reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 70 - Regulated Medical Waste › Subpart 70-4 - Requirements For Alternative Regulated Medical Waste Treatment Systems › Section 70-4.1 - Approval of technology

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 alternative treatment system shall be used to treat regulated medical waste
					 without approval by the Commissioner of Health of the treatment technology
					 pursuant to Subpart 70-5 of this Part. In the approval of an alternative
					 treatment technology, the department shall specify the scope of the approval,
					 including, but not limited to, the type(s) of waste and/or waste composition
					 for which the system has been approved.
(b) No regulated medical waste other than
					 that of a type and composition specified in the Commissioner of Health's
					 approval of an alternative treatment technology shall be treated using the
					 approved technology.
(c) No
					 facility shall use an alternative treatment system to render harmless, dispose
					 of or otherwise handle, in the same or different loads than regulated medical
					 waste, material other than the regulated medical waste for which the system
					 received approval, unless the facility, jointly with the system manufacturer,
					 demonstrates to the department that the system is effective in treating
					 regulated medical waste and that the system is not impacted adversely by the
					 facility's use of the system for purposes other than treating regulated medical
					 waste.
(d) An autoclave used to
					 treat human tissue(s), human and animal organs, and/or animal body parts shall
					 require approval as an alternative treatment system pursuant to Subpart 70-5 of
					 this Part. An autoclave operated at a residence time, temperature and/or
					 pressure other than those prescribed in Subpart 70-3 of this Part shall require
					 approval as an alternative treatment system pursuant to Subpart 70-5 of this
					 Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 70 - Regulated Medical Waste › Subpart 70-4 - Requirements For Alternative Regulated Medical Waste Treatment Systems › Section 70-4.3 - Validation testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 facility seeking to operate a regulated medical waste treatment system that
					 employs an approved alternative technology shall establish and implement a
					 protocol for validation testing that minimally includes procedures to simulate
					 actual system operation conditions, including, but not limited to, the
					 composition and volume of waste to be treated per load. The validation testing
					 protocol shall be approved by the department prior to initiation of
					 testing.
(b) Validation testing
					 shall be performed using the department-approved protocol at the installation
					 site of an approved alternative regulated medical waste treatment system.
					 Validation testing data shall be submitted for department review and approval
					 along with the operation plan.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 70 - Regulated Medical Waste › Subpart 70-4 - Requirements For Alternative Regulated Medical Waste Treatment Systems › Section 70-4.4 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each facility
					 shall document efficacy and validation testing, including testing protocols and
					 results, and routine system monitoring, and shall retain such records for three
					 years.
(b) Each facility shall
					 document, in the personnel file of each employee, participation in system
					 training and/or retraining, and retain such records for three years.
(c) Documentation of corrective action,
					 including that required by section 70- 4.2 of this Subpart, shall be retained
					 for three years.
(d) Each facility
					 shall document any modification to an approved operation plan and retain such
					 records for three years from discontinuance of the modified plan.
(e) The facility in which the alternative
					 treatment system is situated shall maintain a copy of the department's letter
					 notifying the manufacturer of the alternative treatment technology approval and
					 any appendices or amendments thereto for as long as the system is
					 operational.
