11 Pa.C.S. Ch. 123

11 Pa.C.S. Ch. 123
in effect

11 Pa.C.S. § 12300 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: "Public nuisance" or "nuisance." A nuisance detrimental to the public health, unless a different meaning is specified.

11 Pa.C.S. § 12301 Board of health.

A city shall have a board of health. Council may, by ordinance, create a board of health or council shall be the board of health. If council is the board of health, members of council shall receive no additional compensation for serving on the board.

11 Pa.C.S. § 12302 Members of appointed boards of health.

(a) General rule.--Council shall appoint five members to a board of health created by ordinance. Appointed members shall serve without compensation. Except in the case of an appointed member who is a licensed or certified health care professional with a principal office in the city, members of the appointed board of health must be residents of the city. (b) Qualifications.-- (1) Two members of the board must be licensed or certified health care professionals, unless council cannot identify two professionals who are willing to serve, in which case, one member must be a licensed or certified health care professional. (2) If no licensed or certified health care professional can be identified to serve on the board, council may appoint an individual who has experience or is knowledgeable of public health issues. (c) Licensure and certification required.--Health care professionals pursuant to this section must be licensed or certified by: (1) the State Board of Medicine; (2) the State Board of Examiners of Nursing Home Administrators; (3) the State Board of Podiatry; (4) the State Board of Veterinary Medicine; (5) the State Board of Occupational Therapy Education and Licensure; (6) the State Board of Osteopathic Medicine; (7) the State Board of Pharmacy; (8) the State Board of Physical Therapy; (9) the State Board of Nursing; (10) the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors; (11) the State Board of Chiropractic; (12) the State Board of Dentistry; (13) the State Board of Optometry; (14) the State Board of Psychology; or (15) the State Board of Examiners in Speech-Language and Audiology. (d) Terms.--After the creation of the board, for initial membership, council shall, by ordinance, designate one appointee for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years. For subsequent membership, one member of the board shall be appointed annually to serve for a term of five years from the first Monday of January succeeding the member's appointment. (e) Removal.--Council may remove appointed members of the board for official misconduct or neglect of duty. (f) Vacancies.--A vacancy on an appointed board shall be filled by council. Council shall appoint a qualified individual to membership on the board for the unexpired term of the individual whose membership had been vacated.

11 Pa.C.S. § 12303 Oath of office.

(a) General rule.--Each member of the board of health shall take the oath of office prescribed in section 10905 (relating to oath of office, violation of oath and penalty). (b) Organization.--The board of health shall organize annually on the first Monday of January and shall elect a president annually from among its members. (c) Appointment of secretary.--Council shall appoint a secretary of the board of health who is not a member of the board of health. The secretary shall receive a salary as approved by council.

11 Pa.C.S. § 12304 Duties of secretary.

The secretary of the board shall: (1) Keep the minutes of the proceedings of the board and accurate accounts of the expenditures of the board. (2) Draw all requisitions for the payment of money on account of the board of health from appropriations made by council to the board and shall present the requisitions to the president of the board for the president's approval. (3) Render statements of the expenditures to the board at each stated meeting or as frequently as the board may require. (4) Prepare, under the direction of the board, the annual report to council, together with the estimate of appropriations needed for the ensuing year. (5) Make reports to the Department of Health as required by law, rule or regulation of the department. (6) Make other reports and perform other duties as required by law or by the board of health.

11 Pa.C.S. § 12305 Health officer.

(a) Selection and oath.-- (1) Council shall, by ordinance, determine the manner and method of selection of a health officer who shall be an individual with experience or training in public health work and who shall be or shall become certified for the office of health officer by the State Department of Health within six months of taking the oath of office. (2) The health officer shall take the oath required of members of the board. (3) The health officer shall be the agent of the board of health but shall not serve as a member of the board of health. (b) Qualifications.-- (1) Council may appoint, as the principal health officer of the city, the manager or chief administrator employed and compensated by a nonprofit corporation which may be appointed as a board of health in accordance with Subchapter C (relating to corporations acting as boards of health). (2) The manager or chief administrator, to be eligible for appointment, must be a reputable physician with at least five years' experience in the practice of the physician's profession or in public health work. (3) The principal health officer, appointed pursuant to this subsection, shall have all the powers, authority and duties prescribed by law upon principal health officers. Cross References. Section 12305 is referred to in section 12333 of this title.

