Loading...
The department shall post in a conspicuous location on the department’s website in English and in each of the designated citywide languages, as defined in section 23-1101, information on free adult, child, and infant cardiopulmonary resuscitation courses open to the public. Such information shall include the location, date, and time of such courses. The department shall perform outreach as necessary to identify courses that are open to the public and the location, date, and time of such courses. Such information shall be updated at least annually.
(L.L. 2023/094, 7/9/2023, eff. 7/9/2023)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Blood pressure machine. The term “blood pressure machine” means an automated machine that provides for self-administered testing and measurement of an individual’s blood pressure and expresses that measurement as 2 numbers indicating a systolic pressure over a diastolic pressure.
Public place. The term “public place” means a location accessible to the public, and includes, but is not limited to, a place of worship, a local business that requests a blood pressure machine, a pharmacy, a healthcare organization, a community center, a community-based organization, or a nonprofit organization.
High-need area. The term “high-need area” means an area of the city determined by the department to warrant the placement of a blood pressure machine based on relevant social determinants of health such as high rates of hypertension.
b. No later than January 1, 2024, the department shall post on the department’s website in plain language public places in the city where blood pressure machines are known or reported to be located, and instructions on the use and operations of such blood pressure machines. Such information shall be provided in the designated citywide languages, as defined in section 23-1101, and shall be updated at least annually. The department shall post a form on the department’s website for a public place to report the placement of a blood pressure machine.
c. No later than January 1, 2024, the department shall provide a report to the speaker of the council on the location of all blood pressure machines in public places and provide recommendations on locations in high-need areas in which blood pressure machines should be placed.
d. No later than January 1, 2024, and subject to appropriation, the department shall support making at-home blood pressure machines available at no cost to the public at federally qualified health centers in 5 high-need areas. The department shall post the locations of such federally qualified health centers on its website in plain language and in the designated citywide languages as defined in section 23-1101.
(L.L. 2023/097, 7/9/2023, eff. 1/5/2024)
a. For purposes of this section, the following terms shall have the following meanings:
1. "Candy products containing lead" shall mean any confection containing lead which the department, pursuant to rules promulgated hereunder, determines to present a risk to public health or a nuisance as defined in § 17-142 of this code.
2. "Litargirio" shall mean any powder containing lead intended for sale for personal use, including, but not limited to, use as an antiperspirant, deodorant, foot fungicide or as a treatment for burns and wounds.
3. "Person" shall mean any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association or other entity or business organization.
b. No person shall sell or offer for sale, or cause any person to sell or offer for sale, candy products containing lead or products containing litargirio.
c. Violations and penalties.
1. Any person who violates any provision of this section shall be liable for a civil penalty not to exceed two hundred and fifty dollars for each violation, provided that for a first such violation, such person may be issued a written warning in lieu of such civil penalty. Notwithstanding any provision of law to the contrary, any person who intentionally or knowingly violates any provision of this section shall be guilty of a misdemeanor punishable by a fine of not more than two hundred and fifty dollars for each violation and/or a prison term of not more than six months, and a civil penalty of not more than two hundred and fifty dollars for each violation.
d. Enforcement. The department and the department of consumer and worker protection shall enforce the provisions of this section. A proceeding to recover any civil penalty authorized pursuant to subdivision c of this section shall be commenced by the service of a notice of violation returnable to the administrative tribunal established by the board of health where the department issues such a notice or, where the department of consumer and worker protection issues such a notice, to any tribunal established within the office of administrative trials and hearings. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged. The administrative tribunal of the board of health and tribunals established within the office of administrative trials and hearings shall have the power to render decisions and to impose the remedies and penalties provided for in subdivision c of this section, in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.
e. Rules. The commissioner shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this section.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/049 and L.L. 2020/080.
a. Definitions. For the purposes of this section, the following terms shall be defined as follows:
1. "Homeless person" means a person who at the time of death did not have a known street address of a residence at which he or she was known or reasonably believed to have resided.
2. "Homeless shelter resident" means a person who at the time of death lived in a homeless shelter as defined in paragraph 3 of this subdivision.
