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    § 225. Public health council; powers and duties; sanitary code. 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.
    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.
    3.  The  public health council shall have no executive, administrative
  or appointive duties except as otherwise provided by law.
    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.
    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;
    (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, 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 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,  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  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.
    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. 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. 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.



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