N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-5.5

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

Section 7-5.5 - Enforcement

(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.

(b) Public health hazards.

(1) A public health hazard is any condition which can be reasonably expected to be responsible for or cause illness, physical injury or death. Any of the following conditions are public health hazards which require the permit-issuing official or his or her designated representative to order immediate correction or to immediately commence an enforcement action as provided by the Public Health Law and/or this Subpart:

(i) the potable water serving the agricultural fairground contains one or more contaminants in excess of one or more maximum levels prescribed in applicable sections of Part 5 of this Title and/or section 7-5.12(g) of this Subpart;

(ii) use of an unapproved or contaminated water supply source;

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

(iv) hazardous or toxic chemical contamination of the potable water supply;

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

(vi) the presence of cross-connections or other faults in the agricultural fairground's water distribution or plumbing system which results, or may result, in the contamination of the potable water supply;

(vii) the presence or storage at the agricultural fairground of animal waste which results, or may result, in contamination of a water supply;

(viii) inadequately treated sewage discharging on the ground surface in a location accessible to agricultural fairground occupants which results, or may result in contamination of a water supply;

(ix) if food service is provided by the agricultural fairground owner, the presence of any public health hazard identified in section 14-1.10(b) or (c) of this Title;

(x) the condition of the electric service, wiring or electrical system components in the camping area is such that an imminent fire or shock hazard exists; and

(xi) any other condition determined by the permit-issuing official to be a public health hazard.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-5.5