Current through Register Vol. 46, No. 39, September 25, 2024
(a) Each children's camp shall have a camp
director, who may also be the camp operator, responsible for supervising the
camp program. Minimum qualifications shall be:
(1) bachelor's degree, or at least 25 years
of age for an overnight camp and 21 years for a summer day or traveling summer
day camp;
(2) at least 24 weeks of
previous administrative or supervisory experience in camping or equivalent
experience acceptable to the State Commissioner of Health;
(3) a notification from the Department of
Social Services State Central Register of Abuse and Maltreatment that the
director has not been subject of an investigation report; and
(4) the submission of 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
developed by the commissioner, and a determination by the local permit-issuing
official 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.
(b) Counselors shall be
at least 18 years of age at a children's overnight camp, and at least 16 years
of age at a summer day or traveling summer day camp, and may include both
specialty and general counselors. In addition, the counselor shall either have
experience in camping and supervision of children, or have completed a training
course acceptable to the permit-issuing official. It shall be the
responsibility of the camp operator to verify a prospective counselor's
background and character through reasonable and diligent inquiries, including
but not limited to character references submitted.
(1) During passive activities the ratio of
counselors to campers shall be no greater than 1:25. A passive
activity is defined as an activity which takes place in a defined
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, storytelling, coloring,
viewing movies or drama, singing and board games. The camp's passive activities
must be described in the camp's approved safety plan. Supervision ratios must
be reinstated to the code required level at the conclusion of the passive
activity.
(c) At an
overnight camp, unless specified otherwise in section
7-2.11 of
this Subpart for specialty activities and trips, the ratio of counselors to
children eight years of age and over shall be 1:10; for children younger than
eight years of age, the ratio shall be 1:8; a maximum of 20 percent of the
total required counselors may be 17 years of age.
(1) During the hours campers are resting or
sleeping, the supervision ratio may be modified based on the arrangement, size,
and location of the sleeping area(s) and potential for visual and/or verbal
supervision, to a level accepted by the permit-issuing official and described
in the camp's approved safety plan; provided in all circumstances that:
(i) supervision is adequate to protect the
campers from any unreasonable risk to their health or safety; and
(ii) at least one counselor is present on
every level used for resting or sleeping in a multi- story building.
Supervision ratios must be reinstated to the code required level at the
conclusion of the resting or sleeping period.
(d) At a summer day or traveling summer day
camp, the general ratio of counselors to children shall be 1:12.
Counselor-to-camper ratios as indicated in section
7-2.11 of
this Subpart for specialty activities and trips must be met at all times during
such specialty activities. The permit-issuing official may be more restrictive
in specifying counselor-to-camper ratios if such official deems it reasonable
and necessary for camper safety.
(e)
Camp aquatics director.
A camp aquatics director shall oversee all swimming
activities that occur at swimming pools and bathing beaches operated as part of
a children's camp. This person shall supervise lifeguards, progressive swimming
instructors, and counselors with bather supervision responsibilities during
swimming activities; and implement the camp safety plan. The camp aquatics
director shall:
(1) be at least 21
years of age;
(2) have a minimum
of:
(i) one season of previous experience as
a camp aquatics director at a New York State children's camp; or
(ii) two seasons of previous experience
consisting cumulatively of at least 12 weeks as a children's camp lifeguard, as
specified in subdivision (g) of this section, at a swimming pool or bathing
beach which had more than one lifeguard supervising it at a time; or
(iii) at least 18 weeks of previous
experience as a lifeguard, as specified in paragraph (g)(2) of this section, at
a swimming pool or bathing beach which had more than one lifeguard supervising
it at a time;
(3)
effective until December 31, 2011 possess current certification:
(i) as a progressive swimming instructor, as
defined in subdivision (f) of this section; or
(ii) as a qualified lifeguard, as defined in
subdivision (g) of this section, possessing lifeguard certification specific to
the type of bathing facility at the children's camp; or
(iii) in a training course for lifeguard
supervision and management that meets the requirements specified in section
6-1.31(e)
or
6-2.20(e)
of this Title;
(4)
effective January 1, 2012 have successfully completed a training course in
lifeguard supervision and management that meets the requirements specified in
section
6-1.31(e)
or
6-2.20(e)
of this Title;
(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 cardiopulmonary resuscitation (CPR) training
program as defined in section
7-2.2(n)
of this Subpart.
(f)
Progressive swimming instructor.
As described in the camp's approved safety plan, a
progressive swimming instructor must assess the swimming ability of each camper
prior to allowing the child to participate in aquatic activities. A progressive
swimming instructor must be either:
(1) a water safety instructor currently
certified by the ARC; or
(2)
possess a current certificate issued by a certifying agency determined by the
State Commissioner of Health to provide an adequate level of similar
training.
(g)
Qualified lifeguard.
Qualified lifeguards shall actively supervise participants
in the camp's aquatic activities, as detailed in the camp's approved 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. A qualified lifeguard shall:
(1) be at least 17 years of age, except:
(i) for a maximum of 50 percent of the
required total number of lifeguards on-duty who may be at least 16 years of
age; and
(ii) lifeguards required
for wilderness swimming who must be at least 18 years of age; and
(2) meet lifeguarding, first aid
and CPR certification requirements as detailed in Part 6 of this Title:
| Bathing facility
type |
Minimum lifeguard supervision
level |
| Ocean Surf |
Supervision Level I |
| Pool Only |
Supervision Level IIa |
| Pool and/or Beach |
Supervision Level IIb |
(h)
Trip leader.
