NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...

§ 1.65 NEW YORK STATE PUBLIC HEALTH LEGAL MANUAL
. . . upon the public health”]; 206(2) [State Commissioner or designee
may “enter, examine and survey all grounds, erections, vehicles,
structures, apartments, buildings and places”].
[1.65] 2. State Sanitary Code [Communicable Disease]
10 NYCRR §§ 2.6(a) [local health officer shall, upon receiving a report
of a communicable disease, “make such an investigation as the circumstances
may require for the purpose of . . . ascertaining the source of the
infection and discovering contacts and unreported cases”]; 2.16(a) [where
there is an “outbreak of illness,” the local health officer shall “exercise
due diligence in ascertaining the existence of such outbreak or the unusual
prevalence of diseases, and shall immediately investigate the causes of
same”]. See also 10 NYCRR § 2.25(e) [defining “quarantine of premises”
as (1) “prohibition of entrance into or exit from the premises” and (2)
“prohibition . . . of the removal from such premises of any article liable to
contamination with infective material”].
[1.66] 3. New York City [Communicable Disease]
Health Code [24 RCNY] § 11.03(e) [“the [City Health] Department
may conduct such surveillance, epidemiologic and laboratory investigative
activities as it shall deem necessary to verify the diagnosis, ascertain
the source or cause of infection, injury or illness, identify additional
cases, contacts, carriers or others at risk, and implement public health
measures to control the disease or condition and prevent additional morbidity
or mortality”]; New York City Administrative Code [NYC Admin.
Code] § 17-159 [if a building is “infected with a communicable disease,”
the health department may issue an order to vacate the building].
[1.67] 4. Public Health Law [Nuisance]
PHL §§ 1301 [(1) Governor may require the State Commissioner of
Health to “make an examination concerning nuisances or questions affecting
the security of life and health in any locality”; (2) Governor may
“declare the matters public nuisances . . . and may order them to be
changed, abated or removed as he may direct”]; 1303 [(1) local health
officer “may enter upon or within any place or premises where nuisances
or conditions dangerous to life and health . . . are known or believed to
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