reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements of this Subpart shall apply to all
					 activities and uses at an agricultural fairground and any action by the holder
					 of a permit to operate an agricultural fairground that impacts the agricultural
					 fairground; provided, however, that the requirements of this Subpart shall not
					 apply to an agricultural fairground for which the commissioner has determined
					 that compliance with these requirements is not necessary to protect public
					 health. In making such determination, the commissioner shall consider at least
					 the following factors: the nature of the activities at the fairground, the
					 duration of the activities at the fairground, the use of the water system at
					 the fairground, the presence of animals at the fairground, fairground animal
					 waste handling practices, and the extent to which the fairground is subject to
					 the regulations of other governmental agencies.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.3 - Permit for operation, inspections, access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operation of an agricultural
				  fairground without a permit is prohibited unless the commissioner has
				  determined, pursuant to section
				  7-5.2  of
				  this Subpart, that compliance with the requirements of this Subpart is not
				  necessary to protect public health.
(b) Application for permit. An application
				  for a permit to operate an agricultural fairground shall be submitted by a
				  person who owns an agricultural fairground to the permit-issuing official at
				  least 30 days before initial operation or the expiration of an existing
				  permit.
(c) An application for a
				  permit to operate an agricultural fairground may be denied when the applicant
				  has previously failed to comply with one or more requirements of this Subpart,
				  the agricultural fairground is a potential source of danger to the general
				  public or persons at the agricultural fairground, or the agricultural
				  fairground does not comply with one or more requirements of this
				  Subpart.
(d) A permit to operate an
				  agricultural fairground shall be issued for a period of not more than one year
				  from the date of issue. A conditional permit may be issued in recognition of
				  partial use of the fairground facility. A permit shall not be transferable or
				  assignable and shall expire upon a change of the owner of the agricultural
				  fairground, upon the date stipulated by the permit-issuing official or upon its
				  revocation.
(e) Revocation,
				  suspension. A permit to operate an agricultural fairground may be revoked or
				  suspended by the permit-issuing official or the State Commissioner of Health if
				  the agricultural fairground for which the permit was issued is found to have
				  been maintained, operated or occupied in violation of the Public Health Law,
				  the State Sanitary Code, or the sanitary code of the health department having
				  jurisdiction over the agricultural fairground. A permit may be revoked upon
				  request of the permittee or upon abandonment of operation.
(f) Any permit-issuing official, and his or
				  her designees, shall be allowed entry at any reasonable time to inspect any
				  property operated or believed to be operated as an agricultural
				  fairground.
(g) A separate permit
				  for a food service establishment, temporary residence or campground operating
				  within the agricultural fairground shall not be required unless such food
				  service establishment, temporary residence or campground is operated by a
				  person other than the owner of the agricultural fairground.
(h) A permit to operate an agricultural
				  fairground shall be posted in a conspicuous place on the premises.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.4 - Owner responsibilities and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each owner of an agricultural fairground
				  must submit a report assessing all water sources at their respective
				  fairgrounds. This report shall be prepared by a New York State licensed
				  professional engineer, and must be submitted to the permit-issuing official at
				  least 60 days before any event. This report is not required if the owner of the
				  agricultural fairground can demonstrate that other documentation has been
				  submitted to the permit-issuing official that adequately addresses the required
				  components of the report, as specified in this section. This report shall
				  address all drinking water sources for agricultural fairgrounds served by a
				  nonpublic fairground water system and address all on-site water sources for
				  those served by an off-site public water system. It shall include a sanitary
				  survey and historical data and information on source development and quality;
				  distribution system operations, including an assessment of actual and possible
				  cross-connections; wastewater disposal; and solid and animal waste storage,
				  handling and disposal practices, and certifying that any nonpotable water
				  supply is adequately separated from the potable water supply and conspicuously
				  labeled as a nonpotable water supply. Such report shall identify the location
				  of all on-site structures and buildings, sources of on-site water (potable or
				  nonpotable), water distribution systems, wastewater treatment facilities, and
				  solid and animal waste storage and handling facilities, and shall adequately
				  characterize the hydrogeology of the fairground. Such report shall also
				  evaluate the fairground infrastructure's compliance with this Subpart and
				  identify each aspect on noncompliance and preferred options for
				  compliance.
(b) The owner of an
				  agricultural fairground shall designate an individual to be in charge of the
				  fairground property and to maintain the fairground facilities. Such individual
				  shall be on or available to promptly be on the fairground property at all times
				  when the agricultural fairground is occupied or open for occupancy. The
				  telephone number or other method for summoning this individual shall be posted
				  conspicuously in an area readily accessible by the agricultural fairground
				  occupants.
(1) The agricultural fairground
				  owner or the owner's designee shall successfully complete an adequate course of
				  instruction with a curriculum including, but not limited to, the operation
				  and/or oversight of agricultural fairground water supplies, sewage disposal,
				  animal waste handling, and food service establishments.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.5 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permits and
				  placarding.
(1) A permit-issuing official may
				  order any agricultural fairground operating without a permit to close and
				  remain closed until a valid permit for operation of the agricultural fairground
				  is obtained.
(2) The enforcement
				  procedures delineated in sections 12, 12-a, 12-b, 16, 206, 225, 229, 308, 309,
				  1303-1305, and/or 1308 of the Public Health Law shall be used. When a public
				  health hazard is found, that portion of the agricultural fairground where the
				  hazard is located may be placarded to prohibit its use until the hazard is
				  eliminated. When a placard is used, it shall be conspicuously posted at each
				  entrance or walkway leading to the portion of the property where the hazard
				  exists. Concealment, mutilation, alteration or removal of this placard without
				  permission of the permit-issuing official is prohibited. The placard shall
				  state the authority for its placement and indicate that concealment,
				  mutilation, alteration or removal of it by any person without the permission of
				  the permit-issuing official shall constitute a violation of this Subpart and
				  the Public Health Law.
(3) As soon
				  as possible, and in any event within 15 days after placarding an agricultural
				  fairground or portion thereof, the permit-issuing official shall provide the
				  owner an opportunity to be heard and present evidence that the continued
				  operation of the agricultural fairground or placarded portion thereof does not
				  constitute a danger to the health or safety of the public. The hearing shall be
				  conducted by the permit-issuing official or his or her designated hearing
				  officer.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.6 - Variances and waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  variance shall mean permission for an agricultural fairground owner to delay
				  implementation of one or more provisions of this Subpart. In order to obtain
				  sufficient time to comply with a provision of this Subpart, an agricultural
				  fairground owner may submit a written request to the permit-issuing official
				  for a variance. A request for a variance will be granted only if the owner
				  demonstrates that the health and safety of the public will not be prejudiced by
				  the variance, and that immediate compliance with the provision in question
				  would create practical difficulty or hardship. An owner must comply with all of
				  the terms of a variance, and comply with the requirements of this Subpart by
				  the date specified in the variance.
(b) A waiver shall permit the use of
				  alternative arrangements that do not satisfy one or more requirements of this
				  Subpart, but nonetheless protect the health and safety of the agricultural
				  fairground occupants and the public. To obtain a waiver from one or more
				  requirements of this Subpart, an agricultural fairground owner must submit a
				  written request to the permit-issuing official for a waiver from each such
				  requirement; provided, however, that no waiver from the requirement that the
				  agricultural fairground's on-site water supply be disinfected may be granted.
				  Such request must explain how the alternate arrangements will provide adequate
				  protection of the health and safety of the fairground occupants and public. The
				  permit-issuing official shall obtain the approval of the State Department of
				  Health prior to granting or denying a request for a waiver. An owner must
				  comply with all of the terms of a waiver. A waiver will remain in effect
				  indefinitely unless revoked by the permit-issuing official after a
				  determination that continuation of the waiver would jeopardize public health or
				  a person other than the recipient of the waiver commences ownership of the
				  fairground.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.7 - Notice of construction, enlargement, development, improvement or conversion required; prior approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Prior to construction of structures for overnight occupancy, a campground or
				  campsites food service, water and sewage facilities, including alterations,
				  enlargements, conversions, or relocation of such structures, campsites or
				  facilities, the owner shall submit written notice of intent to the
				  permit-issuing official at least 30 days prior to the commencement of work. The
				  notice shall contain the name of the city, village, or town in which the
				  property is located, the street address of the development, improvement, or
				  conversion, and the name, mailing address, and telephone number of the person
				  giving the notice.
(b) Upon review
				  of the notice submitted in accordance with subdivision (a) of this section and
				  to determine whether the proposed construction, enlargement, development,
				  improvement or conversion will be consistent with the requirements of this
				  Subpart, the permit-issuing official may require the submission of plans and
				  specifications for review and approval. No such work shall commence until all
				  required plans and specifications have been approved by the permit-issuing
				  official.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.8 - Campgrounds and campsites

