Bill Text: NY A02193 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to permitting requirements for children's camps including permit requirements, inspection requirements and violations.
Spectrum: Moderate Partisan Bill (Democrat 23-7)
Status: (Introduced - Dead) 2014-06-17 - held for consideration in ways and means [A02193 Detail]
Download: New_York-2013-A02193-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2193--D 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. PAULIN, ROSENTHAL, MILLMAN, ROBINSON, SCHIMEL, JAFFEE, HOOPER, PERRY, OTIS, GRAF, ROBERTS -- Multi-Sponsored by -- M. of A. BUCHWALD, CLARK, COOK, CROUCH, ENGLEBRIGHT, FAHY, FITZPATRICK, GOTTFRIED, GUNTHER, LUPARDO, MARKEY, McDONOUGH, RAIA, ROSA, SCARBOR- OUGH, WEISENBERG -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said commit- tee with amendments, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Health in accord- ance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to the permitting requirements for children's camps; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 1391 of the public health law, as added by chapter 2 515 of the laws of 2000, is amended to read as follows: 3 S 1391. Declaration of public policy. It is the declared policy of the 4 state of New York to protect the health, safety and welfare of children 5 attending what are commonly called children's overnight, summer day, 6 [and] traveling summer day, AND SINGLE-PURPOSE DAY camps. 7 S 2. The opening paragraph of subdivision 2 of section 1392 of the 8 public health law is designated paragraph a and a new paragraph b is 9 added to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04908-14-4 A. 2193--D 2 1 B. "SINGLE-PURPOSE DAY CAMP" SHALL MEAN A PROPERTY CONSISTING OF A 2 TRACT OF LAND AND ANY TENTS, VEHICLES, BUILDINGS OR OTHER STRUCTURES 3 THAT MAY BE PERTINENT TO ITS USE, ANY PART OF WHICH MAY BE OCCUPIED ON A 4 SCHEDULED BASIS AT ANY TIME BETWEEN JUNE FIRST AND SEPTEMBER FIFTEENTH 5 IN ANY YEAR BY CHILDREN UNDER SIXTEEN YEARS OF AGE UNDER GENERAL SUPER- 6 VISION, FOR THE PURPOSE OF A SINGLE INDOOR OR OUTDOOR ORGANIZED GROUP 7 ACTIVITY OR A SERIES OF SINGLE INDOOR OR OUTDOOR ORGANIZED GROUP ACTIV- 8 ITIES, INVOLVING A NONPASSIVE RECREATIONAL ACTIVITY WITH SIGNIFICANT 9 RISK OF INJURY, AS SUCH ACTIVITIES ARE DEFINED BY THE DEPARTMENT IN 10 RULES AND REGULATIONS, FOR A PERIOD OF LESS THAN TWENTY-FOUR HOURS ON 11 ANY DAY, OPERATING FOR A TOTAL OF TWENTY OR MORE DAYS WHEN THE PROPERTY 12 IS SO OCCUPIED, AND ON WHICH NO PROVISIONS ARE MADE FOR OVERNIGHT OCCU- 13 PANCY BY SUCH CHILDREN. THE COMMISSIONER SHALL HAVE THE POWER TO EXCEPT 14 BY RULE FROM THIS ARTICLE AND THE SANITARY CODE A PLACE, FACILITY OR 15 ACTIVITY THAT IS NOT WITHIN THE INTENT OF THIS DEFINITION. 16 S 3. Section 1392-a of the public health law is REPEALED. 17 S 4. Section 1393 of the public health law, as added by chapter 515 of 18 the laws of 2000, subdivision 4 as amended by chapter 439 of the laws of 19 2009, is amended to read as follows: 20 S 1393. Permit requirements. 1. No person, firm, corporation, or asso- 21 ciation shall operate a children's overnight, summer day, [or] traveling 22 summer day, OR SINGLE-PURPOSE DAY camp without first obtaining a permit 23 from an officer. 24 2. An officer shall issue a permit if, after inspection, the chil- 25 dren's overnight, summer day, [or] traveling summer day, OR SINGLE-PUR- 26 POSE DAY camp is in compliance with this chapter and the sanitary code. 27 All permits shall expire one year from the date of issuance of such 28 permit or upon such earlier date as specified by such officer which date 29 shall in no event be earlier than the latest date that such camps may 30 remain open pursuant to regulations prescribed by the commissioner. 