225 - Public health and health planning council; powers and duties; sanitary code.

§ 225. * Public health council; powers and duties; sanitary code.    * NB Effective until December 1, 2010    * Public  health  and  health  planning  council;  powers  and duties;  sanitary code.    * NB Effective December 1, 2010    * 1.  The  public  health  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.    * NB Effective until December 1, 2010    * 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.    * NB Effective December 1, 2010    * 2. The public health 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 council.    * NB Effective until December 1, 2010    * 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.    * NB Effective December 1, 2010    * 3. The public health council shall have no executive, administrative  or appointive duties except as otherwise provided by law.    * NB Effective until December 1, 2010    * 3. The public health and  health  planning  council  shall  have  no  executive,  administrative  or  appointive  duties  except  as otherwise  provided by law.    * NB Effective December 1, 2010    * 4. The public health 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.    * NB Effective until December 1, 2010    * 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.    * NB Effective December 1, 2010    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 council;    * NB Effective until December 1, 2010* (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;    * NB Effective December 1, 2010    (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, thatthe  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  by  five  or  more  persons.  In  the  preparation of such regulations, the public  health 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;    * NB Effective until December 1, 2010    * (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  by  five  or  more  persons.  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;    * NB Effective December 1, 2010    (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 specialnuclear 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,  when  such  research  is conducted pursuant to  paragraph (j) of subdivision one of section  two  hundred  six  of  this  chapter,  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.    (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  thedepartment.  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  insurance, 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.