1957 session laws – Ch. 1357 Sec. 1

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CHAPTER 1357 AN ACT REWRITING, REARRANGING, RENUMBERING, AND AMENDING THE PUBLIC HEALTH LAWS OF THE STATE OF NORTH CAROLINA. The General Assembly of North Carolina do enact:

That all the provisions of Chapter 130 of the General Statutes of North Carolina as contained in Volume 3B and the 1955 Supplement thereto, are hereby rewritten to read as follows: Chapter 130 PUBLIC HEALTH ARTICLE 1 General Provisions 130-1. Rules of Construction. (a) This Chapter shall be known as the Public Health Law of North Carolina. (b) All persons who, at the time this Chapter takes effect, hold office under any of the statutes repealed or rewritten by this Chapter, and whose offices are continued by this Chapter, continue to hold them according to their former tenure unless otherwise specified. (c) Any action or proceeding commenced before this Chapter takes effect, and any right accrued, is not affected by this Chapter, but all procedures thereafter shall conform, insofar as possible, with the provisions of this Chapter. (d) Whenever a duty is imposed upon a public officer, the duty may be performed unless this Chapter expressly provides otherwise, by a deputy of the officer or by a person duly authorized by the State Board of Health. (e) The operation and effect of any provision of this Chapter conferring a general power upon the State Board of Health, local boards of health, local health departments, or local health directors, shall not be impaired or qualified by the granting to said boards, departments or individuals by this Chapter of a specific power or powers. 130-2. Notice. Unless expressly otherwise provided, any notice required to be given to any person by any provision of this Chapter or any regulations adopted pursuant thereto, may be given by mailing the notice, by registered mail or certified mail, postage prepaid, addressed to the person to be notified, at his last known residence or last known principal place of business in this State. 130-3. Definitions, as Used in This Act. (a) Person means any individual, firm, association, organization, partnership, business trust, corporation, or company. (b) Board or State Board means State Board of Health. (c) State Health Director means the executive officer of the State Board of Health. (d) Local health department includes district health department, county health department, city health department, and city-county health department. 1458 (e) Local board of health includes district board of health, county board of health, city board of health, and city-county board of health. (f) Local health director includes local health officer, county health officer, district health officer, city health officer, city-county health officer, county superintendent of health, county health director, or any other title by which the administrative head of a local health department is designated. (g) Licensed physician means a physician licensed to practice medicine in North Carolina. ARTICE 2 Administration of Public Health Law 130-4. State Board of Health Created. There is hereby created a State Board of Health. The Board shall consist of nine members, four of whom shall be elected by the Medical Society of the State of North Carolina and five of whom shall be appointed by the Governor. One of the members appointed by the Governor shall be a licensed pharmacist, one a reputable dairyman, one a licensed dentist, and one a licensed veterinarian. The members of the Board shall receive no pay, except that each member may receive ten dollars ($10.00) per diem, unless the Biennial Appropriations Act specifically provides otherwise, and necessary traveling and subsistence expenses when on actual duty in attending the meetings of the Board or of the executive committee or in pursuing special investigations in the State; but when attending meetings beyond the limits of the State, only actual traveling and subsistence shall be allowed. The executive office of the Board shall be in the capital city of the State of North Carolina. 130-5. Terms of Board Members. The members of the State Board of Health shall serve four-year, staggered terms. The Medical Society of the State of North Carolina shall elect two members each odd-numbered year to fill the vacancies created by the expiration of the terms of two members. The Governor shall appoint two members on or before May first, 1959, and three members on or before May first, 1961, to fill vacancies occurring in those years, such members to serve for a term of four years and their successors thereafter shall be appointed by the Governor. The terms of all members of the State Board of Health holding office on the date of the passage of this Chapter shall expire on the same date that their respective terms would have expired had this Chapter not been passed. At the expiration of the terms of the present members their successors shall be elected or appointed for a term of four years and until their successors have been duly elected or appointed and have qualified. The Medical Society of the State of North Carolina shall have the right to remove any member elected by it for cause, and the Governor shall have the right to remove any member appointed by him for cause. Vacancies on said Board among the membership elected by the Medical Society of the State of North Carolina shall be filled by the Executive Committee of the Medical Society until the next meeting of the Medical Society, when the Medical Society shall fill the vacancy for the unexpired term. Vacancies on said Board among the membership appointed by the Governor shall be filled by the Governor for the unexpired term. 1459 130-6. Officers and Executive Committee of State Board; State Health Director; Assistant State Health Director. The State Board of Health shall have a president, a vice president and an executive committee, said executive committee to have such powers and duties as may be assigned to it by the State Board of Health. The president shall be elected by and from the members of the Board and shall serve two years. The executive committee shall be composed of the president of the Board, ex officio, or his representative, and two other members of the Board to be elected by the Board from among its membership. The State Health Director shall serve as secretary and treasurer to the State Board of Health. There is hereby created the position of State Health Director. The State Health Director shall be elected by the Board, subject to the approval of the Governor, to serve for four years and until his successor has been elected and qualified. The State Health Director shall be licensed to practice medicine in the State of North Carolina, and shall be trained in, and shall have had experience in, public health work. The Board shall have the right to remove the State Health Director from office for cause. The State Health Director shall be the executive officer of the Board and shall devote his entire time to public health work as approved by the State Board of Health. He shall maintain an office in the capital city of the State of North Carolina. He shall perform such functions as may be designated by the State Board of Health or by law. The Board may appoint a full-time Assistant State Health Director, subject to the approval of the Governor. The Assistant State Health Director shall serve at the pleasure of the Board. The Assistant State Health Director shall perform such functions as shall be designated by the State Board of Health or by the State Health Director. He shall be subject to the provisions of Chapter 126 of the General Statutes of North Carolina. 130-7. Election Meetings. The meeting of the State Board of Health for the election of officers shall be at the first regular meeting after the conjoint session at the annual meeting of the Medical Society of the State of North Carolina in the year 1959 and every two years thereafter. 130-8. Regular and Special Meetings. Each year there shall be four regular meetings of the State Board of Health, one of which shall be held during the annual meeting and conjointly with a general session of the Medical Society of the State of North Carolina at a time and place designated by the State Board of Health and the program committee of the Medical Society of the State of North Carolina at which time and place the State Health Directors annual report shall be submitted. The other three meetings shall be at such times and places as the president of the Board shall designate. Special meetings of the State Board of Health may be called by the president, or by a majority of the members of the State Board of Health, through the State Health Director. The executive committee of the State Board of Health shall meet at such times and places as the president of the Board may determine to be necessary, and he may call such meetings through the State Health Director. 130-9. Powers and Duties of the State Board of Health. -1 The State Board of Health shall have the power and duty to determine the admin- 1460 istrative and general policies to be followed in the administration and conduct of the public health program to protect and promote public health, and shall have the power and duty to adopt, amend, and rescind rules and regulations under and not inconsistent with the laws of this State necessary to carry out the provisions and purposes of this Act and to enable the Board and its administrative staff to administer and enforce the public health laws of this State. Every regulation adopted by the State Board of Health shall state the date on which it takes effect, and a copy thereof, duly signed with the signature or facsimile of the signature of the State Health Director, shall be filed as required by G. S. 143, Article 18, and shall be filed as a public record in the State Board of Health and a copy thereof shall be sent to each local health department within the State, and shall be published in the State Board of Health Bulletin, and also shall be published in such additional manner as the State Health Director or State Board of Health may from time to time determine, and shall be published in such additional manner as may be required by law. Certified copies of such regulations and the amendments thereto shall be received in evidence in all courts or other official proceedings in the State. The Board is required to hold public hearings prior to the adoption of any rule or regulation. All rules and regulations heretofore adopted by the State Board of Health shall remain in full force and effect until repealed by the State Board of Health cr superseded by rules and regulations duly adopted by the State Board of Health. All rules and regulations adopted by the State Board of Health shall be enforced according to the laws of this State by its administrative staff or local health departments under the authority of the State Board of Health. When the local health departments are required to enforce the rules and regulations of the State Board of Health, the Board may specify that they are to do so under the supervision of the State Board of Health. -2 The State Board of Health is authorized to accept and allocate or expend any grants-in-aid for public health purposes which may be made available to the State by the Federal Government. This Chapter is to be liberally construed in order that the State and its citizens may benefit fully from such grants-in-aid. The Board is further authorized and empowered to make such rules and regulations, not inconsistent with the laws of this State, as may be required by the Federal Government for receiving such Federal funds. Any monies so received are to be deposited with the State Treasurer and are to be expended by the State Board of Health for the public health purposes specified. -8 The State Board of Health is authorized to establish and appoint as many special advisory committees as may be deemed necessary to advise and confer with the Board concerning the public health. Members of any special advisory committee shall serve without compensation but may be allowed actual and necessary travel and subsistence expenses when in attendance at meetings away from their places of residence. -4 The State Board of Health shall not have any power or authority to regulate or restrict the license to practice of any person licensed to practice under General Statutes Chapter 90 1461 130-10. Employees of State Board of Health. In order that the rules, regulations and directives of the State Board of Health may be enforced, the employees of the State Beard of Health shall perform such functions as shall be delegated to them by the State Board of Health or by law. The State Board of Health may employ such persons as are deemed necessary by the Board for the purpose of carrying out the provisions of this Chapter and the public health programs established thereunder. All such employees must meet the qualifications and conform to the provisions of Chapter 126 of the General Statutes of North Carolina. 180-11. Duties of the Administrative Staff of the State Board of Health. The administrative staff of the State Board of Health shall have and exercise such administrative duties and authority as may be assigned by the State Board of Health, including the following: 1 To enforce the State health laws and the rules and regulations established under and pursuant to the Public Health Law of North Carolina by the State Board of Health. 2 To investigate the causes of epidemics, and of infectious, communicable, and other diseases affecting the public health so as to prevent, insofar as possible, such diseases; and to provide, under the rules and regulations of the Board, for the detection, reporting, prevention, and control of communicable, infectious, occupational, or any other diseases or health hazards considered dangerous to the public health. 3 To develop and carry out, with the approval of the State Board of Health, reasonable health programs, not inconsistent with law, that may be necessary for the protection and promotion of the public health and the control of disease. 4 To make sanitary and health investigations and inspections authorized by this Chapter or by regulations prepared pursuant to said Chapter or authorized by other applicable provisions of law under the direction of the State Board of Health, including the making of such investigations and inspections in cooperation with local health departments. 5 To conduct studies and research concerning the prevention of disease, the promulgation of life and the promotion of physical health and mental efficiency of the people of the State; including occupational health hazards and occupational diseases arising in and out of the course of employment in industry; and to make recommendations for the elimination or the reduction of such occupational health hazards. 6 To receive gifts or donations of money, securities, equipment, supplies, realty, or any other property of any kind or description which may be used by the Board for the purpose of carrying out its public health programs. Any property so donated for such purposes is to be used in carrying out the public health programs. 7 To acquire by purchase, devise or otherwise, such equipment, supplies and other property, real or personal, as shall be necessary to carry out the public health programs. 8 To continue the use of the official seal, the impression and description of which are on file in the Office of the Secretary of State. Copies of the records and proceedings and copies of documents and papers in the pos- 1462 session of the State Board may be authenticated with the seal of the Board, attested by the signature or a facsimile of the signature of the State Health Director, and when so authenticated shall be received in evidence to the same extent and effect as the originals. 9 To disseminate to the general public, through any desirable and feasible means, information in all matters pertaining to public health; to purchase, print, publish, and distribute free, or at cost, documents, reports, bulletins and health informational materials. Money collected from the distribution of documents, reports, bulletins and health information materials shall remain in the Board to be used to replace said materials. 10 To be the health advisors of the State, and to advise State officials in regard to the location, sanitary construction, and health management of all State institutions, and to direct the attention of the State to such health matters as in their judgment affect the industries, property, health, and lives of the people of the State. The staff shall make or cause to be made an inspection at least once in each year, and may at such other times as it may be requested to do so by the State Board of Public Welfare or other State agency or institution, of public institutions and facilities including those subject to license or inspection by such State Board of Public Welfare or other State agency or institution. The staff shall make a report as to the health conditions of such agencies or institutions, with suggestions and recommendations, to their respective boards of directors or trustees and/or the licensing or inspecting authority; and it shall be the duty of the persons in immediate charge of said institutions or facilities to furnish all assistance necessary for a thorough inspection. 11 To be the nutrition advisors to the institutions owned and operated by the State, or any county, and to advise said institutions in regard to the nutritional adequacy of diets served to the patients or inmates therein. 12 To make a biennial report to the General Assembly through the Governor. 130-12. Duties of the State Health Director. The State Health Director shall have and exercise the following authorities and duties in addition to all other authorities and duties conferred upon him by the State Board of Health: 1 To be the secretary, treasurer, and executive officer of the State Board of Health. 2 With the approval of the State Board of Health, to establish such organizational units as he may deem necessary for the effective administration and enforcement of the public health laws, rules and regulations, and to abolish, change, or extend any organizational units so created or established. 3 To prescribe, with the approval of the State Board of Health, regulations not inconsistent with law for the government of the administrative staff, the conduct of its employees, the distribution and performance of its business, and the custody, use and preservation of the records, papers, books, documents, and property pertaining to the proper functioning of the State Board of Health and its administrative staff. 1463 4 By and with the approval of the State Board of Health, to hold hearings, administer oaths, subpoena witnesses and take testimony in all matters relating to the exercise and performance of the powers and duties vested in or imposed upon the Board. Whenever the State Health Director is responsible for the performance of any act, he may authorize a responsible employee of the State Board of Health or a local health director to perform the action for him; provided, that the delegation by the State Health Director of the performance of any such action to a responsible employee shall not relieve the State Health Director from any responsibility placed upon him by this Chapter. ARTICLE 3 Local Health Departments 130-13. County Health Departments. Each county is hereby authorized to operate a health department. The policy-making body for the county health department shall be a county beard of health composed of three or more ex officio and four public members. The ex officio members are the chairman of the board of county commissioners; the mayor of the city or town which is the county seat (if there is no such mayor, then the Clerk of the Superior Court cf the county) and the mayors of all other incorporated cities within the jurisdiction of the county health department which have a population in excess of 15,000 according to the latest decennial census; and the county superintendent of schools. The public members, heretofore selected for staggered four-year terms by the ex officio members, are to include a licensed physician, a licensed pharmacist, a licensed dentist, and a public-spirited citizen. Beginning with January, 1958, the ex officio members shall hold a meeting the first week in January of each year for the purpose of electing or appointing a public member to fill the vacancy created by the expiration of the term of a public member. When any of the three specified public members, namely a physician, a dentist, or a pharmacist, cannot be elected because there is no such perscn resident in the county, such place shall be filled with a public-spirited citizen. The terms of all members of a county board of health holding office on the date of the passage of this Chapter shall expire on the same date that their respective terms would have expired had this Chapter not been passed. At the expiration cf the terms of the present members their successors shall be elected or appointed for a term of four years and until their successors have been duly elected or appointed and have qualified. Upon the formation of a new county health department, the ex officio members shall name the four public members; one of the public members of the county board of health shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years; thereafter, all appointments shall be for a term of four years. The county board of health shall elect its own chairman. The county heaith director shall act as secretary to the county board of health, and a majority of the members of the county board of health shall constitute a quorum. 1464 These counties which now have special city-county boards of health, as authorized by any Private, Local, or Public-Local Act of the General Assembly, for the purpose of carrying on a joint health program, shall be exempted from the terms of this Section, unless the special city-county board of health shall vote by a two-thirds majority of all members to dissolve said special board of health, and shall so notify the State Health Director, in writing; in which event, the provisions of this Section shall apply. All vacancies in the membership of the public members of the county board of heaith shall be filled by the ex officio members at the next meeting of the county board of health following the creation of the vacancy. In case any public member is a public official or officer, his duties as a member of said county board of health shall be deemed to be ex officio. Public members of any county board of health shall be eligible for reelection or reappointment. 130-14. District Health Departments. Under rules and regulations established by the State Board of Health, district health departments including more than one county may be formed in lieu of county health departments for each of the counties involved when the following condition or conditions exist (a) When the funds derived from the tax levy made under the authority of G. S. 130-21 or such greater rate as the county may levy, plus available State and other funds, are insufficient to previde a minimum standard health department of one medical officer, two nurses, one sanitarian, one clerk, and a regular dental program, or (b) when, in the opinion of the State Board of Health, special problems or special projects arise which can be handled more advantageously on a district basis and the consolidation is approved by the State Board of Health and the board of health of each county involved. Where two or more counties are combined into a district health department, the policy-making body for the district health department shall be a district board of health composed of three or more ex officio members and four public members. The ex officio members shall be selected by the State Health Director. At least one of the ex officio members must come from each participating county, and the ex officio members shall include at least one chairman of a board of county commissioners, one mayor of a town which is the county seat, and one county superintendent of schools. The ex officio members shall be appointed during the first week of each December following the general election in which members of the General Assembly are elected and shall serve for a period of two years from and after the date of appointment. The public members are to serve four-year, staggered terms, with one member being elected by the ex officio members at an annual meeting during the first week of January of each year. One of the public members shall be a licensed dentist, one a licensed physician, one a licensed pharmacist, and the other shall be a public-spirited citizen. At least one public member must reside in each county, but not more than one half of the public membership may come from one county. If more than four counties form a district, an additional public member may be added for each courty in excess of four. Where any of the three specified public members, namely, a physician, a dentist, or a pharmacist, cannot be elected because there is no such person resident in 1465 the counties, such place shall be filled with a public-spirited citizen. The terms of all members of a district board of health holding office on the date of the passage of this Chapter shall expire on the same date that their respective terms would have expired had this Chapter not been passed. At the expiration of the terms of the present members, their successors shall be elected or appointed for the terms specified above and until their successors have been duly elected or appointed and have qualified. Upon the formation of a new district health department, the public members shall be appointed by the chairmen of the boards of county commissioners of the counties within the district, meeting jointly; one for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. All appointments of the public members thereafter shall be made by the ex officio members and said appointments shall be for a term of four years. In cases where more than three counties are combined into a district, there shall be at least one ex officio member, who is a chairman of the board of county commissioners, a mayor of the town which is the county seat, or a county superintendent of schools from each county. The district board of health shall elect its chairman. A majority of the members of the district board of health shall constitute a quorum and the district health director shall act as secretary to such board of health. All vacancies in the ex officio membership of a district board of health caused by death, resignation, or any reason other than expiration of a term, shall be filled by appointments made by the State Health Director. Such appointments shall be made from any of the public officers or officials specified above, and the duties of such public officials as members of said district board of health shall be ex officio duties. Appointments to fill vacancies of ex officio members shall be for the unexpired term of the member or members causing the vacancy or vacancies and shall extend until the time for the next regular appointments of ex officio members. All vacancies in membership of the public members of a district board of health shall be filled by the ex officio members at the next meeting of the district board of health following the creation of the vacancy. A member appointed to fill a vacancy of a public member shall be from the same county as the member causing the vacancy. In case any public member is a public officer or official, his membership and duties on the district board of health as a public member shall be deemed to be ex officio. In lieu of district boards of health as herein described, upon approval of the board of commissioners of each county in the district, counties forming or which have formed district health departments may establish and maintain separate county boards of health, organized as prescribed in G. S. 130-13, to perform for their respective counties the functions in relation to the district health department which would have been performed by the district board of health had one been created, and each such board may maintain a separate budget. 130-15. Removal of Board Members. Any member of a local board of health may be removed from office by the local board of health for cause. 1466 130-16. Compensation of Board Members. The members of a local board of health shall serve without compensation, except that they may receive eight dollars ($8.00) per diem for each day in attendance at a meeting of said board, plus necessary travel expenses; provided that this Act shall not repeal any local Act or Acts which authorize compensation to members of a local board of health in excess of eight dollars ($8.00) per diem plus necessary travel expenses. 130-17. Powers and Duties of Local Boards; Expenditures. (a) The local boards of health shall have the immediate care and responsibility of the health interests of their city, county or district. They shall meet quarterly, and any three members of the board, or the chairman of the board, shall be authorized to call a special meeting of the board, through the local health director, whenever in their or his opinion the public health interests of the city, county or district require it. All expenditures shall be made in accordance with appropriations duly made under the provisions of the County Fiscal Control Act. (b) The local boards of health shall make such rules and regulations, not inconsistent with law, as are necessary to protect and advance the public health. Where such rules and regulations deal with subject matter also covered by rules and regulations of the State Board of Health, and there is an emergency, or a peculiar local condition or circumstance, requiring such action in the interest of public health, the rules and regulations of the local boards may be more stringent, but not less stringent, than those of the State Board. In other instances where there is a conflict between the rules and regulations of the State Board and the local boards, the rules and regulations of the State Board shall prevail. All rules and regulations heretofore adopted by a local board of health shall remain in full force and effect until repealed by said local board of health or superseded by rules and regulations duly adopted by said local board of health. (c) The rules and regulations of a local board of health shall apply to municipalities within the area over which the local board has jurisdiction, but the local board (other than a city board of health) shall not enact any rules and regulations applying to one municipality only, except where circumstances peculiar to that municipality require more stringent rules and regulations. Where municipal ordinances deal with subject matter also covered by rules and regulations of a local board of health having jurisdiction over an area which includes the municipality, and there is an emergency, or a condition or circumstance peculiar to the municipality requiring such action in the interest of public health, the municipal ordinance may be more stringent, but not less stringent, than the rules and regulations of the local board of health. In other instances where there is a conflict between the rules and regulations of the local board and the municipal ordinance, the rules and regulations of the local board of health shall prevail. (d) Before any rules and regulations of a local board of health, or any amendments or alterations thereof, hereafter adopted, amended, or altered, shall have the force and effect of law, they shall be posted at the courthouse door of each county within the jurisdiction of the board of health, and pub- 1467 lished at least once a week for two successive weeks in a newspaper having general circulation within the area over which the board of health has jurisdiction. 