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Albany County, New York

Consolidated* Albany County Charter

*Please Note: This document is a consolidation of relevant local laws. It has not been adopted in this format
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ARTICLE 9
DEPARTMENT OF HEALTH

Section  901.  Department of Health, Commissioner; appointment; term.
  902. Powers and duties.
  903. County Board of health. 
  904. Sanitary code.

   Section 901.  Department of Health Commissioner; appointment; term. There shall be a Department of Health headed by a Commissioner of Health. The Commissioner of Health shall be a physician licensed to practice medicine in the State of New York and possess the qualifications for that office as prescribed in the New York State Sanitary Code, or otherwise by the Public Health Council of the State of New York. The Commissioner of the Department of Health shall be appointed by the County Executive subject to confirmation by the County Legislature as provided in Section 302(c) of this Charter, and shall serve at the pleasure of the County Executive.

   Section 902. Powers and duties. Except as otherwise provided in this Charter, the Commissioner of Health shall have all the powers and perform all the duties conferred or imposed upon County Health Commissioners and county boards of health by applicable law. In addition,, she shall perform such other and related duties as shall be required or delegated to her by the County Executive or the County Legislature.

   Section 903. County Board of Health. There shall be in the Department a County Board of Health, the members of which shall be appointed by the County Legislature. The composition of such board in relation to the number of members and the professional, governmental, or other representation, and the terms of such members, shall be as provided in the public health law for a County Board of Health. The board shall, at the request of the Commissioner of Health, and may on its own initiative, advise the Commissioner of Health, County Executive and County legislature on matters relating to the preservation and improvement of the public health and be advisory only except as provided for herein. The Board shall also advise the County legislature with respect to the qualifications of candidates appointed to the position of Commissioner of Health.

   Section 904. Sanitary Code. The Sanitary Code of the County in effect on the date this Charter becomes effective shall be the Sanitary Code of the County. The Sanitary Code may be amended, repealed or otherwise changed as provided by applicable law.

   The provisions of the Sanitary Code shall have the force and effect of law and shall be published as provided in the Public Health Law. Penalties for violation of the Sanitary Code shall be as provided in the Sanitary Code or other applicable law. Certified copies shall be filed with the Commissioner of Health, the Clerk and the County Clerk, and shall be received in evidence in all courts and proceedings in the State.


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