§ 225. Public health and health planning council; powers and duties;
sanitary code. 1. The public health and health planning 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 and health planning 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 and health planning council.

3. The public health and health planning council shall have no
executive, administrative or appointive duties except as otherwise
provided by law.

4. The public health and health planning 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 and health planning 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. In the
preparation of such regulations, the public health and health planning
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, 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, except that the department may
share identifying or other information with a local health department
when, and only to the extent that, the department determines this
information is necessary to protect public health against the hazards
associated with exposure to the material. Data shared with the local
health department shall not be further disclosed and shall be otherwise
subject to the confidentiality requirements of paragraph (j) of
subdivision one of section two hundred six of this chapter and any other
applicable laws related 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.

5-d. The state sanitary code shall:

(a) require that all lifeguards employed at children's overnight,
summer day, and travelling summer day camps as defined in section
thirteen hundred ninety-two of this chapter, meet the following
qualifications:

(i) be at least seventeen years of age, except:

(A) a maximum of fifty percent of the required total number of
lifeguards on duty may be at least fifteen years of age provided they
are under the supervision of a camp aquatics director as required by
part seven of the state sanitary code; and

(B) lifeguards required for wilderness swimming must be at least
eighteen years of age; and

(ii) meet lifeguarding, first aid and CPR certification requirements
for minimum lifeguard supervision levels as required in parts six and
seven of the state sanitary code; and

(b) require all qualified lifeguards while on duty at the waterfront
to not be engaged in duties or activities which distract them from the
direct supervision of the waterfront.

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.
Nothing in this subdivision shall require the commissioner to certify
the completion of such approved course by such employees. 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. Nothing in this
subdivision shall require the commissioner to certify the completion of
such approved course by such licensee or employees. 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 financial services, 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.