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Campsite space requirements. A campsite shall meet the space requirements
				  specified in either paragraph (1), (2), or (3) of this subdivision as
				  applicable. An agricultural fairground owner may select one or more of these
				  options when establishing campsite sizes within the agricultural fairground.
(1) The minimum area per site for campsites
				  that existed prior to March 7, 2001 shall be either: 1,500 square feet; or, in
				  compliance with paragraph (2) or (3) of this subdivision.
(2) New campsites constructed and existing
				  campsites modified after March 7, 2001 shall be a minimum of 1,250 square feet.
				  The campsites shall be large enough to allow at least a five-foot clearance
				  between the boundaries of the campsite and the exterior surfaces of the camping
				  unit placed on it as well as any add-on structures or appurtenances attached to
				  it, so as to provide for a 10-foot separation distance between camping units on
				  adjacent campsites.
(3) The minimum
				  area per site may be less than the requirements specified in paragraphs (1) and
				  (2) of this subdivision when:
(i) a separation
				  distance of 10 feet or greater is maintained between camping units including
				  any add-on structures or appurtenances attached to the camping unit;
				  or
(ii) a separation distance of at
				  least five feet is maintained between camping units including any add-on
				  sturctures or appurtenances attached to the camping units; and
(a) Charcoal grills, gas grills or other open
				  flame cooking devices cannot be used within 10 feet of any camping
				  unit.
(b) Bonfires or recreational
				  fires are prohibited on campsites. Such fires cannot be conducted within 25
				  feet of any camping unit.
(c)
				  Adequate fire extinguishers or other extinguishing equipment shall be readily
				  available to all camping areas. Fire extinguishers, where used, shall be
				  installed and maintained in accordance with the recommendations of the
				  equipment manufacturer and generally accepted standards.
(d) Fire apparatus access roads shall be
				  provided within 300 feet of each camping unit and shall have an unobstructed
				  width of no less than 20 feet and an unobstructed vertical clearance of not
				  less than 13 feet 6 inches.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.9 - Overnight transient occupancy

