S. 912 2
S 3. Section 1392-a of the public health law is REPEALED.
S 4. Section 1393 of the public health law, as added by chapter 515 of
the laws of 2000, subdivision 4 as amended by chapter 439 of the laws of
2009, is amended to read as follows:
S 1393. Permit requirements. 1. No person, firm, corporation, or asso-
ciation shall operate a children's overnight, summer day, [or] traveling
summer day, OR SINGLE-PURPOSE DAY camp without first obtaining a permit
from an officer.
2. An officer shall issue a permit if, after inspection, the chil-
dren's overnight, summer day, [or] traveling summer day, OR SINGLE-PUR-
POSE 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, nine-
teen 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] FOR A
FOR-PROFIT CHILDREN'S OVERNIGHT, SUMMER DAY, TRAVELING SUMMER DAY OR
SINGLE-PURPOSE DAY CAMP SHALL BE AS FOLLOWS: CAMPS WITH A MAXIMUM CAPAC-
ITY OF TWO HUNDRED CHILDREN DURING A SINGLE SESSION SHALL BE THREE
HUNDRED DOLLARS, CAMPS WITH A MAXIMUM CAPACITY OF THREE HUNDRED CHILDREN
DURING A SINGLE SESSION SHALL BE FIVE HUNDRED DOLLARS, CAMPS WITH A
MAXIMUM CAPACITY OF FIVE HUNDRED CHILDREN DURING A SINGLE SESSION SHALL
BE SEVEN HUNDRED DOLLARS, AND CAMPS WITH A MAXIMUM CAPACITY EXCEEDING
FIVE HUNDRED CHILDREN DURING A SINGLE SESSION SHALL BE ONE THOUSAND
DOLLARS. NO FEE SHALL BE CHARGED TO A CHILDREN'S OVERNIGHT, SUMMER DAY,
TRAVELING SUMMER DAY, OR SINGLE-PURPOSE DAY CAMP, OPERATED BY A MUNICI-
PALITY OR A PERSON, FIRM, CORPORATION OR ASSOCIATION FOR CHARITABLE,
PHILANTHROPIC OR RELIGIOUS PURPOSES. THE FEES SET FORTH IN THIS SUBDI-
VISION SHALL EXCLUSIVELY GOVERN ALL CHILDREN'S OVERNIGHT, SUMMER DAY,
TRAVELING SUMMER DAY, AND SINGLE-PURPOSE DAY CAMP NOTWITHSTANDING THE
PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, AND SHALL PREEMPT ANY LOCAL
LAW OR REGULATION REQUIRING THE PAYMENT OF ANY ADDITIONAL FEE TO
INSPECT, PERMIT, OR OPERATE ALL OR ANY PART OF A CHILDREN'S OVERNIGHT,
SUMMER DAY, TRAVELING SUMMER DAY OR SINGLE-PURPOSE DAY CAMP EXCEPT AS
EXPRESSLY SET FORTH IN THIS SECTION.
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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, OR
SINGLE-PURPOSE 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] CHIL-
DREN'S OVERNIGHT, SUMMER DAY, TRAVELING SUMMER DAY OR SINGLE-PURPOSE DAY
CAMPS ARE REQUIRED TO BE INSPECTED BY THE DEPARTMENT IN ACCORDANCE WITH
SECTION THIRTEEN HUNDRED NINETY-THREE-A OF THIS ARTICLE; [and]
(c) the address where inspection reports concerning such camp are
filed[.]; AND
(D) THAT SUCH CAMP IS REQUIRED TO PURCHASE LIABILITY INSURANCE.
S 5. The public health law is amended by adding a new section 1393-a
to read as follows:
S 1393-A. INSPECTION REQUIREMENTS. 1. CHILDREN'S OVERNIGHT CAMPS ARE
REQUIRED TO BE INSPECTED TWICE YEARLY. CHILDREN'S SUMMER DAY CAMPS AND
TRAVELING SUMMER DAY CAMPS ARE REQUIRED TO BE INSPECTED ONCE PER YEAR.