130-18. Health Director. Each local board of health shall elect a health director meeting the qualifications set forth by the Merit System Council and subject to the provisions of Chapter 126 of the General Statutes. Each local board of health may terminate the services of such local health directer, subject to the provisions of Chapter 126 of the General Statutes of North Carolina. Emergency and temporary appointments of a local health director may be made, when necessary, with the approval of the State Health Director. When, in the case of a vacancy, the local board of health fails for a period of sixty days or more to elect a health director, the State Health Director may appoint a health director to fill the vacancy. The health director so appointed shall serve until the local board of health elects a health director. 180-19. Powers and Duties of Health Director. The local health director shall be the administrative head of the local health department, under the local board of health, and shall devote his full time to public health work, performing such duties as may be prescribed by law, by the local board of health, and by the State Board of Health. The local health director shall have general quarantine and sanitation authority, not inconsistent with State law, within the area which he serves. He shall disseminate public health information and promote the general public health. The county and city boards of education, the county and city superintendents of schools, the principals and teachers in the public schools, and the local health director shall cooperate to the end that better health will be promoted. among the school children of the area served by such local health director. 130-20. Abatement of Nuisances. Whenever and wherever a nuisance shall exist which in the opinion of the local health director is dangerous to the public health, it shall be his duty to notify in writing the person or persons responsible for its continuance, of the character of the nuisance and the means of abating it. The person or persons so notified shall proceed to abate the nuisance; provided that the person or persons so notified, within a reasonable time may appeal from the decision of the local health director to the local board of health. Upon receipt of notification of such appeal the local board of health shall grant a hearing, and if upon hearing of the matter, the local board of health finds that a nuisance does exist which is dangerous to the public health, then the person or persons responsible for the nuisance shall promptly proceed to abate it; provided that such person or persons may appeal from the decision of the local board of health to the Superior Court. If the person or persons responsible for the nuisance fails to abate it after notification by the local health director or after order to do so by the local board of health upon appeal to it or after order to do so by the Superior Court upon appeal to it, he shall be guilty of a misdemeanor. Whenever and wherever a nuisance shail exist which is dangerous to the public health and such nuisance is of a character as to require in the interest of the public health immediate abatement or discontinuance the local heaith director may bring a proceeding in the Superior Court of the 1468 county in which the nuisance exists for the abatement of such nuisance and the Superior Court may upon hearing and for good cause shown enjoin the continuance of the condition creating the nuisance, irrespective of all other remedies at law. 130-21. Special Tax for Health Purposes. The board of county commissioners of each county is hereby authorized to levy at any time a special tax for the preservation and promotion of the public health. This includes authority to appropriate annually and from time to time public monies for the maintenance and operation of a health department, and authority to appropriate annually and from time to time public funds for the purchase, acquisition, erection, maintenance, alteration and repair of a building or buildings necessary to house and quarter a local health department; expenditures for all of these purposes are hereby declared to be necessary expenses, and the special approval of the General Assembly to levy special taxes therefor is hereby given. 180-22. Municipal Health Departments. The governing authorities of each city and town in North Carolina shall have the power and authority to appropriate annually and from time to time public monies for the maintenance and operation of a health department, including those which have heretofore been created and are existing as a joint city and county department of health, and to appropriate annually and from time to time public funds for the purchase, acquisition, erection, maintenance, alteration and repair of a building or buildings necessary to house and quarter such health department; expenditures for all of these purposes are hereby declared to be necessary expenses, and the special approval of the General Assembly to levy special taxes therefor is hereby given. 130-28. County Physician. The county commissioners of each county are authorized to employ a county physician. The person employed to perform the duties of county physician shall not be required to take an oath, and shall not be required to post bond, shall serve at the will of the county commissioners, and shall not be deemed to be holding a public office within the meaning of Article 14, 7 of the Constitution of North Carolina. The salary of the county physician shall be paid by the board of county commissioners at such time and in such sum or amount as may be mutually agreed upon between the board of county commissioners and the county physician. The county physician shall have the right to employ any other regularly licensed physician of his county to perform any or all of the duties pertaining to his function when, in his judgment, it is desirable to do so; but the terms under which said physician is employed by the county physician shall be approved by the board of county commissioners. The board of county commissioners shall prescribe the duties, not inconsistent with law, the county physician is to perform. The person employed as county physician may be appointed as county medical examiner under the provisions of G. S. 130-197. The county commissioners of each county are authorized to require the local health director to serve as county physician. 1469 ARTICLE 4 Incorporation of Health Codes by Reference 130-24. Adoption of Health Codes by References. The State Board of Health, or any local board of health may, in its rules and regulations promulgated under authority of this Chapter, adopt by reference a code or any parts thereof, without setting forth in full the code or parts thereof, provided that copies of such code or such parts thereof and any related documents are filed in accordance with G. S. 130-25. The requirements of this Chapter regarding the publication and posting of rules and regulations shall not apply to any code or parts of any code or related documents adopted by reference in any rules and regulations. For the purposes of this Article, code means a printed code, regulation or set of regulations, standard or set of standards, or ordinances prepared as a model or standard concerning, affecting, or relating to a subject regulated in the interests of the public health. Related documents, as herein used, means any printed document or part thereof adopted by reference in a code directly, or by successive adoptions by reference through other printed documents. Printed includes lithographing and any other method of duplicating. 130-25. Filing of Codes Adopted by Reference. Copies of such code or such parts thereof and the related documents adopted by reference under the provisions of this Article shall be filed by the State Board of Health with the Secretary of State as required by G. S. 143-195, or shall be filed by the local boards of health with the Clerk of the Superior Court in the county, or counties, within the jurisdiction of the local board of health. 130-26. Changes in Codes Adopted by Reference. Changes in any code or related documents incorporated by reference into the rules and regulations of the State Board of Health or local boards of health shall not alter or affect the rules and regulations until the change has been adopted by the State Board of Health or local board of health as a part of its rules and regulations. ARTICLE 5 Mental Health Outpatient Clinics 180-27. Designation of State Board of Health. The State Board of Health is hereby designated as the States mental health authority for purposes of administering Federal funds allotted to North Carolina under the provisions of the National Mental Health Act and similar Federal legislation pertaining to mental health activities. The State Board of Health is further designated as the State agency authorized to establish and administer minimum standards and requirements for mental health clinics as condition for participation in Federal-State grants-in-aid, and is authorized to promote and develop community mental health outpatient clinics in accordance with the State policy hereafter expressed: Provided, that nothing in this Article shall be construed to prohibit the operation of outpatient mental clinics by the North Carolina Hospitals Board of Control under the provisions of G. S, 122-11.6, or the operation of an outpatient mental clinic at the North Carolina Memorial Hospital in Chapel Hill. 1470 130-28. State Policy. It shall be the policy of the State to develop programs pertaining to mental health clinics and related activities in accordance with the traditional State-local partnership in health affairs. It shall be the policy of the State to promote the establishment of mental health outpatient clinics only in those localities which have shown a readiness to contribute to the financial support of such clinics, assisted by Federal and State grants-in-aid to the extent available. 130-29. Authority of Local Governmental Units. The governing authorities of local governmental units are authorized to appropriate funds for the support or partial support of outpatient mental clinics which serve such localities whether or not the facilities of the clinic are physically located within the boundaries of such cities, towns or counties, and whether or not such clinics are owned or operated by the local governmental units, and such support or partial support is hereby declared to be a necessary expense within the meaning of Article VII, Section 7 of the North Carolina Constitution. ARTICLE 6 State Laboratory of Hygiene 130-30. Laboratory Established. For the better protection of the public health there is established under the control and management of the State Board of Health a State Laboratory of Hygiene. 130-31. To Analyze Potable Waters. The State Board of Health shall cause to be made monthly examinations of samples from all the public water supplies of the State. Any water supply furnishing potable water to ten or more residences or businesses or combination of residences or businesses, shall be deemed a public water supply. The laboratory shall also examine monthly samples of all waters sold within the State in bottle or other package, and of all spring waters maintained for human consumption in connection with any hotel, park, or resort within the State. However, such spring waters need be examined only during periods when such hotels, parks, or resorts are open for the accommodation of the public. The State Board of Health shall also examine any other waters when a specimen is sent to the State Laboratory of Hygiene by a local health director or a licensed physician. When examinations made pursuant to this Article disclose that any waters contain intestinal microorganisms or other evidence of contamination, immediate notice shall be given to the suppliers of such waters, and such waters shall thereafter be examined at least weekly until evidence of contamination is no longer present. The State Board of Health may order the cessation of the supplying of water found to be contaminated, when such action is necessary for the protection of the public health. 130-32. Fees for Analyzing Waters. The State Board of Health shall collect from every supplier of water from a public water supply as defined in G. 8 180-31 and from every supplier of water in bottles or otherwise, an annual examination fee, payable quarterly, to be determined as follows: Where the gross sales for the previous year are two thousand dollars ($2,000.00) or more, the annual fee is to be sixty-four dollars ($64.00) ; 1471 where the gross sales for the previous year are one thousand five hundred dollars ($1,500.00) or more but less than two thousand dollars ($2,000.00), the annual fee is to be fifty dollars ($50.00) ; where the gross sales for the previous year are one thousand dollars ($1,000.00) or more but less than one thousand five hundred dollars ($1,500.00), the annual fee is to be forty dollars ($40.00); where the gross sales for the previous year are five hundred dollars ($500.00) or more but less than one thousand dollars ($1,000.00), the annual fee is to be thirty dollars ($30.00); where the gross sales for the previous year are two hundred and fifty dollars ($250.00) or more but less than five hundred dollars ($500.00), the annual fee is to be twenty dollars ($20.00); where the gross sales for the previous year are less than two hundred and fifty dollars ($250.00), the annual fee is to be fifteen dollars ($15.00). For any spring connected with a hotel, park or resort, an annual examination fee of fifteen dollars ($15.00) shall be charged, in addition to the fees named above for spring water sold in bottle or otherwise. In cases where water is supplied without charge, the fee for the water inspection shall be the same as if the supplier had charged each residence or business one dollar ($1.00) per month for the water supplied. When any person, firm or corporation is delinquent in the payment of the fees provided by this Article, the State Health Director shall notify the Attorney General of such delinquency. The Attorney General may institute an. action in the Superior Court of the county in which such delinquent person, firm or corporation resides or is situate for the collection of said delinquent fees. Any judgment rendered against a delinquent in such an action shall constitute a lien as provided by the terms of G. S. 1-234. 130-33. Duty of Seller to Make Reports and Transmit Samples. Every person, firm, or corporation supplying water, as set forth in G. S. 130-31, shall file with the treasurer of the State Board of Health annually in the month of January an affidavit as to the gross amount received from sales of water for the previous calendar vear, unless such person, firm or corporation is paying the maximum fee for that year; or, if water were supplied without charge, the gross amount computed on the basis of the second paragraph of G. S. 130-32. Failure to file such affidavit within the time prescribed shall subject the person, firm or corporation to the maximum fee for the current year. Samples shall be transmitted within five days of receipt of sterilized containers from the State Laboratory of Hygiene. Transportation charges shall be paid by the sender. In the case of bottled waters, the State Board of Health is authorized to examine sampies purchased by it in the open market, in addition to those furnished the Board under the provisions of this Article. 130-34. Nonresidents Fees. Any nonresident person or firm, or foreign corporation who shall sell or offer for sale any water for consumption in this State shall pay the same examination fees as are paid by resident sellers; provided, that satisfactory evidence of purity furnished by the state health laboratories of other states agreeing to reciprocate in the matter with this State shall be accepted in lieu of the license fees. 1472 8130-35. To Make Other Examinations. The State Board of Health is authorized to make in its laboratory such other examinations as the public health may require. ARTICLE 7 Vital Statistics 130-36. State Board of Health to Enforce Regulations. The State Board of Health shall have charge of the registration of births and deaths, shall prepare the necessary instructions, forms and blanks for obtaining and preserving such records, and shall procure the faithful registration of the same in each local registration district as constituted in the succeeding Section, and in the Central Office of Vital Statistics at the capital of the State. The said Board shall be charged with the uniform and thorough enforcement of the provisions of this Article throughout the State, and shall from time to time recommend to the General Assembly any additional legislation that may be necessary for this purpose. 130-37. State Registrar. The State Health Director shall be State Registrar of Vital Statistics, and shall have general supervision over the Central Office of Vital Statistics, which is hereby established. 130-38. Registration Districts. For the purposes of this Article, the State shall be divided into local registration districts as follows: Each city or incorporated town with a population of twenty-five hundred -2500 or over according to the latest decennial census, each township, each county, and each area served by a local health department, or any combination of the above governmental units, as designated by the State Registrar. _1380-39. Control of State Registrar over Local Districts. The State Registrar shall have authority to abolish or consolidate existing registration districts, and/or create new districts when economy and efficiency and the interests of the public service may be promoted thereby. 180-40. Appointment of Local Registrar. Whenever the State Bourd of Health fails to exercise the authority granted to it under the provisions of G. S. 130-41 to designate and appoint the local health director as local registrar for a county, the chairman of the board of county commissioners of such county shall appoint a local registrar of vital statistics for each incorporated city or town of twenty-five hundred -2500 population and over and for each township or any combination thereof in his county, and shall notify the State Registrar in writing of the name and address of each local registrar so appointed. The term of office of each local registrar so appointed shall be four years, beginning with the first day of January of the year for which the local registrar is appointed, and until his successor has been appointed and has qualified, unless such office shall sooner become vacant by death, disqualification, operation of law, or other cause. Any vacancy occurring in the office of local registrar of vital statistics shall be filled for the unexpired term by the chairman of the board of county commissioners, except where the local health director is appointed under the provisions of G, S. 130-41. On the making of such appointment, the chairman of the board of county commissioners shall notify the State Registrar, in writing, of the name and address of the local registrar so appointed. At 1473 least ten days before the expiration of the term of office of any local registrar appointed under the provisions of this Section, a successor shall be appointed by the chairman of the board of county commissioners. Except for local health directors serving as local registrar, each local registrar shall be a bona fide resident of the local registration district for which he is appointed; and removal from the district shall terminate his appointment. 130-41. Local Health Director May Act as Registrar. The State Board of Health shall have authority and power to designate and appoint the local health director as registrar for the area over which he has jurisdiction, or any fractional part or parts thereof, when such action shall be deemed wise. In such case, the fees accruing from the vital statistics registration service, where such service is performed by the local health director under such appointment, shall be used by the local health department for health services. 130-42. Removal of Local Registrar. Any local registrar who, in the judgment of the State Registrar, fails or neglects to discharge efficiently the duties of his office as laid down in this Article, or who fails to make prompt and complete returns of all births and deaths, as required by this Article, shall be forthwith removed from his office by the State Registrar, and such other penalties may be imposed as are provided under the provisions of this Article. 130-43. Appointment of Deputy and Sub-Registrars. Each local registrar shall, immediately upon his acceptance of appointment as such, appoint a deputy, whose duty it shall be to act in his stead in case of absence, illness, or disability, and such deputy shall in writing accept such appointment, and be subject to all rules and regulations governing local registrars. When it may appear necessary, the local registrar is hereby authorized, with the approval of the State Registrar, to appoint one or more suitable persons to act as sub-registrars, who shall be authorized to receive certificates and to issue burial-transit permits in and for such portions of the district as may be designated; and each sub-registrar shall enter the date the certificate was received by him and shall forward all certificates to the local registrar of the district within ten days, and in all cases before the third day of the following month: Provided, that each sub-registrar shall be subject to the supervision and control of the State Registrar and may be by him removed for neglect or failure to perform his duties in accordance with the provisions of this Article or the rules and regulations of the State Registrar, and he shall be subject to the same penalties for neglect of duties as the local registrar. 130-44. Burial-Transit Permit Authorizing Burial or Other Disposition of Body. The body of any person whose death occurs in this State, or which shall be found dead therein, shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, or removed from or into any registration district, or be temporarily held pending further disposition more than seventy-two hours after death, unless a burial-transit permit authorizing a burial, removal, or other disposition thereof shall have been properly issued by the local registrar of the registration district in which the death occurred or the body was found. No such burial-transit permit 1474 shall be issued by any registrar until a complete and satisfactory certificate of death has been filed with him as hereinafter previded unless otherwise authorized by the State Registrar. No dead body may be transported into a registration district in North Carolina for burial or other disposition unless accompanied by a burial-transit permit issued in accordance with the law and health regulations of the place where the death occurred. Such permit shall be authority for burial or other disposition of the body. No local registrar shall receive any fee for the issuance of burial-transit permits under this Article. 130-45. Fetal Deaths to be Registered. A stillborn child shall be registered as a fetal death on a fetal death (stillbirth) certificate when the child has advanced to at least the twentieth (20th) week of uterogestation. The fetal death certificate shall contain such information as may be prescribed by the State Registrar. A burial-transit permit shall be required prior to any final disposition of the fetus, or prior to removing the fetus from or into any registration district. The medical certificate of the cause of death shall be signed by the attending physician, if any, and shall state the cause of fetal death. When a fetal death is attended by a midwife, the midwife shall sign as the attendant, but shall not sign the medical certificate of fetal death; but such cases, and fetal deaths occurring without attendance of either physician or midwife, shall be treated as deaths without medical attendance as provided for in G. S. 130-47. 130-46. Contents of Death Certificate. The certificate of death shall contain, as a minimum, those items prescribed and specified on the standard certificate of death as prepared by the national agency in charge of vital statistics except as the same may be changed or amended by the North Carolina State Registrar of Vital Statistics. The personal and statistical particulars shall be authenticated by the signature of the informant, who may be any competent person acquainted with the facts. The statement of facts relating to the disposition of the body shall be signed by the undertaker or person acting as such. The medical certificate shall be made and signed by the physician, if any, who last treated the deceased for the disease or injury which caused death, and such physician shall specify the time in attendance, the time he last saw the deceased alive, and the hour of the day at which death occurred, and he shall further state the cause of death. Indefinite and unsatisfactory terms, denoting only symptoms of disease or conditions resulting from disease, will not be held sufficient for the issuance of a burialtransit permit; and any certificate containing any such indefinite or unsatisfactory terms, as defined by the State Registrar, shall be returned to the physician or person making the medical certificate for correction and more definite statement. In deaths in hospitals, institutions, or of nonresidents, the physician shall supply the information required above, if he is able to do so, and may state where, in his opinion, the disease was contracted. 130-47. Death Without Medical Attendance; Duty of Undertaker and Officials. In case of death occurring without medical attendance, it shall be the duty of the undertaker or person acting as such to notify the local 1475 registrar of such death, and when so notified the registrar shall, prior to the issuance of the buria!l-transit permit, inform the local health director and refer the case to him for immediate investigation and certification; provided, the board of county commissioners of any county may designate the coroner to perform such duties in lieu of the local health director, if the coroner is a licensed physician, and when such designation is made by the board of county commissioners, the registrar shall, prior to the issuance of the burial-transit permit inform the coroner and refer the case to him for immediate investigation and certification. When any board of county commissioners designates the coroner to perform such duties in lieu of the local health director, the board ef county commissioners may pay the coroner a fee or salary for such investigation, in an amount to be determined by the board of county commissioners. Nothing herein contained shall prevent any medical examiner appointed under the provisions of Article 21 of this Chapter from making such investigation and certification when required to do so under the provisions of said Article. When there is no medical examiner, local health director or person acting as local health director, the registrar shall refer the case to the coroner or other proper officer for investigation and certification, who shall make the certificate of death required for a-burial-transit permit, stating therein the name of the disease causing death; or, if from external causes, -1 the means of death, and -2 whether (probably) accidental, suicidal, or homicidal; and shall, in any case, furnish such information as may be required by the State Registrar in order properly to classify the death. 130-48. Preparation of Death Certificates for Members of the Armed Forees Dying Outside of the United States. The State Registrar of Vital Statistics, upon presentation of an official notice of death from the United States Government for a member of the armed forces dying outside of the United States, shall prepare a death certificate showing such facts pertaining to such death as may be available from the government notice. Such certificate shall.be placed on file in the office of the State Registrar and shall be permanently preserved. The State Registrar of Vital Statistics shall forward a copy of such certificate to the register of deeds of the county of the last known residence of such deceased person. Certified copies of such certificates shall be prepared by the State Registrar or his duly authorized agent, upon request and such copies shall be accepted as prima facie evidence of the facts stated therein. 130-49. Undertaker to File Death Certificate and Obtain Burial- Trane sit Permit. The undertaker or any other person disposing of or removing a dead body or the remains, shall file the certificate of death, or fetal death, with the local registrar of the district in which the death occurred. He shall obtain a burial-transit permit prior to any disposition or removal of the body or remains. He shall file the certificate of death or fetal death with the local registrar prior to obtaining the burial-transit permit unless otherwise authorized by the State Registrar. He shall obtain the required personal and statistical particulars from the person best qualified to supply them, over the signature and address of his informant, and shall present the certificate to the attending physician, if any, and if none to the medical examiner, 1476 local health director or coroner, as directed by the local registrar, for the medical certificate of the cause of death and other particulars necessary to complete the record, as specified in G. S. 180-46 and G. 8 130-47. He shall then state the facts required relative to the date and place of burial, over his signature and with his address, and present the completed certificate to the local registrar in order to obtain a burial-transit permit for burial, removal or other disposition of the body. He shall deliver the burial-transit permit to the person in charge of the place of burial, before interring or otherwise disposing of the body; or shall attach the burial-transit permit to the box containing the corpse, when shipped by any transportation company, this burial-transit permit to accompany the corpse to its destination, where, if within the State, it shall be delivered to the person in charge of the place of burial. $130-50. Sales of Coffins or Caskets Regulated. Every person, firm, or corporation selling a coffin or casket shall keep a record showing the name of the purchaser, purchasers post-office address, name of deceased, date of death, and place of death of deceased, which record shall be open to inspection of the State Registrar or his agent at all times. On the first day of each month the persen, firm, or corporation selling ccffins or caskets shail report to the State Registrar each sale for the preceding month, on a blank provided for that purpose. But no person, firm, or corporation selling coffins or caskets to dealers or undertakers only shail be required to keep such record, nor shall such report be required from undertakers when they have direct charge of the disposition cf a dead body. Every person, firm, or corporation selling a coffin or casket at retail, and not having charge of the disposition of the body, shall enclose within the casket a notice furnished by the State Registrar, cailing attention to the requirements of the law, a blank certificate cf death, and the rules and regulations of the State Board of Health concerning the burial or other disposition of a dead body. 130-51. Contents of Burial-Transit Permit. The burial-transit permit shall contain, as a minimum, those items prescribed and specified by the national agency in charge of vital statistics except as the same may be amended or changed by the North Carolina State Registrar of Vital Statistics. 