Relates to the applicability of the uniform fire prevention and building code to children's overnight camps

Justification

By clarifying that the regulations of the New York State Department of Health (DOH) pertaining to summer camps are not superseded by the New York State Uniform Fire Prevention and Building Code (Fire Code) , confusion and inconsistency will be corrected. The prospect of inconsistent enforcement through redundant inspection by two officials from separate departments will be eliminated.

The Fire Code and the New York State Public Health Law Sanitary Code set forth conflicting standards in relation to Summer Camp Cabins. The New York Public Health Law delegates authority to the DOH to regulate all children's camps. The Sanitary Code is the body of DOH regulations for the operation of such children's camps to protect the health and safety of children. With this special focus on children's camps, the Sanitary Code sets forth regulations on everything from food services, transportation and counselor credentials, to building construction, medical personnel and fire safety. The regulations require that the camp operator develop and annually review a written camp safety plan that includes specifications for personnel, facility operations, camper supervision, emergency procedures, and fire safety. The emergency fire safety portion of the camp safety plan must be submitted to the local fire district or department. The regulations that are relevant to safety in residential areas specify that a smoke detector be installed in all sleeping units, that all doors swing in the direction of egress, and that fire drills be held within the first 48 hours of each camping session and periodically thereafter. Furthermore, the Sanitary Code provides guidelines that determine the maximum occupancies of different sleeping quarters such that, depending on the number of persons in the cabin and the type of bed used, different amounts of floor area is required per person.

However, Article 18 of the New York State Executive Law authorizes the Department of State to create standards for the Fire Code and specifies that the Fire Code "shall supersede any other provision of general, special or local law, ordinance, administrative code, rule or regulation inconsistent or in conflict therewith..." The Fire Code sets occupancy limits for different classifications of structures, but the Fire Code does not have a specific classification for summer camp cabins. Therefore, a summer camp cabin is pigeonholed into the same classification as a dormitory or hotel.

Summer camp cabins are so significantly different from dormitories and hotels that it is inappropriate to regulate them as such. Dormitories and hotels are structures that pose a set of fire and safety risks far different and significantly greater than those created by summer camp cabins. Summer camp cabins are unique in that they are seasonally used, small, simple structures, with no heating systems, no ranges or cooking appliances, and only limited electrical hookups. In essence, summer camp cabins are bare bones shelters that are not even remotely like dormitories or hotels.

Currently, two officials, a health inspector and codes enforcement, inspect camp cabins for safety. As they are both conducting inspections for the same purpose, the dual inspections are unnecessary and wasteful use of taxpayers' dollars. Moreover, local code enforcement officials sometimes assign inconsistent classifications to cabins depending on where the camp is located. Because DOH has a particular focus on camps and expertise in that area, they should determine the standards for cabins and should not be overruled by the general occupancy rules of the Fire Code.

Prior legislative history

New bill.

Fiscal implications

May reduce costs of duplicative inspections

Effective date

Immediately.