Title PBH, Public Health

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

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

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

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

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

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

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

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

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

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

§ 1386. Duties of the commissioner. The commissioner of health shall conduct a study of both the long and the short term effects of health hazards associated with exposure to toxic substances emanating from certain landfills.

§ 1387. Contracts. The commissioner of health is authorized to enter into contracts and agreements with individuals, corporations and municipalities to perform the study herein directed to alleviate the specific hazard to which the general public or members thereto may be expose…

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

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

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

§ 1389-aa. Definitions. 1. "Regulated medical waste" shall mean any of the following waste which is generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in production and testing of biologicals, provided, however, t…

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

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

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

§ 1389-cc. Storage and containment of regulated medical waste. 1. Containment of regulated medical waste shall be in a manner and location which affords protection from the environment and limits exposure to the public. 2. Regulated medical waste shall be separated from other wa…

§ 1389-d. New use of sites. Subsequent to the adoption of regulations by the department of environmental conservation pursuant to section 27-1317 of the environmental conservation law, no person may substantially change the manner in which an inactive hazardous waste disposal si…

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

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

§ 1389-ee. Transfer of regulated medical waste to off-site treatment and disposal facilities. 1. Any generator of regulated medical waste shall transfer custody of the waste only to a transporter who is permitted as a regulated medical waste transporter by the department of envi…

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

§ 1389-gg. Violations of title thirteen. 1. Notwithstanding any other provision of this chapter, any person who violates any of the provisions of, or who fails to perform any duty imposed by this title or any rule or regulation promulgated pursuant thereto, or any term or condit…

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

§ 1391. Declaration of public policy. It is the declared policy of the state of New York to protect the health, safety and welfare of children attending what are commonly called children's overnight, summer day, and traveling summer day camps.

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

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

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

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

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

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

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

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

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

§ 1396. Pesticide applications. 1. For purposes of this section "pesticide" shall have the same meaning as set forth in subdivision thirty-five of section 33-0101 of the environmental conservation law, provided however that the following pesticide application shall be exempt: (a…

§ 1397. Separability. If any clause, sentence, paragraph, subdivision, section or part of this article 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 …

§ 1399-aa. Definitions. As used in this article: 1. "Enforcement officer" means the enforcement officer designated pursuant to article thirteen-E of this chapter to enforce such article and hold hearings pursuant thereto; provided that in a city with a population of more than on…

§ 1399-bb. Distribution of tobacco products, vapor products, or herbal cigarettes without charge. 1. No retail dealer, or any agent or employee of a retail dealer engaged in the business of selling or otherwise distributing tobacco products, vapor products intended or reasonably…

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

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

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

§ 1399-dd-1. Public display of tobacco product and electronic cigarette advertisements and smoking paraphernalia prohibited. 1. For purposes of this section: (a) "Advertisement" means words, pictures, photographs, symbols, graphics or visual images of any kind, or any combinatio…

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

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

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

§ 1399-hh. Tobacco and vapor product enforcement. The commissioner shall develop, plan and implement a comprehensive program to reduce the prevalence of tobacco use, and vapor product, intended or reasonably expected to be used with or for the consumption of nicotine, use partic…

§ 1399-ii. Tobacco and vapor product use prevention and control program. 1. To improve the health, quality of life, and economic well-being of all New York state citizens, there is hereby established within the department a comprehensive statewide tobacco and vapor product use p…