CHILDREN'S SINGLE-PURPOSE DAY CAMPS ARE REQUIRED TO BE INSPECTED AT
LEAST ONCE PER YEAR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY
WAIVE ONE ANNUAL INSPECTION FOR ANY CHILDREN'S OVERNIGHT, SUMMER DAY, OR
TRAVELING SUMMER DAY CAMP. IN CONTEMPLATION OF SUCH WAIVER, THE DEPART-
MENT SHOULD GIVE PRIORITY TO CAMPS THAT ARE ACCREDITED BY AN ORGANIZA-
TION THAT THE DEPARTMENT DEEMS ACCEPTABLE, CAMPS THAT HAVE NO RECORD OF
OUTBREAKS, INCIDENTS OR SAFETY PROBLEMS, CAMPS THAT HAVE BEEN RESPONSIVE
TO THE DEPARTMENT'S REQUESTS, CAMPS WITH EXPERIENCED LEADERSHIP STAFF,
SMALLER CAMPS, AND CAMPS THAT OFFER MORE LOW-RISK ACTIVITIES.
S 6. Subdivisions 1, 3 and 4 of section 1394 of the public health law,
subdivision 1 as added by chapter 515 of the laws of 2000, subdivision 3
as added by chapter 214 of the laws of 2012 and subdivision 4 as added
by chapter 242 of the laws of 2013, are amended to read as follows:
1. The public health council shall prescribe standards and establish
regulations for children's overnight, summer day [and], traveling summer
day, AND SINGLE-PURPOSE DAY camps, as defined in this article, concern-
ing such matters as may be appropriate for the protection and security
of the life, health and safety of the occupants of such camps.
3. Any person, firm, corporation, or association that operates a chil-
dren's overnight, summer day, [or] traveling summer day, OR SINGLE-PUR-
POSE DAY camp, and has obtained a permit pursuant to section thirteen
hundred ninety-three of this article, shall be authorized to employ or
contract with a physician, nurse practitioner, physician assistant,
registered nurse, or licensed practical nurse or emergency medical tech-
nician to act as a designated camp health director or to provide health
services in assistance to the camp health director pursuant to applica-
ble regulations promulgated by the commissioner.
4. Each children's overnight camp, summer day camp, SINGLE-PURPOSE DAY
CAMP and travelling summer day camp shall allow children attending such
camp to carry and use topical sunscreen products approved by the federal
Food and Drug Administration for over-the-counter use for the purpose of
avoiding overexposure to the sun and not for medical treatment of an
injury or illness, with the written permission of the parent or guardian
of the child. A record of such permission shall be maintained by the
camp. A child who is unable to physically apply sunscreen may be
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assisted by unlicensed personnel when directed to do so by the child, if
permitted by a parent or guardian and authorized by the camp.
S 7. Section 1394-a of the public health law, as amended by chapter
428 of the laws of 2008, is amended to read as follows:
S 1394-a. Requirement to check sex offender registry. Every person,
firm, limited liability company, association and corporation which oper-
ates a CHILDREN'S OVERNIGHT, summer day, TRAVELING SUMMER DAY, OR
SINGLE-PURPOSE DAY camp shall be required, to ascertain whether an
employee or volunteer is listed on the state sex offender registry
pursuant to article six-C of the correction law prior to the day such
employee or volunteer commences work at said camp and annually thereaft-
er prior to their arrival at said camp.
S 8. Section 1394-b of the public health law is REPEALED.
S 9. Section 1395 of the public health law, as added by chapter 515 of
the laws of 2000, is amended to read as follows:
S 1395. Violations; temporary restraining order. 1. A violation of
this chapter or of the sanitary code in the operation of a children's
overnight, summer day, [or] traveling summer day, OR SINGLE-PURPOSE DAY
camp shall constitute a public nuisance which may be enjoined or
restrained.
