety plan. While on duty at the

waterfront, qualified lifeguards shall not be engaged in duties or activities which

distract them from the direct supervision of the waterfront.

(3) Camper safety.

(i) The camp's permanent swimming areas shall be divided into non-swimmer and

swimmer areas. Campers shall be confined to the area appropriate to their assessed

swimming ability or an area requiring a lower level of swimming ability.

(ii) Non-swimmers shall be conspicuously identified to be readily distinguishable from

swimmers except where non-swimmers are restricted from entering the swimmer area

by a physical barrier such as a swim crib or dock, or are in a separate pool designated

only for non-swimmers.

(iii) Non-swimmers shall be restricted to water less than chest deep, except:

(aa) during learn-to-swim programs; or

(bb) when counselors directly supervise a maximum of three non-swimmers in

shallow water in the non-swimmer area.

(iv) A detailed buddy system and "buddy board" or other accountability system

detailed in the written safety plan approved by the Department shall be established for

supervising and checking campers, and shall include, but not be limited to:

(aa) an accountability system which identifies each camper by name, the camper's

swimming ability and the swimming area to which the camper is assigned;

(bb) a record of the entry to and exit from the swim area for each camper;

(cc) the assignment of each camper to a buddy who shall have the same level of

swimming ability. If the camp cannot avoid pairing a non-swimmer with a

swimmer, both shall remain in the non-swimmer area. Only one group of three

swimmers shall be allowed in each swimming area. Buddies shall be instructed to

notify the lifeguard when their partner is in distress or is missing;

(dd) that buddy checks of the campers are made at least every 15 minutes and

results recorded on the buddy board or in accordance with the accountability system

detailed in the camp's written safety plan approved by the Department.

(ee) When the camp aquatics director has determined that campers are unable to

comprehend or implement the buddy system, another method which the Department

has determined provides an equivalent level of camper safety, supervision and

accountability may be substituted for the buddy system and board system and

included in the camp's approved written safety plan.

(v) Prior to each aquatic activity, the camp aquatics director shall meet with all

counselors assigned to the activity and review their roles and duties at the area. The

review shall include emergency procedures for "lost swimmers."

(vi) The written "lost swimmer plan" included in the camp's written safety plan shall

specify duties of all staff in case of aquatic activity emergencies. The plan's emergency

procedures shall be posted in a conspicuous place within the camp's permanent

swimming areas and shall detail the procedures to be followed whenever there is a "lost

swimmer" and the specific responsibilities of all staff. The "lost swimmer plan" shall be

utilized whenever a buddy check fails to account for all swimmers and whenever a

swimmer is reported missing.

(vii) Small craft carrying passengers shall never be towed behind power or sail boats,

and no small craft shall be allowed in the swimming area unless operated by lifeguards

on waterfront duty.

(viii) All boat occupants in any craft shall always wear a Coast Guard approved life

jacket or vest.

(ix) A lifeguard shall be present in any watercraft having a capacity of eight or more

persons whenever carrying non-swimmers unless such watercraft is a public vessel as

defined in §2(6)(a) of the New York State Navigation Law, or successor provision.

(x) Watercraft or boats may be used only by persons having permission of the camp

aquatics director or camp director.

(xi) All persons shall wear Coast Guard approved life jackets or vests while

waterskiing. Practices and equipment specified for use in waterskiing or other activities,

including head protection for whitewater canoeing and personal flotation devices for

specialty aquatic activities such as waterskiing, scuba diving or whitewater canoeing,

shall be included in the camp's written safety plan.

(xii) All specialized aquatic activities, such as canoeing, sailing, waterskiing and scuba

diving, conducted by the camp shall be under the leadership of a counselor trained in

the specialty.

(4) Off-site aquatic activities. In addition to all other requirements of this section, off-site

aquatic activities shall be offered in accordance with the following:

(i) The camp aquatics director shall be responsible for ensuring that all provisions of

the camp's written safety plan pertaining to safety and supervision during aquatic

activities are implemented at off-site swimming and aquatic activity facilities.

(ii) When a camp uses any off-site facility for swimming, the camp operator shall

supply one lifeguard for every 75 campers provided that the owner or operator of the

off-site facility has stated, in writing, that the facility has the physical capacity to

accommodate the campers; the off-site facility's lifeguard(s) will be present to guard the

campers; the ratio of lifeguards to swimmers complies with the requirements of this

Code and the State Sanitary Code, 10 N.Y.C.R.R. Subpart 7-2 so that there is one

lifeguard for every 25 swimmers and each qualified lifeguard supervises no more than

3,400 square feet of pool surface and no more than 50 years of shoreline at bathing

beaches.

(iii) When using any other off-site swimming facility, the camp operator shall supply

one qualified lifeguard for every 25 campers. Each such qualified lifeguard shall

supervise no more than 3,400 square feet of pool surface and no more than 50 yards of

shoreline at bathing beaches. However, when campers participate in aquatic theme park

activities which allow only one or two patrons in the water at a time, and the water

depth does not exceed chest deep for non-swimmers, a camp supplied lifeguard shall

not be required.

(iv) Prior to every trip to an off-site swimming facility not owned by the camp, the

camp director shall obtain and maintain on file for each camper a written consent from

a parent or guardian. The consent, in a form approved by the Department, shall be

incorporated in the written safety plan and shall include the child's name and age, the

destination and type of activities authorized during the field trip, and the date of the

trip.

(b) Riflery. No camp operated in the City of New York shall include riflery as a camp

activity.

(1) The archery range shall not endanger any person or persons in other program activities

and shall be clearly marked to warn passing campers away from the danger area. The

shooting area shall have at least 50 yards of clearance or an archery net behind each target.

