§ 347 — County or part-county boards of health; powers and duties; rules and regulations

New York § 347

• Jurisdiction: New York
• Law PBH: Public Health
• Title 3: County and Part-county Health Districts
• Art. 3: Local Health Organization

Text

§ 347. County or part-county boards of health; powers and duties;\nrules and regulations. 1. Upon the establishment of a board of health\nfor a county or part-county health district as provided in this article,\nit shall exercise all the powers and perform all duties of local boards\nof health as provided in this chapter, and such board of health may\nformulate, promulgate, adopt and publish rules, regulations, orders and\ndirections for the security of life and health in the health district\nwhich shall not be inconsistent with the provisions of this chapter and\nthe sanitary code. Such rules, regulations, orders and directions shall\nbe known as the sanitary code of such district.\n a. Every rule, regulation, order and direction adopted by a board of\nhealth or a county officer or body exercising the rule-making functions\nof a board of health shall state the date on which it takes effect and a\ncopy thereof signed by the county health commissioner or his deputy or\nsuch county officer or the elective or appointive chief executive\nofficer of such county body exercising the rule-making functions of a\nboard of health shall be filed as a public record in the department, in\nthe county or part-county department of health and in the office of the\ncounty clerk and shall be published in such manner as the board of\nhealth or such county officer or body exercising the rule-making\nfunctions of a board of health may from time to time determine. No such\nrule, regulation, order or direction shall be effective prior to filing\nas a public record in the department.\n b. The county health commissioner or his deputy shall furnish\ncertified copies of the sanitary code of the health district and its\namendments for a fee of one dollar.\n c. Nothing herein contained shall be construed to restrict the power\nof any county, city, town or village to adopt and enforce additional\nordinances or enforce existing ordinances relating to health and\nsanitation provided that such ordinances are not inconsistent with the\nprovisions of this chapter or the sanitary code.\n 2. The board of health of a county or part-county health district is\nhereby authorized to enter into contracts with one or more counties for\nmutual aid in the delivery of health services, including but not limited\nto public health emergency responses such as disease surveillance, mass\nimmunization programs, mass antibiotic distribution, and handling of\nmass casualties, provided approval of such contracts by the legislative\nbody of each county and of the commissioner is obtained. Each county or\npart-county health district shall be liable for acts or omissions of its\nemployees or agents when acting pursuant to such a contract in the same\nmanner and to the same extent as if such acts or omissions occurred\nwithin the county or part-county health district; and such employees or\nagents shall have immunities and privileges for their acts or omissions\nwhen acting pursuant to such a contract in the same manner and to the\nsame extent as if such acts or omissions occurred within the county or\npart-county health district; except that such a contract may apportion\nliability otherwise between or among the county or part-county health\ndistricts.\n 3. Except as provided in the provisions of article thirteen-E of this\nchapter, a board of health of a county health district shall exercise\nall the powers and perform all duties relative to the enforcement of\narticle thirteen-E of this chapter pursuant to rules and regulations\npromulgated by the commissioner.\n