reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2720.4 - Penalties

§ 2720.4. Penalties.
(a) Penalties for violation.--
To the extent provided by ordinance, council may assess penalties for the violation of regulations relating to shade trees or delegate the power to assess penalties to a shade tree commission. Any penalty assessed shall be a lien upon the real estate of the offender and may be collected as municipal claims are collected.
(b) Separate fund.--
All penalties or assessments imposed under this subchapter shall be paid to the borough treasurer, to be kept in a separate fund and utilized only for the purposes authorized by this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2721 - Shade tree commission

§ 2721. Shade tree commission.
(a) Establishment.--
Council, by ordinance, may establish a shade tree commission and delegate to the shade tree commission the exclusive care, custody and control of shade trees and authorization to plant, transplant, remove, maintain and protect shade trees on the streets and highways in the borough.
(b) Commission authority.--
The shade tree commission may make and enforce regulations for the care and protection of shade trees. No regulation may be in force until it has been approved by the council and enacted as an ordinance.
(c) Park commission.--
If in any borough there exists a commission for the care of public parks, the council may, by ordinance, confer on the park commission all the powers and all the duties prescribed by this chapter for a shade tree commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2722 - Composition of commission

§ 2722. Composition of commission.
(a) General.--
Except as provided in subsection (b), a shade tree commission shall be composed of three residents of the borough who shall be appointed by the council and shall serve without compensation.
(b) Council option.--
The council, by ordinance, may provide that a shade tree commission be composed of five members who shall be residents of the borough, shall be appointed by the council and shall serve without compensation.
(c) Three-member commission.--
If a shade tree commission of three members is established by any borough, the council shall appoint one member for a term of three years, one for a term of four years and one for a term of five years. On the expiration of the term of any commissioner, a successor shall be appointed by the council to serve for a term of five years.
(d) Five-member commission.--
If a shade tree commission of five members is established by any borough, the council shall appoint members to staggered terms so that one term expires every year. On the expiration of the term of any commissioner, a successor shall be appointed by the council to serve for a term of five years.
(e) Vacancies.--
Vacancies in the office of commissioner shall be filled by the council for the unexpired term.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2724.1 - Duties of commission

§ 2724.1. Duties of commission.
(a) Annual report.--
A shade tree commission shall annually report in full to the council its transactions and expenses for the last fiscal year of the borough.
(b) Notice.--
If a shade tree commission proposes to plant, transplant or remove shade trees on any street, notice of the time and place of the meeting at which the work is to be considered shall be given by the shade tree commission in accordance with section 2720.3 (relating to notice of work).
(c) Certification of amounts required.--
The shade tree commission shall each year certify to council an amount needed for the care of shade trees and for the publication of notices required by this subchapter. The shade tree commission shall use funds appropriated or raised by taxation in accordance with section 2720.1 (relating to maintenance by borough and tax levy) for any purpose authorized by council.
(d) Certification of assessments.--
The shade tree commission shall ascertain and certify to council and the borough treasurer the amount of any assessment imposed in accordance with this subchapter for the planting, transplanting or removal of plants, shrubs and trees.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2751 - Acquisition of land for forest purposes

§ 2751. Acquisition of land for forest purposes.
A borough may acquire by purchase, gift or lease tracts of land covered with forest or tree growth or suitable for the growth of trees and administer the tracts in accordance with the practices and principles of scientific forestry, for the benefit of the borough. The tracts may be of any size suitable for the purpose and may be located within or without the borough limits.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2753 - Ordinance of acquisition

§ 2753. Ordinance of acquisition.
If the council deems it expedient to acquire land for the purposes of a municipal forest, it shall enact an ordinance setting forth the facts and conditions relating to the proposed action.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2754 - Appropriations

§ 2754. Appropriations.
Money necessary for the purchase of the tracts shall be appropriated in the same manner as appropriations for borough purposes. Money may be provided from the current revenue or by the proceeds of a sale of general obligation bonds in accordance with existing law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2755 - Regulations

