1. Requirements pertaining to mass gatherings have been removed from Subpart 7-1 and relocated to a newly created Subpart 7-4 entitled "Mass Gatherings".

2. Technical correction made to requirement of prohibition of employment of individuals as potential communicable disease transmitters in order to conform to current Human Rights Law.

3. Public Health Hazards, not previously defined, have been added to clearly identify those violations that can be reasonably expected to cause illness, injury or death.

4. The Uniform Fire Prevention and Building Code is now the sole standard for fire safety requirements for new construction and operation and maintenance aspects of temporary residence facilities.

5. The occupancy threshold triggering the need for a temporary residence permit has been increased from 10 persons to 11 persons to eliminate overlap with the Uniform Code applicability with regards to a Bed and Breakfast facility, and to focus the regulations on the remaining temporary residences having capacities of 11 persons or greater.

6. The list of special use facilities exempt from regulation has been expanded to include additional operations not intended to be regulated as a temporary residence.

7. The requirement that the permit-issuing official review and approve a plan for fire safety systems and equipment has been deleted, as such reviews are conducted by code enforcement officials who enforce the provisions of the Uniform Code.

8. The requirements for onsite water systems serving temporary residences have been clarified. Requirements for start-up water system disinfection procedures for water systems serving temporary residences not subject to continuous year round use have been added.

9. Reporting requirements have been added and include requirements with regard to certain injuries, illnesses and incidents involving fires, incidents associated with an on-site aquatic facility, carbon monoxide exposure, and illness suspected of being food or water-borne.

10. Instead of undertaking a duplicative review, the regulations have been changed to authorize that the permit-issuing official may request the submission of a construction compliance certificate issued by a Professional Engineer or Registered Architect pertaining to fire safety compliance for the new construction, modification or conversion of temporary residence facilities.

Statutory Authority:

The Public Health Council is authorized by Section 225(4) of the Public Health Law (PHL) to establish, amend and repeal sanitary regulations to be known as the State Sanitary Code (SSC) subject to the approval of the Commissioner of Health. Public Health Law Section 225(5) provides that the code may deal with any matter affecting the security of life and health of the people of the State of New York. PHL Sections 225(7) and 225(5)(o) require the establishment of standards and regulations for motels and hotels including provisions for living and sleeping quarters, protections from fire hazards, water and sewage facilities refuse/storage and disposal and other matters for protection and security of life or health. PHL Section 201(1)(m) provides that the functions, powers and duties of the department include that the department is to "supervise and regulate the sanitary aspects of camps, hotels…and other business and activities affecting public health."

Legislative Objectives:

In authorizing adoption of the State Sanitary Code and in enacting PHL 225(5), 225(5)(o), 225(7) and 201(1)(m), the legislative objective was to protect public health and safety. The proposed amendments to Subpart 7-1 of the SSC reflect current technology and oversight responsibilities and, the consolidation of all requirements for mass gatherings into a separate Subpart 7-4, furthers the legislative objective of protecting health and safety of the public.

Needs and Benefits:

There have been no substantial revisions to Subpart 7-1 since January 31, 1980. Since that time, the State Uniform Fire Prevention and Building Code (Uniform Code), administered by the Department of State, has undergone several modifications including mandatory statewide applicability in 1984. The Department analyzed the fire safety requirements contained in both the existing Subpart 7-1 and the Uniform Code, and determined that the requirements of Subpart 7-1 are not consistent with the Uniform Code, and are in many aspects, duplicative of Uniform Code requirements.

The proposed amendments will eliminate duplicate requirements for temporary residence facilities, in that the Sanitary Code will no longer prescribe standards for exits, fire alarm and extinguishing equipment or criteria relating to the containment of fires and products of combustion which are contained in the Uniform Code. The amended Sanitary Code will address basic fire safety operation and maintenance provisions, and will continue to address other aspects of the facility such as water, sewage, food service and aquatic operations to assure safety of the occupants.

Current regulations apply to a temporary residence occupied or maintained for occupancy by 10 or more persons. This occupancy threshold overlaps with the Uniform Code definition of a "Bed and Breakfast Dwelling," which is defined as an owner occupied residence providing overnight accommodations and a morning meal to not more than 10 transient lodgers. The Uniform Code contains special fire safety provisions for Bed and Breakfast Dwellings that are not consistent with the requirements associated with hotel/motel type dwellings. To eliminate the potential regulatory inconsistency, the occupancy threshold for applicability of Subpart 7-1 regulations is modified from 10 to 11 persons.

