8 Pa.C.S. Ch. 31

in effect

8 Pa.C.S. § 3100 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Board." A board of health established under section 3101(a) (relating to administration). "Board secretary." The secretary of a board. "Department." The Department of Health of the Commonwealth. "Health officer." An individual appointed under section 3101(a) or 3103(b)(1)(iii) (relating to oaths, officers and security). "Professional health care provider." An individual who is licensed, certified or registered to practice or operate in the health care field under the laws of this Commonwealth. The term includes: (1) A physician. (2) A dentist. (3) A podiatrist. (4) A chiropractor. (5) An optometrist. (6) A psychologist. (7) A pharmacist. (8) A registered or practical nurse. (9) A physical therapist. (10) A physician's assistant. (11) A paramedic. (12) An administrator of any hospital, nursing or convalescent home or other health care facility. (13) A veterinarian.

8 Pa.C.S. § 3101 Administration.

(a) Establishment.--The council may, by ordinance, appoint a board of health or a health officer to administer and enforce the health ordinances and related ordinances of the borough. A health officer must have experience or training in public health work and must, within six months of taking the oath of office, be certified for the office of health officer by the department. (b) Expenses.--Expenses incurred by the board or a health officer shall be paid by the borough. (c) Dissolution.--A borough may, by ordinance, dissolve a board and decide to become subject to the jurisdiction of a county department of health or joint county department of health under the act of August 24, 1951 (P.L.1304, No.315), known as the Local Health Administration Law. Cross References. Section 3101 is referred to in section 3100 of this title.

8 Pa.C.S. § 3102 Board.

(a) Membership.-- (1) A board appointed by a council shall be composed of three or five members, subject to the following: (i) Except as set forth in subparagraph (ii), at least one member must be a professional health care provider with not less than two years' experience in the practice of the member's respective profession. (ii) If subparagraph (i) cannot be met, at least one member must have had experience in or be knowledgeable of public health issues. (2) (Reserved). (b) Terms.-- (1) Initial terms shall be staggered as follows: (i) For a three-member board: (A) one member shall serve a term of one year; (B) one member shall serve a term of two years; and (C) one member shall serve a term of three years. (ii) For a five-member board: (A) one member shall serve a term of one year; (B) one member shall serve a term of two years; (C) one member shall serve a term of three years; (D) one member shall serve a term of four years; and (E) one member shall serve a term of five years. (2) Subsequent terms shall be staggered as follows: (i) For a three-member board, a subsequent term shall be three years. (ii) For a five-member board, a subsequent term shall be five years. (c) Compensation.-- (1) Except as set forth in paragraph (2), the members of the board shall serve without compensation. (2) Paragraph (1) shall not apply to a member of the board who is elected board secretary under section 3103(b)(2) (relating to oaths, officers and security).

8 Pa.C.S. § 3103 Oaths, officers and security.

(a) Oath of office.--A member of the board must take the oath prescribed for borough members of council. (b) Officers.-- (1) The board shall annually organize by electing: (i) a president from among the members of the board; (ii) a board secretary who may or may not be a member of the board; and (iii) a health officer. (2) The board secretary and the health officer shall receive salaries fixed by the board and ratified by the council. (3) The board secretary and health officer shall serve until a successor is elected and qualified. (c) Security.--The council may require the board secretary and health officer to furnish a bond to the borough in a prescribed amount for the faithful discharge of their duties. Cross References. Section 3103 is referred to in sections 3100, 3102 of this title.

8 Pa.C.S. § 3104 Duties of board secretary.

The board secretary has the following duties: (1) To maintain, under 53 Pa.C.S. Ch. 13 Subch. F (relating to records), the minutes of the proceedings of the board and keep accurate accounts of the expenditures of the board. (2) To draw requisitions for the payment of money on account of the board from appropriations made by the council to the board and present the requisitions to the president of the board for the president's approval. (3) To render statements of the expenditures to the board at each stated meeting or as frequently as the board requires. (4) To prepare, under the direction of the board, the annual report to the council and the estimate of appropriation needed for the ensuing year. (5) To report to the department at statutory or regulatory intervals the cases of communicable disease reported to the board on the form provided by the department and make an annual report to the department. (6) To perform other duties required by the board.