§ 2755. Regulations.
Upon the acquisition of a municipal forest or land suitable for a municipal forest, the council may promulgate regulations for the government and proper administration of the same as necessary to produce continuing borough revenue by the sale of forest products.
Cross References. Section 2755 is referred to in section 2757 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2756 - Appropriations and revenue

§ 2756. Appropriations and revenue.
Money necessary for the administration, maintenance, protection and development of forests shall be appropriated and applied as is now done for borough purposes. The revenue and return on the revenue arising from the forests shall be paid into the borough treasury to be used for general borough purposes.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2758 - Ordinance of sale

§ 2758. Ordinance of sale.
(a) Requirement.--
If the council deems it expedient to sell or lease a municipal forest, a part of a municipal forest or a product from a municipal forest, it shall enact an ordinance setting forth the facts and conditions relating to the proposed action.
(b) Conditions.--
In order to enact an ordinance under this section, there must be compliance with the advertising and bidding requirements of section 1201.1 (relating to real property).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2759 - Pruning and thinning

§ 2759. Pruning and thinning.
(a) Authority.--
To comply with the practices and principles of scientific forestry, the council has the following powers:
(1) To pass a resolution to prune or thin out a municipal forest or portion of a municipal forest.
(2) To sell the products of the pruning or thinning out.
(b) Personnel.--
To carry out subsection (a), the borough may use its own personnel or contract with skilled personnel.
(c) Bidding and advertising.--
The bidding and advertising requirements of this part do not apply to any of the following:
(1) Sales under subsection (a)(2).
(2) Contracts under subsection (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 28 - Cemeteries › Section 2800 - Appropriations for burial ground maintenance

§ 2800. Appropriations for burial ground maintenance.
A borough may appropriate annually, out of the general funds of the borough, a sum for the care, upkeep, maintenance and beautifying of:
(1) cemeteries and burial grounds lying wholly or partly within the boundary limits of the borough or in the territory immediately adjacent to the borough; and
(2) private roads in or leading to property under paragraph (1).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 28 - Cemeteries › Section 2801 - Management by cemetery commission

§ 2801. Management by cemetery commission.
If the title and management of a cemetery is vested in a borough, the council may, by ordinance, vest the care, management and operation of the cemetery in a cemetery commission of three citizens to be appointed by the council. The ordinance shall provide for the terms of the cemetery commissioners.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 28 - Cemeteries › Section 2802 - Transfer from borough to company

§ 2802. Transfer from borough to company.
(a) Authority.--
Upon petition of at least 10% of living cemetery lot owners, the council may transfer the cemetery and its management to an incorporated cemetery company.
(b) Procedure.--
Upon presentation of a petition under subsection (a), the council may enact an ordinance declaring that, upon the acceptance of the ordinance by the incorporated cemetery company and filed with the borough secretary, the title and control of the cemetery shall vest in the incorporated cemetery company.
(c) Recording.--
A copy of the ordinance and the acceptance by the incorporated cemetery company, certified by the borough secretary, shall be recorded in the office of the recorder of deeds of the county.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 28 - Cemeteries › Section 2805 - Transfer from company to borough

§ 2805. Transfer from company to borough.
(a) Judicial action.--
(1) Upon the petition of an incorporated cemetery company and the owners of a majority of the taxable real estate in the borough, the court of common pleas may authorize the transfer of a cemetery to the borough where the cemetery is located or is adjacent to the borough.
(2) A copy of the court order under paragraph (1) shall be filed with the recorder of deeds.
(b) Cost.--
The transfer shall be made without cost to the borough.
(c) Effect.--
Upon transfer, the following apply:
(1) The borough shall exercise the powers and privileges of the incorporated company.
(2) The borough may do all of the following:
(i) Purchase up to 30 acres of land within or adjacent to the borough limits for the extension of the cemetery;
(ii) Pay for the purchase under subparagraph (i) by:
(A) sale of lots or otherwise; or
(B) any means other than taxation.
(iii) Lay out lots purchased and alter the original plot of the cemetery.
(iv) Dispose of the grounds in the same manner as the incorporated company could have done.
(d) Deeds.--
(1) A deed for a lot, made by the borough, shall have the same validity as the deed of the incorporated cemetery company.
(2) The borough may make a deed to a person that, prior to transfer under this section:
(i) purchased a lot; but
(ii) did not receive a deed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 28 - Cemeteries › Section 2805.1 - Neglected or abandoned cemeteries