130-52. Interment Without Buriai-Transit Permit Forbidden. No person in charge of any premises in which interments are made shall inter or permit the interment, disinterment, or other disposition of any body unless it is accompanied by a burial-transit permit, as herein provided. Such person shall endorse upon the burial-transit permit the date of interment, or disinterment over his signature, and shall return all burial-transit permits so endorsed to the iocal registrar of his district within ten days from the date of disposal. He shall aiso keep a record of all bodies interred or otherwise disposed of on the premises under his charge, in each case stating the name of each deceased person, place of death, date of burial or disposal, and the name and address of the undertaker; which record shall at all times be open to official inspection. When burying a body in a cemetery or burial ground having no person in charge, the undertaker, or person acting as such, shall sign the burial-transit permit, giving the date of burial, and shall write 1477 across the face of the burial-transit permit the words No person in charge, and file the burial-transit permit within ten days with the registrar of the district in which the cemetery is located. 130-53. Registration of Births. The birth of every child born in this State shall be registered as hereinafter provided. 130-54. Birth Certificate to be Filed Within Five Days. Within five days after the date of each live birth there shall be filed with the local registrar of the district in which the birth occurred a certificate of such birth, which certificate shall be upon the form adopted by the State Board of Health, with a view of procuring a full and accurate report with respect to the contents prescribed in G. S. 130-58. Where a physician, midwife, or person acting as midwife, was in attendance upon the birth, it shall be the duty of such person to file the required certificate. Where there was no physician, midwife, or person acting as midwife, in attendance upon the birth, it shall be the duty of the father or mother of the child, the householder or owner of the premises where the birth occurred, or the manager or superintendent of the public or private institution where the birth occurred, each in the order named, within five days after the date of the birth, to report the fact to the local registrar. In such case and in case the physician, midwife, or person acting as midwife, in attendance is unable, by diligent inquiry, to obtain any of the items specified on the certificate, it is the duty of the local registrar to secure from the person reporting the birth, or from any other person who knows the facts, information to enable him to prepare the required certificate of birth, and it is the duty of the person questioned to answer correctly to the best of his knowledge all such questions, and to verify his statement by his signature, when requested to do so by the local registrar. 130-55. Registration of Birth Certificate More Than Five Days and Less Than Four Years After Birth. Any birth may be registered more than five days and less than four years after birth in the same manner as births are registered under this Article within five days of birth. Such registration shall have the same force and effect as if the registration had occurred within five days of birth: Provided, such registration shall not relieve any person of criminal liability for the failure to register such birth within five days of birth as required by G. S. 130-54. 8130-56. Registration of Birth Certificate Four Years or More After Birth. The State Board of Health is authorized to promulgate rules and regulations under which any birth which has not been registered with the Office of Vital Statistics within four years after birth, as provided in G. S. 130-54 and G. S. 130-55, may be registered with the register of deeds of the county in which the birth occurred: Provided, such registration shall not relieve any person of criminal liability for the failure to register such birth within five days of birth as required by G. S. 130-54. Each such birth must be registered in duplicate on forms approved by the State Board of Health and furnished by the State Registrar. The register of deeds shall forward the original and duplicate certificate to the Office of Vital Statistics for final approval. If the certificate complies with the rules and regulations of 1478 the State Board of Health and has not been previously registered, the State Registrar shall file the original and return the duplicate to the register of deeds for recording. Certificates registered with the register of deeds under this Section shall contain the date of the delayed filing and be distinctly marked Delayed; and those altered after being filed shall contain the date of alteration and be distinctly marked Altered. All copies of birth certificates registered under the provisions of this Section, properly certified by the State Registrar, shall have the same evidentiary value as those registered within five days after birth. The register of deeds shall be entitled to a fee of one dollar ($1.00) for such registration, to include the issuance of one certified copy, and a fee of fifty cents (50) for each additional certified copy issued by him, to be paid by the applicant. 130-57. Register of Deeds May Perform Notarial Acts. The register of deeds is hereby authorized to take acknowledgments, administer oaths and affirmations, and to perform all other notarial acts necessary for the registration of a birth certificate four years or more after the birth. The register of deeds shall be entitled to a fee of fifty cents (50) for each acknowledgment, oath, affirmation, or other notarial act performed by him, when such acknowledgment, oath, affirmation, or other notarial act is sealed with his official seal, such fee or fees to be paid by the applicant. All acknowledgments taken, affirmations or oaths administered, or other notarial acts performed by the register of deeds, prior to the ratification of this Section, relative to the registration of birth certificates four years or more after birth, are hereby validated. 130-58. Contents of Birth Certificate. The certificate of birth shall contain, as a minimum, those items prescribed and specified on the standard certificate of birth as prepared by the national agency in charge of vital statistics, except as the same may be amended or changed by the North Carolina State Registrar of Vital Statistics: Provided, that in case of a child born out of wedlock, the fathers name shall not be shown on the certificate without his written consent under oath, and, provided, further, that in case of a child born out of wedlock, the last name of the child shall be the same as that of the mother, or, if requested in writing and under oath, the name of the child shall be the same as the person or persons caring for the child when such request is made by both the mother of the child and the person or persons caring for the child, or, if the mother of the child is deceased, or her whereabouts shall have been unknown for a period of three years, then the person or persons caring for such child may make such a request for such change. Where it has been adjudicated in a court of competent jurisdiction that a mother has abandoned her child, then the consent required of the mother by this Section shall not be necessary. 130-59. Validation of Irregular Registration of Birth Certificates. The registration and filing with the office of Vital Statistics of the birth certificate of any person whose birth has not been registered within five days of birth under G. S. 130-54 is hereby validated. All copies of birth certificates filed prior to April 9, 1941, properly certified by the State Registrar, shall 1479 have the same evidentiary value as if the birth had been registered within five days of such birth as provided by G. 8S. 130-54. 130-60. Blank Furnished for Report of Name. When any certificate of birth of a living child is presented without the statement of the given name, then the local registrar shall make out and deliver to the parents of the child a special blank for the supplemental report of the given name of the child, which shall be filled out as directed, and returned to the local registrar as soon as the child shall have been named. 130-61. Institutions to Keep Records of Inmates. All superintendents or managers, or other persons in charge of hospitals, lying-in or other institutions, public or private, to which persons resort for treatment of diseases, or confinement, or to which persons are committed by process of law, shall make a record of all the personal and statistical particulars relative to the inmates or patients in their institutions. Such records shall be in the form of the certificates provided for by this Article, as directed by the State Registrar. This information must be obtained at the time of the inmates or patients admittance or as soon thereafter as practicable, but in any event prior to the discharge of said inmate or patient. In case of persons admitted or committed for treatment of disease, the physician in charge shall specify for entry in the record the nature of the disease, and where, in his opinion, it was contracted. The personal particulars and information required by this Section shall be obtained from the individual himself if it is practicable to do so; and when they cannot be so obtained, they shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts. 130-62. Certificate of Identification in Lieu of Birth Certificate Where Parentage Cannot Be Established. A certificate of identification for a foundling child whose parentage cannot be established shall be filed by the juvenile court which determines that the child is a foundling, with the local registrar of vital statistics of the district in which the child was found. This certificate of identification shall contain such information and be in such form as the State Board of Health may prescribe and shall serve in lieu of a birth certificate. 8180-63. Certificate of Identification for Child of Foreign Birth. In the case of an adopted child born in a foreign country and having legal settlement in this State, the State Registrar shall, upon the presentation of a certified copy of the original birth certificate from the country of birth and a copy of the final order of adoption signed by the clerk of court or other appropriate official prepare a certificate of identification for such child. The certificate shall contain the same information as is required by G. S. 48-29(a) for children adopted in this State, except that the country of birth shall be specied in lieu of the state of birth. 180-64. State Registrar to Supply Blanks; to Perfect and Preserve Birth and Death Certificates. The State Registrar shall prepare, have printed, and supply to all registrars all blanks and forms used in registering, recording, and preserving the returns, or in otherwise carrying out the purposes of this Article; and shall prepare and issue such detailed instructions as may be required to procure the uniform observance of its provisions 1480 and the maintenance of a perfect system of registration; and no other blanks shall be used than those supplied by the State Registrar. He shall carefully examine the certificate received monthly from the local registrars, and if any such are incomplete or unsatisfactory he shall require such further information to be supplied as may be necessary to make the record complete and satisfactory. All physicians, midwives, informants, or undertakers, and all other persons having knowledge of the facts are hereby required to suppy, upon a form provided by the State Registrar or upon the original certificate, such information as they may possess regarding any birth or death upon demand of the State Registrar, in person, by mail, or through the local registrar. The State Registrar shall further arrange, bind, and permanently preserve the certificates in a systematic manner, and shall prepare and maintain a comprehensive and continuous index of all births and deaths registered. Adequate fireproof space in one of the State buildings for filing the birth and death records made and returned under this Article shall be provided by the General Services Division. No persons other than those authorized by the State Registrar shall have access to any original birth and death records. 130-64.1. Amendment of Birth and Death Certificate. No certificate of birth or death, after its acceptance for registration by the State Registrar, and no other record made in pursuance of this Article, shall be altered or changed in any respect otherwise than by amendment requests properly dated, signed and witnessed: Provided, that the State Registrar may promulgate rules and regulations governing the type and amount of proof of the correctness of the change or amendment which must accompany the request for a change or amendment in the certificate of birth or death, or other record made in pursuance of this Article: Provided, further, that a new certificate of birth shall be made by the State Registrar whenever: (a) Proof is submitted to the State Registrar that the previously unwed parents of a person have intermarried subsequent to the birth of such person; (b) When notification is received by the State Registrar from the clerk of a court of competent jurisdiction of a judgment, order, or decree disclosing different or additional information relating to the parentage of a person; (c) Satisfactory proof is submitted to the State Registrar that there has been entered in a court of competent jurisdiction a judgment, order, or decree disclosing different or additional information relating to the parentage of a person. When a new certificate of birth is made the State Registrar shall substitute such new certificate for the certificate of birth then on file, if any, and shall forward a copy of the new certificate to the register of deeds of the county of birth, and the copy of the certificate of birth on file with the register of deeds, if any, shall be replaced with the new copy. The State Registrar shall place the original certificate of birth and all papers pertaining to the new certificate of birth under seal. Such seal shall not be broken except by an order of a court of competent jurisdiction. Thereafter, when a 1481 certified copy of the certificate of birth of such person is issued, it shall be a copy of the new certificate of birth, except when an order of a court of competent jurisdiction shall require the issuance of a copy of the original certificate of birth. 130-65. To Inform Registrars as to Dangerous Diseases. The State Registrar shall inform all registrars what diseases are to be considered infectious, contagious, or communicable and dangerous to the public health, as decided by the State Board of Health, in order that when deaths occur from such diseases proper precautions may be taken to prevent their spread. 130-66. Birth Certificate as Evidence. Certified copies of birth certificates shall be accepted by public school authorities in this State as prima facie evidence of the age of children registering for school attendance, and no other proof need be required. In addition, certified copies of birth certificates shall be required by all factory inspectors, and employers of youthful labor, as prima facie proof of age, and no other proof need be required. When, however, it is not possible to secure such certified copy of birth certificate for any child, the school authorities and factory inspectors may accept as secondary proof of age any competent evidence by which the age of persons is usually established. 130-67. Church and Other Records Filed and Indexed; Fees for Transcript. If any cemetery company or association, or any church or historical society or association, or any other company, society, or association, or any individual, is in possession of any record of births or deaths which may be of value in establishing the genealogy of any resident of this State, such company, society, association, or individual may file such record or a duly authenticated transcript thereof with the State Registrar, and it shall be the duty of the State Registrar to preserve such record or transcript and to make a record and index thereof in such form as to facilitate the finding of any vital information contained therein. Such record and index shall be open to inspection by the public, subject to such reasonable conditions as the State Registrar may prescribe. If any person desires a transcript of any record filed in accordance herewith, the State Registrar shall furnish the same upon application, together with a certificate that it is a TRUE copy of such record, as filed in his office, and for his services in so furnishing such transcript and certificate he shall be entitled to a fee of fifty cents (50) per hour or fraction of an hour necessarily consumed in making such transcript or photocopy, and to a fee of fifty cents (50) for the certificate, which fees shall be paid by the applicant. 130-68. Clerk of Court to Furnish State Registrar with Facts as to Paternity of Illegitimate Children Judicially Determined. Upon the entry of a judgment determining the paternity of an illegitimate child, the clerk of the court in which such judgment is entered shall notify in writing the State Registrar of Vital Statistics of the name of the person against whom such judgment has been entered, together with such other facts disclosed by the record as may assist in identifying the record of the birth of the child as the same may appear in the office of the said Registrar. If such judgment 1482 shall thereafter be modified or vacated, that fact shall be reported by the clerk to the State Registrar in the same manner. Upon receipt of said notification the State Registrar shall record the information upon the birth certificate of the illegitimate child: Provided, however, that unless the judgment, order, or decree discloses that the child has been legitimated under the provisions of G. S. 49-10 or G. S. 49-12, the surname of said illegitimate child shall remain the same as the surname of its mother. 130-69. Duties of Local Registrar as to Birth and Death Certificates; Reports. Each local registrar shall supply blank forms of certificates to such persons as require them. Each local registrar shall carefully examine each certificate of birth or death when presented for record in order to ascertain whether or not it has been made out in accordance with the provisions of this Article and the instructions of the State Registrar; and if any certificate of death, or fetal death, is incomplete or unsatisfactory, it shall be his duty to call attention to the defects in the return, and he may withhold the burial-transit permit until such defects are corrected. All certificates, either of birth or of death, shall be typed or written legibly, in permanent black or blue-black ink, and no certificate shall be held to be complete and correct that does not supply all of the items of information called for therein, or satisfactorily account for their omission. If the certificate of death is properly executed and complete, the local registrar shall then issue a burial-transit permit to the undertaker: Provided, that in case the death occurred from some disease which is held by the State Board of Health to be infectious, contagious, or communicable and dangerous to the public health, no burial-transit permit for the removal or other disposition of the body shall be issued by the registrar, except under such conditions as may be prescribed by the State Board of Health. If a certificate of birth is incomplete the local registrar shall immediately notify the informant, or attendant, and require him to supply the missing items of information if they can be obtained. He may number consecutively the certificates of birth and death, in two separate series, beginning with number one for the first birth and the first death in each calendar year, and sign his name as registrar in attest of the date of filing in his office. He shall also make two complete and accurate copies of each birth and each death certificate registered by him. Such copies may be made on blanks supplied by the State Registrar; or, in lieu thereof, subject to the approval of the register of deeds, he may cause photocopies to be made in such manner and form, and on paper of such standard grade and quality as the State Registrar may approve. The State Registrar shall not be responsible for any expenses incurred in preparing such photocopies. The local registrar shall, on the fifth day of each month, transmit to the State Registrar all original certificates registered by him for the preceding month and shall, at the same time, transmit to the register of deeds of the county or his agent a copy of each certificate of birth or death registered by him for the preceding month and shall retain one copy of each certificate for his own files. If no births or no deaths occurred in any month, the local registrar shall, on the fifth day of 1483 the following month, report that fact to the State Registrar and the register of deeds of the county, on cards provided for such purpose. 130-69.1. State Registrar to Forward Copies of Certificates of Nonresidents. Upon receipt of the original certificates of birth, death, and fetal death from the local registrars of vital statistics, the State Registrar shall prepare a copy of each certificate except in the case of a child born out of wedlock that was filed in a county other than the county of residence. Such copies shall be forwarded within ninety days, through the local health department, to the register of deeds of the county of residence. 130-70. Register of Deeds to Preserve Copies of Birth and Death Records. The register of deeds of each county shall file and preserve the copies of birth and death certificates furnished to him by the local registrar under the provisions of G. S. 130-69, and shall make and keep a proper index of such certificates. These records shall be open to public inspection. The register of deeds may make duplicates, copies or abstracts of such records, for which he shall be entitled to a fee of fifty cents (50) per copy. 130-71. Delivery of Data to Local Health Director. Each local registrar, other than a local health director who is serving as local registrar, shall, on or before the fifth day of each month, deliver by mail or in person to the local health director of his respective jurisdiction such data from birth, death, and fetal death certificates filed with such local registrar during the preceding calendar month as may be needed in the proper execution of the duties of the said local health director, and as authorized by the State Registrar of Vital Statistics. All forms necessary for the use of local registrars in complying with this Section shall be supplied, without charge, by the State Registrar of Vital Statistics. 8130-72. Pay of Local Registrars. Each local registrar shall be paid the sum of fifty cents (50) for each birth, death, and fetal death certificate properly and completely made out and registered with him, correctly recorded and promptly returned by him to the State Registrar, as required by this Article. In case no births, deaths, or fetal deaths were registered during any month, the local registrar shall be entitled to be paid the sum of fifty cents (50) for each report to that effect, but only if such report be made promptly as required by this Article. The compensation of local registrars for services required of them by this Article shall be paid by the county treasurers. The State Registrar shall certify every six months to the treasurers of the several counties the number of births and deaths properly registered, with the names of the local registrars and the amounts due each at the rates fixed herein. 130-73. Certified or Photocopies of Records; Fee. The State Registrar shall, upon request, supply to any authorized applicant a certified copy of the record of any birth or death registered under provisions of this Article, for the making and certification of which he shall be entitled to a fee of one dollar ($1.00), to be paid by the applicant. Such certified copy of the birth record shall be issued in the form of a birth registration card which shall include only the full name, birth date, city and county of birth, race, sex, date of filing, and birth certificate number: Provided, 1484 that a full and complete copy of the birth certificate shall be supplied upon request to the registrant, if of legal age; or to the parent or parents; or to public welfare or public health agencies; or to duly licensed private welfare agencies upon the approval of the State Registrar; or to any other person upon the order of a Judge of the Superior Court. Such birth registration card, properly certified by the State Registrar or his duly authorized agent, shall be prima facie evidence of the facts stated therein. Any Federal agency or bureau approved by the State Registrar may, however, obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of fees herein prescribed, and for transcripts so furnished the State Registrar may receive from such agency or bureau such compensation for this service as the State Board of Health may approve. Any copy of the record of a birth or death, properly certified by the State Registrar, shall be prima facie evidence in all courts and places of the facts therein stated. For any search of the files and records when no certified copy is made, the State Registrar shall be entitled to a fee of one dollar ($1.00) for each hour or fractional part of an hour of time of search, said fee to be paid by the applicant. The State Registrar shall keep a TRUE and correct account of all fees by him received under these provisions, and turn the same over to the Treasurer of the State of North Carolina for use by the State Board of Health for health purposes. Provided, that upon the receipt of a certificate of birth as provided in G. S. 130-69, unless said child was born out of wedlock, the State Registrar shall within three months forward a photocopy thereof for the child to the address of the mother, if living; and if not, to the father or person standing in loco parentis to said child. No fee shall be collected for supplying this certificate. When issuing a certified copy of the record of any birth or death registered under the provisions of this Article, the State Registrar may, upon request, supply to any applicant a photocopy of such record with a photocopy of the certificate of the State Registrar signed by a facsimile of his signature; and such photocopy of the record of a birth or death shall be prima facie evidence in all courts and places of the facts therein stated. The State Registrar shall have the power and authority to appoint employees or agents, and upon such appointment by the State Registrar, said employees or agents sha!l have the power and authority to issue a certified copy of the record of any birth or death registered under the provisions of this Article and to sign the name of or affix a facsimile of the signature of the State Registrar to the certification of said copy; and any copy of a record of a birth or a death, with the certification of same, so signed or with the facsimile of the State Registrar affixed thereto shall be prima facie evidence in all courts and places of the facts therein stated. The provisions of this Section shall not apply to copies of birth certificates of adopted children. 120-74. Information Furnished to Officers of American Legion or Other Veterans Organization. Upon application to the Office of Vital Statistics made by the Adjutant or any officer of a local post of the American Legion, or by any officer of any other veterans organization chartered 1485 by Congress or organized and operating on a Statewide or nationwide basis, it shall be the duty of the Office of Vital Statistics to furnish immediately to such applicant the vital statistical records and necessary copies thereof, made up in the necessary forms for the use of such applicant, without charge. This Section shall apply only to reeords of persons who are members or former members of the Armed Forces of the United States and members of their families and/or beneficiaries under government insurance or adjusted compensation certificate issued to such member or former member of Armed Forces of the United States: Provided, that the State Registrar shall furnish to any American Legion Post in this State, upon application therefor in connection with junior baseball, certified copies of birth certificates, without the payment of the fees prescribed in this Article. 130-75. Registers of Deeds to Issue Birth Certificates Without Cost to Persons Entering Military Forces. The several registers of deeds of the State of North Carolina are authorized and directed to issue, free of cost, birth certificates to persons about to enter the United States military forces. 180-76. Violations of Article; Penalty. (a) Felonies. Any person, who for himself or as an officer, agent, or employee of any person, or of any corporation or partnership, shall inter, cremate, or otherwise finally dispose of the dead body of a human being, or permit the same to be done without the authority of a burial-transit permit issued by the local registrar of the district in which the death occurred or in which the body was found, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by fine or imprisonment in the States prison for a term of not more than ten years, or by both such fine and imprisonment, in the discretion of the court. (b) Misdemeanors. Any person, who for himself or as an officer, agent, or employee of any other person, or of any corporation or partnership, shall do or omit any of the following acts: 1 Shall remove the dead body of a human being, or permit the same to be done, from the primary registration district in which the death occurred or the body was found without the authority of a burial-transit permit issued by the proper local registrar; 2 Refuse or fail to furnish correctly any information in his possession, or shall furnish FALSE information affecting any certificate or record, required by this Article; 3 Willfully alter, otherwise than as provided by G. S. 130-64, or falsify any certificate or record required by this Article; or willfully alter, falsify, or change any photocopy, certified copy, extract copy, or any document containing information obtained from an original, or copy, of any certificate or record required by this Article, or willfully make, create or use any altered, falsified, or changed record, reproduction, copy or document, for the purpose of attempting to prove or establish for any purpose whatsoever any matter purported to be shown thereon; 4, Fail, neglect, or refuse to perform any act or duty as required by this Article or by the instructions of the State Registrar prepared under authority of this Article; 1486 49 Shall, upon conviction thereof, be guilty of a general misdemeanor and punished in the discretion of the court. 130-77. Duties of Registrars and Others in Enforcing this Article. Each local registrar is hereby charged with the strict and thorough enforcement of the provisions of this Article in his registration district, under the supervision and direction of the State Registrar. He shall make an immediate report to the State Registrar of any violation of this Article coming to his knowledge, by observation or upon complaint of any person or otherwise. The State Registrar is hereby charged with the thorough and efficient execution of the provisions of this Article in every part of the State, and is hereby granted supervisory power over local registrars, deputy local registrars, and sub-registrars. He shall see that all of the requirements of this Article are uniformly cemplied with. The State Registrar, either personally or through an accredited representative, shall have authority to investigate cases of irregularity or violation of this Article, and all registrars shall aid him, upon request, in such investigations. When he deems it necessary, he shall report violations of the provisions of this Article to the prosecuting attorney of the county, or to the solicitor of the district, with a statement of the facts and circumstances; and when any such violation is reported to him by the State Registrar, the prosecuting attorney or solicitor of the district, as the case may be, shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law. Upon request of the State Registrar, the Attorney General shall also assist in the enforcement of the provisions of this Article. 