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NEW YORK CITY ADMINISTRATIVE CODE
Title 1: General Provisions
Title 2: City of New York
Title 3: Elected officials
Title 4: Property of the City
Title 5: Budget; Capital Projects
Title 6: Contracts, Purchases and Franchises
Title 7: Legal Affairs
Title 8: Civil Rights
Title 9: Criminal Justice
Title 10: Public Safety
Title 11: Taxation and Finance
Title 12: Personnel and Labor
Title 13: Retirement and Pensions
Title 14: Police
Title 15: Fire Prevention and Control
Title 16: Sanitation
Title 16-A: [Commercial Waste Removal]
Title 16-B: Commercial Waste Zones
Title 17: Health
Chapter 1: Department of Health and Mental Hygiene
§ 17-101 Definitions.
§ 17-102 Secretary; certification by chief clerk.
§ 17-103 Proofs and affidavits.
§ 17-104 Measures to prevent the spread of disease.
§ 17-105 Commercial paper during epidemic; duties of city clerk.
§ 17-106 Inspection of sick; reports.
§ 17-107 Inspection of vessels; removal; violation of orders, punishment for.
§ 17-108 Infected places outside the city; proclamation.
§ 17-109 Vaccinations.
§ 17-110 Sale and exchange of lymph and antitoxin.
§ 17-111 Appropriation for prevention of communicable diseases.
§ 17-112 Publication of reports and statistics.
§ 17-113 Repairs of buildings; removal of obstructions; regulation of public markets.
§ 17-114 Nuisances; abatement without suit.
§ 17-115 Right of inspection.
§ 17-116 Medical examiners' returns.
§ 17-117 Removal of bodies.
§ 17-118 Putrid cargoes, et cetera, may be destroyed.
§ 17-119 Drainage; orders therefor; maps.
§ 17-120 Orders for paving, et cetera, yards and cellars; notice.
§ 17-121 Care and treatment of physically handicapped children.
§ 17-122 Judicial notice of seal and presumptions.
§ 17-123 Window guards; notification to tenants.
§ 17-124 Aliens.
§ 17-125 Community air quality surveys and annual report.
§ 17-127 Oxygen in courthouses.
§ 17-128 The department as party.
§ 17-129 Proceedings presumed legal; presumptions.
§ 17-130 Copies of records; authentication.
§ 17-131 Order for examination before justice of supreme court.
§ 17-132 Appearance and examination of witnesses.
§ 17-133 Penalties.
§ 17-133.1 Failure to abate rodents; penalties.
§ 17-133.2 Rat mitigation zones.
§ 17.133.3 Rat mitigation reporting.
§ 17-134 Joinder of defendants.
§ 17-135 Court fees not to be charged.
§ 17-136 Costs.
§ 17-137 Jurisdiction; title to real estate.
§ 17-138 Officers to be peace officers.
§ 17-139 Injunctions against department; undertakings.
§ 17-140 Officers and judges to act promptly.
§ 17-141 Service of orders.
§ 17-142 Definition of nuisance.
§ 17-143 Nuisances; punishment.
§ 17-144 Nuisances; who is liable.
§ 17-145 Dangerous buildings, places and things; declaration as nuisance.
§ 17-146 Stay of execution; modification.
§ 17-147 Execution.
§ 17-148 Substituted service; posting; service by publication.
§ 17-149 On what expenses to be a lien.
§ 17-150 Suits for expenses.
§ 17-151 Lien on premises.
§ 17-152 Validity of lien; grounds for challenge.
§ 17-153 Statement of expenses of executing orders.
§ 17-154 Service of order or judgment.
§ 17-155 Payments to department.
§ 17-156 Refusal to pay department.
§ 17-157 Payment to department; effect.
§ 17-158 Department to retain moneys until twelve days after notice.
§ 17-159 Infected and uninhabitable houses; vacation orders.
§ 17-160 Proceedings for condemnation.
§ 17-161 Institution of proceedings.
