PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Subpart 6-3 to Title 10 NYCRR.
Statutory authority:
Public Health Law, section 225
Finding of necessity for emergency rule:
Preservation of public health.
Specific reasons underlying the finding of necessity:
During the summer of 2005, approximately 4,000 patrons of the Seneca Lake State Park spray ground became ill with cryptosporidiosis as a result of exposure to the spray ground water.
This type of aquatic facility poses a significant risk of illness to the patrons due to the design which involves the collection and recirculation of the sprayed water. To prevent a similar illness outbreak involving this type of recreational aquatic activity, spray ground design and operation regulations are necessary.
Emergency adoption of the new regulations is necessary to provide the operators of existing facilities with adequate time to evaluate facilities, complete an engineering report and make modifications, as needed, prior to use. Proposed facilities will be able to utilize the design standards to ensure new facilities are in compliance.
Subject:
Recreational aquatic spray grounds.
Purpose:
To establish standards for the safe and sanitary operation of recreational aquatic spray grounds that re-circulate water.
Substance of emergency rule:
The proposed Subpart contains the following provisions:
Recreational aquatic spray grounds (spray ground) are defined and spray ground owners are required to obtain an annual permit to operate from the local health department (LHD) having jurisdiction in the county that the spray ground is located.
Design standards for new and existing spray grounds are established. The standards including requirements for disinfection (chemical and ultraviolet) and filtration equipment, as well as, requirements for spray pad, spray pad treatment tank, decking and spray pad enclosure construction and design.
Existing spray ground operators must provide a report to the LHD which evaluates compliance with the design criteria contained in the regulation and needed improvements. The report must be prepared by a New York State licensed professional engineer and submitted to the LHD at least 90 days prior to operation.
LHDs must follow the recommendations of the State Health Department prior to accepting or denying alternative designs for new and existing spray grounds.
Operation and maintenance standards are established including daily start-up procedures, minimum disinfection levels, filtration rates, water quality standards and general safety provisions. The spray ground operator must maintain daily operation records.
On-site water supplies, toilet facilities, and sanitary wastewater treatment systems must comply with sanitary and operation standards.
Spray grounds must be supervised when open for use and must be maintained by a qualified swimming pool water treatment operator.
Spray ground operators must develop, update and implement a written safety plan consisting of procedures for patron supervision, injury prevention, reacting to emergencies, injuries and other incidents providing first aid and assistance.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously published a notice of proposed rule making, I.D. No. HLT-52-06-00004-P, Issue of December 27, 2006. The emergency rule will expire May 7, 2007.
Text of emergency rule and any required statements and analyses may be obtained from:
William Johnson, Department of Health, Division of Legal Affairs, Office of Regulatory Reform, Corning Tower, Rm. 2415, Empire State Plaza, Albany, NY 12237, (518) 473-7488, fax: (518) 486-4834, e-mail: regsqna@health.state.ny.us
Summary of Regulatory Impact Statement
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. PHL Sections 225(5)(a) and 201(1)(m) authorize SSC regulation of the sanitary aspects of businesses and activities affecting public health.
Needs and Benefits:
During the summer of 2005, approximately 3,000 patrons of the Seneca Lake State Park spray ground became ill with cryptosporidiosis as a result of exposure to the spray ground water. This type of aquatic facility poses a significant risk of illness to the patrons due to the design, which involves the collection and recirculation of sprayed water. To prevent future illness outbreaks involving this type of aquatic activity, spray ground design and operation regulations are necessary including design criteria for new and existing spray grounds for water recirculation, filtration and disinfection (chemical and ultraviolet), electrical safety and spray pad enclosure.
Additionally, the regulation contains requirements for obtaining an annual permit to operate from the state or local health department (LHD) having jurisdiction, as well as, other bathhouse, personnel, potable water supply, wastewater disposal and general safety requirements.
Regulated Parties:
Statewide in 2005, there were thirty-two seasonally operated spray grounds that use re-circulated water. Four additional spray grounds are under construction. Until the emergency regulations became effective on January 18, 2006, spray ground operations were not regulated by the SSC. Of the 36 existing and proposed spray grounds, 14 have submitted the required engineering report and plans for installation of ultraviolet disinfection systems and other necessary modifications, and 5 indicated they will not meet the spray ground definition because they plan to discharge feature water to waste, therefore regulatory compliance is not necessary. The proposed regulation clarifies of certain requirements but is consistent with the emergency regulation effective April 18, 2006.
