Air filtration and ventilation guidance enforcement (Department of Health and Mental Hygiene)

Your request has been emailed to the Department of Health and Mental Hygiene (DOHMH) because that agency is not yet using
the portal to respond to FOIL requests. The details of your request are shown below.
No further information will be available on the OpenRecords portal regarding this
request.

Request Title: Air filtration and ventilation guidance enforcement (Department of Health and Mental

Request Description: To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Records relating to the total number of restaurants inspected for compliance with state pandemic air filtration and ventilating guidance.

Records relating to the total number of inspected restaurants that have installed MERV 13 filters.

Records relating to the total number of inspected restaurants that have installed portable filtration or UVGI instead of MERV 13 filters.

Records relating to the total number of inspected restaurants that were operating the installed filtration or UVGI systems when inspected.

Records relating to the total number of inspected restaurants that have other mitigation measures in place, when MERV 13 filtration, UVGI, and portable filtration, was not in place.

Records relating to the number restaurants that have been found to be or are currently out of compliance with air filtration and ventilating guidance.

Should no such records exist, I request information on what records and/or statistics are collected regarding air filtration and ventilating guidance enforcement.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

ALEXANDER RICCIO

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Requester's Contact Information



Name:
Alexander Riccio

Title:
Not provided

Organization:
Not provided

Email:
requests@muckrock.com (mailto:requests@muckrock.com)

Phone Number:
Not provided

Fax Number:
Not provided

Street Address (line 1):
Not provided

Street Address (line 2):
Not provided

City:
Not provided

State:
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Zip Code:
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Please contact the Department of Health and Mental Hygiene (DOHMH) via email at foil@health.nyc.gov
for any further information. (mailto:foil@health.nyc.gov)

FOIL Control #: 2021FR01201

The NYC Department of Health and Mental Hygiene (DOHMH) acknowledges receipt of your Freedom of Information Law request. It has been assigned the above-noted control number and has been processing. You should receive a response within twenty(20) business days. Please note that as of January 1, 2019, the Department may charge the statutorily allowable fee of 25¢ per page for photocopied pages of FOIL responses.

All inquiries about the status of your request should be made with control number noted above.

Thank you,

FOIL Administration

New York City Department of Health and Mental Hygiene

347-396-6011 (ph.)

347-396-6087 (f)

recordsaccess@health.nyc.gov<mailto:recordsaccess@health.nyc.gov>

Please note the correct number of your request is FOIL Control #: 2021FR01203.

Thank you,

FOIL Administration

New York City Department of Health and Mental Hygiene

347-396-6011 (ph.)

347-396-6087 (f)

recordsaccess@health.nyc.gov<mailto:recordsaccess@health.nyc.gov>

Good Afternoon,

I am not in the office today and so I am unable to provide you with an update.

Next Tuesday, when I return to the office, I will provide you with an update.

Thank you.

Good Morning,

Your FOIL Request was sent to the Data Analysts who will procure and analyze the relevant data and compile it in an Excel Spreadsheet.

Thank you.

Good Afternoon,

I will find out the status of this matter and respond to your e-mail shortly.

Thank you.

Dear Mr. Riccio:

I apologize for the delay. After communicating with our program staff, I have determined that the NYC Department of Health and Mental Hygiene does not have records responsive to most of your request. DOHMH does possess some limited data on the number of restaurants that are out of compliance with air filtration requirements. However, both the Mayor's Office of Operations and the Mayor's Office of Data Analytics would have more comprehensive data on this and the remaining items of your request.

If you have not done so already, please submit your request to the Mayor's Office through the Open Records portal here:

https://a860-openrecords.nyc.gov/request/new

My apologies again for the delay.

Sincerely,
Bernadette O'Donnell
Records Access Officer

Mr. Riccio:

I apologize for the delay. The only records that DOHMH has that would be responsive to your request pertain to violations. With respect to this data, I have been informed by our program staff that either the Mayor's Office of Operations or the Mayor's Office of Data Analytics would have more comprehensive data than DOHMH since they are the owners of the data.

Please let me know if you would still like DOHMH to proceed with providing records that are responsive to your request in spite of these limitations.

Thank you,,
Bernadette

Thanks, Mr. Riccio. I will follow-up with our program staff on this.

Mr. Riccio:

I apologize for the delay. Please note that out of the limited data DOHMH has which would be responsive to your Freedom of Information Law request (data on the number of restaurants found to be out of compliance with air filtration requirements), this number would not accurately reflect the number of restaurants with violations, because the data does not contain citywide business inspections results.

My understanding is that City Hall is in possession of the complete universe of this data, and is in a best equipped to respond to your request.

Please let me know if you have any questions.

Thank you,
Bernadette

Good afternoon:

We received your request here at DOHMH. I want to get a better understanding of the request you can give me a call at 347-369-6059 EXT. 6059.

Thank You
Dominique Watkins

FOIL Administration
New York City Department of Health and Mental Hygiene
347-396-6116 (ph.)
347-396-6087 (f)
recordsaccess@health.nyc.gov<mailto:recordsaccess@health.nyc.gov>

Sent from the New York City Department of Health & Mental Hygiene. This email and any files transmitted with it may contain confidential information and are intended solely for the use of the individual or entity to whom they are addressed. This footnote also confirms that this email message has been swept for the presence of computer viruses.

Dear Mr. Riccio:

I apologize for the delay. After communicating with our program staff, I have determined that the NYC Department of Health and Mental Hygiene does not have records responsive to most of your request. DOHMH does possess some limited data on the number of restaurants that are out of compliance with air filtration requirements. However, both the Mayor's Office of Operations and the Mayor's Office of Data Analytics would have more comprehensive data on this and the remaining items of your request.

If you have not done so already, please submit your request to the Mayor's Office through the Open Records portal here:

https://a860-openrecords.nyc.gov/request/new

My apologies again for the delay.

Sincerely,
Bernadette O'Donnell
Records Access Officer

Thank you,

FOIL Administration

Office of the General Counsel

NYC Department of Health and Mental Hygiene - City of New York

42-09 28th St.,CN30, Long Island City, NY 11101

Telephone:347-396-6116 Fax:347-396-6087

Email: recordsaccess@health.nyc.gov | nyc.gov/health<https://www1.nyc.gov/site/doh/index.page>