3. "Homeless shelter" means (i) a residence operated by or on behalf of the department of homeless services; (ii) an emergency residence operated by or on behalf of the department of social services/human resources administration which is available primarily for homeless persons with HIV or AIDS related illness; or (iii) a residence operated by or on behalf of the department of housing preservation and development to the extent that such residence houses clients of the department of homeless services; provided, however, that such term shall not include any residence that is available primarily for battered women.
b. Annual report regarding deaths of homeless persons and homeless shelter residents.
1. The department shall, by January first, April first, July first and October first of each year collect information as necessary to comply with the provisions of paragraph 3 of this subdivision regarding the incidence of deaths of homeless persons and homeless shelter residents during the quarter year which began on the first day of the sixth month preceding the month by which the information is required to be collected.
2. In addition to the collection of quarterly information required pursuant to this subdivision, the department shall, subject to paragraph 4 of this subdivision, submit an annual report to the council and the mayor by January fifteenth of each year, (i) summarizing and aggregating, as well as updating and amending if necessary, the information collected in the immediately preceding four quarter years for which information was collected pursuant to paragraph 1 of this subdivision; and (ii) indicating the causes of death for all deaths in such report disaggregated by cause, including, but not limited to, how many such deaths were related to exposure to outdoor conditions.
3. Such report shall also include, at a minimum, (i) the number of homeless persons who died during the preceding year, disaggregated by month, for whom there was an investigation by the office of chief medical examiner as required pursuant to section 557 of the charter, the number of homeless shelter residents who died during the preceding year, disaggregated by month, and, to the extent such information is readily available, the number of other homeless persons who died during the preceding year, disaggregated by month; (ii) the community board district where each such decedent died, disaggregated within each such district by whether the death occurred outdoors, in a hospital, in a nursing home and/or other residential health care facility, in a homeless shelter, or, to the extent such information is available, in another facility, residence or other type of location, provided, however, that the location of decedents who died in a residence operated by or on behalf of the department of social services/human resources administration which is available primarily for homeless persons with HIV or AIDS related illness shall be provided by borough; (iii) an indication as to whether the decedent was known to be living in a homeless shelter at the time of death and the community board district in which such homeless shelter is located, provided, however, that the location of the residence of decedents known to be living in a homeless shelter operated by or on behalf of the department of social services/human resources administration which is available primarily for homeless persons with HIV or AIDS related illness shall be provided by borough; and (iv) the age or approximate age and gender of each such decedent; provided, however, that in cases where the identity of a decedent is unknown or in cases where it is unknown whether such decedent was a homeless person or a homeless shelter resident, the department shall provide the information required by this paragraph during the year that such information becomes available, as well as the date or approximate date such death occurred.
4. The department may withhold information from an annual report about an individual decedent otherwise required pursuant to this subdivision to the extent that such withholding is necessary to avoid disclosing the identity of such decedent, provided that the department shall specify when such information is withheld and shall report all other information about such decedent that will not reveal the identity of such decedent.
5. In each annual report required pursuant to this subdivision, the department shall describe the methodologies used to identify homeless persons and homeless shelter residents and provide an analysis of the reliability and validity of such methodologies.
6. The quarterly information and annual reports required pursuant to this subdivision shall be made available to any member of the public upon request.
c. Rules. The department after public hearings shall promulgate such rules as are necessary to implement the provisions of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/063 and L.L. 2012/007.
a. For purposes of this section, the term "child fatality" shall mean the death of any person in the city of New York under the age of thirteen where (1) the death is unanticipated, (2) the death is the result of trauma, or (3) the circumstances of the death are suspicious, obscure or otherwise unexplained; provided, however, that such term shall not include the death of any person under the age of thirteen where such death is the subject of a pending criminal investigation, prosecution or appeal.
b. There shall be established within the department, in accordance with all applicable state and local laws, a child fatality review advisory team to examine the facts and circumstances relating to child fatalities. The team shall consist of the commissioner of the administration of children's services, or his or her designee; the commissioner of the police department, or his or her designee; the chief medical examiner, or his or her designee; the commissioner of the department of health and mental hygiene, or his or her designee; and, if required by applicable law, the commissioner of the New York state office of children and family services, or his or her designee. The chancellor of the department of education, or his or her designee, may become a member of the team at his or her discretion. The mayor shall appoint to the team a maximum of two additional individuals, including at least one pediatrician and at least one person who advocates on child-related issues; provided, however, that such individuals shall not hold any other public office, employment or trust. The speaker of the city council shall appoint to the team a maximum of two additional individuals, including at least one pediatrician and at least one person who advocates on child-related issues; provided, however, that such individuals shall not hold any other public office, employment or trust. The public advocate shall appoint to the team one additional individual; provided, however, that such individual shall not hold any other public office, employment or trust.
