(a) As determined by the commissioner based on COVID-19 incidence and prevalence, as well as any other public health and/or clinical risk factors related to COVID-19 disease spread, any person who is over age two and able to medically tolerate a face-covering may be required to cover their nose and mouth with a mask or face-covering when:

1. (1) in a public place and unable to maintain, or when not maintaining, social distance; or
2. (2) in certain settings as determined by the commissioner, which may include schools, public transit, homeless shelters, correctional facilities, nursing homes, and health care settings, and which may distinguish between individuals who are vaccinated against COVID-19 and those that are not vaccinated. The commissioner shall issue findings regarding the necessity of face-covering requirements at the time such requirements are announced.

(e) For purposes of this section face-coverings shall include, but are not limited to, cloth masks, surgical masks, and N-95 respirators that are worn to completely cover a person’s nose and mouth.

1. (1) A violation of any provision of this section is subject to all civil and criminal penalties as provided for by law. Individuals or entities that violate this section are subject to a maximum fine of $1,000 for each violation. For purposes of civil penalties, each day that an entity operates in a manner inconsistent with the section shall constitute a separate violation under this section.
2. (2) All local health officers shall take such steps as may be necessary to enforce the provisions of this section accordance with the Public Health Law and this Title.

(f) Penalities and enforcement.