Bowmen shall fire from a common firing line and a ready line shall be marked behind it.

(2) A ready line shall be marked at least 15 feet behind the firing line.

(3) The archery supervisor shall be responsible for maintaining all archery equipment in

good condition and stored under lock and key when not in use.

(4) No individually owned weapon, bows, or special equipment shall be brought to camp

without the camp director's written permission. If any such article is permitted to be

brought to camp, it shall be kept under lock and key and used only by the person who

brought it to the facility in accordance with camp safety regulations.

(5) An archery staff-camper ratio of one for every 10 campers on the firing line shall be

maintained.

(d) Horseback Riding.

(1) A riding instructor shall determine the camper's riding experience and level of skill at

the first day of riding, and take such experience and skill into account in assigning horses

and deciding whether the camper shall ride in the ring or on the trail.

(2) One experienced instructor shall be assigned for every 10 riders for each trail excursion

and a minimum of two staff persons shall accompany such excursion.

(3) A riding instructor means a person who holds a certificate from a riding academy

acceptable to the Department after completing a course in methods and techniques of riding

and who has had two years experience in teaching children to ride.

(4) At all times, campers shall wear protective headgear certified as meeting the American

Society for Testing Standards (ASTS) standard ASTM F1163, as specified in §1265 of the

New York State Vehicle and Traffic Law, or successor law or regulation.

(5) Children shall wear shoes with heels, or closed stirrups shall be used.

(e) Arts and Crafts.

(1) All safety regulations peculiar to the needs of the arts and crafts programs should be

well formulated and carefully enforced and supervised.

(2) Equipment used for arts and crafts shall be in good repair, of safe design, and properly

installed.

(f) Sports. Sufficient facilities and equipment appropriate to each sport activity and designed

to protect the participants in such activity, such as masks, guards for eye glasses, shin-guards,

chest protectors and non-hazardous playing fields shall be available and supplied.

(g) Outdoor Cooking Fire Safety.

(1) Outdoor cooking shall be performed under the personal supervision of an adult

counselor.

(2) The counselor shall find a safe place where it will be easy to keep the fire under control.

(3) The counselor shall demonstrate how to build a fire large enough to serve the need, but

small enough for safety, and shall teach the campers how to control the fire, what steps

shall be taken if the fire gets out of control and what steps shall be taken if anyone's

clothing catches on fire.

(4) The counselor shall insure that the fire is under control at all times, and shall never

leave the fire unattended.

(5) The counselor shall insure that the fire has been extinguished when no longer needed.

§48.15 Safety standards for facilities.

(a) (1) Children under the age of 24 months must be located on the ground level of the camp.

(2) No camps receiving a first permit after January 1, 1989, shall allow children under six

years of age to utilize any rooms, areas or other spaces above the third floor of a building,

except that the Department may allow camps to occupy spaces above the third floor where

the NYC Department fo Buildings and Fire Department (FDNY) or other appropriate

government entities have approved such use and the Department has approved the

applicant or permittee's evacuation plan.

(b) Fire Protection.

(1) The camp director shall be responsible for the regular inspection of all fire protection

facilities and equipment of the camp.

(2) If water under pressure is available, adequate lengths of hose for fire fighting shall be

provided.

(3) Fire extinguishers and other suitable fire fighting equipment shall be placed at strategic

and easily accessible points.

(4) Containers for gasoline, kerosene and other inflammable materials shall be properly

marked and stored in a properly vented and locked building not occupied by campers or

staff at a safe distance from program buildings and sleeping quarters. Such materials shall

be used only under qualified supervision.

(5) Fire drills shall be held within the first 48 hours of each camping session and

periodically thereafter in accordance with the fire safety plan. A log with drill dates and

times must be maintained and verified by the camp director. It must be available for

inspection at all times.

(6) The means of egress from all structures shall be maintained in an unobstructed, easily

traveled condition at all times, and protected from hazardous areas such as heating plant,

kitchen and inflammable storage.

(7) All tents housing five or more persons shall be of the fiber-impregnated flame-

retardant variety or equivalent.

(8) Fire extinguishers and other fire fighting equipment acceptable to the Department shall

be provided, inspected and tagged by the camp operator prior to the camp season. The

equipment shall be maintained in operating condition at all times.

(9) Means of egress from buildings used for sleeping quarters by 30 or more persons shall

be protected by a minimum of three-quarter hour fire-resistant construction. The

Department may issue a variance for one-story buildings having direct outside exits from

each sleeping quarter.

(10) Buildings used for sleeping 50 or more persons, or buildings two stories or more in

height used for sleeping shall have a fire alarm system, that when activated sounds an

alarm which can be heard throughout the camp. However, buildings three stories or more in

height used for sleeping shall be protected with an automatic fire detection system

including smoke detectors installed in corridors, assembly areas, storage rooms, stairways

and heat detection devices installed in kitchens.

(11) Sleeping quarters with an occupancy of 15 or more persons shall be provided with at

least two separate means of egress located as far apart as practical. Each door shall swing in

the direction of egress. Windows in a sleeping quarter two stories or less in height may be

substituted for one approved exit, provided the sill is not more than three feet above the

floor and the drop from the windowsill to an unobstructed area on the ground is less than

14 feet.

(12) Two separate means of egress shall be provided from each floor of a multistory

building. In buildings constructed prior to September 1, 1978, dead end corridors up to 35

feet in length are acceptable. An exitway shall lead to an outside exterior stairway that

complies with the State Building Construction Code or to an interior smoke-tight

passageway having a minimum of three-quarter hour fire-resistant construction and leading

to the outdoors at grade. Stairs extending beyond two occupied floors shall have a self-

closing, tight door at each floor level.