(f) All records
					 required pursuant to this section shall be made available for inspection and
					 copying by the department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 70 - Regulated Medical Waste › Subpart 70-5 - Approval Of Alternative Treatment Technologies For Use In New York State › Section 70-5.1 - Treatment technology approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No alternative regulated medical waste
					 treatment system shall be used in New York State unless the Commissioner of
					 Health has approved the system's technology pursuant to this Subpart. The
					 system manufacturer, as applicant for technology approval, shall:
(1) submit an application on forms prescribed
					 by the Commissioner of Health;
(2)
					 demonstrate that the system's operation does not pose a threat to public health
					 or safety, including documentation that any chemical used in the system has
					 been registered and approved by the New York State Department of Environmental
					 Conservation for use in New York State;
(3) provide documentation that any chemical
					 used in system to treat regulated medical waste has been registered with the
					 Federal Environmental Protection Agency;
(4) establish the system's operating
					 parameters through efficacy testing, and demonstrate that the system
					 effectively treats regulated medical waste. Unless precluded by system design:
(i) efficacy testing shall be conducted on an
					 actual full-scale working model of the system, rather than a simulation, or
					 other substitution in scale or in kind; and
(ii) such testing shall employ surrogate test
					 loads, varying in organic to non-organic and solid to liquid compositions. Such
					 surrogate test loads shall include mycobacterium species and/or other
					 appropriate indicators as determined by the department, that has been
					 strategically placed throughout the test loads; and
(5) agree to provide all facilities in New
					 York State that use the alternative treatment system with a copy of the
					 department's technology approval letter, and any appendices or amendments
					 thereto for the period in which the system is in use in New York
					 State.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 70 - Regulated Medical Waste › Subpart 70-5 - Approval Of Alternative Treatment Technologies For Use In New York State › Section 70-5.2 - Limitations and voiding of approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
					 Approval shall be limited to the specific system model or version authorized by
					 the Commissioner of Health, and shall be valid for a period not to exceed two
					 years, renewable every two years.
(2) A renewal application shall be filed no
					 later than 180 calendar days prior to expiration of an existing
					 approval.
(3) Each renewal
					 application shall identify all installations of approved technology(ies) for
					 the applicant manufacturer in New York State.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 71 - Requirements For Vent-free Gas Space Heating Appliances › Section 71.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this rule is to protect public health,
					 safety and welfare by specifying requirements for vent-free gas space heating
					 appliances offered for sale or sold in New York State.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 71 - Requirements For Vent-free Gas Space Heating Appliances › Section 71.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sizing
				  guidelines means printed instructions provided by the manufacturer that contain
				  information on selecting vent-free gas space heating appliance with appropriate
				  heat output.
(b) Vent-free space
				  heating appliance, also known as a gas-fired unvented room heater, means an
				  unvented, self-contained, gas-burning appliance for connection to the house
				  fuel supply system and for furnishing heat to the space in which installed,
				  directly from the appliance without duct connection. These appliances may be
				  free-standing, wall mounted or for insertion in a noncombustible
				  fireplace.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 71 - Requirements For Vent-free Gas Space Heating Appliances › Section 71.3 - Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Manufacturers
				  of vent-free gas space heating appliances shall produce shipping carton labels
				  for vent-free gas space heating appliances that prominently and clearly
				  display, in bold type no smaller than 14 point, the following language:
WARNING: This appliance produces CARBON MONOXIDE, a
					 poisonous gas. You MUST use carbon monoxide alarms to avoid injury or
					 death.
CAUTION: Using the wrong size heater can be dangerous to
					 your health. Select and use the correct size heater following the
					 manufacturer's guidelines.
CAUTION: This appliance cannot be used as the only source
					 of heat in a home. Contact your local building department for more information
					 about any restrictions that may apply.
(b) Within four years of the effective date
				  of this regulation, manufacturers of vent-free gas space heating appliances
				  shall produce shipping carton labels for vent-free gas space heating appliances
				  that prominently and clearly display, in bold type no smaller than 14 point,
				  information on the vent-free gas space heating appliance's measured carbon
				  monoxide and nitrogen dioxide emission rates as a percentage of the carbon
				  monoxide and nitrogen dioxide emission rate standards referenced in a
				  recognized industry standard for vent-free gas space heating appliances.
				  Sellers of vent-free gas space heating appliances shall ensure that this label
				  is on the outside of each vent-free gas space heating appliance shipping carton
				  and is prominently and clearly displayed, in bold type no smaller than 14
				  point, on or near each vent-free gas space heating appliance on display at a
				  point-of-sale. The Commissioner of Health must have determined that the methods
				  and procedures used to develop the carbon monoxide and nitrogen dioxide
				  emission rates for the label represent:
(1)
				  normal operating conditions for the vent-free gas space heating
				  appliance;
(2) a reliable
				  analytical method; and
(3) an
				  accurate statistical measure of actual emission rates.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › General Provisions › Section 72-1.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						requirements of this Subpart shall apply to all tanning facilities except where
						ultraviolet radiation devices are used by a qualified health care professional
						for treatment of medical conditions.
