Lake George Chamber of Commerce v. New York State Department of Health

OPINION OF THE COURT

Casey, J.

Petitioners, who operate temporary residences or are organizations which represent operators of temporary residences, commenced this proceeding to challenge certain amendments to the State Sanitary Code which pertain to the supervision requirements for swimming pools and bathing beaches maintained by temporary residences (see, 10 NYCRR subparts 6-1, 6-2). The amendments contain "grandfather” provisions which effectively exempt current operators of temporary residences from the new requirements. Upon the sale of a temporary residence, however, the "grandfather”…