§ 225 — Public health and health planning council; powers and duties; sanitary code

New York § 225

• Jurisdiction: New York
• Law PBH: Public Health
• Title 2: The Public Health Council
• Art. 2: The Department of Health

Text

§ 225. Public health and health planning council; powers and duties;\nsanitary code. 1. The public health and health planning council shall,\nat the request of the commissioner, consider any matter relating to the\npreservation and improvement of public health, and may advise the\ncommissioner thereon; and it may, from time to time, submit to the\ncommissioner, any recommendations relating to the preservation and\nimprovement of public health.\n 2. The public health and health planning council shall appoint one or\nmore advisory committees expert in the major areas of public health\nconcern, including but not limited to health education, health manpower,\neconomics and delivery of health service, sanitation problems and\ninterprofessional relationships. Members of advisory committees need not\nbe members of the public health and health planning council.\n 3. The public health and health planning council shall have no\nexecutive, administrative or appointive duties except as otherwise\nprovided by law.\n 4. The public health and health planning council shall have power by\nthe affirmative vote of a majority of its members to establish, and from\ntime to time, amend and repeal sanitary regulations, to be known as the\nsanitary code of the state of New York, subject to approval by the\ncommissioner.\n 5. The sanitary code may:\n (a) deal with any matters affecting the security of life or health or\nthe preservation and improvement of public health in the state of New\nYork, and with any matters as to which the jurisdiction is conferred\nupon the public health and health planning council;\n (b) prescribe the qualifications of public health personnel of the\ndepartment, directors of divisions, regional health directors, state\ndistrict health officers, local health officers; county and city health\ncommissioners, deputy and assistant county or city health commissioners;\npublic health administrators; county health directors and deputy and\nassistant county health directors; directors of county physically\nhandicapped children's programs; directors of medical care (local\nassistance programs); public health nurses; public health physical\ntherapists; public health educators; nurse-midwives; medical social\nworkers; public health social workers; radiation safety officers;\nsanitary and public health engineers, sanitarians, sanitary inspectors;\npublic health veterinarians; operators of public water treatment and\npurification plants; and the qualifications of persons not paid from\npublic funds and who are appointed and employed after January first,\nnineteen hundred forty-seven, as operators of water treatment or\npurification plants owned or operated by water companies, corporations\nor by a person or group of persons serving the general public residing\nin a political subdivision or any part thereof;\n (c) establish regulations for the promotion of health in any or all\nIndian reservations;\n (e) establish regulations for the maintenance of hospitals for\ncommunicable diseases;\n (f) prescribe standards of efficiency for such laboratories as are\nunder contract with the commissioner for the examination of specimens\nreceived from local health officers or physicians for routine\nexaminations and analyses;\n (g) set forth the diseases for which specimens shall be submitted for\nexamination to a laboratory approved by the department.\n (h) designate the communicable diseases which are dangerous to the\npublic health;\n (i) set forth the nature of the information required to be furnished\nby every physician in his notice to the department of each case of\ncommunicable disease.\n (j) establish regulations in respect to contact or communication with\nor use of infected premises, places or things and prescribe the method\nor methods for the purification and cleansing of the same before general\nintercourse with the said premises, places or things, or use thereof is\nallowed;\n (k) establish regulations defining the methods and precautions to be\nobserved in disinfecting, cleansing or renovating premises vacated by\npersons suffering from a communicable disease;\n (l) prescribe the qualifications that shall be possessed by persons in\ncharge of diagnostic clinical laboratories as provided by the workmen's\ncompensation law;\n (m) require that application be made for a permit to operate a farm or\nfood processing labor camp as defined in the sanitary code; authorize\nappropriate officers or agencies to issue such a permit when the\napplicant is in compliance with the established regulations; prescribe\nstandards for living quarters at farm and food processing labor camps,\nincluding