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  • Writer's pictureAccess Compliance

DOH Emergency Rule on Masks

"The NYS Department of Health has issued an emergency rule, effective Thursday July 9, 2020 (

available here ) that addresses the enforcement of several “social distancing” measures.

Perhaps most significant, the rule (Section 66-3.2) imposes an explicit, enforceable requirement on all building owners and operators:

Business operators and building owners, and those authorized on their behalf shall deny admittance to any person who fails to comply with this section [requiring face-coverings] and shall require or compel such persons’ removal. Provided, however, that this regulation shall be applied in a manner consistent with the federal American with Disabilities Act, New York State or New York City Human Rights Law, and any other applicable provision of law.

The rule does specify that any individual violating any provision of this rule is subject to civil penalty up to $1,000 per violation, while businesses are subject to civil penalties specified in statute, up to $2,000 per day of violation."

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