(13) Except for an individual room, a door containing hardware and forming part of a

means of egress shall be non-locking against egress and operable with a single motion in

the direction of egress. The use of nooks and eyes, bolts, bars and similar devices is

prohibited; widths of exit doors shall be a minimum of 28 inches.

(14) All assemblage areas, including a recreation room, dining hall or chapel, shall have at

least two means of egress acceptable to the Department and doors shall comply with the

requirements of subdivision 14 of this subsection.

(15) Exits from a room occupied by 15 or more persons, or exits not readily visible to the

occupants, shall be identified by lighted exit signs, including directional signs where

needed.

(16) Emergency lighting shall be provided for halls, stairways and exit signs where

required by the Department.

good order and repair.

(d) (1) No person shall modify, develop or convert a property for use as a children's camp

without first notifying the Department at least 30 days before construction commences.

The notice shall give the name and location of the property, a brief description of the

facilities to be provided, and the name, telephone number and mailing address of the

person giving notice. The notice shall be supplemented by additional information

including plans or sketches as requested by the Department. Construction shall not start

prior to the required approval of the plans or sketches by the appropriate regulatory

official.

(2) All new construction including alterations, enlargements and improvements shall be in

accordance with the New York State Uniform Fire Prevention and Building Code 9

NYCRR (Executive (B) Subtitle S, Chapter I), the provisions of the State Environmental

Quality Review Act or the New York City Building Code, whichever is stricter. The

building permit and certificate of occupancy shall be readily available for review and

submission to the Department. A written statement signed by a registered architect or

professional engineer certifying construction compliance with the State Uniform Fire

Prevention and Building Code shall be submitted to the Department prior to occupancy of

all new construction.

(e) Housing Maintenance.

(1) A building or structure of a children's camp shall be safe, adequate in size for its use,

clean, and have watertight roof and sides. However, a lean-to or an open recreational

facility, which excludes rain from occupied portions of the structure, may be used as a

shelter.

(2) Heat, light and ventilation. Windows or skylights having a minimum total area within

the casement equal to 10 percent of the floor area shall be maintained in all occupied

rooms; at least 40 percent of the window shall be openable. Artificial in lieu of natural

lighting and mechanical ventilation may be provided in toilet rooms.

(3) Camps occupied between October 1 and May 1 shall have at least one building with

heating facilities for emergency use.

(4) Heating. Stoves or other heat sources, where provided shall be installed and maintained

in accordance with the manufacturer's instructions to avoid fire hazards and dangerous

concentrations of fumes or gas. Water heaters shall not be installed in sleeping quarters.

(5) Camps which enroll children 10 years of age or under shall ensure that all windows are

safely guarded, except windows giving access to fire escapes or a window on the first floor

that is a required means of egress from the premises.

(6) There must be no peeling lead-based paint or peeling paint of unknown lead content

on any surface accessible to children under 6 years of age.

(f) Location and grounds. A children's camp shall be so located that adequate surface

drainage can be provided during the period of operation and so that adequate soil and space

will permit the installation and operation of proper sewage disposal system and/or water

system, unless other provisions are made acceptable to the Department.

(g) Food Sanitation.

(1) All supervisors of food operations at all camps shall successfully complete a food

protection course approved by the Department as specified in §81.15 of this Code.

(2) All food storage, preparation and service operations conducted by the camp permittee

shall be in accordance with Article 81 of this Code provided, however, that the camp

permittee shall not be required to obtain an additional permit to operate a food service

establishment.

(3) If food is not prepared on premises, is catered, or campers are permitted to bring food

from home for lunches and snacks, or food is carried off-site on trips, facilities shall be

provided to maintain potentially hazardous foods at temperatures required by §81.09 of this

Code,

(i) All foods shall be protected from contamination at all times.

(ii) All foods shall be prepared, processed or packed with sanitary utensils and

equipment.

(iii) Packaged foods shall not be stored in direct contact with ice or water if packaging

allows entry of water.

(iv) Raw fruits and vegetables shall be thoroughly washed with potable water before

service.

(v) Ready to eat foods shall be protected from bare hand contact. Utensils, sanitary

gloves, or other barriers shall be provided and used to eliminate bare hand contact.

(h) Toilets; Showers; running water.

(1) For overnight camps, the following facilities shall be provided: one toilet or privy seat

for each 15 males or less, plus one urinal for each 30 males or less; one (1) toilet or privy

for each 15 females or less; at least one (1) lavatory with water under pressure for each 20

occupants or less, or other handwashing facilities acceptable to the Department.

(2) At all non-overnight camps the ratio of toilet or privy seats per camper may be one for

each 30 females and one for each 60 males including one urinal for each 60 males. In

addition, a minimum of one lavatory shall be provided for each 40 campers; showers are

not required.

(3) Overnight camps shall provide showers with water under pressure heated to between 90

and 100 degrees Fahrenheit, and one shower head for each 20 occupants or less, shall be

provided.

(4) Toilets, privy seats and lavatories as specified above shall be provided within 200 feet

of the sleeping quarters; however, no privy shall be located within 50 feet of any sleeping

room, dining room, mess hall or kitchen.

(i) Sleeping quarters.

(1) Every bed, mattress and related sleeping accessories provided by the operator, shall be

clean and in good condition at the time of issue; clean sheets and pillow-cases shall be

provided weekly. Laundry facilities shall be available when campers and staff provide their

own linens.

(2) A minimum clear space of 27 inches above the sleeping surface of a bed, and six feet

between heads of sleepers, shall be maintained; triple-decker beds are prohibited.

