Subchapter IV. General Provisions.

§ 7–171. Chief Clerk and Chief Inspector not to act as deputy.

After April 2, 1938, neither the Chief Clerk nor the Chief Inspector of the Department of Human Services of the District of Columbia shall act as a deputy to the Director of the Department of Human Services of said District.

§ 7–172. Assistant Director of Public Health to be physician and discharge duties of health officer during his absence or disability.

The Assistant Director of Public Health shall be a physician, and during the absence of or disability of the Director of Public Health shall act as Director of Public Health and discharge the duties incident to that position.

§ 7–173. Inspector of Fish and Other Marine Products.

The duties and the authority conferred by law upon the Inspector of Fish and Other Marine Products on May 26, 1908, are hereby vested in each of the Sanitary and Food Inspectors.

§ 7–174. Certain ordinances of Board of Health legalized — Generally; exceptions.

The ordinances of the late Board of Health of the District of Columbia, as revised, amended, and adopted, November 19, 1875, entitled “An ordinance to revise, consolidate, and amend the ordinances of the Board of Health, to declare what shall be deemed nuisances injurious to health, and to provide for the removal thereof,” as printed in the report of said late Board of Health made to the 1st session of the 44th Congress, being Executive Document No. 1, part 8, are hereby legalized; and the respective penalties therein prescribed for violations thereof may be imposed and enforced for the respective offenses therein described, excepting the sections of said ordinance following, namely: Sections 7, 9, and 14, which said sections are not hereby legalized.

§ 7–175. Certain ordinances of Board of Health legalized — Titles.

The ordinances, rules, and regulations of said late Board of Health contained in the report mentioned in § 7-174 and printed in the said Executive Document therein mentioned, namely:

(1) “An ordinance to amend an ordinance to prevent domestic animals from running at large within the Cities of Washington and Georgetown, passed by the Board of Health May 19, 1871”;

(2) “An ordinance to prevent the sale of unwholesome food, in the Cities of Washington and Georgetown”;

(3) “An ordinance to provide for the inspection of streets, food, livestock, fish and other marine products, in the Cities of Washington and Georgetown, and to define the duties of Inspectors and other officers of the Board of Health”;

(4) “An ordinance to amend § 10 of the Code so as to read”;

(5) “An ordinance to amend an ordinance passed May 13, 1873, to read as follows”;

(6) “An ordinance to prevent committing or creating nuisances in or about public urinal or urinals located within the Cities of Washington and Georgetown”;

(7) “Rules and regulations in regard to smallpox”;

(8) Regulations and ordinances cited in paragraphs (1) through (7) of this section are legalized and made valid; and the penalties therein provided respectively for violations thereof, may be imposed and enforced for the violations of the same respectively as provided by § 27 of the ordinances passed November 19, 1875.

§ 7–176. Certain ordinances of Board of Health legalized — Force and effect; exemptions from enforcement; alternative sanctions; adjudication of infractions.

Except as provided in § 7-175, the ordinances of the late Board of Health of the District of Columbia, as legalized by §§ 7-174 and 7-175, are hereby declared to have the same force and effect within the District of Columbia as if enacted by Congress in the 1st instance, and the powers and duties imposed upon the late Board of Health, in and by the said ordinances, are hereby conferred upon the Director of the Department of Human Services of said District, and all prosecutions for violations of said ordinances and regulations shall be in the Superior Court of the District of Columbia in the name of the said District; provided, that said regulations shall not be enforced against industries established on Aug. 7, 1894, which are not a nuisance in fact. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infractions of the late Board of Health of the District of Columbia, as legalized by §§ 7-174 and 7-175, or any rules or regulations issued under the authority of those sections, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.

§ 7–177. Certain ordinances of Board of Health legalized — Alteration, amendment, or repeal.

