N.Y. Comp. Codes R. & Regs. tit. 10 § 15.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 15.3 - Enforcement

(a) Permits and placarding.

(1) Operation of a mgrant farmworker housing facility without a permit is a violation of this Part. The permit-issuing official may order any facility operaing without a permit to close and remain closed until a valid permit for operation of the facility is obtained.

(2) The enforcement procedures delineated in sections 12, 12-a, 12-b, 16, 206, 225, 308, 309, 1303-1305, 1308 and 1330 of the Public Health Law shall be used as appropriate. Where a public health hazard is found, the building or portion of the migrant farmworker housing facility constituting the hazard may be placarded to prohibit use until the hazard is corrected in order to protect the public health or safety of the occupants. 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. 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 permit-issuing official shall constitute a violation of this Chapter and the Public Health Law.

(3) As soon as possible and in any event within 15 days after placarding a facility, the operator shall be provided with an opportunity to be heard and present evidence that continued operation of the facility does not constitute a danger to the health or safety of the occupants or the public. The hearing shall be conducted by the permit-issuing official or his designated hearing officer.

(4) The permit-issuing official or his designated representative shall inspect the premises within two working days of notification that the hazard has been eliminated, to remove the placards after verifying correction.

(b) Public health hazards.

(1) A public health hazard is any condition which could be reasonably expected to be responsible for illness, physical injury or death.

(2) Any of the following violations are public health hazards which require the permit-issuing official or his designated representative to order immediate correction or to immediately institute action as provided in the law and in this Part:

(i) the condition of the electric service, wiring, or electrical system components is such that an imminent fire or shock hazard exists;

(ii) installation or operation of stoves, including cook stoves, or other heat producing equipment constituting a fire hazard or inadequate venting of fumes;

(iii) failure to provide required fire exits or blockage of a required exit by locking or other obstruction;

(iv) use of construction materials resulting in an imminent fire, or structural safety hazard;

(v) potable water system serving the camp contains contaminants in excess of the levels prescribed in applicable sections of Part 5 of this Title;

(vi) treatment of the camp water system, when required for disinfection or removal of contaminants, is not continuous;

(vii) presence of cross-connections or other faults in the plumbing system which result, or may result in contamination of the potable water supply;

(viii) inadequately treated sewage discharging on the ground surface in an area accessible to camp occupants, or in a manner which may contaminate food service areas, or result in pollution of a ground or surface water supply source;

(ix) storage of hazardous materials, including agricultural chemicals and pesticides, or their containers in a manner which is hazardous to the health or safety of the housing occupants, or contamination of housing by hazardous materials that are hazardous to the health and safety of the housing occupant;

(x) other conditions which constitute a public health hazard.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 15.3