Operator reporting requirements have been included for temporary residences for: injury or illness occurring at an associated pool, beach or spray ground; illness suspected of being food or waterborne; illness related to on-site exposure to carbon monoxide; and all fires which result in a report/call to fire or police departments.

Previously, there were no incident reporting requirements in the regulation. The requirement for illness and injuries reporting provides the foundation for a surveillance system that enables the Department to insure and monitor the adequacy of operation and maintenance of the facilities.

Additionally, temporary residence operators must continue to report water sample results that are positive for Total Coliform or Escherichia Coli and all other water analysis reports, to the permit-issuing official (PIO).

The existing code specifies that the PIO reviews and approves plans for new construction pertaining to fire safety, including alterations, enlargements and improvements. The proposed amendments eliminate the review and approval of plans by the PIO since the local code enforcement official (CEO) for the Uniform Code is responsible for plan review/approval. The amended regulation only requires a certificate of occupancy from the local CEO be available for review by the PIO, who may also require submission of a construction compliance certificate, pertaining to fire safety from a New York State licensed design professional.

Of the 3,551 regulated temporary residences, there are 26 with on-site water systems that do not meet the definition of a public water system as specified in Part 5 of the SSC. The current version of 7-1 requires that these types of facilities comply with specific sections of Part 5 that deal with bacteriological, organic/inorganic, chemical and turbidity parameters. Due to changes in Part 5, previously referenced sections of the code are no longer accurate. The amended code now requires compliance as a non-community water supply, which incorporates similar compliance standards, therefore there is no substantial impact on these water systems.

Additionally, provisions for an annual start-up procedure for water supplies at temporary residences not under continuous use has been established. Due to the seasonal operation of many (419) temporary residence facilities, the water supply systems are shut down for a portion of the year that increases the potential for contamination of the water system.

Requirements for mass gatherings are currently contained in Subpart 7-1. Many sections of Subpart 7-1 are not applicable or relevant to mass gatherings. For clarity, the requirements specific to mass gatherings have been removed from Subpart 7-1 and relocated to a newly created Subpart 7-4 and minor amendments and technical corrections have been made, e.g. requirement of prohibition of employment of individuals as possible transmitter of communicable disease in order to conform to the current Human Rights Law.

Costs to Regulated Parties:

As noted previously, there will be a reduction in costs to existing temporary residence facilities with an occupancy of 10 persons, as these businesses will no longer be regulated and required to obtain a permit to operate with associated permit and water sample fee(s).

The exact number of temporary residence facilities with a capacity of 10 persons is unknown, but the Department estimates that there may be between 80 - 100 facilities that would no longer require a permit to operate. There will be a cost savings in associated permit fees for these facilities, ranging from $50.00 to $260.00 per facility, dependant on local health department jurisdiction.

Additionally, those facilities with on-site water systems will no longer be required to collect quarterly bacteriological water samples (1-4/year) at a cost of $30.00/ sample, nor an annual nitrate water sample at a cost of $30.00/sample. The total impact cannot be determined as the exact number of temporary residence facilities with a capacity of 10 persons with on-site water systems is unknown.

Temporary Residences that maintain occupancy for 11 or more persons that undergo new construction including alterations, enlargements and improvements, and change of occupancy may be required by the PIO to obtain a construction compliance certificate. This certificate, prepared and signed by a NYS licensed Professional Engineer or Registered Architect confirms that construction pertaining to fire safety was in conformance with the Uniform Code and approved plans. When required, this certificate may increase the cost of the construction project, as design professionals surveyed indicated that fees for the construction compliance certificate would range from 3-5% of the total project cost.

Annual start-up procedures for the 419 temporary residences with seasonally operated water supplies will result in an increased cost for these facilities. The cost associated with a typical start-up procedure that provides for adequate disinfection of the water distribution system is estimated to be between $50.00 and $100.00 annually per distribution system.

There will be no costs to regulated parties associated with the relocation of existing requirements for mass gatherings from Subpart 7-1 to a newly created Subpart 7-4, as no new requirements are added.

