New York State Children's Day Camp Program Activities

Draft Fact Sheet - January 3,2011

In September of 2009, amendments to Public Health Law revised the summer children's

- day camp definition to include indoor or outdoor organized group activities, involving nonpassive recreational activities with significant risk of injury. The amendments will be effective April 1,2011 and nonpassive recreational activities with significant risk of

injury (NPRASRI) will be defined in the State Sanitary Code (SSC). '

As a result, a program no longer needs to be conducted primarily (50% or more) outdoors to be considered a camp and it will be necessary to evaluate the types of.activities ~. conducted during a children's summer program to determine if the program should be I regulated as a camp. A day program that otherwise qualifies as a camp and'has two or

. " I

more activities of which at least one is a NPRASRI must be regulated as a camp while a

program with no NPRASRI is not considered a day camp regardless of the rl'umber,of activities offered at the program. Single purpose activities such as h~arn-to-swim and

soccer programs continue to be exempt from regulation. 'r I

When determining if a program qualifies as a day camp, exclusions contained in Section 7-2.3 of the children's camp regulations continue to apply. Section 7-2.3 specifies that the regulation applies to a camp occupied by or maintained for occupancy by 10 or more children except: (Note: Bold underlined/text is/part of the proposed amendments to

Subpart 7-2) '\ / .' '__.. j /~ \ /

I f

(1) any place occupied by children under 18 years of age for overnight occupancy

of 72 consecutive hours or less; I _.

(2) day camps operating less than all or part of five days in any two-week period; (3) child care facilities licensed or registered by the New York State Department

I ,

of Family Assistance, Office of Children and-Family Services;

(4) activities at urisctieduled or drop-in neighborhood-center settings; single-purpose activity such as athl~~,..events, which are held for the sole 'purpose of tournament play or competition, and associated training practice,

, I

"Special Olympics," little league baseball, Pop Warner football; and,

recreational activity without a specified time period of attendance required; (5) college level ~ducationlal programs provided by schools that are accredited by the Regents of the University of the State of New York;

(6) school districts. Boards of Cooperative Educational Services (BOCES) or nonJ!Ublic schools providing instruction to satisfy. enrich. accelerate or improve skills in_ accordance with New York State education requirements;

(7) day programs conducted for the purpose of classroom educational instruction. including but not limited to traditional academic subjects, religious instruction. and computer training. that have non passive recreational activities with significant risk of iniury when such activities

1

are conducted as part of a one hour or less recess period constituting no more than one fifth ofthe program's daily operation. and which occur on a playground, in a gymnasium, or similar setting; and '

(8) any operation or use of a tract of land or property determined by the State Commissioner of Health as not being within the intent of or regulated by this Subpart.

NPRASRIs will be defined in Section 7-2.2(1) of Subpart 7-2 as follows:

Nonpassive recreational activities with significant risk ofiniury stlail irlclude swimming, boating, contact sports, horseback riding, bicycling{hikhh:, rock climbing. challenge/rope course activities, shooting sports and other activities determined by the State Commissioner of Health to be capable of causing traumatic brain injury, injury to the neck or spine, bone fractures of -dislocations, lacerations requiring treatment to close. second 0": third degree burns to 5% or more of the body. loss of vision. or death, based on' h'eight, speed, water depth, physical contact with another participant or object,

and/or use of equipment. /t I i

I

Additional examples of such activities include, but at;e~~~~ted to: J

• Archery . / .......... I '

I

• Arts and Crafts where campers use power.tools or equipment such as:;

~ Saws, Drills, Lathes, Planers, Nail Guns; Knives: or, Similar Equipment ~

~ Kilns - I

• Bicycling

,

• Boating - Canoeing, Kayaking, Rafting, Power, Sailing, Tubing

• Cooking which campers use knives, stoves, 6r similar ,equipment.

