Section Env-Wq 904.05 - Sleeping Areas; Privacy Areas(a) For purposes of this section, the following definitions shall apply: (1) "Privacy area" means a designated private or semi-private area at a camp, such as a room or other space that has permanent or temporary side walls, in which campers or YRC staff are expected to undress or change clothes. The term includes sleeping areas and changing areas associated with showers or other bathing facilities, or with swimming, boating, or other athletic facilities;(2) "Session" means a period of time established by the camp owner for which a camper is enrolled at a camp;(3) "Sleeping area" means a tent, cabin, room, or other designated private or semi-private area at a residence camp in which a person is intended to sleep; and(4) "Special needs camper" means a camper who, for any physical, psychological, or developmental reason, has one or more counselors assigned to work specifically with him or her.(b) The YRC owner or designee shall develop a written policy to address transgender and gender non-conforming campers and staff, which may be as general or as specific as the YRC owner wants it to be.(c) Subject to (d), below, no member of the YRC staff, including the director, counselors, activity leaders, instructors, health care providers, office personnel, managers, kitchen staff, and maintenance staff, shall enter a privacy area unless: (1) The privacy area is a sleeping area to which the YRC staff member is assigned;(2) Such entry is necessary to protect the health and safety of the occupants, such as in the case of a fire or a situation requiring urgent medical attention; or(3) The YRC staff member first announces his or her intent to enter and proceeds only after the occupants give audible approval.(d) The provisions of (c), above, shall not apply to a camp attended by special needs campers if: (1) The YRC staff member enters the privacy area at the same time as the campers in order to assist a special needs camper;(2) The other campers are aware of the YRC staff member's presence and have the opportunity to wait until the YRC staff member departs to disrobe or are otherwise provided privacy in which to disrobe; and(3) The camp has a written policy in place to ensure the safety of the campers in such situations and specifically covers the policy in the training provided pursuant to Env-Wq 904.02(c).N.H. Admin. Code § Env-Wq 904.05
#9967, EMERGENCY RULE, eff 7-29-11, EXPIRED: 1-25-12
New. #10134, eff 5-23-12
Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12364, Effective 9/1/2017, Expires 9/1/2027.