Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Swimming.
(1) Only locations
approved by the permit-issuing official as part of the camp's safety plan can
be used for swimming.
(2) Adequate
light must be present to effectively supervise swimming activities. Swimming
shall be prohibited between sunset and sunrise at wilderness swimming sites.
Lighting for indoor and nighttime swimming pool use must comply with Subpart
6-1 of this Title.
(3) Swimming
pools and bathing beaches operated as part of a children's camp shall comply
with Part 6 of this Title, and the following:
(i) The swimming pool or bathing beach shall
be directly supervised by a camp aquatics director.
(ii) Float lines shall be provided in
accordance with Subpart 6-1 or Subpart 6-2 of this Title and the swimming area
shall have at least non-swimmer and swimmer areas designated. Non-swimmers
shall be confined to the area appropriate to their assessed swimming ability.
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 only for non-swimmers. Non-swimmers shall be restricted to water
less than chest deep, except:
(a) during
learn-to-swim programs that use a supervision protocol determined by the State
Commissioner of Health to protect a camper from injury or drowning;
or
(b) when counselors are in the
water and directly supervise a maximum of three non-swimmers in shallow water
in the non-swimmer area.
(iii) Permanent swimming areas shall have
supervised entrances and exits, lifeguard station providing an unobstructed
view of the swimming area, and lifesaving equipment. Swimming pools shall be
protected by fences: entrance gates shall be locked except during periods when
a lifeguard is on duty.
(iv) A
buddy system and board system of supervising and checking bathers must be
described in the camp's approved safety plan and implemented. It must include,
as a minimum:
(a) an accounting system which
identifies each bather by name, the bather's swimming ability and the swim area
to which the bather is assigned;
(b) a method of recording the entry to and
exit from the swim area for each bather;
(c) the assignment of each bather to a buddy
who must have the same level of swimming ability. If a non-swimmer is paired
with a swimmer, both must remain in the non-swimmer area. One threesome is
allowed per swim area. Buddies shall be instructed to notify the lifeguard when
their partner is in distress or is missing; and
(d) that checks of the bathers are made at
least every 15 minutes. These checks are referenced against the accounting
system.
When children are unable to comprehend or implement the
buddy system, another method which the permit-issuing official has determined
provides an equivalent level of bather safety, supervision and accountability
for these children may be substituted for the buddy system and board system.
The method must be described in the camp's approved safety plan.
A "lost swimmer" plan, which details all procedures to be
followed, including clearing the water, searching and supervising campers
present, is required and must be included in the camp's approved safety plan.
The lost swimmer plan shall be implemented whenever a buddy check fails to
account for all bathers and anytime a bather is reported
missing.
(v) All
piers, floats, platforms, and decking shall be in good repair. Clearly visible
depth and other markings shall be provided in accordance with Subpart 6-1 or
Subpart 6-2 of this Title.
(vi) The
minimum water depth for diving boards shall be in accordance with section
6-1.10(l)
or section
6-2.19,
item 4.8.2 of this Title. Swimming pool diving boards installed since July 15,
1988, shall be constructed in accordance with section
6-1.29
item 5.6 of this Title. 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.
(vii) There shall be one qualified lifeguard
for every 25 bathers. Each lifeguard shall supervise no more than 3,400 square
feet of pool surface area or 50 yards of shoreline at a bathing beach. At a
beach where swimming or diving is permitted more than 150 feet from shore,
lifesaving patrol boats or offshore lifesaving stations shall be
provided.
(viii) The ratio of
counselors to campers participating in activities that occur in the water shall
be 1:10. For children younger than eight, the ratio shall be 1:8, except that
when children are less than six years of age, the ratio shall be 1:6.
Counselors shall be assigned to supervise campers and be located at the
poolside, beachfront or in the water providing direct visual surveillance for
such campers at all times.
(4) When swimming is conducted during camp
trips including aquatic amusement park activities at a facility not owned or
operated by the camp, each camper shall have a signed statement of permission
to participate from a parent/guardian and the following shall be met:
(i) Except for wilderness sites, only those
swimming pools and bathing beaches in New York State that have a valid permit
to operate issued from the local health department having jurisdiction for the
bathing facility, or those be operated by a New York State Agency may be
used.
(ii) Residential swimming
pool use is prohibited.
(iii) A
buddy system and board system of supervising bathers shall be implemented in
accordance with subparagraph (3)(iv) of this subdivision. All campers must have
their swimming ability assessed by a progressive swimming instructor and the
swimming area shall have at least non-swimmer and swimmer areas designated.
Non-swimmers shall be confined to the area appropriate to their swimming
ability. 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 for only non-swimmers. Non-swimmers shall be restricted
to water less than chest deep, except:
(a)
during learn-to-swim programs that use a supervision protocol determined by the
State Commissioner of Health to protect a camper from injury or drowning;
or
(b) when counselors are in the
water and directly supervise a maximum of three non-swimmers in shallow water
in the non-swimmer area.