Costs to the Department of Health:

There will be minimal costs of approximately $1200.00 associated with printing and distribution of the amended codes and corresponding revised inspection forms. The costs to the State Health Department offices will be the same as noted below for Local Government.

Costs to State and Local Government:

There may be a reduction in costs to local health departments because there will be fewer regulated facilities resulting from the revision of code applicability from 10 occupants to 11 since approximately 80 to 100 currently permitted facilities with a capacity for 10 occupants are located throughout the state. These facilities will no longer require operating permits. Savings are difficult to calculate due to the relatively small number of impacted facilities per local health department and the fact that such costs are based on staff time and travel distance for inspectional purposes, which varies.

There will be no costs associated with the relocation of existing requirements for mass gatherings from Subpart 7-1 to a new Subpart 7-4. No new requirements are added.

Local Government Mandates:

The proposed revisions do not impose a new program duty or responsibility upon any county, city, town village, school district, fire district, or special district.

The elimination of mandated fire safety plan review duties by the PIO for temporary residences will not impact the local building departments, as the local code enforcement officer (CEO) has the responsibility to perform plan review and construction inspections for assuring compliance with the Uniform Code, in any case. Local health department staff continue to be responsible for enforcing the simplified regulations as part of their existing program responsibilities.

Paperwork/Reporting:

When required by the PIO, a construction compliance certificate pertaining to fire safety must be submitted for temporary residences undergoing new construction including alterations, enlargements and improvements.

Operator reporting requirements have been included for temporary residences for: injury or illness occurring at an associated pool, beach or spray ground; illness suspected of being food or waterborne; illness related to on-site exposure to carbon monoxide; and all fires which result in a report/call to fire or police departments.

Previously, there were no incident reporting requirements in the regulation. The requirement for illness and injuries reporting provides the foundation for a surveillance system that enables the Department to insure and monitor the adequacy of operation and maintenance of the facilities.

Additionally, temporary residence operators must continue to report water sample results that are positive for Total Coliform or Escherichia Coli and all other water analysis reports, to the PIO.

There are no new requirements for mass gatherings resulting from the relocation of existing requirements from Subpart 7-1 to a new Subpart 7-4.

Duplication:

This regulation does not duplicate any existing federal, state or local regulation. In fact, revised fire safety plan review and other requirements for new construction at temporary residences eliminate existing redundancies in duties currently performed by the local CEO for enforcement and implementation of the Uniform Code. Although the Federal Drinking Water Standards, CFR Title 40 Chapter 1 Part 141, apply to most of the temporary residence and mass gathering drinking water supplies in New York State, the state has primacy for the implementation and enforcement of these Federal Regulations. The provisions of the Federal requirements are embodied in Part 5 of the Sanitary Code, therefore there is no duplication with these Federal standards.

Alternatives Considered:

One alternative for the regulation of temporary residences was to eliminate all requirements for operation of temporary residences other than those addressing food service, swimming pools/beaches, and on-site water supplies. Separate permits for these operations would then be issued. This approach was rejected, since Section 225(7) of the Public Health Law specifically requires the Public Health Council to prescribe standards and regulations for certain temporary residences.

An alternative to enacting Subpart 7-4 regarding mass gatherings was to leave the requirements in Subpart 7-1. This was rejected to avoid confusion, because many sections in Subpart 7-1 are not applicable or relevant to mass gatherings.

Federal Standards:

Federal Standards may be applicable to certain on-site water supplies, but the proposed regulation does not exceed the Federal Drinking Water Standards entitled the Safe Drinking Water Act, CFR Title 40 Chapter 1 Part 141.

Compliance Schedule:

These regulations will be effective upon publication of a notice of adoption in the State Register. Most temporary residence facilities will be able to achieve immediate compliance with the revised regulation. Compliance with the annual water supply start-up requirement would occur with the operating season following adoption of the regulation. The time frame for completion of the annual start-up disinfection procedure is approximately two days in duration.

Types and Estimated Number of Small Businesses and Local Governments:

There are approximately three thousand-five hundred and fifty-one (3551) regulated temporary residences located throughout New York State. Approximately 80% maintain occupancies for less than 100 guests; therefore, the majority of facilities currently regulated as temporary residences are considered small businesses. These small businesses include operations commonly known as hotels, motels and cabin colonies.

