[Ord. 694-2005, 5/18/2005, § 1]
A Board of Health is hereby authorized and created in and for
the Township of East Pennsboro, Cumberland County, Pennsylvania, composed
of five members, at least one of whom shall be a reputable licensed
physician of not less than two years' experience in the practice of
his/her profession, if one resides within the Township. All members
of said Board of Health shall be appointed by a majority of the Board
of Commissioners of the Township. At the first appointment, one member
shall be appointed to serve for one year, one for two years, one for
three years, one for four years and one for five years, and thereafter
one member shall be appointed each year to serve for a term of five
years.
[Ord. 694-2005, 5/18/2005, § 2]
1.
The members of the Board shall severally take and subscribe to the
oath prescribed by statute for Township officers and shall annually
organize by electing a President from among the members of the Board,
a Secretary, who may or may not be a member of the Board, and the
appointed Health Officer of the Township, who shall not be a voting
member of the Board.
2.
The Health Officer, who shall be appointed by the Board of Commissioners,
shall have had such training and experience and shall have passed
such examination(s) as the Pennsylvania Department of Health and/or
Department of Environmental Protection may require. The Health Officer
shall not be removed from the office except for cause and after full
opportunity to be heard on specific and relevant charges by and before
the Board of Commissioners.
3.
The Secretary and the Health Officer shall receive such salary as
may be fixed by the Board of Commissioners of the Township. The members
of the Board of Health, except any member elected to serve as Secretary,
shall serve without compensation.
[Ord. 694-2005, 5/18/2005, § 3]
1.
The Board of Health and the Health Officer shall have and exercise
all the authority and perform all the duties conferred upon them by
the laws of this Township, by the laws of the Commonwealth of Pennsylvania
and by the rules and regulations of the Pennsylvania Department of
Environmental Protection and Department of Health and shall have all
such powers relating to the abatement of nuisances prejudicial to
the public health and the enforcement of remedies and infliction of
penalties in connection therewith as are vested by law in the Board
of Commissioners of the Township.
2.
The Health Officer shall carry proper identification when inspecting
food establishments or premises in the performance of duties under
this code.
3.
The Health Officer shall issue all necessary notices or orders to
ensure compliance with this code.
4.
The Health Officer shall keep official records of all business and
activities of the department specified in the provisions of this code.
5.
Whenever in the enforcement of this code or another code or ordinance,
the responsibility of more than one code official of the jurisdiction
is involved, it shall be the duty of the code officials involved to
coordinate their inspections and administrative orders as fully as
practicable so that the owners and occupants of the establishment
or premises shall not be subjected to visits by numerous inspectors
or multiple or conflicting orders. Whenever an inspector from any
agency or department observes an apparent or actual violation of some
provision of some law, ordinance or code not within the inspector's
authority to enforce, the inspector shall report the findings to the
code official having jurisdiction.
6.
The Health Officer, in accordance with the prescribed procedures
of this jurisdiction and with the concurrence of the Board of Commissioners,
shall have authority to appoint a deputy Health Officer, other related
technical officers, inspectors and other employees.
[Ord. 694-2005, 5/18/2005, § 4]
The Board of Health, with the advice, consent and approval of
the Township Commissioners, shall promulgate such rules and regulations
as may be necessary, from time to time, to enforce the provisions
of this Part.
[Ord. 694-2005, 5/18/2005, § 5]
1.
The Health Officer or his/her designated representative charged with
the enforcement of this code, while acting for the jurisdiction, shall
not thereby be rendered liable personally, and is hereby relieved
from all personal liability for any damage accruing to persons or
property as a result of an act required or permitted in the discharge
of official duties.
2.
Any suit instituted against any officer or employee because of an
act performed by that officer or employee in the lawful discharge
of duties and under the provisions of this Part shall be defended
by the legal representative of the jurisdiction until the final termination
of the proceedings. The Health Officer, or any subordinate, shall
not be liable for costs in an action, suit or proceeding that is instituted
in pursuance of the provisions of this code; and any officer of the
department, acting in good faith and without malice, shall be free
from liability for acts performed under any of its provisions or by
reason of any act or omission in the performance of official duties
in connection therewith.
[Ord. 694-2005, 5/18/2005, § 6]
The fees for activities and services performed by the department
in carrying out its responsibilities under this code shall be as adopted
by resolution by the Board of Commissioners from time to time.
