Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1341
Bathing places; safety requirements; ropes and life preservers
Public Health (PBH) CHAPTER 45, ARTICLE 13, TITLE 6
§ 1341. Bathing places; safety requirements; ropes and life
preservers. 1. (a) It shall be the duty of every person maintaining, as
owner or lessee, any bathing establishment of any kind along the
seashore of this state for the accommodation of persons for pay, to
provide, for the safety of such bathers, two lines of sound, serviceable
and strong manila or hemp rope, not less than one inch in diameter,
anchored at some point above high water, at the same distance apart as
the lines of bathing houses, or space fronting on such beach occupied by
him or them, is in width. From the two points at which such life-lines
are so anchored, such life-lines shall be made to extend as far into the
surf as bathing is ordinarily safe and free from danger of drowning to
persons not expert in swimming, and at such points of safety, such lines
shall be anchored and buoyed. From the two points of such lines so
extended, anchored and buoyed, a third rope shall be extended, of a
similar size, connecting the two extremities, and buoyed at such points
as to be principally above the surface of the water, thereby inclosing a
space within such lines and the beach within which bathing is believed
to be safe. In addition thereto, there shall be sufficient ropes of a
similar size as herein described, anchored from a point at high water
mark and buoyed or anchored at a parallel line or within the outer cross
rope, so as to have not more than a space of seventy-five feet from one
rope to another; and

(b) Every person maintaining any such bathing establishment shall
cause to be painted and posted in some prominent place upon the beach
near such bathing houses the following words: "Bathing beyond the lines
dangerous", and

(c) Such lines so placed, anchored and buoyed, and such notice so
posted, shall be so maintained and continued by every person maintaining
any such establishment, during the entire season of surf bathing.

2. (a) Every person maintaining any such bathing establishment shall
also keep and provide in connection therewith, for the facilitating of
the rescue of persons in danger of drowning, a surfboat or a personal
watercraft as defined in subdivision thirty of section two of the
navigation law and in compliance with the regulations of the
commissioner. A surfboat shall be not less than sixteen feet long, on
each side of which there shall be hanging ropes arranged so that persons
in the water can easily catch hold of same, or be supported thereby.
Such boats shall be equipped with two or more sets of oars and
life-lines and life-belts, and at least one ring buoy or life preserver,
with quarter-inch cotton line, not less than five hundred feet in
length, with suitable reel attached thereto. In addition thereto, there
shall be anchored on the shore, a suitable reel with a half-inch cotton
line not less than five hundred feet in length, with a life-belt
attached thereto, kept in good order and proper condition, so that it
can readily be used by those assisting in saving life.

(b) At all bathing establishments where there are equipments for two
hundred bathers or more, said surf or life-boat shall be stationed in
the water, opposite the lines, manned and in readiness for use, during
bathing hours.

3. Every person maintaining any such bathing establishment shall
employ or otherwise engage or provide the services of a bathing master
or life-guard at such bathing establishment, who shall be an expert
swimmer, and who shall be in constant and watchful attendance during
bathing hours.

4. The owner of a bathing establishment shall not be subject to the
provisions of this section when it is used, occupied or maintained by a
lessee for hire, but such lessee shall be deemed the keeper or
proprietor or person maintaining such bathing establishment.

5. Nothing in this section shall be construed in any way to affect any
bathing establishments, in any municipality, or any bathing
establishments or bathing beaches operated by a regional state park
commission, at which there is maintained at public expense a life-saving
guard.