The proposed changes that eliminate duplicate requirements between the State Sanitary Code (SSC) and the State Uniform Fire Prevention and Building Code (Uniform Code) will affect all regulated temporary residence facilities. The proposed amendments for annual start-up procedures for seasonally operated water supplies will affect the 419 facilities with such water systems.

There are approximately 5 mass gatherings held in the State each year which are typically promoted and sponsored by large businesses. Because the proposed changes for mass gatherings only involve the relocation of the existing requirements to a separate subpart with no new substantive requirements added, there will be no effect on small business and local government.

Compliance Requirements:

Reporting and Record Keeping:

The proposed amendments require the temporary residence operator to have available on-site: maintenance records for fire alarm systems, automatic fire suppression systems and portable fire extinguishers and fire safety and evacuation plans. For new construction, the building permit, certificate of occupancy and approved plans must be readily available for review. A fire safety construction compliance certificate prepared and signed by a professional engineer or registered architect licensed to practice in NYS must be submitted to the permit-issuing official (PIO) when required.

Operator reporting requirements have been included for temporary residences for: injury or illness occurring at an associated pool, beach or spray ground; illness suspected of being food or waterborne; illness related to on-site exposure to carbon monoxide; and all fires which result in a report/call to fire or police departments.

Previously, there were no incident reporting requirements in the regulation. The requirement for illness and injuries reporting provides the foundation for a surveillance system that enables the Department to insure and monitor the adequacy of operation and maintenance of the facilities.

Additionally, temporary residence operators must continue to report water sample results that are positive for Total Coliform or Escherichia Coli and all other water analysis reports, to the PIO.

There are no new requirements for mass gatherings resulting from the relocation of existing requirements from Subpart 7-1 to a new Subpart 7-4.

Other affirmative acts:

For on-site seasonally operated water supplies at temporary residences, the operator must disinfect the water supply and distribution system as an annual start-up procedure.

Temporary Residences that maintain occupancy for 11 or more persons that undergo new construction including alterations, enlargements and improvements, and change of occupancy may be required by the PIO to obtain a construction compliance certificate. This certificate, prepared and signed by a NYS licensed Professional Engineer or Registered Architect confirms that construction pertaining to fire safety was in conformance with the Uniform Code and approved plans.

Compliance Costs:

There will be a reduction in costs to existing temporary residence facilities with an occupancy of 10 persons, as these businesses will no longer be regulated and required to obtain a permit to operate with associated permit and water sample fee(s).

The exact number of temporary residence facilities with a capacity of 10 persons is unknown, but the Department estimates that there may be between 80 - 100 facilities that will no longer require a permit to operate. There will be a cost savings in associated permit fees for these facilities, ranging from $50.00 to $260.00 per facility, dependant on local health department jurisdiction.

Additionally, those facilities with on-site water systems will no longer be required to collect quarterly bacteriological water samples (1-4/year) at a cost of $30.00/ sample, nor an annual nitrate water sample at a cost of $30.00/sample. The total impact cannot be determined as the exact number of temporary residence facilities with a capacity of 10 persons with on-site water systems in unknown.

Temporary residences that maintain occupancy for 11 or more persons that undergo new construction including alterations, enlargements and improvements, and change of occupancy may be required by the PIO to obtain a construction compliance certificate. This certificate, prepared and signed by a NYS licensed Professional Engineer or Registered Architect confirms that construction pertaining to fire safety was in conformance with the Uniform Code and the approved plans. When required, this certificate may increase the cost of the construction project as design professionals surveyed indicated that fees for the construction compliance certificate would range from 3-5% of the total project cost.

Annual start-up procedures for the 419 temporary residences with seasonally operated water supplies will result in an increased cost for these facilities. The cost associated with a typical start-up procedure that is acceptable to the Department is estimated to be between $50.00 and $100.00 annually per distribution system.

There will be no costs to small business or local government as a result of the relocation of existing requirements for mass gatherings from Subpart 7-1 to a newly created Subpart 7-4. No new requirements are added.

