N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 40-4.1

Current through Register Vol. 46, No. 42, October 16, 2024

Section 40-4.1 - Fees for departmental services

(a) The department must charge a fee for the granting of a permit, inspections, or other services prerequisite to the issuance of a permit, or for other environmental health services. Such fee shall be nonrefundable.

(b) Annual fees for facility inspection and permit issuance services, where such services are provided by the department and not directly by the municipality, are based on the costs of providing such services and shall be revised periodically.

(c) Cumulative fees for a single operator at a single location shall not exceed $1,000 per year.

(d)Definitions.

(1) As used in this Subpart, multipurpose recreational facilities, are defined as large tracts of land upon which a recreational facility owned and operated by a single person, partnership or corporation is located. Such facilities may encompass multiple food, swimming or recreational facilities permittable under the State Sanitary Code. In completing a fee determination schedule, the facility operator may exercise an option to pay either a registration fee as provided for in paragraph (e)(10) of this section or fees separately calculated for each individual activity.

(2)Primary service is defined as the principal or major function of such multipurpose recreational facilities (e.g., water slides). All such primary services are covered by the base fee. Other services, (e.g., food) are chargeable as add-ons for each individual facility (e.g., 10 food booths × $50 = $500 additional fee).

(3)Seasonal facility, for the purpose of determining the annual fee levels for such facility, is defined as a faculty permittable under the provisions of the State Sanitary Code which operates 26 weeks or less in a calendar year. Such seasonal facility must be designated as such on any permit issued to it, which shall also state the starting and ending dates of the seasonal operating period. Such seasonal facility shall be entitled to a 10% reduction from the normal annual fee.

(e) Fees for departmental environmental services, excluding plan review unless otherwise stated, are established as follows:

(1) Food service establishments, taverns, bars (includes $25 frozen dessert fee except for free-standing soft ice cream and slush machine units, etc.).

Seating Capacity:
100 or less, including takeout or stand up service	$ 75.00
101 or more	150.00
(2) Caterers and commissaries.	200.00
(3) Temporary food service, mobile vendors.	30.00
(4) Hotels, motels, bungalow colonies, cabins, cottage colonies (Base fee [i] and added fees [ii-iv]).
(i) Number of rental units:
1-20 units	50.00
21-50	100.00
51-100	150.00
101-200	200.00
201+	400.00
(ii) Food service dining areas (which may include a cocktail lounge, nightclub, etc.)
Capacity 1-100	add 50.00 for each separate area/facility
Capacity 101 or more	add 100.00 for each separate area/facility
(iii) Pool	add 30.00 for each separate pool
(iv) Beach	add 20.00 for each separate beach
(5) Campgrounds and travel trailer Parks. (Base fee [i] and added fees [ii-iv]).
(i) Number of sites:
50 or less	50.00
51-200	75.00
201-500	100.00
501-750	150.00
751 or more	250.00
(ii) Food service dining areas (which may include a cocktail lounge, nightclub, etc.).
Capacity 1-100	add 50.00 for each separate area/facility
Capacity 101 or more	add 100.00 for each separate area/facility
(iii) Pool	30.00 for each separate pool
(iv) Beach	add 20.00 for each separate beach
(6) Mobile home parks. (Base fee [i] and added fees [ii-iv]).
(i) Number of sites:
Less than 50	50.00
50-100	100.00
101 or more	200.00
(ii) Food service dining areas (which may include a cocktail lounge, nightclub, etc.).
Capacity 1-100	add 50.00 for each separate area/facility
Capacity 101 or more	add 100.00 for each separate area/facility
(iii) Pool	add 30.00 for each separate pool
(iv) Beach	add 20.00 for each separate beach
(7) Migrant labor camps.
Occupancy
5-50	50.00
51 or more	100.00
(8) Swimming pools and common use spa pools. Maximum number of bathers (25 sq. ft./bather)
1-100	50.00
101 or more plus wave pools and slides	100.00
(9) Bathing beaches.
Less than 5,000 sq. ft.	30.00
5,000 sq. ft. or more	70.00
(10) Multipurpose recreational facilities.
(i) Base fee for primary service (food, pool, beach, etc. as designated by operator)	500.00
(ii) Additional services (other than primary)
Food service	add 50.00 for each separate area/facility
Pool	add 30.00 for each separate area/facility
Beach	add 20.00 for each separate area/facility
(11) Community water supplies.
Population Served:
Less than 1,000	100.00
1,000-9,999	500.00
10,000 or more	1,000.00
(12) Unpermitted noncommunity water supplies.	100.00
(13) Mass gatherings, including plan review.	500.00
(14) Public functions of over 5,000 people not constituting mass gatherings.
Number of emergency health care units:
Less than 3	100.00
3 or more	200.00
(15) Children's camps.	100.00
(16) Frozen desserts (soft ice cream).	25.00

(f) Plan review fee (per project).

(1) Food service establishments, caterers, commissaries, etc.	75.00
(2) Hotels, motels, bungalow colonies, cabins, cottage colonies.
Number of stories or structures:
1 or 2	50.00
3 or more	200.00
(3) Campgrounds and travel trailer parks.	100.00
(4) Mobile home parks.	100.00
(5) Migrant labor camps.	50.00
(6) Swimming pools and bathing beaches.
100-5000 sq. ft.	100.00
5001 sq. ft. or more	150.00
wavepools, slides, spa pools	150.00
(7) Realty subdivisions (as prescribed by Public Health Law, section 1119).	3.50/lot
(8) Community and noncommunity water supply. Cost of project:
Less than $10,000	50.00
10,000-100,000	100.00
More than 100,000	200.00
(9) Individual sewage system (alternative design).	50.00

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 40-4.1