N.Y.
Public Health Law Section 347
County or part-county boards of health
- powers and duties
- rules and regulations
1.
Upon the establishment of a board of health for a county or part-county health district as provided in this article, it shall exercise all the powers and perform all duties of local boards of health as provided in this chapter, and such board of health may formulate, promulgate, adopt and publish rules, regulations, orders and directions for the security of life and health in the health district which shall not be inconsistent with the provisions of this chapter and the sanitary code. Such rules, regulations, orders and directions shall be known as the sanitary code of such district.a.
Every rule, regulation, order and direction adopted by a board of health or a county officer or body exercising the rule-making functions of a board of health shall state the date on which it takes effect and a copy thereof signed by the county health commissioner or his deputy or such county officer or the elective or appointive chief executive officer of such county body exercising the rule-making functions of a board of health shall be filed as a public record in the department, in the county or part-county department of health and in the office of the county clerk and shall be published in such manner as the board of health or such county officer or body exercising the rule-making functions of a board of health may from time to time determine. No such rule, regulation, order or direction shall be effective prior to filing as a public record in the department.b.
The county health commissioner or his deputy shall furnish certified copies of the sanitary code of the health district and its amendments for a fee of one dollar.c.
Nothing herein contained shall be construed to restrict the power of any county, city, town or village to adopt and enforce additional ordinances or enforce existing ordinances relating to health and sanitation provided that such ordinances are not inconsistent with the provisions of this chapter or the sanitary code.2.
The board of health of a county or part-county health district is hereby authorized to enter into contracts with one or more counties for mutual aid in the delivery of health services, including but not limited to public health emergency responses such as disease surveillance, mass immunization programs, mass antibiotic distribution, and handling of mass casualties, provided approval of such contracts by the legislative body of each county and of the commissioner is obtained. Each county or part-county health district shall be liable for acts or omissions of its employees or agents when acting pursuant to such a contract in the same manner and to the same extent as if such acts or omissions occurred within the county or part-county health district; and such employees or agents shall have immunities and privileges for their acts or omissions when acting pursuant to such a contract in the same manner and to the same extent as if such acts or omissions occurred within the county or part-county health district; except that such a contract may apportion liability otherwise between or among the county or part-county health districts.3.
Except as provided in the provisions of article 13-E (Regulation of Smoking and Vaping In Certain Public Areas)article thirteen-E of this chapter, a board of health of a county health district shall exercise all the powers and perform all duties relative to the enforcement of article 13-E (Regulation of Smoking and Vaping In Certain Public Areas)article thirteen-E of this chapter pursuant to rules and regulations promulgated by the commissioner.
Source:
Section 347 — County or part-county boards of health; powers and duties; rules and regulations, https://www.nysenate.gov/legislation/laws/PBH/347 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