G' ~ / I /

• ymnastics 1 I· ,r i '!. I!--

• Hiking in an area which is not within S minutes from a public roadway, on uneven

terr~in that poses ~ subst~tial risk for tripping or 'falling or involves incidental

water immersion. r l I I, ____., I

• Horseback Riding

• Horseshoes

r

r

I

• Incidental Water Immersion - activities where a camper-enters a stream or other

, I

body of water. I _

I "

• Martial Arts

I

• Mountain Boarding

• MotorizedVehicles - ATVs, Jet Skis, Boats, Go-Carts, Motorcycles

• Organized Games! Activities: ~ - Capture the Flag

- ~ Crab Soccer ~ Dodgeball ~ Flag Tag

~ Flag Football ~ GaGa

)P> Kickball

)P> Nuk-em (Newcomb, Nucom, etc.) )p> Red Rover

);> Steal the Bacon );> Tag (all varieties) );> T etherball

);> Wiffleball

• Out-of-Camp Trips - Trips during which participants engage in activities that are NPRASRI. Trip activities that are not otherwise listed in this document as J'

NPRASI include: - / {/ I

)P> Amusement Parks Rides _ I I

)p> Aquatic Park Activities I f'" I I

• Paint Ball "War Games" ,I i ir"

l I r

I ...

• Playground Equipment

• Riflery

• Rock Climbing

• Rope and Challenge Courses

• Scuba Diving

• Skate Boarding

• Skating - roller, ice, in-line

• Slip-n-Slide

• Sports

)P> Baseball

)p> Basketball ( / /J

)p> Cheerleading , ". r

)p> Cricket //

; ~~~all I 1</; (

,. Gyrnnastics f

)p> Handball, j' i' / /1 ./ I

)p> Hockey (ice, floor, roller, or street) \ /

)p> Hurling l " /

"'- L ~./'

,. acrosse -

)p> Racquetball I II

)p> 'Rugby

)p> Soccer

)P>I Softball

)p> Squash!

)p> Tennis

.' '

)p> Track and Field

)p> Volleyball

)p> Water Polo

)p> Wrestling

• Surfing

• Swimming (Water Activities)

);> Floating Water Structures/Activities (Blob, Iceberg, Water Trampolines, etc.)

I '0

)11

j l

i ,

I

, I

I

1,

r 1 '

3

)0> Swimming and/or Diving (free, lap, or instructional swimming)

• Trampoline

• Water Skiing and other towing activities such as Tubing and Banana Boat Rides

• Wilderness Activities

Nonpassive recreational activities without significant risk of injury - The following nonpassive activities are generally considered to ill!! have a significant risk for injury; however, the injury risk can be increased based on variations to the activity:

• Arts and Crafts which do not require campers to use power tools, kilns or other

machinery such as: /I, /) I,

)0> Leatherwork I. :, ;J ; .

)0> Painting, Drawing, Gluing I! I /l

• Cooking which does not require campers to use knives, stoves, or similar . v !

equipment I! /

• Dancing! Acting. l/N r

• Hiking!Walking - Walks on establish paths in locations which.are wittii'~ 5/ minutes from a public roadway, on substantially level terrainthat Pose li'ttle or no tripping or falling hazards, and involve no incidental water $-.merSion'j! I

• Organized Games: . /1 . J

)0> 4-Square' ." . ! I I

~ ~~~~~e~all /J '/l '/ ;('" I I

: ~:~~e~~~e .~) (/;!. "~ 'I' 'I (v/)

)0> Hide-a-Seek \ I /,1/ v .. /1. Ii \_ ....... /

'" /' ----......" I I I / r' I

, "Horsr"'-- \ Ii'! . / :: I'

)0>,( Miniature Golf I i //(j/ j. I I j

.)Pj ¥onkey in theljMiddle f I .'J' V

~ ~elay Races I / !' j .'

~ ~unning Bases! I . _Ii .

)0> Sack Races I /1;1 ", / .

,~ Ship to Shore! I \~

;)0> !Spud !. J I

I I ,( I

!)o> ! Tug-O-War;,; I

• j 04t-of-Camp Trip~ - Trips (turing which participants engage in passive or

J nonpassive activities witho~t a significant risk for injury, Trip activities that are ! not otherwise' listed in this document as not being NPRASI or a passive activity

I include: / / '

, ). Art.Museum Viewing

)0> ,Eating,o'r Dining ,

V Viewing Plays, Ballets and Other Performances )0> /Shopping

/'

it 'Sports ~/.

)0> Bowling

4

Passive activities include an activity, which take place in a defined area, where participants are spectators or have limited mobility and use no tools or equipment (other than computers). Examples of passive activities include, but are not limited to:

• Board Games

• Classroom Instruction (Religious or Academic)

• Coloring

• Computer Use

• Singing

• Storytelling

• Viewing Movies or Drama

, J

-:

P:\Sections\Community Health\CAMPS\Code Changes'Draft Day Camps Activities - Fact Sheet 1-3-20 l l.doc I

1 ~/ I

r

I

/

1 I !

\

I

t

J

_/

I

,..;

, / f I

_/

/

5:

How to Obtain a Permit to Operate a Children's Camp in New York State

Page 1 of5

How to Obtain a Permit to Operate a Children's Camp in New York State

• How to Obtain a Permit to Operate a Children's Camp in New York State (PDF, 66KB, 2pg.)