The Council of the District of Columbia is hereby authorized and empowered, in making regulations under the authority conferred by Congress, to alter, amend, or repeal any of the ordinances of the late Board of Health of said District which were legalized by §§ 7-174 and 7-175, whenever in its judgment the public interest requires it.

(Feb. 28, 1889, 30 Stat. 1390, Joint Res. No. 21.)

Prior Codifications

1981 Ed., § 6-113.

1973 Ed., § 6-114.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(133) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 7–178. Reception, burial, and identification of ashes of certain cremated indigent persons.

The Director of the Department of Human Services is authorized to provide and furnish proper containers for the reception, burial, and identification of the ashes of all human bodies of indigent persons that are cremated at the public crematorium, which ashes remain unclaimed after 12 months from date of such cremation.

§ 7–179. Dairy Inspector may act as Inspector of Livestock.

Any Inspector of Dairies and Dairy Farms may act as Inspector of Livestock when directed by the Director of the Department of Human Services.

§ 7–180. Tuberculosis Sanatoria and District of Columbia General Hospital.

The following hospital and sanatoria, on and after July 1, 1937, shall be under the direction and control of the Department of Human Services of the District of Columbia and subject to the supervision of the Mayor of the District of Columbia: Tuberculosis Sanatoria and District of Columbia General Hospital.

(June 29, 1937, 50 Stat. 376, ch. 403, § 1.)

Prior Codifications

1981 Ed., § 6-116.

1973 Ed., § 6-117.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3 of the District of Columbia Health and Hospitals Public Benefit Corporation Emergency Amendment Act of 2000 (D.C. Act 13-454, November 7, 2000, 47 DCR 9413).

Editor's Notes

Health Department abolished: The Health Department of the District of Columbia, including the office of the head thereof, was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 57 of the Board of Commissioners, dated June 30, 1953, and Reorganization Order No. 52, dated June 30, 1953, combined and redesignated Organization Order No. 141, dated February 11, 1964, established under the direction and control of a Commissioner, a Department of Public Health headed by a Director, for the purpose of planning, implementing, and directing public health and hospital care programs, and for performing certain other allied medical and paramedical functions. The Anatomical Board was established under the direction and control of the Director of Public Health consisting of members as prescribed in the D.C. Code. Prior to redesignation, the Order abolished the previously existing Health Department, Gallinger Hospital, Glenn Dale Sanatorium, and the Anatomical Board, and transferred their functions and positions to the new Department. The organization of the new Department was set out in the Order. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions stated in Organization Order No. 141 were transferred to the Director of the Department of Human Resources by Commissioner’s Order No. 69-96, dated March 7, 1969, as amended by Commissioner’s Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by Reorganization Plan No. 2 of 1979, dated February 21, 1980, which Plan established the Department of Human Services.

Tuberculosis Hospital and Gallinger Municipal Hospital abolished: The Tuberculosis Hospital and Gallinger Municipal Hospital were abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 57 as amended, redesignated as Organization Order No. 141 and amended, established under the direction and control of a Commissioner, a Department of Public Health headed by a Director, for the purpose of planning, implementing, and directing public health and hospital care programs, and for performing certain other allied medical functions. Prior to its redesignation, the Order abolished the previously existing Gallinger Municipal Hospital and transferred all of its positions and functions to the new Department. It further provided that within the Department, the District of Columbia General Hospital would perform all functions previously performed by Gallinger Municipal Hospital. Functions of the Department of Public Health as set forth in Organization Order No. 141 were transferred to the Director of the Department of Human Resources by Commissioner’s Order No. 69-96, dated March 7, 1969, as amended by Commissioner’s Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by Reorganization Plan No. 2 of 1979, dated February 21, 1980, which Plan established the Department of Human Services.

Revision of chapter: D.C. Law 4-34 repealed former Chapter 2, containing §§ 6-201 to 6-204 [1981 Ed.], and enacted present Chapter 2 of former Title 6, containing §§ 7-201 to 7-228 [2001 Edition], in lieu thereof.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.