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 thereof, the City of Glens Falls hereby agrees to be included
in the county mental health services program of Warren County.