provisions for sanitary conditions; light, air, and safety;\nprotection from fire hazards; maintenance; and such other matters as may\nbe appropriate for security of life or health, provided however, that\nthe provisions of the sanitary code established pursuant to the\nprovisions hereof shall apply to all farm and food processing labor\ncamps intended to house migrant workers and which are occupied. In the\npreparation of such regulations, the public health and health planning\ncouncil may request and shall receive technical assistance from the\nboard of standards and appeals of the state department of labor and the\nstate building code commission. Such regulation shall be enforced in the\nsame manner as are other provisions of the sanitary code;\n (n) prescribe the qualifications of occupational therapists employed\nin public general hospitals and tuberculosis hospitals and sanitoria\nmaintained pursuant to the general municipal law;\n (o) require that application be made for a permit to operate a\ntemporary residence as defined in the sanitary code, or to hold or\npromote by advertising or otherwise a mass gathering which is likely to\nattract five thousand people or more and continue for twenty-four hours\nor more and authorize appropriate officers or agencies to issue such a\npermit when the applicant is in compliance with the established\nregulations and when it appears that such temporary residence can be\noperated or such gathering held without hazard to health and safety;\nestablish regulations with respect to such gatherings to provide for:\nthe furnishing of adequate undertakings to secure full compliance with\nthe sanitary code and other applicable law, adequate and satisfactory\nwater supply and sewerage facilities, adequate drainage, adequate toilet\nand lavatory facilities, adequate refuse storage and disposal\nfacilities, adequate sleeping areas and facilities, wholesome food and\nsanitary food service, adequate medical facilities, insect and noxious\nweed control, adequate fire protection, and such other matters as may be\nappropriate for security of life or health. In his review of\napplications for permits for the holding or promoting of such a\ngathering the permit-issuing official may require such plans,\nspecifications and reports as he shall deem necessary for a proper\nreview, and in his review of such applications, as well as in carrying\nout his other duties and functions in connection with such a gathering,\nthe permit-issuing official may request and shall receive from all\npublic officers, departments and agencies of the state and its political\nsubdivisions such cooperation and assistance as may be necessary and\nproper;\n (p) establish regulations in respect to ionizing radiation and\nnonionizing electromagnetic radiation except in relation to special\nnuclear materials in quantities sufficient to form a critical mass and\nexcluding the handling and disposal of radioactive wastes and the\nrelease of radioactivity to the environment regulated by the state\ndepartment of environmental conservation. Such regulations may require\nthe posting of a bond or other security;\n (q) authorize appropriate officers or agencies to register radiation\ninstallations as defined in the sanitary code, issue licenses for the\ntransfer, receipt, possession and use of radioactive materials, other\nthan special nuclear materials in quantities sufficient to form a\ncritical mass, render such inspection and other radiation protection\nservices as may be necessary in the interest of public health, safety\nand welfare, charge registration fees not to exceed a rate of fifty\ndollars per installation per annum and, subject to the approval of the\ncommissioner and, in the case of charges by the department, the director\nof the budget, charge adequate and reasonable fees for licensing,\ninspection and other radiation protection services not exceeding the\nestimated costs of such services, except that, with the approval of the\ncommissioner, one or more services may be rendered without any charge.\n (r) establish regulations in respect to emergency medical treatment,\nequipment and services at public functions likely to attract 5,000 or\nmore people, taking into consideration, differences in type, size and\nduration of function, composition of audience, and accessibility and\nadequacy of emergency health facilities in the vicinity.\n (s) require that application be made for a permit to manufacture for\nsale at retail frozen desserts as defined in the sanitary code;\nauthorize appropriate officers or agencies to issue such a permit for a\nfee of twenty-five dollars per annum.