§ 2805.1. Neglected or abandoned cemeteries.
(a) Maintenance.--
The council may, upon compliance with subsection (b), direct the removal of weeds, refuse and debris from an abandoned or neglected cemetery.
(b) Notice.--
(1) To exercise the power under subsection (a), the council must give notice to the owner directing the removal of weeds, refuse and debris from the cemetery within 30 days of service under paragraph (2).
(2) Notice must be effected by any of the following means:
(i) Personal service on the owner.
(ii) Certified mail, addressee only, return receipt requested, to the owner at the owner's last known address.
(iii) After reasonable attempts to give notice under subparagraph (i) or (ii) have failed, posting notice at or upon the property.
(c) Action.--
(1) If the removal is not completed within 30 days after the notice is effected under subsection (b)(2), the council shall provide for the removal to be done by employees of the borough or by a contractor at the expense of the borough.
(2) The costs of removal under paragraph (1) shall be assessed against the owner of the cemetery and collected under Chapter 21A (relating to assessments and charges for public improvements).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 28 - Cemeteries › Section 2816 - Purchase of plots for burial of deceased service members

§ 2816. Purchase of plots for burial of deceased service members.
(a) Authority.--
A borough may purchase plots of ground in a cemetery or burial ground within its limits for the interment of deceased members of the armed forces who:
(1) die within the borough or have a legal residence within the borough at the time of death; and
(2) are entitled to be buried by the county under the provisions of existing law.
(b) Cost.--
Plots purchased under this section shall be paid for out of the borough treasury.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29 - Licenses and License Fees › Extra - Chapter Notes

Enactment.
Chapter 29 was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Cross References.
Chapter 29 is referred to in section 1202 of this title.
Enactment.
Chapter 29A was added April 18, 2014, P.L.432, No.37, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29 - Licenses and License Fees › Section 2901 - Licensing transient retail business

§ 2901. Licensing transient retail business.
(a) Authority.--
A borough may, by ordinance, regulate and license transient merchants engaged in any transient retail business within the borough.
(b) Licensure.--
The following shall apply:
(1) An ordinance under this section may prohibit the transient retail business without a license and provide for enforcement by penalties or other appropriate means.
(2) Except as set forth in paragraph (3), an ordinance under this section may set a license fee which bears a reasonable relationship to the cost of administering the ordinance and regulating and inspecting the transient retail business.
(3) Paragraph (2) does not apply as follows:
(i) Except as set forth in paragraph (ii), the ordinance may not impose a license fee on the following transient merchants:
(A) A farmer selling the farmer's own produce.
(B) A person selling personal property if the proceeds of the sale are to be applied to a charitable or philanthropic purpose.
(C) A manufacturer or producer in the sale of any of the following:
(I) Bread. This subclause includes a bakery product.
(II) Meat. This subclause includes a meat product.
(III) Milk. This subclause includes a milk product. This subclause does not include ice cream or another frozen dessert.
(ii) The exception under this paragraph does not apply to a transient merchant that is also selling other personal property not excepted under subparagraph (i).
(c) Registration.--
An ordinance under this section may require that a transient merchant exempt under subsection (b)(2) register with the borough and otherwise be subject to all other provisions of the ordinance.
(d) Definition.--
As used in this section, the term "transient merchant" means a person engaged in transient retail business for the sale of personal property, whether the business is conducted from a fixed location within the borough or by an individual engaged in peddling, soliciting or the taking of orders from house to house.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29 - Licenses and License Fees › Section 2902 - Licensure saved

§ 2902. Licensure saved.
(a) Commonwealth.--
Nothing contained in this chapter shall be construed to relieve a person from a statutorily imposed:
(1) licensure requirement;
(2) license tax; or
(3) license fee.
(b) Boroughs.--
A Commonwealth license tax or fee shall not preempt the registration, licensing or regulatory powers of a borough in accordance with this chapter unless the preemption is expressly authorized.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29 - Licenses and License Fees › Section 2903 - Licensing parking lots and parking garages operated for profit