This document outlines the steps to follow to receive a permit to operate a children's camp in New York State. Listed are minimal staff requirements, required forms and the written safety plan that must be completed. Additional information is provided in Subpart 7-2 of the State Sanitary Code (SSe) and Department of Health fact sheets. Local health department staff serving the county where your proposed children's camp is to be located are available to discuss and review these requirements with you.

An application for a permit to operate a children's camp and other required documents must be submitted to the permit-issuing official at your local health department at least 60 days before children and staff are to arrive. The local health department will review your submissions and, if complete, arrange a preseason inspection of the children's camp. If submissions are incomplete, items requiring additional information will be identified for correction and resubmission, which could delay proposed opening dates. The earlier the submission, the more timely the review.

The center of this brochure provides a consolidated reference to key staff poslttons at overnight and day camps. Requirements for camps hosting 20 percent or more campers with developmental disabilities are provided in Section 7-2.25 of the SSC. Staff requirements for archery, riflery and equestrian activities are provided In Section 7-2.11 of the SSe. Children's camp operators must ascertain whether prospective employees are listed on the New York State DivisiOn of Criminal Justice Services (DOS) Sex Offender Registry prior to hiring them.

Required
Certifications1
Required
Minimum Qualifications/Requirements
Ratio in
of Staff to Addition to Listed Overnight Day
Title Responsibilities Campers Certifications Camp Camp FA CPR LG PSI
ADMINISTRATIVE Or at least 25- Or at least 21-
• 1 Required • Bachelor'S Degree years-old. years-old.
CAMP DIRECTOR
• Supervises children'S • At least 24 weeks of Required Required
camp. administrative or supervising
experience in camping.
• Submit forms LDSS-3370 and
DOH-2271 for clearance.
HEALTH PERSONNEL Must be on-Site. Designee v v
• 1 Required • Physician*, nurse pracnnonere, Identified in
CAMP HEALTH DIREcrOR physician assistants, registered medical
nurses, licensed practical component of
• Supervises health nurses, emergency medical
and sanitation at technician or other person safety plan may
children's camp. acceptable to the permit"issuing be on-site for
• Maintains camper's offidal. the Camp
confidential medical Health Director.
history. (* To practice profession in New
• Oversees Initial York State (NYS), must be NYS
health screening of licensed.)
campers and daily
health surveillance of
camp occupants.
• Handles health
emergencies and
injuries, including
emergency
preparedness and
provisions for
professional health
care.
• Maintains camp's
daily medical log.
• Reports required
inddents to local
health department
within 24 hours.
Additional STAFF required 1 : 200 ratio in 1:200 ratio *
to possess FIRST AID • 1:200 addition to includes the
health director health director
• Identified in medical or on-site (when on-site)
component of plan as designee. or on-Site
designee. http://www.health.ny.gov/environmentaUoutdoorsicamps/camp_pennits.htm

4/12/2011

How to Obtain a Permit to Operate a Children's Camp in New York State

Page 20f5

assistant(s) to health
director.
STAFF required to *
possess CPR in addition • 1;200 • Note; On-site aquatic staff
to camp Health Director possessing appropriate CPR
or designee certification may be counted in
this ratio.
• Identified in medical
component of plan as
assistant(s) to health
director.
AQUATICS PERSONNEL * * OR *
• 1 Required • At least 21-years-old.
CAMP AQUATICS for on-Site • At least 3 seasons of waterfront
DIRECTOR bathing experience as lifeguard or
facilities. aquatics director.
• Establishes and
oversees all activities
in and on the water.
• Supervises all staff
and campers
pa rticipating in
swimming activities.
• Responds to bathing
facility emergencies.
• When certified as
Ufeguard, may serve
as UFEGUARO at
waterfront.
• When qualified to be
a ProgreSSive
Swimming
Instructor, may
assess swimming
ability.
PROGRESSIVE *
SWIMMING INSTRUCTOR • 1 Required
(PSI) for
swimming
• Assesses swimming ability
ability of campers. assessment
for on-site
• May teach and off-Site
swimming. bathing
• May beC8mp facilities.
Aquatics Director if
age, experience and
CPR certification
requirements are
met.
UFEGUARD * *
• 1;25 • Must be at least 17 -years-old for
• Actively guards Required at on-Site and camp trip swimming
bathers during on-site (20% of required total number
swimming activities. facilities of lifeguards on duty may be
• Responds to bathing and during 16). Must meet
facility emergencies. camp trip • Wilderness swimming lifeguards requirements of
• Implements/oversees swimming must be at least 18-years-old. Part 6 of the
when off-
buddy system and site fatility • Each guard shall not supervise State Sanitary
board system or does not more than 3400 square feet of Code
other approved provide pool area and no more than 50
bather accountability qualified yards of beach front.
system. lifeguards.
• 1;75
required
during
camp trip
swimming
when
facility
provides
qualified
Ufeguards.
COUNSELORS DURING On-Site I Off- See COUNSELORS for additional
SWIMMING Site requirements.
1:10/1:8 For campers 8- years-old or older. httpr//www.health.ny .gov /environmental/outdoorslcamps/carnp yerrnits_htm