Professional Services:

No additional professional services are required for existing facilities or for mass gatherings to comply with the amendments. For new construction projects at temporary residences (including alterations, enlargements, and improvements), a construction compliance certificate pertaining to fire safety, prepared by a professional engineer or registered architect licensed to practice in New York State may be required.

Economic and Technological Feasibility:

The proposal is technologically feasible because it only requires use of existing technology for disinfection of certain seasonal water systems at temporary residences. There are no other changes requiring use of technology.

The proposal is believed to be economically feasible because the expense to comply will be minimal for each regulated temporary residence facility.

Minimizing Adverse Economic Impact on Rural Areas:

For temporary residences, the proposed amendments are intended to simplify and clarify the requirements of Subpart 7-1 and to eliminate duplication of requirements contained in the Uniform Code. There should be minimal adverse impact upon small businesses. In fact, the amendments may result in a positive impact through the reduction in duplication of regulatory agency plan review and regulatory requirements.

In the event these revisions have an adverse impact on a particular temporary residence facility, a waiver allowing alternate arrangements that do not meet the specific requirements of the Subpart, but still adequately protect health and safety of the patrons and the public can be granted. Alternately, should this rule have a substantial adverse impact on a particular facility, a variance allowing additional time to comply with one or more requirements can be granted if the health and safety of the public is not prejudiced by the variance.

There will be no adverse economic impact on small businesses or local government with the relocation of existing requirements for mass gatherings from Subpart 7-1 to a newly created Subpart 7-4. No new requirements are added.

Rural Area Participation:

Copies of draft amendments to Subpart 7-1 were mailed to 36 county health departments for their review and comment. The comments received were evaluated and modifications were made to address comments as appropriate. A revised version of the document was then sent to the Conference of Environmental Health Directors and the small business organizations listed below for review and comment.

• NYS Hospitality and Tourism Association

• Empire State Bed and Breakfast Association

• Lake George Chamber of Commerce

• Finger Lakes Tourism and Chamber of Commerce

Three responses were received as a result of the outreach efforts. The comments received were favorable.

Types and Estimated Number of Rural Areas:

Temporary residences exist in all 44 counties that have populations less than 200,000 and the 9 counties identified to have townships with a population density of fewer than 150 persons or less per square mile.

The proposed changes that eliminate duplicate requirements between the State Sanitary Code (SSC) and the State Uniform Fire Prevention and Building Code (Uniform Code) will affect all regulated temporary residence facilities. The proposed amendments for annual start-up procedures for seasonally operated water supplies will affect those facilities in such rural areas with such water systems.

There are approximately 5 regulated mass gatherings held in NYS each year, all of which are held in rural areas.

Reporting, Recordkeeping and Other Compliance Requirements:

Reporting and Recordkeeping:

The proposed amendments require the temporary residence operator to have available on-site: maintenance records for fire alarm systems, automatic fire suppression systems and portable fire extinguishers and fire safety and evacuation plans. For new construction, the building permit, certificate of occupancy and approved plans must be readily available for review. A fire safety construction compliance certificate prepared and signed by a professional engineer or registered architect licensed to practice in NYS must be submitted to the permit-issuing official (PIO) when required.

Operator reporting requirements have also been included for temporary residences for: injury or illness occurring at an associated pool, beach or spray ground; illness suspected of being food or waterborne; illness related to on-site exposure to carbon monoxide; and all fires which result in a report/call to fire or police departments.

Previously, there were no incident reporting requirements in the regulation. The requirement for illness and injuries reporting provides the foundation for a surveillance system that enables the Department to insure and monitor the adequacy of operation and maintenance of the facilities.

Additionally, temporary residence operators must continue to report water sample results that are positive for Total Coliform or Escherichia Coli and all other water analysis reports, to the PIO.

There are no new requirements for mass gatherings resulting from the relocation of existing requirements from Subpart 7-1 to a new Subpart 7-4.

Other Compliance Requirements:

For on-site seasonally operated water supplies at temporary residences, the operator must disinfect the water supply and distribution system as an annual start-up procedure.

Temporary Residences that maintain occupancy for 11 or more persons that undergo new construction including alterations, enlargements and improvements, and change of occupancy may be required by the PIO to obtain a construction compliance certificate. This certificate, prepared and signed by a NYS licensed Professional Engineer or Registered Architect confirms that construction pertaining to fire safety was in conformance with the Uniform Code and approved plans.

