senate Bill S1015E

Relates to permitting requirements for children's camps; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 22 / Mar / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 22 / Mar / 2013
    • PRINT NUMBER 1015A
  • 23 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 23 / Apr / 2013
    • PRINT NUMBER 1015B
  • 07 / May / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 07 / May / 2013
    • PRINT NUMBER 1015C
  • 19 / Jun / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 19 / Jun / 2013
    • PRINT NUMBER 1015D
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 23 / Apr / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 23 / Apr / 2014
    • PRINT NUMBER 1015E

Summary

Relates to permitting requirements for children's camps including permit requirements, inspection requirements and violations.

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Bill Details

See Assembly Version of this Bill:
A2193D
Versions:
S1015
S1015A
S1015B
S1015C
S1015D
S1015E
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1391, 1392, 1393, 1394, 1394-a & 1395, rpld §§1392-a & 1394-b, add §1393-a, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2013-2014: A2193
2011-2012: A7204A, S4615A, A7204A

Sponsor Memo

BILL NUMBER:S1015E

TITLE OF BILL: 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

PURPOSE:

To require all single-purpose day camps to obtain a permit in order to
operate a children's camp and to require that all camps obtain
liability insurance in order to provide additional protection to
children attending camps.

SUMMARY OF PROVISIONS:

Section 1 amends section 1391 of the public health law to include
single-purpose camps in the declaration of public policy.

Section 2 amends subdivision 2 of section 1392 to designate it
paragraph a and to add a new paragraph b which provides a definition
for single-purpose day camps.

Section 3 repeals section 1392-a. The requirement contained in this
section is incorporated into the new section 1394-a.

Section 4 amends section 1393 to require single-purpose day camps to
obtain a permit. Subdivision 4 is amended to increase the permit fee
for for-profit camps. Subdivision 5 is amended to address changes to
the enrollment application form requirements. All camps are required
to purchase liability insurance.

Section 5 adds a new section 1393-a. Subdivision 1 establishes
inspection requirements for each type of camp. Subdivision 2 gives the
department the discretion to waive one annual inspection for certain
types of camps.

Section 6 amends section 1394 to include single-purpose day camps.

Section 7 amends section 1394-a to require all camps to check the sex
offender registry.

Section 8 repeals section 1394-b. The requirement contained in this
section is incorporated into the new section 1394-a.

Section 9 amends section 1395 to extend the rules regarding violations
and temporary restraining order to single-purpose day camps.

Section 10 provides that this act shall take effect 1 year after it
shall have become a law.

JUSTIFICATION:

Currently, only camps that have two or more activities, at least one
of which is a non-passive recreational activity with significant risk
of injury, are subject to Department of Health (DOH) regulation. All
camps under the DOH's purview are required to be permitted before they
may open. Each camp must be inspected twice and meet stringent safety


standards including staff screening through the sex offender registry,
specific age-appropriate camper to counselor ratios, minimum age for
counselors, fire drills and camp safety plans.

Single-purpose day camps, including those engaging in potentially
dangerous non-passive recreational activities (such as a gymnastics
camps), are currently exempt from all DOH regulation. Thus, they do
not have to meet any of the safety standards put in place to protect
children attending camps. Because of this distinction, several camps
have circumvented regulation by offering a single activity for a
certain number of days (or weeks), then rotating to another single
activity, and so on, all at the same facility.

This bill will close this loophole by requiring single-purpose camps
operating for a total of twenty or more days to obtain a permit before
beginning operations. Additionally, all camps will be required to
obtain liability insurance to help protect all members of the camping
community.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Revenue generated from issuing permits will increase significantly due
to an increase in the number of camps required to obtain a permit and
an increase in permit fees. Additionally, the number of annual
inspections for camps will be commensurate to the type of camp and
level of risk based on the services provided. The additional revenue
combined with a reduction in the number of required inspections for
day camps should more than offset the increase in inspection
responsibilities for the Department of Health.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1015--E

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. LIBOUS, CARLUCCI, LATIMER, MARTINS -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Health -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to the Committee on Health in accordance with
  Senate Rule 6, sec. 8 -- 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:

  Section 1.  Section 1391 of the public health law, as added by chapter
515 of the laws of 2000, is amended to read as follows:
  S 1391. Declaration of public policy. It is the declared policy of the
state  of New York to protect the health, safety and welfare of children
attending what are commonly called  children's  overnight,  summer  day,
[and] traveling summer day, AND SINGLE-PURPOSE DAY camps.
  S  2.  The  opening  paragraph of subdivision 2 of section 1392 of the
public health law is designated paragraph a and a  new  paragraph  b  is
added to read as follows:
  B.  "SINGLE-PURPOSE  DAY  CAMP"  SHALL MEAN A PROPERTY CONSISTING OF A
TRACT OF LAND AND ANY TENTS, VEHICLES,  BUILDINGS  OR  OTHER  STRUCTURES
THAT MAY BE PERTINENT TO ITS USE, ANY PART OF WHICH MAY BE OCCUPIED ON A
SCHEDULED  BASIS  AT ANY TIME BETWEEN JUNE FIRST AND SEPTEMBER FIFTEENTH
IN ANY YEAR BY CHILDREN UNDER SIXTEEN YEARS OF AGE UNDER GENERAL  SUPER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04908-15-4

S. 1015--E                          2

VISION,  FOR  THE PURPOSE OF A SINGLE INDOOR  OR OUTDOOR ORGANIZED GROUP
ACTIVITY OR A SERIES OF SINGLE INDOOR OR OUTDOOR ORGANIZED GROUP  ACTIV-
ITIES,  INVOLVING  A  NONPASSIVE  RECREATIONAL ACTIVITY WITH SIGNIFICANT
RISK  OF  INJURY,  AS  SUCH  ACTIVITIES ARE DEFINED BY THE DEPARTMENT IN
RULES AND REGULATIONS, FOR A PERIOD OF LESS THAN  TWENTY-FOUR  HOURS  ON
ANY  DAY, OPERATING FOR A TOTAL OF TWENTY OR MORE DAYS WHEN THE PROPERTY
IS SO OCCUPIED, AND ON WHICH NO PROVISIONS ARE MADE FOR OVERNIGHT  OCCU-
PANCY  BY SUCH CHILDREN. THE COMMISSIONER SHALL HAVE THE POWER TO EXCEPT
BY RULE FROM THIS ARTICLE AND THE SANITARY CODE  A  PLACE,  FACILITY  OR
ACTIVITY THAT IS NOT WITHIN THE INTENT OF THIS DEFINITION.
  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,

S. 1015--E                          3

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.
  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

S. 1015--E                          4

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
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

S. 1015--E                          5

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
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

S. 1015--E                          6

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.

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