\n (t) facilitate epidemiological research into the prevention of\nenvironmental diseases, by establishing regulations designating as\nenvironmentally related diseases those pathological conditions of the\nbody or mind resulting from contact with toxins, mutagens or teratogens\nin solid, liquid or gaseous form, or in the form of ionizing radiation\nor nonionizing electromagnetic radiation, and by requiring the reporting\nof such diseases or suspected cases of such diseases to the department\nby physicians, medical facilities and clinical laboratories. Any\ninformation provided to the department pursuant to such regulations\nshall be in the form required by the department, and shall be kept\nconfidential and used by the commissioner pursuant to the provisions of\nparagraph (j) of subdivision one of section two hundred six of this\nchapter, and other applicable laws relating to the confidential\ntreatment of patient and medical data, except that the department may\nshare identifying or other information with a local health department\nwhen, and only to the extent that, the department determines this\ninformation is necessary to protect public health against the hazards\nassociated with exposure to the material. Data shared with the local\nhealth department shall not be further disclosed and shall be otherwise\nsubject to the confidentiality requirements of paragraph (j) of\nsubdivision one of section two hundred six of this chapter and any other\napplicable laws related to the confidential treatment of patient and\nmedical data.\n (u) (i) require bacteriological testing of bottled water sold or\ndistributed for use in this state. Such code shall establish\nrequirements for sampling at regular time intervals and in number\nproportionate to the frequency of production days and the total volume\nof bottled water sold or distributed for use in this state.\n (ii) require physical, inorganic chemical, organic chemical and\nradiological testing of bottled water. Such testing requirements shall\nmeet or exceed the required parameters and frequencies for public water\nsupplies. Testing for organic and inorganic chemicals shall occur at\nleast annually. Testing for radiological content shall occur at least\nannually. Such testing shall be conducted on source water and bottled\nwater product. The department shall designate a quarterly period when\nsuch annual tests will be conducted. Samples for such testing shall be\ntaken on each production line and tested in labs approved by the\ndepartment. Lab reports generated from such testing shall be sent\ndirectly to the department.\n (iii) establish a procedure by which purveyors of bottled water shall\ncertify, to the department, that their bottled water complies with the\norganic, inorganic, radiological and other water content standards\nestablished pursuant to this section. Such certifications shall be\nsubmitted to the department in accordance with the testing schedules\nindicated in subparagraph (ii) of this paragraph, for source water and\nbottled water product. The department shall at least on a quarterly\nbasis compare random shelf samples of each product line of bottled water\nand test them for compliance with the standards established pursuant to\nthis section. If the findings of the random sampling comparison fail to\ncomply with the standards established for bottled water pursuant to this\nsection, the purveyor shall be subject to the penalties and sanctions of\nthis chapter.\n (iv) require purveyors who provide sodium content information on\nbottled water labels to numerically indicate in a manner consistent with\nfederal law and regulation the sodium content of bottled water on labels\naffixed to bottled water.\n (v) require purveyors to indicate, clearly and conspicuously, the\nbottling date by day, month and year on labels affixed to bottled water.\n (vi) require the department of health to give public notice of, and\nmake available to retailers of bottled water, the annual listing of\ncertified bottled water purveyors that indicates only such certified\nwaters may be lawfully sold. If within the annual notification cycle any\npurveyor is decertified, the department shall give public notice of such\ndecertification. The department shall maintain and make available an\nupdated list of certified purveyors for retailers.\n (v) provide for the issuance of variances and waivers from\nrequirements for providing lifeguards at swimming pools and bathing\nbeaches that are part of temporary residences. The code shall provide\nthat variances and waivers shall not expire upon change in ownership of\nthe facility.