The summer day camp definition and fee for a children's camp permit have been revised to be consistent with Public Health Law (PHL);

A definition for nonpassive recreational activities with significant risk for injury has been added, as mandated by Chapter 439 of the laws of 2009;

The list of operations exempt from regulation has been expanded to include "pre-college," school, and certain classroom based educational programs;

Course curriculum standards for first aid and cardiopulmonary resuscitation (CPR) certifications have been added and references to American Red Cross (ARC) courses removed;

The first aid course accepted for day camps with minimal physical activity was eliminated;

Camp Aquatic Directors minimum experience, certification, and training requirements have been clarified and improved;

The percent of on-duty 16-year-old lifeguards allowed to supervise the camp's aquatic activities has been increased from 20 percent to 50 percent;

An alternative to the requirement for camps to provide a lifeguard during camp trip swimming activities to lifeguarded facilities has been added;

The number of staff certified in CPR that are required for wilderness swimming activities has been clarified;

Public Health Law (PHL) requirements are incorporated for the use of the State Sex Offender Registry to determine if staff are listed (Article 13-B PHL) and providing meningococcal meningitis information to parents of children at certain overnight camps (PHL Section 2167);

Reflective triangles have been added as an acceptable alternative to flares in camp vehicles used to transport campers and staff;

Certain types of summer camp cabins have been exempted from the Uniform Fire Prevention and Building Code (Uniform Code) requirements for fire extinguishing sprinkler systems and minimum occupant floor area requirements;

Public Health Law reference defining the term "officers" has been corrected;

Course curriculum standards for "Lifeguard Supervision and Management" have been added to Subpart 6-1 and Subpart 6-2 of the SSC.

Statutory Authority:

The Public Health and Health Planning 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. Article 13-B of the PHL sets forth sanitary and safety requirements for children's camps. Sections 225 and 201(1)(m) authorize SSC regulation of the sanitary aspects of businesses and activities affecting public health including children's camps, swimming pools and bathing establishments. Sections 1340-1342 of the PHL set forth sanitary and safety requirements for bathing establishments.

Legislative Objectives:

In authorizing adoption of the SSC and in enacting PHL Sections 225, 201(1)(m), and 1340-1342; and Article 13 B, the legislative objective was to protect the health and safety of children.

Needs and Benefits:

The summer day camp definition and permit fee amendments are necessary to be consistent with PHL and accurately define a summer day camp in this Subpart.

The proposed amendments exempt "pre-college", school, and classroom based educational programs because they are not within the intent of the regulation.

References to American Red Cross (ARC) courses are replaced with course curriculum standards for first aid and CPR certifications to better specify the minimum training requirements.

The first aid course accepted for day camps with minimal physical activity was eliminated because these programs will no longer be regulated as a result of amendments to the summer day camp definition.

Camp Aquatic Directors (CAD) minimum experience, certification, and training requirements have been clarified and improved to ensure a CAD will have the knowledge and experience to establish safe swimming programs at camps.

The percentage of 16-year-old lifeguards allowed to supervise the camp's on-site swimming activities has been increased and may make it easier for camp operators to hire a sufficient number of lifeguards. Bather safety is not compromised because required certifications ensure all lifeguards have the minimum skills and knowledge to effectively supervise swimming and each camp has an aquatics director to supervise the lifeguard staff.

The State Sex Offender Registry checks and meningococcal disease vaccination notification amendments incorporate PHL requirements into the regulation making it easier for camp operators to identify and comply with requirements to operate a children's camp.

Reflective triangles have been added as an optional warning device to alert approaching motorists of the presence of a stopped camp vehicle. Current standards require flares, which may pose a safety hazard and require special storage consideration.

For camp trips to lifeguarded bathing facilities, an option has been added for camps to provide staff members who possess training in an approved aquatic injury prevention and emergency response course instead of lifeguarding. This option ensures that camp staff has adequate training to oversee camp requirements and eliminates the need for the camp to hire a lifeguard, which is often difficult to do when the camp does not have its own bathing facility.

The wilderness swimming amendment clarifies that lifeguard staff may count toward the number of required CPR certified staff.

Amendments are proposed to respectively eliminate and reduce burdensome fire extinguishing sprinkler systems and floor area requirements of the Uniform Fire Prevention and Building Construction Code (Uniform Code) for certain simple one-story summer camp cabins that are only occupied for a few months a year.

As a result of a change to PHL, an amendment is necessary to accurately identify the PHL section that defines the term "officers" that is referenced.