2. When an officer has cause to believe that there has been a
violation of this chapter or the sanitary code in the operation of a
children's overnight, summer day, [or] traveling summer day, OR SINGLE-
PURPOSE DAY camp which does not constitute a public health hazard as
defined by the sanitary code, and that such violation has continued for
more than three days after notice of the violation and demand for
discontinuance and abatement thereof has been served in writing on the
children's overnight, summer day, [or] traveling summer day, OR SINGLE-
PURPOSE DAY camp operator in the manner prescribed for the service of
summons set forth in the civil practice law and rules, an officer may:
(a) Conduct a hearing upon at least three days notice served on the
camp operator in the manner prescribed for the service of summons as set
forth in the civil practice law and rules, and
(b) Make a determination after such hearing with respect to the
alleged violation or violations and have the power to assess a fine on
the children's overnight, summer day, [or] traveling summer day, OR
SINGLE-PURPOSE DAY camp operator not to exceed two hundred fifty dollars
for each violation for each day succeeding the third day after the
notice of violation and demand for discontinuance and abatement thereof
has been given, and
(c) With respect to the hearing set forth herein the officer in
accordance with the civil practice law and rules may: issue subpoena,
compel the attendance of witnesses, and administer oaths to witnesses,
and
(d) Make an ex parte application to the supreme court of the state of
New York for a temporary restraining order which the court may grant
when it determines that there is a violation which requires immediate
relief.
3. When an officer has cause to believe that there has been a
violation of this chapter or the sanitary code in the operation of A
children's overnight, summer day, [or] traveling summer day, OR SINGLE-
PURPOSE DAY camp which constitutes a public health hazard as defined by
the sanitary code, and after notice of the violation has been served in
writing on the children's overnight, summer day, [or] traveling summer
day, OR SINGLE-PURPOSE DAY camp operator in the manner prescribed for
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the service of summons set forth in the civil practice law and rules, an
officer may:
(a) Conduct a hearing upon at least fifteen days notice in accordance
with the provisions of section twelve-a of this chapter served on the
camp operator in the manner prescribed for the service of summons as set
forth in the civil practice law and rules, and
(b) Make a determination after such hearing with respect to the
alleged violation or violations and have the power to assess a fine on
the children's overnight, summer day, [or] traveling summer day, OR
SINGLE-PURPOSE DAY camp operator in accordance with the provisions of
section twelve of this chapter for each violation, and
(c) With respect to the hearing set forth herein the officer in
accordance with the civil practice law and rules may: issue A subpoena,
compel the attendance of witnesses, and administer oaths to witnesses,
and
(d) Make an ex parte application to the supreme court of the state of
New York for a temporary restraining order which the court may grant
when it determines that there is a violation which requires immediate
relief.
4. The officer may appoint one or more hearing officers as shall be
necessary to do or perform in his place or stead the acts authorized by
paragraphs (a) and (c) of subdivision two of this section. The hearing
officer shall make findings of fact and submit recommendations to the
officer.
5. An officer may institute proceedings to enjoin the continuance of
such violation or the continued operation of such camp. No bond or
undertaking shall be required of such officer in such proceedings and no
application to vacate or modify any judgment obtained shall be enter-
tained by any court without proof to such court that ten days notice of
such application, and copies of the papers upon which the application is
to be made, have been served upon such officer.
6. Nothing contained in this section shall be construed to limit the
duty or power of an officer to act with regard to an immediate threat to
the health of the occupants of a children's overnight, summer day, [or]
traveling summer day, OR SINGLE-PURPOSE DAY camp or the community in
which it is located, or to alter or abridge any of the duties and powers
now or hereafter existing in the commissioner, state district health
officers, county boards of health, county commissioners of health or
local boards of health.
7. Nothing contained in this section shall be construed to limit or
preclude the officer from enforcing or pursuing any remedies or penal-
ties available under this chapter or THE sanitary code with respect to
violations which constitute a public health hazard as defined by the
sanitary code, in the operation of the children's overnight, summer day,
[or] traveling summer day, OR SINGLE-PURPOSE DAY camp, including, but
not limited to, those remedies or penalties available under sections
twelve, sixteen, two hundred six, two hundred twenty-nine, three hundred
nine, and three hundred forty-eight of this chapter.
S 10. This act shall take effect 1 year after it shall have become a
law.