New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 6 - Swimming Pools, Bathing Beaches And Recreational Aquatic Spray Grounds
Subpart 6-2 - Bathing Beaches
Operation and Supervision
Section 6-2.17 - Supervision-personnel and equipment

Universal Citation: 10 NY Comp Codes Rules and Regs ยง 6-2.17

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Personnel.

(1)
(i) When a bathing beach is part of a temporary residence or a campground, as defined in Part 7 of this Title, the operator must provide either Supervision Level I, IIb, III, or IV acquatic supervision. Supervision Level I must be provided at temporary residence ocean surf beaches. When Supervision Level III or IV is selected, on-premise CPR certified staff is not required. The temporary residence or campground operator must notify the permit-issuing official in writing of the supervision level selected and at least 15 days before making any subsequent changes to the supervision level selected for each bathing beach.

(ii) When Supervision Level III or IV is selected, the operator of a temporary residence or campground bathing facility described in subparagraph (i) of this paragraph shall not allow the use of the temporary residence or campground bathing facility by persons other than registered overnight patrons of the temporary residence or campground and their guests.

(2) The supervision level required at each bathing beach, other than those described in paragraph (1) of this subdivision, will be determined based on the following:
(i) Supervision Level I is required at ocean surf beaches.

(ii) Supervision Level IIb is required when any of the following are present: water depth within the designated bathing area is five feet or greater; diving boards; flotation devices (other than those bearing a U.S. Coast Guard Type I-III label); bottom conditions hazardous to bathers; aquatic amusements; bathing area perimeter is 50 feet or more from shore; beach bottom slope is steeper than 1:8; slides that discharge into the water.

(iii) Supervision Level IV is required when the water depth within the designated bathing area is less than five feet and the bathing area perimeter is less than 50 feet from the shore.

(3) Aquatic supervisory staff must meet the requirements of section 6-2.20 of this Subpart. When a facility voluntarily provides supervisory staff or a supervision level exceeding those required by this section, all the requirements of this Subpart relative to supervision are applicable.

(4) At least one aquatic supervisory staff person having at least the required supervision level shall be provided for each 50 yards of beach front or fraction thereof at bathing beaches required to use Supervision Levels I and II. Sufficient aquatic supervisory staff must be provided for visual surveillance of the entire bathing area(s) open for swimming.
(i) At ocean surf beaches, at least one supervision level I aquatic supervisory staff possessing a current certificate of training in the operation and use of an automated external defibrillator approved by a nationally-recognized organization or the State emergency medical services council shall be present at all hours of beach operation. Records of the training shall be maintained available for review during inspections.

(5) Additional aquatic supervisory staff may be required by the permit-issuing official whenever it is necessary for the protection of the beach patrons (bathers). Factors, including but not limited to: beach shape; diving board use; patron decorum, patron alcohol consumption; and, bathing facilities used primarily for the developmentally disabled may be the basis for increased coverage.

(6) The aquatic supervisory staff at beaches required to have Supervision Levels I-III shall be at the beachfront, providing direct supervision of the bathers.

(7) The aquatic supervisory staff shall be engaged only in activities that involve direct supervision of bathers. When instructional activities occur and the aquatic supervisory staff is also providing the instruction, additional staff meeting at least Supervision Level III requirements must be provided when the instructional activities may be reasonably expected to distract required aquatic supervisory staff from direct supervision of all bathers.

(8) Beaches required to use Supervision Levels I and II aquatic supervisory staff shall provide a supervising lifeguard when the facility is required to provide three or more aquatic supervisory staff.

(9) The facility operator shall be responsible for verification of aquatic supervisory staff qualifications. Copies of the certifications or other document(s) showing possession of such qualifications shall be kept on file at the site and made available to the department upon request.

(10) A bathing beach permitted to use Supervision Level IV shall comply with the following bathing beach use rules:
(i) Two or more adults (18 years of age or older) must be present at the beach when the bathing facility is in use, with at least one adult on the beachfront.

(ii) Supervision Level IV bathing beach personnel shall be on premises at all times the beach is in use and will conduct at least one visual beachfront check prior to operation/use. The visual check shall confirm the beach is in compliance with the requirements of this Subpart, including safety equipment and water conditions. Upon completion of these inspections the personnel signs or initials the log, and records the time of inspection and number of persons using the facility. A log is to be provided and maintained by the facility operator to record the time of periodic inspection(s) and other required information.

(iii) Children less than 16 years of age must at all times be accompanied by a parent or guardian or similar adult responsible for their safety and behavior while at the bathing facility.

(iv) A free, conveniently located telephone must be provided at the facility with posted numbers for the nearest emergency service (police, fire department, ambulance, hospital).