Costs to Regulated Parties:
There may be significant cost to spray grounds operators for water recirculation, filtration and disinfection (chemical and ultraviolet) improvements and additions. Additionally there will be expenses associated with an engineering report, which addresses the design criteria, and other miscellaneous improvements.
Government:
The printing and distribution the new Code and the corresponding revised inspection report will be a minimal State Health Department expense. There may be additional costs to some city and county health departments that enforce the proposed rule, because the proposed rule will increase the number of facilities regulated by some of these agencies. LHD's are expected to use existing staff to for the workload because of the low number of spray grounds in a jurisdiction.
The costs to municipally operated spray grounds are described above in Costs to Regulated Parties.
This regulation does not duplicate any existing federal, state or local regulations.
Alternatives Considered:
Several treatment options were considered for control of cryptosporidium including the use of ozone, membrane filtration, dilution and patron control. UV disinfection was selected as the code standard because of its effectiveness and appropriateness for the high flow rates of spray grounds. Other treatment options that can be documented to effectively remove cryptosporidium are acceptable in the proposed regulation.
Compliance Schedule:
The proposed regulation will be effective upon publication of a notice of adoption in the State Register.
Regulatory Flexibility Analysis
Effect on small business and local government:
There are thirty-two (32) recreational aquatic spray grounds (spray grounds) in New York State and four that are under construction. Eighteen (18) of the thirty-six (36) are or will be operated by local governments.
Compliance requirements:
Reporting and Recordkeeping:
A spray ground operator must maintain daily operation records of the recreational aquatic spray ground including disinfection levels, bather usage and other maintenance. A copy of the records must be maintained at the facility for 12 months.
Facilities that are required to disinfect their potable water supply must maintain daily records of the potable water system disinfection. Forms will be provided by the permit-issuing official and require monthly submittal to the permit-issuing official.
Injury and illness that occur at a spray ground must be reported by the owner/operator to the permit-issuing official within 24 hours of its occurrence and recorded in a logbook.
A written safety plan must be developed and implemented. The safety plan must contain procedures for daily patron supervision, injury prevention, reacting to emergencies, injuries and other incidents, providing first aid and summoning help. The safety plan must be approved by the permit-issuing official and maintained at the spray ground.
Other affirmative acts:
Spray ground owners are required to obtain an annual permit to operate from the local health department (LHD) having jurisdiction in the county that the facility is located.
Design criteria for new and existing spray grounds are established to assure safe and sanitary spray ground operation.
1. Water recirculation, filtration and disinfection (chemical and ultraviolet) standards are established to assure all water that is sprayed onto patrons is free of pathogens. Filtration is essential for effective disinfection. Both ultraviolet (UV) and chemical disinfection are required because UV is necessary to destroy cryptosporidium and chemical disinfection is effective for many other pathogens normally associated with swimming pools.
2. Spray pad and spray pad treatment tank construction standards ensure that there is no standing water on the spray pad, the spray pad is slip resistant, and the spray pad and spray pad treatment tank do not promote bacterial growth or harbor pathogens.
3. Electrical standards protect patrons from electrocution.
4. Spray pad enclosure requirements prevent access to the pad by people and animals during non-supervised time periods. Preventing access will reduce contaminants that can enter the recirculation system.
To ensure compliance with the regulation, spray grounds existing prior to January 18, 2006 effective date of initial emergency regulation) are required to submit an engineering report addressing the design criteria specified in the regulation. Reports must be prepared by a professional engineer and identify areas of non-compliance with the regulation and include recommendations for correcting the identified deficiencies.
Personnel:
Spray grounds must provide at least one supervisory staff to provide periodic supervision of the spray pad. Supervisory staff is necessary to control patron activities and respond to events that can affect patron health and safety.
Spray feature water treatment systems must be maintained by a qualified swimming pool water treatment operator to assure continuous and proper operation of water treatment equipment.
Safety:
Signs, which contain seven rules and warning statements, must be posted at the spray pad or enclosure/entrance and bathhouse/toilet facilities. The statements inform the patrons that the water is recirculated (not potable) and highlights the practices to reduce the potential for the contamination of the spray ground water.
First aid equipment must be provided at the spray ground unless otherwise specified in the safety plan.
A written safety plan must be developed and implemented. The safety plan must contain procedures for daily patron supervision, injury prevention, reacting to emergencies, injuries and other incidents, providing first aid and summoning help. The safety plan must be approved by the permit-issuing official and maintained at the spray ground.
