§ 3.13 Enforcement of this Code Otherwise than by Prosecution or Other Compulsory Means .

In lieu of enforcement of this Code by way of prosecution, recovery of civil penalties, revocation of permits, seizure, embargo and condemnation, and other compulsory means, the Department may seek to obtain the voluntary compliance with this Code by way of notice, warning or other educational means; this section does not, however, require that such non-compulsory methods be used before proceeding by way of compulsory enforcement.

§ 3.15 Interfering with or Obstructing Department Personnel; Gifts, Gratuities and Bribes .

   (a)   No person shall interfere with or obstruct Department personnel in carrying out an inspection, survey or examination or in the performance of any other duty for the Department or Board.

   (b)   No person shall give or offer a gift, gratuity, benefit, favor or bribe, including but not limited to money, food, and drink, to an employee or agent of the Department engaged in carrying out an inspection, survey or examination or in the performance of any other duty for the Department or Board.

§ 3.17 Notices, Orders and Other Posted Materials Not to Be Mutilated, Obstructed or Torn Down .

No material, order or notice posted or required to be posted by the Department shall be mutilated, obstructed, torn down or removed unless authorized to do so by the Department or by this Code or other applicable law.

§ 3.19 False and Misleading Statements, Reproductions and Alterations .

   (a)   No person shall make a false, untrue or misleading statement or forge the signature of another on a certificate, application, registration, report or other document in paper, electronic or any other form or medium, required to be submitted or filed with the Department. No person shall make a false, untrue or misleading oral statement to the Department as to any matter investigated by the Department.

   (b)   No person shall reproduce or alter or cause to be reproduced or altered a permit, report, certificate or other document in paper, electronic or any other form or medium, issued by the Commissioner, Department or Board if the purpose or effect of such reproduction or alteration is the evasion or violation of any provision of this Code or any other law.

§ 3.21 Use of English Language in Complying with Code; Use of Other Languages .

   (a)   When the Department or a provision of this Code requires the submission of an application, certificate, report or other document in paper, electronic or any other form, to the Department, any required writing shall be in the English language except that the Department may in its discretion allow the submission of such a required writing in another designated language, if such required writing is accompanied by an accurate, English translation of such writing.

   (b)   When the Department or a provision of this Code requires the use of warning or instructional signs or labels, any required writing shall be in the English language. If the Department is of the opinion that the persons to whom a required warning or instructional sign or label is addressed may not understand the English language, the Department may require that such sign or label appear legibly both in English and other designated languages.

§ 3.23 Reports of Departmental or Governmental Officials; Presumptive Evidence of Facts .

Written reports or documents in paper, electronic or any other form concerning a matter or subject within the jurisdiction of the Department or regulated by this Code, which are signed or certified by a person employed by any agency of the City, State or Federal government, shall be presumptive evidence of the facts stated therein.

§ 3.25 Inspection of Records and Proceedings of the Department .

   (a)   Except as prohibited, required or authorized by this Code, including this section, or other applicable law:

      (1)   Records of the Department containing individually identifiable information, or other information that the Department reasonably believes may endanger the health or safety of any person if disclosed, shall be confidential and used only by authorized personnel of the Department or its authorized agents. For the purposes of this section the term "individually identifiable information" shall mean any information or data which by itself or in combination with any other publicly available information could, in the opinion of the Department, be used to identify a particular individual;

      (2)   A person, upon submission of a legally appropriate written request or consent, and proof of identity satisfactory to the Department if deemed necessary by the Department, may inspect, or obtain a copy of, or authorize his or her attorney or representative to inspect or obtain a copy of a file, record, report, proceeding of the Department or any other document, whether oral, written, electronic, visual or in any other form which contains individually identifiable information pertaining to such person; provided that individually identifiable information pertaining to another person is not disclosed. A person who owns, manages, operates or has any legal interest in a premises may, in the manner set forth above, have access to Departmental reports and records of the Department's environmental inspections pertaining to such premises; provided that said records are redacted of any personal information concerning the occupants of such premises. A request to inspect or consent to disclose shall be made in writing and shall describe the information to be inspected or disclosed. Inspections of records shall be permitted during times and at such places as the Department may determine. A written authorization for an attorney or representative to inspect or obtain copies of Department records shall be made on forms provided or a format approved by the Department.

   (b)   Subdivision (a) of this section shall not prevent authorized personnel of the Department from furnishing appropriate information to a physician or institution providing examination or treatment to a person suspected of or affected with a disease or condition, to an agency approved by the Department for prevention, treatment or social care, or to any person when necessary for the protection of health. A person, institution or agency to whom such information is furnished or to whom access to records has been given, shall not divulge any part thereof so as to disclose individually identifiable information of the person to whom such information or record relates, except insofar as such disclosure is necessary for the treatment of such person or for the protection of the health of others. Notwithstanding the subdivision (a) or (b) of this section, no such access or disclosure shall occur if such is otherwise prohibited by this Code or other applicable law.

   (c)   No person shall violate any term or condition of a written data use agreement, protocol or other understanding upon which the Department has relied to grant access to individually identifiable information or data.

   (d)   The Department may charge a reasonable fee, established in accordance with applicable law, for the provision of access to, or inspection or copying of, information, data or records pursuant to this section.