Compliance Costs:

Cost to Regulated Parties:

The amendment which excludes college level educational programs from regulation as a children's camp will have cost savings of the $100 permit fee ($200 starting April 1, 2011), and any administrative, staffing, or other costs required for compliance with Subpart 7-2 of the SSC for programs no longer requiring regulation.

The amendments for camp trip swimming may result in an estimated cost savings between $160 to $225 when a specially trained staff member is utilized instead of hiring a lifeguard.

The amendment for wilderness swimming may result in an estimated cost savings of $67 to $120 for training additional CPR staff in instances that the regulation was misunderstood and lifeguards were not counted toward the CPR requirement.

The amendment, which eliminates the Uniform Code requirement for fire-extinguishing sprinkler systems in certain newly constructed camp cabins, will result in cost savings to regulated parties when constructing these cabins. The cost savings will vary depending on each building's design/layout and water supply. One fire sprinkler design and installation company estimated the cost savings for a camp cabin to range from $8,000 to $12,500 depending on the camp's water supply/system. Additional cost savings, which cannot be estimated, may be associated with the electrical service, fire alarm system, and other unique needs of the cabin associated with a sprinkler system installation.

Summer day camp definition, and school and classroom based educational program exemptions:

Children's programs that now qualify as a summer day camp will have operating cost increases including a statutory $200 permit fee and any additional costs required for compliance with Subpart 7-2 of the SSC. The cost for newly regulated operators will vary depending on the current level of compliance of the program with Subpart 7-2 requirements and cannot be estimated.

Adding exemptions to the regulation for schools and summer classroom based educational programs ensures these programs will have no costs associated with this regulation.

Sex Offender Registry Checks and Meningococcal Disease Information:

The amendments for staff sex offender registry background checks and the distribution of meningococcal disease information incorporate existing PHL requirements into the regulation and have already been implemented by regulated parties. Costs associated with conducting the sex offender checks are limited to staffing expenses to collect and submit the required information to NYS Division of Criminal Justice Services (DCJS) and will vary depending on the number of names to be submitted and the salary of the staff person compiling the information. It is anticipated that an entry level staff person earning the minimum wage of $7.25/hour can compile the necessary information for DCJS for 100 employees within a few hours. DCJS conducts checks of the Registry free of charge.

The expenses to distribute meningococcal disease materials to camper parents is limited to overnight camps with campers in attendance for 7 or more consecutive nights and include the cost of printing and mailing. The costs for affected overnight camps cannot be estimated as costs will vary depending on the number of campers that materials must be mailed to. It is anticipated that camps will minimize expenses by mailing the required materials along with other information already being mailed such as health forms.

Camp aquatic director (CAD) qualifications:

Children's camps with bathing facilities may have an initial cost increase of approximately $60 to $160 associated with the addition of a training course in lifeguard supervision and management to the minimum qualifications for a CAD. However, future costs for the CAD position may decrease between $30 to $240 as a result of eliminating the requirement for CADs to obtain or maintain a current certification as a lifeguard or progressive swimming instructor.

There are no costs to regulated parties associated with any other proposed amendment.

Cost to State and Local Government:

State agencies and local governments that operate children's camps will have the same costs and savings described in the section entitled "Cost to Regulated Parties."

Because each overnight children's camp requires about four days of staff time for a local health department (LHD) to perform regulatory duties, the exclusion of each "pre-college" educational program from regulatory oversight as a camp will allow LHD staff to be used in other capacities.

The amendments to the summer day camp definition will result in an estimated 284 new summer day camps. Most LHDs will have an additional workload to perform regulatory duties.

Cost to the Department of Health:

There will be routine costs associated with printing and distributing the amended Codes.

Local Government Mandates:

Children's camps operated by local governments will be required to comply with the requirements of the amended sections as described in the section entitled "Needs and Benefits" but the proposed amendments do not otherwise impose new program duties or responsibilities on local governments.

Paperwork/Reporting:

The proposed amendments incorporate existing PHL requirements for sex offender registry checks and distribution of meningococcal disease information, which do require some paperwork; however, these requirements have already been implemented by regulated parties and will impose no additional paperwork to regulated parties or State and local governments.

Duplication:

This regulation does not duplicate any existing federal, state, or local regulation.

