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City of Pittsfield, MA
Berkshire County
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Table of Contents
Table of Contents
[Ord. No. 934, § 1, 10-12-2004[1]]
A Board of Health is hereby established to advise on and manage all masters relative to health and sanitation in the City, and to promulgate health regulations in conformity with law.
[1]
Editor’s Note: This ordinance also repealed former Art. XVIII, Advisory Council of Health, adopted by Ord. No. 40, § 1, as amended 2-24-2004 by Ord. No. 922.
[Ord. No. 934, § I, 10-12-2004; Ord. No. 1039, § I, 5-25-2010; Ord. No. 1113, § I, 3-10-2015; Ord. No. 1142, § XXIV, 9-29-2015]
In accordance with Article 2, Section 2-10 and Article 3, Section 3-3 of the City Charter enacted by Chapter 72 of the Acts of 2013, the Mayor shall appoint all five members to the Board of Health, subject to City Council approval, one of whom shall be a physician. Each member shall serve a term of three years. In the event of a vacancy, the Mayor shall appoint a successor as soon as practicable, subject to City Council approval, and said successor shall fulfill the unexpired term of the member whose seat was vacated. Members of the Board shall receive compensation as the City Council may determine. In accordance with Article 10, Section 10-6(a) of the City Charter enacted by Chapter 72 of the Acts of 2013, every such Board shall elect a chair, a vice chair, and a secretary and any other officer it deems necessary. It may make rules and regulations for its own governance and for the governance of its officers, agents and assistants. The Board may choose a clerk, who is not a member of the Board, and it may employ the necessary officers, agents and assistants to execute the health laws and its regulations. It may fix the salary or other compensation of such physician and its clerk and other agents and assistants, subject to appropriation by the Mayor and City Council.
[Ord. No. 934, § I, 10-12-2004]
The Board of Health may appoint agents or directors of public health to act for it in cases of emergency or if it cannot conveniently assemble, and any such agent or director shall have all the authority of the Board; but he/she shall, in each case, within two days report his/her action to the Board for its approval, and shall be directly responsible to it and under its direction and control. An agent or director of public health appointed to make sanitary inspections may make complaint of violations of any law or ordinance relative to the public health.
[Ord. No. 1088, § I, 11-25-2014]
In accordance with Section 23, Paragraph (7) of Chapter 72 of the Acts of 2013, there shall be a Director of Public Health. The Director of Public Health shall be appointed by the Board of Health.
[Ord. No. 1088, § I, 11-25-2014]
(1) 
The Director of Public Health shall be responsible for evaluating community health resources and requirements. He/She shall review the adequacy and/or need of division programs, and then directly implement the newly initiated department and divisional policies and programs. He/She shall oversee the City's implementation of state-regulated pesticide programs. He/She must be available for evening meetings and emergencies.
(2) 
The Director of Public Health shall direct environmental sanitation programs and advise inspectors on problem cases. He/She shall make recommendations regarding the granting of licenses for motels, restaurants, mobile canteens and dispensers of mile and food establishments. He/She may perform as a sanitarian inspector as required to inspect restaurants, food cafeterias, food processing facilities and other food establishments for cleanliness of premises and acceptable sanitary standards and practices. He/She shall perform other inspections, including sanitary, environmental, asbestos and Housing Code. He/She shall make required open water inspections. He/She may respond to reported oil spills and take appropriate action. He/She shall enforce applicable regulations and seize unfit products in violation. He/She shall participate in hazardous waste coordination efforts within the City of Pittsfield.
(3) 
The Director of Public Health shall be responsible for the investigation, either directly or through subordinate inspectors, of all complaints regarding public health nuisances. He/She may act as a hearing officer on Housing Code violations or participate in hearings, take testimony of all parties involved, research applicable statutes or code and make appropriate decisions and findings which result in either the sustaining, modifying, or revoking previously initiated orders.
(4) 
The Director of Public Health shall prepare the budget for the Health Department and shall administer all budgets that have been approved. He/She shall apply for grants and administer grant funding for designated projects.
(5) 
The Director of Public Health shall direct, instruct, advise, and assist his/her subordinates on objectives and matters affecting their work such as safety precautions, standards of performance and methods of performance. The Director of Public Health shall check the efficiency of his/her subordinates, and he/she shall instruct and/or reassign personnel as necessary. He/She shall anticipate or investigate causes of delay and/or inadequate performance of all of his/her subordinates, and he/she shall take corrective action if necessary.
(6) 
The Director of Public Health shall initiate recommendations as to possible improvements in procedures, methods and objectives. He/She shall maintain discipline, morale and harmonious personnel relations. He/She shall handle complaints and grievances made by Health Department employees.
