Conference of Environmental Health Directors

March 23, 2011

Lead Regulations Subpart 67-2

• Public comment period ended 11/1/10• Received numerous comments from interested

parties• Currently reviewing comments and addressing

issues raised (legal, technical, resources, policies)• If changes are necessary, it will require the

regulations to go through revised rule-making and posting in State Register

• Expect to have recommendations ready prior to the Lead Advisory Council meeting scheduled for April 27, 2011

Tanning Program

Tanning Program Stats

• Bureau/Districts• Bureau Stats

– $137,630 Collected• $6,870 Registration Fees• $130,760 Device Fees

– 229 Permits Issued• 2615 total devices• 11 devices average per

facility• $571 average fee paid

January 2011 $32,460

February 2011 $93,143.75

March 2011 $26,850

Annual Total 2011 $154,453.75

Children’s Camps - Regulations

Chapter 439 of the Laws of 2009• The law takes effect April 1, 2011• Requires the department of health to define non-

passive recreational activities with a significant risk for injury (NPRASRI) in the regulation

• Increases the Permit Feefrom $100 to $200

Intent of the Legislation

• Regulate indoor day programs as camps when they would otherwise have qualified as a day camp if they were conducted primarily outdoors

• Regulate recreational programs and not classroom educational programs

• Only regulate recreational programs that have an activity with a significant risk for injury

Day Camp Definition Implementation

• The proposed amendments to Subpart 7-2 are in the rule-making process. Scheduled to be published in the State Register on March 30, 2011 for public comment.

• Guidance has been provided for the implementation of the PHL requirements that will be in effect on April 1, 2011.

Summer Day Camp - Applicability

• Operate between 6/1 and 9/15 (5/15 to 9/15 for traveling day camps)

• Children under 16 • Indoors or outdoors • Two or more activities of which one or more is

a nonpassive recreational activity with significant risk of injury

Day Camp Definition Implementation

• Existing language in Subpart 7-2 will be utilized along with the new Day Camp Activity Fact Sheet to define NPRASRI and qualify a program as a day camp– Trip Leader and Activity Leader requirements

provide examples of activities with a significant risk for injury, requiring first aid trained staff

– Passive activities are defined in the regulation

Proposed DefinitionNon-passive Recreational Activities with

Significant Risk of Injury (NPRASRI)

Include swimming, boating, contact sports, horseback riding, bicycling, hiking, rock climbing, challenge/rope course activities, shooting sports and other activities determined by the State Department of Health to be capable of causing traumatic brain injury, injury to the neck or spine, bone fractures or dislocations, lacerations requiring treatment to close, second or third degree burns to 5% or more of the body, loss of vision, or death, based on height, speed, water depth, physical contact with another participant or object, and/or use of equipment associated with the activity.

Day Camp Activity Fact Sheet

• Standardizes assessment of children’s programs• Summarizes the applicability (exemptions) of the

regulation• Categorizes common camp activities by risk for

injury • Should be used to evaluate programs

Questions?