(v) Required safety equipment must be provided at site.

(vi) Warning signs of a minimum 36" x 24" size with safety conditions and methods for summoning CPR certified individual, when CPR trained staff is required, must be posted. The warning sign must state:

Two or more adults (18 years of age or older) must be present at the beach when the bathing facility is in use, with at least one adult on the beachfront.

Children less than 16 years of age must at all times be accompanied by an adult responsible for their safety and behavior while at the bathing facility.

Swim only within the designated bathing area.

Method of summoning on-premise CPR staff (only where CPR trained staff is required).

Location of free telephone and numbers to contact.

(vii) The bathing facility operator shall provide to all patrons a written statement or brochure. Only patrons who have received this statement may use the bathing facility. The brochure or statement must state at least the following:

NEVER SWIM ALONE. A minimum of two adults, 18 years of age or older, must be present whenever this swimming facility is in use.

THERE IS NO SUBSTITUTE FOR ADEQUATE SUPERVISION. Children under 16 years of age must be accompanied by a parent or guardian.

IN AN EMERGENCY, NOTIFY THE FACILITY OPERATOR AND CONTACT HELP AS SOON AS POSSIBLE. A free telephone is provided at this facility (define location). Telephone numbers for the nearest emergency medical service are posted.

Only use this facility during posted hours of operation and swim only in the designated bathing area.

Don't drink alcohol and swim.

(b) Lifesaving equipment and safety lines.

(1) Lifesaving equipment shall be readily accessible at all bathing beaches. Minimum equipment shall include:
(i) a first aid kit, which may be any commercially prepared 24-unit kit or, a supply of bandaids, bandage compresses and self-adhering gauze bandages; and a pocket face mask or face shield with a one way valve to assist with CPR;

(ii) at Supervision Level I and IIb bathing beaches: one rescue tube or a torpedo buoy with an attached line for each lifeguard required by this section; a rescue board or lifeboat in compliance with section 6-2.19, item 6.2.1 (board/boat specifications) of this Subpart and a full size commercially available spine board or a spine board six feet long and a minimum 16 inches wide provided with straps to aid in immobilization of a victim and hand holds; and
(a) At ocean surf beaches, at least one automated external defibrillator shall be provided by the operator and maintained on-site. The beach operator shall implement a PAD program as defined in section 6-2.2(i) of this Subpart and maintain the following records on-site for inspection:
(1) a copy of the collaborative agreement between an emergency health care provider and the ocean surf beach operator;

(2) a copy of the notification to the regional emergency medical services council of the existence, location, and type of automated external defibrillator; and

(3) the records of automated external defibrillator maintenance and testing specified by the manufacturer's standards;

(iii) at Supervision Level IV bathing beaches or temporary residence bathing beaches using Supervision Level III in accordance with section 6-2.17(a)(1)(ii) of this Subpart: one U.S. Coast Guard approved ring buoys at least 18 inches in diameter fitted with a quarter- inch diameter line a length of 50 feet, and a reaching pole, 15 feet long.

(2) Each lifeguard stand shall be equipped with a whistle or megaphone, and an umbrella or sunshade.

(3) Elevated lifeguard chair(s) shall be provided at all level I and IIb beaches. A minimum of one chair is required for each 50 yards of supervised beach front or at locations described in the approved safety plan as required by subdivision (c) of this section. Elevated lifeguard chairs shall be located to provide a clear unobstructed view of the bathing area. Where swimming or diving is permitted more than 150 feet from the shoreline, lifesaving patrol boats or offshore lifesaving stations shall be provided.

(4) Safety equipment shall have its function plainly marked, and shall be kept in ready condition.

(5) Floating lines shall mark the boundaries of the swimming, wading and diving areas in accordance with the provisions of section 6-2.19, item 4.7, of this Subpart. Swimming shall be prohibited outside the marked area.

(6) A bathing beach with consistent actual bather use of 500 or more bathers shall have and maintain a readily accessible building for emergency care. This building shall be equipped with an advanced first aid kit and a resuscitator.

(c) Safety plan. Operators of bathing beaches must develop, update and implement a written beach safety plan, consisting of: procedures for daily bather supervision, injury prevention, reacting to emergencies, injuries and other incidents, providing first-aid and summoning help. At ocean surf beaches, the safety plan shall be developed in consultation with an individual having adequate ocean surf lifeguarding experience. The safety plan shall be approved by the permit-issuing official and kept on file at the beach. Approval will be granted when all the components of this section are addressed so as to protect the health and safety of the bathers, and the plan sets forth procedures to insure compliance with this Subpart.

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