§ 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).

Legislative History

Cross References.Section 3107 is referred to in sections 32A04, 32A05 of this title.