N.Y. Comp. Codes R. & Regs. tit. 9 § 4560.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4560.1 - Definitions

The following definitions are applicable throughout this Part:

(a) Adequate means sufficient to accomplish the purposes for which something is intended, and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled; an activity conducted; or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Part.

(b) Backstretch workers are individuals required to be licensed pursuant to Parts 4002 or 4101 of this Title who are employed to care for horses at any entity that conducts pari-mutuel wagering at a racetrack.

(c) Backstretch worker housing means buildings or other structures pertaining thereto, any part of which may be used or occupied by persons employed as backstretch workers as or relating to housing. Such housing includes sleeping facilities provided in whole or in part by the employer of such persons, the owner of the sleeping facilities, the lessee of the sleeping facilities, or the operator of the sleeping facilities, whether or not there is an express agreement as to the duration of a backstretch worker's stay. Such housing includes bathing and toilet facilities for the use of the occupants. All the facilities do not need to be in the same structure but must be readily accessible to, and under the control of, the occupants.

(d) Executive director means the Executive Director of the Commission or the executive director's designee.

(e) Hot water means water heated or tempered to provide a temperature of 110 to 120 degrees Fahrenheit at the point of use.

(f) Potable water means water provided or used for consumption or for washing, showering or cooking purposes.

(g) A public health hazard is any condition that reasonably could be expected to be responsible for illness, physical injury or death. Any of the following violations are public health hazards that require the executive director to order immediate correction or to institute immediate action as provided in the law and in this Part:

(1) The condition of the electric service, wiring or electrical system components is such that an imminent fire or shock hazard exists.

(2) Installation or operation of stoves, including cook stoves or other heat-producing equipment, constituting a fire hazard or creating inadequate venting of fumes.

(3) Failure to provide required fire exits or blockage of a required exit by locking or other obstruction.

(4) Use of construction materials resulting in an imminent fire or structural safety hazard.

(5) A potable water system serving the backstretch worker housing that contains contaminants in excess of the levels prescribed in applicable sections of Part 5 of Title 10 NYCRR.

(6) Treatment of the backstretch worker housing water system that, when required for disinfection or removal of contaminants, is not continuous.

(7) Presence of cross-connections or other faults in the plumbing system that result, or may result, in contamination of the potable water supply.

(8) Inadequately treated sewage discharging on the ground surface in an area accessible to backstretch worker housing occupants, or in a manner that may contaminate food service areas or result in pollution of a ground or surface water supply source.

(9) Storage of hazardous materials, including agricultural chemicals and pesticides or their containers, in a manner that is hazardous to the health or safety of the housing occupants, or contamination of housing by materials that are hazardous to the health and safety of the housing occupants.

(10) Other conditions that constitute a public health hazard.

(h) Racetrack operator has the meaning set forth in Part 4000.3 of article 1 of subchapter A, with respect to thoroughbred racing, and Part 4100.1 of subchapter B, with respect to harness racing, of Chapter I of this Title.

(i) Sewage means the waste from a flush toilet, bath, sink, shower, laundry tray or tub, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

(j) Uniform code means the New York State Uniform Fire Prevention and Building Code of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4560.1

Adopted New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020