(iv) When a camp utilizes a pool, bathing
beach or an aquatic amusement park activity where the facility provides aquatic
supervisory staff level I, IIa or IIb in accordance with Part 6 of this Title,
the camp shall provide one qualified lifeguard, or camp staff who possesses
training in children's camp swimming program safety as specified in clause
(
a) of this subparagraph, for each 75 campers to supervise
camper bathing activities and implement the camp safety plan. A camp supplied
lifeguard, or a staff possessing training in children's camp swimming program
safety, is not required for aquatic amusement park activities that allow only
one or two patrons in the water at a time and the activity water depth does not
exceed chest deep for non-swimmers.
(a) A
training course will be determined to be acceptable if, after a review by the
State Health Department, the materials and training program covering those
items set forth below are determined to provide camp staff with adequate
training to supervise a camp trip swimming activity.
(b) Training course certification shall be
valid for the time period specified by the certifying agency, but may not
exceed a consecutive three-year period from course completion.
(c) Training course materials shall be
submitted for review by the course sponsor and shall include minimum instructor
qualifications to demonstrate that instructors possess adequate experience and
knowledge in children's camp swimming program safety to effectively communicate
the subject matter of this section:
(1)
Injury Prevention including Communicating and Enforcing Rules.
(2) Bather Surveillance Systems for
Children's Camps:
(i) Classifying and
Identifying Bather Swimming Abilities.
(ii) Swimming Area Selection.
(iii) Buddy System.
(iv) Buddy Board/Accountability
Systems.
(3) Types of
Emergencies and Emergency Action Plans (EAP).
(v) Pre-arrangement must be made with an
off-site facility to ensure that the facility is capable of accommodating the
additional bather load associated with the camp, to identify duties of the camp
aquatic staff, and to determine whether or not the facility's lifeguards will
be present.
(vi) Minimum counselor
to camper ratio shall be 1:8 for campers six years of age and older and 1:6 for
campers younger than six years of age. Counselors shall be assigned to
supervise campers and be located at the poolside, beachfront or in the water
providing direct visual surveillance for such campers at all times.
(vii) When the camp utilizes a facility that
does not provide aquatic supervisory staff level I, IIa or IIb in accordance
with Part 6 of this Title, the camp must provide one qualified lifeguard for
every 25 bathers to directly supervise campers participating in bathing
activities and to implement the camp safety plan. Each camp supplied lifeguard
shall supervise no more than 3,400 square feet of area at swimming pools or no
more than 50 yards of shoreline at bathing beaches. Camper swimming is
prohibited at a distance of more than 75 feet from shore at bathing beaches
when the water depth exceeds chest deep of the shortest camper. When the water
depth is less than chest deep of the shortest camper, swimming shall be
restricted to no more than 150 feet from shore.
(5) When wilderness swimming is conducted,
each participating camper shall have a signed statement of permission to
participate from a parent/guardian, and subparagraph (3)(iv) of this
subdivision shall be complied with. In addition:
(i) The camp shall provide at lease one
qualified lifeguard per 25 bathers. A minimum of two staff members which
includes the lifeguard who shall possess a current certificate in an acceptable
cardiopulmonary resuscitation (CPR) training program as defined in section
7-2.2(n)
of this Supbart.
(ii) Minimum staff
to camper ratio shall be 1:8 for campers six years of age and older and 1:6 for
campers younger than six years of age. Counselors shall be assigned to
supervise campers and be located at the waterfront providing direct visual
surveillance for such campers at all times.
(iii) The swimming area shall be adequately
marked to identify the perimeter. Water within the swimming area shall not
exceed five feet in depth and swimming shall be restricted to an area which is
no more than 50 yards of shoreline and 75 feet from shore. Water clarity shall
be sufficient to see the bottom or to a minimum of four feet below the surface
throughout the swimming area. The bottom slope of the swimming area shall not
be steeper than 1:8 and the bottom shall contain no sharp drop-offs. jagged
rocks or under water obstructions. Water currents shall not exceed three feet
per second in the swimming area.
(iv) All campers must have their swimming
ability assessed by a progressive swimming instructor and the swimming area
shall have at least non-swimmer and swimmer areas designated. Non-swimmers
shall be confined to the area appropriate to their assessed swimming ability.
Non-swimmers shall be conspicuously identified to be readily distinguishable
from swimmers and be restricted to water less than chest deep.
(v) Safety equipment. One rescue tube. rescue
buoy or United States Coast Guard approved life jacket and a pocket face mask
to assist with CPR shall be provided for each required lifeguard.
(vi) Safety rules. Head first diving shall be
prohibited as shall jumping into the water from cliffs, trees, water flumes or
rope swings.
(b)
Riflery.
(1) Rifle ranges shall not endanger any
person or persons in other activity areas; backstops shall be used to contain
bullets within the range. Large warning signs atop the backstop, facing away
from the firing line, shall be labeled "keep out."A red firing flag shall be
displayed when the range is in use.
