Section 321 - Local health officer; power of commissioner to appoint; expenses1. If any local board of health fails to appoint a health officer qualified as provided in the sanitary code, the commissioner may exercise the powers of a health officer in such municipality, or designate a health officer qualified as provided in the sanitary code, to exercise such powers.2. The expenses lawfully incurred by the commissioner in such municipality shall be a charge upon and paid by such municipality until such time as a local health officer shall be appointed therein, whereupon the jurisdiction conferred by this section on the commissioner or other person designated by him shall cease.N.Y. Pub. Health Law § 321