Document Citation: 53 P.S. § 48107

Header:
PENNSYLVANIA STATUTES
TITLE 53. MUNICIPAL AND QUASI-MUNICIPAL CORPORATIONS
PART VI. BOROUGHS
CHAPTER 91. THE BOROUGH CODE
ARTICLE XXXI. HEALTH AND SANITATION

Date:
02/17/2014

Document:
NOTICE: This section is repealed in part pursuant to Act 1961, Sept. 29, P.L. 1745 and Section 2 of Act 1990, Dec. 19, P.L. 1343, No 209.

§ 48107. Entry upon premises

(a) The board of health as a body, or by committee, as well as the health officer, together with their assistants, subordinates, and employees, under and by order of the board, shall have the power to enter at a reasonable time and in a reasonable manner upon any premises in the borough upon which there is suspected to be any infectious or contagious disease, or nuisance detrimental to the public health, for the purpose of examining and abating the same.

(b) In the event that entry upon any premises is refused by an owner, an agent of an owner or a tenant, the board of health or health officer shall obtain an administrative search warrant from any magisterial district judge within the judicial district where the premises to be inspected is located.

(c) It shall be sufficient to support the issuance of a warrant for the board of health or health officer to provide to the magisterial district judge evidence 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) Facts, supported by oath or affirmation, alleging that probable cause exists that a law, regulation or ordinance subject to enforcement by the board of health or health officer has been violated.