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a. The department shall report to the council no later than 18 months from the effective date on activities it has undertaken to educate physicians and other health care providers who treat persons with asthma about the role of indoor allergens in asthma exacerbation and the availability of inspections for asthma triggers in their patients' primary residence by the department and the department of housing preservation and development, and on any mechanism they have to refer to the department or the department of housing preservation and development, with consent, the contact information for patients who report these conditions in their primary residence. The report shall describe what was done following such referrals, and what the outcomes were of any that were made and received during this period.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
a. The department shall establish procedures to permit doctors, nurses, or other health professionals, upon the consent of their patients, to request a department investigation of possible indoor allergen hazards in dwellings where persons reside who have been medically diagnosed with moderate persistent or severe persistent asthma. Such procedures shall provide for the referral to the department of housing preservation and development of such requests that would be subject to section 27-2017.6. The procedures shall also provide for an investigation to be made when the department is notified that a person who has been medically diagnosed with moderate persistent or severe persistent asthma is residing in a dwelling with possible indoor allergen hazards not otherwise subject to enforcement by the department of housing preservation and development under section 27-2017.6. Such indoor allergen hazards may include, but are not limited to, mold that is not readily observable to the eye, including mold that is hidden within wall cavities, construction dust or such other conditions as the department shall from time-to-time determine by rule are indoor allergen hazards.
b. In the event that the department determines that an indoor allergen hazard exists, the department shall order the owner to correct the condition and the underlying causes of such a condition within twenty-one days, in a manner and under such safety conditions as it may specify, including the integrated pest management practices in section 27-2017.8 and the work practices established pursuant to section 27-2017.9.
c. In the event that the department determines that the owner or other person having the duty or liability to comply with an order issued pursuant to this section fails to substantially comply therewith within twenty-one days after service thereof, the department shall, in accordance with section 27-2017.10, refer such order to the department of housing preservation and development. The department of housing preservation and development may take such enforcement action as is necessary, including performing or arranging for the performance of the work to correct the certified condition.
d. The department shall report to the council and mayor no later than 24 months from the effective date on activities it has undertaken under this section as they relate to adults with asthma diagnoses, including but not limited to the number adult asthma referrals by type to the department for inspection, the number and types of orders issued to property owners by the department as a result of adult asthma referrals, and the number of apartments that have completed remediation for indoor asthma allergens as a result of adult asthma referrals. Upon submission of such report the agency may submit a recommendation to the council containing a proposed redefinition of "persons with medically diagnosed moderate persistent or severe persistent asthma" for the purposes of the provision of this article.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019; Am. L.L. 2019/051, 3/16/2019, retro. eff. 1/19/2019)
The department shall develop a pamphlet which shall be in English and in the covered languages set forth in section 8-1002*, explaining the hazards associated with indoor allergens and describing tenant rights and owner responsibilities under this law, including safe work practices and mechanisms through which the public may report indoor allergen hazards in the home. Such pamphlet shall be made available in accordance with section 27-2017.6. Such pamphlet shall also be made available to any member of the public upon request. The department shall also develop a training curriculum for educating owners and building maintenance personnel on the appropriate work methods for controlling and removing indoor allergen hazards in rental housing, including integrated pest management. Such training curriculum shall also be made available to any member of the public upon request.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
* Editor's note: Repealed. For current provisions, see Title 21, Chapter 1, Subchapter 1.
The department shall respond to complaints of unsafe work practices related to the correction of indoor mold hazard violations that result in chemical vapors, dust, or other environmental hazards, and promptly refer complaints of unsafe pest control to the New York state department of environmental conservation.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
DOE. The term "DOE" means the department of education.
DYCD. The term "DYCD" means the department of youth and community development.
b. The department shall develop age appropriate educational materials regarding drugs and opiates awareness and prevention.
c. Such materials shall be made available by the department to DYCD and DOE at the beginning of each calendar year.
d. The department shall make available such educational materials on the department's website in English and in each of the designated citywide languages as defined in section 23-1101.
