NY Pub Health L § 225 (2021)
2021 New York Laws PBH - Public Health Article 2 - The Department of Health Title 2 - The Public Health Council 225 - Public Health and Health Planning Council; Powers and Duties; Sanitary Code.

§  225.  Public health and health planning council; powers and duties; sanitary code. 1. The public health and health planning  council  shall, at  the request of the commissioner, consider any matter relating to the preservation and improvement  of  public  health,  and  may  advise  the commissioner  thereon;  and  it  may,  from  time to time, submit to the commissioner, any  recommendations  relating  to  the  preservation  and improvement of public health.   2.  The public health and health planning council shall appoint one or more advisory committees expert in the  major  areas  of  public  health concern, including but not limited to health education, health manpower, economics  and  delivery  of  health  service,  sanitation  problems and interprofessional relationships. Members of advisory committees need not be members of the public health and health planning council.   3. The public  health  and  health  planning  council  shall  have  no executive,  administrative  or  appointive  duties  except  as otherwise provided by law.   4. The public health and health planning council shall have  power  by the affirmative vote of a majority of its members to establish, and from time  to time, amend and repeal sanitary regulations, to be known as the sanitary code of the state of New  York,  subject  to  approval  by  the commissioner.   5. The sanitary code may:  (a)  deal with any matters affecting the security of life or health or the preservation and improvement of public health in the  state  of  New York,  and  with  any  matters as to which the jurisdiction is conferred upon the public health and health planning council;  (b) prescribe the qualifications of public  health  personnel  of  the department,  directors  of  divisions,  regional health directors, state district health officers, local  health  officers;  directors  or  other persons in charge of laboratories; county and city health commissioners, deputy  and assistant county or city health commissioners; public health administrators; county health directors and deputy and assistant  county health  directors; directors of county physically handicapped children's programs; directors of medical care (local assistance programs);  public health   nurses;   public  health  physical  therapists;  public  health educators; nurse-midwives; medical social workers; public health  social workers;   radiation   safety   officers;  sanitary  and  public  health engineers,   sanitarians,    sanitary    inspectors;    public    health veterinarians;  operators  of  public  water  treatment and purification plants; and the qualifications of persons not paid from public funds and who are appointed and employed after  January  first,  nineteen  hundred forty-seven,  as  operators  of  water  treatment or purification plants owned or operated by water companies, corporations or  by  a  person  or group  of  persons  serving  the  general public residing in a political subdivision or any part thereof;  (c) establish regulations for the promotion of health in  any  or  all Indian reservations;  (e)  establish  regulations  for  the  maintenance  of  hospitals  for communicable diseases;  (f) prescribe standards of efficiency for  such  laboratories  as  are under  contract  with  the commissioner for the examination of specimens received  from  local  health  officers  or   physicians   for   routine examinations and analyses;  (g)  set forth the diseases for which specimens shall be submitted for examination to a laboratory approved by the department.  (h) designate the communicable diseases which  are  dangerous  to  the public health;  (i)  set  forth the nature of the information required to be furnished by every physician in his notice to  the  department  of  each  case  of communicable disease.  (j)  establish regulations in respect to contact or communication with or use of infected premises, places or things and prescribe  the  method or methods for the purification and cleansing of the same before general intercourse  with the said premises, places or things, or use thereof is allowed;  (k) establish regulations defining the methods and precautions  to  be observed  in  disinfecting,  cleansing or renovating premises vacated by persons suffering from a communicable disease;  (l) prescribe the qualifications that shall be possessed by persons in charge of diagnostic clinical laboratories as provided by the  workmen's compensation law;  (m) require that application be made for a permit to operate a farm or food  processing  labor  camp as defined in the sanitary code; authorize appropriate officers or  agencies  to  issue  such  a  permit  when  the applicant  is  in compliance with the established regulations; prescribe standards for living quarters at farm and food processing  labor  camps, including  provisions  for  sanitary conditions; light, air, and safety; protection from fire