4/12/2011

How to Obtain a Permit to Operate a Children's Camp in New York State

Page 3 of5

• Supervise assigned 1:8/1:8 For campers 6- and 7-years-old.
campers and be
located at poolside,
beachfront, or in the
water providing 1:6/1:6 For campers less than 6-years-old.
visual surveillance.
• Assist with buddy
system.
CAMP TRIPS • • •
• 1 Required • At least ts-vears-old.
TRIP LEADER to • Have partidpated in at least 3
accompany similar out-of-camp trips as
• Supervises campers, each trip. camp staff or have
staff. experience/training acceptable
• Must be competent in to the local Health Department.
trip activity for
wilderness,
equestrian,aquatic
and other activities
requiring special
skills.
COUNSELORS DURING Additional trip STAFF required for specialized See COUNSELORS for additional
CAMP TRIPS activities such as swimming, wilderness, equestrian requirements.
At least one counselor and boating.
must accompany the trip
leader on each trip. • 1:8 • For campers 6-years and older.
• Assist Trip Leader.
• Supervise campers. • 1:6 • For campers less than 6-years-
old.
MOTOR VEHICLE
TRANSPORTATION • At least 18-years-Old.
DRIVER • Possess current driver's license
appropriate for vehicle.
STAFF See COUNSELORS for additional
• 1:12 • May also be driver. requirements •
• Supervise campers.
ONSITE SUPERVISION • •
• 1 Required • Must be competent in activity.
ACTIVITY LEADER for each on • At least rs-veers-cic for hiking,
-slte camping, rock climbing,
activity. horseback riding bicycling,
swimming, or boating.
COUNSELORS At least one counselor must accompany the activity Camp operator must verify
leader when the activity occurs at a location where prospective counselor's
• Supervise campers. additional staff assistance is not readily available. background and character
Note: through inquiries, including
Specialized Activities character references.
• See Section 7-2.11 • 1:10 • At overnight camps, for campers • At least 18 • At least 16
of the sse. 8-years and older. -years of -vears-otd,
age (20% • Have
Passive Activities may be experience
• 1:8 • At overnight camps, for campers 17). in camping
• See Section 7-2.5(b) younger than 8-years-old. • Have and
(1) experience supervising
in camping children
Rest or Sleep Hours • 1:12 • At day camps, for at! campers. and OR
superviSing acceptable
• See Section 7-2.5(c) Additional STAFF required for specialized activities children training.
(1) OR
such as wilderness, equestrian, boating etc. acceptable
training
• 1:8 • For campers 6-years and older.
• 1:6 • For campers less than 6-years-
old.
COUNSELORS-IN- At least 16- At least 15-
TRAINING (CITs) • A • Are supervised as campers. years-old. years-old.
maximum • Have at least 2 seasons of prior
of 10% of camping experience. http://www.health.ny .gov/environmenta1/outdoors/camps/camp _permits_htm

4112/2011

How to Obtain a Permit to Operate a Children's Camp in New York State

Page 4 of5

• When a children's camp elects to use errs to assist counselors with supervision of campers.

the staff positions required to meet supervision ratios may be filled with errs.

• Must work with counselors; may not independently supervise

campers. .