(3) In sleeping quarters housing more than four persons, 40 square feet of floor area per

individual shall be provided to accommodate a bed, for storage of personal belongings and

space for aisles and ready exit in case of fire.

(4) The Commissioner may waive any requirement setting a minimum standard of floor

space per camper in a camp sleeping quarters in accordance with the State Public Health

Law and the regulations pursuant thereto.

(5) An undivided room shall not have more than 35 occupants.

(6) A sleeping room shall have minimum clear height of five feet above the floor area, and

at least 80 per cent of the floor area shall have a continuous minimum clear height above it

of seven feet. The walls shall extend from the floor to the ceiling or roof, or to a minimum

height of eight feet.

(7) At least one adult counselor shall be present during sleeping hours on every level of a

building used for sleeping.

(8)

Toilets and hand wash sinks must be installed at a height that allows unassisted use

by children. If adult-size toilets or hand wash sinks are in place, platforms with easily

cleaned surfaces must be provided for use by children. Such platforms must be

securely affixed to a permanent structure and free of hazards.

(j) Other Environmental Controls.

(1) Hazardous materials. Agricultural, commercial or household pesticides and toxic

chemicals shall be stored and/or used to cause no air, surface water or ground water

pollution or be hazardous to the occupants of the camp. They shall be stored in their

original containers in areas designated for such use.

(2) Vector and vermin control. The premises are to be free of insect and rodent infestation

that may cause a nuisance or health hazard. Bats shall be excluded from living areas of

occupied buildings.

(3) Refuse storage and disposal. Refuse shall mean solid wastes. Facilities shall be

provided and maintained for the storage, handling and disposal of refuse to prevent

nuisance conditions, insect and rodent infestations and pollution of air and water.

(4) No animals suspected of carrying a communicable disease shall be kept in camp.

Animals kept in camp shall comply with applicable requirements of the NYS

Environmental Conservation Law and/or the Agriculture and Markets Law.

§48.17 Health and medical care.

(a)

A camp health program must be maintained under the supervision of a camp health director

and must include: the keeping of comprehensive health records, including records of physical

examinations and immunizations of each child and each staff or volunteer; information

indicating appropriate and adequate food and nutrition for campers and staff; emergency plan;

first aid procedures; plan for reported accidents; search and rescue for lost, missing and runaway

persons; daily observation of the children; daily check of food service and food service facilities

and adequate cleanliness and maintenance of all facilities.

(b)

Prior to or at admission, the camp director must obtain and maintain from every child in

camp required medical records that includes a thorough medical examination by a licensed

physician dated within 1 year prior to admission to camp. Such record must include a signed

statement containing a summary of the results of the examination, the past medical history and, if

a disease or abnormal condition is found, recommendations for exclusion or treatment of the

child, or any modifications of diet or activities. In addition, each camper medical record must

include the children’s immunization record which must include proof of immunization against

diphtheria, tetanus, pertussis, poliomyelitis, measles, mumps, rubella, varicella, hepatitis B,

pneumococcal disease and haemophilus influenzae type b (Hib). A child may be exempted from

this immunization requirement for CDC Advisory Committee on Immunization Practices

(ACIP)-recognized medical contraindications, or other nationally-recognized evidence-based

guidelines, upon submission of appropriate documentation from a physician licensed in the State

of New York. Documentation of immunizations and exemptions must be kept on site and made

available to the Department immediately upon request. If such records are maintained

electronically, Department staff must be allowed to access such records while on-site. Proof of

required child immunizations must be made available for review by the Department immediately

upon request and must be established by:

(1) A certificate of immunization prepared and signed by a physician licensed in the State of

New York documenting that the child has been fully immunized against the diseases listed

in this subdivision. The certificate of immunization must specify the products

administered and the dates of administration. It may also show verified history of varicella

disease and/or laboratory evidence of immunity to measles, mumps, rubella, varicella and

Hepatitis B. A record issued by NYSIIS, the CIR, an official immunization registry from

another state, an electronic health record, and/or an official record from a foreign nation

may be accepted as a certificate of immunization without a health practitioner’s signature.

(2) Documentation that the child is in process of receiving an immunization for which the

child is not fully immunized, as follows:

(i)

a child has received at least the first dose in each immunization series required by this

subdivision (except in the case of live vaccines in which a child should wait 28 days

after one live vaccine administration before receiving another live vaccine, if the

vaccines were not given on the same day) and has age-appropriate appointments to

complete the immunization series according to the ACIP Recommended Immunization

Schedules for Persons Aged 0 through 18 Years;

(ii)

a child is obtaining serologic tests within 30 days of notification of the

parent/guardian that such testing is requested; or

(iii)

a child's serologic test(s) are negative, and therefore the child in question has

appointments to be immunized within 30 days of notification of the parent/guardian to

complete, or begin completion, of the immunization series based on the ACIP

Recommended Immunization Schedules for Persons Aged 0 through 18 Years.

(3) Children who are not fully immunized can only continue to attend camp if they are in the

process of completing the immunization series based on the ACIP Recommended

Immunization Schedules for Persons Aged 0 through 18 Years. If a child does not receive

subsequent doses of vaccine in an immunization series according to the age appropriate

ACIP catch-up schedule, including at appropriate intervals, the child is no longer in

process and must be excluded from camp within 14 days.

(4) No owner, operator, or director of a camp shall permit any child to attend such camp

without appropriate documentation of the immunizations required by this subdivision,

except as provided for in this subdivision.

examination dated within 2 years of working with the camp, indicating that they are physically

able to perform their camp duties. The Department may require testing for tuberculosis at any

time of any staff or volunteer when such testing is deemed necessary for epidemiological

investigation.