hazards; maintenance; and such other matters as may be appropriate for security of life or health,  provided  however,  that the  provisions  of  the  sanitary  code  established  pursuant  to  the provisions hereof shall apply to all  farm  and  food  processing  labor camps  intended  to house migrant workers and which are occupied. In the preparation of such regulations, the public health and  health  planning council  may  request  and  shall  receive technical assistance from the board of standards and appeals of the state department of labor and  the state building code commission. Such regulation shall be enforced in the same manner as are other provisions of the sanitary code;  (n)  prescribe  the qualifications of occupational therapists employed in public general hospitals and  tuberculosis  hospitals  and  sanitoria maintained pursuant to the general municipal law;  (o)  require  that  application  be  made  for  a  permit to operate a temporary residence as defined in the  sanitary  code,  or  to  hold  or promote  by advertising or otherwise a mass gathering which is likely to attract five thousand people or more and continue for twenty-four  hours or  more  and authorize appropriate officers or agencies to issue such a permit  when  the  applicant  is  in  compliance  with  the  established regulations  and  when  it  appears that such temporary residence can be operated or such gathering held without hazard  to  health  and  safety; establish  regulations  with  respect to such gatherings to provide for: the furnishing of adequate undertakings to secure full  compliance  with the  sanitary  code  and other applicable law, adequate and satisfactory water supply and sewerage facilities, adequate drainage, adequate toilet and  lavatory  facilities,  adequate   refuse   storage   and   disposal facilities,  adequate  sleeping areas and facilities, wholesome food and sanitary food service, adequate medical facilities, insect  and  noxious weed control, adequate fire protection, and such other matters as may be appropriate   for   security  of  life  or  health.  In  his  review  of applications for  permits  for  the  holding  or  promoting  of  such  a gathering   the   permit-issuing   official   may  require  such  plans, specifications and reports as he  shall  deem  necessary  for  a  proper review,  and  in his review of such applications, as well as in carrying out his other duties and functions in connection with such a  gathering, the  permit-issuing  official  may  request  and  shall receive from all public officers, departments and agencies of the state and its political  subdivisions such cooperation and assistance as  may  be  necessary  and proper;  (p)  establish  regulations  in  respect  to  ionizing  radiation  and nonionizing electromagnetic radiation  except  in  relation  to  special nuclear  materials  in quantities sufficient to form a critical mass and excluding the handling  and  disposal  of  radioactive  wastes  and  the release  of  radioactivity  to  the  environment  regulated by the state department of environmental conservation. Such regulations  may  require the posting of a bond or other security;  (q)  authorize  appropriate officers or agencies to register radiation installations as defined in the sanitary code, issue  licenses  for  the transfer,  receipt,  possession  and use of radioactive materials, other than special nuclear  materials  in  quantities  sufficient  to  form  a critical  mass,  render  such  inspection and other radiation protection services as may be necessary in the interest of  public  health,  safety and  welfare,  charge  registration  fees  not to exceed a rate of fifty dollars per installation per annum and, subject to the approval  of  the commissioner and, in the case of charges by the department, the director of  the  budget,  charge  adequate  and  reasonable  fees for licensing, inspection and other radiation protection  services  not  exceeding  the estimated  costs of such services, except that, with the approval of the commissioner, one or more services may be rendered without any charge.  (r) establish regulations in respect to emergency  medical  treatment, equipment  and  services  at public functions likely to attract 5,000 or more people, taking into consideration, differences in  type,  size  and duration  of  function,  composition  of audience, and accessibility and adequacy of emergency health facilities in the vicinity.  (s) require that application be made for a permit to  manufacture  for sale  at  retail  frozen  desserts  as  defined  in  the  sanitary code; authorize appropriate officers or agencies to issue such a permit for  a fee of twenty-five dollars per annum.  (t)   facilitate  epidemiological  research  into  the  prevention  of environmental  diseases,  by  establishing  regulations  designating  as environmentally  related  diseases  those pathological conditions of the body or mind resulting from contact with toxins, mutagens or  teratogens in  solid,  liquid or gaseous form, or in the form of ionizing radiation or nonionizing electromagnetic radiation, and by requiring the reporting of such diseases or suspected cases of such diseases to  the  department by   physicians,  medical  facilities  and  clinical  laboratories.  