Relates to permitting requirements for children's camps; repealer

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.