A trip leader shall be at least 18 years of age and have
participated in at least three camp trips in a similar program activity as a
children's camp staff member or have experience and training in the activity
which the permit-issuing official has determined to be equivalent to three camp
trips. Trip leaders for wilderness, equestrian, boating and similar specialized
activities shall be competent in the activity. A trip leader of a camp trip
with an itinerary that includes an activity where emergency medical care is not
readily available and/or an activity such as wilderness hiking, camping, rock
climbing, horseback riding, bicycling, swimming and/or boating, shall possess
or be accompanied by staff who possesses a current certificate in an acceptable
first aid training program as defined in section
7-2.2(m)
of this Subpart, and a current certificate in an acceptable cardiopulmonary
resuscitation (CPR) training program as defined in section
7-2.2(n)
of this Subpart.
(i)
Activity leader.
An activity leader shall be competent in the activity being
conducted. Activity leaders of an activity that includes wilderness hiking,
camping, rock climbing, horseback riding, bicycling, swimming and/or boating
shall be at least 18 years of age. When a camp activity is conducted at a
location where the camp staff certified in first aid and CPR in accordance with
section
7-2.8(a)
of this Subpart are not readily available, an activity leader shall possess or
be accompanied by staff who possesses a current certificate in an acceptable
first aid training program as defined in section
7-2.2(m)
of this Subpart, and a current certificate in an acceptable cardiopulmonary
resuscitation (CPR) training program as defined in section
7-2.2(n)
of this Subpart.
(j) Riflery
instructors shall have a current instructor's certificate issued by the
National Rifle Association or its equivalent generally accepted as providing a
similar or equivalent level of riflery skill.
(k)
Counselor-in-training (CIT).
A CIT or junior counselor
is a camper who is assigned to an on-duty counselor or other staff member to
assist, as described in the camp's approved safety plan, in performing specific
duties. A CIT may not independently supervise campers, and shall be supervised
as a camper. All CITs shall receive training specific to their duties, and
camper orientation. A maximum of 10 percent of the total number of counselors
required by subdivisions (b) and (d) of this section may be CITs,
provided:
(1) CITs at a children's
overnight camp are at least 16 years of age and have at least two seasons'
prior experience as a camper; and
(2) CITs at a summer day or traveling summer
day camp are at least 15 years of age and have at least two seasons' prior
experience as a camper.
(l) Records identifying staff qualifications
shall be maintained in the camp for inspection by the permit-issuing official
or his designated representative. The camp operator shall ascertain whether an
employee or volunteer is listed on the New York State Division of Criminal
Justice Services (DCJS) Sex Offender Registry prior to the day such employee or
volunteer commences work at camp and annually thereafter prior to their arrival
at 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 shall be kept on file at the site and made available to the
permit-issuing official upon request.
(m) No individual known to be a carrier of a
communicable disease shall be employed at a children's camp.
(n)
Camp safety plan.
The camp operator must develop, review annually and update,
as required, a camp safety plan, which shall be submitted for review and
approval to the permit-issuing official as described in section
7-2.4(c)(1)
of this Subpart. A camp safety plan shall be considered satisfactory for
approval when it is found to include all the information required in this
section and accurately reflects the children's camp's compliance with this
Subpart. The camp's approved safety plan shall be implemented by the camp
operator and kept on file at the children's camp. The camp safety plan shall
consist of, at a minimum, a table of contents and the following
components:
(1) personnel: 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 permit-issuing official 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 this segment of the
approved camp safety plan must be submitted to the local fire district or
department;
(4) medical
requirements: review of camper confidential 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 medical emergencies, including outbreaks and procedures for response
to allegations of child abuse; identification of and provisions for medical,
nursing and emergency medical services; identity, qualifications and outline of
duties of health director and health personnel certified in first aid and CPR;
description of health center; storage and administration of medicines; location
and use of first aid and CPR supplies; maintenance of a medical log;
description of universal precautions for bloodborne pathogens; reporting of
illness and injuries, including camper abuse/allegations to the permit-issuing
official 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, between activities, for passive activities,
during sleeping and rest hours, transportation and for emergencies. Safety
requirements and supervision must be discussed for specific camper activities,
including but not limited to, swimming, boating, horseback riding, rope or
challenge courses, archery, riflery, camp trips, wilderness activities and any
activity in which incidental water immersion occurs;
(6) staff training: training curriculum
outline; tour of camp; 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 and illness; buddy system; lost swimmer plan (if camp has an
aquatics program); lost camper plan; lightning plan; fire safety and fire
drills; camp evacuation procedures; activity specific training for assigned
activities; camp trips (if provided); and process to document training
attendance; and
(7) camper
orientation: orientation curriculum outline; tour of camps; description of camp
hazards; reporting illness, injury and other incidents; buddy system; lost
camper plan; fire drills and evacuation; lightning plan; camp trips; and
process to document orientation attendance.
(o) The camp operator shall provide adequate
supervision. Adequate supervision shall mean:
(1) supervision such that a camper is
protected from any unreasonable risk to his or her health or safety, including
physical or sexual abuse or any public health hazard; and
(2) as a minimum, there shall exist visual or
verbal communications capabilities between camper and counselor during
activities and a method of accounting for the camper's whereabouts at all
times.
(p) The camp
operator shall provide, with 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 camp, a written statement and/or brochure outlining
the rights and responsibilities of campers and camp operators and declaring:
(1) that such camp is required to be
permitted to operate by the New York State Department of Health;
(2) that such camp is required to be
inspected twice yearly; and
(3) the
address where inspection reports concerning such camps are filed.