§ 17-162 Admissible evidence.
§ 17-163 Amount of compensation.
§ 17-164 Inspection reports; publication.
§ 17-165 Inspection and removal of articles.
§ 17-166 Record of births, fetal deaths and deaths.
§ 17-167 Supplemental birth records.
§ 17-167.1 Sex designation on birth records.
§ 17-167.2 Report and advisory board on gender marker change requirement. [Repealed]
§ 17-168 Certificate of registration of birth.
§ 17-168.1 Distribution of college savings plan materials within three months of the receipt of the report of any birth.
§ 17-169 Certified copies of records of birth, fetal death, and death; certificates of birth.
§ 17-170 Records of births, deaths and marriages on file with the department and the clerk of the county of Kings; transfer to the department of general services; certification.
§ 17-171 Records of marriages on file with the department of health and mental hygiene; transfer to the city clerk; certification.
§ 17-172 Dislodging food from person choking; poster.
§ 17-173 Dangers of consuming alcoholic beverages during pregnancy; warning sign.
§ 17-174 Provision of interpretation services in hospitals.
§ 17-174.1 [Language access services for abortion providers.]
§ 17-175 Waste reduction study.
§ 17-176 Prohibitions on the distribution of tobacco products.
§ 17-176.1 Prohibition on the sale of discounted cigarettes and tobacco products.
§ 17-177 Prohibition on the distribution of tobacco products through vending machines.
§ 17-178 Availability of resuscitation equipment in certain public places.
§ 17-179 Department screening, diagnosis and treatment.
§ 17-180 Training of department personnel.
§ 17-180.1 Overdose prevention and reversal training; needle, syringe, and sharps buyback.
§ 17-180.2 Trauma-informed care.
§ 17-181 Lead-based paint; dry scraping and dry sanding prohibited.
§ 17-182 City-funded public hospitals and health facilities required to utilize peace officers.
§ 17-183 Publication and dissemination of public health insurance program options.
§ 17-184 Availability of contraception.
§ 17-184.1 Availability of medication abortion.
§ 17-184.2 Availability of rapid testing for sexually transmitted infections.
§ 17-185 Inspection by the department of unsafe work practices.
§ 17-186 Lead poisoning prevention in children.
§ 17-186.1 Education and outreach regarding childhood lead poisoning prevention.
§ 17-187 School nurses.
§ 17-188 Automated external defibrillators.
§ 17-188.1 Information on cardiopulmonary resuscitation courses available to the public.
§ 17-188.2 Blood pressure machines in public places.
§ 17-189 Prohibition on sale of certain substances containing lead.
§ 17-190 Deaths of homeless persons and homeless shelter residents; report.
§ 17-191 Child fatality review advisory team.
§ 17-192 Foods containing artificial trans fat.
§ 17-193 Trauma scenes.
§ 17-194 Drinking water tank inspections.
§ 17-194.1 Cooling towers; maintenance and inspection.
§ 17-195 Food allergy posters.
§ 17-195.1 Posting of sanitary inspection grade.
§ 17-196 Electronic death registration system.
§ 17-197 Restraining animals outdoors.
§ 17-197.1 Wild and exotic animal circus performances prohibited.
§ 17-198 Hepatitis B and hepatitis C data compilation and reporting.
§ 17-199 Health services in correctional facilities.
§ 17-199.1 Lactation rooms.
§ 17-199.2 Contraceptives reporting.
§ 17-199.2.1 Report on medical services relating to reproductive health care.
§ 17-199.3 Maternal mortality and morbidity annual report.
§ 17-199.3.1 Maternal mortality and morbidity review committee (M3RC).
§ 17-199.3.2 Education on polycystic ovary syndrome and endometriosis.
§ 17-199.3.3 Report and recommendations on cesarean sections.
§ 17-199.4 HPV vaccination reporting.
§ 17-199.5 Encouragement of physician referrals for indoor allergen hazards.