Alternatives Considered:

An alternative considered was to not require the CAD to obtain training in lifeguard supervision and management. This alternative was rejected because a review of eight drowning incidents at children's camps identified that, in all but one of the incidents, improper management of the camp's waterfront was a contributing factor to the incident. Additionally consideration was given to specifying the minimum number of hours of previous lifeguarding experience that are needed to qualify as a CAD. Based on comments received during outreach to interested parties and local health departments, this consideration was rejected because it was unrealistic and too burdensome to verify and document experience in this manner.

Another alternative considered was to establish the minimum age of lifeguards to be 16 years old, and not limit the number of 16-year old lifeguards. The alternative was rejected after consultation with the State Camp Safety Advisory Council, which recommended the DOH allow 50 percent of the required on-duty lifeguards to be 16 years old.

Consideration was also given to not making any of the proposed amendments, however, this was rejected because the amendments enhance current regulations to minimize risk to camper's health and benefit camp operators by clarifying or providing alternative options to existing regulations.

Federal Standards:

Currently, no federal law governs the operation of children's camps, swimming pools or bathing beaches and regulatory standards vary widely from state to state.

Compliance Schedule:

Most of the proposed amendments are to be effective upon publication of a Notice of Adoption in the State Register. However, the increased permit fee will be effective April 1, 2011 and the requirement for CAD to possess certification in "lifeguard supervision and management" will be effective January 1, 2012.

Types and Estimated Number of Small Businesses and Local Governments:

There are approximately 2,861 regulated children's camps (578 overnight and 2283 summer day camps) operating in New York State, of which all will be affected by the proposed rule. Municipalities (towns, villages, cities and school districts) operate 344 summer day camps and one overnight camp. Most of the remaining camps are believed to be small businesses.

Compliance Requirements:

Reporting and Recordkeeping:

There are no reporting requirements associated with the proposed amendments.

The amendments require camps operators to maintain records of sex offender registry checks for staff and meningococcal meningitis immunization response forms for campers attending camp for seven or more consecutive nights; however, these amendments impose no additional recordkeeping on regulated parties as they incorporate existing Public Health Law (PHL) requirements into the regulation. Camp operators will be required to maintain an additional record pertaining to camp aquatics director certification in a lifeguard supervision and management course.

Other Affirmative Acts:

The summer day camp definition and permit fee amendments are necessary to be consistent with PHL and accurately define a summer day camp in this Subpart.

The proposed amendments exempt "pre-college", school, and classroom based educational programs because they are not within the intent of the regulation.

References to American Red Cross (ARC) courses are replaced with course curriculum standards for first aid and CPR certifications to better specify the minimum training requirements.

The first aid course accepted for day camps with minimal physical activity was eliminated because these programs will no longer be regulated as a result of amendments to the summer day camp definition.

Camp Aquatic Directors (CAD) minimum experience, certification, and training requirements have been clarified and improved to ensure a CAD will have the knowledge and experience to establish safe swimming programs at camps.

The percentage of 16-year-old lifeguards allowed to supervise the camp's on-site swimming activities has been increased and may make it easier for camp operators to hire a sufficient number of lifeguards. Bather safety is not compromised because required certifications ensure all lifeguards have the minimum skills and knowledge to effectively supervise swimming and each camp has an aquatics director to supervise the lifeguard staff.

The State Sex Offender Registry checks and meningococcal disease vaccination notification amendments incorporate PHL requirements into the regulation making it easier for camp operators to identify and comply with requirements to operate a children's camp.

Reflective triangles have been added as an optional warning device to alert approaching motorists of the presence of a stopped camp vehicle. Current standards require flares, which may pose a safety hazard and require special storage consideration.

For camp trips to lifeguarded bathing facilities, an option has been added for camps to provide staff members who possess training in an approved aquatic injury prevention and emergency response course instead of lifeguarding. This option ensures that camp staff has adequate training to oversee camp requirements and eliminates the need for the camp to provide a lifeguard, which is often difficult to do when the camp does not have its own bathing facility.

The wilderness swimming amendment clarifies that lifeguard staff may count toward the number of required CPR certified staff.

Amendments are proposed to respectively eliminate and reduce burdensome fire extinguishing sprinkler systems and floor area requirements of the Uniform Fire Prevention and Building Construction Code (Uniform Code) for certain simple one-story summer camp cabins that are only occupied for a few months a year.

As a result of a change to PHL, an amendment is necessary to accurately identify the PHL section that defines the term "officers" that is referenced.

Professional Services:

There are no professional services required to comply with the proposed amendments.