8 Pa.C.S. § 3105 Powers and duties of health officer.

(a) Powers.--A health officer may issue a citation for violation of a health ordinance or related law. (b) Duties.--A health officer has the following duties: (1) Administer and enforce the health ordinances of the borough and related law. (2) Perform the duties as are vested in local health officers by statute or regulation. (3) Make sanitary inspections. (4) Execute the orders of the board. (5) Attend all regular and special meetings of the board of health.

8 Pa.C.S. § 3106 Powers and duties of board.

(a) Powers.--A board has the following powers to: (1) Recommend to the council rules and regulations necessary for the preservation of the public health and for carrying into effect the functions of the board. (2) Appoint a health officer. A health officer must have experience or training in public health work and must, within six months of taking the oath of office, be certified for the office of health officer by the department. (3) Abate and remove nuisances the board deems detrimental to the public health. (4) Mark infected premises. (b) Duties.--A board has the duty to enforce all of the following related to promotion of public health and prevention of the introduction and spread of infectious or contagious disease: (1) A statute. (2) A regulation of the department. (3) An ordinance of the borough. Cross References. Section 3106 is referred to in section 3107 of this title.

8 Pa.C.S. § 3107 Entry upon premises.

(a) Authority.-- (1) This subsection applies to all of the following: (i) A member of a board. (ii) A health officer. (iii) An employee of a board or a health officer. (iv) An agent of a board or a health officer. (2) An individual subject to paragraph (1) may, upon order of the board: (i) enter premises in the borough where an infectious or contagious disease or a nuisance detrimental to the public health is suspected; and (ii) examine and abate the disease or nuisance. (b) Warrant.--If entry under subsection (a)(2)(i) is prevented, the board of health or health officer may obtain an administrative search warrant from a magisterial district judge with jurisdiction over the premises upon a showing of any of the following: (1) Reasonable standards and an administrative plan for conducting inspections. (2) The condition of the premises or general area and the passage of time since the last inspection. (3) Probable cause of a violation of a law specified in section 3106(b) (relating to powers and duties of board). Cross References. Section 3107 is referred to in sections 32A04, 32A05 of this title.

8 Pa.C.S. § 3108 Abatement of nuisances.

(a) Initial order.--If the board finds a condition or premises to be a nuisance to the health of the people of the borough, it shall issue a written order of abatement directed to the owner or agent of the owner of the premises. The order shall: (1) state that the conditions specified in the premises constitute the nuisance; and (2) order an abatement of the nuisance within a specified reasonable time. (b) Subsequent order.-- (1) Upon noncompliance of the order under subsection (a), the board shall issue a written order to the health officer directing removal or abatement of the nuisance. (2) An order under paragraph (1) shall be executed by the health officer or an agent of the health officer. (3) The expense of execution under paragraph (2) shall be recoverable as a municipal claim from the owner of the premises, with a 10% penalty. (c) Legal action.--In lieu of or in addition to the procedure under subsections (a) and (b), council may seek relief from a nuisance or threatened nuisance by an action at law or in equity. Council may seek guidance of the board or the health officer in determining the nature of the relief requested.

8 Pa.C.S. § 3109 Expenditures.

(a) Estimate.--The board or the health officer shall submit to council, before commencement of the borough's fiscal year, an estimate of the probable expenditures of the board or the health officer during the ensuing fiscal year. (b) Appropriation.--Council shall make appropriations based on the estimate as deemed necessary. (c) Report.--The board or the health officer shall, each January, submit a report to council on: (1) the appropriation and the expenditures for the preceding fiscal year; and (2) information on subjects relative to the sanitary conditions or requirements of the borough.

8 Pa.C.S. § 3110 Cooperation.

A borough may cooperate in the administration and enforcement of health laws with: (1) the department; (2) a county in which the borough is located; and (3) a municipal corporation.

8 Pa.C.S. § 3111 Department.

(a) No limitation.--Nothing in this part may be construed to limit the powers and duties of the department, including the powers and duties under Article XXI of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. (b) Expenses.-- (1) Expenses of the department for which the borough is liable shall be paid by the borough where the expenses have been incurred. (2) If expenses under paragraph (1) are unpaid for a period of more than three months after a statement of the expense has been rendered to the borough and demand for payment is made, the Secretary of Health shall, with the approval of the Governor, institute an action against the borough for the collection of the expense. The reasonableness of the expenditures made by the secretary shall be submitted to the jury for its determination. (3) Upon payment, the department shall return the money to the State Treasurer, who shall credit the amount to the appropriation made to the department.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=08Fetched: 10/16/2026