Any information provided to the  department  pursuant  to  such  regulations shall  be  in  the  form  required  by the department, and shall be kept confidential and used by the commissioner pursuant to the provisions  of paragraph  (j)  of  subdivision  one  of section two hundred six of this chapter,  and  other  applicable  laws  relating  to  the   confidential treatment  of  patient  and medical data, except that the department may share identifying or other information with a  local  health  department when,  and  only  to  the  extent  that,  the department determines this information is necessary to protect public health  against  the  hazards associated  with  exposure  to  the material. Data shared with the local health department shall not be further disclosed and shall be  otherwise subject   to  the  confidentiality  requirements  of  paragraph  (j)  of subdivision one of section two hundred six of this chapter and any other applicable laws related to the confidential  treatment  of  patient  and medical data.  (u)  (i)  require  bacteriological  testing  of  bottled water sold or distributed  for  use  in  this  state.  Such   code   shall   establish requirements  for  sampling  at  regular  time  intervals  and in number  proportionate to the frequency of production days and the  total  volume of bottled water sold or distributed for use in this state.  (ii)  require  physical,  inorganic  chemical,  organic  chemical  and radiological testing of bottled water. Such testing  requirements  shall meet  or exceed the required parameters and frequencies for public water supplies. Testing for organic and inorganic  chemicals  shall  occur  at least  annually.  Testing  for radiological content shall occur at least annually. Such testing shall be conducted on source  water  and  bottled water  product.  The  department shall designate a quarterly period when such annual tests will be conducted. Samples for such testing  shall  be taken  on  each  production  line  and  tested  in  labs approved by the department. Lab reports  generated  from  such  testing  shall  be  sent directly to the department.  (iii)  establish a procedure by which purveyors of bottled water shall certify, to the department, that their bottled water complies  with  the organic,  inorganic,  radiological  and  other  water  content standards established pursuant to  this  section.  Such  certifications  shall  be submitted  to  the  department  in accordance with the testing schedules indicated in subparagraph (ii) of this paragraph, for source  water  and bottled  water  product.  The  department  shall at least on a quarterly basis compare random shelf samples of each product line of bottled water and test them for compliance with the standards established pursuant  to this  section. If the findings of the random sampling comparison fail to comply with the standards established for bottled water pursuant to this section, the purveyor shall be subject to the penalties and sanctions of this chapter.  (iv) require purveyors  who  provide  sodium  content  information  on bottled water labels to numerically indicate in a manner consistent with federal law and regulation the sodium content of bottled water on labels affixed to bottled water.  (v)  require  purveyors  to  indicate,  clearly and conspicuously, the bottling date by day, month and year on labels affixed to bottled water.  (vi) require the department of health to give public  notice  of,  and make  available  to  retailers  of  bottled water, the annual listing of certified bottled water purveyors that  indicates  only  such  certified waters may be lawfully sold. If within the annual notification cycle any purveyor is decertified, the department shall give public notice of such decertification.  The  department  shall  maintain and make available an updated list of certified purveyors for retailers.  (v)  provide  for  the  issuance  of  variances   and   waivers   from requirements  for  providing  lifeguards  at  swimming pools and bathing beaches that are part of temporary residences. The  code  shall  provide that  variances and waivers shall not expire upon change in ownership of the facility.   5-a. The sanitary code shall  provide  for  the  supervision  of  surf beaches  customarily  used  for  swimming  or bathing which are owned or operated by a  homeowners  association  by  persons  qualified  as  surf lifeguards according to standards for public surf beaches established in such  code.    For  purposes of this subdivision, "surf beaches owned or operated by homeowner associations" shall include bathing beaches  owned and  operated  by  a  condominium  which  is property subject to article nine-B of the real property law; a cooperative, in which the property is owned or leased by a corporation, the stockholders of which are entitled to use the bathing beach solely by reason of their ownership of stock in the corporation and occupy apartments for dwelling purposes, provided an "offering statement" or "prospectus" has been filed with the  department of  law;  or  an incorporated or unincorporated property association, by which all members  own  residential  property  in  a  fixed  or  defined  geographical  area  with  deeded  rights to use, with similarly situated owners, a defined bathing beach.   