N.Y. Public Health Law 1393 – Permit requirements
§ 1393. Permit requirements. 1. No person, firm, corporation, or association shall operate a children's overnight, summer day, or traveling summer day camp without first obtaining a permit from an officer.
Terms Used In N.Y. Public Health Law 1393
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Officer: shall mean the commissioner, the health commissioner of a city with a population of over fifty thousand, the health commissioner of a county or part-county health district, the state district health officer, in whose jurisdiction a children's overnight camp, summer day camp, or the primary inclement weather facility of the children's traveling summer day camp is located, or if there be no such facility then the state district health officer in whose jurisdiction the central office is located, any county health director having all the powers and duties prescribed in section three hundred fifty-two of this chapter, the state district sanitary engineer or a grade one public health administrator qualified and appointed pursuant to part eleven of the sanitary code and serving as primary administrator of all health programs in a county or part-county health district. See N.Y. Public Health Law 1392
- Summer day camp: shall mean a property consisting of a tract of land and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied on a scheduled basis at any time between June first and September fifteenth in any year by children under sixteen years of age under general supervision, for the purpose of indoor or outdoor organized group activities, involving nonpassive recreational activities with significant risk of injury, as such activities are defined by the department in rules and regulations, for a period of less than twenty-four hours on any day the property is so occupied, and on which no provisions are made for overnight occupancy by such children. See N.Y. Public Health Law 1392
- Traveling summer day camp: shall mean a summer day camp which regularly operates in the period between May fifteenth and September fifteenth and which regularly transports children under the age of sixteen on a regular schedule to a facility, site, or property, including any tract of land, beach, park, stadium, building, tents or other structures pertinent to its use and primarily for the purposes of organized group activity. See N.Y. Public Health Law 1392
2. An officer shall issue a permit if, after inspection, the children's overnight, summer day, or traveling summer day camp is in compliance with this chapter and the sanitary code. All permits shall expire one year from the date of issuance of such permit or upon such earlier date as specified by such officer which date shall in no event be earlier than the latest date that such camps may remain open pursuant to regulations prescribed by the commissioner. Nothing in this section shall be construed to limit the responsibilities and duties of compliance arising out of any other provision of law.
3. Notwithstanding any other provision of law, an officer in issuing a permit may waive any requirement of the sanitary code setting a minimum standard of floor space per camper in a camp's sleeping quarters. Such a waiver may be granted upon written application therefor, and shall be accompanied by a statement by the officer of the specific terms and conditions under which the waiver shall have been granted. Such waivers may be granted only to camps constructed prior to January first, nineteen hundred seventy-five. An officer shall grant such waiver where the application therefor is accompanied by a written certification by the local health officer of its need or desirability to avoid an immediate undue hardship upon the operator which may result in the closing of the children's overnight camp to prospective campers, and a statement by the local health officer that the granting of a waiver shall not present a hazard to public health and safety. All such waivers shall expire on December thirty-first of the year in which they are granted, but may be renewed for good and sufficient reason.
4. The fee for a permit shall be two hundred dollars, except that no fee shall be charged in the case of a children's overnight, summer day or traveling summer day camp operated by a person, firm, corporation or association for charitable, philanthropic or religious purposes.
5. 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, summer day, or 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 state department of health;
(b) that such camp is required to be inspected twice yearly; and
(c) the address where inspection reports concerning such camp are filed.