(L.L. 2018/125, 6/26/2018, eff. 9/24/2018)
a. Definitions. For the purposes of this section, "doula" means a trained person who provides continuous physical, emotional, and informational support to a pregnant person and the family before, during or shortly after childbirth, for the purpose of assisting a pregnant person through the birth experience; or a trained person who supports the family of a newborn during the first days and weeks after childbirth, providing evidence-based information, practical help, and advice to the family on newborn care, self-care, and nurturing of the new family unit.
b. No later than June 30, 2019, the department shall submit to the speaker of the council and post on its website a plan to increase access to doulas for pregnant people in the city, including relevant timelines and strategies. In developing such plan, the department shall assess data regarding the needs of pregnant people and may consider the following factors:
1. The demand for doulas in the city;
2. The number of doulas in the city and any appropriate qualifications;
3. Existing city and community-based programs that provide doula services, including whether such programs offer training for doulas;
4. The availability of doula services that are low-cost, affordable, or free to the mother or pregnant person;
5. Areas or populations within the city in which residents experience disproportionately low access to doulas;
6. Areas or populations within the city in which residents experience disproportionately high rates of maternal mortality, cesarean birth, infant mortality, and other poor birth outcomes;
7. The average cost of doula services, and whether such services may be covered by an existing health plan or benefit; and
8. Any other information on the use of doulas and benefits associated with the use of doulas.
Such plan shall additionally list the factors considered in development of the plan.
c. No later than June 30, 2019, and on or before June 30 every year thereafter, the department shall submit to the speaker of the council and post on its website a report on the following information:
1. Known city and community-based programs that provide doula services, including whether such programs offer training for doulas;
2. Areas or populations within the city in which residents experience disproportionately high rates of maternal mortality, infant mortality, and other poor birth outcomes; and
3. Any updated information regarding implementation of the plan required by subdivision b of this section since the prior annual report.
(L.L. 2018/187, 11/17/2018, eff. 11/17/2018)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Children's meal. The term "children's meal" means a food or combination of food items listed on a menu or menu board and intended for consumption by children to which the presumption described in subdivision e attaches.
Food. The term "food" has the same meaning as in article 71 of the New York city health code.
Food service establishment. The term "food service establishment" means any establishment inspected pursuant to the restaurant grading program established pursuant to subdivision a of section 81.51 of the New York city health code.
Menu or menu board. The term "menu or menu board" has the same meaning as in section 81.49 of the New York city health code.
b. The selection of beverages listed as part of the children's meal shall be limited to the following:
1. Water, sparkling water or flavored water, with no added natural or artificial sweeteners;
2. Flavored or unflavored nonfat or one percent fat dairy milk, or flavored or unflavored non-dairy beverage that is nutritionally equivalent to fluid milk, in a serving size of eight ounces or less; or
3. One hundred percent fruit or vegetable juice, or any combination thereof, with no added natural or artificial sweeteners, in a serving size of eight ounces or less. Such juice may contain water or carbonated water.
c. Nothing in this section prohibits a food service establishment from providing upon request by a customer a substitute beverage other than the beverage required under subdivision b of this section.
d. Any food service establishment that violates any of the provisions of this section or any rule promulgated thereunder by the department shall be liable for a civil penalty of $50. Where a person is found to have violated this section or any rule promulgated thereunder 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.
e. It shall be a rebuttable presumption that a food item or combination of food items on a menu or menu board is intended for consumption by children if the item or items are shown on the menu or menu board in any one of the following ways:
1. Alongside any of the following words: "child," "children," "kids," "junior," "little," "kiddie," "kiddo," "tyke," any synonym or abbreviation of such words, or any word the department determines would similarly identify a children's meal;
2. Alongside a cartoon illustration, puzzle or game;
3. Accompanied or being offered with a toy or kid's game; or
4. With a limitation on the maximum age of a person who can select the item or items.
f. Any food service establishment that violates this section or any rules promulgated thereunder shall not be subject to a civil penalty for a first-time violation if such person 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.
(L.L. 2019/075, 4/28/2019, eff. 4/28/2020; Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
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