31 Nothing in this section shall be construed to limit the responsibilities 32 and duties of compliance arising out of any other provision of law. 33 3. Notwithstanding any other provision of law, an officer in issuing a 34 permit may waive any requirement of the sanitary code setting a minimum 35 standard of floor space per camper in a camp's sleeping quarters. Such a 36 waiver may be granted upon written application therefor, and shall be 37 accompanied by a statement by the officer of the specific terms and 38 conditions under which the waiver shall have been granted. Such waivers 39 may be granted only to camps constructed prior to January first, nine- 40 teen hundred seventy-five. An officer shall grant such waiver where the 41 application therefor is accompanied by a written certification by the 42 local health officer of its need or desirability to avoid an immediate 43 undue hardship upon the operator which may result in the closing of the 44 children's overnight camp to prospective campers, and a statement by the 45 local health officer that the granting of a waiver shall not present a 46 hazard to public health and safety. All such waivers shall expire on 47 December thirty-first of the year in which they are granted, but may be 48 renewed for good and sufficient reason. 49 4. The fee for a permit [shall be two hundred dollars, except that no 50 fee shall be charged in the case of a children's overnight, summer day 51 or traveling summer day camp operated by a person, firm, corporation or 52 association for charitable, philanthropic or religious purposes] FOR A 53 FOR-PROFIT CHILDREN'S OVERNIGHT, SUMMER DAY, TRAVELING SUMMER DAY OR 54 SINGLE-PURPOSE DAY CAMP SHALL BE AS FOLLOWS: CAMPS WITH A MAXIMUM CAPAC- 55 ITY OF TWO HUNDRED CHILDREN DURING A SINGLE SESSION SHALL BE THREE 56 HUNDRED DOLLARS, CAMPS WITH A MAXIMUM CAPACITY OF THREE HUNDRED CHILDREN A. 2193--D 3 1 DURING A SINGLE SESSION SHALL BE FIVE HUNDRED DOLLARS, CAMPS WITH A 2 MAXIMUM CAPACITY OF FIVE HUNDRED CHILDREN DURING A SINGLE SESSION SHALL 3 BE SEVEN HUNDRED DOLLARS, AND CAMPS WITH A MAXIMUM CAPACITY EXCEEDING 4 FIVE HUNDRED CHILDREN DURING A SINGLE SESSION SHALL BE ONE THOUSAND 5 DOLLARS. NO FEE SHALL BE CHARGED TO A CHILDREN'S OVERNIGHT, SUMMER DAY, 6 TRAVELING SUMMER DAY, OR SINGLE-PURPOSE DAY CAMP, OPERATED BY A MUNICI- 7 PALITY OR A PERSON, FIRM, CORPORATION OR ASSOCIATION FOR CHARITABLE, 8 PHILANTHROPIC OR RELIGIOUS PURPOSES. THE FEES SET FORTH IN THIS SUBDI- 9 VISION SHALL EXCLUSIVELY GOVERN ALL CHILDREN'S OVERNIGHT, SUMMER DAY, 10 TRAVELING SUMMER DAY, AND SINGLE-PURPOSE DAY CAMP NOTWITHSTANDING THE 11 PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, AND SHALL PREEMPT ANY LOCAL 12 LAW OR REGULATION REQUIRING THE PAYMENT OF ANY ADDITIONAL FEE TO 13 INSPECT, PERMIT, OR OPERATE ALL OR ANY PART OF A CHILDREN'S OVERNIGHT, 14 SUMMER DAY, TRAVELING SUMMER DAY OR SINGLE-PURPOSE DAY CAMP EXCEPT AS 15 EXPRESSLY SET FORTH IN THIS SECTION. 16 5. Any enrollment application forms and/or enrollment contract forms 17 mailed or delivered to a person for purposes of enrollment of a child 18 for any children's overnight, summer day, [or] traveling summer day, OR 19 SINGLE-PURPOSE DAY camp shall contain or be accompanied by a written 20 statement which declares: 21 (a) that such camp is required to be licensed by the [New York state] 22 department [of health]; 23 (b) that [such camp is required to be inspected twice yearly] CHIL- 24 DREN'S OVERNIGHT, SUMMER DAY, TRAVELING SUMMER DAY OR SINGLE-PURPOSE DAY 25 CAMPS ARE REQUIRED TO BE INSPECTED BY THE DEPARTMENT IN ACCORDANCE WITH 26 SECTION THIRTEEN HUNDRED NINETY-THREE-A OF THIS ARTICLE; [and] 27 (c) the address where inspection reports concerning such camp are 28 filed[.]; AND 29 (D) THAT SUCH CAMP IS REQUIRED TO PURCHASE LIABILITY INSURANCE. 30 S 5. The public health law is amended by adding a new section 1393-a 31 to read as follows: 32 S 1393-A. INSPECTION REQUIREMENTS. 1. CHILDREN'S OVERNIGHT CAMPS ARE 33 REQUIRED TO BE INSPECTED TWICE YEARLY. CHILDREN'S SUMMER DAY CAMPS AND 34 TRAVELING SUMMER DAY CAMPS ARE REQUIRED TO BE INSPECTED ONCE PER YEAR. 35 CHILDREN'S SINGLE-PURPOSE DAY CAMPS ARE REQUIRED TO BE INSPECTED AT 36 LEAST ONCE PER YEAR. 37 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY 38 WAIVE ONE ANNUAL INSPECTION FOR ANY CHILDREN'S OVERNIGHT, SUMMER DAY, OR 39 TRAVELING SUMMER DAY CAMP. IN CONTEMPLATION OF SUCH WAIVER, THE DEPART- 40 MENT SHOULD GIVE PRIORITY TO CAMPS THAT ARE ACCREDITED BY AN ORGANIZA- 41 TION THAT THE DEPARTMENT DEEMS ACCEPTABLE, CAMPS THAT HAVE NO RECORD OF 42 OUTBREAKS, INCIDENTS OR SAFETY PROBLEMS, CAMPS THAT HAVE BEEN RESPONSIVE 43 TO THE DEPARTMENT'S REQUESTS, CAMPS WITH EXPERIENCED LEADERSHIP STAFF, 44 SMALLER CAMPS, AND CAMPS THAT OFFER MORE LOW-RISK ACTIVITIES. 