(b) A county or other local jurisdiction may
						apply to the department for approval of a program for the regulation of tanning
						facilities within its jurisdiction. When such approval is given, the Department
						of Health, or equivalent agency of such county or other local jurisdiction, may
						enact and enforce local regulations governing such program.
(c) Any local regulations issued pursuant to
						subdivision (b) of this section must be at least as protective as any related
						requirements in this Subpart, and may include, but are not limited to,
						provisions relating to the following:
(1) the
						conspicuous posting of the tanning facility's permit and appropriate warning
						signs;
(2) the required provision
						of informational materials by tanning facilities, which may include, but need
						not be limited to, an advisory to customers of conditions, such as the use of
						photosensitizing drugs, under which the use of ultraviolet radiation is
						contraindicated;
(3) standards for
						cleanliness, hygiene and safety;
(4) the requirement that each tanning
						facility provide adequate protective eyewear to customers without additional
						charge therefor;
(5) the reporting
						of injury or illness related to the use of ultraviolet radiation
						devices;
(6) requiring tanning
						facilities to maintain specified records;
(7) requiring patrons to provide
						identification and sign a statement of acknowledgment prior to undergoing
						ultraviolent radiation exposure at a tanning facility ;
(8) requiring tanning facilities to prohibit
						the use of ultraviolet radiation devices by persons under eighteen (18) years
						of age.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › General Provisions › Section 72-1.3 - Enforcement, public health hazards and other violations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Enforcement.
(1) Operation of a tanning facility without a
						permit is a violation of this Subpart. The PIO may order any tanning facility
						operating without a permit to close and remain closed until the facility
						obtains and displays a valid permit.
(2) Operators in violation of these
						regulations are subject to the enforcement provisions delineated in the Public
						Health Law. Where a public health hazard is found, the tanning facility or
						portion of the facility constituting the hazard shall be placarded to prohibit
						use until the hazard is corrected in order to protect the public health or
						safety of the patrons. When a placard is used, it shall be conspicuously posted
						at each entrance to the tanning facility or portion of the facility
						constituting the hazard. The placard shall state the authority for its
						placement and indicate that concealment, mutilation, alteration or removal of
						it by any person without permission of the PIO shall constitute a violation of
						this Chapter and the Public Health Law.
(3) Within 15 days of placarding of a
						facility or portion of the facility, the operator shall be provided with an
						opportunity to be heard and present proof that continued operation of the
						facility does not constitute a danger to the public health.
(4) The PIO or his/her designated
						representative may inspect the premises, within two working days of
						notification that the hazard has been eliminated to remove the placards after
						verifying the correction, or upon notification of correction, may provide
						verbal authorization for the operator to remove the placard and resume
						use.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › General Provisions › Section 72-1.4 - Permits and fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The PIO
						shall issue a permit to a person who meets the requirements of these rules and
						submits an application on a form prescribed by the State Commissioner of Health
						along with payment of a $ 120 registration fee per biennial registration period
						and an inspection fee as specified in section
						72-1.5(b)  of this
						Subpart;
(b) A permit issued
						pursuant to these rules shall be issued to a specific applicant for a specified
						location and shall be effective for no more than two years from the date of
						issuance.
(c) Permits may be issued
						for a period of less than two years, with appropriate proration of the
						registration fee at the rate of $ 5.00 per month or each portion of a month
						thereof.;
(d) The PIO may stagger
						biennial registration periods among tanning facilities as needed to effectively
						administer permits within their jurisdiction. The PIO may choose to stagger
						periods by date of application, by size of regulated facility, by geographic
						location, or by some other classification or grouping determined by the
						PIO.
(e) When registration periods
						are staggered, the first registration period shall be January 1st through June
						30th and the second period shall be July 1st through December 31st, or some
						other scheme may be used as determined by the PIO to effectively administer
						permits within their jurisdiction.
(f) Operators of tanning facilities shall
						obtain a permit before beginning operation.