Compliance Costs:

There will be a reduction in costs to existing temporary residence facilities with occupancy of 10 persons, as these businesses will no longer be regulated and required to obtain a permit to operate with associated permit and water sample fee(s).

The exact number of temporary residence facilities with a capacity of 10 persons is unknown, but the Department estimates that there may be between 80 - 100 facilities that will no longer require a permit to operate. There will be a cost savings in associated permit fees for these facilities, ranging from $50.00 to $260.00 per facility, dependent on local health department jurisdiction.

Additionally, those facilities with on-site water systems will no longer be required to collect quarterly bacteriological water samples (1-4/year) at a cost of $30.00/ sample, nor an annual nitrate water sample at a cost of $30.00/sample. The total impact cannot be determined as the exact number of temporary residence facilities with a capacity of 10 persons with on-site water systems in unknown.

Temporary residences that maintain occupancy for 11 or more persons that undergo new construction including alterations, enlargements and improvements, and change of occupancy may be required by the PIO to obtain a construction compliance certificate. This certificate, prepared and signed by a NYS licensed Professional Engineer or Registered Architect confirms that construction pertaining to fire safety was in conformance with the Uniform Code and approved plans. When required, this certificate may increase the cost of the construction project as design professionals surveyed indicated that fees for the construction compliance certificate would range from 3-5% of the total project cost.

Annual start-up procedures for the 419 temporary residences with seasonally operated water supplies will result in an increased cost for these facilities. The cost associated with a typical start-up procedure that is acceptable to the Department is estimated to be between $50.00 and $100.00 annually per distribution system.

There will be no costs to rural areas as a result of the relocation of existing requirements for mass gatherings from Subpart 7-1 to a newly created Subpart 7-4. No new requirements are added.

Professional Services:

No additional professional services are required for existing temporary residence facilities or mass gatherings to comply with the amendments. For new construction projects at temporary residences (including alterations, enlargements and improvements), a construction compliance certificate pertaining to fire safety, prepared by a professional engineer or registered architect licensed to practice in New York State may be required.

Economic and Technological Feasibility:

The proposal is technologically feasible because it only requires use of existing technology for disinfection of certain seasonal water systems at temporary residences. There are no other changes requiring use of technology.

The proposal is believed to be economically feasible because the expense to comply will be minimal for each regulated temporary residence facility.

Minimizing Adverse Economic Impact on Rural Areas:

For temporary residences, the proposed amendments are intended to simplify and clarify the requirements of Subpart 7-1, and to eliminate duplication of requirements contained in the Uniform Code. There should be minimal adverse impact upon temporary residences located in rural areas. The amended code may likely result in a positive impact through the reduction in duplication of regulatory agency plan review and regulatory requirements.

In the event these revisions have an adverse impact on a particular temporary residence facility, a waiver allowing alternate arrangements that do not meet the specific requirements of the Subpart but still adequately protect health and safety of the patrons and the public can be granted. Alternately, should this rule have a substantial adverse impact on a particular facility, a variance allowing additional time to comply with one or more requirements can be granted, if the health and safety of the public is not prejudice by the variance.

There will be no adverse economic impact on mass gatherings held in rural areas resulting from the relocation of existing requirements for mass gatherings from Subpart 7-1 to a newly created Subpart 7-4. No new requirements are added.

Rural Area Participation:

Copies of draft amendments to Subpart 7-1 were mailed to 36 county health departments for their review and comment. These local health departments represent and/or have responsibility for temporary residence facilities located in rural areas. The comments received were evaluated and modifications were made to address comments as appropriate. A revised version of the document was then sent to the Conference of Environmental Health Directors and the small business organizations listed below for review and comment.

• NYS Hospitality and Tourism Association

• Empire State Bed and Breakfast Association

• Lake George Chamber of Commerce

• Finger Lakes Tourism and Chamber of Commerce

Three responses were received as a result of the outreach efforts, and the comments received were favorable.

No Job Impact Statement is required pursuant to Section 201-a (2)(a) of the State Administrative Procedure Act. It is apparent, from the nature of the proposed amendment, that it will have no impact on jobs and employment opportunity because new reporting and start-up supply requirements will be minimal and can adequately be addressed by existing facility staff.