§ 48.13 — Safety Standards for Activities

§ 48.13 Safety Standards for Activities.

(a) Swimming and aquatic activities. (1) Facilities and equipment. (i) Only swimming facilities operating pursuant to a permit issued by the Department or other local permit issuing official in accordance with 24 RCNY Health Code Article 165 and Article 167 or Subpart 6 of the New York State Sanitary Code, or other local law, and identified in the camp's written safety plan shall be used by children's camps. (ii) All swimming areas shall be maintained in a sanitary and hazard free condition. (iii) Any known hazards which cannot be removed shall be conspicuously marked and cordoned off. (iv) Entrances and exits at the camp's permanent swimming areas shall be monitored; lifeguard station(s) shall provide unobstructed views of swimming areas, and lifesaving equipment shall be provided in accordance with this Code and the State Sanitary Code, 10 NYCRR Subpart 7-2. Swimming pools shall be protected by fences. Entrance gates shall be locked except when lifeguard(s) are on duty. (v) Swimming shall be prohibited at a distance of more than 150 feet from the shore at bathing beaches. (vi) Camper swimming shall be prohibited between sunset and sunrise at bathing beaches, wilderness areas, lakes and rivers. Lighting at indoor and nighttime swimming pool activities shall comply with the requirements of this Code and the State Sanitary Code and shall be sufficient to allow for all campers to be constantly observed and effectively supervised. (vii) All water craft shall comply with applicable United States Coast Guard, State and local standards. (viii) All motorized boats used at camp shall be registered with the New York State Department of Motor Vehicles, shall display registration numbers on their bows, and current registration and inspection certificates shall be available for examination by the Department. Procedures and conditions for the use of non-motorized boats shall be included in the camp's approved written safety plan. (ix) All piers, floats and platforms shall be in good repair and where used for diving the minimum water depth shall be indicated on the deck or planking and shall comply with all applicable requirements of this Code and Part 6 of the State Sanitary Code. (x) The minimum water depth for a one-meter diving board shall be ten (10) feet; 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 and shall comply with all applicable requirements of this Code and Part 6 of the State Sanitary Code. (2) Aquatic staff responsibilities. (i) All swimming activities at any facilities used by children's camps shall be directly supervised by the camp aquatics director. The aquatics director shall be present during all swimming and watercraft activities; shall establish and oversee all such activities at the children's camp waterfront or off-site, and shall supervise all staff and campers participating in these activities. (ii) The progressive swimming instructor, as defined in 24 RCNY Health Code § 48.09, shall assess the swimming ability of each camper prior to allowing the child to participate in aquatic activities. (iii) During all swimming activities, the camp aquatics director shall have in his or her possession, the approved written safety plan. The camp aquatics director shall maintain for each swimming session a "board" or other accountability system detailed in the written safety plan and approved by the Department for recording the name of each camper, the camper's swimming ability as determined by the progressive swimming instructor, the name of the camper's buddy with the same swimming ability, the swim area to which each camper is assigned and the time of each camper's entry to and exit from the swim area. (iv) At least one qualified lifeguard, as defined in New York State Sanitary Code [10 NYCRR] § 7-2.5(g), or successor regulation, shall be provided for every 25 campers and for every 3,400 square feet of pool surface area or 50 yards of shoreline at a bathing beach. Lifeguards shall actively supervise participants in the camp's aquatic activities, as detailed in the camp's approved written 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. (3) Camper safety. (i) The camp's permanent swimming areas shall be divided into non-swimmer and swimmer areas. Campers shall be confined to the area appropriate to their assessed swimming ability or an area requiring a lower level of swimming ability. (ii) 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 designated only for non-swimmers. (iii) Non-swimmers shall be restricted to water less than chest deep, except: (aa) during learn-to-swim programs; or (bb) when counselors directly supervise a maximum of three non-swimmers in shallow water in the non-swimmer area. (iv) A detailed buddy system and "buddy board" or other accountability system detailed in the written safety plan approved by the Department shall be established for supervising and checking campers, and shall include, but not be limited to: (aa) an accountability system which identifies each camper by name, the camper's swimming ability and the swimming area to which the camper is assigned; (bb) a record of the entry to and exit from the swim area for each camper; (cc) the assignment of each camper to a buddy who shall have the same level of swimming ability. If the camp cannot avoid pairing a non-swimmer with a swimmer, both shall remain in the non-swimmer area. Only one group of three swimmers shall be allowed in each swimming area. Buddies shall be instructed to notify the lifeguard when their partner is in distress or is missing; (dd) that buddy checks of the campers are made at least every 15 minutes and results recorded on the buddy board or in accordance with the accountability system detailed in the camp's written safety plan approved by the Department. (ee) When the camp aquatics director has determined that campers are unable to comprehend or implement the buddy system, another method which the Department has determined provides an equivalent level of camper safety, supervision and accountability may be substituted for the buddy system and board system and included in the camp's approved written safety plan. (v) Prior to each aquatic activity, the camp aquatics director shall meet with all counselors assigned to the activity and review their roles and duties at the area. The review shall include emergency procedures for "lost swimmers." (vi) The written "lost swimmer plan" included in the camp's written safety plan shall specify duties of all staff in case of aquatic activity emergencies. The plan's emergency