(g) Each permit shall include but not be
						limited to the following: one facility name, one facility location, name of
						owner/operator, registration period and name of PIO.
(h) A permit is not transferable from one
						person to another or from one establishment location to another.
(i) The permit shall be conspicuously posted
						within the tanning facility.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › General Provisions › Section 72-1.5 - Inspection and inspection fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
						person operating a tanning facility shall allow the Department and PIO
						representatives access to conduct inspections and access to all equipment and
						records as may be necessary to determine compliance with these rules at any
						time the facility is in operation.
(b) An inspection fee not to exceed $ 200 per
						ultraviolet radiation device will be charged once per biennial licensing
						period.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › General Provisions › Section 72-1.6 - Variances and waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Variance. In order to allow time to comply with certain provisions of this
						Subpart, an operator may submit a written request to the PIO for a variance
						from a specific provision(s) when the health and safety of the public will not
						be prejudiced by the variance, and where there are substantial practical
						difficulties or substantial fiscal hardships in immediate compliance with the
						provision(s). An operator must meet all terms of an approved variance including
						the effective date, the time period for which the variance is granted, the
						requirements being varied and any special conditions the PIO
						specifies.
(b) Waivers. In order to
						obtain a waiver allowing alternative arrangements that do not meet the
						provisions of this Subpart but do protect the health and safety of the public,
						an operator may submit a written request to the PIO for a waiver from a
						specific provision(s) of this Subpart. Such requests must demonstrate that the
						alternate arrangements provide adequate protection of the health and safety of
						the public. The PIO shall obtain and be guided by the recommendation of the
						department prior to granting or denying a waiver. An operator must meet all
						terms of an approved waiver. A waiver will remain in effect indefinitely unless
						revoked by the PIO or the facility changes operators.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › General Provisions › Section 72-1.7 - Injury and illness reporting and recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A full report
						of specific injuries or illnesses occurring as a result of using an ultraviolet
						radiation device shall be made by the operator to the PIO within 24 hours of
						notification of its occurrence. Reportable injuries and illnesses shall
						include:
(1) all eye injuries requiring
						medical attention;
(2) all burns
						requiring medical attention;
(3)
						any other injury or illness incident resulting from the use of an ultraviolet
						radiation device for which medical care has been obtained.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › Facility Operations › Section 72-1.8 - Patron identification and acknowledgment requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Age
						verification.
(1) The operator shall require
						each patron to provide a driver's license or other photo identification issued
						by a government entity or educational institution indicating that the patron is
						at least 18 years of age.
(2) No
						person under eighteen (18) years of age shall be permitted to use an
						ultraviolet radiation device
.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › Facility Operations › Section 72-1.9 - Physical facilities and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
Each tanning facility shall be constructed, operated
						  and maintained in good repair and shall meet the following minimum
						  requirements:
(a) Required warning
						sign.
(1) The warning sign shall be readily
						legible, clearly visible, and not obstructed by any barrier, equipment, or
						other item present so that the patron can easily view the warning sign before
						energizing the ultraviolet radiation device. This sign is in addition to
						manufacturer's signs affixed to the device.
(2) Each warning sign shall be at least 11
						inches by 17 inches, and use upper and lower case letters which are at least 10
						mm (0.39 inches) and 5 mm (0.20 inches) in height, respectively. Lettering
						shall be bolded as in the text below. Signs shall have the following wording:
WARNING ULTRAVIOLET RADIATION
FOLLOW INSTRUCTIONS.
AVOID OVEREXPOSURE.
The manufacturer's maximum exposure time for this
						  device is (specify) minutes.
As with natural sunlight, overexposure can cause eye
						  and skin injury and allergic reactions. Repeated exposure may cause premature
						  aging of the skin and skin cancer. WEAR PROTECTIVE EYEWEAR. FAILURE TO USE
						  PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYE.