130-78. Local Systems Abrogated. No systems for the registration of births and deaths shall be continued or maintained in any of the several municipalities of this State other than the one provided fer and established by this Article. 130-79. Establishing Fact of Birth by Person Without Certificate. 1 Any person born in the State of North Carolina not having a duly recorded certificate of his or her birth, may file a duly verified petition with the Clerk of the Superior Court in the county of his legal residence or place of birth, setting forth the date, place, and parentage of his birth, and petitioning the said Clerk to hear evidence, and find, and adjudge the date, place and parentage of the birth of said petitioner. Upon the filing of such a petition, the Clerk shall set a date for hearing evidence upon the same, and shall conduct said proceeding in the same manner as other special proceedings. At the time set for said hearing the petitioner shall present such evidence as may be required by the court to establish the fact of his birth to the satisfaction of said court. At said hearing, if the evidence offered shall satisfy said court of the date, place, and parentage of said petitioners birth, the court shall thereupon find the facts and enter a judgment duly establishing the date and place of birth and parentage of said petitioner, and record the same in the record of special proceedings in his office. The Clerk shall certify the same to the State Office of Vital Statistics and the same shall thereupon be recorded in the State Office of 1487 Vital Statistics upon forms which it may adopt and a copy thereof certified to the register of deeds of the county in which said petitioner was born. The Clerk may charge a fee not to exceed two dollars ($2.00) for his services under this Section. s 2 The record of birth established by a person under this Section, when recorded, shall become a public record and shall be accepted as such by the courts and other agencies of this State in the same manner as other public records. 3 The provisions provided hereunder shall be cumulative, and not in disparagement of any other acts or provisions for obtaining a delayed birth certificate. ARTICLE 8 Infectious Diseases Generally 130-80. Health Director Has Quarantine Authcrity. The local health director is authorized to exercise quarantine authority within his jurisdiction. 130-81. Physicians to Report Certain Diseases. Every physician who has reasonable cause to believe that a person about whom he has been consulted professionally is afflicted with a disease declared by the State Board of Health to be reportable, shall within twenty-four hours report the name and address of such person to the local health director of the county or district in which such person is living or residing at the time of consultation. If the afflicted person is a minor, the physician consulted professionally about him shall notify the local health director of the name and address of the parent or guardian of the minor in addition to the name and address of the minor himself. 130-82. Parents and Householders to Report. It shall be the duty of every parent, guardian, or householder or person standing in loco parentis, in the order named, to notify the local health director of the name and address of any person in their family or household about whom no physician has been consulted but whom they have reason to suspect of being afflicted with a disease declared by the North Carolina State Board of Health to be reportable. 130-83. Local Health Directors to Report Cases to State Board of Health. It shall be the duty of the local health director to report all cases of diseases reported to him pursuant to G. S. 130-81 or G. S. 130-82, within twenty-four hours of the receipt of such report, to the State Health Director, and to make this report on forms supplied him by the State Health Director and in accordance with the rules and regulations adopted by the State Board of Health. 130-84. Duty of Disinfection. Any householder in whose family or home there is a person sick with any disease declared by the regulations of the State Board of Health to be transmissible by water shall comply with instructions given to him by an attending physician or, if there be no attending physician, by the local health director, as to proper disinfection, and it shall be the duty of such attending physician or local health director to give such instructions. 1488 130-85. Examination and Detention of Infested Travelers. Any local health department may examine travelers from epidemic areas in other states when such travelers are suspected of bringing any infection dangerous to the public health into the State of North Carolina. The local health department may restrain such persons from traveling until they are permitted to do so by the local health director or by the proper municipal health authorities of the city or town to which they may come. A traveler coming from such epidemic area who, without such permission, travels within this State, except to return by the most direct route to the state from whence he came, after he has been cautioned to depart shall be isolated or ejected, at the discretion of the local health director or the municipal health authorities. All common carriers bringing into this State any such person as that named above are hereby required to return him to some point without this State, if directed to do so by the local health director or municipal health authorities. Nothing in this Section shall prevent the State Board of Health from appointing such examiners as it may deem necessary for the preservation and promotion of the public health. 130-86. Transportation of Bodies of Persons Dying of Reportable Diseases. No person shall convey or cause to be conveyed through or from any county, city, or town in this State the remains of any person who has died of any disease declared by the State Board of Health to be reportable until such bedy has been encased in such manner as shall be directed by the State Board of Health. No local registrar of vital statistics or other person shall give a permit for the removal of such body until the regulations of the State Board of Health concerning the removal of dead bodies have been complied with. ARTICLE 9 Immunization 130-87. Immunization Required. All children in North Carolina are required to be immunized against diphtheria, tetanus, and whooping cough before reaching the age of one year, and are required to be immunized against smallpox before attending any public, private, or parochial school. 180-88. Administering Immunizing Preparations. A parent, guardian, or person in loco parentis, of any child of any age, pursuant to the provisions of 130-87, shall present the child to a physician and request the physician to administer to such child preparations sufficient to immunize such child against the diseases specified in 130-87. If for any reason a child in North Carolina has passed the age or entered in attendance upon any school without having been immunized as required in 130-87, the parent, guardian or person in loco parentis of such child shall immediately upon the effective date of this Act or upon the coming into this State of such child present the child to a physician and request the physician to administer to such child preparations sufficient to immunize such child against the diseases specified in 180-87. All such preparations used in carrying out the provisions of this Section must meet the standards required by the State Board of Health. The State Board of Health is authorized to maintain and to distribute, under rules and regulations prepared by the State Board of 1489 Health, sufficient preparations to carry out the provisions of this Article. The State Board of Health is authorized to make charges for such preparations to cover the cost of maintaining and distributing them. If the local board of health so directs, the county health director shall administer preparations sufficient to immunize against the diseases specified in 130-87 to the children not previously immunized at preschool clinics within the jurisdiction of said local board of health at the times specified by the local board of health. 130-89. Expenses of Immunization. If the person required to present a child for immunization as provided in G. S. 130-88 is unable to pay for the services of a private physician or for the immunizing preparation, the child may be taken to the local health director of the area in which the child resides, where such immunizing preparation shall be provided and administered free. The county appropriating body shall make available sufficient funds for purchase of such immunizing preparation for such cases. 130-90. Certificate of Immunization. The physician administering the preparation shall submit a certificate of immunization, on forms furnished by the State Board of Health, to the local health director and give a copy to the parent, guardian, or person in loco parentis, of the child. 130-91. School Admittance. No principal shall permit any child to enter a public, private, or parochial school without the certificate provided for in G. 8S. 1380-80, or some other acceptable evidence of immunization against smallpox, diphtheria, tetanus and whooping cough. 1380-92. Exemptions from Immunization. -1 If any physician certifies that a preparation required to be administered under the provisions of this Article is detrimental to the childs health, the requirements of this Article with respect to such preparation shall be inapplicable until such preparation is found no lenger to be detrimental. -2 The provisions cf this Article shall not apply to children whose parent or parents cr guardian are bona fide members of a recognized religious organization whose teachings are contrary to the practices herein required, and no certificate for admission to any public, private, or parochial school shall be required as to them. 180-93. Rules and Regulations. In addition to the provisions contained in this Article, a local board of health may make such reasonable rules and regulations for the immunization of persons within its jurisdiction as may be necessary to protect the public health. ARTICLE 10 Venereal Disease Part I Venereal Disease 130-94. Venereal Diseases; Applicants for Marriage License. Syphilis, gonorrhea, chancroid, granuloma inguinale, lymphogranuloma venereum are hereby declared to be contagious, infectious, communicable, and dangerous to the public health. It shall be unlawful for any person infected with any of the venereal diseases hereinabove enumerated to expose another person 1490 to infection. All applicants for a marriage license must obtain a health certificate in accordance with the provisions of Chapter 51 of the General Statutes of North Carolina. 130-95. Physicians and Others to Report Cases. Any physician or other person responsible for diagnosis or treatment of a patient with venereal disease, or any superintendent or manager of a hospital, dispensary, or charitable institution in which there is a patient or inmate with a venereal disease, shall make a report of such case to the local health director in such form and manner as the State Board of Health shall direct, and shall cooperate with the State Board of Health and local boards of health in preventing the spread of venereal diseases. 130-96. Examination and Investigation of Venereal Disease. State and local health directors, or authorized agents under their supervision, within their respective judisdictions are hereby empowered and directed, when it is necessary to protect the public health, to make examinations of persons reasonably suspected of being infected with venereal disease, ard to detain such persons until the results of such examinations are known, and to isolate or quarantine persons infected with a venereal disease when it is necessary to protect the public health. Persons infected with a venereal disease shall report for treatment to a licensed physician and continue treatment until the disease is no longer communicable, or shall submit to treatment provided at public expense until the disease is no longer communicable. It shall be the duty of the State Health Director and all local health directors to interview or cause to be interviewed all persons infected or reasonably suspected of being infected with a venereal disease, and to investigate or cause to be investigated the sources of infection and the spread of venereal diseases, and to cooperate with the proper officials whose duty it is to enforce laws directed against prostitution. No examination of any person for venereal disease under this Section shall be made by anyone except a licensed physician or authorized agent under his immediate supervision. 130-97. Prisoners Examined and Treated. All persons confined or imprisoned in any State, county, or city prison or jail shall, within 48 hours after commitment, be examined for venereal diseases by the county physician or other authorized physician. If such person is infected with a venereal disease, he shall be treated by said county physician or other authorized physician as soon as practicable. The prison authorities of any State, county, or city prison or jail are directed to make available to examining physicians such portion of any State, county, or city prison as may be necessary for clinic or a hospital wherein all persons who are confined or imprisoned in the prison and who are infected with venereal disease may be treated for such disease. All persons who are suffering with venereal disease at the time of the expiration of their terms of imprisonment, and in ease no other suitable place for isolation or quarantine is available, such other persons as may be isolated or quarantined under the provisions of G. S. 130-96 shall be isolated at such clinic or hospital and treated at public expense until the disease is no longer communicable. In lieu of such isolation, the State Board of Health may require any such person to report 1491 for treatment to a licensed physician or to submit to treatment provided at public expense under the provisions of this Article. Nothing herein contained shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime. No examination of any person for venereal disease under this Section shall be made by anyone except a licensed physician or authorized agent under his immediate supervision. 130-98. Prisoners Not Released Until Treatment Begun. Whenever any person is confined or imprisoned in any State, county, or city prison or jail and, upon examination as provided by this Article, he is found to be infected with a communicable venereal disease, such person shall not be set at liberty until treated for said disease in accordance with the provisions of this Article, unless he has begun a course of treatment for venereal disease under the direction of an authorized physician and gives a bond with satisfactory surety to the Clerk of the Superior Court of the county where he is imprisoned or confined, conditioned upon his making his personal appearance at a stated time and place before the county physician or other examining physician authorized by this Article, and submitting to such examination as may be proper in the case, and satisfying said physician that he is undergoing, or has undergone, satisfactory treatment for his said disease. Upon the giving of the said bond, such person shall, from time to time, as required by the county physician or other physician authorized to give said examination, personally appear before him for examination, and when, in the judgment of the said physician the disease is no longer communicable, he shall be permitted to go without further appearance, and his bond shall be discharged. The order discharging the said persons from further attendance and examination shall be made by the Clerk of the Superior Court, upon certificate of the aforesaid physician authorized to make the examination. 130-99. Board of Health to Make Rules and Regulations. The State Board of Health is hereby empowered to make such rules and regulations as are necessary for the purpose of carrying out the provisions of this Article, and for the purpose of controlling, treating, preventing and eradicating venereal disease. 130-100. Omitted. 130-101. Treatment Except by Physician or Agent Illegal. It shall be unlawful for any person except a licensed physician to prescribe, and it shall be unlawful for any person except pursuant to the prescription of a licensed physician to sell or give away any medicine for the treatment of any person afflicted with venereal disease, and it shall be unlawful for any person who obtains a prescription from a physician for treatment of venereal disease or obtains drugs or remedies for the treatment of venereal disease to give a FALSE or assumed name or address. 130-102. Purchaser of Remedies May Be Examined. The State Board of Health or local health departments or their agents may require any purchaser of drugs or remedies which may be used in the treatment of venereal disease, when such person may be reasonably supposed to be infected with a venereal disease, to appear before a licensed physician for an examination for such disease. 1492 130-103. Pregnant Women to Have Test for Syphilis. Every woman who becomes pregnant shall have a blood sample taken, and submitted to a laboratory approved by the State Board of Health for performing serological or other approved tests for syphilis. Every person attendant upon a pregnant woman shall be responsible for having said blood samples taken and submitted, and if the attendant is not permitted by law to take the blood samples, then said attendant shall refer the pregnant woman to a duly licensed physician or health director who, in turn, shall take or cause to be taken such blood samples and submit the same to an approved laboratory as required by this Article. 130-104. Omitted. 130-105. Birth Certificates to Contain Information as to Tests. All persons required to report births and fetal deaths shall state on the birth or fetal death certificate whether the woman who bore the child was given a blood test for syphilis during pregnancy or at delivery. Part II Inflammation of the Eyes of the Newborn 130-106. Ophthalmia Neonatorum Described. Any inflammation, swelling, or unusual redness in either one or both eyes of any infant, either apart from or together with any unnatural discharge from the eye or eyes of such infant independent of the nature of the infection, if any, occurring any time within two weeks after the birth of such infant, shall be known as inflammation of the eyes of the newborn (ophthalmia neonatorum). 130-107. Inflammation of Eyes of Newborn to be Reported. It shall be the duty of any person attending or assisting in any way whatsoever any newborn infant or the mother of any newborn infant, at childbirth or at any time within two weeks after childbirth, to report immediately to the local health director of the area in which the infant is born any inflammation of the eyes of the newborn infant. If there is no health director in the area in which the infant is born, the person attending or assisting at childbirth must immediately report the condition to a licensed physician. On receipt of such report, the health director, or the physician notified because of the nonexistence of a health director, shall immediately give to the parents or person having charge of such infant a warning of the dangers to the eye or eyes of said infant, and shall for indigent cases provide the necessary treatment at the expense of the county, city, village or town. 130-108. Eyes of Newborn to be Treated; Records. Any person in attendance upon a case of childbirth shall instill or have instilled immediately upon its birth, in the eyes of the newborn babe, a solution or medication prescribed and approved by the State Board of Health for the purpose of preventing infection of the eyes of the newborn. It shall be the duty of every person in attendance, or the duty of the institution in which the birth takes place, to prepare such records concerning inflammation of the eyes of the newborn as the State Board of Health shall direct. 130-109. Duties of Local Health Director. It shall be the duty of the local health director: -1 To investigate or cause to be investigated each case filed with him in pursuance of this Article, and all contacts necessary 1493 to trace the source of the infection in such case, and any other such cases as may come to his attention; -2 to report all cases of inflammation of the eyes of the newborn and the result of all such investigations, as the State Board of Health shall direct; -3 to conform to and carry out such other rules and regulations concerning inflammation of the eyes of the newborn as the State Board of Health shall promulgate for his further guidance. 130-110. Duties of State Board of Health. It shall be the duty of the State Board of Health to promulgate such rules and regulations as are necessary in the interest of the public health for the earrying out of this Article, to provide for the gratuitous distribution of the medication for preventing infection of the eyes of the newborn required by this Article to all physicians and midwives as may be engaged in the practice of obstetrics or assisting at childbirth, and to disseminate such information concerning inflammation of the eyes of the newborn as may be necessary in the interest of the public heaith. 130-111. Violation of Article. A violation of any of the provisions of this Article concerning the giving of notice that a child has inflammation of the eyes or the treating of a child which has inflammation of the eyes shall be deemed prima facie evidence of negligence in any civil suit. 130-112. Registration of Midwives. No person shall practice midwifery in North Carolina without a permit as required by Article 18 of this Chapter, and until registered with the local health director of the area in which such person intends to practice midwifery. The local health director shall notify the State Board of Health of such registration, and the State Board of Health shall furnish to such registered persons the necessary directions and medications for compliance with this Article and the rules and regulations of the State Board of Health. ARTICLE II Tuberculosis Part I Prevention of Spread of Tuberculosis 130-118. Health Directors to Cause Suspects to be Examined. When any local health director has reasonable grounds to believe that any person has tuberculosis in an active stage or in a communicable form, and such person will not voluntarily seek a medical examination, then it shall be the duty of such health director to order such person to undergo an examination by a physician qualified in chest diseases or at a State or county sanatorium for tuberculosis or at a clinic or hospital approved by the State Board of Health for such examinations. The health director and the person suspected of having tuberculosis shall, if possible, agree upon the time and place of examination, but if no satisfactory time and place can be arranged by agreement, then the health director shall fix a reasonable time and place for such examination, and it shall be the duty of such suspected person to present himself for examination at such time and place as is fixed by the 1494 health director. The examination shall include an X-ray of the chest, a sufficient number of laboratory examinations of sputum, and such other forms and types of examinations as shall be approved by the State Board of Health. If, upon such examination, it shall be determined that such person has tuberculosis in an active stage or in a communicable form, then it shall be the duty of such tuberculous person, as soon as he can reasonably do so, to arrange for admission of himself as a patient in one of the State Sanatoriums for tuberculosis, or in a county sanatorium for tuberculosis or in a private hospital or in the ward of a private hospital maintained and operated for the treatment of tuberculous patients; provided, that when there is no danger to the public or to other individuals as determined by the health director, the tuberculous person may receive treatment at home. 130-114. Precautions Necessary Pending Admission to the Hospital. Whenever it has been determined that any person has tuberculosis in an active stage or in a communicable form, and such person is not immediately admitted as a patient in a State sanatorium for tuberculosis, county sanatorium for tuberculosis or in a private hospital or ward of a private hospital maintained for the treatment of tuberculosis, it shall be the duty of the local health director to instruct such persen as to the precautions necessary to be taken to protect the members of such persons household or the community from becoming infected by tuberculosis communicated by such person, and it shall be the duty of such tuberculous person to conduct himself and to live in such a manner as not to expose members of his family or household, or any other person with whom he may be associated to danger of infection, and said health director shall investigate from time to time to make certain that his instructions are being carried out in a reason able and acceptable manner. It shall be unlawful for any person to: (a) Willfully fail and refuse to present himself to any private phy sician qualified in chest diseases, hospital, clinic, county sanatorium or State sanatorium for an examination for tuberculosis at such time and place as is fixed by the health director or at such time and place agreed upon between such suspected person and the health director, (b) willfully fail and refuse to present himself for admission as a patient to any State sanatorium, county sanatorium, provided such facilities are available, or private hospital or ward of a private hospital maintained and operated for the treatment of tuberculous persons when such action is found by the health director to be necessary for the prevention of spread of the disease, in accordance with the provisions of G. S. 130-113, (c) willfully fail or refuse to follow the instructions of the health director as to the precautions necessary to be taken to protect the members of his or her household or any member of the community or any other person with whom he or she may be associated from danger of infection by tuberculosis communicated by such person. If any person shall be convicted of any of the violations set forth in paragraphs (b) and (c) of this Section or shall enter a plea of guilty thereto when charged with such violations, such person shall be imprisoned in the prison division of the North Carolina sanatorium; provided, the period of imprisonment shall be for two years. The associate superinten- 1495 dent-medical director of the North Carolina Sanatorium, located at McCain, North Carolina, upon signing and placing among the permanent records of the North Carolina Sanatorium a statement to the effect that a person imprisoned under this Section may be discharged without danger to the health or life of others, or for any other reason stated in full which he may deem adequate and sufficient, may discharge the person so committed at any time during the period of commitment. He shall report each such discharge, together with a full statement of the reasons therefor, at once to the health directcr serving the territory from which the person came and to the board of trustees or other controlling authority of such sanatorium and to the priscn division of the State Prison Department. The court in which a person is convicted of violating paragraph (b) or (c) of this Section may suspend judgment, however, if such convicted person shall be hospitalized in a county sanatorium or State sanatorium and shall remain there until discharged by the associate superintendent-medical director or controlling authority of such county sanatorium or State sanatorium. The superintendent-medical director of the North Carolina sanatorium system with the advice and consent of the Commissioner of Paroles, where he finds that a person committed to the prison division of the State sanatorium has obeyed the rules and regulations of such division or department for a period of not less than sixty days may, in his discretion, have the authority to transfer any patient who, in his judgment, will conform to the rules of the sanatorium, from the prison division to any State sanatorium, or Veterans Administration tuberculosis hospital. The county of legal residence of such committed person shall be responsible for the regularly established fee for indigent or welfare patients and shall be responsible for this fee during the patients period of hospitalization in the prison division of the North Carolina Sanatorium located at feCain, North Carolina. The provisions of this Section apply to minors as well as adults; provided, however, that perscns under 16 years of age, upon conviction of a violation of the provisions of this Section, shall not be imprisoned in the prison division of the North Carolina Sanatorium, but shall be placed in a State, county or private sanatorium for treatment. Part 2 Tuberculous Prisoners 130-115. Tuberculous County Prisoners to be Segregated. The boards of county commissioners of the respective counties of North Carolina shall provide in the jail, camp or other place where county prisoners are committed for keeping, separate cells or rooms or other places in which any prisoner or prisoners who may be committed to said place of confinement and who has been examined by the county physician or local health director and pronounced to be infected with tuberculosis shall be confined. 130-116. Law Enforcement Officers to Have Prisoners Suspected to be Tuberculous Examined and Separated. When a prisoner is placed in the custody of a law enforcement officer for the purpose of being committed to jail or to any place where prisoners are kept, and the law enforcement 1496 officer has reason to believe or suspect that the prisoner is suffering with tuberculosis, it shall be the duty of the law enforcement officer to have such prisoner examined by the county physician or local health director and if upon examination the prisoner is pronounced tuberculous, then he shall be separated from other prisoners and confined in a separate cell or other place of confinement, and if the prisoner is under sentence of confinement, and is otherwise eligible for admission, he shall be transferred to the prison division of the North Carolina Sanatorium at McCain, North Carolina. 130-117. Tuberculous State Prisoners to be Segregated. It shall be the duty of the board of directors of the States prison to provide separate cells or apartments for the confinement of prisoners sentenced to that institution for a term of imprisonment, who have been examined and pronounced by the physician in charge to be infected with tuberculosis, until said prisoners can be transferred to the prison division of the North Carolina Sanatorium at McCain, North Carolina. 130-118. Separate Cells for Tuberculous Prisoners. Cells or places of confinement provided for prisoners infected with tuberculosis must be kept exclusively for such prisoners, and when they have been occupied by tuberculous prisoners they shall not be used for other prisoners until the county physician or the local health director or the physician in charge or the health authorities of the States prison have been notified, and until such cells or places of confinement have been thoroughly disinfected under the supervision of such officials in the manner required by the State Board of Health. 