(2) Rifle ranges shall be equipped with a
firing line and a ready line; only those ready to fire shall be on the firing
line. Those waiting to fire shall remain behind the ready line.
(3) The minimum age to participate in a
riflery activity shall be in accordance with the article 265 of the New York
State Penal Law and specified in the camp safety plan. Campers shall be
instructed in safe rifle range procedures before actual firing.
(4) Single-shot rifles, preferably with
slings, shall be used. Persons shall stay behind the firing line at all times,
except when ordered by the instructor to retrieve targets.
(5) The instructor shall be on the range at
all times during firing sessions and shall be assisted by another counselor who
may be trained by the instructor. One staff person shall supervise a maximum of
10 campers on the firing line.
(6)
The instructor shall determine that rifles are clean and in good repair,
supervise the storage of equipment and control its use by means of a check-out
system. Guns and ammunition shall be stored, separately, in locked
cabinets.
(c)
Archery.
(1) The archery range
shall not endanger any person or persons in other program activities and 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) The bows and
arrows shall be stored in a locked cabinet.
(3) An archery staff-camper ratio of one for
every 10 campers on the firing line shall be maintained.
(4) All archery staff should possess training
in archery.
(d)
Horseback riding.
(1) A
competent riding instructor shall determine each camper's riding experience and
level of skill before assigning horses and deciding whether the camper rides in
the ring or on the trail. 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.
(2)
Protective headgear containing a permanent label stating that it meets or
exceeds the American Society for Testing and Materials standard ASTM F1163
shall be worn at all times.
(3)
Children shall wear shoes with heels, or closed stirrups shall be
used.
(e)
Animals.
No animals suspected of carrying a communicable disease
shall be kept in camp. Animals kept in camp shall comply with the Environmental
Conservation Law and with the Agriculture and Markets Law.
(f)
Equipment.
(1) No personal weapons, bows, rifles or
similar equipment shall be brought to camp without the camp operator's
knowledge and permission. Such articles permitted in camp shall be kept in a
locked cabinet by the operator and used only by the owner in accordance with
camp safety regulations.
(2) All
equipment shall be free of hazards, securely anchored where necessary,
installed and used in accordance with manufacturer's instructions and inspected
by the camp operator at frequent intervals for defects.
(g)
On-site activities.
An activity leader shall supervise each camp activity
occurring on the camp's property. A minimum of one activity leader and one
staff member shall supervise activities that occur at locations where
additional camp staff assistance is not readily available. A minimum
counselor-camper ratio of 1:8 shall be maintained for wilderness, equestrian,
boating and similar specialized activities, unless the children are less than
six years of age than the ratio shall be 1:6.
(h)
Special waterfront
activities.
(1) Practices and
equipment, including head protection for whitewater canoeing and personal
flotation devices for specialty waterfront activities such as water skiing,
scuba diving or whitewater canoeing shall be included in the approved camp
safety plan.
(2) All motorized
boats for use at camp shall: be registered with the Department of Motor
Vehicles, display its registration number on its bow, and a current
registration and inspection certificates shall be available for examination by
the permit-issuing official. Procedures and conditions for the use of
nonmotorized boats shall be included in the required written camp safety plan.
All boat occupants shall wear a United States Coast Guard-approved life jacket
or vest. A lifeguard shall be present in any water craft having a capacity of
eight or more persons and carrying nonswimmers unless such watercraft is a
public vessel as defined in section 2(6)(a) of the New York State Navigation
Law.
(3) Boats may be used only by
persons having permission of the camp aquatics director or camp director. Boats
carrying passengers shall never be towed behind motorized or nonmotorized
boats. All boats are prohibited in the swimming area unless being used in
rescue efforts by lifeguards.
(4)
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.
(i)
Camp trips.
A trip leader and at least one counselor must accompany all
camp trips. A minimum counselor-camper ratio of 1:8 shall be maintained for
swimming, wilderness, equestrian, boating and similar specialized trips, unless
the children are less than six years of age then the ratio shall be 1:6. A
minimum counselor-camper ratio of 1:12 shall be maintained when transporting
campers via motor vehicles to a specific activity site. Staff supervising a
camp trip must review the camp safety plan for each trip within 24 hours prior
to departure except when the staff participated in an identical trip or in the
pre-camp training within one week prior to the intended trip.
(j)
Incidental water immersion.
During a hike or other similar camp activity, entering a
stream or body of water for the purpose of crossing or for personal hygiene
shall not be considered swimming. Procedures for incidental water immersion in
water deeper than mid-calf of the shortest camper must be specified in the camp
safety plan and approved by the permit-issuing official. Incidental water
immersion shall be prohibited when the water's depth cannot be determined or
when the water's depth or current does not ensure a safe crossing. A trip or
activity leader shall be familiar with safe water flow characteristics and camp
safety plan procedures for any body of water entered. Staff shall test the
entire area in which incidental immersion will occur prior to campers entering
the water.