New York Unconsolidated|SECTION 43

                                                

  § 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.