1 = Obtain current NYSDOH FACf SHEETS from your local health department for acceptable First Aid, CPR and Aquatic Certifications. FA = FIRST AID

CPR = CARDIOPULMONARY RESUSCITATION LG = UFEGUARD

PSI = PROGRESSIVE SWIMMING INSTRUCfOR

., = Health director or designee as identified in medical component of safety plan. * = Required.

• = Activity Leader or designee must posses CPR and First Aid when other camp staff who are certified in first aid and CPR are not readily available.

= Trip Leader or designee must posses CPR and First Aid when a trip activity is higher risk, such as hiking, camping, rock climbing, horseback riding, bicycling, swimming or boating and/or when emergency medical response is not readily available. Two staff must posses CPR when swimming at wilderness sites .

• = Trip leader or designee must possess Lifeguard Certification when trip includes swimming.

-
Required Submissions Instructions
Application for a Permit to Operate Instructions (DOH-3915i) are available to assist in completion.
(DOH-3915)
Corporation Officers and Partners Complete only if children's camp Is operated or owned by private corporation(s) or partnership
(DOH-2135) (s).
Children's Camp Fee Determination Self explanatory.
Schedule
Plan Review Fee Determination Complete only for new building or bathing facility construction or major renovations.
Schedule (DOH-2249)
Children's Camp Facility and Staff Self explanatory.
Description (DOH-367) Important Information.
Children's Camp Additional Staff Complete only when directed to by the local health department.
Qualifications (DOH-367a)
Written Safety Plan A comprehensive written safety plan must be developed by the children's camp operator to
reflect how the camp will operate in compliance with Subpart 7-2, State Sanitary Code (SSC)
for Children's Camps. A guideline is available. The safety plan is to be used for staff and camper
training, general operation of the camp, emergency procedures, etc. The safety plan should
reflect the camp's poliCies and procedure for a safe operation.
Written Plan Checklist (DOH-2040) Use this form to assure completeness of the written safety plan.
State Central Register Database Camp director completes in accordance with supplied instructions. Return to local health
Check (LDSS-3370) and Prospective department.
Children's Camp Director Certified
Statement (DOH-2271) Additional information is available from your local health department and/or the NYS Department of Health website including:

• State Sanitary Code Regulations:

• Subpart 7-2, Children's Camps

• Subpart 14-1, Food Service Establishments ~ Subpart 6-1, Swimming Pools

.• Subpart 6-2, Bathing Beaches

~ Subpart 6-3, Recreational Aquatic Spray Grounds ~ Bat Rabies Information

• Brochure, Children's Camps in New York State

• Posters:

~ "Attention Pool Staff" (chemical handling) e- "Required Reporting" (Incident reporting)

• Fact Sheets:

• First Aid, CPR and Aquatic Certifications

• NYS Child Safety Act

~ Bunk Bed Guardrail Requirements

http://www.health.ny.gov/environmental/outdoorslcamps/camp_permits.htm

4/12/2011

How to Obtain a Permit to Operate a Children's Camp in New York State

Page 50f5

• Water Supply Start-Up Procedures

Please Note

Some documents on this page are saved in the Portable Document Format (PDF). If it's not already on your computer, you'll need to download the latest free version of Adobe Reader.

Questions or comments: bcsfp@health.state.ny.us Revised: January 2011

http://www.health.ny.gov/environmentaVoutdoorsicamps/camp_permits.htm

4/12/2011

STATE OF NEW YORK DEPARTMENT OF HEALTH

Watertown District Office

317 Washington Street Watertown, New York 13601 (315) 785-2277 Fax (315) 785-2600 www.health.ny.gov

Nirav Fl. Shah, M.D., M.P.H. James W. Clyne, Jr.

Commissioner Executive Deputy Commissioner

February 7, 2011

: I

Immaculate Heart Central Sjb. 1316 Ives Street Watertown, NY 13601

Dear Operator:

Effective April 1,2011, the definition of a summer children's day camp in the New York State Public. Health Law will change including two or more indoor or outdoor organized group activities one of which involves a non-passive recreational activity with significant risk of injury (NPRASRI). As a result, the types of activities conducted during a summer program wlll determine if the program quallfles as a summer daycamp. Programs that qualltyas acarnp, must obtain a permit to operate from this department and comply with the regulations contained in Subpart 7-2 of the State Sanitary Code,' The regulations are available at: www.nyhealth.gov/environmentaVoutdoors/camps.

