§ 130A-39. Powers and duties of a local board of health.
§ 130A‑39. Powers andduties of a local board of health.
(a) A local board ofhealth shall have the responsibility to protect and promote the public health.The board shall have the authority to adopt rules necessary for that purpose.
(b) A local board ofhealth may adopt a more stringent rule in an area regulated by the Commissionfor Public Health or the Environmental Management Commission where, in theopinion of the local board of health, a more stringent rule is required toprotect the public health; otherwise, the rules of the Commission for PublicHealth or the rules of the Environmental Management Commission shall prevailover local board of health rules. However, a local board of health may notadopt a rule concerning the grading, operating, and permitting of food andlodging facilities as listed in Part 6 of Article 8 of this Chapter and asdefined in G.S. 130A‑247(1), and a local board of health may adopt rulesconcerning wastewater collection, treatment and disposal systems which are notdesigned to discharge effluent to the land surface or surface waters only inaccordance with G.S. 130A‑335(c).
(c) The rules of alocal board of health shall apply to all municipalities within the localboard's jurisdiction.
(d) Not less than 10days before the adoption, amendment or repeal of any local board of healthrule, the proposed rule shall be made available at the office of each countyclerk within the board's jurisdiction, and a notice shall be published in anewspaper having general circulation within the area of the board'sjurisdiction. The notice shall contain a statement of the substance of theproposed rule or a description of the subjects and issues involved, theproposed effective date of the rule and a statement that copies of the proposedrule are available at the local health department. A local board of health ruleshall become effective upon adoption unless a later effective date is specifiedin the rule.
(e) Copies of all rulesshall be filed with the secretary of the local board of health.
(f) A local board ofhealth may, in its rules, adopt by reference any code, standard, rule orregulation which has been adopted by any agency of this State, another state,any agency of the United States or by a generally recognized association.Copies of any material adopted by reference shall be filed with the rules.
(g) A local board ofhealth may impose a fee for services to be rendered by a local healthdepartment, except where the imposition of a fee is prohibited by statute orwhere an employee of the local health department is performing the services asan agent of the State. Notwithstanding any other provisions of law, a localboard of health may impose cost‑related fees for services performedpursuant to Article 11 of this Chapter, "Wastewater Systems," forservices performed pursuant to Part 10, Article 8 of this Chapter, "PublicSwimming Pools", for services performed pursuant to Part 11, Article 8 ofthis Chapter, "Tattooing", and for services performed pursuant toG.S. 87‑97. Fees shall be based upon a plan recommended by the localhealth director and approved by the local board of health and the appropriatecounty board or boards of commissioners. The fees collected under the authorityof this subsection are to be deposited to the account of the local healthdepartment so that they may be expended for public health purposes inaccordance with the provisions of the Local Government Budget and FiscalControl Act. (1901,c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s. 9; C.S., s. 7065; 1957, c. 1357,s. 1; 1959, c. 1024, s. 1; 1963, c. 1087; 1973, c. 476, s. 128; c. 508; 1977,c. 857, s. 2; 1981, c. 130, s. 2; c. 281; c. 949, s. 4; 1983, c. 891, s. 2;1985, c. 175, s. 1; 1989, c. 577, s. 2; 1991 (Reg. Sess., 1992), c. 944, s. 10;1993 (Reg. Sess., 1994), c. 670, s. 2; 1995, c. 507, s. 26.8(c); 2006‑202,s. 6; 2007‑182, s. 2.)