130-119. Prison Authorities to Have Prisoners Suspected to be Tuberculous Examined. When a prisoner is committed to any prison or place of confinement designated in this Article, and the law enforcement officers or prison officials know or suspect the prisoner to be suffering with tuberculosis, it shall be the duty of such officers or officials immediately upon receipt of such knowledge or the arousal of such suspicion to cause the prisoner to be examined by the county physician or the local health director or the physician in charge. 130-120. Tuberculous Prisoners Not to be Worked. No prisoner suffering with active tuberculosis shall be worked on any public or private works. 130-121. Examination of Prisoners. It shall be the duty of every county or city physician or local health director, or other physician responsible for the medical care of city, county, or State prisoners, within his respective jurisdiction, to make a thorough physical examination of every prisoner within forty-eight hours after admission of such prisoner. Such examining physician shall be required to make reports concerning the health of the prisoners and the transference of prisoners, upon such forms as the State Board of Health may require. 130-122. Food and Work of Tuberculous Prisoners. In order more effectively to promote the recovery of tuberculous prisoners, it shall be the duty of the warden or superintendent of any unit of the State Prison System and such other officers as may have jurisdiction under him to provide such additional food for prisoners suffering with tuberculosis as may be prescribed or requested by the physician in charge. Prisoners suf- 1497 fering with tuberculosis shall be transferred promptly to the prison division of the North Carolina Sanatorium at McCain. When a prisoner has been discharged as an arrested case of tuberculosis from the prison division of the Sanatorium and returned to the Central Prison or State farm, he shall only do such work as may be prescribed by the prison physician. ARTICLE 12 Sanitary Districts 1380-123. Creation by State Board of Health. For the purpose of preserving and promoting the public health and welfare the State Board of Health may, as hereinafter provided, create sanitary districts without regard for county, township or municipal lines: Provided, however, that no municipal corporation or any part of the territory in a municipal corporation shall be included in a sanitary district except at the request of the governing board of such municipal corporation; provided further that if such municipal corporation shall not have levied any tax nor performed any official act nor held any elections within a period of four years next preceding the date of the petition for said sanitary district, as hereinafter provided, such a request of the governing board shall not be required. 130-124. Procedure for Incorporating District. A sanitary district shall be incorporated as hereinafter set out. Fifty-one per cent -51% or more of the freeholders within a proposed sanitary district may petition the board of county commissioners of the county in which all or the major portion of the petitioning freeholders of the proposed district are located, setting forth the boundaries of the proposed sanitary district and the objects it is proposed to accomplish. Upon receipt of such petition the board of county commissioners, through its chairman, shall notify the State Board of Health and the chairman of the board of county commissioners of any other county or counties in which any portion of the proposed district lies, of the receipt of said petition, and shall request that a representative of the State Board of Health hold a joint public hearing with the county commissioners of all the counties in which a portion of the district lies concerning the creation of the proposed sanitary district. The State Health Director and the chairman of the board of county commissioners shall name a time and place within the proposed district at which the public hearing shall be held. The chairman of the board of county commissioners shall give prior notice of such hearing by posting a notice at the courthouse door of the county and also by publication in a newspaper published in said county at least once a week for four successive weeks; and in the event such hearing is to be before a joint meeting of the boards of county commissioners of more than one county, or in the event the land to be affected lies in more than one county, then a like publication and notice shall be made and given in each of said counties. In the event that all matters pertaining to the creation of this sanitary district cannot be concluded at the hearing, any such hearing may be continued to a time and place within the proposed district named by the representative of the State Board of Health, 1498 130-125. Declaration that District Exists; Status of Industrial Villages within Boundaries of District. If, after such hearing the State Board of Health and the county commissioners concerned shall deem it advisable to comply with the request of said petition, and determine that a district for the purpose or purposes therein stated should be created and established, and State Board of Health shall adopt a resolution to that effect, defining the boundaries of such district and declaring the territory within such boundaries to be a sanitary district; provided that the State Board of Health may make minor deviation, in defining the boundaries, from those prescribed in the petition when the Board determines that it is advisable in the interest of the public health; provided further that any industrial plant and its contiguous village shall be included within or excluded from the areas embraced within such sanitary district as expressed in the application of the person, persons or corporation owning or controlling such industrial plant and its contiguous village, said application to be filed with the State Board of Health on or before the date of the public hearing as hereinbefore provided. Each district when created shall be identified by a name or number assigned by the State Board of Health. 1380-126. Election and Terms of Office of Sanitary District Boards. The State Board of Health shall cause copies of the resolution adopted creating the sanitary district to be sent to the board or boards of county commissioners of the county or counties in which all or parts of the territory within the district is located, whereupon the said board or boards of county commissioners shall hold a meeting or joint meeting for the purpose of electing a sanitary district board of three members, residents within the district, which shall thereafter be the governing body of the sanitary district. At this meeting or joint meeting of said board or boards of county commissioners there shall be elected three members of said sanitary district boards who shall serve until their successors are elected and qualified. At the next general election following said appointment by the board of county commissioners, candidates for said district board shall be nominated in the primary and elected at the general election as are county officers, except that the nomination and election shall be confined to said district. When more than six candidates qualify for a primary, then the six candidates receiving the highest number of votes in the primary shall be nominated as candidates for election in the general election, and the three candidates receiving the highest number of votes in the general election shall be elected as members of said sanitary district board. When six or less candidates qualify for the primary, then each shall be declared to be a candidate in the general election without their names being voted upon in the primary. The primary and general election shall be nonpartisan, and each shall be conducted by the board of elections in the county in which the sanitary district is located. The said board of elections is authorized and empowered to cause a special election to be held at such time or times as it may designate, if necessary to break a tie between any candidate in the primary or general election: Provided, that this paragraph shall apply only to sanitary districts located wholly within the limits of a single 1499 county, and which adjoin and are contiguous to cities having a population of fifty thousand or more. The said board of elections shall canvass the returns from any primary or general election and within ten days thereafter certify the results thereof to the Clerk of the Superior Court. The Clerk of the Superior Court in each county is authorized, directed and empowered to take and file the oaths of office of those persons elected. Prior to the appointment of a sanitary district board by the board or boards of county commissioners or prior to the election of the members of a sanitary district board at any general election, the board or boards of county commissioners may by resolution determine that such sanitary district board shall consist of five members, residents within such district. In such case, when more than ten candidates for membership on such sanitary district board qualify for a primary, then the ten candidates receiving the highest number of votes in the primary shall be nominated as candidates for election in the next general election, and the five candidates receiving the highest number of votes in the general election shall be elected as members of said sanitary district board; when ten or less candidates qualify for the primary, then each shall be declared to be a candidate in the general election without his name being voted upon in the primary. The primary and general election shall be nonpartisan, and each shall be conducted by the board of elections in the county in which the greater portion of the qualified voters of the sanitary district are located. The said board of elections is authorized and empowered to cause a special election to be held at such time or times as it may designate, if necessary to break a tie between any candidates in the primary or general election. The members of the board so nominated and elected shall be residents of the district. They shall qualify by taking the oaths of office on the first Monday in December following their election. The term of office shall be two years and until their successors qualify. 130-127. Vacancy Appointments to District Boards. Hereafter any vacancy that may exist in any sanitary district board of any sanitary district of the State for any cause shall be filled until the next general election by the county commissioners of the county in which said sanitary district may be situated. Provided, that if the district is located in more than one county, the vacancy shall be filled by the county commissioners of the county from which the vacancy occurred. 180-128. Corporate Powers. When a sanitary district is organized as herein provided the sanitary district board selected under the provisions of this Article shall be a body politic and corporate and as such may sue and be sued in matters relating to such sanitary district. In addition, such board shall have the following powers: 1 To acquire, construct, maintain and operate a sewerage system, sewage disposal or treatment plant, water supply system, water purification or treatment plant and such other utilities as may be necessary for the preservation and promotion of the public health and sanitary welfare within the district, such utilities to be constructed, operated, and maintained in accordance with rules and regulations promulgated by the State Board of Health. 1500 2 To issue certificates of indebtedness against the district in the manner hereinafter provided. 3 To issue bonds of the district in the manner hereinafter provided. 4 To cause taxes to be levied and collected upon all taxable property within the district sufficient to meet the obligations of the district evidenced by bonds, certificates of indebtedness and revenue anticipation notes issued against the district and to pay all obligations incurred by the district in the performance of all of its lawful undertakings. 5 To acquire, either by purchase, condemnation or otherwise and hold real and personal property, easements, rights-of-way and water rights in the name of the district within or without the corporate limits of the district, necessary or convenient for the construction or maintenance of the works of the district. 6 To employ such engineers, counsel and other persons as may be necessary to carry into effect any projects undertaken and to fix the compensation of such persons. 7 To negotiate and enter into agreements with the owners of existing water supplies, sewerage systems or other such utilities as may be necessary to carry into effect the intent of this Article. 8 To formulate rules and regulations necessary for the proper functioning of the works of the district, but such rules and regulations shall not conflict with rules and regulations promulgated by the State Board of Health, or the local board of health having jurisdiction over the area. 9 (a) To contract with any person, firm, corporation, city, town, village or political subdivision of the State both within or without the corporate limits of the district to supply raw water without charge to said person, firm, corporation, city, town, village or political subdivision of the State in consideration of said person, firm, corporation, city, town, village or political subdivision permitting the contamination of its source of water supply by discharging sewage therein and to construct all improvements necessary or convenient to effect the delivery of said water at the expense of the district when in the opinion of the sanitary district board and the State Board of Health, it will be for the best interest of the district. (b) To contract with any person, firm, corporation, city, town, village or political subdivision of the State within or without the corporate limits of the district to supply raw or filtered water to said person, firm, corporation, city, town, village, or political subdivision of the State where the service is available: Provided, however, that for service supplied outside the corporate limits of the district, the sanitary district board may fix a different rate from that charged within the corporate limits but shall in no case be liabie for damages for a failure to furnish a sufficient supply of water. 10 After adoption of a plan as provided in G. S. 130-133, the sanitary district board may, in its discretion, alter or modify such plan if, in the opinion of the State Board of Health, such alteration or modification does not constitute a material deviation from the objective of such plan. The alteration or modification must be approved by the State Board of Health 1501 and may provide among other things for the construction of a water line for the supply of any person, firm, corporation, city, town, village or political subdivision of the State either within or without the corporate limits of the district instead of a sewage disposal line and other improvements, where such alteration or modification would permit the disposal of sewage at a point nearer the district either within or without the corporate limits, thereby contaminating the prevailing water supply of the person, firm, corporation, city, town, village or political subdivision of the State to whom the water is to be supplied and would effect a saving to the district, and the sanitary district board may appropriate or reappropriate money of the district for carrying out such plans as altered or modified. 11 Subject to the approval of the State Board of Health, to engage in and undertake the prevention and eradication of diseases transmissible by mosquitoes by instituting programs for the eradication of the mosquito. 12 To collect and dispose of garbage, waste, and other refuse by contract or otherwise. 13 To establish a fire department for the protection of life and property within the district, or to contract with cities, counties or other governmental units to furnish fire-fighting apparatus and personnel for use in the district. 14 The district, and in the event the district enters into a contract with any other governmental unit for the collection and disposal of garbage, waste or other refuse or for fire protection, as aforesaid, then, in that event, the district and such other governmental unit shall each have and enjoy all privileges and immunities that are now granted to other governmental units in exercising the governmental functions of collecting garbage, waste and other refuse, and furnishing fire protection. 15 To use the income of the district, and if necessary, to cause taxes to be levied and collected upon all the taxable property within the district sufficient to pay the costs of collecting and disposing of garbage, waste and other refuse, and to provide fire protection in said district, such taxes to be levied and collected at the same time and in the same manner as taxes for debt service as provided in Section 130-141. 16 To establish a capital reserve fund for the district in accordance with the following provisions: (a) The district board shall pass a resolution declaring that a capital reserve fund is thereby established, which resolution shall state that said fund shall consist of unencumbered balances and unappropriated surplus revenues evidenced by money derived from collections of ad valorem taxes of the district or from service charges and rates applied by the district board in accordance with law or from proceeds of the sale of real or personal property of the district, that it shall take effect when the provisions thereof are approved by the Local Government Commission, and the district board shall designate therein some bank or trust company as depository in which the capital reserve fund shall be placed to the credit of a special account toibeiknowil) ase. cess awene | eee ere District, Capital Reserve Fund, (b) Upon adoption of a resolution by the district board providing therefor and with the approval of the Local Government Commission, the capital reserve fund may be increased at any time with money from like source or sources as those stated in establishing resolution. (c) Withdrawal from the capital reserve fund shall be of two kinds, temporary and permanent. Temporary withdrawal may be made -1 in anticipation of the collections of taxes and other revenues of the district of the current fiscal year in which such withdrawal is made and for the purpose of paying principal or interest of bonds of the district falling due within three months, but the amount of such withdrawal shall be repayable to the capital reserve fund not later than thirty days after the close of the fiscal year in which such withdrawal is made, and -2 for investment or reinvestment in bonds, notes or certificates of indebtedness of the United States of America, in bonds or notes of the State of North Carolina, in bonds of the district, or in bonds of any city, town or county in North Carolina. Permanent withdrawal may be made for the purpose of acquiring property for the district by purchase or otherwise, or for extending, enlarging, improving, replacing or reconstructing any properties of the district incident to or deemed necessary for the exercise of the powers granted by law to the district board. Each withdrawal shall be authorized by resolution of the district board and approved by the Local Government Commission and shall be by check drawn on the designated depository of the capital reserve fund upon which such approval by the Commission shall be endorsed by the Secretary of the Commission or by an assistant designated by him for that purpose: Provided, however, the State of North Carolina shall not be liable for misapplication of any moneys withdrawn from the capital reserve fund by reason of such endorsement, such endorsement only being prima facie evidence of approval of the withdrawal authorized. No permanent withdrawal shall be made unless, after such withdrawal, there shall remain in the capital reserve fund an amount equal to the sum of the principal and interest of bonds of the district maturing either in the fiscal year in which the withdrawal is made or in the ensuing fiscal year, whichever is greater. (d) All moneys stated in the establishing resolution or in a resolution providing for increase of the capital reserve fund, when the provisions of such resolutions are approved by the Local Government Commission, and all realizations and earnings from temporary withdrawals shall be deposited in the designated depositery of the capital reserve fund by the officer or officers having the charge and custody of such moneys, and it shall be the duty of such officer or officers to simultaneously report each of such deposits to the Local Government Commission. 17 To make rules and regulations in the interest of and for the promotion and protection of the public health and the welfare of the people within the sanitary district, and for such purposes to possess the following powers: (a) To require any person, firm or corporation owning, occupying or controlling improved real property within the district to connect with either or both, the water or sewerage systems of the district, when the 1503 local health director, having jurisdiction over the area in which the greater portion of the residents of the district reside, determines that the health of the people residing within the district will be endangered by a failure to connect. (b) To require any person, firm or corporation owning, occupying or controlling improved real property within the district where the water or sewerage systems of the district are not immediately available or it is impractical to connect therewith to install sanitary toilets, septic tanks and other health equipment or installations in accordance with the requirements of the State Board of Health. (c) To require any person, after notice and hearing, to abate any nuisance detrimental or injurious to the public health of the district. The person being ordered to abate the nuisance may appeal such order to the local board of health as provided in G. S. 180-20. (d) To abolish, or to regulate and control the use and occupancy of all pigsties and other animal stockyards or pens within the district and for an additional distance of 500 feet beyond the outer boundaries of the district, unless such 500 feet be within the corporate limits of some city or town. (e) Upon the noncompliance by any person, firm or corporation of any rule and regulation promulgated and enacted hereunder, the sanitary district board shall cause to be served upon the person, firm or corporation who fails to so comply a notice setting forth the rule and regulation and wherein the same is being violated, and such person, firm or corporation shall have a reasonable time, as determined by the local health director of the area within which the noncomplying person resides, from the service of such notice in which to comply with such rule and regulation. 18 For the purpose of promoting the public health, safety, morals, and the general welfare of the State, the sanitary district boards of the various sanitary districts of the State are hereby empowered, within the areas of said districts and not under the control of the United States or the State of North Carolina or any agency or instrumentality thereof, to designate, make, establish and constitute as zoning units any portions of said sanitary districts in accordance with the manner, method and procedure as follows: (a) No sanitary district board, under the provisions of this subsection, shall designate, make, establish and constitute any area in their respective sanitary districts a zoning area until a petition signed by two-thirds (2/3) of the qualified voters in said_area as shown by the registration books used in the last general election, together with a petition signed by twothirds (2/3) of the owners of the real property in said area as shown by the records in the office of the register of deeds for the county on the date said petition is filed with any sanitary district board, and a public hearing after twenty days notice has been given. Such notice must be published in a newspaper of general circulation in said county at least two times, and a copy of said notice posted at the courthouse of said county 1504 and in three other public places in the sanitary district for twenty days before the date of the hearing. The petition must be accompanied by a map of any proposed zoning area. (b) When any portion of any sanitary district has been made, established and constituted a zoning area, as herein provided, the sanitary district boards as to any such zoning areas shall have, exercise and perform all of the rights, privileges, powers and duties granted to municipal corporations under Article 14, Chapter 160, of the General Statutes of North Carolina, as amended, provided, however, the sanitary district boards shall not be required to appoint any zoning commission or board of adjustment, and upon the failure to appoint either said sanitary district boards shall have, exercise and perform all the rights, privileges, powers and duties granted to said zoning commission and board of adjustment. (c) The governing body of any city, town or sanitary district is hereby authorized to enter into agreements with any other city, town or sanitary district for the establishment of a joint zoning commission, and to cooperate fully with each other. (d) The sanitary district boards are hereby authorized to appropriate such amounts of money as they deem necessary to carry out the effective provisions of this subsection, and are authorized to enforce its rules and regulations in order to give effect to this subsection, and for such purposes to use the income of the district or cause taxes to be levied and collected upon the taxable property within the district to pay such costs. (e) None of the provisions of Chapter 176 of the Public Laws of North Carolina, Session 1931 (the proviso to G. S. 160-173), shall apply to any sanitary district. (f) This subsection shall apply only to sanitary districts which adjoin and are contiguous to cities having a population of fifty thousand or more. 130-129. Organization of Board. Upon election, a sanitary district board shall meet and elect one of its members as chairman, and another member as secretary. Each member of the board may receive a per diem compensation of eight dollars ($8.00) when actually engaged in the business of the district, payable from the funds of the district. The board may employ a clerk, stenographer, or such other assistants as it may deem necessary and may fix the duties and compensation thereof. A sanitary district board may at any time remove any of its employees and may fill any vacancies however arising. 130-130. Power to Condemn Property. When in the opinion of the sanitary district board, it is necessary to procure real estate, right-of-way or easement within and/or without the corporate limits of the district for any of the improvements authorized by this Article, they may purchase the same or if the board and the owner or owners thereof are unable to agree upon its purchase and sale, or the amount of damage to be awarded therefor, the board may condemn such real estate, right-of-way or easement within and/or without the corporate limits of the district and in so doing the ways, means and method and procedure of Chapter 40 of the General 1505 Statutes of the State of North Carolina entitled Eminent Domain shall apply. Section 40-10 shall not, however, be applicable to such condemnation proceedings. In the event the owner or owners shall appeal from the report of the commissioners, it shall not be necessary for the sanitary board to deposit the money assessed with the clerk, but it may proceed and use the property to be condemned until the final determination of the action. 180-131. Construction of Systems by Corporations or Individuals. Whenever a corporation or the residents of any locality within the sanitary district shall desire a water supply, sewerage system or any part thereof and the sanitary district board shall deem it inadvisable or impracticable at that time, due to remoteness from its general system or other cause, for the sanitary district to build such system, such corporation or residents may nevertheless build and operate such system at its or their own expense but it shall be constructed and operated under plans, specifications and regulations approved by the district board, and by the State Board of Health. 130-132. Reports. Upon the election of any sanitary district board it shall become the duty of the board to employ competent engineers to make a report or reports on the problems of the sanitary district, which report or reports shall be prepared and filed with the sanitary ditrict board. Such report or reports shall embrace the following: 1 Suitable comprehensive maps showing the boundaries of the sanitary district and in a general way the location of the various parts of the work that is proposed to be done and such information as may be useful for a thorough understanding of the proposed undertaking. 2 A general description of existing facilities for carrying out the objects of the district. 3 A general description of the various plans which might be adopted for accomplishment of the objects of the district. 4, General plans and specifications for such work. 5 General descriptions of property it is proposed to be acquired or which may be damaged in carrying out the work. 6 Comparative detail estimates of cost for the various construction plans. 7 Recommendations. 130-133. Consideration of Reports and Adoption of a Plan. The report or reports filed by the engineers pursuant to G. S. 130-132 shall be given careful consideration by the sanitary district board, and said board shall adopt a plan, but before adopting such plan said board may, in its discretion, hold a public hearing, giving due notice of the time and place thereof, for the purpose of considering objections to such plan. The plan adopted as aforesaid shall be submitted by the sanitary district board to the State Board of Health and shall not become effective unless and until it is approved by the State Board of Health. The provisions of this Section and of G. S. 1380-132 above shall apply when it shall have been determined by the sanitary district board that consummation of the plan is predicated upon the issuance of bonds of the 1506 district, except that such provisions shall not apply to a proposed purchase of firefighting equipment and apparatus. Failure to observe or comply with said provisions shall not, however, affect the validity of any bonds of a sanitary district which may be hereafter issued pursuant to this Article. 130-134. Resolution Authorizing Bond Issue and Purposes for Which Bonds May Be Issued. Either before or after the adoption of the plan as aforesaid, the sanitary district board may pass a resolution or resolutions (hereinafter sometimes referred to as bond resolution or bond resolutions) authorizing the issuance of bonds of the sanitary district, but bonds for two or more unrelated purposes shall not be authorized by the same bond resolution; provided, however, that bonds for two or more improvements or properties mentioned together in any one or more of the clauses of this Section may be treated as being for a single purpose and may be authorized by the same bond resolution. The negotiable bonds of a sanitary district may be issued for any one or more of the following purposes, which purposes may include land, rights in land or other rights necessary for the establishment thereof: (a) Acquisition, construction, reconstruction, enlargement of, additions or extensions to a water system or systems, a water purification or treatment plan or plants, a sanitary sewer system or systems, or a sewage treatment plant or plants, including interest on the bonds during construction and for one year after completion of construction if deemed advisable by the sanitary district board. (b) Construction, reconstruction or acquisition of an incinerator or incinerators or other facilities for the disposal of garbage, waste and other refuse. (c) Purchase of firefighting equipment and apparatus. Such resolution shall state: 1 In brief and general terms, the purpose for which the bonds are to be issued. 