[HISTORY: Adopted by the Town Board of the Town of Niskayuna 4-19-1955.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 220.
It shall be unlawful for any person to conduct, keep, manage, operate
or cause to be conducted, kept, managed or operated a private proprietary
sanitorium, nursing home, convalescent home, home for the aged or chronic
patients or invalids or any institution wherein human beings are receiving
medical attention or nursing care or nursing supervision or custodial supervision
and maternity hospitals or who are in need of the same within the limits of
the Town of Niskayuna, designed to accommodate three or more persons for hire,
without first having obtained and paid for and having in full force and effect
a license so to do, as hereinafter provided, and then only in accordance with
the license granted.
A.
Any person desiring to procure a license as herein provided
shall file with the Health Officer a written application, verified by the
oath of the applicant, upon forms furnished by the Health Officer.
B.
In addition to the information required by said application,
the Health Officer shall have the right and authority to require such other
pertinent information as may be necessary for the safety, health and morals
of the public.
C.
Any person, firm, association or corporation maintaining
or operating a private proprietary sanitorium, nursing home, convalescent
home, home for the aged or chronic patients or invalids, maternity hospital
or any institution wherein human beings are receiving medical attention or
nursing care or nursing supervision or custodial supervision or who are in
need of the same at the time this chapter takes effect shall apply for a license
as herein provided within one month after the adoption of this chapter.
D.
The Health Officer shall refer such application to the
Building Inspector and the Chief of the Fire District in which such institution
is to be located or is located, who shall cause an inspection of the premises
where the sanitorium, nursing home, convalescent home or home for the aged
or chronic invalids or maternity hospital is to be conducted to determine
compliance with the regulations, ordinances and laws applicable thereto. Those
officials shall furnish the Health Officer within 10 days, in writing, the
information derived from such inspection, accompanied by a recommendation
as to whether a license should be granted or refused.
A.
Upon receipt of the application, reports and recommendations
as provided in the previous section, the Health Officer may, upon his approval
and the payment to the Town of Niskayuna of the fee hereinafter provided,
issue to the applicant a license to conduct such sanitorium, nursing home,
convalescent home or home for the aged or chronic patients or invalids or
maternity hospital. Said license shall be numbered in the order issued and
shall state clearly and legibly thereon the location, date of issuance, date
of expiration, the type of license, the fee paid, the name of the licensee
and the name of the manager or person in charge, the number and location of
rooms and the number and location of beds to be used for the purpose so licensed
and the legal number of occupants who may be accommodated therein.
B.
All licenses issued under the provisions of the chapter
shall expire on the 31st day of December of the year of issuance.
C.
Licenses issued under the provisions of this chapter
shall be personal to the applicant and shall not be transferable.
A.
The fees for licenses to conduct sanatoriums, convalescent
homes, nursing homes, homes for the aged or chronic patients or invalids,
maternity hospitals or any institution wherein human beings are receiving
medical attention, nursing care or nursing supervision or custodial supervision
shall be the sum of $1 per bed, with a minimum fee of $5 and a maximum fee
of $25 when issued prior to the first day of July; the fee for said license
when issued on or after the first day of July shall be made 1/2 of the amount
hereinbefore designated. No refund shall be made on account of license fees
for a license voluntarily surrendered or legally revoked.
B.
Whenever a license shall be lost, destroyed, defaced
or mutilated beyond legibility, without fault on the part of the licensee,
his agent or his employee, a duplicate license in lieu thereof under the original
application may be issued by the Health Officer, in his discretion, upon payment
of a recording fee of $1.
The Health Officer may at any time, after giving reasonable notice to
the licensee and an opportunity to be heard, revoke or suspend any license
for any false statements contained in any application for such license, for
disorderly, indecent or immoral conduct on the premises or for violation of
any rule, regulation, ordinance or law of the United States, the State of
New York or the Town of Niskayuna. The Health Officer shall cause notice of
such hearing and give the reason or reasons therefor, to be served upon the
persons named in the application as the licensee and also upon the owner of
record of the premises so licensed. Said service shall be by registered mail
with a return receipt directed to the licensee at the licensed premises and
to the owner at the address of said owner last known to the Health Officer
or by personal service.
Any person, firm or corporation operating under a license pursuant to
this chapter wherein said license has been suspended or revoked may at any
time make application for reinstatement of said license. Within three days
after receipt of the satisfactory application accompanied by a statement signed
by the applicant to the effect that he has conformed with the violated provisions
of this chapter, the Health Officer shall cause a reinspection to be made
and thereafter as many additional reinspections as he may deem necessary to
assure himself that the applicant is again complying with the requirements
and, in case the findings indicate compliance, shall reinstate the license.
Every licensee shall keep or cause to be kept in a permanent form a
register in which there shall be recorded in ink or indelible pencil the true
name or names in ordinary use and the residence of each and every person admitted
in such licensed premises for care or supervision, the date and hour of admittance
and the date and hour of discharge or leaving. Said register shall also include
the following: sex, color, age, marital status, occupation, place of birth,
reason for discharge and, if death, the name of the attending physician and
the name and address of the nearest relative or friend. Also, every person
admitted must furnish the following:
A.
The Health Officer is hereby directed and authorized
to make necessary rules and regulations to carry out the purposes of this
chapter and to protect the public health, safety and welfare. Said rules and
regulations shall include requirements and/or standards relative to light,
ventilation, area and volume of buildings, fire protection, sanitary facilities,
food preparation and storage, cleanliness, disease control, nursing and medical
care and supervision and any other miscellaneous requirements and/or standards
he may deem necessary for the public health, safety and welfare. He shall
have authority to pass on all questions arising under the provisions of this
chapter or said rules and regulations relative to the licensing, operation
and maintenance of said private proprietary sanatoriums, nursing homes, convalescent
homes, maternity hospitals and similar institutions, and he shall be responsible
to the Town Board for the administration and enforcement of this chapter,
together with the rules and regulations pertaining thereto. A copy of said
rules and regulations shall be delivered to the applicant upon making application
for registration. The applicant shall sign a receipt for such rules and regulations,
which receipt shall be a part of his application.
B.
A copy of any new rules and regulations made by the Health
Officer shall be mailed by registered mail to each licensee, and a copy of
any special rules shall be delivered either personally or by registered mail
to the person or persons affected thereby.
An officer or employee of the Police Department, Fire Department, Health
Department and Engineer employed by the Town, upon showing credentials of
office, shall have access at all reasonable times to the licensed premises
for the purpose of investigating any complaint or enforcing the law, ordinance
or regulation relating thereto.
A.
Each violation of this chapter shall be punishable by
a fine not exceeding $150 or by imprisonment not exceeding 150 days, or by
both such fine and imprisonment, or by a penalty of not less than $5 nor more
than $500, to be recovered by the Town of Niskayuna, New York, in a civil
action.