§ 2903. Licensing parking lots and parking garages operated for profit.
(a) Authority.--
(1) A borough may, by ordinance, regulate the business of operating parking lots or parking garages for profit within the borough and may require the lots or garages to reserve areas exclusively for parking by handicapped individuals. Under the ordinance:
(i) License or permit fees may be charged and collected from the operators of the parking lots or parking garages.
(ii) Security is subject to the following:
(A) Except as set forth in clause (B), the borough shall require from each operator of a parking lot or parking garage a bond to be approved by the council for the protection of the public from loss of or damage to vehicles parked, stored or placed under the jurisdiction of a parking lot or parking garage operator.
(B) Clause (A) shall not apply to parking lots or parking garages operated by a municipal authority or a parking authority.
(2) An ordinance under paragraph (1) must be consistent with 75 Pa.C.S. (relating to vehicles).
(b) Individuals with disabilities.--
Nothing in this section may be construed to limit statutory and regulatory protections and prohibitions contained relating to the rights of disabled individuals.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29 - Licenses and License Fees › Section 2904 - Persons taking orders by samples

§ 2904. Persons taking orders by samples.
(a) Prohibition.--
A borough may not impose, levy or collect a license fee or mercantile tax upon a person that takes, by sample, from a dealer or merchant an order for merchandise on behalf of an individual or company that pays a license fee or mercantile tax at the individual's or company's chief place of business.
(b) Limitation.--
Nothing in this section shall authorize a person to sell by retail to a person other than a dealer or merchant without payment of a license or permit fee.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29 - Licenses and License Fees › Section 2905 - Equality of residents and nonresidents

§ 2905. Equality of residents and nonresidents.
A borough may not enact an ordinance imposing a license fee upon a manufacturer, including an agent and employee, that is a resident of this Commonwealth and solicits orders for or sells personal property manufactured in this Commonwealth if the borough could not legally impose the same license fee upon a manufacturer, including an agent and employee, that is a nonresident of this Commonwealth and solicits orders for or sells personal property manufactured outside this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29 - Licenses and License Fees › Section 2906 - Insurance business

§ 2906. Insurance business.
A borough may not impose a license fee upon an insurance company, including an agent, or an insurance broker authorized to transact business under the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29A - Veterans' Affairs › Section 29A01 - Eminent domain for National Guard purposes

§ 29A01. Eminent domain for National Guard purposes.
(a) Authority.--
Except as set forth in subsection (b), the council may take, by right of eminent domain, for the purpose of appropriating to the borough for the use of the Pennsylvania National Guard, public lands, easements and property as may be in its possession or control and used or held by the borough for any other purpose.
(b) Exception.--
Eminent domain may not be exercised as to a street or wharf.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29A - Veterans' Affairs › Section 29A02 - Land for armory purposes

§ 29A02. Land for armory purposes.
(a) Authority.--
Except as set forth in subsection (b), the council may acquire, by purchase or by gift or by the right of eminent domain, land for the use of the Pennsylvania National Guard, to be conveyed to the Commonwealth in order to assist the State Armory Board in the erection of armories.
(b) Exception.--
The power under subsection (a) may not be exercised to take any of the following:
(1) Church property.
(2) A graveyard or cemetery.
(3) A dwelling house or the curtilage of property:
(i) designated in paragraph (1) or (2); and
(ii) in the actual occupancy of the owner.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29A - Veterans' Affairs › Section 29A03 - Appropriation to assist in erection of armories

§ 29A03. Appropriation to assist in erection of armories.
The council has the following powers:
(1) To appropriate money or convey land, either independently or in conjunction with another municipality, to:
(i) assist the State Armory Board in the erection of armories for the use of the Pennsylvania National Guard; and
(ii) furnish water, sewer service, light or fuel free of cost to the Commonwealth for use in any armory of the Pennsylvania National Guard.
(2) To do all things necessary to accomplish the purpose of this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29A - Veterans' Affairs › Section 29A04 - Support of Pennsylvania National Guard units

