3.70 RELATIONSHIP BETWEEN STATE AND LOCAL HEALTH DEPARTMENTS

A. State Board of Health Rules.

1. Local boards of health and local health officers shall enforce.

   1. Each local board of health shall enforce through the local health officer or administrative officer, if any, the rules promulgated by the State Board of Health and the Secretary of Health. RCW 70.05.060(1).

   2. Each local health officer, acting under the direction of the local board of health or under direction of the administrative officer, if any, shall enforce the rules of the State Board of Health and the Secretary of Health. RCW 70.05.070(1).

B. Authority of Secretary to Act in Local Matters.

1. Action in lieu of local boards of health. The Secretary shall enforce the public health laws of the state and the regulations of the Department of Health or the State Board of Health in local matters when:

   1. An emergency exists; and

   2. The local board of health has failed to act, or is unable to act with sufficient promptness or efficiency, or when no local board has been established. RCW 43.70.130(4).

2. Action in lieu of local health officers. The Secretary may exercise the same authority as a local health officer when:

   1. The safety of the public health demands it in an emergency; or

   2. The local health officer fails or is unable to act; or

   3. By agreement. RCW 43.70.130(7).