(7) 
The Director of Public Health shall attend and/or participate in a variety of conferences and other meetings. He/She shall discuss developments, directions and problems in other areas. He/She shall attend seminars, subscribe to periodicals and publications in order to keep abreast of developments in the field of endeavor, innovations and trends.
[Ord. No. 1088, § I, 11-25-2014]
There shall be a Public Health Nurse Manager. The Public Health Nurse Manager shall be appointed by the Board of Health and shall serve under the direction of the Director of Public Health.
[Ord. No. 1088, § I, 11-25-2014]
(1) 
The Public Health Nurse Manager shall be responsible performing all public nursing functions that require the interpretation and application of public health and emergency practices, laws and regulations relating to changing conditions, threats and public health problems.
(2) 
The Public Health Nurse Manager shall provide case management for patients with communicable diseases and their contacts, including identification of those at risk, administration of testing, education and referral for evaluation. He/She shall maintain a communicable disease surveillance system through follow up of disease reports and investigations, recognize and report trends, enforcement of isolating and quarantine regulations and control outbreaks.
(3) 
The Public Health Nurse Manager shall determine the etiology of communicable diseases as well as other community diseases affecting the public health.
(4) 
The Public Health Nurse Manager shall assess community public health needs by utilizing surveillance data sources and develop an annual community public health outreach plan. He/She shall work collaboratively with traditional and non-traditional partners to achieve public health goals.
(5) 
The Public Health Nurse Manager shall plan, implement and evaluate immunization clinics for the general public and City of Pittsfield employees. He/She shall oversee the mandates of a tuberculosis program for the City of Pittsfield. He/She shall act in the capacity of a Public Health Nurse Educator.
(6) 
The Public Health Nurse Manager shall assist Health Department staff in functions such as inspections of camp health records, food-borne outbreak investigations, etc. He/She shall also be responsible for the planning, collaboration and implementation of emergency preparedness protocols for the City of Pittsfield. He/She shall be responsible for implementing clinical personnel practices and protocol for all emergency dispensing sites. He/She shall coordinate recruitment and training activities to ensure adequate staffing resources for EDS implementation.
(7) 
The Public Health Nurse Manager shall provide education and supervision to contracted per diem and volunteer nurses.
(8) 
The Public Health Nurse Manager shall ensure coverage of nursing services for daily MAVEN surveillance and responses, DOT coverage (home visits) and flu clinics.
(9) 
The Public Health Nurse Manager shall perform all related public health nursing duties and responsibilities normally associated with this position as well as other duties assigned to him/her by the Director of Public Health.
[Ord. No. 934, § I, 10-12-2004]
The Board of Health shall annually in January make a full and comprehensive report to the City Council of its acts during the preceding year and of the sanitary condition of the City. It shall also, if the City Council or the standing committee on finance thereof so requires, send to the City Auditor a detailed estimate of the appropriation required by its department for the next financial year.
[Ord. No. 934, § I, 10-12-2004]
The Board of Health shall send to the department every week, upon forms to be prescribed by it, a report of deaths in their towns for the week ending Saturday noon, from all diseases declared by the department to be dangerous to the public health.
[Ord. No. 934, § I, 10-12-2004]
The Board of Health may make reasonable health regulations. A summary, which shall describe the substance of any regulation made by a Board of Health, shall be published once in a newspaper of general circulation in the City, and such publication shall be notice to all persons. No regulation or amendment thereto which relates to the minimum requirements for subsurface disposal of sanitary sewage as provided by the State Environmental Code shall be adopted until such time as the Board of Health shall hold a public hearing thereon, notice of the time, place and subject matter of which, sufficient for identification, shall be given by publishing in a newspaper of general circulation in the City once in each of two successive weeks, the first publication to be not less than 14 days prior to the date set for such hearing. Prior to the adoption of any such regulation or amendment which exceeds the minimum requirements for subsurface disposal of sanitary sewage as provided by the State Environmental Code, the Board of Health shall state at said public hearing the local conditions which exist or reasons for exceeding such minimum requirements. Whoever, or by his/her servant or agent, or as the servant or agent of any other person or any firm or corporation, violates any reasonable health regulation, made under authority of this section, for which no penalty by way of fine or imprisonment, or both, is provided by law, shall be punished by a fine of not more than $1,000. The Board of Health shall file with the Department of Environmental Protection, attested copies of sanitary codes, and all rules, regulations and standards which have been adopted, and any amendments and additions thereto, for the maintenance of a central register.
[Ord. No. 934, § I, 10-12-2004]
The Board of Health shall, from time to time, make rules and regulations for the control of the removal, transportation or disposal of garbage, offal or other offensive substances. Whoever violates any provision of MGL c. 111, § 31A, or of any rule or regulation made there under, shall be punished by a fine of not more than $1,000.