GA Code § 31-3-5 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 3 - County Boards of Health|§ 31-3-5. Functions

  Subject to the provisions of Code Section 31-2A-11 and subsection (b) of this Code section, each county board of health shall have and discharge, within its jurisdiction, subject to any valid local Act which shall remain in force and effect, the following functions:   To determine the health needs and resources of its jurisdiction by research and by collection, analysis, and evaluation of all data pertaining to the health of the community;   To develop, in cooperation with the department, programs, activities, and facilities responsive to the needs of its area;   To secure compliance with the rules and regulations of the department that have local application; and   To enforce, or cause enforcement of, all laws pertaining to health unless the responsibility for the enforcement of such laws is that of another agency.     Each county board of health shall have the power and duty to adopt regulations providing standards and requirements governing the installation of on-site sewage management systems within the incorporated and unincorporated area of the county, subject to the provisions of Code Section 31-2A-11, any rules and regulations promulgated under Code Section 31-2A-11, and subsection (d) of this Code section. Such regulations shall include and be limited to the following:   Specifying the locations within the incorporated and unincorporated area of the county where on-site sewage management systems may be installed;   Specifying the minimum lot size or land area which may be served by an on-site sewage management system based on scientific data regarding on-site sewage management systems;   Specifying the types of residences, buildings, or facilities which may be served by on-site sewage management systems;   Issuing permits for the installation of on-site sewage management systems prior to such installation;   Inspecting on-site sewage management system installations prior to the completion of the installation; and   Providing for ongoing maintenance of such systems, except for nonmechanical residential sewage management systems.     Nothing in this Code section or in Code Section 31-3-5.1 shall limit the power of a county or municipal governing authority to exercise its zoning powers or to establish minimum lot sizes larger than the minimum lot sizes specified pursuant to subsection (b) of this Code section.     Any person may register with the department to conduct soil investigations and prepare soil reports of a site within the state for an on-site sewage management system who meets any one of the following criteria:   Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this subsection;   Holds a valid certificate of registration as a professional engineer issued pursuant to Chapter 15 of Title 43 and is practicing within his or her area of engineering competency;   Holds a valid certificate of registration as a registered geologist issued pursuant to Chapter 19 of Title 43 and is practicing within his or her area of geologic competency; or   Is a soil and water conservation technician as defined in subparagraph (A) of paragraph (3) of this subsection.     Upon the submission of an evaluation of the suitability of a site within the state for an on-site sewage management system by such a person who is registered with the department, the county board of health shall be required to accept the evaluation unless such evaluation is found by the county board of health to be deficient or questionable. If the county board of health finds such evaluation to be deficient or questionable, the board shall, within three working days of making such finding, issue a written determination stating all deficiencies and all measures needed to correct the deficiencies. A copy of this determination shall be provided to the state director of environmental health.   As used in this subsection, the term:   "Soil and water conservation technician" means a person employed as a soil and water conservation technician by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2.   "Soil classifier" means a person who:   Holds at least a bachelor of science degree from an accredited college or university with a major in soil science or a related field of science. This degree shall include 30 semester credit hours or equivalent quarter credit hours in the biological, physical, chemical, and earth sciences with a minimum of 15 semester credit hours or equivalent quarter hours in soil science courses meeting the following distribution:     A minimum of one course in soil classification, morphology, genesis, and mapping; and   The remaining soil science credits must be in at least three of the following eight categories: introductory soil science; soil fertility; soil microbiology; soil chemistry; soil physics; soil management, soils and land use, or soils and the environment; soil mineralogy; or a three credit maximum in independent study, geology, or hydrology; and   Has at least four years of verifiable full-time or equivalent part-time experience under the supervision of a soil classifier who has met the education and experience requirements provided in this subparagraph. Such experience must be obtained after meeting all educational requirements defined in this subparagraph and must have been spent actively mapping, identifying, and classifying soil features and interpreting the influence of soil features on soil uses including, but not limited to, conducting soil investigations for determining the suitability of sites for on-site sewage management systems as approved by the department's soil classifiers advisory committee; and   Has successfully passed a written examination pertaining to site investigations for on-site sewage management systems administered or approved by the department.          (Code 1933, § 88-203, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1985, p. 149, § 31; Ga. L. 1997, p. 708, § 2; Ga. L. 2000, p. 549, § 1; Ga. L. 2003, p. 302, § 1; Ga. L. 2009, p. 453, § 1-10/HB 228; Ga. L. 2011, p. 705, § 3-3/HB 214.)   Cross references.   - Powers and duties of county boards of health with regard to providing of mental health and developmental disabilities services, T. 37, C. 2.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2000, subparagraphs (d)(1)(A) and (d)(1)(B) (now subparagraphs (d)(3)(A) and (d)(3)(B)) were placed in alphabetical order.   Law reviews.   - For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 147 (2011).   JUDICIAL DECISIONS   County not "employer" within meaning of federal civil rights statute.   - Position of mental health center service coordinator at a county health department is created by the State of Georgia and is governed by the Georgia State Merit System of Personnel Administration for the Georgia Department of Human Resources (now the Department of Community Health for these purposes) with respect to the terms and conditions of employment, including hiring, termination, promotion, demotion, and wage rates. A fortiori, the county is not an "employer" within the meaning of Title VII of the federal Civil Rights Act of 1964. Lewis v. DeKalb County, 569 F. Supp. 11 (N.D. Ga. 1983).    Cited in In re Carter, 288 Ga. App. 276, 653 S.E.2d 860 (2007).   OPINIONS OF THE ATTORNEY GENERAL   Power to implement and enforce state health laws and regulations vested in county boards.   - While county and district health agencies have enforcement responsibilities for state health laws and implementing regulations of Department of Human Resources (now the Department of Community Health for these purposes), the department itself has no direct statutory power over manner in which enforcement responsibility is met; instead that power is vested in county board of health. 1974 Op. Att'y Gen. No. 74-19.   Boards authorized to serve patients.   - County boards of health clearly are created for public health purposes and the boards have authority to serve patients among other activities. 1987 Op. Att'y Gen. No. U87-19.   Criteria for determining appointing authority for position.   - In determining whether commissioner, Department of Human Resources, or district health director is appointing authority for any particular employee, it is necessary to consider the source of creation and funding of the position in question. 1974 Op. Att'y Gen. No. 74-89.   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Health, § 10 et seq.   C.J.S.   - 39A C.J.S., Health and Environment, § 10.