Current through Register Vol. 46, No. 28, July 10, 2024
Structures at an agricultural fairground not meeting the
					 definition of a camping unit which are available for overnight transient
					 occupancy shall meet the requirements of Subpart 7-1 of this
					 Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.10 - Surface drainage

Current through Register Vol. 46, No. 28, July 10, 2024
An agricultural fairground owner shall ensure that an
					 agricultural fairground is maintained so that adequate surface drainage is
					 provided during its operation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.11 - Food service

Current through Register Vol. 46, No. 28, July 10, 2024
All food service operations shall comply with the
					 requirements of Part 14 of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.12 - Water supply

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  agricultural fairground served by an off-site public water system (as defined
				  in Subpart 5-1 of this Title) must comply with the requirements of subdivisions
				  (d)(1), (3)-(5), (d)(6)(i), (iii), and (iv), (d)(7), (e)-(g) (excluding source
				  water and nitrate/nitrite monitoring), (h), (i), (j)(2), (k)-(m) of this
				  section.
(b) An agricultural
				  fairground served by a nonpublic agricultural fairground water system must
				  comply with those requirements of Subpart 5-1 of this Title that apply to
				  noncommunity water systems and subdivisions (c), (d)(1)-(4), (d)(6)-(7),
				  (e)-(m) of this section. The agricultural fairground owner shall ensure that
				  the agricultural fairground's water supply complies with all applicable
				  requirements.
(c)
Source
				  water.
(1) The only permissible water
				  sources shall be those taken from a ground water aquifer (ground water source)
				  and developed in accordance with paragraph (d)(3) of this section; provided,
				  however, an admixture of ground water and surface water or water exposed to the
				  ground surface is not permitted. Shallow well points and dug wells are
				  prohibited.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.13 - Sewage treatment/collection

