§ 43 — Emergency health and sanitation areas

New York § 43

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 4: Powers of Agencies

Text

§ 43. Emergency health and sanitation areas. 1. Whenever the governor\nshall determine that (a) because of the existence of any military or\nnaval establishment of the United States, or of any other establishment\nor facility constructed, enlarged or placed in operation subsequent to\nJune twenty-fifth, nineteen hundred fifty for the purposes of or in\nconnection with the defense effort, there has been an increase in the\npopulation of any area in the state to such an extent as to produce\nproblems of health and sanitation, or (b) an emergency exists as the\nresult of attack, or (c) as a result of conditions created directly or\nindirectly by the defense effort, insufficient or inadequate medical or\nhealth personnel or facilities are available in any area, he may, upon\nthe recommendation of the state commissioner of health or whenever he\ndetermines that such action is deemed necessary for the protection of\npublic health, designate any area in the state so affected as an\nemergency health and sanitation area and fix the boundaries thereof.\n 2. Whenever a special emergency health and sanitation area is\nestablished, as herein provided, it shall be the duty of the local board\nor boards of health of the territory within such area, to make and\nenforce rules and regulations consistent with the provisions of the\npublic health law (a) to prevent or limit the introduction or spread of\nany contagious or infectious disease and (b) to protect the public\nhealth within the area.\n 3. If in the judgment of the governor, any local board of health in\nthe territory within such area is unable or fails to make and enforce\nadequate rules and regulations for the protection of the public health\ntherein, he may direct the state commissioner of health to make and\nenforce such rules and regulations, and for this purpose the state\ncommissioner of health is authorized and empowered to assume any or all\nof the powers and authority now or hereafter conferred by law upon local\nboards of health.\n 4. Any local board of health having jurisdiction over territory within\nan emergency health and sanitation area may, by application in writing,\nrequest the commissioner of health to undertake the protection of the\narea over which the local board has jurisdiction. Upon his approval of\nany such request, the state commissioner of health is hereby authorized\nand empowered to make and enforce rules and regulations in such area and\nfor this purpose, the state commissioner of health is authorized and\nempowered to assume any and all power and authority now or hereafter\nconferred by law upon local boards of health.\n 5. Whenever the governor has designated an emergency health and\nsanitation area because of the insufficiency or inadequacy of medical or\nother health personnel or facilities, the state commissioner of health\nis authorized, directed and empowered to designate, appoint, employ for\nservice therein and supervise necessary medical and health personnel and\nto make such other provisions as may be necessary or desirable for the\nprotection of public health.\n 6. The commissioner of health is hereby authorized to cooperate with\nand utilize the services of local, state and federal health and welfare\nagencies in formulating and effectuating state, interstate and federal\nhealth and sanitation programs.\n