11 Pa.C.S. § 12306 Duties of health officer.

(a) General rule.--The health officer shall: (1) Attend all regular and special meetings of the board of health. (2) Be available for the prompt performance of the health officer's official duties. (3) Quarantine places of communicable diseases in accordance with law and with the rules and regulations of the Department of Health or of the city board of health. (4) Execute all laws, rules and regulations for the disinfection of quarantined places. (5) Serve written notice on teachers and persons in charge of public, parochial, Sunday and other schools requiring the exclusion of children from school who are suffering from or who reside with individuals who are suffering from communicable diseases. (6) Make sanitary inspections subject to constitutional standards in a similar manner as provided in section 12308 (relating to powers of board of health). (7) Execute the orders of the board of health and all other laws, rules, regulations and orders pertaining to the health officer's office. (b) Issuance of citations.--The health officer shall, to the extent the health officer's duties allow, have the power to issue citations for the violation of applicable laws or ordinances.

11 Pa.C.S. § 12307 Duties of board of health.

(a) General rule.--The board of health shall prevent or diminish the introduction or further spread of infectious or contagious diseases and otherwise to protect and increase the public health by: (1) regulating access to places of infection or contagion; (2) isolating carriers of infection or contagion or individuals who have been exposed to any infectious or contagious disease; (3) abating or removing all nuisances which the board deems prejudicial to the public health; and (4) enforcing vaccination laws. (5) promulgating regulations, as it deems proper, for the preservation or improvement of public health, consistent with this chapter and the laws of this Commonwealth. (b) Enforcement.--In carrying out its duties under this chapter, the board of health shall, if authorized, enforce the laws of this Commonwealth that are relevant to and relate to its duties. (c) Transmittal of information.--The board of health shall transmit to the Department of Health all of its reports and publications and other information regarding public health in the city as may be requested or required by the department.

11 Pa.C.S. § 12308 Powers of board of health.

The board of health shall: (1) If authorized by council, employ agents and employees at rates of compensation approved by council. (2) Enter upon any premises within the city, as a body or by committee or by its agents or employees, which are suspected of infectious or contagious disease or of any other nuisance prejudicial to the public health or which pose danger, for the purpose of examining the premises or of preventing, confining or abating public nuisances. The following apply: (i) In the event that entry upon any premises is refused by an owner, an agent of an owner or tenant, the board of health shall obtain an administrative search warrant from a magisterial district judge within the judicial district where the premises to be inspected is located. (ii) It shall be sufficient to support the issuance of a warrant for the board of health to provide to the magisterial district judge evidence of any of the following: (A) Reasonable standards and an administrative plan for conducting inspections. (B) The condition of the premises or general area and the passage of time since the last inspection. (C) Facts, supported by an oath or affirmation, alleging that probable cause exists that a law, regulation or ordinance subject to enforcement by the board of health has been violated. (3) Conduct investigations and hold public hearings in the performance of its duties and powers. In a hearing under this paragraph, the president and secretary of the board may administer oaths and affirmations, but shall receive no fee for administration, and the board of health may require the attendance of witnesses and their books and papers in accordance with section 10917 (relating to powers of subpoena and compelling testimony). (4) Publish and enforce its rules and regulations as approved by council. (5) If approved by council, provide for or cooperate in providing for general and gratuitous vaccination, disinfection and other public health control programs and make medical relief available to benefit public health. (6) Provide, in accordance with Subchapter B (relating to public nuisances detrimental to public health), for the prevention, abatement and removal of conditions found to be detrimental to public health as public nuisances or to declare and certify to council that the premises or places harboring the detrimental condition are public, not private, nuisances. Cross References. Section 12308 is referred to in sections 12306, 127A02, 127A04, 141A04, 141A05 of this title.

11 Pa.C.S. § 12309 Effect of rules and regulations.

Rules and regulations adopted by the board of health shall be presented to council for its approval subject to the following: (1) Council may approve, by ordinance, the rules and regulations submitted by the board of health. (2) Upon approval by council, the rules and regulations of the board of health shall have the force and effect of ordinances of the city. (3) The ordinance approving the rules and regulations may incorporate them by reference. (4) Council shall provide a place for the public to view the rules and regulations. (5) The ordinance approving the rules and regulations shall prescribe the penalties, fines or imprisonment for violations.

11 Pa.C.S. § 12310 Fees and penalties.

All fees and penalties collected or received by the board of health or a board officer acting in an official capacity shall be paid to the city treasurer for use by the city.