procedures shall be posted in a conspicuous place within the camp's permanent swimming areas and shall detail the procedures to be followed whenever there is a "lost swimmer" and the specific responsibilities of all staff. The "lost swimmer plan" shall be utilized whenever a buddy check fails to account for all swimmers and whenever a swimmer is reported missing. (vii) Small craft carrying passengers shall never be towed behind power or sail boats, and no small craft shall be allowed in the swimming area unless operated by lifeguards on waterfront duty. (viii) All boat occupants in any craft shall always wear a Coast Guard approved life jacket or vest. (ix) A lifeguard shall be present in any watercraft having a capacity of eight or more persons whenever carrying non-swimmers unless such watercraft is a public vessel as defined in § 2(6)(a) of the New York State Navigation Law, or successor provision. (x) Watercraft or boats may be used only by persons having permission of the camp aquatics director or camp director. (xi) All persons shall wear Coast Guard approved life jackets or vests while waterskiing. Practices and equipment specified for use in waterskiing or other activities, including head protection for whitewater canoeing and personal flotation devices for specialty aquatic activities such as waterskiing, scuba diving or whitewater canoeing, shall be included in the camp's written safety plan. (xii) 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. (4) Off-site aquatic activities. In addition to all other requirements of this section, off-site aquatic activities shall be offered in accordance with the following: (i) The camp aquatics director shall be responsible for ensuring that all provisions of the camp's written safety plan pertaining to safety and supervision during aquatic activities are implemented at off-site swimming and aquatic activity facilities. (ii) When a camp uses any off-site facility for swimming, the camp operator shall supply one lifeguard for every 75 campers provided that the owner or operator of the off-site facility has stated, in writing, that the facility has the physical capacity to accommodate the campers; the off-site facility's lifeguard(s) will be present to guard the campers; the ratio of lifeguards to swimmers complies with the requirements of this Code and the State Sanitary Code, 10 NYCRR Subpart 7-2 so that there is one lifeguard for every 25 swimmers and each qualified lifeguard supervises no more than 3,400 square feet of pool surface and no more than 50 years of shoreline at bathing beaches. (iii) When using any other off-site swimming facility, the camp operator shall supply one qualified lifeguard for every 25 campers. Each such qualified lifeguard shall supervise no more than 3,400 square feet of pool surface and no more than 50 yards of shoreline at bathing beaches. However, when campers participate in aquatic theme park activities which allow only one or two patrons in the water at a time, and the water depth does not exceed chest deep for non-swimmers, a camp supplied lifeguard shall not be required. (iv) Prior to every trip to an off-site swimming facility not owned by the camp, the camp director shall obtain and maintain on file for each camper a written consent from a parent or guardian. The consent, in a form approved by the Department, shall be incorporated in the written safety plan and shall include the child's name and age, the destination and type of activities authorized during the field trip, and the date of the trip. (b) Riflery. No camp operated in the City of New York shall include riflery as a camp activity. (c) Archery. (1) The archery range shall not endanger any person or persons in other program activities and shall 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) A ready line shall be marked at least 15 feet behind the firing line. (3) The archery supervisor shall be responsible for maintaining all archery equipment in good condition and stored under lock and key when not in use. (4) No individually owned weapon, bows, or special equipment shall be brought to camp without the camp director's written permission. If any such article is permitted to be brought to camp, it shall be kept under lock and key and used only by the person who brought it to the facility in accordance with camp safety regulations. (5) An archery staff-camper ratio of one for every 10 campers on the firing line shall be maintained. (d) Horseback Riding. (1) A riding instructor shall determine the camper's riding experience and level of skill at the first day of riding, and take such experience and skill into account in assigning horses and deciding whether the camper shall ride in the ring or on the trail. (2) 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. (3) A riding instructor means a person who holds a certificate from a riding academy acceptable to the Department after completing a course in methods and techniques of riding and who has had two years experience in teaching children to ride. (4) At all times, campers shall wear protective headgear certified as meeting the American Society for Testing Standards (ASTS) standard ASTM F 1163, as specified in § 1265 of the New York State Vehicle and Traffic Law, or successor law or regulation. (5) Children shall wear shoes with heels, or closed stirrups shall be used. (e) Arts and Crafts. (1) All safety regulations peculiar to the needs of the arts and crafts programs should be well formulated and carefully enforced and supervised. (2) Equipment used for arts and crafts shall be in good repair, of safe design, and properly installed. (f) Sports. Sufficient facilities and equipment appropriate to each sport activity and designed to protect the participants in such activity, such as masks, guards for eye glasses, shin-guards, chest protectors and non-hazardous playing fields shall be available and supplied. (g) Outdoor Cooking Fire Safety. (1) Outdoor cooking shall be performed under the personal supervision of an adult counselor. (2) The counselor shall find a safe place where it will be easy to keep the fire under control. (3) The counselor shall demonstrate how to build a fire large enough to serve the need, but small enough for safety, and shall teach the campers how to control the fire, what steps shall be taken if the fire gets out of control and what steps shall be taken if anyone's clothing catches on fire. (4) The counselor shall insure that the fire is under control at all times, and shall never leave the fire unattended. (5) The counselor shall insure that the fire has been extinguished when no longer needed.