§ 23-35-08 — Boards of health - Powers and duties

Except when in conflict with a local ordinance or a civil service rule within a board of health's
jurisdiction, or a tribal code, ordinance, or policy, each board of health:
1. Shall keep records and make reports required by the department.
2. Shall prepare and submit a public health unit budget.
3. Shall audit, allow, and certify for payment expenses incurred by a board of health in
carrying into effect this chapter.
4. May accept and expend any gift, grant, donation, or other contribution offered to aid in
the work of the board of health or public health unit.
5. May make rules regarding any nuisance, source of filth, and any cause of sickness
which are necessary for public health and safety, except rules regarding the licensing
of onsite wastewater treatment system installers.
6. May establish by rule a schedule of reasonable fees that may be charged for services
rendered. Services may not be withheld due to an inability to pay any fees established
under this subsection. If a tribal board of health establishes fees for services rendered,
the fees may not exceed the highest corresponding fee of any of the public health
units that border the tribal public health unit.
7. May make rules in a health district or county public health department, as the case
may be, and in the case of a city public health department may recommend to the
city's governing body ordinances for the protection of public health and safety.
8. May adopt confinement, decontamination, and sanitary measures in compliance with
chapter 23-07.6 which are necessary when an infectious or contagious disease exists.
9. May make and enforce an order in a local matter if an emergency exists.
10. May inquire into any nuisance, source of filth, or cause of sickness.
11. Except in the case of an emergency, may conduct a search or seize material located
on private property to ascertain the condition of the property as the condition relates to
public health and safety as authorized by an administrative search warrant issued
under chapter 29-29.1.
12. May abate or remove any nuisance, source of filth, or cause of sickness when
necessary to protect the public health and safety.
13. May supervise any matter relating to preservation of life and health of individuals,
including the supervision of any water supply and sewage system.
14. May isolate, kill, or remove any animal affected with a contagious or infectious disease
if the animal poses a material risk to human health and safety.
15. Shall appoint a local health officer.
16. May employ any person necessary to effectuate board rules and this chapter.
17. If a public health unit is served by a part-time local health officer, the board of health
may appoint an executive director. An executive director is subject to removal for
cause by the board of health. The board of health may assign to the executive director
the duties of the local health officer, and the executive director shall perform these
duties under the direction of the local health officer.
18. May contract with any person to provide the services necessary to carry out the
purposes of the board of health.
19. Shall designate the location of a local health officer's office and shall furnish the office
with necessary equipment.
20. May provide for personnel the board of health considers necessary.
21. Shall set the salary of the local health officer, the executive director, and any assistant
local health officer and shall set the compensation of any other public health unit
personnel.
22. Shall pay for necessary travel of the local health officer, the local health officer's
assistants, and other personnel in the manner and to the extent determined by the
board.