11 Pa.C.S. § 12311 Proceedings of board of health to be public.

The proceedings of the board of health shall be public and its journal of proceedings shall be open to public inspection.

11 Pa.C.S. § 12320 Determination of public nuisances.

(a) General rule.--A condition or usage in a city, whether public or private, determined by the board of health to be detrimental to the public health shall constitute a public nuisance. (b) Powers.--The powers of investigation and entering upon premises vested in the board of health and its agents and employees pursuant to its orders shall be available for the determination of public nuisances.

11 Pa.C.S. § 12321 Abatement of public nuisances by designated department.

(a) Duty to report.--If, in accordance with this subchapter, the board of health determines that a public nuisance exists, it shall report its determination, along with any request for summary abatement, to the department designated by council in section 127A02 (relating to report and investigation of public nuisance). (b) Procedure.--The report to the designated department that the board of health has determined that a public nuisance exists shall be deemed a determination by the designated department that a public nuisance exists as required by section 127A02(d)(1). Notwithstanding any other provision of Chapter 127A (relating to nuisance abatement), the department designated to abate public nuisances shall proceed as follows: (1) Summary abatement, if requested by the board of health, shall be pursued if the criteria set forth in section 127A02(d)(2) exists. (2) If summary abatement is not pursued, proceed with abatement with prior notice in accordance with Chapter 127A.

11 Pa.C.S. § 12330 Board of directors of corporation to be appointed members of board of health.

(a) General rule.--Council may, by ordinance, appoint the members of a board of directors of a nonprofit corporation as the board of health for the city for a term of five years, provided that the nonprofit corporation: (1) Has as its principal purpose to substantially preserve and promote the public health of the city and to control and eliminate disease. (2) Has sufficient means to render valuable assistance to the city's public health affairs, in the opinion of council and the Department of Health. (3) Is properly organized and managed. (4) Has not fewer than five and not more than nine members on the board of directors. (5) Has at least two reputable physicians on the board, each of whom has not less than five years' experience in the practice of the physician's profession. (b) Vacancies.--When the office of any member of the board of directors is terminated pursuant to the nonprofit corporation's charter or bylaws, the office of the member of the board of health shall also terminate with the resulting vacancy to be filled under subsection (c). (c) Additional members to board of health.-- (1) If the number of the board of directors of the nonprofit corporation increases, subject to the limitation of a maximum of nine members, council may appoint any individual added to the corporation's board of directors as an additional member of the board of health for a term equal to the unexpired term of the other members. (2) An additional appointment under this subsection shall be subject to any subsequent termination resulting from a limitation in the corporation's charter and bylaws. Cross References. Section 12330 is referred to in section 12338 of this title.

11 Pa.C.S. § 12332 Power of board.

The board of health under this subchapter shall have all the power and authority and perform the duties prescribed by law upon boards of health of cities.

11 Pa.C.S. § 12333 Health officer.

Pursuant to section 12305(b) (relating to health officer), council may appoint the manager or chief administrator of a nonprofit corporation as the principal health officer of the city.

11 Pa.C.S. § 12334 Secretary.

The secretary of the board of directors of the nonprofit corporation under this subchapter may serve as secretary of the board of health.

11 Pa.C.S. § 12335 Filling of vacancies.

(a) General rule.--Council may appoint successors for vacancies on the board of health that occur: (1) As five-year terms of board members expire. The successors shall serve for five-year terms. (2) For any other reason, but a successor appointment shall be for the unexpired portion of the five-year term. (b) Selection.--Successors, whether appointed for a five-year term or the unexpired portion of a five-year term, shall be selected from the members of the nonprofit corporation's board of directors.

11 Pa.C.S. § 12337 No compensation for members.

The members of the board of health under this subchapter shall serve without compensation from the city.

11 Pa.C.S. § 12338 Applicability of subchapter.

This subchapter shall be effective only under the circumstances set forth in section 12330 (relating to board of directors of corporation to be appointed members of board of health).

11 Pa.C.S. § 12340 Penalty.

Any person who: (1) violates any provision of this chapter or any order or regulation of the board of health made under the authority of this chapter; (2) violates any law, regulation or ordinance referred to or authorized by this chapter; (3) obstructs or interferes with any person in the execution of any order or regulation of the board; or (4) willfully and illegally refuses to obey any order or regulation of the board; commits a summary offense punishable in accordance with sections 11018.16 (relating to enforcement of ordinances, recovery and payment of fines and penalties) and 11018.17 (relating to penalty).
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=11Fetched: 10/16/2026

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