Compliance Costs:

Cost to Regulated Parties:

The amendment to exclude college level educational programs from regulation as a children's camp will have cost savings of the $100 permit fee ($200 starting April 1, 2011), and any administrative, staffing, or other costs required for compliance with Subpart 7-2 of the SSC for programs no longer requiring regulation.

The amendments for camp trip swimming may result in an estimated cost savings between $160 to $225 when a specially trained staff member is utilized instead of hiring a lifeguard.

The amendment for wilderness swimming may result in an estimated cost savings of $67 to $120 for training additional CPR staff in instances that the regulation was misunderstood and lifeguards were not counted toward the CPR requirement.

The amendment, which eliminates the Uniform Code requirement for fire-extinguishing sprinkler systems in certain newly constructed camp cabins, will result in cost savings to regulated parties when constructing these cabins. The cost savings will vary depending on each building's design/layout and water supply. One fire sprinkler design and installation company estimated the cost savings for a camp cabin to range from $8,000 to $12,500 depending on the camp's water supply/system. Additional cost savings, which cannot be estimated, may be associated with the electrical service, fire alarm system, and other unique needs of the cabin associated with a sprinkler system installation.

Summer day camp definition, and school and classroom based educational program exemptions:

Children's programs that now qualify as a summer day camp will have operating cost increases including a statutory $200 permit fee and any additional costs required for compliance with Subpart 7-2 of the SSC. The cost for newly regulated operators will vary depending on the current level of compliance of the program with Subpart 7-2 requirements and cannot be estimated.

Adding exemptions to the regulation for schools and summer classroom based educational programs ensures these programs will have no costs associated with this regulation.

Sex Offender Registry Checks and Meningococcal Disease Information:

The amendments for staff sex offender registry background checks and the distribution of meningococcal disease information incorporate existing PHL requirements into the regulation and have already been implemented by regulated parties. Costs associated with conducting the sex offender checks are limited to staffing expenses to collect and submit the required information to NYS Division of Criminal Justice Services (DCJS) and will vary depending on the number of names to be submitted and the salary of the staff person compiling the information. It is anticipated that an entry level staff person earning the minimum wage of $7.25/hour can compile the necessary information for DCJS for 100 employees within a few hours. DCJS conducts checks of the Registry free of charge.

The expenses to distribute meningococcal disease materials to camper parents is limited to overnight camps with campers in attendance for 7 or more consecutive nights and include the cost of printing and mailing. The costs for affected overnight camps cannot be estimated as costs will vary depending on the number of campers that materials must be mailed to. It is anticipated that camps will minimize expenses by mailing the required materials along with other information already being mailed such as health forms.

Camp aquatic director qualifications:

Children's camps with bathing facilities may have an initial cost increase of approximately $60 to $160 associated with the addition of a training course in lifeguard supervision and management to the minimum qualifications for a CAD. However, future costs for the CAD position may decrease between $30 and $240 as a result of eliminating the requirement for CADs to obtain or maintain a current certification as a lifeguard or progressive swimming instructor.

There are no costs to regulated parties associated with any other proposed amendment.

Cost to Local Government:

Local governments that operate children's camps will have the same costs and savings described in the section entitled "Cost to Regulated Parties."

Because each overnight children's camp requires about four days of staff time for a local health department (LHD) to perform regulatory duties, the exclusion of each "pre-college" educational program from regulatory oversight as a camp will allow LHD staff to be used in other capacities.

The amendments to the summer day camp definition will result in an estimated 284 new summer day camps. Most LHDs will have an additional workload to perform regulatory duties.

Economic and Technological Feasibility:

There are no changes requiring the use of technology.

The proposal is believed to be economically feasible for currently regulated parties because only camps that operate a swimming pool or bathing beach will have a cost increase, as specified in the Compliance Cost section of this document. The economic feasibility for programs that will now require regulation because they meet the revised definition of a summer day camp cannot be predicted.

Minimizing Adverse Economic Impact:

The proposed rule amends the standards for children's camps to minimize risk to the public health. The proposal takes into account the resources available to camp operators and gives operators until the 2012 camp season to have a CAD obtain certification in a "lifeguard supervision and management" course. Because all children attending camp should be provided with the same level of protection, small businesses or local governments are not exempted from compliance with the regulations. Where possible the rule utilizes performance standards and provides alternatives for compliance instead of prescriptive standards. Examples include training curriculum for CAD, CPR and first aid; camp trip swimming supervision and the use of reflective triangles in addition to flares to warn approaching motorists of the presence of a stopped vehicle. A waiver allowing alternative arrangements that do not meet the provisions of the Subpart but protect the health and safety of the patrons and the public can be granted. Alternatively, 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.

