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Chapter 1: Required Signs
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New York City Health Code
Introductory Notes
Title I: Short Title, Definitions and General Provisions
Title II: Control of Disease
Title III: Maternal, Infant, Child and School Health Services
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Part A: Food and Drugs
Article 71: Food, Drugs and Cosmetics
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Article 81: Food Preparation and Food Establishments
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Article 121: Other Food Establishments: Dry Warehouses; Edible Egg Breaking; Bakeries; Mineral, Spring and Other Waters; Carbonated and Other Beverages [Repealed]
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§ 88.13 Water; Potable Water Supply; Disposal of Waste Water.
   (a)   Potable hot and cold water. Each temporary food service establishment shall be provided with sufficient potable hot and cold water from sources approved by the Department for food preparation, cleaning equipment and hand washing.
   (b)   Bottled and packaged water. Bottled and packaged potable water shall be obtained from a source approved by the State Commissioner of Health and handled and stored in a way that protects it from contamination. Bottled and packaged potable water shall be dispensed from the original container.
   (c)   Water tanks.
      (1)   Potable water storage tanks in temporary food service establishments shall be constructed from food-grade materials, in accordance with 24 RCNY Health Code Article 81.
      (2)   Water storage tanks shall be sanitized, emptied and rinsed with potable water before use and between temporary food service events.
      (3)   Water shall not be transported from one event to another event.
   (d)   Waste water storage and disposal.
      (1)   The sponsor shall arrange for daily storage and disposal of waste water generated by each temporary food service establishment at an event in a manner that does not create a nuisance. Waste water storage containers shall be enclosed and leak-proof.
      (2)   When required by Table 1 of 24 RCNY Health Code § 88.09, temporary food service establishments shall maintain waste water storage tanks and pipes designed in manner that does not result in leaks or spills on sidewalks or public streets. Drains for waste water from sinks, refrigeration, other holding units, and cooking equipment shall be designed and installed so as to prevent backflow from waste water storage tanks into potable water supplies.
§ 88.15 Toilets and Hand Wash Sinks Required.
Where sufficient fixed or permanent plumbing facilities are not available, the sponsor of an event shall provide and maintain portable chemical toilets, hand washing sinks equipped with hot and cold potable running water and drying facilities for use by temporary food service establishment food workers and patrons.
§ 88.17 Single Service Articles.
Only single use articles as defined and described in 24 RCNY Health Code Article 81 shall be provided for patrons' use, and shall be discarded after use.
§ 88.19 Refuse and Trash.
   (a)   Containers. Where an event is not subject to the rules of the Mayor's Office of Citywide Events Coordination and Management Street Activity Permit Office (50 RCNY Chapter 1), or successor office or agency, the sponsor shall provide or arrange for an adequate number of receptacles and containers, constructed in compliance with 24 RCNY Health Code Article 151, for the storage and disposal of refuse, garbage and recyclables.
   (b)   Cleaning and maintenance. The sponsor shall maintain or arrange for maintenance of the event area and for the collection and removal of accumulated refuse and garbage at regularly scheduled intervals during and after the event.
§ 88.21 Enforcement.
   (a)   Imminent health hazards. When, in the opinion of the Department, any food, equipment, or temporary food service establishment at an event presents an imminent health hazard as defined in 24 RCNY Health Code Article 81, or is in an unclean condition, or is in disrepair or damaged to such an extent so as to render it unsafe, such food, equipment, establishment or any part thereof may be ordered sealed and its use or operation immediately discontinued upon the order of the Commissioner or designee. Upon such sealing, the Department shall affix thereto labels or conspicuous signs stating that the establishment has been closed because of an imminent health hazard. The operator may request an immediate opportunity to be heard by the Department, and an opportunity to reopen upon curing the imminent health hazard. Labels or signs affixed by the Department shall not be removed except as authorized by the Department.
   (b)   Closure. A temporary food service establishment found operating without a valid permit in violation of this Article shall be ordered closed and the operator ordered to cease all food operations and to remain closed until the operator obtains a currently valid permit for the temporary food service establishment.
   (c)   Access required. Department inspectors shall be permitted access for purposes of inspection at all times that a temporary food service establishment is operation, regardless of whether it is open to the public for service of food. Refusal of access or admittance of an inspector shall be cause for revocation of a permit and issuance of an order to close.
§ 88.23 Modification.
The Commissioner may modify requirements of this Article when compliance presents practical difficulties or unusual or unreasonable hardships in a specific instance, consistent with the purpose and intent of this Article and this Code.
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