73 Pa.C.S. Ch. 47

in effect

73 Pa.C.S. § 4701 Appointment of boards of health and health officers.

(a) General rule.--The board of commissioners may, by ordinance, establish a board of health or the office of health officer to administer and enforce the health ordinances and related ordinances of the township. A health officer must, whether appointed by the board of commissioners or by the board of health, 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 of Health. (b) Payment of expenses.--Expenses incurred by the board of health or a health officer shall be paid by the township. (c) Dissolution.--A township may, by ordinance, dissolve a board of health or the office of health officer 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.

73 Pa.C.S. § 4702 Members of board.

(a) Composition.-- (1) A board of health appointed by the board of commissioners shall be composed of three or five members, at the discretion of the board of commissioners. (2) At least one of the board members shall be a reputable professional health care provider with no less than two years' experience in the practice of the respective profession. (3) If no professional health care provider can be identified to serve on the board, the board of commissioners may appoint an individual at a public meeting who has experience in, or is knowledgeable of, public health issues. (b) First appointments.--At the first appointment for a board: (1) With three members: (i) One member shall be appointed to serve for one year. (ii) One member shall be appointed to serve for two years. (iii) One member shall be appointed to serve for three years. (2) With five members: (i) One member shall be appointed to serve for one year. (ii) One member shall be appointed to serve for two years. (iii) One member shall be appointed to serve for three years. (iv) One member shall be appointed to serve for four years. (v) One member shall be appointed to serve for five years. (3) Subsequent terms for board members shall be staggered, and, for a three-member board, a subsequent term shall be three years, and, for a five-member board, a subsequent term shall be five years. (c) Salary for secretary.--The members of the board of health shall serve without compensation, but if a member of the board shall be elected to the office of secretary, the member shall be entitled to receive a salary fixed by the board for that office. (d) Definition.--As used in this section, the term "professional health care provider" means 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 the following: (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 a hospital, nursing or convalescent home or other health care facility. (13) A veterinarian.

73 Pa.C.S. § 4703 Organization of board.

(a) Oath of office.--The members of the board shall each take the oath or affirmation prescribed for township officers. A secretary or health officer appointed under subsection (b) shall take the oath or affirmation required of members of the board. (b) Officers.--The board shall annually organize by electing a president from among the members of the board, a secretary, who need not be a member of the board, and a health officer, who may not be a member of the board. The secretary and the health officer shall receive salaries fixed by the board and ratified by the board of commissioners and shall serve for a period of one year or until a successor is elected and qualified. (c) Bonds.--The board of commissioners may require the secretary and health officer to furnish a bond to the township, in an amount fixed by ordinance, for the faithful discharge of the secretary's or health officer's duties. (d) Payment of fees and penalties into township treasury.--Fees collected or received by the board, or by an officer in the officer's official capacity, shall be paid into the township treasury monthly, together with penalties which shall be recovered for the violation of a regulation of the board. (e) Oaths and affirmations.--The president and secretary shall have full power to administer oaths or affirmations in any proceeding or investigation regarding the regulations of the board but shall not be entitled to receive a fee for the administration of oaths and affirmations.

73 Pa.C.S. § 4704 Duties of secretary.

The secretary of the board has the following duties: (1) 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) Transmit bills to the board of commissioners for payment in the same manner as other bills of the township are paid. (3) Draw requisitions for the payment of money on account of the board of health and present the requisitions to the president of the board for the president's approval. (4) Provide statements of the expenditures to the board at each stated meeting or as frequently as the board requires. (5) Prepare, under the direction of the board, the annual report to the board of commissioners and the estimate of appropriation needed for the following year. (6) Report to the Department of Health at statutorily or regulatorily required intervals the cases of communicable disease reported to the board of health on the form provided by the Department of Health and make an annual report to the Department of Health. (7) Perform other duties as may be required by the board of health.

73 Pa.C.S. § 4705 Powers and duties of health officer.

(a) Citations.--A health officer may issue a citation for a 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 township and related laws. (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 of health. (5) Attend all regular and special meetings of the board of health.

73 Pa.C.S. § 4706 Powers and duties of board of health.

(a) General rule.--A board of health has the following powers: (1) Recommend to the board of commissioners 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. (3) Abate and remove nuisances the board of health deems detrimental to the public health. (4) Mark infected premises. (b) Enforcement.--A board of health has the duty to enforce all of the following related to the 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 of Health. (3) An ordinance of the township. Cross References. Section 4706 is referred to in section 4707 of this title.

73 Pa.C.S. § 4707 Entry of premises.

(a) General rule.--Upon order of the board of health or upon order of a health officer if there is no board of health, the following individuals may enter a premises in the township where an infectious or contagious disease or a nuisance detrimental to the public health is suspected and examine and abate the disease or nuisance: (1) A member of the board of health. (2) A health officer. (3) An employee of a board of health or a health officer. (4) An agent of a board of health or a health officer. (b) Search warrant.--If entry to the premises under subsection (a) 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 4706(b) (relating to powers and duties of board of health).

73 Pa.C.S. § 4708 Abatement of nuisances.

(a) General rule.--If the board of health, or health officer if there is no board of health, finds a condition or premises to be a nuisance to the health of the residents of the township, the board of health or health officer shall issue a written order of abatement directed to the owner, agent of the owner or the occupant of the premises. The order, which shall be a public record, shall state that the conditions specified in the order constitute a nuisance and order an abatement of the nuisance within a specified reasonable time. (b) Noncompliance.--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. An order shall be executed by the health officer or an agent of the health officer. The expense of the execution of the order shall be recoverable as a nuisance claim from the owner of the premises with a 10% penalty. (c) Other relief.--In lieu of or in addition to the procedures under subsections (a) and (b), the board of commissioners may seek relief from a nuisance or threatened nuisance by an action at law or in equity. The board of commissioners may seek guidance of the board or health officer in determining the nature of the relief requested.

73 Pa.C.S. § 4709 Expenditures.

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

73 Pa.C.S. § 4710 Cooperation in health work.

A township may cooperate with a political subdivision and with the Department of Health in the administration and enforcement of health laws.

73 Pa.C.S. § 4711 Powers of Department of Health.

(a) General rule.--Nothing in this part may be construed to limit the powers and duties of the Department of Health, 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) The expenses of the Department of Health for which the township is liable shall be paid by the township 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 expenses has been rendered to the township and demand for payment is made, the Secretary of Health shall, with the approval of the Governor, institute an action against the township for the collection of the expenses. The reasonableness of the expenditures made by the secretary shall be submitted to the jury for the jury's determination. (3) Upon payment, the Department of Health shall return the money to the State Treasurer, who shall credit the amount to the appropriation made to the Department of Health.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=73Fetched: 10/16/2026