N.Y. Public Health Law § 371: Certain cities; sanitary codes

§ 371. Certain cities; sanitary codes. 1. The commissioner of health

in cities having a population of less than one hundred seventy-five

thousand or the health officer in cities having a population of less

than fifty thousand shall:

(a) formulate, adopt, promulgate and enforce complete rules,

regulations, orders and directions for the security of life and health

in the city, which shall not be inconsistent with the sanitary code; and

(b) in conjunction with the board of examining plumbers, formulate,

adopt and promulgate rules and regulations for plumbing and drainage

which shall govern the same.

2. The rules, regulations, orders and directions promulgated and

adopted pursuant to the provisions of this section shall be known as the

sanitary code of the city.

3. Before such rules and regulations shall take effect they shall be

approved in writing by the mayor in cities having a population of fifty

thousand to one hundred seventy-five thousand and by the common council

or similar legislative authority in cities having a population of less

than fifty thousand. After such approval the sanitary code of the city

shall be published in such manner as the legislative authority shall

prescribe.

4. The sanitary code of such cities may embrace all matters and

subjects to which and so far as the jurisdiction, power and authority of

the department of health of the city extends not inconsistent with the

constitution or laws of the state, and may be revised, altered, amended

or annulled from time to time by the commissioner of health or health

officer of the city with the approval of the mayor in cities having a

population of fifty thousand to one hundred seventy-five thousand and

the common council or similar legislative authority in cities having a

population of less than fifty thousand. The provisions thereof shall be

binding and in full force and effect in such city.