Potable water supply and waste water disposal:
Potable water supplies serving the spray ground must comply with Subpart 5-1 of the State Sanitary Code. On-site water supplies that do not meet the definition of a Public Water supply must comply with the requirements in Subpart 5-1 for non-community water supplies.
Sewage and other wastewater must be disposed of in acceptable sanitary facilities.
Bathhouse and foot shower:
Adequate sanitary facilities are required including toilets, lavatories, refuse disposal, diaper changing areas and foot showers. The presence and maintenance of conveniently located toilet facilities, diaper changing areas and foot shower will help eliminate diaper changing on or near the spray pad and reduce the potential for spray pad contamination.
Professional services:
Operators of existing spray grounds must submit an engineering report that addresses the design criteria contained in the proposed Subpart. Reports must be prepared by a professional engineer and identify areas of non-compliance with the regulation and include recommendations for correcting the identified deficiencies. Spray grounds that require modifications to the existing equipment and plumbing will require additional engineering services related to design modification(s).
A qualified swimming pool water treatment operator must maintain the spray pad water treatment system. Facilities that do not currently employee such personnel may hire a company to provide the service or send a current employee to become certified.
Compliance costs:
The proposed rule has cost impacts that affect thirty-two (32) existing seasonally operated spray grounds and four spray grounds that are under construction.
Existing spray grounds must submit an engineering report that addresses the design criteria contained in the proposed Subpart. Some facilities may have existing reports that can be submitted; however, those that do not have an adequate existing report will need to hire a licensed professional engineer to prepare one. Cost estimates for the report range between $2,000 and $20,000. The cost is expected to be at the lower end of the range because spray ground operators will most likely utilize engineering firms that are already familiar with the facility and therefore require less time to prepare the report.
Spray grounds that require modifications to the existing equipment and plumbing incur additional cost. The estimated cost for engineering services related to design modification(s) range from 6% to 15% of the project cost.
The estimated cost for other modifications are as follows:
Spray Ground Feature Water Treatment:
Ultraviolet (UV) disinfection equipment cost will vary based on the spray ground feature flow rate. Costs are based on estimates provided by two leading UV reactor manufacturers.
Flow rate (gpm)
UV reactor cost
Installation1
Lamp replacement2
50
$6,585 – $12,000
$1,930 – $4,000
$240 – $500
100
$9,000 – $17,500
$2,050 – $4,000
$480 – $500
140 – 150
$13,800 – $19,000
$2,290 – $4,500
$600 – $720
250
$20,965 – $23,000
$2,650 – $5,000
$600 – $840
500
$29,355 – $31,000
$3,068 – $5,500
$700 – $1,680
1,000 – 1,300
$34,000 – $42,225
$3,712 – $6,000
$700 – $2,320
2,000 – 2,300
$40,000 – $50,000
$4,100 – $7,000
$800 – $3,480
1 UV reactor installation includes necessary labor and supplies for plumbing and electrical connection.
2 Lamp replacement is anticipated to be once every 4–5 years for seasonally operated facilities.
The cost to operate UV reactors ranges from $30 to $875 per season for electric and $350 to $450 for cleaning and other maintenance.
Spray grounds that do not have adequate treatment tank filtration will require an additional pump and filtration. The pump and filter costs are based on the volume of water to be filtered. Costs range between $350 and $620 for pumps and $350 and $850 for filters. The number of required filters varies for each facility and cannot be estimated.
The proposed regulation requires spray grounds to have an automatic chemical controller for monitoring and adjusting the disinfectant and pH levels in the treatment tank. The cost for a chemical controller is between $1800 and $4,200 plus installation.
Each spray ground is required to have valves and piping in the spray pad drain system to allow for discharging water to waste prior entering the spray pad treatment tank. The cost of installing a water diversion valve will vary based on the accessibility of piping at the point where the valve must be installed. Cost estimates range between $750 and $6,400.
Bathhouse/foot shower:
Some spray grounds may need to replace or add bathhouse facilities and/or foot showers when insufficient facilities are provided. The need and cost for additional fixtures will vary greatly by facility and cannot be estimated.
Personnel:
Spray grounds must be provided with periodic supervision. Most spray grounds will have acceptable staff already on-site fulfilling this role and will incur no additional expense. Spray grounds that do not have staff to periodically supervise the facility will have a cost increase associated with hiring someone or reassigning staff to perform supervisory duties. Staff may perform other duties such as facility maintenance in addition to performing the supervisory responsibilities. The minimum wage is currently $6.75 an hour.
