§ 17-122 Judicial notice of seal and presumptions.

All courts shall take judicial notice of the seal of the department and of the signature of its secretary, chief clerk and assistant chief clerks.

§ 17-123 Window guards; notification to tenants.

   a.   All leases offered to tenants in multiple dwellings must contain a notice, conspicuously set forth therein, which advises tenants of the obligation of the owner, lessee, agent or other person who manages or controls a multiple dwelling to install window guards, and where further information regarding the procurement of such window guards is available.

   b.   The owner, lessee, agent or other person who manages or controls a multiple dwelling must cause to be delivered to each residential unit a notice advising occupants of the obligation of such owner, lessee, agent or other person who manages or controls a multiple dwelling to install window guards and where further information regarding the procurement of such window guards is available. Such notice must be provided on an annual basis in a form and manner approved by the department.

   c.   The department of health and mental hygiene shall promulgate such regulations as it deems necessary to comply with the provisions of this section, with respect to the annual notice to tenants, and the notice requirement in all multiple dwelling leases.

   d.   Any person who violates the provisions of this section, or the regulations promulgated hereunder, shall be guilty of a misdemeanor punishable by a fine of up to five hundred dollars or imprisonment for up to six months or both. In addition, any violation of this section shall constitute a civil violation subject to a penalty of not more than five hundred dollars per violation. A civil violation under this section shall be adjudicated before the administrative tribunal of the department.

§ 17-124 Aliens.

The commissioner may send to such place as he or she may direct, all aliens and other persons in the city, not residents thereof, who shall be sick of any communicable disease. The expense of the support of such aliens or other persons shall be defrayed by the city, unless such aliens or other persons shall be entitled to support from the commissioner of immigration and naturalization of the United States.

§ 17-125 Community air quality surveys and annual report.

   a.   For the purposes of this section, "pollutants" means particulate matter that is less than 2.5 micrometers in diameter, nitrogen dioxide, nitric oxide, sulfur dioxide and ground-level ozone.

   b.   The department shall conduct a community air quality survey on an annual basis. Such survey shall:

      1.   Measure pollutants at street-level at monitoring sites across the city of New York over every season of the year, selected to ensure that the number of monitoring sites provides adequate information to assess the range of common emissions sources and neighborhood pollutant concentrations across the city, as determined by the department. At the discretion of the department, data on ozone may be measured in the summer months only and data on sulfur dioxide may be measured in the winter months only;

      2.   Determine whether and how concentrations of pollutants near monitor sites vary across the city and the relationship, if any, of such concentrations to local traffic, building emissions and other factors;

      3.   Identify the major local sources of pollutants that contribute to local variation in the concentrations thereof;

      4.   Identify patterns of pollutants by geographic area, by source, and by season or time of year;

      5.   Produce maps indicating the varying concentration levels of pollutants across neighborhoods and by pollutant;

      6.   Write an annual report summarizing the results of the activities described in paragraphs one through five of this subdivision;

      7.   Include in such report the findings of any completed or ongoing health surveillance or research studies using community air quality survey data to estimate population exposure to pollutants; and

      8.   Describe in the report the scientific methodology used to select monitor locations for measuring pollutants and for studying variations in pollutant concentrations.  

   c.   Beginning April 22, 2016, and on or before April 22 annually thereafter, the department shall submit to the speaker of the council a report with the results of the annual community air quality survey for the most recently available year's analysis. The department shall post a copy of such annual report on the department's website. The data included in such posted report shall be in a machine-readable format.

(L.L. 2015/103, 11/4/2015, eff. 3/3/2016)

§ 17-127 Oxygen in courthouses.

There shall be placed at least two resuscitation devices in every courthouse in the city which shall be maintained in a conventionally available and safe place. The commissioner of citywide administrative services shall promulgate such rules and regulations as may be necessary for the training of department of citywide administrative services personnel in the operation and use of same and at the end of their course they shall receive a certification from the department.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.

§ 17-128 The department as party.

The department may institute and maintain all suits and proceedings which are reasonable, necessary and proper, to carry out the provisions of the laws under which it acts.