45 S 6. Subdivisions 1, 3 and 4 of section 1394 of the public health law, 46 subdivision 1 as added by chapter 515 of the laws of 2000, subdivision 3 47 as added by chapter 214 of the laws of 2012 and subdivision 4 as added 48 by chapter 242 of the laws of 2013, are amended to read as follows: 49 1. The public health council shall prescribe standards and establish 50 regulations for children's overnight, summer day [and], traveling summer 51 day, AND SINGLE-PURPOSE DAY camps, as defined in this article, concern- 52 ing such matters as may be appropriate for the protection and security 53 of the life, health and safety of the occupants of such camps. 54 3. Any person, firm, corporation, or association that operates a chil- 55 dren's overnight, summer day, [or] traveling summer day, OR SINGLE-PUR- 56 POSE DAY camp, and has obtained a permit pursuant to section thirteen A. 2193--D 4 1 hundred ninety-three of this article, shall be authorized to employ or 2 contract with a physician, nurse practitioner, physician assistant, 3 registered nurse, or licensed practical nurse or emergency medical tech- 4 nician to act as a designated camp health director or to provide health 5 services in assistance to the camp health director pursuant to applica- 6 ble regulations promulgated by the commissioner. 7 4. Each children's overnight camp, summer day camp, SINGLE-PURPOSE DAY 8 CAMP and travelling summer day camp shall allow children attending such 9 camp to carry and use topical sunscreen products approved by the federal 10 Food and Drug Administration for over-the-counter use for the purpose of 11 avoiding overexposure to the sun and not for medical treatment of an 12 injury or illness, with the written permission of the parent or guardian 13 of the child. A record of such permission shall be maintained by the 14 camp. A child who is unable to physically apply sunscreen may be 15 assisted by unlicensed personnel when directed to do so by the child, if 16 permitted by a parent or guardian and authorized by the camp. 17 S 7. Section 1394-a of the public health law, as amended by chapter 18 428 of the laws of 2008, is amended to read as follows: 19 S 1394-a. Requirement to check sex offender registry. Every person, 20 firm, limited liability company, association and corporation which oper- 21 ates a CHILDREN'S OVERNIGHT, summer day, TRAVELING SUMMER DAY, OR 22 SINGLE-PURPOSE DAY camp shall be required, to ascertain whether an 23 employee or volunteer is listed on the state sex offender registry 24 pursuant to article six-C of the correction law prior to the day such 25 employee or volunteer commences work at said camp and annually thereaft- 26 er prior to their arrival at said camp. 27 S 8. Section 1394-b of the public health law is REPEALED. 28 S 9. Section 1395 of the public health law, as added by chapter 515 of 29 the laws of 2000, is amended to read as follows: 30 S 1395. Violations; temporary restraining order. 1. A violation of 31 this chapter or of the sanitary code in the operation of a children's 32 overnight, summer day, [or] traveling summer day, OR SINGLE-PURPOSE DAY 33 camp shall constitute a public nuisance which may be enjoined or 34 restrained. 35 2. When an officer has cause to believe that there has been a 36 violation of this chapter or the sanitary code in the operation of a 37 children's overnight, summer day, [or] traveling summer day, OR SINGLE- 38 PURPOSE DAY camp which does not constitute a public health hazard as 39 defined by the sanitary code, and that such violation has continued for 40 more than three days after notice of the violation and demand for 41 discontinuance and abatement thereof has been served in writing on the 42 children's overnight, summer day, [or] traveling summer day, OR SINGLE- 43 PURPOSE DAY camp operator in the manner prescribed for the service of 44 summons set forth in the civil practice law and rules, an officer may: 45 (a) Conduct a hearing upon at least three days notice served on the 46 camp operator in the manner prescribed for the service of summons as set 47 forth in the civil practice law and rules, and 48 (b) Make a determination after such hearing with respect to the 49 alleged violation or violations and have the power to assess a fine on 50 the children's overnight, summer day, [or] traveling summer day, OR 51 SINGLE-PURPOSE DAY camp operator not to exceed two hundred fifty dollars 52 for each violation for each day succeeding the third day after the 53 notice of violation and demand for discontinuance and abatement thereof 54 has been given, and 55 (c) With respect to the hearing set forth herein the officer in 56 accordance with the civil practice law and rules may: issue subpoena, A. 2193--D 5 1 compel the attendance of witnesses, and administer oaths to witnesses, 2 and 3 (d) Make an ex parte application to the supreme court of the state of 4 New York for a temporary restraining order which the court may grant 5 when it determines that there is a violation which requires immediate 6 relief. 