We have enclosed the Fact Sheet for Children's Day Camp Program Activities and a Children's Summer Program Questionnaire. The fact sheet lists activities that are considered to be a NPRASRI and specifies exclusions that exempt 'certain children's programs from regulation as a day camp. To assist us with evaluating yourproqrarn to determine the applicability of the day camp requirements, we request that you complete the enclosed questionnaire and return. it to:

New York State Department of Health Watertow'n District Office

317 Washington Street

Watertown, NY 13601

Please return the completed questionnaire by February 28, 2011. Returning the survey early will 'help ensure you have sufficient time to prepare for the 2011 season jf your program meets the criteria of a children's day camp

If you have any questions regar-ding this matter, please contact Sheri Palmer at 315~ 785-2277 or slb07@health.state.ny.us. "fhank you for your cooperation. -

'Q_cerely, (\j

."" _tJ~

eri lirmer District Director

Attachments {2}

Children's Day Program Activity Fact Sheet Children's Summer Program Questionnaire

STATUS:

A6772-A Paulin (MS) Same as S 4944-A OPPENHEIMER Public Health Law

TITLE .... Broadens definition of summer day camp This bill is not active in the current session. 03/12/09 referred to health

04/16109 amend (t) and recommit to health 04116109 print nwnber 6772a

05112/09 reported referred to codes

06/02/09 reported referred to ways and means 06/15109 reported referred to rules

06115109 reported

06115109 rules report cal.279

06/15109 ordered to third reading rules cal.279 06115109 passed assembly

06116/09 delivered to senate

06/15109 REFERRED TO RULES

07116109 SUBSTITUTED FOR S4944A 07/16/09 3RD READING CAL.856

07/16/09 PASSED SENATE

07116109 RETURNED TO ASSEMBLY 09/04/09 delivered to governor

09116109 signed chap.439

VOTING:

07/16/09

A6772-A

Senate Vote

Aye: 57

Nay: 0

Floor Votes:
07116/09 A6772-A Senate Vote Aye: 57 Nay: 0
Aye Adams Aye Addabbo Aye Alesi Aye Aubertine
Aye Bonacic Aye Breslin Aye DeFrancisco Exc Diaz
Aye Dilan Aye Duane Aye Espada Aye Farley
Aye Flanagan Exc Foley Aye Fuschillo Aye Golden
Aye Griffo Aye Hannon A Hassell- Aye Huntley
yeThompson
Aye Johnson C Exc Johnson 0 Aye Klein Aye Krueger
Exc Kruger Aye Lanza Aye Larkin Aye LaValle
Aye Leibell Aye Libous Aye Little Aye Marcellino
Aye Maziarz Aye McDonald Aye Monserrate Aye Montgomery
Aye Morahan Aye Nozzolio Aye Onorato Aye Oppenheimer
AyePadavan Aye Parker Aye Perkins Aye Ranzenhofer
Aye Robach Aye Saland Aye Sampson Aye Savino Aye Schneiderman Aye Smith

Aye Stewart-Cousins Aye Winner

Aye Serrano Exc Squadron Aye Thompson Aye Young

Aye Seward Aye Stachowski Aye Valesky

Aye Skelos Aye Stavisky Aye Volker

SUMMARY:

PAULIN, LATIMER, CAHILL, GALEF, ROSENTHAL, JACOBS, PHEFFER, CARROZZA, COOK, JAFFEE, KAVANAGH, MAISEL, ESPAILLAT, SCHIMEL, BRODSKY; M-S:

Boyland, Gordon, Gunther, Lancman, Meng Arnd SS1392 & 1393, Pub Health L

Defines summer day camp as 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; increases certain fees relating thereto.

EFF. DATE 04/0112011

STATUS:

S4944-A OPPENHEIMER Same as A 6772-A Paulin (MS) Public Health Law

TITLE .... Broadens definition of summer day camp This bill is not active in the current session. 04/27/09 REFERRED TO HEALTH

05/19/09 AMEND (T) AND RECOMMIT TO HEALTH 05/19/09 PRINT NUMBER 4944A

06102/09 REPORTED AND COMMITTED TO FINANCE 06108/09 REPORTED AND COMMITTED TO RULES 07/15109 ORDERED TO THIRD READING CAL.856 07/16/09 SUBSTITUTED BY A6772A

A06772 Paulin (MS) 03/12/09 referred to health

04/16109 amend (t) and recommit to health 04/16109 print number 6772a

05112109 reported referred to codes

06102/09 reported referred to ways and means 06/15109 reported referred to rules

06115109 reported

06115/09 rules report ca1.279

06/15109 ordered to third reading rules cal.279 06/15109 passed assembly

06116109 delivered to senate

06/15/09 REFERRED TO RULES

07/16109 SUBSTITUTED FOR S4944A 07/16109 3RD READING CAL.856

07/16109 PASSED SENATE

07/16/09 RETURNED TO ASSEMBLY 09/04/09 delivered to governor

09/16/09 signed chap.439

SUMMARY:

OPPENHEIMER, DIAZ

Amd S1392 & 1393, Pub Health L

Defines swnmer day camp as 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; increases certain fees relating thereto.