						  MEDICATIONS OR COSMETICS MAY INCREASE YOUR SENSITIVITY TO ULTRAVIOLET
						  RADIATION. Consult a physician before using tanning equipment if you are using
						  medications or have a history of skin problems or believe yourself to be
						  especially sensitive to sunlight. IF YOU DO NOT TAN IN THE SUN, YOU ARE
						  UNLIKELY TO TAN FROM THE USE OFTHIS PRODUCT.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › Facility Operations › Section 72-1.10 - Protective eyewear

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						operator shall ensure that each patron using an ultraviolet radiation device
						possesses adequate protective eyewear ; such protective eyewear shall be in
						accordance with all applicable federal regulations.
(b) Adequate protective eyewear shall be
						provided at no additional charge to patrons not possessing their own protective
						eyewear.
(c) The operator shall
						have available for patron use an adequate number of sets of protective
						eyewear.
(d) The protective eyewear
						provided by the operator other than single-use disposable eyewear shall be
						cleaned and then disinfected after each use according to provisions detailed in
						section 72-1.9(d)(5)  of
						this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › Facility Operations › Section 72-1.11 - Additional operator responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator shall maintain a record of
						each patron's tanning visits, recording the date, duration of tanning exposure,
						and ultraviolet radiation device used. Each record shall be maintained for a
						minimum of two (2) years and shall be available for review by the Permit
						Issuing Official or representative.
(b) The operator shall report certain
						injuries and illnesses to the PIO, and keep a record of reportable injuries and
						illnesses on a form prescribed by the Department, as detailed in section
						72-1.7  of this Subpart. Each
						record shall be maintained for a minimum of two (2) years and shall be
						available for review by the Permit Issuing Official or
						representative.
(c) The operator
						shall maintain an equipment maintenance log as detailed in section
						72-1.9(c)(11)  of
						this Subpart. Each record shall be maintained for a minimum of two (2) years
						and shall be available for review by the Permit Issuing Official or
						representative.
(d) The operator
						shall maintain records showing the results of annual timer tests as detailed in
						section 72-1.9(c)(2)(ii) 
						of this Subpart. Each record shall be maintained for a minimum of two (2) years
						and shall be available for review by the Permit Issuing Official or
						representative.
(e) The operator
						shall maintain each Tanning Facilities Statement of Acknowledgement form,
						detailed in section
						72-1.8(c)  of this
						Subpart, and shall be available for review by the Permit Issuing Official or
						representative.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 73 - Asbestos Safety Program Requirements › Section 73.2 - Administrative requirements and practices for asbestos safety training providers

Current through Register Vol. 46, No. 28, July 10, 2024
The following administrative requirements and their
					 application in the training program must be met and maintained by all asbestos
					 safety training providers. Plans and procedures for meeting these requirements
					 must be part of any application submitted by a training provider for
					 accreditation of an asbestos safety training program.
(a) Training director. Each asbestos safety
				  training provider must have designated at all times a training director who is
				  approved by the department. The name and credentials of the training director
				  shall be submitted for department review with each application for
				  accreditation of an asbestos safety training program and whenever a new
				  training director is designated. The training director shall have experience in
				  designing, implementing and evaluating either employee educational programs in
				  asbestos safety or vocational educational programs related to asbestos. The
				  training director shall be directly involved in the program.
(1) Duties. The training director will be
				  responsible for ensuring that the training program complies at all times with
				  all of the requirements of this Part and the procedures for meeting said
				  requirements submitted as part of the application for accreditation and shall
				  be directly involved in the asbestos safety training program. Such duties shall
				  include, but not be limited to:
(i)
				  development and/or revision of asbestos safety training program;
(ii) review of instructor qualifications and
				  determination of foreign language fluency of proposed instructors for training
				  programs conducted in languages other than English;
(iii) development and/or revision of final
				  examination;
(iv) monitoring the
				  performance of instructors;
(v)
				  monitoring the quantity and quality of all asbestos safety training
				  provided;
(vi) maintenance of
				  training records; and
(vii) all
				  other functions of training directors as described in this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 73 - Asbestos Safety Program Requirements › Section 73.4 - Minimum instructor qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Instructors must possess knowledge of the
				  topics that will be taught, which may have been acquired through such means as
				  relevant training or education or relevant field experience in the asbestos
				  abatement industry, and the ability to effectively communicate the topics that
				  will be taught.