Current through Register Vol. 46, No. 28, July 10, 2024
An agricultural fairground owner shall provide and maintain
					 facilities for the adequate disposal or adequate treatment and disposal of
					 sewage at an agricultural fairground, and ensure that such facilities meet the
					 following requirements:
(a) Submission
				  of plans. A plan for a proposed new or modified sewage collection and/or
				  treatment facility shall be submitted to the permit-issuing official at least
				  30 days prior to beginning construction of such facility.
(b) Plan approval and construction. A permit
				  or written approval for the sewage collection and/or treatment system plan(s)
				  shall be obtained from the permit-issuing official and/or the New York State
				  Department of Environmental Conservation. No construction of a new or modified
				  sewage treatment facility shall be commenced until all required permits and/or
				  written approvals have been received by the applicant. Construction shall be in
				  accordance with the approved plans.
(c) The presence of inadequately treated
				  sewage on the surface of the ground is prohibited.
(d) Privies and portable chemical toilets
				  shall be so located, constructed and maintained that they will not contaminate
				  a water supply, surface water, adjacent ground surface, or permit access of
				  flies or rodents. The contents shall be emptied and/or adequately treated as
				  necessary to prevent discharge to the surface of the ground or to any area
				  readily accessible to patrons.
(e)
				  At least one sanitary dumping station for each 100 campsites or less, or an
				  acceptable operator-run scavenger service for routine collection of sewage from
				  recreational vehicles must be provided. Information regarding the scavenger
				  equipment and collection schedule shall be submitted to the permit-issuing
				  official for review and approval. Sites with individual sewer connections shall
				  not be counted when determining the required number of sanitary dumping
				  stations. Sanitary dump stations shall not be required at campgrounds for tent
				  use only.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.14 - Toilets and lavatories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  agricultural fairground owner shall ensure that toilets and lavatories comply
				  with the following requirements:
(1) adequate
				  toilet and handwash facilities shall be provided;
(2) adequate handwash facilities shall be
				  located at any petting zoo and within 100 feet of all areas where the general
				  public is allowed to come in contact with animals. These facilities shall be
				  constructed of easily cleanable materials, and maintained in a sanitary
				  condition and in good repair and adequate signs shall be conspicuously posted
				  indicating the location of handwash facilities; and
(3) at campgrounds, a minimum of four
				  toilets, two per sex, shall be provided within 500 feet of each campsite;
(i) for every two toilers, one handwash
				  facility shall be provided. Handwash facilities shall be located in close
				  proximity to the toilets.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-5 - Agricultural Fairgrounds › Section 7-5.15 - Refuse and animal waste, storage and disposal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agricultural fairground owner shall
				  ensure that facilities are provided and maintained for the temporary storage
				  and handling of refuse and animal waste to prevent insect and rodent
				  infestations and contamination of potable water, streams, lakes or other water
				  courses.
(b) The agricultural
				  fairground owner shall develop and update annually a written plan describing
				  the procedures for temporary storage and handling of refuse and animal waste.
				  The plan must be submitted to the permit-issuing official for approval. The
				  permit-issuing official shall approve the plan after a determination that the
				  plan is consistent with the requirements and objectives of this
				  Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 8 - Nuisances Which May Affect Life And Health › Section 8.1 - All complaints to be investigated

Current through Register Vol. 46, No. 28, July 10, 2024
The local health officer, upon receiving a complaint of the
				  existence within his jurisdiction of a nuisance which may affect health, or
				  when the probable existence of any such nuisance comes to his attention, shall
				  make or cause to be made by his duly authorized representative an immediate and
				  thorough investigation, and if, in his opinion, such a nuisance exists, he
				  shall take steps to secure its voluntary abatement.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 8 - Nuisances Which May Affect Life And Health › Section 8.2 - Health officer to file report with local board

