(a) General Provisions. The Board of Health may make such orders and regulations as are necessary for its own government, for the public health, the prevention or restriction of disease, and the prevention, abatement, or suppression of nuisances. Orders and regulations not for the government of the Board, but intended for the general public, shall be adopted, advertised, recorded, and certified as are ordinances of municipal corporations and record thereof shall be given in all courts the same effect as is given such ordinances. In cases of emergency caused by epidemics of contagious or infectious diseases, or conditions or events endangering the public health, the Board may declare such orders and regulations to be emergency measures, and such orders and regulations shall become effective immediately without such advertising, recording and certifying.
(b) Readings of Orders and Regulations.
(1) Each order and regulation shall be read by title only by the Clerk of the Board, provided the Board may require the reading to be in full by a majority of its members.
(2) Each order and regulation shall be read on three different days, provided the Board may dispense with this rule by a vote of three-fourths of its members (four votes). (See (b)(6).)
(3) The vote on the passage of each order or regulation shall be taken by ayes and nays and entered upon the official minutes.
(4) Each order or regulation shall be passed by a vote of at least a majority of all the members of the Board (three votes).
(5) Action by the Board, not required by law to be by order or regulation, may be taken by motion approved by at least a majority of the members present at the meeting when the action is taken.
(6) The Board may suspend the rules established by State law requiring readings of orders and regulations on three different days by a three- fourths vote of all members appointed to the Board of Health (four votes). The vote must be taken by ayes and nays on each order or regulation, entered on the official minutes. If the rules are suspended, the Board may then immediately vote on the issue or legislation.
(c) Emergency Orders and Regulations. In cases of emergency caused by epidemics of contagious or infectious diseases, or conditions or events endangering the public health, the Board may declare orders and regulations to be emergency measures. Emergency orders and regulations become effective immediately without the publication, recording, and certifying described below. Emergency orders and regulations shall include the words “and to declare it an emergency” in the title. Also, a clause describing the emergency and why it is necessary for preserving the health, safety and peace of the community must be included in the body of the order or regulation.
(d) Authentication. After the regulation or order is adopted, it shall be authenticated by the signature of the President and clerk of the Board. The date of adoption shall also be recorded on the document.
(e) Recording. After an order or regulation is authenticated, it shall be recorded by the Clerk in a book kept for that purpose.
(f) Publication After Adoption. Before an order or regulation becomes effective, a succinct summary shall be published in the local newspaper once a week for two consecutive weeks. The succinct summary shall be prepared by the City Attorney. The publication shall contain a notice that the complete text may be obtained or viewed at the Municipal Building between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. After publication of the summary, the Clerk of the Board shall supply the complete text of the regulations to any person upon request. The Clerk shall also post a copy of the full text of the order or regulation on the bulletin board located in the lobby of the Municipal Building. The Clerk shall charge a reasonable fee, which is twenty-five cents (25¢) per page, for each copy supplied to persons requesting the full text of the regulation.
(g) Proof and Certification of Publication.
(1) The Clerk of the Board shall secure proof of the required publication by obtaining an affidavit by the publisher of the newspaper stating the dates of publication and that the paper is published and of general circulation within the City. A sample form for the proof of publication is set forth in Exhibit A.
(2) Immediately after the expiration of the period of publication of the regulations or summaries, the Clerk of the Board shall certify the publication of the summary of the order or regulation. Certification is done by means of a certification statement containing the name of the newspaper and the date of publication.
(3) The statement must be placed on the original order or regulation. The Clerk shall sign the statement, which is prima facie evidence that legal publication of the order or regulation was made. A sample certification statement is set forth in Exhibit B.
(h) Adoption by Incorporation by Reference. The Board may adopt regulations to incorporate technical codes prepared by the State or any department, board or agency thereof, or codes prepared by public or private organizations (e.g. model codes). The publication required shall clearly identify such code, shall state its purpose, shall state that a complete copy of such code is on file with the Clerk of the Board for inspection by the public, and also on file in the County Law Library and that the Clerk has copies available for distribution to the public at cost. If the Board amends or deletes any provisions of such code, the publications shall contain a brief summary of such deletion or amendment prepared by the City Attorney.
(1) The regulation which incorporates the standard code by reference must be adopted and published by the Board in the same manner as outlined for any other regulation.
(2) If any emergency regulation incorporates a standard ordinance or code by reference, the regulation subsequently shall be published in accordance with this section to become valid.
(i) Effective Date. Non-emergency regulations of the Board take effect ten days after the date of first publication.
(j) General Outline of Regulation.
(1) Title. The regulation shall have a title. The subject of the regulation shall be expressed clearly in the title, and the regulation shall not contain more than one subject. If the regulation is an emergency measure, it should contain the phrase at the end of the title, “and to declare it an emergency”.
(2) Style clause. The style clause shall follow the title and read as follows: “Be it ordained by the Board of Health of the City of Grandview Heights Health District, State of Ohio”.
(3) Body of regulation. The body is where the procedures to be followed and the requirements are set out, including definitions, authorization to inspect, enforcement procedure, requirements, duties and standards, penalty clause, severability clause, and emergency clause.
(4) Date of adoption. The date of adoption shall be shown on the regulation with the following language: “Adopted by the Board of Health of the City of Grandview Heights Health District this day of , 199 “.
(5) Signature lines. There shall be a space under the body of the regulation for the signatures of the President and Clerk of the Board of Health.
moved and seconded that these rules be adopted to take effect immediately. Voting Aye: Voting Nay: Adopted by the Board of Health of the City of Grandview Heights Health District this day of , 199 . President Clerk |
(Res. 03-94. Passed 2-17-94.)