§ 29A04. Support of Pennsylvania National Guard units.
(a) Appropriation.--
The council may appropriate annually a sum to be used and expended exclusively for the support and maintenance, discipline and training of a unit of the Pennsylvania National Guard.
(b) Payment.--
(1) The money appropriated shall be paid by warrant drawn to the order of the commanding officer of the unit upon certification to the borough, by the Adjutant General, that the unit has satisfactorily passed the annual inspection provided by law.
(2) The commanding officer shall account, by proper vouchers to the borough each year, for the expenditure of the money appropriated. No appropriation shall be made for any subsequent year until the expenditure of the previous year is accounted for. The accounts of the expenditures shall be subject to the inspection of the Department of Military and Veterans Affairs and shall be audited by the Auditor General in accordance with law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29A - Veterans' Affairs › Section 29A11 - Appropriations to organizations and American Gold Star Mothers, Inc

§ 29A11. Appropriations to organizations and American Gold Star Mothers, Inc.
(a) Appropriation.--
(1) The council may appropriate annually money to aid in defraying the expenses of Memorial Day, Veterans' Day or a similar day provided for by Federal or State law.
(2) The appropriation shall be divided in amounts as council deems proper to:
(i) an organization composed of veterans of a war in which the United States was engaged; and
(ii) American Gold Star Mothers, Inc.
(3) The money shall be appropriated to defray actual expenses only.
(b) Payment.--
Before payment is made, the organization receiving the appropriation must submit verified accounts of its expenditures.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29A - Veterans' Affairs › Section 29A12 - Payment of rent for meetings

§ 29A12. Payment of rent for meetings.
The council may appropriate annually a sum to an incorporated organization of American veterans of a war in which the United States was engaged, to be used in the payment of the rent for a facility in which the organization has its regular meetings.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29A - Veterans' Affairs › Section 29A13 - Rooms for veterans' organizations and children

§ 29A13. Rooms for veterans' organizations and children.
The council may furnish without charge to an organization composed of American veterans of a war in which the United States was engaged and children of the veterans a room in a public building of the borough.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 29A - Veterans' Affairs › Section 29A14 - Care and erection of memorials

§ 29A14. Care and erection of memorials.
(a) Authority.--
The council may control and maintain a soldier's memorial which is:
(1) situated in the borough;
(2) not controlled and maintained by an individual or entity; and
(3) not placed by the Federal Government, the Commonwealth, the county or another state.
(b) Funding.--
The council may receive and expend any money to be used for the maintenance of the memorials.
(c) Contributions.--
The council may contribute to the erection and maintenance of a memorial in honor of those who served in a war in which the United States was engaged.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3100 - Definitions

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3101 - Administration

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3102 - Board

§ 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3103 - Oaths, officers and security

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3104 - Duties of board secretary

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3105 - Powers and duties of health officer

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3106 - Powers and duties of board

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3107 - Entry upon premises

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3108 - Abatement of nuisances

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3109 - Expenditures

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3110 - Cooperation

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 31 - Health and Sanitation › Section 3111 - Department

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 32 - Zoning (Reserved) › Extra - Chapter Notes

Enactment.
Chapter 32 (Reserved) was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Enactment.
Chapter 32A was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Cross References.
Chapter 32A is referred to in section 1202 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 32A - Uniform Construction Code, Property Maintenance Code and Reserved Powers › Extra - Chapter Notes

Enactment.
Chapter 32A was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Cross References.
Chapter 32A is referred to in section 1202 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 32A - Uniform Construction Code, Property Maintenance Code and Reserved Powers › Section 32A01 - Primacy of Uniform Construction Code

§ 32A01. Primacy of Uniform Construction Code.
(a) General rule.--
The following shall apply to the construction, alteration, repair and occupancy of all buildings and structures within a borough:
(1) The Pennsylvania Construction Code.
(2) The Uniform Construction Code adopted under section 301 of the Pennsylvania Construction Code.
(b) Primacy.--
This section and any ordinance, rule or regulation adopted under this section shall not supersede or abrogate the Pennsylvania Construction Code or the Uniform Construction Code and shall be construed and read in pari materia with the Pennsylvania Construction Code and the Uniform Construction Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 32A - Uniform Construction Code, Property Maintenance Code and Reserved Powers › Section 32A02 - Changes in Uniform Construction Code