Current through Register Vol. 46, No. 28, July 10, 2024
The health officer, except in municipalities in which a
				  different procedure is prescribed by general or special law, shall also within
				  five days of the receipt of a complaint or of the discovery of the probable
				  existence of a nuisance which may affect health, unless the nuisance has in the
				  meantime been abated and the complainant satisfied, file with the local board
				  of health:
(a) the complaint, if made
				in writing, or, if not in writing a summary thereof; or, if no complaint has
				been made, a statement of the facts, and
(b) a report showing:
(1) his findings of the facts;
(2) his opinion as to whether or not the
				condition constitutes a nuisance likely to affect health and whether or not
				such condition constitutes a violation of any local regulation in the
				municipality;
(3) the steps, if
				any, already taken to abate the nuisance;
(4) whether in his opinion the nuisance has
				been abated.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 8 - Nuisances Which May Affect Life And Health › Section 8.3 - Action to be taken by local board

Current through Register Vol. 46, No. 28, July 10, 2024
Within five days of the filing with the local board of health
				  of the report provided for in section
				  8.2,
				  supra, such local board shall:
(a)
				convene, and examine into the complaint and if it appears that a nuisance
				dangerous to health exists;
(b)
				furnish the owner, agent or occupant of the premises on which the condition
				alleged to constitute a nuisance exists, with a written statement of the
				condition found; and have duly served upon such owner, agent or occupant, a
				notice to appear before the board of health at a stated time and place, to show
				cause why such condition should not be declared a nuisance dangerous to health
				and an order for its abatement issued, and the prescribed penalty imposed if
				the condition constitutes a violation of a local health regulation in force in
				the municipality;
(c) if, after
				such hearing, it decides that the condition found to exist constitutes a
				nuisance dangerous to health, issue and enter upon its minutes an order
				directing the abatement of such nuisance, a copy of which order shall be order
				upon the owner, agent or occupant of the premises, or posted conspicuously
				thereon;
(d) impose in addition, if
				the condition constitutes a violation of a local health regulation in force in
				the municipality, the prescribed penalty for such violation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 8 - Nuisances Which May Affect Life And Health › Section 8.4 - Health officer to report to state commissioner of health

Current through Register Vol. 46, No. 28, July 10, 2024
Within 48 hours after the entry of any decision of the board
				  declaring the conditions not to be a nuisance affecting health, or if within
				  five days of the filing of the report of the health officer with the local
				  board of health, said board fails to take action provided by section
				  8.3,
				  supra, the health officer shall forward a copy thereof to the State
				  Commissioner of Health, together with the original or copies of his report and
				  other papers filed by him with the local board, as required in section
				  8.2,
				  supra.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 8 - Nuisances Which May Affect Life And Health › Section 8.5 - State commissioner of health may direct local board of health to take certain definite proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
If, in the opinion of the State Commissioner of Health, the
				  conditions complained of constitute a nuisance likely to affect health and the
				  abatement or removal thereof is necessary for the public good and for the
				  protection of life and health, the said commissioner may, by notice to the
				  presiding officer of the local board of health, direct him, pursuant to section 1300  of the Public Health Law, to convene
				  such local board to take certain definite proceedings concerning which the said
				  commissioner is satisfied that the action recommended by him is necessary for
				  the public good and is within the jurisdiction of such board of
				  health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 8 - Nuisances Which May Affect Life And Health › Section 8.6 - Presiding officer to convene local board and take action directed