(d) Each camp must provide in their written safety plan, the location and contact information to

the nearest hospital, clinic, urgent care or doctor’s office, as close as possible to the camp where

children or staff can be taken in case of serious injury or illness.

(e) Necessary emergency medical care. When a child or staff is injured or becomes ill under such

circumstances that emergency care is needed, the permittee must obtain such emergency medical

care in accordance with the requirements of this section and immediately notify the person's

parent, guardian or emergency contact.

(1) Each permittee must:

(i)

at the time of the child’s admission into the program, obtain written consent from a

parent or guardian authorizing the permittee or other caregivers to obtain emergency

health care for the child; and

(ii)

secure emergency care when needed, and notify a parent or guardian immediately, and

(iii)

arrange for any needed transportation of any child in need of emergency health care and

ensure that the required staff/child ratios are maintained for the children remaining in

the program.

(2) Where a parent or guardian has provided written consent, medical authorization and

training to designated staff, such designated staff may administer asthma inhalers,

nebulizers and epinephrine auto-injectors to children.

(3) Where a parent has provided a written, individualized health care plan indicating the

specific medications that can be administered and the schedule of such administration(s)

for their child, including in cases of emergency, and there is a direct conflict between such

plan and any provision of this section, the permittee must follow the child’s individualized

health care plan.

(4) The camper's and staff's family contact or other responsible person's name, address, and

telephone number to notify during an emergency must be kept on file.

(f) All camper and staff injuries, illnesses, and diseases and conditions reportable to the

Department in accordance with Article 11 of this Code, must be reported to the camp health

director and recorded in the medical log, including the date and time of the illness or injury,

nature of complaint, diagnosis, treatment, disposition of case, area in camp where the accident

causing the injury occurred, activity in which accident victim was engaged and tool or item of

program equipment or other object causing injury.

(g) Within 24 hours, any of the following must be reported by the camp to the Department:

(1)

all camper and staff injuries or illnesses which result in death or which require

resuscitation or admission to a hospital;

(2)

all instances where epinephrine was administered to a staff member or camper;

(3)

camper injuries to the eye, head, neck or spine which require referral to a hospital or

other facility for medical treatment;

(4)

camper injuries where the victim sustains 2

or 3

degree burns to 5 percent or more of

the body;

(5)

camper injuries which involve bone fractures or dislocations;

(6)

camper lacerations requiring sutures or glue;

(7)

allegations of camper abuse or neglect (as defined in §48.25(a)(3)(i));

(8)

all camper and staff illnesses suspected of or confirmed as being water-, food- or air-

borne, or spread by contact;

(9)

any persons exposed to rabies; and

(10)

any lost campers.

(h) The camp director must isolate and exclude any child or staff member who is suspected or

confirmed with, or has been exposed to, a communicable disease requiring isolation or exclusion

under Article 11 of this Code. Any child or staff member who has been excluded must not be

permitted to return to the camp without a written statement from a health care provider indicating

that the child or staff member is free from such disease in communicable form and that the

period of isolation or exclusion required by Article 11 of this Code has ended.

(i) At all camps, there must be a current and fully-equipped first aid cabinet with appropriate

contents relative to the size and activities of the camp and ability to contact 911. All camps

which travel from their home base must carry with them a first aid kit that must be stocked to

treat a broad range of injuries and situations commensurate with the number of children present.

(j) An infirmary having hot and cold running water, examining room, isolation area,

convalescent space, bathroom with flush toilets and showers must be provided at all camps with

100 or more persons in residence, including staff.

(k) In all non-overnight camps, a quiet place must be set aside away from the group where a

child with a minor illness or injury can relax with an adult counselor in attendance.

§48.19 Compliance with other laws.

(a) All camp premises shall comply with all applicable provisions of the Building Code

(Administrative Code) of the City of New York and the Zoning Regulations of the City of

New York.

(b) No camp premises shall be operated or maintained unless the operator has obtained:

(1) a certificate of occupancy; or when such certificate is not required by the

Administrative Code, a statement from the Department of Buildings that the camp

premises comply with all applicable laws enforced by such Department; and

(2) a statement from the New York City Fire Department that the camp premises comply

with all applicable laws and regulations pertaining to fire control and the fire prevention

directives of the New York City Fire Department.

York and the rules and regulations of the New York City Department of Public Works,

Bureau of Gas and Electricity. Swimming pool facilities shall comply with the applicable

provisions of Article 165 of this Code and shall also comply with the requirements of the

New York City Building Code (Administrative Code) and Zoning Regu- lations.

(d) All new electrical wiring and lighting fixtures shall be installed by a licensed electrician

in accordance with the New York City Building Code or the National Electric Code of the

National Fire Protection Association, whichever is stricter, and all existing electrical service,

wiring and fixtures shall be in good repair and safe condition. Where conditions indicate a

need for inspection and on a new or remodeling project, the electrical service and wiring

shall be inspected by a qualified electrical inspector and a copy of the certificate of approval

shall be submitted to the Department.

(e) Camp drinking water facilities shall comply with Article 141 of this Code. Common

drinking utensils are prohibited. Drinking fountains when provided shall be in accordance

with the New York State Uniform Fire Prevention and Building Code.

§48.21 Insurance.

(a) Adequate insurance coverage shall be obtained prior to the camping season and must include

workers' compensation and disability insurance for the camp staff, comprehensive liability and

motor vehicle insurance on camp vehicles.

(b) Camp transportation units shall be covered by minimum liability insurance of $100,000 for

death or injury to any one person and $500,000 for two or more persons.

by the camp.