2 The maximum aggregate principal amount of the bonds. 3 That a tax sufficient to pay the principal and interest of the bonds when due shall be annually devided and collected on all taxable property within the sanitary district. 4 That the resolution shall take effect when and if it is approved by the voters of the sanitary district at an election. Such resolution shall be published once a week for three successive weeks: Provided, however, the first of such publications shall be not later than the first publication of the notice of election required in G. S. 130-137. A statement in substantially the following form (the blanks being first properly filled in), with the printed signature of the secretary of the sanitary district board appended thereto, shall be published with the resolution: The foregoing resolution was adopted by the sanitary district board of Reet rete ete Sanitary District on the …….. day of -………………., 19…….., and was first published on the …….. (0 EES io as eee Ale ee ll eae ats Any action or proceeding questioning the validity of said resolution must be commenced within thirty days after its first publication. 1507 NECLELANV. eee ata ee Sanitary District Board. 130-135. Limitation of Action to Set Aside a Bond Resolution. Any action or proceeding in any court to set aside a bond resolution adopted pursuant to this Article, or to obtain any other relief upon the ground that such resolution is invalid, must be commenced within thirty days after the first publication thereof as provided in G. S. 130-134. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of the resolution shall be asserted, nor shall the validity of such resolution be open to question in any court upon any ground whatever. 130-136. Publication of Resolution, Notice and Statement. A resolution or notice of statement required by this Article to be published shall be published in a newspaper published in the county in which the district lies or if the district lies in two or more counties, in a newspaper published in each such county, or if there is no newspaper published in a county in which the whole or a part of the district lies, then and in lieu of a newspaper published in such county in a newspaper which, in the opinion of the sanitary district board, has general circulation within the district. 130-137. Call for Election. Following the adoption of a bond resolution by the sanitary district board the said board shall call upon the board or boards of county commissioners in the county or counties in which the district or any portion thereof is located to name election officers, set date, name polling places, and cause to be held an election within the district on the proposition of issuing bonds as set forth in such bond resolution. If, at such election a majority of the registered voters who shall vote thereon at such election shall vote in favor of the proposition submitted, the bonds set forth in the bond resolution may be advertised, sold and issued in the manner provided by law. Should the proposition of issuing bonds submitted at any election as provided under this Article fail to receive the required number of affirmative votes, the sanitary district board may, at any time after the expiration of six months, cause another election to be held for the same objects and purposes or for any other objects and purposes. The expenses of holding bond elections shall be paid from the funds of the sanitary district. The board of commissioners of the county in which said sanitary district is located, if wholly located in a single county, may in their discretion at any special election held under the provisions of this Article make the whole sanitary district a voting precinct, or may create therein one or more voting precincts as to them seems best to suit the convenience of voters, the said precinct not to be the general election precinct unless the boundaries of the sanitary district are coterminous with one or more whole general election precincts. If said sanitary district is located in more than one county, the election precincts therein shall be fixed by the board of the particular county in which the portion of the sanitary district is located. The said board or boards of commissioners shall provide registration and 1508 polling books for each precinct in the sanitary district, the cost of the same to be paid from the funds of the sanitary district. The notice of the election shall be given by publication once a week for three successive weeks. It shall set forth the boundary lines of the district and the amount of bonds proposed to be issued. The first publication shall be at least thirty days before the election. At the first election after the organization of the sanitary district, a new registration of the qualified voters within the district shall be ordered and notice of such new registration shall be deemed to be sufficiently given if given at least thirty days before the close of the registration books by publication once in some newspaper published or circulated in said district. The notice of registration may be considered one of the three notices required of the election. Time of such registration shall as near as may be conform with that of the registration of voters in municipal elections as provided in G. S. 160-37. The published notice of registration shall state the days on which the books shall be open for registration of voters and the place or places at which they will be open on Saturdays. The books of such new registration shall close on the second Saturday before the election. The Saturday before the election shall be challenge day and except as otherwise provided in this Article, such election shall be held in accordance with the law governing general elections. A ballot shall be furnished to each qualified voter in said election, which ballot may contain the words For approval of the bond resolution adopted by the sanitary district board of -…..0……00……–. Sanitary District on the ores day of ……………….., 19…….., authorizing the issuance of not exceeding Dee oeer cee ee reren of bonds of said sanitary district (briefly stating the purpose of such bonds), and the levy of a tax for the payment thereof, and the words Against approval of the bond resolution adopted by the sanitary district board of ………….2.0……. Sanitary District on the …….. Gan Ol 2s. Roeser ene , 19…….., authorizing the issuance of not exceeding $…………………… of bonds of said sanitary district (briefly stating the purpose of such bonds), and the levy of a tax for the payment thereof, with squares opposite said affirmative and negative forms of the proposition submitted to the voters, in one of which squares the voter may make a cross (X) mark, but this form of ballot is not prescribed. Two or more bond resolutions adopted by the sanitary district board, each for a separate purpose as provided in G. S. 180-134 may be submitted at the same election and each may be stated on the same ballot as a separate proposition. After the election and after the vote has been counted, canvassed and returned to the board or boards of county commissioners, the election books shall be deposited in the office of the Clerk of the Superior Court as polling books for the particular sanitary district involved. At any subsequent election, whether upon the recall of an officer as provided in G. S. 130-145 or for an additional bond issue in the particular district, a new registration may or may not be ordered as may be determined by the board of county commissioners interested in said election. A statement of results of an election on the proposition of issuance of bonds showing the date of such election, the proposition submitted, the 1509 number of voters who voted for the proposition and declaring the result of the election shall be prepared and signed by a majority of the members of the sanitary district board and deposited with the Clerk of the Superior Court of the county in which the district lies, or, if parts of the district lie in two or more counties, with the Clerk of Superior Court of each such county. Such statement shall be published once. No right of action or defense founded upon the invalidity of such election shall be asserted, nor shall the validity of the election be open to question in any court upon any ground whatever, except in an action or proceeding commenced within thirty days after the publication of such statement. 130-138. Bonds. The sanitary district board shall, subject to the provisions of this Article, and under competent legal and financial advice, prescribe by resolution the form of the bonds, including any interest coupons to be attached thereto, and shall fix the date, the maturities, the denomination or denominations, and the place or places of payment of principal and interest which may be at any bank or trust company within or without the State of North Carolina. The bonds shall not be sold at less than par and accrued interest nor bear interest at a rate or rates in excess of six per centum -6% per annum. The bonds shall be signed by the chairman and secretary of the sanitary district board, and the seal of the board shall be impressed thereon, and any coupons attached thereto shall bear a facsimile of the signature of the secretary of said board in office at the date of the bonds or at the date of delivery thereof. The delivery of bonds so executed shall be valid, notwithstanding any change in officers or in the seal of the board occurring after the signing and sealing of the bonds. Bonds issued under this Article shall be payable to bearer unless they are registered as hereinafter provided, and each coupon appertaining to a bond shall be payable to the bearer of the coupon. A sanitary district may keep in the office of the secretary of the sanitary district board, or in the office of a bank or trust company appointed by said board as bond registrar or transfer agent, a register or registers for the registration and transfer of its bonds, in which it may register any bond at the time of its issue or, at the request of the holder, thereafter. After such registration, the principal and interest of the bond shall be payable to the person in whose name it is registered except in the case of a coupon bond registered as to principal only, in which case the principal shall be payable to such person, unless the bond shall be discharged from registration by being registered as payable to bearer. After registration a bond may be transferred on such register by the registered owner in person or by attorney, upon presentation to the bond registrar, accompanied by delivery of a written instrument of transfer in a form approved by the bond registrar, executed by the registered owner. Upon the registration or transfer of a bond as aforesaid, the bond registrar shall note such registration or transfer on the bank of the bond. A sanitary district may, by recital in its bonds, agree to register the bonds as to principal only, or agree to register them either as to principal only or as to both principal and interest at the option of the bondholder. Upon the registration of a coupon bond as to both 1510 principal and interest the bond registrar shall also cut off and cancel the coupons, and endorse upon the back of such bond a statement that such coupons have been canceled. The proceeds from the sale of such bonds shall be placed in a bank in the State of North Carolina to the credit of the sanitary district board, and payments therefrom shall be made by vouchers signed by the chairman and secretary of the sanitary district board. The officer or officers having charge or custody of funds of the district shall require said bank to furnish security for the protection of deposits of the district as provided in G. S. 159-28. Bonds issued for any purpose pursuant to this Article shall mature within the period of years as hereinafter provided, each such period being computed from the date of the election upon the issuance thereof held under the provisions of G. S. 130-137. Such periods shall be for the purposes stated by clauses in G. S. 130-1384 as follows: Clause (a), forty years; clause (b), twenty years; clause (c), ten years. Such bonds shall mature in annual installments or series, the first of which shall be made payable not more than five years after the date of the first issued bonds of such issue, and the last within the aforesaid period. No such installment or series shall be more than two and one-half times as great in amount as the smallest prior installment or series of the same bond issue. If all of the bonds of any issue are not issued at the same time, the bonds at any one time outstanding shall mature as aforesaid. Such bonds may be issued either all at one time or from time to time in blocks, and different provisions may be made for different blocks. Bonds issued pursuant to this Article shall be subject to the provisions of the Local Government Act. The cost of preparing, issuing, and marketing bonds shall be deemed to be one of the purposes for which the bonds are issued. 130-189. Additional Bonds. Whenever the proceeds from the sale of bonds issued by any district as in this Article authorized shall have been expended or contracted to be expended and the sanitary district board shall determine that the interest or necessity of the district demands that additional bonds are necessary for carrying out any of the objects of the district, the board may again proceed as in this Article provided to cause an election to be held for the issuance of such additional bonds and the issue and sale of such bonds and the expenditure of the proceeds therefrom shall be carried out as hereinbefore provided. In the event the proceeds of the sale of the bonds shall be in excess of the amount necessary for the purpose for which they were issued, such excess shall be applied to the payment of principal and interest of said bonds. 130-140. Funding or Refunding Bonds. A sanitary district may issue its negotiable funding or refunding bonds for the purpose of funding or refunding valid indebtedness of the sanitary district if such debt be payable at the time of the passage of the bond resolution authorizing bonds to fund or refund such debt, or be payable within one year thereafter, or if such debt, although payable more than one year thereafter, is to be cancelled prior to its maturity and simultaneously with the issuance of the bonds to fund or refund such debt. The word indebtedness or debt as used in this 1511 Section includes the principal of bonds, certificates of indebtedness and revenue anticipation notes, and includes the principal of funding bonds, refunding bonds and other evidences of indebtedness heretofore or hereafter issued pursuant to this Article. All such funding or refunding bonds shall be authorized by a bond resolution passed by the sanitary district board, which bond resolution shall state: 1 In brief and general terms the purpose for which the bonds are to be issued, including a brief description of the indebtedness to be funded or refunded sufficiently to identify such indebtedness. 2 The maximum aggregate principal amount of the bonds. 3 That a tax sufficient to pay the principal and interest of the bonds when due shall be annually levied and collected on all taxable property within the sanitary district. 4, That the resolution shall take effect upon its passage and shall not be submitted to the voters. Such bond resolution shall be published once a week for three successive weeks and a statement substantially in the form provided by G. S. 130-134 above shall be published with the bond resolution. Such funding or refunding bonds shall mature at any time or times, not later than forty years from their date. 180-141. Valuation of Property; Determining Annual Revenue Needed. Upon the creation of a sanitary district and after each assessment for taxes thereafter the board or boards of county commissioners of the county or counties in which the sanitary district is located shall file with the sanitary district board the valuation of assessable property within the district. The sanitary district board shall then determine the amount of funds to be raised for the ensuing year in excess of the funds available from surplus operating revenues set aside as provided in G. S. 1380-144 below to provide payment of interest and the proportionate part of the principal of all outstanding bonds, and retire all outstanding certificates of indebtedness, revenue anticipation notes issued against the district and to pay all obligations incurred by the district in the performance of its lawful undertakings. The sanitary district board shall determine the number of cents per one hundred dollars ($100.00) necessary to raise the said amount and so certify to the board or boards of county commissioners. The board or boards of county commissioners in their next annual levy shall include the number of cents per one hundred dollars ($100.00) so certified by the sanitary district board in the levy against all taxable property within the district, which tax shall be collected as other county taxes are collected and every month the amount of tax so collected shall be remitted to the sanitary district board and deposited by the said board in a bank in the State of North Carolina separately from other funds of the district. The officer or officers having charge or custody of the funds of the district shall require said bank to furnish security for protection of such deposits as provided in G. S. 159-28. 1512 The sanitary district board of any sanitary district, in lieu of collecting the taxes in the manner as hereinbefore provided, may cause to be listed by all the taxpayers residing within the district with the person designated by the district board, all the taxable property located within the district, and after determining the amount of funds to be raised for the ensuing year in excess of the funds available from surplus operating revenues set aside as provided in G. S. 130-144 to provide payment of interest and the proportionate part of the principal of all outstanding bonds, certificates of indebtedness, revenue anticipation notes issued against the district and to pay all obligations incurred by the district in the performance of all of its lawful undertakings, to determine the number of cents per one hundred dollars ($100.00) necessary to raise said amount. The said sanitary district board in its next annual levy shall levy against all taxable property in the district the number of cents per one hundred dollars ($100.00) necessary to raise the amount with which to pay the obligations of the district, including principal and interest on bonds, certificates of indebtedness, revenue anticipation notes and other lawful obligations of the district, which tax shall be collected in the same manner as taxes of other political subdivisions of the State of North Carolina are collected by a tax collector, to be selected by the sanitary district board of the sanitary district electing to assess, levy and collect its taxes in the manner herein provided. The tax collector selected by said sanitary district board and the depository, in which said taxes so collected are deposited, shall qualify in the same manner and give the necessary surety bonds as are required of tax collectors and depositories of county funds in the county or counties in which said sanitary districts are located. 130-142. Certificates of Indebtedness in Anticipation of Taxes; Loans under Local Government Act. A sanitary district board may issue certificates of indebtedness in anticipation of the levying and collection of taxes to cover any or all expenses incurred by the board incident to the preparation of the engineers report, holding of bond election or any other expenses incurred by the board. The amount of any certificates of indebtedness issued by the sanitary district board shall be included in the bond issue as hereinbefore provided. In the event that the election held within the district for the purpose of issuing bonds to provide funds for carrying out the objects of the district results in the defeat of said bonds the sanitary district board shall cause to be levied and collected a tax sufficient to pay such certificates of indebtedness or any other indebtedness incurred by the sanitary district board. Such tax shall be levied and collected in the same manner as provided in G. S. 130-141. A sanitary district board may borrow money under the provisions of the Local Government Act, for the purpose of paying appropriations made for the current fiscal year in anticipation of the collection of the taxes and other revenues of such fiscal year, payable at such time or times, not later than thirty days after the expiration of the current fiscal year, as the governing board may fix. No such loans shall be made if the amount thereof, together with the amount of similar previous loans remaining un- 1513 paid, shall exceed fifty per cent -50% of the amount of uncollected taxes and other revenue for the fiscal year in which the loan is made, as estimated by the chief financial officer and certified in writing by him to the governing body. 130-148. Engineers to Provide Plans and Supervise Work; Bids. The sanitary district board shall retain competent engineers to provide detail plans and specifications and to supervise the doing of the work undertaken by the district. As determined by the sanitary district board, such work or any portion thereof, may be done by the sanitary district board purchasing the material and letting a contract for the doing of the work or by letting a contract for furnishing all the material and the doing of the work. Any contract shall be let to the lowest responsible bidder submitting a sealed bid in response to a notice calling for such bid and published at least five times over a period of at least fifteen days in a newspaper or newspapers having a general circulation within the county or counties in which the district is located. Any material to be purchased by the sanitary district board, the cost of which is in excess of one thousand dollars ($1,000.00), shall be purchased from the lowest responsible bidder in the same manner as above provided. All work done shall be in accordance with the plans and specifications prepared by the engineers in conformity with the plan adopted by the sanitary district board. 130-144. Service Charges and Rates. A sanitary district board shall immediately upon the placing into service of any of its works apply service charges and rates which shall, as nearly as practicable, be based upon the exact benefits derived. Such service charges and rates shall be sufficient to provide funds for the proper maintenance, adequate depreciation, and operation of the work of the district, and provided said service charges and rates would not thereby be made unreasonable, to include in said service charges and rates an amount sufficient to pay the principal and interest maturing on the outstanding bonds of the district and thereby make the project self-liquidating. Any surplus from operating revenues shall be set aside as a separate fund to be applied to the payment of interest on bonds, to the retirement of bonds or both. As the necessity arises the sanitary district board may modify and adjust such service charges and rates from time to time. 130-145. Removal of Member of Board. A petition carrying the signatures of twenty-five per cent -25% or more of the legal voters within a sanitary district requesting the removal from office of one or more members of a sanitary district board for malfeasance or nonfeasance in office may be filed with the board of county commissioners of the county in which all or the greater portion of the legal voters of a sanitary district are located. Upon receipt of such petition the board of county commissioners or, in the event that the district is located in more than one county, a joint meeting of the boards of county commissioners shall be called, shall adopt a resolution calling an election, naming election officials, naming a date, and giving due notice thereof for the purpose of removing from office the mem- 1514 ber or members of the sanitary district board named in the petition. In the event that more than one member of a sanitary district board is subjected to recall in an election, the names of each member of the board subjected to recall shall appear upon separate ballots. If in such recall election, a majority of the legal votes within the sanitary district shall be cast for the removal of any member or members of the sanitary district board subject to recall, such member or members shall cease to be a member or members of the sanitary district board, and the vacancy or vacancies so caused shall be immediately filled as hereinbefore provided. The expense of holding a recall election shall be paid from the funds of the sanitary district. 130-146. Rights-of-Way Granted. A right-of-way in, along, or across any county or State highway, street or property within a sanitary district is hereby granted to a sanitary district in case such right-of-way is found by the sanitary district board to be necessary or convenient for carrying out any of the work of the district. Any work done in, along, or across any State highway shall be done in accordance with the rules and regulations of the State Highway Commission. 180-147. Returns of Elections. In all elections provided for in this Article the returns of such elections shall be made to the board or boards of county commissioners in which the sanitary district lies, and said board or boards of county commissioners shall canvass and declare the result of said election, and this determination of said board or boards of county commissioners upon the result of said election shall be by them certified to the sanitary district board for its action thereupon. 130-148. Procedure for Extension of District. The boundaries of any sanitary district may, with the approval of the sanitary district board, be extended under the same procedure as herein provided for the creation of a sanitary district: Provided, that ten per cent -10% of the freeholders resident in the district to be annexed are authorized to petition for an election upon the subject of annexation, and if such petition is filed with the sanitary district board, such election shall be held within the territory to be annexed under the rules and regulations hereinbefore provided. However, if the owners of all of the real property in the territory to be annexed petition any sanitary district board to include such real property within the boundaries of said district, then and in that event no election shall be necessary and such sanitary district board is authorized and empowered to enlarge its boundaries so as to include such property in the district upon the approval of its actions by the board of county commissioners of any county or counties within which said sanitary district lies, and with the further approval of the State Board of Health. In any case where the boundaries of a sanitary district shall have been extended and the proposition of issuing bonds of the district as enlarged shall not be approved by the voters at an election held within one year subsequent to such extension, fifty-one per cent -51% or more of the resident freeholders within the territory so annexed may, with the approval of the sanitary district board, petition the board of commissioners of the 1515 county in which the annexed territory is located, that the territory so annexed be disconnected and excluded from such sanitary district. Upon receipt of such petition the board of commissioners shall, through its chairman, transmit the petition to the State Board of Health requesting that the petition be granted. If, after a hearing, conducted under the same procedure as provided in G. S. 130-124 for the creation of sanitary districts, and after publication of notice thereof in the district, the State Board of Health shall deem it advisable to comply with the request of said petition, the State Board of Health shall adopt a resolution to that effect, and shall define the boundaries of the district, which shall be the boundaries of the district as it existed before the extension. 130-149. District and Municipality Extending Boundaries and Corporate Limits Simultaneously. Whenever the boundaries of a sanitary district lie wholly within or are coterminous with the corporate limits of a city or town and such sanitary district provides the only public water supply and sewage disposal system for such city or town, the boundaries of such sanitary district and the corporate limits of such city or town may, if and when extended, be extended simultaneously in the following manner: Twenty-five per cent -25% or more of the resident freeholders within the territory proposed to be annexed to the sanitary district and to the city or town may petition the sanitary district board and the governing board of the city or town setting forth the boundaries of the area proposed to be annexed and the objects it is proposed to accomplish, which petition may also include any area already within the corporate limits of the city or town but not already within the boundaries of the sanitary district. Upon receipt of such petition the sanitary district board and the governing board of the city or town shall meet jointly, and before passing upon the petition shall hold a public hearing upon the same and shall give prior notice of such hearing by posting a notice at the courthouse door of their county and also by publishing a notice at least once a week for four successive weeks in a newspaper published in said county. If at or after the public hearing the sanitary district board and the governing board of the city or town, acting jointly and with the approval of the State Board of Health, shall each approve the petition, then the question shall be submitted to a vote of all of the qualified voters in the area or areas proposed to be annexed and in the sanitary district and in the city or town, voting as a whole. Such election to be held on a date approved by the sanitary district board and by the governing board of the city or town. At such election the qualified voters who present themselves to the election officials at the respective voting places shall be furnished with ballots upon which shall be written or printed the words For Extension and Against Extension, and if at such election a majority of all the votes cast be For Extension, then from and after the date of the declaration of the result of such election the territory and its citizens and property shall be subject to all debts, ordinances, and regulations in force in said sanitary district and in said city or town, and shall be entitled to the same privileges and benefits as other parts of said sanitary district and said city or town. 1516 The newly annexed territory shall be subject to the sanitary district and the city or town taxes levied for the fiscal year following the date of such annexation. If at such election a majority of all the votes cast be Against Extension then there shall be no extension of either the boundaries of the sanitary district or the corporate limits of the city or town. The costs of holding and conducting such election for annexation, as herein provided, shall be paid one-half -4% by the sanitary district and one-half -4% by the city or town. Except as herein otherwise provided, when ordered by the sanitary district board and the governing board of the city or town acting jointly, the board of elections of the county in which the sanitary district and the city or town are located, shall call, hold, conduct and determine the result of such election, according to the provisions of Section 160-448 of the General Statutes. In any cases where the boundaries of a sanitary district and the corporate limits of a city or town are extended as herein provided, and the proposition of issuing bonds of the sanitary district as enlarged, in order to provide adequate facilities for the annexed area or areas, as may be determined by the sanitary district board, shall not be approved by the voters at an election held within one year subsequent to such extension, the territory so annexed may be disconnected and excluded from such sanitary district in the manner provided by G. S. 1380-148; and if the territory so annexed is disconnected and excluded from such sanitary district it shall automatically and without any further procedure or action of any kind whatsoever be disconnected and excluded from such city or town, provided, however, if the petition also includes areas within the present corporate limits of the city or town but not within the present boundaries of the sanitary district, such areas already within the corporate limits of the city or town shall not be disconnected or excluded from such city or town under the provisions of this Section. The powers granted by this Section shall be supplemental and additional to powers conferred by any other law and shall not be regarded as in derogation to any powers now existing. 