(b) An instructor
				  shall have sufficient experience or knowledge in the design and implementation
				  of public health protection programs associated with asbestos to effectively
				  communicate the principles and legal requirements of public health protection
				  to program attendees.
(c) For all
				  approved programs a health professional shall teach the specific topics of the
				  health effects of asbestos and medical monitoring.
(d) The instructor teaching sections of
				  programs involving the hands-on practice sessions shall have one year of actual
				  work experience in the area being taught.
(e) Instructors whose involvement in the
				  program is limited to the specific topics of legal liability, health effects,
				  or medical monitoring are not required to meet the requirements of subdivisions
				  (b) and (d) of this section but must meet all other applicable
				  requirements.
(f) The department
				  may deny instructor approval if an instructor has been found in violation of
				  relevant State or Federal asbestos regulations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 73 - Asbestos Safety Program Requirements › Section 73.5 - Topics and requirements for initial asbestos safety training programs

Current through Register Vol. 46, No. 28, July 10, 2024
An accredited initial asbestos safety training program
					 shall include at least the core topics listed in subdivision (a) of this
					 section. Actual asbestos material shall not be used for hands-on
					 exercises.
(a) Core topics for all
				  initial asbestos safety training programs except management planner are:
(1) history of asbestos use;
(2) identification of asbestos:
(i) types and physical characteristics of
				  asbestos including fiber size, aerodynamic characteristics and appearance;
				  and
(ii) common uses and
				  applications for asbestos-containing products;
(3) current Federal, State and local laws,
				  regulations and guidelines concerning asbestos, including but not limited to
				  the areas of air monitoring, recordkeeping, employee notification of exposures
				  and mandatory worksite safety procedures;
(4) health effects of asbestos:
(i) factors affecting disease development
				  including: properties of asbestos, how asbestos enters the respiratory and
				  digestive systems and the abdominal and chest cavity, concentration and
				  duration of exposure, and body defenses;
(ii) clinical signs of asbestos exposure
				  based on visible changes in X-rays, including plaques and asbestos
				  bodies;
(iii) asbestos-related
				  diseases: asbestosis, lung cancer, mesothelioma and digestive system cancers
				  (including the definitions and the concepts of risk, latency, symptoms, and
				  diagnosis);
(iv) health risks to
				  family members of asbestos workers;
(v) synergism between cigarette smoking and
				  asbestos exposure; and
(vi) lack of
				  safe exposure level;
(5)
				  protective clothing (hands-on practice required), including disposable and
				  nondisposable clothing, its purpose, other requirements and options, who must
				  wear it, donning, removal, storage, handling and disposal of clothing, types of
				  clothing such as suits, booties, hoods, gloves, eye protection, and footwear;
				  and
(6) summary of abatement
				  control options.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 73 - Asbestos Safety Program Requirements › Section 73.6 - Topics and requirements for annual refresher asbestos safety training programs

Current through Register Vol. 46, No. 28, July 10, 2024
The refresher safety training programs shall be specific to
					 each discipline. Refresher programs shall be conducted as separate and distinct
					 programs and not combined with any other training during the period of the
					 refresher program. Upon successful completion of the annual refresher program
					 the student shall have his/her accreditation extended for an additional year
					 from the date of completion of the refresher program.
(a) All sections of this Part relative to
				  requirements for training providers, instructor credentials and application
				  procedures are also applicable to annual refresher training programs.
(b) The annual refresher training program for
				  inspectors shall include the following topics:
(1) review and update of State, Federal and
				  local regulations;
(2) review of
				  key aspects of the inspector function;
(3) case studies to highlight important
				  considerations; and
(4)
				  developments in state-of-the-art work practices and safety
				  procedures.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 73 - Asbestos Safety Program Requirements › Section 73.8 - Accreditation of asbestos safety training providers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Provisional accreditation. The department
				  shall grant provisional accreditation of a provider's asbestos safety training
				  program only after a full review of the application. If a program is not
				  granted provisional accreditation, the reasons for disapproval will be sent in
				  writing to the program provider. Training providers will be notified in writing
				  if a particular program has been granted provisional accreditation. The letter
				  will identify the specific program accredited and the effective approval date
				  of the provisional accreditation. Provisional accreditation will continue until
				  full accreditation is granted as described in subdivision (b) of this section,
				  or until provisional accreditation is terminated in accordance with section
				  73.9(a) 
				  of this Part.
