N.Y. Defense Emergency Act 1951 784/51 § 43: Emergency health and sanitation areas

§ 43. Emergency health and sanitation areas. 1. Whenever the governor

shall determine that (a) because of the existence of any military or

naval establishment of the United States, or of any other establishment

or facility constructed, enlarged or placed in operation subsequent to

June twenty-fifth, nineteen hundred fifty for the purposes of or in

connection with the defense effort, there has been an increase in the

population of any area in the state to such an extent as to produce

problems of health and sanitation, or (b) an emergency exists as the

result of attack, or (c) as a result of conditions created directly or

indirectly by the defense effort, insufficient or inadequate medical or

health personnel or facilities are available in any area, he may, upon

the recommendation of the state commissioner of health or whenever he

determines that such action is deemed necessary for the protection of

public health, designate any area in the state so affected as an

emergency health and sanitation area and fix the boundaries thereof.

2. Whenever a special emergency health and sanitation area is

established, as herein provided, it shall be the duty of the local board

or boards of health of the territory within such area, to make and

enforce rules and regulations consistent with the provisions of the

public health law (a) to prevent or limit the introduction or spread of

any contagious or infectious disease and (b) to protect the public

health within the area.

3. If in the judgment of the governor, any local board of health in

the territory within such area is unable or fails to make and enforce

adequate rules and regulations for the protection of the public health

therein, he may direct the state commissioner of health to make and

enforce such rules and regulations, and for this purpose the state

commissioner of health is authorized and empowered to assume any or all

of the powers and authority now or hereafter conferred by law upon local

boards of health.

4. Any local board of health having jurisdiction over territory within

an emergency health and sanitation area may, by application in writing,

request the commissioner of health to undertake the protection of the

area over which the local board has jurisdiction. Upon his approval of

any such request, the state commissioner of health is hereby authorized

and empowered to make and enforce rules and regulations in such area and

for this purpose, the state commissioner of health is authorized and

empowered to assume any and all power and authority now or hereafter

conferred by law upon local boards of health.

5. Whenever the governor has designated an emergency health and

sanitation area because of the insufficiency or inadequacy of medical or

other health personnel or facilities, the state commissioner of health

is authorized, directed and empowered to designate, appoint, employ for

service therein and supervise necessary medical and health personnel and

to make such other provisions as may be necessary or desirable for the

protection of public health.

6. The commissioner of health is hereby authorized to cooperate with

and utilize the services of local, state and federal health and welfare

agencies in formulating and effectuating state, interstate and federal

health and sanitation programs.