2023 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.
5-d. The state sanitary code shall:
(a)  require  that  all  lifeguards  employed at children's overnight,
summer day, and travelling  summer  day  camps  as  defined  in  section
thirteen   hundred  ninety-two  of  this  chapter,  meet  the  following
qualifications:
(i) be at least seventeen years of age, except:
(A) a maximum of  fifty  percent  of  the  required  total  number  of
lifeguards  on  duty  may be at least fifteen years of age provided they
are under the supervision of a camp aquatics  director  as  required  by
part seven of the state sanitary code; and
(B)  lifeguards  required  for  wilderness  swimming  must be at least
eighteen years of age; and
(ii) meet lifeguarding, first aid and CPR  certification  requirements
for  minimum  lifeguard  supervision levels as required in parts six and
seven of the state sanitary code; and
(b) require all qualified lifeguards while on duty at  the  waterfront
to  not  be engaged in duties or activities which distract them from the
direct supervision of the waterfront.
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.