(d) Every vehicle used for transporting staff or campers shall comply with the regulations of the

Department of Motor Vehicles and State Department of Transportation and be equipped with at

least a first aid kit, tools, fire extinguishers and flares.

(e) In addition, the camp shall arrange for the purchase of accident and health insurance at a

minimum coverage of $1,000 for accidents and $300 for illness for each staff member and

campers.

(f) All Children's Traveling Summer Day Camps shall arrange for purchase of accident and

health insurance at a minimum coverage of $5,000 for accident, $1,000 for illness for each staff

member and camper, and shall have a minimum liability insurance of $100,000 for death or

injury to one person.

(g) All Summer Day Camps, Children's Overnight Camps, and Children's Traveling Summer

Day Camps shall provide the New York City Department of Health with name, address and

telephone numbers of the insurance company, including the amount of coverage for campers

and staff.

§48.23 Transportation.

(a) All transportation equipment shall be maintained in a safe operating condition and shall bear

the required inspection sticker of the New York State Department of Motor Vehicles or, where

required, the inspection sticker of the New York State Department of Transportation and be

equipped with at least a first aid kit, tools, fire extinguisher and flares.

(b) All operators of vehicles for camps shall be at least 18 years old, shall possess a current valid

driver's license and have at least one year's driving experience as a licensed operator.

handling equipment and have driving records free from serious accidents and violations.

(d) While children are being transported by private conveyance, they shall be under the

supervision of at least two staff members at least eighteen years of age in addition to the driver.

(e) No camp operator shall knowingly permit any child to embark for, or depart from, the camp

premises unless at all times accompanied by a parent, legal guardian or adult counselor.

(f) A truck shall not be used as a means of transporting children except in the cab.

(g) Drivers of vehicles should not be counted as staff members and should never be used to

supervise children.

(h) Children's Traveling Summer Day Camp and Municipal Traveling Summer Day Camp must

receive written permission from camper's parents or legal guardians to be transported (by public

or private transportation) on a regular schedule to a facility, site or property for the purpose of

organized group activities.

(i) The camp operator of a Children's Traveling Summer Day and Municipal Traveling Summer

Day Camp shall be responsible for instituting a program of accountability for each child on trips

and shall have regular checking of children by roll call after each rest or activity stop or

whenever potential problems concerning accountability for presence of each child may arise.

(j) The operator of a Children's Traveling Summer Day Camp and Municipal Traveling Summer

Day Camp shall be responsible for the safety of the children from Home Base to the camp site

and be accountable for the safe delivery of all campers to their respective home at the end of

every camping day.

(k) No camper in a Children's Traveling Summer Day Camp or Municipal Traveling Summer

Day Camp shall be left or released to the care of any person other than a parent, legal guardian or

any other person so designated legally or in writing by the natural parent or legal guardian of

said child at the end of every camping day.

(l) Before any child may be transported in a motor vehicle where such transportation is provided

or arranged for by the camp permittee, the camp must ensure all children are secured in child

safety seats properly installed per manufacturers’ recommendations, or with safety belts, as

appropriate for the age of the child in accordance with the requirements of the NYS Vehicle and

Traffic Law.

§48.25 Additional requirements for camps enrolling campers with disabilities.

(a) As used in this section, the following terms have the following meanings:

(1)

“Developmental disability camp health director” means a physician, physician assistant,

nurse practitioner, registered nurse or licensed practical nurse and who must be on-site for

the period the camp is in operation.

(2)

“Justice Center” means the Justice Center for the Protection of People with Special Needs,

as established pursuant to § 551 of the NYS Executive Law.

(3)

Reportable incidents include, but are not limited to, the following:

(i)

allegations of “Abuse or Neglect”, which includes, but is not limited to, those actions by

camp staff that:

(A) satisfies the definitions of “physical abuse”, “sexual abuse”, “psychological abuse”,

“deliberate inappropriate use of restraints”, “use of aversive conditioning”, “obstruction

of reports of reportable incidents”, “unlawful use or administration of controlled

substance” and “neglect”, as such terms are defined in § 488 of the NYS Social Services

Law.

(B) are actions incorporated within the definitions of “unauthorized seclusion,”

“unauthorized use of time-out,” “administration of a prescribed or over-the-counter

medication, which is inconsistent with a prescription or order issued by a licensed,

qualified health care practitioner, and which has an adverse effect,” and “inappropriate

use of restraints,” as such terms are defined in § 488 of the NYS Social Services Law.

(ii)

allegations of a “Significant Incident”, which means an incident (other than an incident

of abuse or neglect as defined by clause (i) of paragraph (3) of this subdivision) that

because of its severity or the sensitivity of the situation may result in, or has a reasonably

foreseeable potential to result in, harm to the health, safety, or welfare of a camper with a

developmental disability. A significant incident includes, but is not limited to:

(A)

conduct between campers with developmental disabilities that would constitute

abuse, as defined in this subdivision, if it had been conducted by a camp staff member;

(B)

conduct by a camp staff member which is inconsistent with the individual treatment

plan for a camper with a developmental disability, generally accepted treatment

practices and/or applicable federal or state laws, regulations or policies, or impairs or

creates a reasonably foreseeable potential to impair the health, safety or welfare of a

camper with a developmental disability.

(4) “Personal representative” means a camper’s parent, guardian, or person authorized to act

on behalf of a camper with a developmental disability in making health care decisions.

(b) Staff and supervision requirements.

(1) The camp director, who may also be the camp operator, must possess a bachelor's degree

from an accredited program in the field of physical education, recreation, education,

social work, psychology, rehabilitation or related human services fields and must present

evidence of specialized training or 1 year of experience in treating or working with

individuals with a developmental disability.