c. Each member of the child fatality review advisory team, other than any member serving in an ex officio capacity, or such member's designee, and, if he or she chooses to serve, the chancellor of the department of education, or his or her designee, shall serve for a term of two years, and may be removed from office for cause. Any vacancy shall be filled in the same manner as the original appointment.
d. All members of the child fatality review advisory team shall serve without compensation, except that each member shall be allowed actual and necessary expenses to be audited in the same manner as other city charges.
e. Except as otherwise provided in this section, no person shall be ineligible for membership on the child fatality review advisory team because such person holds any other public office, employment or trust, nor shall any person be made ineligible to or forfeit such person's right to any public office, employment or trust by reason of such appointment.
f. The child fatality review advisory team shall meet at least four times a year. The commissioner of the department of health and mental hygiene shall serve as chairperson of the team and shall convene the first meeting of the team within ninety days after the effective date of the local law that added this section.
g. The child fatality review advisory team's work shall include, but not be limited to, reviewing aggregate data relating to child fatalities and formulating recommendations regarding methods of improving the protection of children in order to decrease the future incidence of child fatalities in the city of New York.
h. The child fatality review advisory team may request information from any agency as may be necessary to carry out the provisions of this section, in accordance with all applicable laws, rules and regulations, including, but not limited to, laws related to attorney-client privilege, attorney work product, material prepared for litigation and disclosure of agency records under the public officers law. The team may also request such information from any not-for-profit organization which provided services to the victim of a child fatality or to the family members of such victim, in accordance with all applicable laws, rules and regulations, including, but not limited to, laws related to attorney-client privilege, attorney work product, material prepared for litigation and confidentiality. Nothing in this subdivision shall be construed as limiting any right or obligation of agencies pursuant to the public officers law, including the exceptions to disclosure of agency records contained in such law, with respect to access to or disclosure of records or portions thereof. The team shall keep confidential all information that it receives and protect the privacy of all individuals involved in the child fatality cases that it reviews to the extent provided by law.
i. The child fatality review advisory team shall submit to the mayor, the speaker of the city council and the public advocate, annually, a report including, but not limited to, the number of child fatality cases which occurred in the city of New York during the previous year; statistics regarding the causes of child fatalities; specific non-identifying data with respect to the victims of child fatalities, such as gender, age and race, and, if available, religion and ethnicity; statistics regarding the location of child fatalities, disaggregated by borough; and recommendations regarding ways to decrease the future incidence of child fatalities in the city of New York.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/115 and L.L. 2012/006.
a. Definitions. The following terms shall have the following meanings:
1. "Artificial trans fat" shall have the meaning as such term is defined in section 81.08 of the health code of the city of New York or any successor provision.
2. "Food service establishment" shall have the meaning as such term is defined in section 81.03 of the health code of the city of New York or any successor provision.
3. "Mobile food unit commissary" shall have the meaning as such term is defined in section 89.01 of the health code of the city of New York or any successor provision.
b. Artificial trans fat restricted. No foods containing artificial trans fat shall be stored, distributed, held for service, used in preparation of any menu item or served by any food service establishment or by any mobile food unit commissary; provided that this subdivision shall not apply to food that is served directly to patrons in a manufacturer's original sealed package.
c. Rules. The department may promulgate such rules as may be necessary to implement the provisions of this section.
d. Labels required. Food service establishments and mobile food unit commissaries shall comply with the requirements set forth in subdivision (c) of section 81.08 of the health code of the city of New York regarding labeling for food products containing artificial trans fat.
e. Penalties. Any food service establishment or mobile food unit commissary that violates any of the provisions of this section or any rule promulgated pursuant thereto by the department shall be liable for a civil penalty of $100. Where a food service establishment or mobile food unit commissary is found to have violated this section or any rule promulgated pursuant thereto by the department, the department shall commence a proceeding to recover any civil penalty authorized by this section by the service of a summons returnable to the office of administrative trials and hearings.
f. Cure permitted. Any food service establishment or mobile food unit commissary that violates this section or any rules promulgated thereunder shall not be subject to a civil penalty for a first-time violation if such establishment or commissary proves to the satisfaction of the department, within seven days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of this section or any rules promulgated pursuant thereto. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within 15 days of receiving written notification of such determination.
(Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2007/012 and L.L. 2021/080.
a. Definitions. For purposes of this section, the following terms shall have the following meanings:
1. "City" shall mean the city of New York.
2. "City property" shall mean any property owned and managed by the city.
3. "Trauma" shall mean any serious physical injury or death.
4. "Trauma scene" shall mean any area where a trauma occurred that has been visibly contaminated by human blood or bodily fluids as a result of such trauma.
5. "Trauma scene management" shall mean the use of procedures and materials sufficient to clean and decontaminate a trauma scene and safely remove human blood or bodily fluids and other appropriate waste as determined by the department from such scene.
b. City property. The department shall establish guidelines for trauma scene management on city property that shall be followed by city agencies, subject to applicable emergency response protocols, which shall include, but not be limited to, procedures regarding:
1. the immediate restriction of access to a trauma scene;
2. the cleaning and decontamination of a trauma scene including, but not limited to, the application of appropriate disinfectants to such scene; and
3. the removal of any waste, including but not limited to, waste generated from cleaning and decontamination activities and the disposal of such waste in accordance with applicable laws and guidelines.
c. Property other than city property. The department shall establish guidelines for trauma scene management on property other than city property within the city and post such guidelines on an appropriate website. Where a trauma scene occurs on or within any portion of such property, a member of the police department or fire department responding to such scene shall inform the owner, resident or occupant of such property that such guidelines may be obtained by calling 311 or accessing the website established by the city for such purpose. Such guidelines shall include, but not be limited to:
1. guidelines for trauma scene management established pursuant to subdivision b of this section and modified, where appropriate, to include procedures for trauma scene management that may be undertaken by such owner, resident or occupant on such property;
2. contact information for the New York state office of victim services and information indicating how such owner, resident or occupant can apply to such office for financial assistance to help cover the cost of professional clean up of a trauma scene, including how application forms can be obtained at the office's local office or website;
3. contact information for any organization that certifies professional trauma scene clean-up companies in the New York city area; and
4. a statement indicating that private insurance might cover the cost of professional clean-up of a trauma scene and that such owner, resident or occupant should contact his or her insurance carrier for further information.
d. Rules. The commissioner shall promulgate rules and regulations as may be necessary to carry out the provisions of this section.
a. Definitions. For purposes of this section, the following terms shall have the following meanings:
Building. The term "building" means any building, structure, premises, or part thereof.
Drinking water. The term "drinking water" means water used for human consumption or used directly or indirectly in connection with the preparation of food for human consumption, including, but not limited to, the cleaning of utensils used in the preparation of food.
Owner. The term "owner" means any owner, manager, operator or other person or persons having control of a building and any authorized agent thereof.
Water heater. The term "water heater" means any heating appliance or equipment that heats potable water and supplies such water to the potable hot water distribution system.
Water tank. The term "water tank" means any device used to store drinking water that is distributed as part of the water supply system of a building, however such term shall not apply to domestic hot water heaters.
Water tank inspector. The term "water tank inspector" means a person that inspects a water tank pursuant to this section and is (i) a licensed master plumber pursuant to article 408 of chapter 4 of title 28, (ii) works under the direct and continuing supervision of such a licensed master plumber, or (iii) is a registered design professional as defined in section 28-101.5.
b. Any owner of a building that has a water tank as part of its drinking water supply system shall have such water tank inspected at least once annually. Such inspection shall ensure that the water tank complies with all provisions of the administrative code of the city of New York, the construction codes of the city of New York and the health code of the city of New York. The results of such inspection shall be recorded in a manner prescribed by the commissioner. Such results shall be maintained by the owner and by the water tank inspector for at least five years from the date of inspection and shall be made available to the department upon request within five business days. An owner shall ensure that documentation of such annual inspection shall be submitted to the department by the water tank inspector, in a form and manner prescribed by the department. Such documentation shall state whether or not all applicable requirements were met at the time of inspection and provide a description of any non-compliance with applicable requirements. Such documentation shall include visual depictions, such as photographs or videos, which display the interior and exterior of the water tank. The department may require an owner to conduct additional inspections and provide any additional documentation, including receipts of work orders, or visual depictions such as photographs or videos. The department may require that any document submitted to the department pursuant to this section be submitted electronically.