Small Business Participation and Local Government Participation:

The proposed amendments are generally supported by and based in part on the recommendations received from the New York State Camp Safety Advisory Council (A nine member council, which includes a representative for municipally operated camps). In addition, outreach for comments from interested parties on the proposed regulations were sought on two separate occasions in 2008 and 2010. Some minor edits were made to the proposed amendments based on comments received.

In 2010, the Department obtained input from representatives of the New York State Association of County Health Officials for the development of the definition of nonpassive recreational activities with significant risk of injury and a guidance document to assist children's program operators and local health departments with determining if a program qualified as summer day camps.

Types and Estimated Number of Rural Areas:

There are an estimated 356 day camps and 431 overnight camps operating in the 44 counties that have population less than 200,000 and 346 day camps and 113 overnight camps in the nine counties identified to have townships with a population density of 150 persons or less per square mile.

Reporting and Recordkeeping and Other Compliance Requirements:

Reporting and Recordkeeping:

There are no reporting requirements associated with the proposed amendments.

The amendments require camps operators to maintain records of sex offender registry checks for staff and meningococcal meningitis immunization response forms for campers attending camp for seven or more consecutive nights; however, these amendments impose no additional recordkeeping on regulated parties as they incorporate existing Public Health Law (PHL) requirements into the regulation. Camp operators will be required to maintain an additional record pertaining to camp aquatics director certification in a lifeguard supervision and management course.

Other Compliance Requirements:

The summer day camp definition and permit fee amendments are necessary to be consistent with PHL and accurately define a summer day camp in this Subpart.

The proposed amendments exempt "pre-college", school, and classroom based educational programs because they are not within the intent of the regulation.

References to American Red Cross (ARC) courses are replaced with course curriculum standards for first aid and CPR certifications to better specify the minimum training requirements.

The first aid course accepted for day camps with minimal physical activity was eliminated because these programs will no longer be regulated as a result of amendments to the summer day camp definition.

Camp Aquatic Directors (CAD) minimum experience, certification, and training requirements have been clarified and improved to ensure a CAD will have the knowledge and experience to establish safe swimming programs at camps.

The percentage of 16-year-old lifeguards allowed to supervise the camp's on-site swimming activities has been increased and may make it easier for camp operators to hire a sufficient number of lifeguards. Bather safety is not compromised because required certifications ensure all lifeguards have the minimum skills and knowledge to effectively supervise swimming and each camp has an aquatics director to supervise the lifeguard staff.

The State Sex Offender Registry checks and meningococcal disease vaccination notification amendments incorporate PHL requirements into the regulation making it easier for camp operators to identify and comply with requirements to operate a children's camp.

Reflective triangles have been added as an optional warning device to alert approaching motorists of the presence of a stopped camp vehicle. Current standards require flares, which may pose a safety hazard and require special storage consideration.

For camp trips to lifeguarded bathing facilities, an option has been added for camps to provide staff members who possess training in an approved aquatic injury prevention and emergency response course instead of lifeguarding. This option ensures that camp staff has adequate training to oversee camp requirements and eliminates the need for the camp to hire a lifeguard, which is often difficult to do when the camp does not have its own bathing facility.

The wilderness swimming amendment clarifies that lifeguard staff may count toward the number of required CPR certified staff.

Amendments are proposed to respectively eliminate and reduce burdensome fire extinguishing sprinkler systems and floor area requirements of the Uniform Fire Prevention and Building Construction Code (Uniform Code) for certain simple one-story summer camp cabins that are only occupied for a few months a year.

As a result of a change to PHL, an amendment is necessary to accurately identify the PHL section that defines the term "officers" that is referenced.

Professional Services:

There are no professional services required to comply with the proposed amendments.

Compliance Costs:

Cost to Regulated Parties:

The amendment to exclude college level educational programs from regulation as a children's camp will have cost savings of the $100 permit fee ($200 starting April 1, 2011), and any administrative, staffing, or other costs required for compliance with Subpart 7-2 of the SSC for programs no longer requiring regulation.

The amendments for camp trip swimming may result in an estimated cost savings between $160 to $225 when a specially trained staff member is utilized instead of hiring a lifeguard.

The amendment for wilderness swimming may result in an estimated cost savings of $67 to $120 for training additional CPR staff in instances that the regulation was misunderstood and lifeguards were not counted toward the CPR requirement.