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the receipt of such notice from the State Commissioner
				  of Health, the presiding officer of the local board of health shall promptly
				  convene such local board, which shall take the action directed by the said
				  commissioner.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-1 - Synthetic Phenethylamines And Synthetic Cannabinoids Prohibited › Section 9-1.2 - Possession, manufacture, distribution, sale or offer of sale of synthetic phenethylamines and synthetic cannabinoids prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful for any individual or entity to
					 possess, manufacture, distribute, sell or offer to sell any synthetic
					 phenethylamine or synthetic cannabinoid or product containing the same, except
					 as expressly exempted by this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-1 - Synthetic Phenethylamines And Synthetic Cannabinoids Prohibited › Section 9-1.3 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part prohibiting the possession of
					 any synthetic phenethylamine or synthetic cannabinoid, or product containing
					 the same shall not apply to:
(a)
				  public officers or their employees in the lawful performance of their official
				  duties requiring possession of synthetic phenethylamines or synthetic
				  cannabinoids, or products containing the same;
(b) temporary or incidental possession by
				  employees or agents of persons lawfully entitled to possession, or persons
				  whose possession is for the purpose of aiding public officers in performing
				  their official duties;
(c) a person
				  in the employ of the United States government or of any state, territory,
				  district, county, municipal or insular government, obtaining or possessing
				  synthetic phenethylamines or synthetic cannabinoids, or products containing the
				  same, by reason of his or her official duties;
(d) common carriers or warehousemen, while
				  engaged in lawfully transporting or storing synthetic phenethylamines or
				  synthetic cannabinoids, or products containing the same, or to any employee of
				  the same within the scope of his or her employment;
(e) laboratories with a Federal Drug
				  Enforcement Administration (DEA) license to purchase and use schedule I
				  controlled substances for research and/or analytical testing; and
(f) manufacturers that are registered with
				  the DEA to synthesize and distribute controlled substances.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-1 - Synthetic Phenethylamines And Synthetic Cannabinoids Prohibited › Section 9-1.4 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
A violation of any provision of this Part is subject to all
					 civil and criminal penalties as provided for by law. For purposes of civil
					 penalties, each packet, individual container or other separate unit of
					 synthetic phenethylamine or synthetic cannabinoid, or product containing the
					 same, that is possessed, manufactured, distributed, sold, or offered for sale,
					 shall constitute a separate violation under this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-1 - Synthetic Phenethylamines And Synthetic Cannabinoids Prohibited › Section 9-1.5 - Commissioner's order

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner has authority to issue orders to address
					 dangers to the health of the people as set forth in Public Health Law section
					 16. T he commissioner can exercise such authority to address a violation of
					 this Part if, in his or her opinion, such a danger exists. It is hereby
					 recognized that, dependent upon the opinion and discretion of the commissioner
					 as applied to each circumstance, he or she may issue such an order in the event
					 of a continuing or repeat violation of this Part at or by a retail
					 establishment when the entity and/or its owner(s) or employee(s) knew or should
					 have known of the violation. As determined by the commissioner, such an order
					 could require the closure of the retail establishment, among other relief.
					 Although not required, this section serves as notice that such an order could
					 be issued. The circumstances and relief described in this notice are only
					 examples and in no way bind the commissioner or limit his or her authority to
					 issue such an order, or the relief set forth in such an order, under any
					 circumstance whatsoever.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-1 - Synthetic Phenethylamines And Synthetic Cannabinoids Prohibited › Section 9-1.6 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Part or the application thereof
					 to any person or entity or circumstance is adjudged invalid by a court of
					 competent jurisdiction, such judgment shall not affect or impair the validity
					 of the other provisions of this Part or the application thereof to other
					 persons, entities, and circumstances.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-2 - Required Signaged › Section 9-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following terms shall have the
					 following meanings:
(a) The terms
				  "electronic cigarette" and "e-cigarette" mean an electronic device that
				  delivers vapor which is inhaled by an individual user, and shall include any
				  refill, cartridge and any other component of such a device; provided, however,
				  that "electronic cigarette" and "e- cigarette" shall not mean any product
				  approved by the United States food and drug administration as a drug or medical
				  device, or manufactured and dispensed pursuant to title five-A of article
				  thirty-three of the public health law.
(b) The terms "electronic liquid" and
				  "e-liquid" means the solution, substance or material used in an e-cigarette and
				  heated to produce an aerosol or emission to be inhaled by the user, whether the
				  liquid contains nicotine or not.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-2 - Required Signaged › Section 9-2.2 - Required Signage Warning Against the Dangers of Illegal Products