§ 17-199.6 Investigations of indoor allergen hazards in dwellings of persons with medically diagnosed moderate persistent or severe persistent asthma.
§ 17-199.7 Education about indoor allergen hazards.
§ 17-199.8 Inspection by the department of unsafe work practices for indoor allergen remediation.
§ 17-199.9 Educational materials on drugs and opiates awareness and prevention.
§ 17-199.10 Doulas.
§ 17-199.11 Food service establishment beverage options for children's meals.
§ 17-199.12 Report of early intervention services.
§ 17-199.12.1 Report of autism spectrum disorder services.
§ 17-199.13 Farm-to-city projects.
§ 17-199.14 Report on heat vulnerability and heat-related deaths.
§ 17-199.15 Gender and racial equity advisory board.
§ 17-199.16 Public information and outreach campaign on medically unnecessary treatments on individuals born with intersex traits or variations in sex characteristics.
§ 17-199.17 Information on midwives.
§ 17-199.18 Added sugar notifications.
§ 17-199.19 Provision of sexual and reproductive health services.
§ 17-199.20 Citywide diabetes reduction plan.
§ 17-199.21 Vision testing and eyeglasses.*
§ 17-199.21 Mental health and behavioral health services outreach and education.*
§ 17-199.22 Information regarding emergency rooms and pediatric trauma centers.
§ 17-199.23 Report on drownings.
§ 17-199.24 Sickle cell trait and disease.
§ 17-199.25 Citywide population health agenda.
§ 17-199.26.1 Mental health materials for individuals who have experienced pregnancy loss.
§ 17-200 Prohibited acts with respect to wild birds.
Chapter 2: Medical Examiner
Chapter 3: Licenses and Permits
Chapter 4: Standards Governing the Performance of Sterilizations
Chapter 5: Smoke-Free Air Act
Chapter 6: Drug Testing of School System Conveyance Drivers
Chapter 7: Regulation of Tobacco Products
Chapter 8: Animal Shelters and Sterilization Act
Chapter 9: Lead
Chapter 10: Prescription Drug Discount Card Act
Chapter 11: Neighbor Notification of Pesticide Application
Chapter 12: Pesticide Use by City Agencies
Chapter 13: Availability of Information Regarding Day Care Services
Chapter 14: Limits on Volatile Organic Compound Emissions in Carpet and Carpet Cushion
Chapter 15: Food Service Establishments
Chapter 16: Animal Abuse Registration Act
Chapter 17: Pet Shops
Chapter 18: Police and Correctional Healthcare Evaluation and Sharing
Chapter 19: Force-Fed Products
Chapter 20: Primary Care Services and Patient Navigation Program
Chapter 21: Interference with Reproductive or Endocrine Medical Care*
Chapter 21: Nightlife Opioid Antagonist Program*
Title 18: Parks
Title 19: Transportation
Title 20: Consumer and Worker Protection
Title 20-A: [Shipboard Gambling]
Title 21: Social Services
Title 21-A: Education
Title 22: Economic Affairs
Title 23: Communications
Title 24: Environmental Protection and Utilities
Title 25: Land Use
Title 26: Housing and Buildings
Title 27: Construction and Maintenance
Title 28: New York City Construction Codes
Title 29: New York City Fire Code
Title 30: Emergency Management
Title 31: Department of Veterans' Services
Title 32: Labor and Employment
Title 33: Investigations
Title 34: Racial Equity
Appendix A: Unconsolidated Local Laws
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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§ 17-192 Foods containing artificial trans fat.
   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.
§ 17-193 Trauma scenes.
   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.
§ 17-194 Drinking water tank inspections.
   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)
§ 17-194.1 Cooling towers; maintenance and inspection.
   a.   Definitions. For the purposes of this section, the following terms have the following meanings:
      Building. The term "building" has the same meaning as in section 28-101.5 of this code.
      Cooling tower. The term "cooling tower" has the same meaning as in section 28-317.2 of this code.