BILL TEXT:

STATE OF NEW YORK

4944--A

2009-2010 Regular Sessions

IN SENATE

April 27, 2009

Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered

printed,

and when printed to be committed to the Committee on Health

commit-

tee discharged, bill amended, ordered reprinted as amended and

recom-

mitted to said committee

AN ACT to amend the public health law. in relation to the definition

of

summer day camp and fees relating thereto

Assem-

The People of the State of New York, represented in Senate and

bly, do enact as follows:

1 Section 1. Subdivision 2 of section 1392 of the public health law,

as

2 added by chapter 515 of the laws of 2000, is amended to read as follows:

3 2. "Summer day camp" shall mean a property consisting of a tract

of

4 land and any tents, vehicles, buildings or other structures that may

be

5 pertinent to its use, any part of which may be occupied on a scheduled

6 basis at any time between June first and September fifteenth in any

year

7 by children under sixteen years of age under general supervision,

8 [p~~l for the purpose of indoor or outdoor organized group activ-

9 ities, involving nonpassive recreational activities with significant

10 risk of injury, as such activities are defined by the department

in

11 rules and regulations, for a period of less than twenty-four hours

on

12 any day the property is so occupied, and on which no provisions are made

13 for overnight occupancy by such children. The commissioner shall have

14 the power to except by rule from this article and the sanitary code

a

15 place, facility or activity that is not within the intent of this defi-

16 nition.

17 added 18 19

§ 2. Subdivision 4 of section 1393 of the public health law, as

by chapter 515 of the laws of 2000, is amended to read as follows: 4. The fee for a permit shall be [~Rel ~ hundred dollars,

except

20 that no fee shall be charged in the case of a children's overnight,

21 summer day or traveling summer day camp operated by a person, firm,

22 corporation or association for charitable, philanthropic or religious

23 purposes.

24 § 3. This act shall take effect April 1, 2011.

brackets

EXPLANATION--Matter in italics (underscored) is new; matter in

[-] is old law to be omitted.

LB010224-

04-9

SPONSORS MEMO:

NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. Sec 1

BILL NUMBER: S4944A

SPONSOR: OPPENHEIMER

TITLE OF BILL:

An act to amend the public health law, in relation to the definition of summer day camp and fees relating thereto

PURPOSE OR GENERAL IDEA OF BILL~

The purpose of this bill is to amend the public health law to clarify the definition of summer day camps.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this act amends subdivision 2 of section 1392 of the public health -law, as added by chapter 515 of the laws of 2000, to define summer day camps to include indoor and outdoor programs involving nonpassive recreational activities with significant risk of injury, as such activities are defined by the health department in rules and regulations.

Section 2 amends subdivision 4 of section 1393 of the public health law, as added by chapter 515 of the laws of 2000, to increase the permit fee from one hundred to two hundred dollars.

Section 3 provides the effective date.

JUSTIFICATION;

Public health law currently excludes from regulation a summer day camp whose activities are primarily indoors. Camps have sought to avoid regulation by structuring their programming so that more than half of their activities are conducted indoors, regardless of the kind of activities. The potential life, health and safety hazards presented by camp activities where there is a significant risk of injury, however, are the same whether they are held indoors or outdoors. Those activities with a significant risk of injury should be subject to regulation by the health department and the camps offering such activities held to the law's safety and sanitary standards.

In 2007, the state health department conducted a survey of local health departments (LHDs). Of the 42 LHDs that responded, 23 reported that the existing law has created issues that included difficulty in evaluating programs based on the current definition in the law. LHDs reported that, Ln addition to camps that attempted to avoid regulation by conducting more than half of their activities indoors, certain camps wanted to be regulated in order to receive funding from state agencies. LHDs also reported a perception of inequity on the part of operators of camps that are subject to regulation whereas other camps offering similar programming but indoors were not subject to regulation. This legislation will not only provide needed clarity for both LHDs and camps, but also will better ensure the safety and welfare of the children attending camps where requiring the additional safeguards afforded by regulation is appropriate.