5-b.  Places  of  public  assembly  on-site cardiac automated external defibrillator.  (a) Notwithstanding the provisions of  paragraph  (r)  of  subdivision five of this section, the sanitary code shall provide that each place of public  assembly  shall  provide and maintain on-site automated external defibrillators (AED), as defined in paragraph (a) of subdivision one  of section three thousand-b of this chapter, in quantities and types deemed by  the  commissioner  to  be  adequate  to ensure ready and appropriate access for use during emergencies.  (b) Whenever places of public assembly are used for public or  private sponsored  events or activities the owners, operators and administrators responsible for such place of public assembly shall ensure the  presence of  at  least  one staff person or volunteer who is trained, pursuant to paragraph (a) of subdivision three of section three thousand-b  of  this chapter, in the operation and use of an AED.  (c)  For  the  purposes  of this subdivision places of public assembly shall be those with an occupancy  capacity  of  at  least  one  thousand people and shall include: (i) all stadiums, ballparks, gymnasiums, field houses,  arenas,  civic  centers  and  similar  facilities  used for the conduct of sporting events;  and  (ii)  concert  halls,  recital  halls, theatres, indoor and outdoor amphitheatres or other auditoriums used for the  presentation  of  musical  renditions or concerts. Places of public assembly  shall  not  include  halls  owned   by   churches,   religious organizations,  granges,  public  associations,  or  free  libraries  as defined by section two hundred fifty-three of the education law.  (d) Places of public assembly and staff pursuant to paragraphs (a) and (b) of this  subdivision  shall  be  subject  to  the  requirements  and limitations of section three thousand-b of this chapter.  (e) Pursuant to sections three thousand-a and three thousand-b of this chapter,  any  public access defibrillation provider, or any employee or other agent of the provider who, in accordance with  the  provisions  of this   section,   voluntarily   and   without  expectation  of  monetary compensation renders emergency medical or first aid treatment  using  an AED  which has been made available pursuant to this section, to a person who is unconscious, ill or injured, shall be  liable  only  pursuant  to section three thousand-a of this chapter.  (f)  Nothing  in  this  subdivision  shall  be construed to prohibit a political subdivision of the state  from  continuing  to  implement  and enforce  any  local  law  or  regulation  related  to  the  placement of automated external  defibrillators  in  places  of  public  assembly  as defined  in  this  subdivision, in effect prior to the effective date of this subdivision. Where a political  subdivision  has  a  local  law  in effect  prior  to the effective date of this subdivision, the provisions of this subdivision shall have no force and effect until  such  time  as the political subdivision repeals its local law.   5-c.  Notwithstanding  the  provisions of paragraph (r) of subdivision five of this section, the sanitary code shall:  (a) provide that any public or private surf beach or swimming facility which is required by any other provision of law to be  supervised  by  a surf  lifeguard qualified according to the standards of such code, shall provide and maintain  on-site  automated  external  defibrillator  (AED) equipment,  as  defined  in  paragraph (a) of subdivision one of section three thousand-b of this chapter. Such  swimming  facilities  and  staff shall  be  subject  to the requirements and limitations of section three thousand-b of this chapter.  (b) provide that at least one lifeguard trained pursuant to  paragraph (a)  of subdivision three of section three thousand-b of this chapter in the operation and use of an AED shall be present during all  periods  of required supervision.   6.  The  public  health  council  shall,  no later than January first, nineteen  hundred  seventy-four,  prescribe  standards   and   establish regulations  for  summer day and children's camps which derive all water from a public water supply system and all sewage therefrom is discharged to a public sewer system. Such standards and regulations  shall  include provisions  with respect to: operators, counsellors, living and sleeping quarters, food service facilities, recreational quarters and facilities, occupancy  of  living  and  sleeping  quarters,  and  other  facilities, protection from fire hazards, safety of arts and crafts and recreational equipment,  boating  safety, emergency health services, water supply and sewage facilities, refuse storage  and  disposal  facilities,  and  such other  matters as may be appropriate for protection and security