A qualified swimming pool water treatment operator must maintain the spray pad water treatment system. Facilities that do not currently employee such personnel may hire a company to provide the service or send a current employee to a course to become certified. Courses to become certified as a qualified swimming pool water treatment operator cost approximately $280. The cost of hiring a company to provide the service is $6,000 a season.
Miscellaneous expenses:
Spray grounds must be enclosed to prevent access by people and animals during non-supervised time periods. The cost of enclosures varies depending on the style. Fencing cost range from $9.00 a lineal foot to $23.00 per foot which includes installation. Some fence installation types include the cost of a gate while others have an additional gate charge.
Facilities must post signs stating seven rules/warning statements. The cost of a 2 feet by 3 feet commercially prepared sign ranges from $85 to $400. Two signs are required at each facility.
Spray grounds are required to have a 24-unit first aid kit or adequate first aid supplies. The cost of a 24-unit first aid kit is between $25 and $75. Purchasing first aid supplies to satisfy the requirement will cost less.
Economic and technological feasibility:
The proposal is technologically feasible because it requires the use of existing technology. The overall economic feasibility cannot be predicted at this time because the economic feasibility for each regulated spray ground is dependent upon the financial condition of that spray ground and the extent to which that spray ground must undertake additional actions to comply with the requirements of this regulation.
Minimizing adverse economic impact:
The proposed rule establishes standards for recreational aquatic spray grounds to minimize risk to the public health. Should this rule have a substantial adverse impact on a particular facility, a waiver of one or more requirements other than spray ground feature water disinfection (chemical and ultraviolet or accepted equivalent) and filtration, will be considered, so long as alternative arrangements protect public health and safety. Alternatively, 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:
During the development of the emergency regulation, the Department met with design professionals and industry representatives on one occasion and had numerous telephone conversations to develop a better understanding of spray ground operation, particularly concerning spray ground feature water recirculation and treatment, and incorporated the information into the proposed regulation.
Rural Area Flexibility Analysis
Types and estimated number of rural areas:
There are thirty-six (36) recreational aquatic spray grounds (spray grounds) in New York State grounds including four that are under construction. Approximately half are located in rural areas.
Reporting, recordkeeping and other compliance requirements:
A spray ground operator must maintain daily operation records of the recreational aquatic spray ground including disinfection levels, bather usage and other maintenance. A copy of the records must be maintained at the facility for 12 months.
Facilities that are required to disinfect their potable water supply must maintain daily records of the potable water system disinfection. Forms will be provided by the permit-issuing official and require monthly submittal to the permit-issuing official.
Injury and illness that occur at a spray ground must be reported by the owner/operator to the permit-issuing official within 24 hours of its occurrence and recorded in a logbook.
Spray ground owners are required to obtain an annual permit to operate from the local health department (LHD) having jurisdiction in the county that the facility is located.
Design criteria for new and existing spray grounds is established to assure safe and sanitary spray ground operation.
(1) Water recirculation, filtration and disinfection (chemical and ultraviolet) standards are established to assure all water that is sprayed onto patrons is free of pathogens. Filtration is essential for effective disinfection. Both ultraviolet (UV) or other acceptable equivalent, and chemical disinfection are required because UV is necessary to destroy cryptosporidium and chemical disinfection is effective for many other pathogens normally associated with swimming pools.
(2) Spray pad and spray pad treatment tank construction standards ensure that there is no standing water on the spray pad, the spray pad is slip resistant, and the spray pad and spray pad treatment tank do not promote bacterial growth or harbor pathogens.
(3) Electrical standards protect patrons from electrocution.
(4) Spray pad enclosure requirements prevent access to the pad by people and animals during non-supervised time periods. Preventing access will reduce contaminants that can enter the recirculation system.
To ensure compliance with the regulation, existing spray grounds are required to submit an engineering report addressing the design criteria specified in the regulation. Reports must be prepared by a professional engineer and identify areas of non-compliance with the regulation and include recommendations for correcting the identified deficiencies.
Personnel:
Spray grounds must provide at least one supervisory staff to provide periodic supervision of the spray pad. Supervisory staff is necessary to control patron activities and respond to events that can affect patron health and safety.
Spray feature water treatment systems must be maintained by a qualified swimming pool water treatment operator to assure continuous and proper operation of water treatment equipment.
