Division of Environmental Health

Protection

Michael Cambridge, DirectorOctober 8, 2013

Regulatory Updates

• BCEHFP– Tanning

– Tattoo & Body Piercing

– Children’s Camps

– Tobacco

• BWSP– Roger Sokol will provide an update

Tanning Facilities (Subpart 72-1, Title 10, NYCRR)

• New York State Register - the 45 day public comment period for the proposed amendments to the regulations ended September 28, 2013.

- Regulations were updated to reflect the minimum age requirements listed in PHL and to place the authority of a local health department to conduct the program into the regulation.

- One comment received – not substantive.• Next step – regulations will be filed on October 22nd with the

Department of State for publishing in the State Register for adoption on November 6, 2013.

Proposed Subpart 72-2 Body Art

Received over 150 comments from NYSACHO, NYC, regions, district offices and local health departments on the draft regulations. Currently being reviewed.

Subpart 7-2 Children’s Camps

NYS Justice Center•The legislation identifies children’s camps for children with developmental disabilities to be within the oversight of the Justice Center.

•It required the Department of Health to promulgate regulations approved by the Justice Center pertaining to staffing requirements and incident management.

Amendments to Subpart 7-2

• Emergency regulations went into effect on June 30, 2013.

• Only applies to Children’s Camps with 20% or more campers that have a developmental disability.

• 2013 season total was 47 of the approximately 2800 camps.• 27 day camps• 20 overnight camps

Justice Center Vulnerable Persons Central Register

• 2013 season - 13 incident reports received.– Justice Center lead investigationso 2 abuse/neglect allegations o 1 significant incident (associated with a case of

abuse/neglect)– LHD lead investigations:o 6 significant incidentso 4 incidents reported to the Justice Center that were not

categorized as reportable (referred for follow-up as appropriate)

Amendments to Subpart 7-2

Modifications to the emergency regulations are anticipated for 2014 including:

•Clarifications to the definition of “significant incidents” that require reporting to the Justice Center

•Less specific requirements for LHD investigation of significant incidents

•Permanent regulations will follow shortly thereafter

Amusement Devices at Children’s Camps

• Department of Health (DOH) and Department of Labor (DOL) finalized a Memorandum of Understanding to eliminate overlapping oversight responsibilities

• DOL has issued a statewide variance to allow DOH oversight

Amusement Devices at Children’s Camps

• Covered devices: climbing walls with mechanical belays, zip lines, high rope courses, canopy tours, euro bungees, water slide 20 feet or taller, and similar non-motorized devices

• Not covered: low rope courses, water trampolines, any motorized device, or other devices agreed upon by DOH and DOL

Children’s Camps – Amusement Devices Memorandum of Understanding

• Preseason inspection of devices by a qualified individual (ACCT, P.E., Amusement Ride Safety Officials, other qualified individuals)

• DOH must ensure camps have purchased insurance or posted cash or other security in an amount not less than one million dollars ($1,000,000) per occurrence

• LHDs conduct operational inspections• LHD notifies BCEHFP if camp is noncompliant

with the variance

Tobacco Enforcement Updates

Adolescent Tobacco Use Prevention Act (ATUPA)

•2013-2014 Contracts – Awaiting Division of Budget approval

•Annual report on web site for Oct. 2010 – March 2012

•FDA – Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) became law on June 22, 2009 and gave the FDA the authority to regulate the manufacture, distribution, and marketing of tobacco products to protect public health.

Numerous attempts were made to have FDA recognize the current efforts of local enforcement officials but were unsuccessful

FDA has hired a private contractor to recruit inspectors to begin their work

Appears to be targeting local health department staff for part-time work

Tobacco Enforcement Updates

Clean Indoor Air Act

•Guidance is being developed regarding Chapter 179 of the Laws of 2013 - Smoking on the Grounds of Hospitals and Residential Health Care Facilities. Effective October 29, 2013

- Prohibits smoking within 15’ of the grounds

•Guidance provided regarding Chapter 102 of the Laws of 2013 – Smoking Restrictions on Playgrounds. Effective October 12, 2013.

- Prohibits smoking on playgrounds between the hours of sunrise and sunset when one or more children under 12 years of age are present.

Sewage Pollution Right to Know Act: Bathing Beaches

• Sewage Contamination at a Bathing Beach is a PHH

• Public Health Actions• Immediate Closure of Operating Bathing Beaches

• Determine Proximity of Outfall to Bathing Beaches

• Consider Operator Notification and Beach Closure

Sewage Pollution Right to Know Act: Bathing Beaches

• Assess Vulnerability• Volume and Duration of Sewage Contamination Event

• Environmental Conditions

• Historical Records

• Monitoring Results

• Re-Opening of Beach• Beach is no longer impacted by event

• Water Quality

BCEHFP Program UpdatesHealthy Neighborhoods Program (HNP)

• Current programs are funded under a 6 month contract extension through March 31, 2014.

• Awaiting approval to release the Request for Applications (RFA) package.

• Goal is to have contracts awarded by April 1, 2014.