Title PBH, Public Health

§ 1373. Abatement of lead poisoning conditions. 1. Whenever the\ncommissioner or his or her representative shall designate an area of\nhigh risk, he or she shall give written notice and demand, served as\nprovided by this section, for the discontinuance of a paint condition\ncon…

§ 1374. Receivership. 1. In the event of failure to comply with an\norder issued pursuant to this title and containing provision for such\napplication, the officer issuing the order may apply to a court of\ncompetent jurisdiction in the county wherein the dwelling is located for…

§ 1375. Enforcement agencies. 1. The commissioner's designee having\njurisdiction, county and city commissioners of health and local housing\ncode enforcement agencies designated by the commissioner's designee\nhaving jurisdiction or county or city commissioner of health shall h…

§ 1376-a. Sale of consumer products containing lead or cadmium. 1. In\nthe absence of a federal standard for a specific type of product, the\ncommissioner shall establish the maximum quantity of lead or cadmium\n(and the manner of testing therefor) which may be released from gla…

* § 1377. State rental registry and proactive inspections to identify\nlead hazards. 1. The department shall, in consultation with the division\nof housing and community renewal, develop a registry for all residential\ndwellings with two or more units built prior to nineteen hun…

§ 1380. Definitions. As used in this title:\n 1. "Solid waste management facility" means any area or site,\nstructure, facility or equipment used for or in connection with methods\nincluding, but not limited to shredding, compression, high-temperature\nincineration, pyrolization…

§ 1381. State aid. 1. The commissioner may in the name of the state\nmake or contract to make, within the limitation of the appropriations\ntherefor, a state grant for payment to any municipality or to two or\nmore municipalities jointly of not more than fifty per cent of the\ne…

§ 1382. Powers and duties of the commissioner. In administering and\nenforcing the provisions of this title, the commissioner shall:\n 1. make an estimate of funds or appropriations for inclusion annually\nin the executive budget;\n 2. receive applications for state aid in such …

§ 1383. Powers of municipalities. Any municipality or municipalities\nacting jointly may:\n 1. apply to and contract with the commissioner for state aid pursuant\nto this title;\n 2. enter into contracts for consulting engineering services for the\npreparation of detailed plans …

§ 1385. Legislative intent. Sites formerly operated as landfills to\ndispose of toxic substances are exposing the citizens of the state to\nunnecessary hazards, the duration and extent of which is unknown. To\ndevelop a plan for the alleviation of these conditions, it is necessa…

§ 1386. Duties of the commissioner. The commissioner of health shall\nconduct a study of both the long and the short term effects of health\nhazards associated with exposure to toxic substances emanating from\ncertain landfills.\n

§ 1387. Contracts. The commissioner of health is authorized to enter\ninto contracts and agreements with individuals, corporations and\nmunicipalities to perform the study herein directed to alleviate the\nspecific hazard to which the general public or members thereto may be\nex…

§ 1388. Powers of the commissioner; emergencies. In case of great and\nimminent peril to the health of the general public from such hazards as\nmay be identified as resulting from exposure to toxic substances\nemanating from landfills, the commissioner may declare the existence …

§ 1389. Reports. The commissioner of health shall make an initial\nreport to the governor and the legislature on or before September\nfifteenth, nineteen hundred seventy-eight of his progress and a further\nreport to the governor and the legislature on or before April first,\nni…

§ 1389-a. Definitions. 1. "Hazardous waste" means hazardous waste as\ndefined in section 27-1301 of the environmental conservation law.\n 2. "Inactive hazardous waste disposal site" means an inactive\nhazardous waste disposal site as that term is defined in section 27-1301\nof t…

§ 1389-aa. Definitions. 1. "Regulated medical waste" shall mean any\nof the following waste which is generated in the diagnosis, treatment or\nimmunization of human beings or animals, in research pertaining thereto,\nor in production and testing of biologicals, provided, however…

§ 1389-b. Powers of the commissioner. 1. (a) The department shall be\nresponsible for assessing (i) serious health problems at and in the\nimmediate vicinity of inactive hazardous waste disposal sites and (ii)\nany health problems deemed by the department to be related to condit…

