N.Y. Public Health Law § 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; 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.

5-e. Places of public assembly on-site epinephrine devices.

(a) Notwithstanding the provisions of paragraph (r) of subdivision

five of this section and section three thousand-c of this chapter, the

sanitary code shall provide that each place of public assembly as

specified in this section shall be required to maintain and make

available on-site epinephrine devices, as defined in paragraph (b) of

subdivision one of section three thousand-c 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 (c) of subdivision two of section three thousand-c of this

chapter, in the operation and use of an epinephrine device.

(c) For the purposes of this subdivision, "places of public assembly"

shall mean 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 amphitheaters 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-c of this chapter.

(e) Pursuant to sections three thousand-a and three thousand-c of this

chapter, any public access epinephrine device 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

epinephrine device 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

epinephrine devices 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.

(g) (i) Operation of an epinephrine device pursuant to this section

shall be considered first aid or emergency treatment for the purpose of

any statute relating to liability.

(ii) Operation of an epinephrine device pursuant to this section shall

not constitute the unlawful practice of a profession under title eight

of the education law.

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.