N.Y. Public Health Law § 347: County or part-county boards of health; powers and duties; rules and regulations

§ 347. County or part-county boards of health; powers and duties;

rules and regulations. 1. Upon the establishment of a board of health

for a county or part-county health district as provided in this article,

it shall exercise all the powers and perform all duties of local boards

of health as provided in this chapter, and such board of health may

formulate, promulgate, adopt and publish rules, regulations, orders and

directions for the security of life and health in the health district

which shall not be inconsistent with the provisions of this chapter and

the sanitary code. Such rules, regulations, orders and directions shall

be known as the sanitary code of such district.

a. Every rule, regulation, order and direction adopted by a board of

health or a county officer or body exercising the rule-making functions

of a board of health shall state the date on which it takes effect and a

copy thereof signed by the county health commissioner or his deputy or

such county officer or the elective or appointive chief executive

officer of such county body exercising the rule-making functions of a

board of health shall be filed as a public record in the department, in

the county or part-county department of health and in the office of the

county clerk and shall be published in such manner as the board of

health or such county officer or body exercising the rule-making

functions of a board of health may from time to time determine. No such

rule, regulation, order or direction shall be effective prior to filing

as a public record in the department.

b. The county health commissioner or his deputy shall furnish

certified copies of the sanitary code of the health district and its

amendments for a fee of one dollar.

c. Nothing herein contained shall be construed to restrict the power

of any county, city, town or village to adopt and enforce additional

ordinances or enforce existing ordinances relating to health and

sanitation provided that such ordinances are not inconsistent with the

provisions of this chapter or the sanitary code.

2. The board of health of a county or part-county health district is

hereby authorized to enter into contracts with one or more counties for

mutual aid in the delivery of health services, including but not limited

to public health emergency responses such as disease surveillance, mass

immunization programs, mass antibiotic distribution, and handling of

mass casualties, provided approval of such contracts by the legislative

body of each county and of the commissioner is obtained. Each county or

part-county health district shall be liable for acts or omissions of its

employees or agents when acting pursuant to such a contract in the same

manner and to the same extent as if such acts or omissions occurred

within the county or part-county health district; and such employees or

agents shall have immunities and privileges for their acts or omissions

when acting pursuant to such a contract in the same manner and to the

same extent as if such acts or omissions occurred within the county or

part-county health district; except that such a contract may apportion

liability otherwise between or among the county or part-county health

districts.

3. Except as provided in the provisions of article thirteen-E of this

chapter, a board of health of a county health district shall exercise

all the powers and perform all duties relative to the enforcement of

article thirteen-E of this chapter pursuant to rules and regulations

promulgated by the commissioner.