N.Y. Public Health Law § 1341: Bathing places; safety requirements; ropes and life preservers

§ 1341. Bathing places; safety requirements; ropes and life

preservers. 1. (a) It shall be the duty of every person maintaining, as

owner or lessee, any bathing establishment of any kind along the

seashore of this state for the accommodation of persons for pay, to

provide, for the safety of such bathers, two lines of sound, serviceable

and strong manila or hemp rope, not less than one inch in diameter,

anchored at some point above high water, at the same distance apart as

the lines of bathing houses, or space fronting on such beach occupied by

him or them, is in width. From the two points at which such life-lines

are so anchored, such life-lines shall be made to extend as far into the

surf as bathing is ordinarily safe and free from danger of drowning to

persons not expert in swimming, and at such points of safety, such lines

shall be anchored and buoyed. From the two points of such lines so

extended, anchored and buoyed, a third rope shall be extended, of a

similar size, connecting the two extremities, and buoyed at such points

as to be principally above the surface of the water, thereby inclosing a

space within such lines and the beach within which bathing is believed

to be safe. In addition thereto, there shall be sufficient ropes of a

similar size as herein described, anchored from a point at high water

mark and buoyed or anchored at a parallel line or within the outer cross

rope, so as to have not more than a space of seventy-five feet from one

rope to another; and

(b) Every person maintaining any such bathing establishment shall

cause to be painted and posted in some prominent place upon the beach

near such bathing houses the following words: "Bathing beyond the lines

dangerous", and

(c) Such lines so placed, anchored and buoyed, and such notice so

posted, shall be so maintained and continued by every person maintaining

any such establishment, during the entire season of surf bathing.

2. (a) Every person maintaining any such bathing establishment shall

also keep and provide in connection therewith, for the facilitating of

the rescue of persons in danger of drowning, a surfboat or a personal

watercraft as defined in subdivision thirty of section two of the

navigation law and in compliance with the regulations of the

commissioner. A surfboat shall be not less than sixteen feet long, on

each side of which there shall be hanging ropes arranged so that persons

in the water can easily catch hold of same, or be supported thereby.

Such boats shall be equipped with two or more sets of oars and

life-lines and life-belts, and at least one ring buoy or life preserver,

with quarter-inch cotton line, not less than five hundred feet in

length, with suitable reel attached thereto. In addition thereto, there

shall be anchored on the shore, a suitable reel with a half-inch cotton

line not less than five hundred feet in length, with a life-belt

attached thereto, kept in good order and proper condition, so that it

can readily be used by those assisting in saving life.

(b) At all bathing establishments where there are equipments for two

hundred bathers or more, said surf or life-boat shall be stationed in

the water, opposite the lines, manned and in readiness for use, during

bathing hours.

3. Every person maintaining any such bathing establishment shall

employ or otherwise engage or provide the services of a bathing master

or life-guard at such bathing establishment, who shall be an expert

swimmer, and who shall be in constant and watchful attendance during

bathing hours.

4. The owner of a bathing establishment shall not be subject to the

provisions of this section when it is used, occupied or maintained by a

lessee for hire, but such lessee shall be deemed the keeper or

proprietor or person maintaining such bathing establishment.

5. Nothing in this section shall be construed in any way to affect any

bathing establishments, in any municipality, or any bathing

establishments or bathing beaches operated by a regional state park

commission, at which there is maintained at public expense a life-saving

guard.