N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-1.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7-1.4 - Enforcement

(a) Permits and placarding.

(1) The permit-issuing official may order any facility operating without a permit as required in section 7-1.3 of this Subpart to close, and remain closed until a valid permit for operation of the facility is obtained.

(2) The enforcement procedures delineated in the Public Health Law or otherwise provided by law shall be used as appropriate. Where a public health hazard is found, the portion of the temporary residence impacted by the hazard shall be placarded to prohibit use until the hazard is corrected in order to protect the public health and 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 Title 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 public. The hearing shall be conducted by the permit-issuing official or the designated hearing officer.

(4) The permit-issuing official or designated representative shall inspect the premises within two working days of notification that the hazard has been eliminated. The placards will be removed after the permit-issuing official or his designated representative verifies that the hazard has been eliminated.

(b) Public health hazards. Any of the following violations are public health hazards which require immediate corrective or remedial action and which require the permit-issuing official or designated representative to order immediate correction or to immediately institute action as provided in the law and in this Subpart:

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

(2) the potable water system contains contaminants in excess of the maximum contaminant levels prescribed in applicable sections of Part 5 of this Title;

(3) use of an unapproved water supply source for potable use;

(4) insufficient quantity of water to meet drinking or sanitary demands;

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

(6) disinfection of the potable water system is inadequate to destroy harmful microorganisms or to maintain a specified chlorine residual;

(7) the presence of cross connections or other faults in the water distribution or plumbing systems which result, or may result, in the contamination of the potable water system;

(8) inadequately treated sewage discharging on the ground surface in an area accessible to the facility occupants and/or public, or which may result in pollution of a ground or surface water supply or bathing beach;

(9) inadequately operated and/or maintained fire alarm and fire suppression systems;

(10) failure to provide or maintain required exits;

(11) failure to maintain required exits or smoke barrier doors, emergency lights, or exit signs;

(12) improper storage of flammable, volatile liquids or hazardous materials;

(13) any other condition the permit-issuing official determines to be a public health hazard.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-1.4