Safety:
Signs, which contain seven rules and warning statements, must be posted at the spray pad or enclosure/entrance and bathhouse/toilet facilities. The statements inform the patrons that the water is recirculated (not potable) and highlights the practices to reduce the potential for the contamination of the spray ground water.
First aid equipment must be provided at the spray ground unless otherwise specified in the safety plan.
A written safety plan must be developed and implemented. The safety plan must contain procedures for daily patron supervision, injury prevention, reacting to emergencies, injuries and other incidents, providing first aid and summoning help. The safety plan must be approved by the permit-issuing official and maintained at the spray ground.
Potable water supply and waste water disposal:
Potable water supplies serving the spray ground must comply with Subpart 5-1 of the State Sanitary Code. On-site water supplies that do not meet the definition of a Public Water supply must comply with the requirements in Subpart 5-1 for non-community water supplies.
Sewage and other wastewater must be disposed of in acceptable sanitary facilities.
Bathhouse and foot shower:
Adequate sanitary facilities are required including toilets, lavatories, refuse disposal, diaper changing areas and foot showers. The presence and maintenance of conveniently located toilet facilities, diaper changing areas and foot showers will help eliminate diaper changing on or near the spray pad and reduce the potential for spray pad contamination.
Professional services:
Operators of spray grounds existing prior to January 18, 2006 (effective date of the initial emergency regulation) must submit an engineering report that addresses the design criteria contained in the proposed Subpart. Reports must be prepared by a professional engineer and identify areas of non-compliance with the regulation and include recommendations for correcting the identified deficiencies. Spray grounds that require modifications to the existing equipment and plumbing will require additional engineering services related to design modification(s).
A qualified swimming pool water treatment operator must maintain the spray pad water treatment system. Facilities that do not currently employee such personnel may hire a company to provide the service or send a current employee to become certified.
Costs:
The proposed rule has cost impacts that affect thirty-two (32) existing seasonally operated spray grounds and four spray grounds that are under construction.
Existing spray grounds must submit an engineering report that addresses the design criteria contained in the proposed Subpart. Some facilities may have existing reports that can be submitted; however, those that do not have an adequate existing report will need to hire a licensed professional engineer to prepare one. Cost estimates for the report range between $2,000 and $20,000. The cost is expected to be at the lower end of the range because spray ground operators will most likely utilize engineering firms that are already familiar with the facility and therefore require less time to prepare the report.
Spray grounds that require modifications to the existing equipment and plumbing incur additional cost. The estimated cost for engineering services related to design modification(s) range from 6% to 15% of the project cost.
The estimated cost for other modifications are as follows:
Spray Ground Feature Water Treatment:
Ultraviolet (UV) disinfection equipment cost will vary based on the spray ground feature flow rate. Costs are based on estimates provided by two leading UV reactor manufacturers.
Flow rate (gpm)
UV reactor cost
Installation1
Lamp replacement2
50
$6,585 – $12,000
$1,930 – $4,000
$240 – $500
100
$9,000 – $17,500
$2,050 – $4,000
$480 – $500
140 – 150
$13,800 – $19,000
$2,290 – $4,500
$600 – $720
250
$20,965 – $23,000
$2,650 – $5,000
$600 – $840
500
$29,355 – $31,000
$3,068 – $5,500
$700 – $1,680
1,000 – 1,300
$34,000 – $42,225
$3,712 – $6,000
$700 – $2,320
2,000 – 2,300
$40,000 – $50,000
$4,100 – $7,000
$800 – $3,480
1 UV reactor installation includes necessary labor and supplies for plumbing and electrical connection.
2 Lamp replacement is anticipated to be once every 4–5 years for seasonally operated facilities.
The cost to operate UV reactors ranges from $30 to $875 per season for electric and $350 to $450 for cleaning and other maintenance.
Spray grounds that do not have adequate treatment tank filtration will require an additional pump and filtration. The pump and filter costs are based on the volume of water to be filtered. Costs range between $350 and $620 for pumps and $350 and $850 for filters. The number of required filters varies for each facility and cannot be estimated.
The proposed regulation requires spray grounds to have an automatic chemical controller for monitoring and adjusting the disinfectant and pH levels in the treatment tank. The cost for a chemical controller is between $1800 and $4,200 plus installation.
Each spray ground is required to have valves and piping in the spray pad drain system to allow for discharging water to waste prior entering the spray pad treatment tank. The cost of installing a water diversion valve will vary based on the accessibility of piping at the point where the valve must be installed. Cost estimates range between $750 and $6,400.