(b) Full
				  accreditation shall be granted after the Department of Health has observed and
				  evaluated a provisionally accredited asbestos safety program in progress and
				  has determined that the program meets the requirements of these regulations. A
				  training provider will be notified in writing of a program's full accreditation
				  status. If the program is not granted full accreditation, the reasons for
				  disapproval will be sent in writing to the training provider.
(c) Upon receipt of accreditation, whether
				  provisional or full, the training provider shall maintain documentation of each
				  program offered as required by this Part.
(d) All records pertaining to the asbestos
				  safety program shall be available to the Department of Health or the Department
				  of Labor upon request.
(e) Programs
				  with full accreditation shall be monitored periodically by the department to
				  ensure continuing compliance with this Part.
(f) Provisional and/or full accreditation is
				  not transferable upon sale or transfer of a training program; however, if an
				  asbestos safety training provider transfers all of the asbestos safety training
				  programs which the training provider is authorized to conduct pursuant to this
				  Part, the provisional and/or full accreditation of such programs may be
				  transferred, upon the prior approval of the department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 73 - Asbestos Safety Program Requirements › Section 73.9 - Revocation, suspension and modification of accredited training programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Provisional
				  accreditation. The department may immediately terminate provisional
				  accreditation if the department finds any of the following:
(1) submission of false
				  information;
(2) providing program
				  completion certificates to individuals who did not complete any or all of the
				  required training;
(3) failure to
				  present the required topics set forth in these regulations in a manner such
				  that students would be able to comprehend the required subject
				  matter;
(4) failure to submit
				  required information or notifications in a timely manner;
(5) failure to allow a representative of the
				  Department of Health or the Department of Labor to audit any phase of the
				  program, whenever requested;
(6)
				  failure to allow the Department of Health or Department of Labor to access
				  program records;
(7) failure to
				  properly and fairly administer the required examination;
(8) failure to maintain requisite
				  records;
(9) falsification of
				  accreditation records, instructor qualifications, or other accreditation
				  information;
(10) failure to adhere
				  to the training standards and requirements of this Part;
(11) misrepresentation of the extent of a
				  training provider's approval by the State;
(12) failure to submit written notification
				  to the Department of Health of any changes to the program; and
(13) any other good cause.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 73 - Asbestos Safety Program Requirements › Section 73.10 - Equivalence of prior training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  person who has successfully completed one or more of the following may submit
				  training and/or academic information to the Department of Health for a
				  determination of training equivalency:
(1) an
				  Environmental Protection Agency approved asbestos safety training program given
				  in New York State prior to September 3, 1987 for asbestos handler, March 10,
				  1989 for inspector, and December 19, 1990 for other AHERA disciplines, provided
				  the individual has maintained the certification through annual refresher
				  training; or
(2) an approved
				  asbestos safety training program accredited in a state which has an
				  accreditation program that prior to April 4, 1994, met or exceeding the
				  requirements of the Asbestos Hazard Emergency Response Act or, on or after
				  April 4, 1994, met or exceeded the requirements of the Asbestos School Hazard
				  Abatement Reauthorization Act model accreditation plan and which has the
				  administrative capability to audit the training program, provided the
				  individual has maintained all appropriate refresher training; or
(3) academic course work in environmental
				  science, industrial hygiene, analytical chemistry or a closely related field.