7 3. When an officer has cause to believe that there has been a 8 violation of this chapter or the sanitary code in the operation of A 9 children's overnight, summer day, [or] traveling summer day, OR SINGLE- 10 PURPOSE DAY camp which constitutes a public health hazard as defined by 11 the sanitary code, and after notice of the violation has been served in 12 writing on the children's overnight, summer day, [or] traveling summer 13 day, OR SINGLE-PURPOSE DAY camp operator in the manner prescribed for 14 the service of summons set forth in the civil practice law and rules, an 15 officer may: 16 (a) Conduct a hearing upon at least fifteen days notice in accordance 17 with the provisions of section twelve-a of this chapter served on the 18 camp operator in the manner prescribed for the service of summons as set 19 forth in the civil practice law and rules, and 20 (b) Make a determination after such hearing with respect to the 21 alleged violation or violations and have the power to assess a fine on 22 the children's overnight, summer day, [or] traveling summer day, OR 23 SINGLE-PURPOSE DAY camp operator in accordance with the provisions of 24 section twelve of this chapter for each violation, and 25 (c) With respect to the hearing set forth herein the officer in 26 accordance with the civil practice law and rules may: issue A subpoena, 27 compel the attendance of witnesses, and administer oaths to witnesses, 28 and 29 (d) Make an ex parte application to the supreme court of the state of 30 New York for a temporary restraining order which the court may grant 31 when it determines that there is a violation which requires immediate 32 relief. 33 4. The officer may appoint one or more hearing officers as shall be 34 necessary to do or perform in his place or stead the acts authorized by 35 paragraphs (a) and (c) of subdivision two of this section. The hearing 36 officer shall make findings of fact and submit recommendations to the 37 officer. 38 5. An officer may institute proceedings to enjoin the continuance of 39 such violation or the continued operation of such camp. No bond or 40 undertaking shall be required of such officer in such proceedings and no 41 application to vacate or modify any judgment obtained shall be enter- 42 tained by any court without proof to such court that ten days notice of 43 such application, and copies of the papers upon which the application is 44 to be made, have been served upon such officer. 45 6. Nothing contained in this section shall be construed to limit the 46 duty or power of an officer to act with regard to an immediate threat to 47 the health of the occupants of a children's overnight, summer day, [or] 48 traveling summer day, OR SINGLE-PURPOSE DAY camp or the community in 49 which it is located, or to alter or abridge any of the duties and powers 50 now or hereafter existing in the commissioner, state district health 51 officers, county boards of health, county commissioners of health or 52 local boards of health. 53 7. Nothing contained in this section shall be construed to limit or 54 preclude the officer from enforcing or pursuing any remedies or penal- 55 ties available under this chapter or THE sanitary code with respect to 56 violations which constitute a public health hazard as defined by the A. 2193--D 6 1 sanitary code, in the operation of the children's overnight, summer day, 2 [or] traveling summer day, OR SINGLE-PURPOSE DAY camp, including, but 3 not limited to, those remedies or penalties available under sections 4 twelve, sixteen, two hundred six, two hundred twenty-nine, three hundred 5 nine, and three hundred forty-eight of this chapter. 6 S 10. This act shall take effect 1 year after it shall have become a 7 law.