      Owner. The term "owner" has the same meaning as in section 28-101.5 of this code.
   b.   Registration. An owner of a building that has a cooling tower shall register the cooling tower with the department of buildings in accordance with article 317 of chapter 3 of title 28 of this code.
   c.   Maintenance program and plan. An owner of a building that has a cooling tower shall develop and implement a maintenance program and plan for such cooling tower that is in accordance with sections 5, 6, and 7.2 of the American society of heating, refrigeration and air-conditioning engineers standard 188 for the year 2015 (ASHRAE 188-2015) and with the manufacturer's instructions. Such program and plan shall be developed by a qualified person.
   d.   Cleaning and disinfection after extended shut-down. At a minimum, an owner shall clean and disinfect cooling towers that are shut-down for more than five days. Cleaning and disinfection shall occur within 15 days before the use of such tower.  
   e.   Minimum requirements for inspections and testing. At a minimum, cooling towers, other than cooling towers whose use has been permanently discontinued and for which a notice of such discontinuation has been sent to the department of buildings, shall be inspected and tested at least as frequently as every three months during periods of the year such cooling towers are in use.
      1.   Each inspection shall include an evaluation of the cooling tower and associated equipment for the presence of organic material, biofilm, algae and other visible contaminants.
      2.   Each inspection shall include a test for the presence of microbes in the water of the cooling tower. The department shall by rule establish (i) the targets and acceptable methods of microbial testing and laboratory analysis, (ii) the levels of microbes in cooling towers that are indicative of a maintenance deficiency requiring mitigation, including but not limited to maintenance to prevent potential health risks, and (iii) the levels of microbes in cooling towers that present a serious health threat and require immediate action and reporting.
         (a)   Where the results of any such test indicate levels of microbes that are indicative of a maintenance deficiency requiring mitigation, including but not limited to maintenance to prevent potential health risks, the owner of the building that has such cooling tower shall, within 48 hours after such owner knows or reasonably should know of such results, clean and disinfect the cooling tower in accordance with the rules of the department.
         (b)   Where the results of any such test indicate levels of microbes that present a serious health threat, the owner of the building that has such cooling tower shall, within 24 hours after such owner knows or reasonably should know of such results, (i) notify the department and (ii) clean and disinfect the cooling tower, including an additional application of biocide, in accordance with the rules of the department.
   f.   Inspections, cleaning and disinfection. All inspections, cleaning and disinfection required by this section shall be performed by or under the supervision of a qualified person. For any inspection that includes tests conducted pursuant to paragraph 2 of subdivision e of this section, such qualified person shall, within five days of such inspection, report to the department the date on which such inspection occurred, and the department shall make that date available on a city website. The owner shall ensure that such report is submitted to the department by the qualified person within five days of the inspection. When the department inspects a property pursuant to paragraph 1 of subdivision i of this section, it shall check the accuracy of the dates reported pursuant to this subdivision against the dates of inspection in the records of the property owner.
   g.   Abatement. Where an owner does not clean and disinfect a cooling tower within the time and manner set forth in subdivision e, the department may serve an order on the owner requiring compliance within a specified time. If such order is not complied with the department may authorize any agency of the city to act as agent of the department in executing such order and may recover the costs of such execution from the owner in accordance with any of the methods set forth in sections 17-149 through 17-158.  
   h.   Recordkeeping. 
         1.   An owner shall keep and maintain records of all inspections and tests performed pursuant to this section for at least three years. An owner shall maintain a copy of the maintenance program and plan required by subdivision c of this section on the premises where a cooling tower is located. Such records and plan shall be made available to the department immediately upon request.
         2.   An owner shall make available the results of each inspection conducted pursuant to subdivision e of this section to any member of the public within five business days of a request, or within five business days of the receipt of such results by such owner, whichever is later.
   i.   Enforcement.  