Current through Register Vol. 46, No. 28, July 10, 2024
Any person operating a place of business wherein
					 e-cigarettes or e-liquids are sold or offered for sale shall post in a
					 conspicuous place a sign, to be published by the Department, that warns against
					 the dangers of using illegal e-cigarette and e-liquid
					 products.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-2 - Required Signaged › Section 9-2.3 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
A violation of any provision of this Subpart is subject to
					 all civil and criminal penalties as provided for by law. For purposes of civil
					 penalties, each day that a place of business fails to post signage required by
					 this Subpart shall constitute a separate violation under this
					 Subpart
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-2 - Required Signaged › Section 9-2.4 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Subpart or the application
					 thereof to any person or entity or circumstance is adjudged invalid by a court
					 of competent jurisdiction, such judgment shall not affect or impair the
					 validity of the other provisions of this Subpart or the application thereof to
					 other persons, entities, and circumstances.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-3 - Prohibition on the Sale of Electronic Liquids with Characterizing Flavors" › Section 9-3.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following terms shall have the
					 following meanings:
(a) The terms
				  "electronic cigarette," "e-cigarette", "electronic liquid," and "e-liquid"
				  shall have the same meanings as establi shed in Subpart 9-2.
(b) The term "flavored e-liquid" means any
				  e-liquid with a distinguish- able taste or aroma, other than the taste or aroma
				  of tobacco or menthol, imparted either prior to or during consumption of an
				  e-cigarette or a component part thereof, including but not limited to tastes or
				  aromas relating to any fruit, chocolate, vanilla, honey, candy, coco a,
				  dessert, alcoholic beverage, mint, wintergreen, herb or spice, or any "concept
				  flavor" that imparts a taste or aroma that is distinguishable from tobacco
				  flavor but may not relate to any particular known flavor. An e-liquid shall be
				  presumed to be a flavored e-liquid if a tobacco retailer, ma nufacturer, or a
				  manufacturer's agent or employee has made a statement or claim directed to
				  consumers or the public, whether expressed or implied, that the product or
				  device has a distinguishable taste or aroma other than the taste or aroma of
				  tobacco or menthol.
(c) The term
				  "possession" means having physical possession or otherwise exercising dominion
				  or control over flavored e-liquids or a product containing the same. For
				  purposes of this definition, among other circumstances not limited to these
				  examples, the following individuals and/or entities shall be deemed to possess
				  flavored e-liquids, or a product containing the same:
(1) any individual or entity that has an
				  ownership interest in a retail, distribution or manufacturing establishment
				  that possesses, distributes, sells or offers for sale flavored e-liquids, or a
				  product containing the same; and
(2) any clerk, cashier or other employee or
				  staff of a retail establishment, where the establishment possesses,
				  distributes, sells or offers for sale a flavored e-liquids or a product
				  containing the same, and who interacts with customers or other members of the
				  public.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-3 - Prohibition on the Sale of Electronic Liquids with Characterizing Flavors" › Section 9-3.2 - Possession, Manufacture, Distribution, Sale or Offer of Sale of Flavored E-Liquid Prohibited.

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful for any individual or entity to
					 possess, manufacture, distribute, sell or offer for sale any flavored e-liquid
					 or product containing the same.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-3 - Prohibition on the Sale of Electronic Liquids with Characterizing Flavors" › Section 9-3.3 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
A violation of any provision of this Subpart is subject to
					 all civil and criminal penalties as provided for by law. For purposes of civil
					 penalties, each individual container or other separate unit of flavored
					 e-liquid, product containing the same, or any component part that imparts
					 flavor to an e-cigarette, that is possessed, manufactured, distribute d, sold,
					 or offered for sale, shall constitute a separate violation under this
					 Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-3 - Prohibition on the Sale of Electronic Liquids with Characterizing Flavors" › Section 9-3.4 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Subpart or the application
					 thereof to any person or entity or circumstance is adjudged invalid by a court
					 of competent jurisdiction, such judgment shall not affect or impair the
					 validity of the other provisions of this Subpart or the application thereof to
					 other persons, entities, and circumstances.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-4 - Prohibition of Fireworks › Section 9-4.1 - Fireworks use prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
The use of fireworks or dangerous fireworks, as defined by
					 subdivision (1) of section 270.00  of the Penal Law, during the State
					 disaster emergency declared by Executive Order No. 202, and any extension
					 thereof, is prohibited, except as may otherwise be permitted pursuant to
					 section 405.00  of the Penal
					 Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 9 - Prohibited Substances › Subpart 9-4 - Prohibition of Fireworks › Section 9-4.2 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
A violation of this Subpart is subject to all civil and
					 criminal penalties as provided for by law, including but not limited to Public
					 Health Law section 12-b. For purposes of civil penalties, each use of fireworks
					 shall constitute a separate violation under this Subpart. Individuals who
					 violate this Subpart are subject to a maximum fine of $500 for the first
					 violation of this Subpart; $1,000 for the second violation of this Subpart; and
					 $2,000 for each additional violation of this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 10 - Barber Shops And Beauty Parlors › General Provisions › Section 10.2 - Posting regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The licensed owner of every barber shop and beauty parlor
					 shall post conspicuously in the establishment a copy of this
					 Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 10 - Barber Shops And Beauty Parlors › Equipment › Section 10.10 - Water supply

