New York City Health Code: Introductory Notes [Details]

• Library: Rules of the City of New York
• Edition: 2023
• Currency: Current through January 4, 2024
• Year: 2023

The Department of Health

The authorization for the Department of Health, the head of which is the Commissioner of Health, is contained in Chapter 22 of the New York City Charter §551. Chapter 22 is set forth in full in the Appendix. The Commissioner has all the powers and duties vested in him or in the Department by Chapter 22 or otherwise, except those vested by law in the Board of Health and the Chief Medical Examiner (Chapter 22 §555(a)).

The Department has the jurisdiction, except as otherwise provided by law, to "regulate all matters affecting health in the City of New York and to perform all those functions and operations performed by the City that relate to the health of the people of the City . . ." (Chapter 22 §556). This broad responsibility includes, but is not limited to, enforcement of "all provisions of law applicable in the area under the jurisdiction of the Department for the preservation of human life, for the care, promotion and protection of health and relative to the necessary health supervision of the purity and wholesomeness of the water supply and the sources thereof ..." (Chapter 22 §556(a)). The authority of the Commissioner of Health extends to all functions necessary to carry out the powers and duties of the Department of Health, including those relating to enforcement of the Health Code.

Although the Department of Health is the City agency with primary responsibility in the field of public health, it is not the only agency in New York City with duties relating to health. The Department of Environmental Protection has jurisdiction over all City functions and operations relating to the cleanliness of the streets, the disposal of wastes, the provision of a pure, wholesome and adequate supply of water, and the prevention of air and water pollution and of noise disturbance. Other City agencies involved with health are as follows: The Police Department is the general law enforcement agency and also enforces laws pertaining to health, including this Code, the Human Resources Administration has an interest in child health, among other concerns, the Department of Housing Preservation and Development with the safety and sanitary conditions of housing, Fire Department with fire hazards, the Department of Transportation with vehicular hazards, and the Department of Parks and Recreation with recreational facilities and...