      1.   An officer, employee or agent of the department may enter onto any property to inspect the cooling tower, and review and obtain a copy of any records or plan required to be kept under subdivision h of this section, for compliance with the requirements of this section or any of the rules promulgated thereunder, in accordance with applicable law.  
      2.   (i)   Any owner of a building who violates any provision of this section or any of the rules promulgated thereunder shall be liable for a civil penalty of not more than $2,000 for a first violation, and not more than $5,000 for a second or subsequent violation, except that such owner shall be liable for a penalty of not more than $10,000 for any violation that is accompanied by or results in a fatality or serious injury.
         (ii)   In addition to any civil penalties under this subdivision, a violation of an order pursuant to subdivision g of this section shall be a misdemeanor punishable by a fine of not more than $25,000 or imprisonment for not more than one year, or both.
         (iii)   A notice of violation served for civil penalties pursuant to this section shall be returnable at the environmental control board or any tribunal established within the office of administrative trials and hearings.
   j.   Electronic reporting. The department may require any submission required by this section be submitted electronically.
   k.   Guidance for building owners. The department, in consultation with the department of buildings, shall hold information sessions, at least twice annually, for interested building owners, regarding the requirements for maintaining, cleaning, and inspecting cooling towers in accordance with this section. The information provided in such information sessions shall also be posted on the website of the department in simple and understandable terms.
   l.   The commissioner, in consultation with the department of buildings, shall submit a report to the mayor and the speaker of the city council on or before May 15 each year until May 15, 2025, reporting on the following information for the prior year:
      1.   The number of new cooling tower registrations pursuant to section 28-317.3 and the number of notifications of discontinued use of a cooling tower pursuant to section 28-317.3.1 received by the department of buildings through November 1 of the prior year;
      2.   The number of annual certifications that a cooling tower was inspected, tested, cleaned and disinfected pursuant to section 28-317.5 received by the department of buildings through November 1 of the prior year;
      3.   The number of reports of tests for the presence of microbes that reveal levels that present a serious health threat received by the department pursuant to paragraph 2 of subdivision e of this section;
      4.   The number of inspections of cooling towers conducted pursuant to subdivision i of this section and the rules of the department, the number and types of any violations cited during such inspections, and the number of buildings registered pursuant to subdivision b of this section by November 1 of the prior year that were not inspected;
      5.   The number of cleanings, disinfections or other actions performed by or on behalf of the department pursuant to subdivision f of this section; and
      6.   The number of persons diagnosed with legionnaires' disease in the city in each of the previous 10 years, to the extent known or reasonably discoverable by the department.
   m.   In addition to the requirements of section 23-502, the results of each inspection of a cooling tower by the department conducted after the effective date of this section pursuant to paragraph 1 of subdivision i of this section shall be posted in a searchable format on the website of the department and maintained on such website for no less than three years.
(L.L. 2015/077, 8/18/2015, eff. 3/1/2016; Am. L.L. 2019/076, 4/28/2019, eff. 10/25/2019; Am. L.L. 2019/077, 4/28/2019, eff. 7/27/2019; Am. L.L. 2019/078, 4/28/2019, eff. 7/27/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/077.
§ 17-195 Food allergy posters.
   a.   Definitions.
      1.   "Covered languages" shall mean Chinese, English, Korean, Russian and Spanish, and any other language determined by the department.
      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, except that it shall apply exclusively to restaurants where food is sold and space is designated specifically as an eating area.
   b.   The department shall create a poster containing information on food allergy to be posted in food service establishments. Such poster shall be printed in the covered languages and shall be made available by the department to food service establishments.
   c.   Every food service establishment shall post, in accordance with the rules of the department, the poster containing information on food allergy created by the department pursuant to subdivision b of this section in a conspicuous location accessible to all employees involved in the preparation of food and the service of food.
   d.   The department may charge a fee to cover printing, postage and handling expenses in connection with making the poster available to food service establishments.
   e.   Any food service establishment that violates subdivision c of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not to exceed one hundred dollars for each violation.
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