N.Y. Comp. Codes R. & Regs. tit. 19 § 1202.10

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

Section 1202.10 - Complaints

(a) The department shall address bona fide complaints which assert that buildings, structures, conditions, and/or activities regulated by this Part, fail to comply with the Codes. Upon receipt by the department of any information giving rise to reasonable cause to believe that conditions or activities fail to comply with the Codes; the department shall take the following steps as the department deems appropriate:

(1) investigate and/or perform an inspection of the premises, buildings, structures, conditions, and/or activities alleged to be in violation;

(2) if a violation is found to exist, the department shall take any appropriate enforcement action as allowed by section 1202.14 of this Part;

(3) if a violation that was found to exist is abated or corrected, the department shall perform an inspection to verify that the violation has been abated or corrected.

(b) Nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

(c) Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the department, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the department that the buildings, structures, conditions, and/or activities inspected comply with the applicable requirements of the Codes.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1202.10

Adopted New York State Register December 28, 2022/Volume XLIV, Issue 52 , eff. 12/30/2022