Current through Register Vol. 46, No. 28, July 10, 2024
An adequate supply of hot and cold water from a municipal
					 or satisfactory private source shall be provided for service for customers,
					 cleanliness of employees, and for washing floors, walls, ceiling and
					 equipment.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 10 - Barber Shops And Beauty Parlors › Equipment › Section 10.11 - Waste disposal

Current through Register Vol. 46, No. 28, July 10, 2024
Waste water from all plumbing fixtures shall be discharged
					 into municipal sewers where available. Otherwise suitable facilities shall be
					 installed for the absorption of the wastes by the soil in underground systems,
					 so that no nuisance is created.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 10 - Barber Shops And Beauty Parlors › Equipment › Section 10.12 - Plumbing fixtures

Current through Register Vol. 46, No. 28, July 10, 2024
Plumbing fixtures shall be of impervious material and of a
					 type which is readily cleanable. They shall be free from cracks and from parts
					 which are not readily accessible for cleaning. They shall be of a type which
					 does not constitute a hazard to a public water supply through back
					 siphonage.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 10 - Barber Shops And Beauty Parlors › Equipment › Section 10.13 - Floors

Current through Register Vol. 46, No. 28, July 10, 2024
Floors shall be of such construction as to be easily
					 cleaned and shall be kept clean and in good repair. If carpeting or similar
					 material is used for floor covering, it shall be of a light color with a single
					 loop pile or not more than one-quarter inch in height. Such floor covering
					 shall be kept clean by vacuuming at least daily and shampooing at least
					 annually and more frequently if the covering is not clean.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 10 - Barber Shops And Beauty Parlors › Equipment › Section 10.14 - Lighting and ventilation

Current through Register Vol. 46, No. 28, July 10, 2024
Lighting fixtures shall be in sufficient number and
					 properly placed so as to provide adequate illumination. The shop shall be
					 properly and adequately ventilated.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 10 - Barber Shops And Beauty Parlors › Equipment › Section 10.15 - Cabinets

Current through Register Vol. 46, No. 28, July 10, 2024
Cabinets shall be provided for storage of clean linen ad
					 towels. They shall have tight fitting doors that shall be kept closed to
					 protect the linen and towels from dust and dirt.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 10 - Barber Shops And Beauty Parlors › Equipment › Section 10.16 - Receptacle for used towels

Current through Register Vol. 46, No. 28, July 10, 2024
A covered receptacle which can be readily emptied and
					 cleansed shall be provided exclusively for soiled towels or
					 linen.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 10 - Barber Shops And Beauty Parlors › Equipment › Section 10.17 - Refuse

Current through Register Vol. 46, No. 28, July 10, 2024
Covered containers for hair droppings, paper and other
					 waste material shall be provided and maintained so that they are not
					 offensive.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 10 - Barber Shops And Beauty Parlors › Maintenance and Operation › Section 10.20 - General cleanliness

Current through Register Vol. 46, No. 28, July 10, 2024
The licensed owner of every barber shop or beauty parlor
					 shall keep it at all times in a clean and sanitary condition.