7.2.1 There shall be a Board of Health, to consist of six members, one of whom shall be a physician, and each of whom shall be appointed by the Mayor. The term of office of the members shall be for three years each, except that the members of the commission first appointed shall be for such terms that the term of two Commissioners shall expire annually thereafter. The appointment shall be made no later than April 1. Not more than three members of the Board shall belong to any one political party. The Board shall hold at least one public meeting a month. A majority of the appointed Commissioners shall constitute a quorum for the transaction of business. The Board shall be organized and function under the Public Health Law and other laws of the state.
7.2.2 The Board shall appoint a physician, not one of its members, to be the Health Officer of the city at an annual salary to be recommended by the Board and established by the Common Council. The Health Officer shall have the qualifications for Grade II Health Officer, according to the standards of the State Sanitary Code. He shall perform such duties as may be required by the Board.
The Board and the Health Officer shall exercise all the powers and be charged with all the duties now or hereafter conferred upon or required of either by the laws of this state so far as the same pertain to cities, except as limited or extended by the provisions of this article, and shall also possess such powers and perform such duties as may be prescribed by local law or ordinance.
The City Clerk, as registrar of vital statistics, shall keep such records as are prescribed by law, and shall annually no later than the 10th day of January, present to the Board a report of the births and deaths occurring in the city during the previous year.
It shall be the duty of the Mayor to appoint an examining Board of plumbers consisting of five persons, in the manner and as prescribed by the General City Law; who shall have all the powers and perform all the duties prescribed in and by Said law, relative to plumbing and drainage, the provisions of which article are hereby made applicable to the City of Glens Falls.
7.10.1 The Board of Health shall formulate, adopt, promulgate and enforce rules and regulations for the security of life and health in the city. Such rules and regulations shall be known as the Sanitary Code of the City of Glens Falls. It may embrace all matters and subjects to which, and so far as, the jurisdiction, power and authority of the Board extends, not inconsistent with the constitution or laws of the state, or the State Sanitary Code, or with this charter.
7.10.2 The Board shall adopt and promulgate such rules and regulations for the governing of plumbing and drainage as are formulated by the examining Board of plumbers of the city. Such rules and regulations shall be included in and constitute part of such Sanitary Code.
7.10.2.1 No plumbing shall be placed in any building until the plans for said plumbing shall have been filed with the Board of Health. All such plumbing must conform to the Sanitary Code of the city. The plans shall be kept by the Board and be accessible to the owner or occupant of said building at all reasonable times. Architects or builders who shall draw plans for or construct buildings shall make and leave permanently with the owner or occupant of said building a copy of the plumbing specifications and blueprints, showing the location of all drain pipes, sewer pipes, waste pipes, traps and other connections throughout the building. All plumbing shall be constructed according to said plans. The provisions of this section shall apply to any extensions, alterations or additions to the plumbing in any building within the city limits. A violation of this provision shall constitute disorderly conduct.
7.10.2.2 The Examining Board of Plumbers or an officer or agent thereof shall have the power and it shall be its duty to go upon the premises and in the building wherein such plumbing has been installed, and examine the same. If the plumbing shall be found in the opinion of said Board to have been improperly put in, or defective, and detrimental to the public health, or to the health of the person or persons occupying the building, the Board shall so report to the Board of Health. The Board of Health shall have the power and it shall be its duty to cause said plumbing to be removed from said building, unless the owner or occupant of the premises immediately changes the plumbing to the satisfaction of the examining Board of plumbers or an authorized officer or agent thereof.
7.10.3 The Board may provide for the enforcement of the Sanitary Code or any orders made by the Board by such fines, penalties, forfeitures and imprisonment as may be prescribed therein or otherwise by law.
7.12.1 The Health Officer is empowered to issue any order, subject to the approval of the Board, which is in his judgment necessary to assure conformance to the Sanitary Code.
7.12.2 Any person aggrieved by an order, decision or direction of the Health Officer, may appeal therefrom to the Board, which may affirm, reverse or modify the order, decision or direction appealed from.
7.12.3 Such appeal must be made by serving on the Health Officer a written notice of appeal within two days, Sundays and legal holidays excepted, or within such further time as shall be allowed by the Board, after the appellant receives notice of the order, decision or direction appealed from. Within two days after receiving such notice of appeal, Sundays and legal holidays excepted, the Health Officer shall make a written return to the Board of the facts and evidence on which such order, decision or direction is made. Upon receipt of such return, or if no return be made within the time specified, the Board shall forthwith proceed to hear and determine the matter. Upon such appeal, the Board need not be confined to the evidence contained in the return but in its discretion may take additional evidence.
7.12.4 Such appeal shall not act as a suspension or stay of the execution of the order, decision or direction unless the Board shall by an order in writing, filed with the, City Clerk, so direct. In case of failure to sustain the appeal, the Board may in its discretion impose costs not exceeding $10 upon the appellant.
The Health Officer is authorized, by and with the advice and consent of the City Attorney, and subject to the approval of the Board, in the name of the city to maintain actions to restrain the threatened or continued performance of any act contrary to his orders, directions or decisions, or the ordinances of the city relative to public health, and to abate nuisances; and for the purpose of obtaining a temporary injunction in any such action no undertaking shall be required.
In case of great and imminent peril to the public health of the city, it shall be the duty of the Health Officer, with the sanction of the Board, to take such measures and to do, order or cause to be done such acts for the preservation and protection of the public health as he may deem necessary and proper. There may be expended for such purposes such sums as may be made available pursuant to 29.00 of the Local Finance Law. Such peril to public health shall be deemed to exist only when and for such period as the Health Officer, with the approval of two-thirds of the members of the Board, shall determine.
The Public Health Law and Sanitary Code of the State of New York, so far as they pertain to cities, are applicable to the City of Glens Falls except as herein modified.
Whenever necessary for the enforcement of the rules and regulations of the Board, or of his orders, the Health Officer shall recommend to the Mayor such measures, including the services of police personnel, as he deems necessary to ensure enforcement.
Under and pursuant to the authority contained in the provisions of Article 8-A of the Mental Hygiene Law, and more particularly of Paragraph (a) of Subdivision 2 of 190-a[1] thereof, the City of Glens Falls hereby agrees to be included in the county mental health services program of Warren County.
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Editor's Note: See now Mental Hygiene Law § 41.05 and 41.07.