(2) A camp director does not have to meet the requirements of paragraph (1) of this

subdivision if:

(i) The individual was a camp director for a camp for developmentally disabled campers

during each of the 3 camping seasons preceding the 1986 camping season; and

(ii) Conditions at the camp did not threaten the health or safety of campers during that

person's tenure as camp director; and

(iii)The individual otherwise meets the minimum qualifications for a camp director, as set

forth in §48.09.

(3) The camp director, or any camp staff, must not be on the Justice Center Staff Exclusion

List (SEL) established pursuant to § 495 of the NYS Social Services Law.

(4) The camp director must develop a written staff training program appropriate to the

specific needs of the campers with developmental disability enrolled in the camp.

(5) Camp staff providing direct care of a camper with a developmental disability must be

trained on the specific needs of the campers in their charge.

(1) Prior to or at enrollment, a camp director must obtain existing individual treatment, care

and behavioral plans for campers with a disability, which must be maintained, reviewed

and monitored by the developmental disability camp health director.

(2) The developmental disability camp health director must ensure that camp staff implement

adequate procedures to protect the health and safety of a camper based on the treatment

plan provided and, when necessary, in consultation with an individual’s parent, guardian,

personal representative, physician and/or clinical team.

(3) Modified diets, use of any specialized devices and/or other special needs related to a

camper’s disability, must be identified for each camper prior to arrival at camp, and

provided for in accordance with supplied directions, and reviewed and monitored by the

developmental disability camp health director.

(4) The confidential medical history for a camper with a disability must, in addition to the

requirements of § 48.17, include:

(i) Any restrictions, allergies, medications, special dietary needs, and other pre-existing

medical, physical or psychological conditions and illnesses needing attention.

(ii) The camper’s physician’s name, address and telephone number.

(d) Recreational safety.

(1) All appropriate recreational activities must be accessible by providing ramps, proper

surfaces for movement, and/or adaptive equipment.

(2) The minimum counselor-to-camper ratio who use a wheelchair, adaptive equipment or

bracing to achieve ambulation, but who do not possess, for whatever reason, the ability to

fit, secure or independently manipulate such devices to achieve ambulation, shall be 1:2.

(3) The minimum counselor-to-camper ratio during swimming pool and bathing beach

activities shall be 1 counselor for each camper who is non-ambulatory or has a disability

identified by the camper's parents, guardian, physician or residential care provider that

may result in an increased risk of an emergency in the water, such as uncontrolled

epilepsy.

(4) The minimum counselor-to-camper ratio during swimming pool and bathing beach

activities shall be 1 staff member for every 5 campers with a developmental disability not

designated in paragraph (3) of this subdivision.

(5) No camper with a developmental disability can participate in swimming activities unless

a written permission statement signed by the camper’s parent, guardian or residential care

provider is on file at the camp.

(6) The camp safety plan approved under § 48.11 must contain a procedure to address the

handling of seizures, gag syndrome, and aspiration of water for campers with

developmental disabilities. All bathing beach and swimming pool staff must be trained to

implement the procedure prior to the date the camp begins operation. In-service training

using this procedure must be conducted and documented every 2 weeks after the

commencement of the camp’s operation or as otherwise approved by the Department in

the camp’s safety plan.

(e) Transportation.

(1) A camp serving wheelchair-bound campers must provide an adequately-equipped vehicle

for transportation.

(2) There shall be at least 1 counselor in addition to the driver in any vehicle transporting

campers with a developmental disability or as provided in the camp safety plan approved

under §48.11.

(f) Toilets, privies, lavatories, showers. All lavatories and showers used by a camper with a

disability must be equipped with specialized fixtures, grab bars or other controls appropriate for

the camper’s disability. Lavatories and showers used by campers with physical, intellectual or

developmental disabilities, who are unable to moderate water temperature safely, must have a

water temperature not greater than 110 degrees Fahrenheit.

(g) Sleeping quarters.

(1)

Buildings housing non-ambulatory or wheelchair-bound campers must have ramps

constructed in accordance with the NYS Fire Prevention and Building Code (19 NYCRR

Chapter XXXIII, Subchapter A, Part 1219) to facilitate access and egress and must

maintain a minimum 36 inch wide clear path to exits if 2 ramps are provided, or a 60 inch

wide clear path when only 1 ramp is provided.

(2)

Non-ambulatory campers must not have their sleeping accommodations above the ground

floor.

(h)

Location and grounds. Exterior paths of travel must be free of encumbrances and provide an

appropriate surface for movement during inclement weather as appropriate for the camp

population being served.

(i)

Incident reporting. In addition to reporting incidents as required by this Article, all camp staff

must immediately report any incident involving a camper with a developmental disability to

the camp director, the Department and to the Justice Center’s Vulnerable Person’s Central

Department and the Justice Center.

(j)

Immediate protections and notifications. Immediately upon notification of an allegation of

abuse, neglect or significant incident as defined in § 48.25(a)(3), the camp director or

designee must ensure appropriate actions are taken to immediately address the physical and

psychological needs of the camper(s) involved, implement protections to ensure the safety

and mitigate further risk to campers and document such actions and implementations.

(k)

The camp director or designee must notify a camper with a developmental disability and the

camper’s personal representative that the camper is an alleged victim or potential witness of

an incident of abuse or neglect.

(1)

Alleged victims must be notified within 24 hours and potential witnesses must be

notified within 48 hours of reporting to the camp director or designee and to the

Department, that an incident of abuse or neglect has been accepted by the Justice

Center for investigation.

