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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)
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.
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.
a. Definition. "Internet-based food delivery service provider" shall mean any food service establishment as defined in section 81.03 of the health code of the city of New York that accepts food orders for delivery from customers via the internet or mobile application, or any third-party website or mobile application that accepts food orders for delivery from customers via the internet.
b. Every internet-based food delivery service provider shall conspicuously post on their website or mobile application a hyperlink to the city of New York's health department food establishments lookup tool, which lists the most current sanitary inspection letter grade of any food service establishment, pursuant to section 81.51 of the health code of the city of New York, for which food delivery services are provided to customers.
c. Any internet-based food delivery service provider that violates subdivision b 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.
(2024 N.Y. Laws Ch. 540, 11/25/2024, eff. 3/25/2025)
a. Definition. For the purposes of this section, the term "responsible person" shall mean any individual, governmental body or division thereof or corporate entity authorized by the department to use the electronic death registration system.
b. Development of an electronic death registration system. The department shall, subject to the approval of the board of health, develop an electronic death registration system. Such electronic death registration system shall include an internet based electronic method of collecting, storing, recording, transmitting, amending and authenticating information necessary to complete a death registration. Such system shall enable the department to produce certified death certificates and amended death certificates, as well as burial, transportation, cremation and disinterment permits, and any such other related documents determined by the department as capable of being produced and transmitted by such system. Such system shall, with the exception of certified death certificates and amended death certificates, be able to transmit information and documents to remote local printers or facsimile machines of responsible persons for printing. Such system shall include an electronic payment system by which all fees, including, but not limited to, those relating to data recordation and the issuance of permits and certified copies of death certificates, may be transmitted to the department. The department shall ensure that the electronic death registration system be designed in such a way so as to best facilitate convenient access by responsible persons in a manner consistent with ensuring system security.
c. Implementation.
(i) By October 1, 2006, the department shall ensure that at least sixty percent of all deaths occurring within the city of New York are registered via the electronic death registration system.
(ii) By October 1, 2008, the department shall ensure that the electronic death registration system is accessible to all responsible persons who seek to use such system for the registration of deaths occurring within the city of New York and that at least seventy-five percent of all deaths occurring within the city of New York are registered via such system.
d. Emergency events; exceptions. In the event of an emergency declared by the commissioner or the mayor, or exigent circumstances declared by the commissioner or chief medical examiner on a case-by-case basis, the electronic death registration system shall not be required as the means for the registration of deaths.
e. Training and certification. By October 1, 2004, the department shall develop a training curriculum and implement a training program based on such curriculum to train all responsible persons and their designees pursuant to subdivision f of this section in the operation and use of the electronic death registration system. The department shall ensure that such training program be offered at least four times a year at various locations throughout the city of New York at a price reasonably related to the cost of providing such training. Such programs may be operated by the department or by a private entity, including, but not limited to, health care facilities and relevant professional associations and societies, pursuant to an agreement with the department. At the successful completion of such training, such responsible persons and their designees shall receive a certification from the department indicating that such training was successfully completed.
f. Access.
(i) A responsible person may designate one or more employees of such responsible person to input information into the electronic death registration system under the supervision of such responsible person, but who are not authorized to authenticate such information.
(ii) By November 1, 2004, the department shall provide at least two computer workstations at all burial desks operated by the office of vital statistics for the use of responsible persons to input information into the electronic death registration system.
g. Violations. Any responsible person who violates any rules promulgated pursuant to this section shall be liable to pay a penalty as provided by the health code of the city of New York, the administrative code of the city of New York or any other applicable law, rule or regulation.
h. Reserved.
i. Reserved.
j. Rules. By November 1, 2004, the department shall promulgate rules in accordance with this section, and such other rules as may be necessary for the purpose of implementing and carrying out the provisions of this section. Such rules shall include a schedule of fees relating to the issuance of permits and certified death certificates that are reasonably related to the cost of operating and maintaining the electronic death registration system.
(Am. L.L. 2023/068, 5/29/2023, eff. 6/28/2023; Am. L.L. 2023/069, 5/29/2023, eff. 6/28/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/002.
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