Title 9 Part 4560

Backstretch worker housing provided by a racetrack operator shall be maintained in accordance with this Part.

A racetrack operator that provides backstretch worker housing shall, at least annually, submit to an inspection of such housing. The inspection shall be conducted by a designated representative of the commission or a local housing authority for the jurisdiction in which the racetrack operator is located and shall be consistent with this Part and requirements in the Property Maintenance Code of the Uniform Code.

For backstretch worker housing that is occupied seasonally, no occupancy shall be allowed until after the required inspection has been made and the executive director has granted permission for such occupancy.

Each racetrack operator shall be responsible for maintaining all housing facilities in a structurally sound condition that prevents infestation by rodents, flies, cockroaches, mosquitoes, bats and other vermin.

All backstretch worker housing facilities shall be well drained and be free of depressions where water may pool and stagnate. The site or sites shall be located where disposal of sewage can be provided in a safe, sanitary manner that neither creates nor is likely to create a public health nuisance or health hazard.

The grounds of backstretch worker housing shall be maintained in a clean and sanitary condition and be free of noxious plants. Driveways and access roads shall be maintained to allow free and safe vehicular access to the property.

No flammable or volatile liquids or materials shall be stored in or adjacent to rooms used for backstretch worker housing, except for those needed for current household use. Agriculture chemicals including pesticides shall not be stored in a housing area.

Whenever the buildings of a racetrack operator are contaminated, or suspected of being contaminated by hazardous materials, chemicals or pesticides, the occupancy or use of the housing facilities may be restricted by the commission until required decontamination and/or corrective actions are completed.

Each racetrack operator shall have the affirmative responsibility to report to the commission in writing any injury, serious illness, death or fire occurring at or within backstretch worker housing. Such reporting shall be made immediately when practicable, but in no case later than 24 hours following the reportable issue.

No backstretch worker housing, or any portion thereof, shall be constructed or enlarged for occupancy or use, and no property shall be converted for occupancy or used as backstretch worker housing, without the executive director being first notified in writing. The required notice of construction, enlargement or conversion shall be submitted on a form, approved by the executive director, at least 30 days prior to beginning such construction. The notice may be supplemented by such further information, plans or specifications as the executive director may require.

All new construction and alterations, enlargements, conversions or relocation of mobile homes, shall conform with the Uniform Code. A certificate of occupancy, or equivalent documentation to certify the construction was completed in conformance with the Uniform Code requirements, shall be obtained prior to occupancy and be available for review on request by the executive director.

Shower facilities, separate for each sex, shall be provided. There shall be:

Separate facilities for each sex are not required when the facilities are located in individual housing units.

Toilet facilities shall be provided for groups of each sex. These facilities shall:

Adequate ventilation shall be provided in each shower room and toilet room. Mechanical ventilation may be provided in lieu of natural ventilation, as approved by the executive director.

Mechanical clothes washers, laundry trays, tubs and sinks shall be provided in the ratio of at least 1 for every 50 residents or fraction thereof. Such facilities also shall have adequate provisions for drying clothes.

An adequate number of covered storage receptacles shall be provided and readily available for the storage of garbage and refuse. Such garbage and refuse shall be removed in a timeframe to ensure that no accumulation outside the covered storage receptacles is required. The storage receptacles shall be constructed of durable, cleanable materials and be maintained in a sanitary condition and in good repair. Garbage and refuse shall not be allowed to accumulate on the surface of the ground.

Each racetrack operator shall conduct a program of abatement to control the presence of rodents, flies, cockroaches, mosquitoes, bats and other vermin in and around backstretch worker housing and animal feed storage areas. The methods of control shall include, without limitation:

Each racetrack operator shall file with the commission on an annual basis an integrated pest management protocol that incorporates pest management industry-standard best practices.

Should a racetrack operator undertake pest control by a third party, only certified commercial pesticide applicators or commercial pesticide technicians shall be used.

All occupants of backstretch worker housing are responsible for maintaining their housing unit and common use areas in a reasonably clean and sanitary condition; for exercising safe practices and proper care when using the facilities and equipment provided; for the sanitary storage and disposal of garbage and refuse that they generate using the facilities provided; for not using any unapproved heating or cooking device; and for occupancy of the property in accordance with the capacity limit.

Occupants who observe a public health hazard have an affirmative obligation to report promptly the concern to both management of the racetrack operator and to the commission.

Every water supply serving backstretch worker housing shall comply with requirements of Part 5 of Title 10 NYCRR and also shall meet the following requirements:

The water supply shall not exceed the maximum contaminant levels set forth in sections 5-1.51 and 5-1.52 of Title 10 NYCRR.

Potable water shall be adequate in quantity and quality and shall be available readily to resident occupants of the housing. Only potable water shall be so delivered or piped.

All potable water sources and distribution systems shall be designed, located, constructed and maintained to provide protection against contamination or pollution. All pumps, piping, fixtures and appurtenances shall be installed and maintained adequately to protect against contamination of any water source.

There shall be no physical connection between the potable water supply and any non-potable water supply. Any fixture, installation or equipment that is subject to back-siphonage shall be installed and maintained adequately to protect against contamination of any water source.

A minimum pressure of 20 pounds per square inch, at peak demand, shall be maintained in all parts of the distribution system.

When a water treatment process is required to maintain adequate water quality, accurate and complete reports on the operation of the treatment system shall be maintained daily and submitted to the executive director at a frequency specified on a form supplied for this purpose.

Any incident or condition that effects the quantity or quality of the onsite potable water supply shall be reported to the executive director within 24 hours of occurrence. There shall be no changes made to the source or method of treatment of a potable water supply, either temporary or permanent, without first receiving written approval from the executive director. An adequate supply of potable water must be provided and maintained during all times of operation.

In order to allow time to comply with a provision of this Part, a racetrack operator may submit a written request to the executive director for a variance. Such variance request shall not be granted unless the racetrack operator demonstrates that the health and safety of the housing occupants and the public will not be prejudiced by the variance and that there are practical difficulties or hardships in immediate compliance with the provisions. A racetrack operator shall meet all terms of an approved variance, including the effective date, the time period for which the variance is granted, the requirements being varied and any special conditions the executive director specifies. A variance shall end one year from its date of issuance, unless such variance is granted for a lesser period of time or otherwise extended.

In order to accept alternative arrangements that do not meet a provision of this Part, a racetrack operator may submit a written request to the executive director for a waiver from a specific provision of this Part. Such request shall not be granted unless the racetrack operator can demonstrate that circumstances exist that are beyond the control of the racetrack operator, compliance with the provision would present a hardship and that the public and housing occupants' health and safety will not be endangered by granting such a waiver. A racetrack operator must meet all terms of any approved waiver. A waiver shall remain in effect indefinitely unless revoked by the executive director.