§ 1389-bb. Requirements for generators of regulated medical waste. 1.\nAll the requirements of this title shall apply to hospitals as defined\nin subdivision one of section twenty-eight hundred one of this chapter\nand to residential health care facilities as defined in subdivis…

§ 1389-c. Rules and regulations. The department shall have the power\nto make rules and regulations necessary and appropriate to carry out the\npurposes of this title. Any such regulations shall include provisions\nwhich establish the procedures for a hearing, pursuant to subdiv…

§ 1389-cc. Storage and containment of regulated medical waste. 1.\nContainment of regulated medical waste shall be in a manner and location\nwhich affords protection from the environment and limits exposure to the\npublic.\n 2. Regulated medical waste shall be separated from oth…

§ 1389-d. New use of sites. Subsequent to the adoption of regulations\nby the department of environmental conservation pursuant to section\n27-1317 of the environmental conservation law, no person may\nsubstantially change the manner in which an inactive hazardous waste\ndisposa…

§ 1389-dd. Treatment and disposal of regulated medical waste. 1.\nTreatment or disposal of regulated medical waste shall be by one of the\nfollowing methods:\n (a) By incineration in a regulated medical waste incineration facility\napproved and under permit pursuant to article n…

§ 1389-e. Liability exemptions and defenses. 1. Lender exemption. (a)\nFor purposes of this title no lender shall incur any liability from any\nstatutory claims of the state as an owner or operator of a site, or a\nperson responsible for the disposal of a hazardous waste at such…

§ 1389-ee. Transfer of regulated medical waste to off-site treatment\nand disposal facilities. 1. Any generator of regulated medical waste\nshall transfer custody of the waste only to a transporter who is\npermitted as a regulated medical waste transporter by the department of\n…

§ 1389-ff. Rules and regulations. The commissioner shall promulgate\nrules and regulations in conformity with the standards for generators of\nregulated medical waste, and the storage, containment, treatment and\ndisposal of regulated medical waste found in this title. Nothing i…

§ 1389-gg. Violations of title thirteen. 1. Notwithstanding any other\nprovision of this chapter, any person who violates any of the provisions\nof, or who fails to perform any duty imposed by this title or any rule\nor regulation promulgated pursuant thereto, or any term or con…

§ 1390. Establishment of state camp safety advisory council. The\ncommissioner of health shall establish within the state department of\nhealth a state camp safety advisory council to advise and consult on\npolicy matters relating to youth camp safety. The council shall consist\…

§ 1391. Declaration of public policy. It is the declared policy of the\nstate of New York to protect the health, safety and welfare of children\nattending what are commonly called children's overnight, summer day, and\ntraveling summer day camps.\n

§ 1392. Definitions. As used in this article:\n 1. "Children's overnight camp" shall mean a property consisting of a\ntract of land and any tents, vehicles, buildings or other structures\nthat may be pertinent to its use, any part of which may be occupied by\npersons under eight…

§ 1392-a. Requirement to check sex offender registry. Every person,\nfirm, limited liability company, association and corporation which\noperates a children's overnight camp shall be required, to ascertain\nwhether an employee or volunteer is listed on the state sex offender\nre…

§ 1393. Permit requirements. 1. No person, firm, corporation, or\nassociation shall operate a children's overnight, summer day, or\ntraveling summer day camp without first obtaining a permit from an\nofficer.\n 2. An officer shall issue a permit if, after inspection, the\nchildr…

§ 1394. Children's camps; standards and regulations. 1. The public\nhealth and health planning council shall prescribe standards and\nestablish regulations for children's overnight, summer day and traveling\nsummer day camps, as defined in this article, concerning such matters a…

§ 1394-a. Requirement to check sex offender registry. Every person,\nfirm, limited liability company, association and corporation which\noperates a summer day camp shall be required, to ascertain whether an\nemployee or volunteer is listed on the state sex offender registry\npur…

§ 1394-b. Requirement to check sex offender registry. Every person,\nfirm, limited liability company, association and corporation which\noperates a traveling summer day camp shall be required, to ascertain\nwhether an employee or volunteer is listed on the state sex offender\nre…