				  This shall not include any course work completed as part of an asbestos safety
				  training program; or
(4) a
				  combination of paragraphs (1), (2) and/or (3) of this section and/or a
				  Department of Health approved asbestos safety training program and/or part of
				  one or more Department of Health approved asbestos safety training programs. An
				  individual may apply for a determination that the course and/or training
				  program was substantially equivalent to an approved asbestos safety training
				  program pursuant to this Part. Applications may be made to the department and
				  at least the following information shall be submitted:
(i) date and location of the course or
				  program attended;
(ii) name and
				  address of the course or program provider;
(iii) a schedule or outline of the course or
				  program indicating the subject matter that was presented and the amount of time
				  devoted to each subject; and
(iv) a
				  written indication by the course provider or program provider that the
				  individual had satisfactorily completed all requirements of the course or
				  program.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 73 - Asbestos Safety Program Requirements › Section 73.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any clause, sentence, paragraph or section of this Part
					 shall be adjudged by any court of competent jurisdiction to be invalid, the
					 judgment shall not affect, impair or invalidate the remainder thereof, but
					 shall be confined in its operation to the clause, sentence, paragraph or
					 section thereof directly involved in the controversy in which the judgment
					 shall have been rendered.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 74 - Approval Of Realty Subdivisions › Section 74.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless the context otherwise
					 requires:
(a) Subdivision shall have
				  the meaning ascribed to it in section 1115  of the Public Health Law.
(b) Developer means a person, partnership,
				  corporation or other legal entity undertaking or participating in the
				  establishment of a subdivision.
(c)
				  Individual water supply system means a single system of piping, tanks or other
				  facilities together with a source of water intended to supply only a single
				  lot.
(d) Individual sewerage system
				  means a single system of piping, tanks or other facilities serving only a
				  single lot and disposing of sewage or other liquid wastes into the soil of the
				  lot.
(e) Community water system
				  means a source of water and necessary appurtenances together with a
				  distribution system serving more than one lot, whether owned by a municipal
				  corporation or private utility.
(f)
				  Community sewerage system means a system utilized for the collection and
				  disposal of sewage, or other wastes of a liquid nature, including the various
				  devices for the treatment of such wastes serving more than one lot, whether
				  owned by a municipal corporation or private utility.
(g) Comprehensive study shall have the
				  meaning ascribed to it in sections 1263-a and 1361 of the Public Health Law,
				  for public sewerage and refuse respectively, or in section 442 of the
				  Conservation Law, for public water, as applicable.
(h) Department means the New York State
				  Department of Health.
(i)
				  Commissioner means the New York State Commissioner of Health.
(j) Dry sewer means a pipe intended to carry
				  domestic waste at such future time as sewerage and treatment facilities are
				  constructed.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 74 - Approval Of Realty Subdivisions › Section 74.2 - Applications for approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Applications for approval of water supply and related sewerage facilities to
				  serve a realty subdivision as conforming with the standards prescribed in this
				  Part shall be made on forms provided by the department.
(b) Applications for approval shall be
				  accompanied by such maps, plans, reports, specifications and data as the
				  commissioner may require or direct.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 74 - Approval Of Realty Subdivisions › Section 74.3 - Plan submissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  plans submitted for approval shall be in conformance with the relevant
				  provisions of department Bulletin 40[FN*] entitled Planning the Subdivision as
				  Part of the Total Environment--An Engineering Guide to the Preparation and
				  Submission of Plans for Realty Subdivisions.
(b) Plans other than those for community
				  water and sewerage systems shall not propose to furnish water to more than one
				  lot and/or to dispose of sewage from more than one lot.
(c) Where a developer proposes to obtain and
				  furnish water supply and/or sewerage facilities for a subdivision by connection
				  to an existing community water and/or sewerage system, the developer shall
				  supply the commissioner with a certification in writing by the owner of the
				  utility that such facilities will be furnished and kept available and in good
				  operating condition for the subdivision.
(d) The commissioner at his discretion may
				  require the developer to furnish a performance bond to the owner of such
				  utility conditioned upon the developer's making connection to the utility
				  within a specified period of time.
(e) The proposals for realty subdivision
				  development shall conform with all applicable comprehensive studies, including
				  air, water, sewerage and solid wastes.
[FN*] Bulletin 40 has not been filed in the office of the
					 Department of State; however, for informational purposes it has been published
					 as Appendix 74-A, infra.