§ 32A02. Changes in Uniform Construction Code.
A borough may propose and enact an ordinance to equal or exceed the minimum requirements of the Uniform Construction Code in accordance with section 503 of the Pennsylvania Construction Code. Any ordinance exceeding the provisions of the Uniform Construction Code shall be required to meet the standards under section 503(j)(2) of the Pennsylvania Construction Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 32A - Uniform Construction Code, Property Maintenance Code and Reserved Powers › Section 32A03 - Public nuisance

§ 32A03. Public nuisance.
(a) Abatement.--
Except as provided under subsection (b), any building, housing or property or a part of any building, housing or property erected, altered, extended, reconstructed, removed or maintained, contrary to the provisions of an ordinance passed for the purposes specified under this chapter, may be declared, by a court of law, a public nuisance and may be abatable.
(b) Exception.--
A violation of the Uniform Construction Code or any ordinance that equals or exceeds the Uniform Construction Code shall be subject to the Pennsylvania Construction Code and the regulations adopted under the Pennsylvania Construction Code relating to enforcement for noncompliance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 32A - Uniform Construction Code, Property Maintenance Code and Reserved Powers › Section 32A05 - Reserved powers

§ 32A05. Reserved powers.
(a) Power.--
If, as a result of legislative action or final order of court which is not subject to appellate review, the Uniform Construction Code or any replacement code is no longer applicable in boroughs, a borough may:
(1) Enact and enforce ordinances to govern and regulate the following in relation to a building and housing, parts of a building and housing or a facility and service in or about a building or housing:
(i) Construction, reconstruction, alteration, extension, repair and conversion.
(ii) Maintenance.
(iii) Occupation.
(iv) Sanitation.
(v) Ventilation, heating, egress, lighting, electrical wiring, water supply, toilet facilities, drainage, plumbing, fire prevention and fireproofing, including limitations under which only buildings of noncombustible material and fireproofed roofs are used in construction.
(vi) Erection or substantial reconstruction.
(vii) Use and inspection.
(viii) Sanitation and inspection of land attached to a building or housing.
(2) Require that the approval of plans and specifications are secured before construction, reconstruction, alteration, extension, repair or conversion of a building is started.
(3) Appoint and determine the compensation of the following:
(i) Building inspectors.
(ii) Housing inspectors.
(iii) Property maintenance inspectors.
(iv) Fire prevention inspectors.
(v) Electrical inspectors.
(vi) Plumbing inspectors.
(4) In addition to penalties provided by an ordinance, institute actions to do any of the following:
(i) Prevent or restrain the unlawful construction, reconstruction, alteration, extension, repair, conversion, maintenance, use or occupation of property located within the borough.
(ii) Restrain, correct or abate a violation.
(iii) Prevent the use or occupancy of a building, housing or structure.
(b) Codes.--
The following shall apply:
(1) A code under subsection (a)(1) may be combined or separately enacted or combined with a property maintenance code.
(2) A borough may adopt, amend or incorporate by reference any standard or nationally recognized code or any variations or changes or parts of the code as its ordinance as provided under section 32A04 (relating to property maintenance code).
(3) An ordinance under subsection (a)(1) may provide for reasonable fines and penalties for violations of the ordinance in compliance with Chapter 33 (relating to ordinances).
(c) Inspectors.--
An inspector under subsection (a)(3) may enter, subject to constitutional standards in a similar manner as provided under section 3107 (relating to entry upon premises), and inspect a premises at reasonable hours and in a reasonable manner for the administration and enforcement of the borough's adopted codes or ordinances incorporating standard or nationally recognized codes. Any fees payable to inspectors under the ordinances shall be paid by the inspectors as soon as possible to the borough treasurer for the use of the borough.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Extra - Chapter Notes

Enactment.
Chapter 33 was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Cross References.
Chapter 33 is referred to in sections 1006, 32A05 of this title.