§ 1394-c. Camps for children with developmental disabilities. 1. Camps\nfor children with developmental disabilities, as defined in regulations,\nand in compliance with the justice center for the protection of people\nwith special needs, shall be authorized to employ or contract…

§ 1394-d. Requirement to check sex offender registry. Every person,\nfirm, limited liability company, association and corporation which\noperates a children's non-regulated camp as defined in section three\nhundred ninety-eight-f of the general business law shall be required to\…

§ 1395. Violations; temporary restraining order. 1. A violation of\nthis chapter or of the sanitary code in the operation of a children's\novernight, summer day, or traveling summer day camp shall constitute a\npublic nuisance which may be enjoined or restrained.\n 2. When an of…

§ 1396. Pesticide applications. 1. For purposes of this section\n"pesticide" shall have the same meaning as set forth in subdivision\nthirty-five of section 33-0101 of the environmental conservation law,\nprovided however that the following pesticide application shall be\nexempt…

§ 1397. Separability. If any clause, sentence, paragraph, subdivision,\nsection or part of this article shall be adjudged by any court of\ncompetent jurisdiction to be invalid, the judgment shall not affect,\nimpair or invalidate the remainder thereof, but shall be confined in i…

§ 1399-aa. Definitions. As used in this article:\n 1. "Enforcement officer" means the enforcement officer designated\npursuant to article thirteen-E of this chapter to enforce such article\nand hold hearings pursuant thereto; provided that in a city with a\npopulation of more th…

§ 1399-bb. Distribution of tobacco products, vapor products, or herbal\ncigarettes without charge. 1. No retail dealer, or any agent or employee\nof a retail dealer engaged in the business of selling or otherwise\ndistributing tobacco products, vapor products intended or reasona…

§ 1399-bb-1. Promotions prohibited. 1. No manufacturer and no\ndistributor of electronic cigarettes shall market, license, distribute,\nsell, or cause to be marketed, licensed, distributed, or sold any item\n(other than electronic cigarettes, including parts, components or\nacce…

§ 1399-cc. Sale of tobacco products, herbal cigarettes, liquid\nnicotine, shisha, rolling papers or smoking paraphernalia to minors\nprohibited. 1. As used in this section:\n (a) "A device capable of deciphering any electronically readable\nformat" or "device" shall mean any com…

§ 1399-dd. Sale of tobacco products, herbal cigarettes or electronic\ncigarettes in vending machines. No person, firm, partnership, company or\ncorporation shall operate a vending machine which dispenses tobacco\nproducts, herbal cigarettes or electronic cigarettes unless such m…

§ 1399-dd-1. Public display of tobacco product and electronic\ncigarette advertisements and smoking paraphernalia prohibited. 1. For\npurposes of this section:\n (a) "Advertisement" means words, pictures, photographs, symbols,\ngraphics or visual images of any kind, or any combi…

§ 1399-ee. Hearings; penalties. 1. Hearings with respect to violation\nof this article shall be conducted in the same manner as hearings\nconducted under article thirteen-E of this chapter.\n 2. If the enforcement officer determines after a hearing that a\nviolation of this arti…

§ 1399-ff. Enforcement. 1. Where a civil penalty for a particular\nincident has not been imposed or an enforcement action regarding an\nalleged violation for a particular incident is not pending under section\nthirteen hundred ninety-nine-ee of this article, a parent or guardian…

§ 1399-gg. Out-of-package sales and minimum package sizes. 1. All\ntobacco cigarettes sold or offered for sale by a retail dealer shall be\nsold or offered for sale in the package, box, carton or other container\nprovided by the manufacturer, importer, or packager which bears al…

§ 1399-hh. Tobacco and vapor product enforcement. The commissioner\nshall develop, plan and implement a comprehensive program to reduce the\nprevalence of tobacco use, and vapor product, intended or reasonably\nexpected to be used with or for the consumption of nicotine, use\npa…

§ 1399-ii. Tobacco and vapor product use prevention and control\nprogram. 1. To improve the health, quality of life, and economic\nwell-being of all New York state citizens, there is hereby established\nwithin the department a comprehensive statewide tobacco and vapor\nproduct u…