c. The inspection of a water tank pursuant to subdivision b of this section shall be conducted by a water tank inspector. In addition to the requirements of the New York city health code, the cleaning, painting or coating of a water tank shall be conducted by a water tank inspector, or by a person who holds a commercial pesticide applicator certification in category 7G issued by the New York state department of environmental conservation or works under the direct supervision of a person holding such certification.
d. The owner of a building shall post a notice stating that (i) the water tank inspection results are maintained on file in a specific location and will be made available when a person makes such a request to either the building owner or manager and (ii) that a person may contact the department if the inspection results are not made available to such person by the building owner or manager. Upon receipt of such request, the owner or manager shall make a copy of the inspection results available within five business days. Such notice shall be posted in a location easily accessible to tenants and in a frame with a transparent cover, and may be combined with similar notices where not otherwise prohibited by law.
e. Beginning March 1, 2019, and each year thereafter, the department shall submit to the council a report which shall provide information about water tank inspections for the preceding calendar year including, but not limited to:
1. The estimated number of building water tanks and the estimated number of buildings serviced by such tanks;
2. The number of complete building water tank inspection results received by the department pursuant to subdivision b of this section;
3. The number of building water tank inspection results received by the department that documented compliance with applicable requirements; and
4. The number of violations issued by the department pursuant to subdivision j of this section, section 141.07 of the health code or chapter 31 of title 24 of the rules of the city of New York.
f. Water tank inspection information on website. Within 35 business days of receiving the documentation of an annual inspection required pursuant to subdivision b, the department shall post such documentation on its website and the web portal providing access to public data sets described in section 23-502. The department's website shall provide notice that failure to conduct a required water tank inspection is a violation of law. Information available to the public shall include:
1. Guidance to assist users in accessing any prior inspection report for a building available on the web portal providing access to public data sets described in section 23-502;
2. Guidance to assist users in determining whether a building is required to have a water tank inspection pursuant to this section or section 141.07 of the health code; and
3. Information about how to submit a complaint about a water tank, or water from a water tank, to the department.
g. Any owner of a building shall have a duty to maintain a water tank and such water tank's supporting structures in a safe condition. If, as a result of an annual inspection required by subdivision b of this section, it is determined that a water tank or its supporting structure is structurally unsafe or dangerous, the water tank inspector or owner shall take such actions as are required by section 28-301.1 and report such condition to the department of buildings in writing.
h. 1. The department shall periodically audit a sample of buildings' documentation of the annual inspections required to be maintained pursuant to subdivision b of this section. Such audit shall review such documentation for accuracy and the department may conduct such audits without prior notice to a building's owner, as authorized by law. The department shall also annually inspect 125 water tanks, selected at random by the department, for compliance with this section.
2. The department shall post the results of such periodic audits and inspections on its website and the web portal providing access to public data sets described in section 23-502 within 35 days of conducting such a periodic audit or inspection.
i. 1. Wherever harmful bacteria are found in a water tank and reported to the department in accordance with section 141.07 of the health code, or where a water tank has been the subject of certain violations within the prior 12 months identified by the department, the department shall review documentation of the annual inspections required by subdivision b of this section for such water tank. The department may review such documentation without prior notice to the building's owner, as authorized by law.
2. The department shall post the results of the documentation review required by paragraph 1 of this subdivision on its website and the web portal providing access to public data sets described in section 23-502 within 35 days of such review.
j. Any owner of a building who violates subdivisions b or c of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not less than $200 and not to exceed $2,000 for each violation. Any owner of a building who violates subdivision d of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not to exceed $250 for each violation. Any owner of a building who violates subdivision g of this section shall be liable for a civil penalty not less than $200 and not to exceed $2,000 for each violation.
(Am. L.L. 2017/239, 12/17/2017, eff. 4/16/2018; Am. L.L. 2019/082, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/083, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/084, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/085, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/086, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/087, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/088, 5/10/2019, eff. 9/7/2019)
Loading...