The amendment, which eliminates the Uniform Code requirement for fire-extinguishing sprinkler systems in certain newly constructed camp cabins, will result in cost savings to regulated parties when constructing these cabins. The cost savings will vary depending on each building's design/layout and water supply. One fire sprinkler design and installation company estimated the cost savings for a camp cabin to range from $8,000 to $12,500 depending on the camp's water supply/system. Additional cost savings, which cannot be estimated, may be associated with the electrical service, fire alarm system, and other unique needs of the cabin associated with a sprinkler system installation.

Summer day camp definition, and school and classroom based educational program exemptions:

Children's programs that now qualify as a summer day camp will have operating cost increases including a statutory $200 permit fee and any additional costs required for compliance with Subpart 7-2 of the SSC. The cost for newly regulated operators will vary depending on the current level of compliance of the program with Subpart 7-2 requirements and cannot be estimated.

Adding exemptions to the regulation for schools and summer classroom based educational programs ensures these programs will have no costs associated with this regulation.

Sex Offender Registry Checks and Meningococcal Disease Information:

The amendments for staff sex offender registry background checks and the distribution of meningococcal disease information incorporate existing PHL requirements into the regulation and have already been implemented by regulated parties. Costs associated with conducting the sex offender checks are limited to staffing expenses to collect and submit the required information to NYS Division of Criminal Justice Services (DCJS) and will vary depending on the number of names to be submitted and the salary of the staff person compiling the information. It is anticipated that an entry level staff person earning the minimum wage of $7.25/hour can compile the necessary information for DCJS for 100 employees within a few hours. DCJS conducts checks of the Registry free of charge.

The expenses to distribute meningococcal disease materials to camper parents is limited to overnight camps with campers in attendance for 7 or more consecutive nights and include the cost of printing and mailing. The costs for affected overnight camps cannot be estimated as costs will vary depending on the number of campers that materials must be mailed to. It is anticipated that camps will minimize expenses by mailing the required materials along with other information already being mailed such as health forms.

Camp aquatic director qualifications:

Children's camps with bathing facilities may have an initial cost increase of approximately $60 to $160 associated with the addition of a training course in lifeguard supervision and management to the minimum qualifications for a CAD. However, future costs for the CAD position may decrease between $30 to $240 as a result of eliminating the requirement for CADs to obtain or maintain a current certification as a lifeguard or progressive swimming instructor.

There are no costs to regulated parties associated with any other proposed amendment.

Economic and Technological Feasibility:

There are no changes requiring the use of technology.

The proposal is believed to be economically feasible for currently regulated parties because only camps that operate a swimming pool or bathing beach will be impacted, as specified in the Compliance Costs section of this document. The economic feasibility for programs that will now require regulation because they meet the revised definition of a summer day camp cannot be predicted.

Minimizing Adverse Economic Impact on Rural Areas:

The proposed rule amends the standards for children's camps to minimize risk to the public health. The proposal takes into account the resources available to camp operators and gives operators until the 2012 camp season to have a CAD obtain certification in a "lifeguard supervision and management" course. Because all children attending camp should be provided with the same level of protection, rural areas are not exempted from compliance with the regulation. Where possible the rule utilizes performance standards and provides alternatives for compliance instead of prescriptive standards. Examples include training curriculum for CAD, CPR and first aid; camp trip swimming supervision and the use of reflective triangles in addition to flares to warn approaching motorists of the presence of a stopped vehicle. A waiver allowing alternative arrangements that do not meet the provisions of the Subpart but protect the health and safety of the patrons and the public can be granted. Alternatively, 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.

Rural Area Participation:

The proposed amendments are generally supported by and based in part on the recommendations received from the New York State Camp Safety Advisory Council (nine member council, which includes a representative for municipally operated camps). In addition, outreach for comments from interested parties on the proposed regulations were sought on two separate occasions in 2008 and 2009. Some minor edits were made to the proposed amendments based on comments received.

In 2010, the Department obtained input from representatives of the New York State Association of County Health Officials for the development of the definition of nonpassive recreational activities with significant risk of injury and a guidance document to assist children's program operators and local health departments with determining if a program qualified as summer day camps.

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 opportunities, because it does not result in an increase or decrease in current staffing level requirements. The amendment will require some additional training of existing facility staff at camps with on-site aquatic programs. The minimal task associated with the distribution and collection of meningococcal disease materials, and sex offender registry checks can be completed by existing camp staff.