\n 5-a. The sanitary code shall provide for the supervision of surf\nbeaches customarily used for swimming or bathing which are owned or\noperated by a homeowners association by persons qualified as surf\nlifeguards according to standards for public surf beaches established in\nsuch code. For purposes of this subdivision, "surf beaches owned or\noperated by homeowner associations" shall include bathing beaches owned\nand operated by a condominium which is property subject to article\nnine-B of the real property law; a cooperative, in which the property is\nowned or leased by a corporation, the stockholders of which are entitled\nto use the bathing beach solely by reason of their ownership of stock in\nthe corporation and occupy apartments for dwelling purposes, provided an\n"offering statement" or "prospectus" has been filed with the department\nof law; or an incorporated or unincorporated property association, by\nwhich all members own residential property in a fixed or defined\ngeographical area with deeded rights to use, with similarly situated\nowners, a defined bathing beach.\n 5-b. Places of public assembly on-site cardiac automated external\ndefibrillator.\n (a) Notwithstanding the provisions of paragraph (r) of subdivision\nfive of this section, the sanitary code shall provide that each place of\npublic assembly shall provide and maintain on-site automated external\ndefibrillators (AED), as defined in paragraph (a) of subdivision one of\nsection three thousand-b of this chapter, in quantities and types deemed\nby the commissioner to be adequate to ensure ready and appropriate\naccess for use during emergencies.\n (b) Whenever places of public assembly are used for public or private\nsponsored events or activities the owners, operators and administrators\nresponsible for such place of public assembly shall ensure the presence\nof at least one staff person or volunteer who is trained, pursuant to\nparagraph (a) of subdivision three of section three thousand-b of this\nchapter, in the operation and use of an AED.\n (c) For the purposes of this subdivision places of public assembly\nshall be those with an occupancy capacity of at least one thousand\npeople and shall include: (i) all stadiums, ballparks, gymnasiums, field\nhouses, arenas, civic centers and similar facilities used for the\nconduct of sporting events; and (ii) concert halls, recital halls,\ntheatres, indoor and outdoor amphitheatres or other auditoriums used for\nthe presentation of musical renditions or concerts. Places of public\nassembly shall not include halls owned by churches, religious\norganizations, granges, public associations, or free libraries as\ndefined by section two hundred fifty-three of the education law.\n (d) Places of public assembly and staff pursuant to paragraphs (a) and\n(b) of this subdivision shall be subject to the requirements and\nlimitations of section three thousand-b of this chapter.\n (e) Pursuant to sections three thousand-a and three thousand-b of this\nchapter, any public access defibrillation provider, or any employee or\nother agent of the provider who, in accordance with the provisions of\nthis section, voluntarily and without expectation of monetary\ncompensation renders emergency medical or first aid treatment using an\nAED which has been made available pursuant to this section, to a person\nwho is unconscious, ill or injured, shall be liable only pursuant to\nsection three thousand-a of this chapter.\n (f) Nothing in this subdivision shall be construed to prohibit a\npolitical subdivision of the state from continuing to implement and\nenforce any local law or regulation related to the placement of\nautomated external defibrillators in places of public assembly as\ndefined in this subdivision, in effect prior to the effective date of\nthis subdivision. Where a political subdivision has a local law in\neffect prior to the effective date of this subdivision, the provisions\nof this subdivision shall have no force and effect until such time as\nthe political subdivision repeals its local law.\n 5-c. Notwithstanding the provisions of paragraph (r) of subdivision\nfive of this section, the sanitary code shall:\n (a) provide that any public or private surf beach or swimming facility\nwhich is required by any other provision of law to be supervised by a\nsurf lifeguard qualified according to the standards of such code, shall\nprovide and maintain on-site automated external defibrillator (AED)\nequipment, as defined in paragraph (a) of subdivision one of section\nthree thousand-b of this chapter. Such swimming facilities and staff\nshall be subject to the requirements and limitations of section three\nthousand-b of this chapter.\n (b) provide that at least one lifeguard trained pursuant to paragraph\n(a) of subdivision three of section three thousand-b of this chapter in\nthe operation and use of an AED shall be present during all periods of\nrequired supervision.