Header:
NEW YORK CONSOLIDATED LAW SERVICE
UNCONSOLIDATED LAWS
MILITARY
CHAPTER 131. DEFENSE EMERGENCY ACT
ARTICLE IV. POWERS OF AGENCIES
Date:
08/31/2009
Document:
ยง 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.
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