Current law also imposes an arbitrary ceiling of $100.00 on the fee for summer day camp permits. This ceiling has not changed for decades. This bill increases the fee to better reflect the costs associated with the vital permitting process.

PRIOR LEGISLATIVE HISTORYl

Similar to A.10996-A, 2008 referred to health. Same as S.8386-A, 2008 passed Senate.

FISCAL IMPLICATIONS:

Health departments will receive additional permit fees to offset the costs of inspections.

EFFECTIVE DATE:

This act shall take effect April 1, 2011.

Children's Summer

Program Questionnaire

Summer Day Camps for children under 16 years of age are required to obtain a permit to operate from the Department of Health and comply with Children's Camp regulations in Subpart 7-2 of the State Sanitary Code (available at www.nyhealth.gov), Please complete the following information to assist us with evaluating your program to determine if it should be regulated as a Children's Summer Day Camp. Return a completed questionnaire for each children's program your organization operates to:

New York State Department of Health Watertown. District Office

3 1 7 Washington Street

Watertown, NY 13601

O~aniz~ooName: ~

Program Name: _

Address: ___

Contact Person:

-----------------------~---------

Phone: Email: _

1. Do you operate a children's summer program between May 15 - September 15 for children under 16 years of age? Yes No

(If yes, please complete questions 2- 5, sign, and return questionnaire. If no, please sign the back and return questionnaire.)

2. How many children are expected to participate in the program each day? _

3. Indicate the operating dates and number of days each week operated.

Dates of Operation: --,,---_

Number of Days Each Week: _

4. Please check if any of the following apply to your program:

o Licensed by the NYS Office of Children and Family Service

o Single-purpose - Only one activity is offered (e.g soccer, tennis, basketball, etc.).

o Drop-in neighborhood-center setting (Children can come and go as they please. There is no parental expectation that you are providing care for their child for a set time period).

-,

o Held for the sole purpose of tournament play or competition, and associated practices.

o School district, BOCES or nonpublic school providing instruction to satisfy, enrich, accelerate or improve skills in accordance with NYS education requirements.

o Classroom based educational instruction (e.g. traditional academic subjects, religious, computer training).

~ If for classroom based education, are any recreational activities conducted? o No

DYes

If yes, list activities in question five and specify:

- Specify the hours of operation each day for the total program: _

- Amount of time each dayspent conducting recreational activities: _

5. List program activities including field trips (e.g. basketball, arts and crafts, swimming):

Completed by: Title: Date:

--------------------- -------------- ----------

April 12, 2011

Nirav R. Shah, MD, MPH, Commissioner New York State Department of Health Corning Tower

Empire State Plaza

Albany, NY 12237

Dear Commissioner Shah:

I write to bring to your attention the burden suddenly placed on our local communities under New York State Public Health law expanding the definition of summer day camps as required by Chapter 439 of the PHL, signed by the Governor in September, 2009. This broader definition went into effect April 1, 2011. As you may be aware, under this new definition, many of our local towns and municipalities that have operated summer recreation programs for decades for our region's school children, will now be unable to provide these same programs due to added staffing expense and permit fees.

Summer recreation programs run on very limited budgets, but provide great opportunities for children. The additional state mandated expenditure for medical staff, record keeping and permit fees without ample time to put a plan in place will very likely put an end to these programs, and will leave a vast gap in our region's ability to provide children with a safe place to play and learn during the summer months.

Additionally, the expanded definition for children's day camp is based on the definition of nonpassive recreational activities with significant risk of injury. (NPRASRI). If a summer youth program includes at least one activity that is NPRASRI, than that program must be regulated as a camp. Though I can agree that rock climbing and horseback riding pose that risk for injury as defined in Section 7-2.2(1) of Subpart 7-2, it is the addition of activities such as kickball and Red Rover that will burden local youth recreation programs who attempt to provide summer recreation programs without being defined under law as a "day camp".

DOH, April 12, 2011 Page 2

While I can understand the need to ensure our children's safety during the summer months, local programs were not provided with ample notice relative to the new guidelines. I am requesting that your Department postpone implementation of the expanded guidelines and also reexamine the lengthy list of activities that are deemed as non-passive recreational activities with significant risk of injury.

Sincerely,

Patricia Ritchie State Senator