\n 5-d. The state sanitary code shall:\n (a) require that all lifeguards employed at children's overnight,\nsummer day, and travelling summer day camps as defined in section\nthirteen hundred ninety-two of this chapter, meet the following\nqualifications:\n (i) be at least seventeen years of age, except:\n (A) a maximum of fifty percent of the required total number of\nlifeguards on duty may be at least fifteen years of age provided they\nare under the supervision of a camp aquatics director as required by\npart seven of the state sanitary code; and\n (B) lifeguards required for wilderness swimming must be at least\neighteen years of age; and\n (ii) meet lifeguarding, first aid and CPR certification requirements\nfor minimum lifeguard supervision levels as required in parts six and\nseven of the state sanitary code; and\n (b) require all qualified lifeguards while on duty at the waterfront\nto not be engaged in duties or activities which distract them from the\ndirect supervision of the waterfront.\n 5-e. Places of public assembly on-site epinephrine devices.\n (a) Notwithstanding the provisions of paragraph (r) of subdivision\nfive of this section and section three thousand-c of this chapter, the\nsanitary code shall provide that each place of public assembly as\nspecified in this section shall be required to maintain and make\navailable on-site epinephrine devices, as defined in paragraph (b) of\nsubdivision one of section three thousand-c of this chapter, in\nquantities and types deemed by the commissioner to be adequate to ensure\nready and appropriate access for use during emergencies.\n (b) Whenever places of public assembly are used for public or private\nsponsored events or activities the owners, operators and administrators\nresponsible for such place of public assembly shall ensure the presence\nof at least one staff person or volunteer who is trained, pursuant to\nparagraph (c) of subdivision two of section three thousand-c of this\nchapter, in the operation and use of an epinephrine device.\n (c) For the purposes of this subdivision, "places of public assembly"\nshall mean those with an occupancy capacity of at least one thousand\npeople and shall include: (i) all stadiums, ballparks, gymnasiums, field\nhouses, arenas, civic centers and similar facilities used for the\nconduct of sporting events; and (ii) concert halls, recital halls,\ntheatres, indoor and outdoor amphitheaters or other auditoriums used for\nthe presentation of musical renditions or concerts. Places of public\nassembly shall not include halls owned by churches, religious\norganizations, granges, public associations, or free libraries as\ndefined by section two hundred fifty-three of the education law.\n (d) Places of public assembly and staff pursuant to paragraphs (a) and\n(b) of this subdivision shall be subject to the requirements and\nlimitations of section three thousand-c of this chapter.\n (e) Pursuant to sections three thousand-a and three thousand-c of this\nchapter, any public access epinephrine device provider, or any employee\nor other agent of the provider who, in accordance with the provisions of\nthis section, voluntarily and without expectation of monetary\ncompensation renders emergency medical or first aid treatment using an\nepinephrine device which has been made available pursuant to this\nsection, to a person who is unconscious, ill or injured, shall be liable\nonly pursuant to section three thousand-a of this chapter.\n (f) Nothing in this subdivision shall be construed to prohibit a\npolitical subdivision of the state from continuing to implement and\nenforce any local law or regulation related to the placement of\nepinephrine devices in places of public assembly as defined in this\nsubdivision, in effect prior to the effective date of this subdivision.\nWhere a political subdivision has a local law in effect prior to the\neffective date of this subdivision, the provisions of this subdivision\nshall have no force and effect until such time as the political\nsubdivision repeals its local law.\n (g) (i) Operation of an epinephrine device pursuant to this section\nshall be considered first aid or emergency treatment for the purpose of\nany statute relating to liability.\n (ii) Operation of an epinephrine device pursuant to this section shall\nnot constitute the unlawful practice of a profession under title eight\nof the education law.\n 6. The public health council shall, no later than January first,\nnineteen hundred seventy-four, prescribe standards and establish\nregulations for summer day and children's camps which derive all water\nfrom a public water supply system and all sewage therefrom is discharged\nto a public sewer system. Such standards and regulations shall include\nprovisions with respect to: operators, counsellors, living and sleeping\nquarters, food service facilities, recreational quarters and facilities,\noccupancy of living and sleeping quarters, and other facilities,\nprotection from fire hazards, safety of arts and crafts and recreational\nequipment, boating safety, emergency health services, water supply and\nsewage facilities, refuse storage and disposal facilities, and such\nother matters as may be appropriate for protection and security of life\nor health. For purposes of this subdivision, the terms, a "summer day\ncamp" and a "children's camp" shall have the same definition as appears\nfor those terms in the sanitary code.