130-150. Procedure for Withdrawing from District. In any sanitary district created under the provisions of this Article which has no outstanding indebtedness, fifty-one per cent -51% or more of the resident freeholders of a portion of any such sanitary district, with the approval of the sanitary district board, may petition the county commissioners of the county in which a major portion of the petitioners reside, that said portion of the district be disconnected and excluded from the said district and dissolved. If the board of county commissioners approves the petition, they shall submit to the residents of the entire district, at an election duly called for that purpose, the question of whether or not the portion of the district petitioning to be excluded shall be excluded. If a majority of those voting at said election vote to allow the petitioning portion of the district to be excluded, the county commissioners shall transmit that fact to the State 1517 Board of Health who shall exclude said portion of the district, dissolve said portion, and redefine the limits accordingly. 130-151. Dissolution of Certain Sanitary Districts. In any sanitary district established under this Chapter which has no outstanding indebtedness, fifty-one per cent -51% or more of the resident freeholders therein may petition the board of commissioners of the county in which all or the greater portion of the resident free-holders of the district are located to dissolve said district. Upon receipt of such petition, the board of county commissioners through its chairman, shall notify the State Board of Health and the chairman of the board of county commissioners of any other county or counties in which any portion of the district lies, of the receipt of such petition, and shall request that a representative of the State Board of Health hold a joint public hearing with the said county commissioners concerning the dissolution of the district. The State Health Director and the chairman of the board of county commissioners shall name a time and place within the district at which the public hearing shall be held. The chairman of the board of county commissioners shall give prior notice of such hearing by posting a notice at the courthouse door of the county and also by publication in a newspaper published in said county at least once a week for four successive weeks; and in the event such hearing is to be before a joint meeting of the boards of county commissioners of more than one county, then a like publication and notice shall be made and given in each of said counties. In the event that all matters pertaining to the dissolution of the sanitary district cannot be concluded at the hearing, any such hearing may be continued to a time and place determined by the representative of the State Board of Health. If after such hearing, the State Board of Health and the county commissioners concerned shall deem it advisable to comply with the request of said petition, the State Board of Health shall adopt a resolution to that effect, whereupon the district shall be deemed dissolved. 130-152. Further Validation of Creation of Districts. All actions prior to April 1, 1957, had and taken by the boards of commissioners of the various counties of the State, by the State Board of Health, by any officer thereof or by any other agency, board or officer of the State in the formation and creation, of sanitary districts in the State wheresoever situate, and the formation and creation, or the attempted formation and creation, of any and all such sanitary districts are hereby in all respects legalized, ratified, approved, validated and confirmed, and each and all such sanitary districts are hereby declared to be lawfully formed and created and to be in all respects legal and valid sanitary districts. 130-152.1. Further Validation of Extension of Boundaries of Districts. All actions prior to April 1, 1957, had and taken by the State Board of Health, any board of county commissioners, and any sanitary district board for the purpose of extending the boundaries of any sanitary district where said territory which was annexed contained no resident freeholders, and where the owner or owners of the real property annexed requested of such sanitary district board that said territory be annexed to and be within the 1518 boundaries of such sanitary district, are hereby legalized and validated, notwithstanding any lack of power to perform such acts or to take such proceedings, notwithstanding any defect or irregularity in such acts or proceedings. 130-153. Further Validation of Dissolution of Districts. All actions prior to April 1, 1957, had and taken by the boards of commissioners of the various counties of the State, by the State Board of Health, by any officer thereof or by any other agency, board or officer of the State in the dissolution of any sanitary district in the State, and the dissolution or attempted dissolution of any such sanitary district, are hereby in all respects legalized, ratified, approved, validated and confirmed. 130-154. Further Validation of Bonds of Districts. All actions and proceedings prior to April 1, 1957, had and taken and all elections held in any sanitary district in the State or in any district purporting to be a legal sanitary district by virtue of the purported authority and acts of any county board of commissioners or the State Board of Health or any other board, officer or agency for the purpose of authorizing, selling or issuing the bonds of any such sanitary district, and all such bonds at any time issued by or on behalf of any such sanitary district, are hereby in all respects legalized, ratified, approved, validated and confirmed, and all such bonds are hereby declared to be the legal and binding obligations of such sanitary district. 130-155. Authorizing Certain Sanitary District Boards to Levy Taxes. The sanitary district board of any such sanitary district is hereby authorized to levy, or cause to be levied, annually a special tax ad valorem on all taxable property in such sanitary district for the special purpose of paying the principal of and interest on any such bonds, and such tax shall be sufficient for such purpose and shall be in addition to all other taxes which may be levied upon the taxable property in said sanitary district. 130-156. Further Validation of Appointment or Election of Members of District Boards. All actions and proceedings prior to April 1, 1957, had and taken in the appointment or election of any members of any sanitary district board are hereby in all respects legalized, ratified, approved, validated and confirmed, and any and all members of any such board heretofore appointed or elected shall have all the powers and may perform all the duties required or permitted of them to be performed by this Article until their respective successors are elected and qualified: Provided, however, that any vacancy in any sanitary district board may be filled as provided in G. S. 130-127. ARTICLE 13 Water and Sewer Sanitation 130-157. Sanitary Engineering and Sanitation Units. For the purpose of promoting a safe and healthful environment, and developing such corrective measures as may be required to minimize environmental health hazards, the State Board of Health shall maintain appropriate units of sanitary engineering and sanitation. The State Health Director shall em- 1519 ploy such sanitary engineers, sanitarians, and other scientific personnel as are necessary to carry out the provisions of this Article and to make such other sanitary engineering and sanitation investigations and inspections as are required of the State Board of Health by law, or by regulations of the State Board of Health. ; 1380-158. Persons Supplying Water to Protect Its Purity. In the interest of the public health, every person, company, or municipal corporation or agency thereof supplying water to the public for drinking and household purposes shall take every reasonable precaution to protect from contamination and assure the healthfulness of such water, and any provisions in any charters heretofore granted to such persons, companies, or municipal corporations in conflict with the provisions of this Article are hereby repealed. 130-159. Board of Health to Control and Examine Waters; Rules. The State Board of Health shall have the general oversight and care of all inland waters to cause examination of said waters and their sources and surroundings to be made for the purpose of ascertaining whether the same are adapted for use as water supplies for drinking and other domestic purposes, or are in a condition likely to imperil the public health. The State Board of Health: shall make reasonable rules and regulations governing the location, construction, and operation of public water and sewer facilities. 130-160.. Sanitary Sewage Disposal; Rules. Any person owning or controlling any residence, place of business or place of public assembly shall provide a sanitary system of sewage disposal consisting of an approved privy, an approved septic tank, or a connection to a sewer system, under rules and regulation promulgated by the State Board of Health. 130-161. Systems of Water Supply and Sewerage; Plans Submitted. The State Board of Health shall from time to time consult with and advise the boards of all State institutions, the authorities of cities and towns, and persons already having or intending to introduce systems of water supply, drainage, or sewerage, or intending to make major alterations to existing systems of water supply, drainage, or sewerage, as to the most appropriate source of supply, the best practical method of assuring the purity thereof, or of disposing of their drainage or sewerage, having regard to the present and prospective needs and interests of other cities, towns, and persons which may be affected thereby. All such boards of directors, authorities, and persons are hereby required to give notice to the State Board of Health of their intentions to introduce or alter a system of water supply, drainage or sewerage, and to submit to the Board: such plans, surveys, and other information as may be required by rules and regulations promulgated by the State Board of Health. No such board of directors, authorities, or persons may enter into a contract for the introduction or alteration of a system of water supply, sewage disposal, or drainage until such plans and other information have been received, considered and approved by the State Board of Health. 130-162. Condemnation of Lands for Water Supply. All municipalities operating water systems and sewerage systems, and all water companies operating under charter from the State or license from municipalities, 1520 which may maintain public water supplies, may acquire by condemnation such lands and rights in lands and water as are necessary for the successful operation and protection of their plants. Condemnation proceedings under this Section shall be the same as prescribed by law under Chapter 40 of the General Statutes of North Carolina. 130-163. Sanitation of Watersheds; Rules. The State Board of Health is hereby authorized, empowered and directed to adopt rules and regulations governing the sanitation of watersheds from which public domestic or drinking water supplies are obtained. In promulgating such regulations the Board is authorized to consider the different classes of watersheds, taking into account general topography, nature of watershed development, density of population, need for frequency of sampling of raw water, and particular needs for public health protection. The regulations shall govern the keeping of livestock, operation of recreational areas, maintenance of residences and places of business, disposal of sewage, establishment of cemeteries or burying grounds, and any other factors which would endanger the public water supply. Any municipality or person furnishing water for domestic uses and human consumption, which secures its water from unfiltered surface supplies, shall have inspections made of the watershed area at least quarterly, and more often when, in the opinion of the State Board of Health, such inspections are necessary. 130-164. Defiling Public Water Supply. No person shall willfully defile, corrupt, or make impure any public or private water supply. No person shall willfully destroy or injure any pipe, conductor of water, or other property pertaining to an aqueduct. 130-165. Discharge of Sewage or Industrial Waste. No person or municipality shall flow or discharge sewage above the intake into any source from which a public drinking water supply is taken, unless said sewage shall have been passed through some system of purification approved by the State Board of Health; and the continued flow and discharge of such sewage may be enjoined. 130-166. Sewage Disposal on Watersheds. All schools, hamlets, villages, towns, or industrial settlements which are not provided with a sewer system, and which are now located or may be hereafter located on the watershed of any public water supply shall maintain and provide a reasonable system approved by the State Board of Health for collecting and disposing of all accumulations of human excrement within their respective jurisdiction or control. ARTICLE 14 Meat Markets and Abattoirs 130-167. Regulation of Places Selling Meat. For the better protection of the public health, the State Board of Health is hereby authorized, empowered, and directed to prepare rules and regulations governing the sanitation of meat markets, abattoirs, poultry processing plants, and other places where meat, meat products, or poultry products are prepared, 1521 handled, stored, or sold, and to provide a system of scoring and grading such places. No meat market, abattoir, or poultry processing plant which fails to meet minimum standards prescribed by said rules and regulations shall operate; provided, that this Article shall not apply to persons who raise and butcher for their own use and marketing meat, meat products, or poultry products; provided further that this Article shall not restrict the State Board of Agriculture in making rules and regulations governing the sanitation of meat plants, abattoirs, and poultry dressing or processing plants when a system of mandatory or voluntary meat, meat products, or poultry inspection is carried on in such plants by the North Carolina Department of Agriculture as provided by law. $130-168. Inspection Reports to be Filed with Local Health Director. Where municipalities or counties have a system of meat or poultry inspection as provided by law, the person responsible for such inspection work shall file a copy of all inspection work, reports, and other official data with the local health director. $130-169. Effect of the Article. The provisions of this Article shall be considered as additional to and not in conflict with authority granted the State Board of Agriculture and the Commissioner of Agriculture in Sections 106-159 to 106-166 of the General Statutes providing for the inspection of meat and meat products plants and the inspection of meat and meat products and in Sections 106-549.1 to 106-549.14 of the General Statutes providing for the voluntary inspection of poultry and poultry products. ARTICLE 15 Private Hospitals and Educational Institutions 130-170. Regulation of Sanitation by State Board of Health. To safeguard the health of patients, residents, and students of private hospitals, nursing and convalescent abodes, sanitariums, sanatoriums and educational or other institutions in North Carolina, the State Board of Health is hereby authorized and empowered to make rules and regulations governing the sanitation of all such establishments and to provide a system of grading applicable thereto. For the purposes of this Article the word private shall refer to all institutions other than those operated exclusively by the State of North Carolina. The non-private institutions are subject to sanitation inspections under the provisions of subsection 10 of G. S. 130-11. If any of the above-named establishments fails to meet the minimum standards set by the State Board of Health, a reasonable time shall be given by the State Board of Health in which to make the alterations necessary to meet those minimum standards. In cases where the public health or the health of the inmates will be threatened by continued operation of an institution which does not meet the minimum standards, the State Board of Health may apply to the Superior Court for injunctive relief pursuant to the provisions of G. S. 130-205. 1522 ARTICLE 16 Regulation of the Manufacture of Bedding 130-171. Definitions. In addition to the definitions set out in Article one of this Chapter, as used in this Article, or on the tags required by this Article: The word bedding means: Any mattress, upholstered spring, comforter, pad of a thickness of more than one inch, cushion or pillow used principally for sleeping, or like item of a thickness of more than one inch used principally for sleeping. Dual purpose furniture such as sofa beds and studio couches shall be included within this definition. The term second hand bedding means: Any bedding of which prior use has been made. The term new material means: Any material or article that has not been used in the manufacture of another article or used for any other purpose: Provided this shall not exclude by-products of industry that have not been in human use, unless otherwise excluded in this Article. The term previously used material means: (a) Any material which has been used in the manufacture of another article or used for any other purpose, (b) any material made into thread, yarn, or fabric, and subsequently torn, shredded, picked apart, or otherwise disintegrated, including jute. The word renovate means: The reworking or remaking of used bedding and returning it to the owner for his personal use or the use of his immediate family. The word manufacture means: Any making or remaking of bedding out of new or previously used materials, except for the makers own personal use or the use of his immediate family, other than renovating. The word sanitize means: Treatment of bedding or materials to be used in bedding for the destruction of pathogenic microorganisms and arthropods and the removal of dirt and filth. The word sell or sold shall, in the corresponding tense, include: Sell, have to sell, give away in connection with a sale, deliver or consign in sale, or rent; or, possess with intent to sell, deliver, consign in sale, or rent. The term itinerant bedding vendor means: Any person who sells bedding from a movable conveyance. The terms cotton, virgin cotton and staple cotton mean: The staple fibrous growth as removed from cottonseed in the usual process of ginning. The term cotton by-products means: Any by-products removed from cotton by the various machine operations necessary in the manufacture of cotton yarn. The term cotton linters means: The fibrous growth removed from cottonseed subsequent to the usual process of ginning. The word felt? means: Material that has been carded in layers by a garnett machine and is inserted into the bedding in layers. $130-172. Sanitizing. No person shall renovate any mattress without first sanitizing it in accordance with rules and regulations adopted by the State Board of Health. 1523 Any sanitizing apparatus or process used under this Article must conform to rules and regulations adopted by the State Board of Health, and shall be inspected and approved by a representative of the State Board of Health according to the rules and regulations of the State Board of Health. If, in the opinion of such representatives, the apparatus or process does not meet the standards established by said rules and regulations, such apparatus or process may be condemned by the representative of the State Board of Health, in which event such apparatus or process shall not be used for sanitizing any bedding or material required to be sanitized under this Article until the defects have been remedied and the apparatus or process complies with the rules and regulations of the State Board of Health. Any person sanitizing bedding must attach to said bedding a yellow tag containing such information as the State Board of Health may require, and affix thereto the adhesive stamp prescribed by G. S. 130-177. Any person sanitizing material or bedding for another person shall keep a complete record of the kind of material and bedding so sanitized, such record to be open to inspection by any representative of the State Board of Health. Any person who receives bedding for renovation or storage shall keep attached thereto, from the time received, a tag on which is legibly written the date of receipt and the name and address of the owner. 130-173. Manufacture Regulated. No person shall manufacture in this State any bedding containing previously used materials without first sanitizing the previously used materials in accordance with rules and regulations adopted by the State Board of Health. No manufacturing establishment shall store any unsanitized previously used materials in the same room with bedding or materials that are new or have been sanitized unless the new or sanitized bedding or materials are completely segregated from the unsanitized materials in a manner approved by regulations of the State Board of Health. All materials used in the manufacture of bedding in this State shall be reasonably clean and free from trash, oil, grease, or other extraneous matter. No material known as sweeps or oily sweeps may be used unless washed by a process approved by the State Health Director. No person shall manufacture any bedding to which, except as otherwise provided in this Article, is not securely sewed a tag of durable material approved by the State Board of Health, which tag shall be at least two inches by three inches in size, and to which is affixed the adhesive stamp provided for in G. S. 180-177. Such stamp shall be so affixed as not to interfere with the wording on the tag. Upon said tag shall be plainly stamped or printed with ink in English: (a) the name and kind of material or materials (as defined by this Article or by the regulations of the State Board of Health) used to fill such bedding; (b) the name and address of the maker or vendor of the bedding; (c) a registration number designated by the State Health Director; (d) in letters at least one-eighth inch high the words made of new material, if such bedding 1524 contains no previously used material; or the words made of previously used materials, if such bedding contains any previously used material; or the word second hand on any bedding which has been used but not remade. A white tag shall be used for new materials and a yellow tag for previously used materials or second hand bedding. Nothing FALSE or misleading shall appear on said tag, and it shall contain all statements and the adhesive stamp required by this Article, and shall be sewed to the outside covering of every piece of bedding being manufactured. Except in the case of dual purpose furniture, said tag must be sewed to the outside covering before the filling material has been inserted. No trade name or advertisement will be permitted on said tag. 130-174. Altering, etc., Tags Prohibited. No person, other than one purchasing bedding for his own use, or a representative of the State Board of Health, shall remove, deface, or alter the tag required by this Article. 130-175. Selling Regulated. No person shall sell any bedding in this State (whether manufactured within or without this State) which has not been manufactured, tagged, labeled, and stamped in the manner required by this Article, and which does not otherwise comply with the provisions of this Article. No person shall sell any second hand bedding or bedding containing any previously used material unless sanitized, since last used, in accordance with rules and regulations adopted by the State Board of Health: Provided, this Article shall not apply to a mattress sold by the owner and previous user from his home directly to a purchaser for his own personal use unless such mattress has been exposed to an infectious or contagious disease. Possession of any item covered by this Article in any store, warehouse, itinerant vendors conveyance, or place of business, other than a private home, hotel, or other place where such articles are ordinarily used, shall constitute prima facie evidence that the item so possessed is possessed with intent to sell. No second hand bedding shall be so possessed for a period exceeding 60 days until sanitized. 130-176. Registration Numbers, Licenses. All persons manufacturing or sanitizing bedding in North Carolina, or manufacturing bedding to be sold in North Carolina, shall make an application, in such form as the State Health Director shall prescribe, for a registration number. Upon receipt of such application, the State Board of Health shall issue to the applicant a certificate of registration showing such persons name and address, registration number, and such other pertinent information as the State Board of Health may require. For the purpose of defraying expenses incurred in the enforcement of the provisions of this Article, the following license fees are to be paid to the State Board of Health, deposited in the bedding law fund, and expended in accordance with the provisions of G. S. 1380-177. No person shall sanitize any bedding, as required by G. S. 130-172, unless he is exempted by other provisions of this Article, until he has secured a Sanitizers License from the State Board of Health upon the payment of twenty-five 1525 dollars ($25.00) for each calendar year. No person shall manufacture any bedding in this State, unless he is exempted by other provisions of this Article, until he has secured a Manufacturers License from the State Board of Health upon the payment of twenty-five dollars ($25.00) for each calendar year. The regular license period shall be from January 1 to December 31 of each year. However, any license bought after July 1 of any year shall be valid for the remaining part of that calendar year and shall be furnished at half the regular license fee. If any establishment owned by the holder of any such license or licenses should be sold, the license or licenses may be transferred with the business, such transfer to be accomplished under rules prescribed by the State Board of Health. All licenses required by this Article shall, at all times, be kept conspicuously posted in the place of business of the licensee. The State Health Director may revoke and void any of the aforesaid licenses of any person convicted twice within a twelve months period for violating this Article; provided, that the State Board of Health shall have authority, after 30 days from the date of revocation, to reinstate any revoked license upon the payment of the required fees. 130-177. Enforcement Funds. The State Board of Health is hereby charged with the administration and enforcement of this Article, and the Board shall provide specially designated adhesive stamps for use under the provisions of this Article. Upon request the Board shall furnish no less than five hundred such stamps to any person paying in advance eight dollars ($8.00) per five hundred stamps. Any person who manufactures bedding in North Carolina or any person who manufactures bedding to be sold in North Carolina may, in lieu of purchasing and affixing the adhesive stamps provided for by this Article, annually secure from the State Board of Health a Stamp Exemption Permit upon compliance with the provisions of this Section and the rules and regulations of the State Board of Health. The holder of a stamp exemption permit shall not be required to purchase or affix adhesive stamps to bedding manufactured or sold in North Carolina. The cost of a stamp exemption permit is to be determined annually by the total number of bedding items manufactured or sold in North Carolina by the applicant during the calendar year immediately preceding the issuance of the permit, at the rate of eight dollars ($8.00) for each five hundred -500 pieces of bedding or fraction thereof. A maximum charge of four hundred dollars ($400.00) shall be made for pieces of bedding manufactured in North Carolina but not sold in North Carolina. Applications for stamp exemption permits must be submitted in such form as the State Board of Health shall prescribe. No stamp exemption permit may be issued to any person unless he has done business in North Carolina throughout the preceding calendar year in compliance with the provisions of this Article, and unless he complies with the rules and regulations of the State Board of Health governing the granting of stamp exemption permits. 