of life or health. For purposes of this subdivision, the terms,  a  "summer  day camp"  and a "children's camp" shall have the same definition as appears for those terms in the sanitary code.   7. The public health council  shall,  no  later  than  January  first, nineteen   hundred   seventy-four,  prescribe  standards  and  establish regulations for motels and hotels, as those terms  are  defined  in  the sanitary  code  and  which  derive  all water from a public water supply system and all sewage therefrom is discharged to a public sewer  system. Such standards and regulations shall include provisions with respect to: living  and  sleeping  quarters,  food  service facilities, occupancy of living and sleeping quarters, and other facilities, protection from fire hazards, water supply and sewage facilities, refuse storage and disposal facilities, and such other matters as may be appropriate for  protection and  security  of life or health, provided, however, that the provisions of this section shall not apply in cities having  a  population  of  one hundred twenty-five thousand or more.   8.  The  sanitary  code shall delineate specific procedures for public notification of public  health  hazards  to  be  used  by  public  water suppliers.   Such   procedures   shall   include   notification  of  the municipality wherein the public water system is located and  the  police department serving such municipality.   9. Notwithstanding the provisions of any general, special or local law to  the  contrary, in cities having a population of one million or more, the  sanitary  code  shall  provide  that  any  installation,   service, maintenance,  testing,  repair  or modification of a backflow prevention device or any related work shall be performed in  conformance  with  the plumbing  code of any such city. All employees of a licensed plumber who perform testing of  backflow  prevention  devices  shall  satisfactorily complete  an  approved  course  in  backflow  prevention device testing. Nothing in this subdivision shall require the  commissioner  to  certify the  completion  of  such  approved  course  by  such employees. For the purposes of this subdivision,  "backflow  prevention  device"  means  an acceptable  air  gap,  reduced  pressure zone device, double check valve assembly or equivalent protective device acceptable to the  commissioner that  is  designed  to  prevent  or contain potential contamination of a public water system by means of cross-connection control.   10. Notwithstanding the provisions of any general,  special  or  local law  to  the  contrary, the sanitary code of the state of New York shall provide that in any county, city having a population of  less  than  one million,  town  or  village  having  a  plumbing code, the installation, service, maintenance, testing, repair  or  modification  of  a  backflow prevention  device  or any related work shall be performed in accordance  with such plumbing code. A person licensed under such plumbing code  and any  of his employees who perform testing of backflow prevention devices shall satisfactorily complete a course  in  backflow  prevention  device testing  that  has  been  approved  by  the  department. Nothing in this subdivision shall require the commissioner to certify the completion  of such  approved course by such licensee or employees. For the purposes of this subdivision, "backflow prevention device" means an  acceptable  air gap,  reduced  pressure  zone  device,  double  check  valve assembly or equivalent protective device acceptable  to  the  commissioner  that  is designed to prevent or contain potential contamination of a public water system by means of cross-connection control.   11. The public health council, in consultation with the superintendent of financial services, shall, no later than March thirty-first, nineteen hundred  ninety-three,  report  to  the  governor  and  the  legislature regarding the efficacy of developing wellness incentives that  could  be used   to   allow   premium  reductions  for  certain  individuals  from established community rates in the individual  and  small  group  health insurance  markets.  Wellness incentives to be considered shall include, but not be limited to,  smoking  status,  physical  fitness  activities, frequency  of  physician  fitness  evaluations  and  dietary habits. The council shall consider the effects of such wellness  incentives  on  the individual  and  small  group health insurance markets and on the health status of the population as a whole.   12. Notwithstanding the provisions of any general,  special  or  local law  to  the contrary, a charitable or not-for-profit organization shall not  be  in  violation  of  this  chapter  or  any  rule  or  regulation thereunder,   including   the   sanitary   code,   for  the  possession, preparation, distribution or service  of  game  or  wild  game,  donated pursuant  to section 11-0917 of the environmental conservation law. Game or wild game means any deer or big game, or portions thereof, as defined in section 11-0103 of  the  environmental  conservation  law,  taken  by lawful hunting.