(2)

There shall be no notification of a personal representative if the alleged victim or

potential witness objects to such notification or if providing such notification would

compromise the investigation, violate relevant confidentiality laws, be contrary to

court order, or otherwise contrary to the best interests of the alleged victim or the

potential witness.

(l)

Camp staff must document in writing that notice of an incident (as described in subdivision

(k)) was given or that adequate effort to make such notification was made for each camper.

(m)

Staff screening, training and code of conduct.

(1) Prior to hiring anyone who will or may have direct contact with campers, or approving

credentials for any camp staff, the camp director must follow the procedures established by

the Justice Center in its regulations or policy, to verify that such person is not on the SEL.

(2) Prior to hiring anyone who will or may have direct contact with campers, the camp director

must consult the NYS Office of Children and Family Services’ Statewide Central Register

of Child Abuse and Maltreatment (SCR) as required by § 424-a of the NYS Social Services

Law to verify that such person is not on such registry.

(3) The screenings required by paragraphs (1) and (2) of this subdivision are in addition to the

requirement that the camp director similarly verify that any prospective camp staff is not on

the sex offender registry, as required by §48.09(m)(3).

(4) A camp director must ensure that camp staff receive training regarding their mandated

reporting obligations as mandated reporters as defined by Article 11 of the NYS Social

Services Law. A camp director must ensure that the telephone number for the Justice

Center's VPCR hotline for the reporting of reportable incidents is conspicuously displayed

in areas accessible to mandated reporters and campers.

(5) The camp director must ensure that all camp staff are provided with a copy of the code of

conduct established by the Justice Center pursuant to § 554 of Executive Law. Such code

of conduct must be provided at the time of initial employment, and at least annually

thereafter during the term of employment. Receipt of the code of conduct must be

acknowledged and the recipient must further acknowledge that he or she has read and

understands such code of conduct.

(n)

Disclosure of information.

(1) Except as prohibited by law, the camp director must share information relevant to the

investigation of any incident subject to reporting under this Article with the Department

and the Justice Center. Except as prohibited by law, the Department and the Justice Center

may share information obtained in their respective investigations of incidents.

(2) Except as prohibited by law, records of facilities or provider agencies not otherwise subject

to Article 6 of the NYS Public Officers Law must be made available for public inspection

and copying, when such records relate to abuse and neglect, or a significant incident of

developmentally-disabled persons, to the same extent that those records would be available

from a state agency, as defined in such Article.

(o)

Incident management.

(1) The camp director must promptly obtain an appropriate medical examination of a

physically injured camper with a developmental disability.

(2) The camp director must fully cooperate with the investigation of reportable incidents

involving campers with developmental disabilities and must provide all necessary

information and access to conduct the investigation. The camp director must provide

information, whether obtained pursuant to the investigation or otherwise, to the Justice

Center and Department upon request, in the form and manner requested. Such information

must be provided when requested by the Justice Center or Department or other applicable

investigator.

(3) At the conclusion of any investigation of an alleged reportable incident, the camp director

must:

(i) Assess the need for corrective actions;

(ii) Report corrective actions to the Department within 45 days of the conclusion of an

investigation; and

(iii) Implement corrective actions identified by the camp, or required by the Department

or the Justice Center.

(iv) Corrective action plans must be implemented as soon as possible but no later than 90

days of the completion of an investigation, unless the camp has closed for the season. If

closed for the season, corrective action plans must be implemented when the camp

reopens.

(p) Incident review committee.

(1) Unless as provided by paragraph (2) of this subdivision, a camp must maintain a facility

incident review committee in accordance with 14 NYCRR Part 704.

(2) Pursuant to paragraph (f) of subdivision (1) of § 490 of the Social Services Law and 14

NYCRR Part 704, a camp director may seek an exemption from the Department from the

requirement to establish and maintain an incident review committee.

(i) In order to obtain an exemption, the camp director must file an application with the

Department and provide sufficient documentation and information to demonstrate

that compliance would present undue hardship, that granting an exemption would not

create an undue risk of harm to campers' health and safety and specify an alternative

process to ensure appropriate review and evaluation of reportable incidents.

(ii) If approved by the Department, a camp director must meet all terms of an approved

exemption(s). An exemption shall remain in effect until revoked by the Department.

A camp director must immediately notify the Department when conditions upon

which the incident review committee exemption was granted have changed.

(p)

In addition to all other bases afforded to the Department to deny, suspend or revoke a

permit as specified in this Code, a camp permit may be denied, revoked or suspended if the

camp fails to comply with regulations, policies, or other applicable requirements of the

Justice Center, as determined by the Department. In considering whether to issue a permit

to a camp, the Department shall consider the camp's past and current compliance with the

regulations, policies, or other requirements of the Justice Center.

§48.26 Modification of provisions.

When the strict application of any provision of this Article presents substantial

difficulties, or unusual or unreasonable hardships, the Commissioner of the Department

or designee may in a specific instance modify the application of such provision consistent

with the general purpose and intent of this Article and upon such conditions as in his/her

opinion are necessary to protect the health of the children. Unless a specific duration is

specified by the Department, all modifications shall remain in effect for the remainder of

the permit period and shall expire at the end of the permit period.

§48.27 Modification.

§48.29 Overnight Camps, Summer Day Camps, Traveling Summer Day Camps;

Enrollment Application Requirements.

Any enrollment application forms and/or enrollment contract forms mailed or delivered to a

person for purposes of enrollment of a child for any children's overnight camp, children's

summer day camp and traveling summer day camp shall contain or be accompanied by a written

statement which declares:

(a) That such camp is required to be licensed by the New York City Department of Health

and Mental Hygiene;

(b) That such camp is required to be inspected twice yearly; and