1526 The State Board of Health is hereby authorized and directed to prepare rules and regulations for the proper enforcement of this Section. The rules and regulations shall include provisions governing the type and amount of proof which must be submitted by the applicant to the State Board of Health in order to establish the number of bedding items that were, during the preceding calendar year: (a) Manufactured in North Carolina and sold in North Carolina; (b) manufactured outside of North Carolina and sold in North Carolina; and (c) manufactured in North Carolina but not sold in North Carolina. Because of the greater difficulty involved in auditing the records of out-of-State manufacturers, the State Board of Health is authorized to require a greater amount of proof from out-of-State manufacturers than from in-State manufacturers. The State Board of Health may provide in its regulations for additional proof of the number of bedding items sold during the preceding calendar year when it has reason to believe that the proof submitted by the manufacturer (whether in-State or out-of-State) is incomplete, misleading, or incorrect. All money collected under this Article shall be paid to the State Health Director, who shall place all such money in a special bedding law fund, which is hereby created and specifically appropriated to the State Board of Health, solely for expenses in furtherance of the enforcement of this Article. The State Health Director shall semiannually render to the State Auditor a TRUE statement of all receipts and disbursements under said fund, and the State Auditor shall furnish a TRUE copy of said statement to any person requesting it. All money in the bedding law fund shall be expended solely for: (a) Salaries and expenses of inspectors and other employees who devote their time to the enforcement of this Article, or (b) expenses directly connected with the enforcement of this Article, including attorneys fees, which are expressly authorized to be incurred by the State Health Director without authority from any other source when in his opinion it is advisable to employ an attorney to prosecute any persons: Provided, however, that a sum not exceeding twenty per cent -20% of such salaries and expenses above enumerated may be used for supervision and general expenses of the State Board of Health. $180-178. Enforcement by State Board of Health. The State Board of Health, through its duly authorized representatives, is hereby authorized and empowered to enforce the provisions of this Article. Any person who shall hinder any representative of the State Board of Health in the performance of his duty under the provisions of this Article shall be guilty of a violation of this Article. Every place where bedding is made, remade, renovated, or sold, or where material which is to be used in the manufacture of bedding is mixed, worked, or stored, shall be inspected by duly authorized representatives of the State Board of Health. Any representative of the State Board of Health may order off sale, and so tag, any bedding which is not made, sanitized, tagged, or stamped as required by this Article, or which is tagged with a tag containing a state- 1527 ment FALSE or misleading, and such bedding shall not be sold or otherwise removed except with the consent of a representative of the State Board of Health, until such defect is remedied and a representative of the State Board of Health has re-inspected same and removed the off-sale tag. Any person supplying material to a bedding manufacturer shall furnish therewith an itemized invoice of all material so furnished. Each material entering into willowed or other mixtures shall be shown on such invoice. The bedding manufacturer shall keep such invoice on file for one year subject to inspection by any representative of the State Board of Health. When an authorized representative of the State Board of Health has reason to believe that bedding is not tagged or filled as required by this Article, he shall have authority to open a seam of such bedding to examine the filling; and if unable after such examination to determine if the filling is of the kind stated on the tag, he shall have the power to examine any purchase or other records necessary to determine definitely the kind of material used in such bedding, and he shall have power to seize and hold for evidence any such records and any bedding or bedding material which in his opinion is made, possessed or offered for sale contrary to this Article, and shall have power to take a sample of any bedding or bedding material for the purpose of examination or for evidence. 130-179. Exemptions for Blind Persons and State Institutions. In the cases where bedding is manufactured, sanitized, or renovated in a plant or place of business owned or operated by blind persons in which place of business not more than one sewing assistant who is not blind is employed in the manufacture or renovation of mattresses, the bedding shall be inspected pursuant to this Article, but it shall not be required that stamps be affixed or that a license tax be paid, and bedding made by such blind persons may be sold by any dealer without the stamps being affixed. State institutions engaged in the manufacture, renovation, or sanitation of bedding for their own use or that of another State institution are exempted from all provisions of this Article. ARTICLE 17 Cancer Control] Program 180-180. State Board of Health to Administer Program; Rules. The State Board of Health shall administer a program for the prevention and treatment of cancer to the extent specified in this Article and the State Board of Health is authorized to promulgate rules and regulations to carry out such program. $130-181. Financial Aid for Diagnosis, Hospitalization and Treatment. The State Board of Health shall furnish to indigent citizens of North Carolina having or suspected of having cancer, and who comply with the rules and regulations specified by the State Board of Health, financial aid for diagnosis, hospitalization, and treatment, and the State Board of Health may furnish to all citizens facilities for diagnosis of cancer. Such diagnosis, hospitalization, and treatment shall be given said patients in any hospital 1528 in this State which meets the minimum requirements for cancer control established by the State Board of Health. In order to administer such financial aid in the manner which will afford the greatest benefit to said persons, the State Board of Health is hereby authorized to promulgate rules and regulations specifying the terms and conditions upon which the patients may receive such financial aid, and act upon such applications in the manner which will best effectuate the purposes of this Article. The State Board of Health may develop with the State Board of Public Welfare procedures for determining the needs of indigent and other low-income applicants for financial aid in carrying out the purposes of this Article. 130-182. Cancer Clinics. The State Board of Health is authorized to establish and designate minimum standards and requirements for the organization, equipment and conduct of State-sponsored cancer clinics or departments in hospitals or health departments in this State to the end that said hospitals or health departments may intelligently prepare and adequately equip their institutions to diagnose, prevent and treat cancer. 130-183. Tabulation of Records. The State Board of Health shall compile, tabulate and preserve statistical, clinical, and other records relating to the prevention and cure of cancer. The clinical records of individual patients shall be considered confidential matter and shall not be open to inspection, except as provided by this Chapter and the regulations of the State Board of Health. 130-184. Reporting of Cancer. It shall be the duty of every physician to notify the local health director of the name, address and such other items as may be specified by the State Board of Health, of any person by whom such physician is consulted professionally and who is found to have cancer of any type. The report shall be made within five days after the diagnosis of cancer is established, or within five days after obtaining reasonable evidence for believing that such person is so afflicted. The forms used for reporting shall be prepared and supplied by the State Board of Health. The local health director shall forward to the State Board of Health all report cards within five days of their receipt from the physician. 130-185. Assistance to Hospitals and Physicians. The State Board of Health shall assist hospitals and local health departments in the State in organizing and conducting cancer clinics as a part of the cancer control program, and shall assist physicians and hospitals and local health departments in establishing the early diagnosis of cancer and in preparing themselves to render the most efficient service in the cancer control program. 130-186. Cancer Committee of North Carolina Medical Society. In formulating the plans and policies of the program for the prevention and cure of cancer, the State Board of Health shall consult with the cancer committee of the North Carolina Medical Society, which shall consist of one physician from each congressional district, to the end that the cancer control program shall most effectively serve the welfare of the people of the State, and such plans and policies shall be presented to and approved by said cancer committee. 1529 ARTICLE 18 Midwives 130-187. Regulations of Midwives. No person shall practice midwifery in this State without a permit granted by the State Board of Health or a local board of health, under rules and regulations adopted by the State Board of Health or local board of health. The State Board of Health and the local boards of health are authorized to promulgate rules and regulations governing the practice of midwifery. ARTICLE 19 Loan Fund for Dental Students 130-188. State Board of Health. The State Board of Health is hereby authorized to establish a loan fund to be known as The Little Jack Loan Fund for junior and senior dental students by setting aside an amount, not to exceed twenty-two thousand, five hundred dollars ($22,500.00), for such purpose from the special dental fund. $130-189. Conditions Under Which Loans to be Made. Loans are to be made upon agreement that the recipient will, upon graduation from dental school and the securing of license to practice dentistry in North Carolina, join the staff of the Division of Oral Hygiene of the North Carolina State Board of Health, and repay said Board of Health each month, from salary received, an amount to be agreed upon by the loan committee and the recipient, until said loan is paid in full. The loan is to be secured by approved notes, without interest. Should said borrower-employer relationship be severed, for any cause, the unpaid balance of the loan will become due immediately. 130-190. Administration and Custody of Loan Fund; Selection of Recipients; Loans to Minors. Administration of the loan fund and selection of recipients are to be directed by a loan committee to be composed of the State Health Director, the dental member of the State Board of Health and the Director of the Division of Oral Hygiene. The budget officer of the State Board of Health is to be the custodian of the loan fund and will issue checks and receive payments of loans. The loan committee herein established shall have the power and authority to formulate and negotiate all contracts involved in making loans under this Article. It shall have the power and authority to impose such reasonable contractual conditions as may be necessary to safeguard the fund herein established and shall fix all conditions as to amounts, length of time loans shall run, conditions of repayment and any and all things necessary to carry out the intent and purpose of this Article. The fact that a junior or a senior dental student is under twenty-one years of age shall not invalidate any obligation signed by such junior or senior dental student under the provisions of this Article and all such contracts, notes, agreements and other papers and documents signed by any junior or senior dental student under twenty-one years of age shall be legal, valid, binding and enforceable to the same extent as if said junior or senior dental student had already attained the age of twenty-one years or more. 1530 ARTICLE 20 Surgical Operations on Inmates of State Institutions 130-191. Procedure When Surgical Operations on Inmates are Necessary. The medical] staff of any penal or charitable hospital or institution of the State of North Carolina is hereby authorized to perform or cause to be performed by competent and skillful surgeons surgical operations upon any inmate when such operation is necessary for the improvement of the mental or physical condition of the inmate. The decision to perform such operation shall be made by the chief medical officer of the institution, with the approval of the superintendent of the institution, and with the advice of the medical staff of said institution. No such operation shall be performed without the consent of the inmate; or, if the inmate be a minor, without the consent of a responsible member of his family, a guardian, or one having legal custody of such minor; or, if the inmate be non compos mentis, then the consent of a responsible member of his family or of a guardian must be obtained. In any event in which a responsible member of the inmates family, or a guardian for such inmate, cannot be found, as evidenced by the return of a registered letter to the last known address of the guardian or responsible relative, then the local health director of the area in which the hospital or institution is located shall be authorized to give or withhold, on behalf of the inmate, consent to the operation. If the operation on the inmate is determined by the chief medical officer to be an emergency situation in which immediate action is necessary to preserve the life or health of the inmate, and the inmate, if sui juris, is unconscious or otherwise incapacitated so as to be incapable of giving consent or in the case of a minor or inmate non compos mentis, the consent of a responsibile member of his family, guardian, or one having legal custody of such inmate cannot be obtained within the time necessitated by the nature of the emergency situation, then the decision to proceed with the operation shall be made by the chief medical officer and the superintendent of the institution with the advice of the medical staff of the institution. In all cases falling under this Article, the chief medical officer of the institution and the medical staff of the institution shall keep a careful and complete record of the measures taken to obtain the permission for such operation and a complete medical record signed by the medical superintendent or director, the surgeon performing the operation and all surgical consultants of the operation performed. This Article is not to be considered as affecting the provisions of Article 7 of Chapter 35 of the General Statutes dealing with eugenical sterilization. ARTICLE 21 Post-Mortem Medicolegal Examinations 130-192. Committee Created. For the purpose of administering this Article, there is hereby created within the State Board of Health a committee to be known as the Committee on Post-Mortem Medicolegal Examina- 1531 tions, which committee shall consist of seven persons, six of which shall be ex officio members designated by notification in writing to the Governor as follows: -1 The State Health Director. -2 The Attorney General, or a member of his staff designated by him. -3 The Director of the State Bureau of Investigation or a member of his staff designated by him. -4 The head of the Department of Pathology of the Medical School of the University of North Carolina or his representative from said department designated by such departmental head. -5 The head of the Department of Pathology of the Bowman Gray School of Medicine of Wake Forest College or his representative from said department designated by such departmental head. -6 The head of the Department of Pathology of the School of Medicine of Duke University or his representative from said department designated by such departmental head. -7 One member shall be a layman appointed by the Governor. The State Health Director shall be the chairman of the committee. Regular meetings shall be held at such times as may be determined by the committee, and special meetings may be called at any convenient time and place upon reasonable notice signed by any three members. Four members shall constitute a quorum for the transaction of any business coming before the committee. The ex officio members shall have all the privileges, rights, powers and duties of the appointed member and shall serve on the committee during the tenure of their respective offices or that of the officer they represent. The member appointed by the Governor shall serve for a period of four years. 130-193. Powers and Duties of the Committee. The committee shall have power subject to the approval of the State Board of Health: (a) To make, amend, repeal, and promulgate necessary rules and regulations for its own government and procedure and for the performance of its duties under this Article, including the power to allocate the expenses of performing autopsies and to impose and allocate the expenses of performing toxicological studies. (b) To accept grants, contributions, gifts, devises and bequests which may be used for purposes not inconsistent with the said grants, gifts, contributions, devises and bequests and for any other purposes as deemed necessary by the committee. (c) To authorize the chairman of the committee and his employees to cooperate with all educational institutions and law enforcement agencies of the State for the purpose of furthering medicolegal education and training. (d) To establish and maintain a toxicological laboratory under the supervision of the State Board of Health or if the committee deems it advisable so to do, contract with other technical personnel or for the use of technical facilities for the purpose of providing toxicologie service. 1532 130-194. Powers and Duties of the Chairman of the Committee. It shall be the duty of the chairman of the committee to attend the meetings of the committee, to keep a record of such meetings, to attend to the official correspondence of the committee, to act as custodian of the files and records of the committee, to receive reports directed to the committee, to cause to be performed and to supervise and control medicolegal post-mortem examinations, to furnish pertinent information and reports relating to such investigations as directed by the committee, and to perform all other duties delegated to him by the committee. 130-195. Assistants and Employees, Salaries and Expenses. (a) The chairman of the committee may, with the approval of the committee, employ such professional, clerical, technical, and other assistants as are necessary to serve at the pleasure of the chairman of the committee and, subject to the provisions of the State personnel regulations and budgetary laws, fix the compensation and travel expenses of all persons so employed, such compensation and travel expenses to be in keeping with the compensation paid to persons employed to do similar work in other State departments, institutions, or commissions. (b) No salary or other compensation for services shall be allowed members of the committee who already receive compensation as officials or employees of the State. Service on the committee is to be considered as part of the duties of such officials as representatives of their respective departments. Reimbursement for travel shall be made from travel funds available in their respective departments. The other members of the committee who are not officials or employees of the State shall receive ten dollars ($10.00) per day, including necessary time spent in traveling to and from their place of residence within the State to any place of meeting or while traveling on official business of the committee. In addition, they shall receive mileage according to State practice while going to and from any place of meeting or when on official business of the committee. (c) For the more efficient conduct of the fiscal affairs of the committee, as well as for the convenience of any State agency, officer or department that may hold or have appropriated to or the custody of funds for the use and benefit of the committee, all such funds shall be held in a separate or special account on the books and records of such State agency, officer or department with a separate financial designation or code number to be assigned by the Budget Bureau or its agent, and said funds shall be expended solely upon the proper authorization or order of the committee. 130-196. District Pathologists. The committee shall have the power to divide the State into districts, and to alter such districts as from time to time the committee shall see fit, for the more effective administration of its duties under this Article. The chairman of the committee shall be empowered, with the concurrence of the committee, to appoint district pathclogists to serve at the pleasure of the committee. Any person holding the office of coroner may be appointed as district pathologist or as a member of the committee, and any coroner who may be so appointed shall serve as 1533 such as a part of his duties as a coroner and shall not be considered as holding a separate office within the meaning of Article 14, Section 7, of the Constitution of North Carolina. It shall be the duty of each district pathologist with whatever aid, assistance, and guidance by the chairman of the committee as the circumstances may require, to perform a complete autopsy upon the body of the deceased in cases referred to him, under the provisions of G. S. 130-199 below, and to make pathological studies of such anatomical materials as may be submitted to him by any medical examiner in his district or by others empowered by this Article to make such reference in the performance of their official duties. The district pathologist shall prepare a report to the chairman of the committee on every post-mortem examination, and on every pathological anatomical study, in such form as may from time to time be prescribed by the committee, copies of which he shall deliver to the referring medical examiner or other referring person, to the Solicitor of the Superior Court of the district, and to the coroner of the county wherein the body of the deceased or any part of a body examined by him was found: Provided that a copy of said report shall be furnished to any other interested person upon order of a court of record after need therefor has been shown. For each autopsy performed by reason of reference by a medical examiner or by others empowered by this Article to make such references, the district pathologist shall receive a fee to be fixed in each case by the board of county commissioners, after consultation with the committee, and paid by the county of legal residence of the deceased or by the county wherein the body or remains of the deceased were first found, if the legal residence is unknown or is other than the State of North Carolina. For each report made on pathological anatomical materials submitted to him for study, the district pathologist shall receive a fee to be fixed in each case by the board of county commissioners, after consultation with the committee, and paid by the county wherein the anatomical materials were first found. Such fees shall constitute full compensation of the district pathologist for duties performed under this Section. 180-197. County Medical Examiner. The chairman of the committee shall appoint, subject to the approval of the committee and of the board of county commissioners of each county of the State that elects to come under this Article, a qualified and practicing physician as medical examiner for the county to serve at the pleasure of the board of county commissioners and until his successor has been appointed and qualified, and said person so appointed may be the county coroner, and any coroner who may be so appointed shall serve as such as a part of his duties as a coroner and shall not be considered as holding a separate office within the meaning of Article 14, Section 7 of the Constitution of North Carolina. Each county medical examiner may appoint one or more assistant county medical examiners, with the concurrence of the chairman of the committee, to serve at the pleasure of the county medical examiner who makes such appointment. 1534 Upon the death of any person on or after January 1, 1956, apparently by the criminal act or default of another, or apparently by suicide, or suddenly when apparently in good health, or while an inmate of any penal or correctional institution, or under any suspicious, unusual or unnatural circumstances, the medical examiner of the county in which the body of the deceased is found shall be notified by the physician in attendance, by any law enforcement officer having knowledge of such death, by the undertaker, by a member of the family of the deceased, by any person present, or by any person having knowledge of such deaths, and no person shall disturb the body at the scene of death until authorized by the county medical examiner. In cases which come under G. S. 152-7, the medical examiner shall notify the coroner. A similar procedure shall be followed upon discovery of anatomical material suspected of being or determined to be a part or parts of a human body. 130-198. Duties of County Medical Examiner. Upon receipt of notice as specified in G. S. 130-197, the county medical examiner shall in each case make a physical and medical examination of the body or parts of a body which may be found, make inquiries regarding the cause and manner of death, reduce his findings to writing, and promptly make a full report thereof to the coroner of the county in which the body or any part of a body was found, to the Solicitor of the Superior Court of the district in which the body or any part of a body was found, to the chairman of the committee and may, upon request furnish a copy of his report to the head of the law enforcement agency charged with the responsibility for the investigation of the incident upon forms or in the manner prescribed by the committee: Provided that a copy of said report shall be furnished to any other interested person upon order of a court of record after need therefor has been shown. The county medical examiner may delegate his duties in a particular case to one of his assistant county medical examiners, or may perform the same jointly with him. For each investigation under this Article, including the making of the required reports, the county medical examiner shall receive a fee to be fixed by the board of county commissioners, after consultation with the committee, which shall be paid by the county for which he is appointed. $130-199. When Autopsies and Other Pathological Examinations to be Performed. If, in the opinion of the medical examiner of the county wherein the body or anatomical material is first found under any of the circumstances set forth in G. S. 1380-197, it is advisable and in the public interest that an autopsy or other pathologic study be made, or if an autopsy or other pathologic study is requested by the Superior Court Solicitor or by any Superior Court Judge, having authority in the judicial district wherein such county lies, such autopsy or pathological study shall be made by the district pathologist or by a competent pathologist designated by the chairman of the committee for such purpose. In any case of death under circumstances set forth in G. S. 130-197 where a body shall be buried without a medical examination being made 1535 as specified in G. S. 180-198, or in any case where a body shall be cremated except in compliance with the provisions of this Article, G. . 130-200 in particular, it shall be the duty of the medical examiner of the county in which the body is buried, was cremated, or the remains were found, upon being advised of such facts, to notify the Superior Court Solicitor who shall communicate the same to any resident or assigned Judge of the Superior Court, and such Judge may order that the body or the remains be exhumed and an examination or autopsy performed thereon by the district pathologist, or by a pathologist appointed by the chairman of. the committee, The pertinent facts disclosed by the examination or autopsy shall be communicated to the Superior Court Judge who ordered it, for such action thereon as he, or the court of which he is judge, deems proper. A copy of the report of the examination or autopsy findings and interpretations shall be filed with the chairman of the committee and the Superior Court Solicitor: Provided that a copy of said report shall be furnished to any other interested person upon order of a court of record after need therefor has been shown. : 130- 200 When Medical. Examiners Porn on, Necessary Before Embalming, Burial and Cremation. (a) In any case where it is the duty of the county medical examiner to view the body and investigate the death of.a deceased person as herein provided, it shall be unlawful to embalm the. said body until the written permission of the county medical examiner has first been obtained, and such county medical examiner shall make the certificate of death required for a burial-transit permit, stating thereon the name of the disease causing death; or, if from external causes, -1 the means of death, and -2 whether (probably) accidental, suicidal, homicidal; and shall, in any case, furnish such information as may be required by the State Registrar of Vital Statistics in order properly to classify the death. (b). It shall be unlawful to embalm or to bury a dead body, or to issue a burial-transit permit, when any fact within the knowledge of, or brought to the attention of, the embalmer, the undertaker, or the local registrar of vital statistics charged. with the issuance of burial-transit permits, is sufficient. to arouse suspicion of crime in connection with the death of the deceased, until the written permission of the county medical examiner has first been obtained. (c) No burial-transit eerie for cremation of a body shall be issued by the local registrar charged therewith and no cremation of a body. shall be carried out until the county medical examiner shall have certified in writing that he has made inquiry into the cause and manner of death and is of the opinion that no further examination concerning the same is necessary. 130-201. Coroner to Hold Inquests, etc.; Post-Mortem Examinations and Remains Under Control,of Chairman of Committee. Nothing in this Article shall. be construed. as precluding a coroner from holding inquests or taking other steps as provided in G. S. 152-7 as hereby amended. All postmortem examinations under this Article shall be held and done under and 1536 subject to the control and direction of the chairman of the committee, who is hereby also vested with primary control over the remains, subject to the provisions of this Article. 130-202. Election to Adopt Article. This Article shall not become effective until after its adoption by resolution of the board of county commissioners of the county desiring to come within the purview of this Article. Any county having elected to come within the purview of this Article may, at the end of any fiscal year of such county, by appropriate resolution exclude itself from the provisions of this Article. ARTICLE 22 Remedies 130-203. Penalties. Except as otherwise provided in this Chapter, any person who violates any provision of this Chapter or who willfully fails to perform any act required, or who willfully does any act prohibited by this Chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or by imprisonment for a period not to exceed two years or by both such fine and imprisonment in the discretion of the court; provided, however, that any person who willfully violates any rules or regulations adopted by the State Board of Health or by any local board of health pursuant to this Chapter or who willfully fails to perform any act required by, or who willfully does any act prohibited by, such rules and regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed fifty dollars ($50.00) or by imprisonment for a period not to exceed thirty days. 130-204. Right of Entry. Authorized representatives of the State Board of Health or any local board of health shall have at all times the right of proper entry upon any and all parts of the premises of any place in which such entry is necessary to carry out the provisions of this Chapter, or the rules and regulations adopted under the authority of this Chapter; and it shall be unlawful for any person to resist a proper entry by such authorized representatives of the State Board of Health or local board of health upon any premises other than a private dwelling. : 130-205. Injunction. If any person shall violate or threaten to violate the provisions of this Chapter or any rules and regulations adopted pursuant thereto and such violation, if continued, or such threatened violation, if committed, is or may be dangerous to the public health or if any person shall hinder or interfere with the proper performance of duty of the State Health Director or his representative or any local health director or his representative and such hindrance or interference is or may be dangerous to the public health, the State Health Director or any local health director may institute an action in the Superior Court of the county in which such violation, threatened violation, hindrance or interference occurred for injunctive relief against such continued violation, threatened violation, hindrance or interference, irrespective of all other remedies at law, and 1537 upon the institution of such an action, the procedure shall be in accordance with the provisions of Article 37 of Chapter 1 of the General Statutes. 130-206. Severability. If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the Chapter, or the application of such provision to other persons or circumstances, shall not be affected thereby.

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