Bathhouse/foot shower:
Some spray grounds may need to replace or add bathhouse facilities and/or foot showers when insufficient facilities are provided. The need and cost for additional fixtures will vary greatly by facility and cannot be estimated.
Personnel:
Spray grounds must be provided with periodic supervision. Most spray grounds will have acceptable staff already on-site fulfilling this role and will incur no additional expense. Spray grounds that do not have staff to periodically supervise the facility will have a cost increase associated with hiring someone or reassigning staff to perform supervisory duties. Staff may perform other duties such as facility maintenance in addition to performing the supervisory responsibilities. The minimum wage is currently $6.75 an hour.
A qualified swimming pool water treatment operator must maintain the spray pad water treatment system. Facilities that do not currently employee such personnel may hire a company to provide the service or send a current employee to a course to become certified. Courses to become certified as a qualified swimming pool water treatment operator cost approximately $280. The cost of hiring a company to provide the service is $6,000 a season.
Miscellaneous expenses:
Spray grounds must be enclosed to prevent access by people and animals during non-supervised time periods. The cost of enclosures varies depending on the style. Fencing cost range from $9.00 a lineal foot to $23.00 per foot which includes installation. Some fence installation types include the cost of a gate while others have an additional gate charge.
Facilities must post signs stating seven rules/warning statements. The cost of a 2 feet by 3 feet commercially prepared sign ranges from $85 to $400. Two signs are required at each facility.
Spray grounds are required to have a 24-unit first aid kit or adequate first aid supplies. The cost of a 24-unit first aid kit is between $25 and $75. Purchasing first aid supplies to satisfy the requirement will cost less.
Minimizing adverse economic impact on rural areas:
The proposed rule establishes standards for recreational aquatic spray grounds to minimize risk to the public health. Should this rule have a substantial adverse impact on a particular facility, a waiver of one or more requirements other than spray ground feature water disinfection (chemical and ultraviolet or accepted equivalent) and filtration, will be considered, so long as alternative arrangements protect public health and safety. Alternatively, 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:
During the development of the emergency regulation, the Department met with design professionals and industry representatives on one occasion and had numerous telephone conversations to developed a better understanding of spray ground operation, particularly concerning spray ground feature water recirculation and treatment, and incorporated the information into the proposed regulation.
Job Impact Statement
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 not have a substantial adverse impact on jobs and employment opportunities.
Assessment of Public Comment
In response to the December 27, 2006 notice in the State Register, a total of 2 written comments were received during the public comment period. Written comments were received from the Chief of the Bureau of Public Health Protection of the Suffolk County Department of Health (SCDH) and the Vice President of Properties for the YMCA of Greater Rochester.
The following reflects the concerns expressed by those who commented and the Department's response:
Spray Ground Capacity:
The SCDH representative indicated that “health and safety” would be enhanced by requiring a spray ground operator to establish and post patron capacity. He noted: “Overcrowding makes supervision difficult and adds to pollution entering the treatment system. While design standards are based on water flow, the level of contamination within the returned water for a given period is increased with a corresponding increase in users. Limiting the number of users at any one time to the design capacity appears appropriate. The required posting of a sign would enhance supervision and provide a monitoring point during inspection.”
Response:
No change is proposed. The Department considered establishing a maximum capacity for the number of patrons allowed on a spray pad to address potential safety concerns but rejected the idea as there was no identifiable basis for such a limit. The Department believed that operators of spray grounds can restrict the number of patrons, if needed, to address individual facility operating conditions/concerns.
Patron introduced contaminants and turbidity levels were taken into consideration when developing the water treatment (filtration and disinfection) requirements.
Documentation of Injuries:
The YMCA representative addressed the Regulatory Flexibility Analysis and questioned if clarification is needed regarding the types of injuries and illness required to be reported. Specifically, the need to record minor injuries such as bumps, scrapes and cuts, or if such documentation should primarily focus on ailments directly related to water quality.
Response:
No change is proposed. The injuries or illnesses that must be documented and reported are further clarified and specified in section 6-3.7 of the regulation. These include all incidents that: result in death, require resuscitation, require referral to a hospital or other facility for medical attention, or is an illness alleged to be associated with the spray ground water quality.
Equipment Cost Estimates:
One commenter stated that the Regulatory Impact Statement's cost estimates may be “a little low” compared to their own estimates but acknowledged it is possible that cost can vary.
Response:
No change is proposed. The Department's cost estimates for regulatory compliance were obtained from equipment manufacturers, service providers and engineering firms.