\n 7. The public health council shall, no later than January first,\nnineteen hundred seventy-four, prescribe standards and establish\nregulations for motels and hotels, as those terms are defined in the\nsanitary code and which derive all water from a public water supply\nsystem and all sewage therefrom is discharged to a public sewer system.\nSuch standards and regulations shall include provisions with respect to:\nliving and sleeping quarters, food service facilities, occupancy of\nliving and sleeping quarters, and other facilities, protection from fire\nhazards, water supply and sewage facilities, refuse storage and disposal\nfacilities, and such other matters as may be appropriate for protection\nand security of life or health, provided, however, that the provisions\nof this section shall not apply in cities having a population of one\nhundred twenty-five thousand or more.\n 8. The sanitary code shall delineate specific procedures for public\nnotification of public health hazards to be used by public water\nsuppliers. Such procedures shall include notification of the\nmunicipality wherein the public water system is located and the police\ndepartment serving such municipality.\n 9. Notwithstanding the provisions of any general, special or local law\nto the contrary, in cities having a population of one million or more,\nthe sanitary code shall provide that any installation, service,\nmaintenance, testing, repair or modification of a backflow prevention\ndevice or any related work shall be performed in conformance with the\nplumbing code of any such city. All employees of a licensed plumber who\nperform testing of backflow prevention devices shall satisfactorily\ncomplete an approved course in backflow prevention device testing.\nNothing in this subdivision shall require the commissioner to certify\nthe completion of such approved course by such employees. For the\npurposes of this subdivision, "backflow prevention device" means an\nacceptable air gap, reduced pressure zone device, double check valve\nassembly or equivalent protective device acceptable to the commissioner\nthat is designed to prevent or contain potential contamination of a\npublic water system by means of cross-connection control.\n 10. Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the sanitary code of the state of New York shall\nprovide that in any county, city having a population of less than one\nmillion, town or village having a plumbing code, the installation,\nservice, maintenance, testing, repair or modification of a backflow\nprevention device or any related work shall be performed in accordance\nwith such plumbing code. A person licensed under such plumbing code and\nany of his employees who perform testing of backflow prevention devices\nshall satisfactorily complete a course in backflow prevention device\ntesting that has been approved by the department. Nothing in this\nsubdivision shall require the commissioner to certify the completion of\nsuch approved course by such licensee or employees. For the purposes of\nthis subdivision, "backflow prevention device" means an acceptable air\ngap, reduced pressure zone device, double check valve assembly or\nequivalent protective device acceptable to the commissioner that is\ndesigned to prevent or contain potential contamination of a public water\nsystem by means of cross-connection control.\n 11. The public health council, in consultation with the superintendent\nof financial services, shall, no later than March thirty-first, nineteen\nhundred ninety-three, report to the governor and the legislature\nregarding the efficacy of developing wellness incentives that could be\nused to allow premium reductions for certain individuals from\nestablished community rates in the individual and small group health\ninsurance markets. Wellness incentives to be considered shall include,\nbut not be limited to, smoking status, physical fitness activities,\nfrequency of physician fitness evaluations and dietary habits. The\ncouncil shall consider the effects of such wellness incentives on the\nindividual and small group health insurance markets and on the health\nstatus of the population as a whole.\n 12. Notwithstanding the provisions of any general, special or local\nlaw to the contrary, a charitable or not-for-profit organization shall\nnot be in violation of this chapter or any rule or regulation\nthereunder, including the sanitary code, for the possession,\npreparation, distribution or service of game or wild game, donated\npursuant to section 11-0917 of the environmental conservation law. Game\nor wild game means any deer or big game, or portions thereof, as defined\nin section 11-0103 of the environmental conservation law, taken by\nlawful hunting.\n