[Amended 12-19-2022 by Ord. No. 1970]
A. Creation and membership. The Council of the City of Warren shall
be the Board of Health of the City of Warren and when discharging
the duties imposed by law shall be designated the "Board of Health
of the City of Warren."
B. Powers and duties of Board of Health. It shall be the duty of the
Board of Health of the City of Warren to direct the enforcement of
the laws of the Commonwealth of Pennsylvania, the Rules and Regulations
promulgated by the Pennsylvania Departments of Health and Agriculture,
and the ordinances of the City of Warren, all as may be amended from
time to time, enacted for the protection of public health, retail
food facility safety, and food safety and sanitation. It shall have
and exercise all the rights and obligations vested and conferred by,
and shall perform all of the duties imposed upon, like Boards of Health
in cities of the Third Class of the Commonwealth of Pennsylvania by
all acts of Assembly which may now be in force or hereafter passed
in reference to the same.
C. Meetings. In its capacity as the Board of Health of the City of Warren,
City Council shall conduct the business of the Board of Health during
a regular or special meeting of Warren City Council. Such business
shall be recorded by the City Clerk or Assistant City Clerk and shall
be included within the minutes of the meeting.
D. Health Officer.
(1) The City Council shall, by resolution, appoint a Health Officer who
shall be certified and recognized by the Commonwealth of Pennsylvania
Departments of Agriculture and Health or any commonwealth agency which
may hereafter be designated for the regulation of retail food facilities
and other duties as defined by the Third Class City Code. The City
Council may appoint more than one Health Officer. The Health Officer(s)
shall take an oath pursuant to 53 Pa C.S. § 1141.
(2) The appointment shall be for a term of not more than three years
and shall commence on January 1 of the first year of the term and
shall expire on December 31 of the final year of the term. Any midterm
appointment occurring a) on, or before, June 30 shall be for the remainder
of the calendar year or b) on, or after, July 1 shall be effective
until December 31 of the following calendar year.
(3) The City and Health Officer shall enter into an agreement under which
the responsibilities of each party are prescribed and the term of
which shall match the term of the appointment provided for above.
E. Deputy Health Officer.
(1) The Health Officer may designate a Deputy Health Officer(s) to assist
in the fulfillment of the duties of the Health Officer. Any deputy
must meet all applicable requirements and hold all required certifications
of the Departments of Agriculture and Health or any commonwealth agency
which may hereafter be designated for the regulation of retail food
facilities. The Deputy Health Officer(s) shall comply with the terms
of the agreement between the City and the Health Officer. The Deputy
Health Officer shall take an oath pursuant to 53 Pa C.S. § 1141.
(2) The appointment shall be for a term concurrent with that of the appointing
Health Officer.
F. Powers and duties of Health Officer.
(1) The Health Officer shall have and exercise all the powers and authority
vested and conferred by the Third Class City Code and any applicable
Pennsylvania statutes and any and all rules and regulations issued
by any department of the Commonwealth of Pennsylvania and all ordinances
of the City enacted to prevent the introduction and spread of infectious
disease; to abate and remove all nuisances which the Board shall deem
prejudicial to the public health; recommend such regulations as shall
be deemed necessary for the preservation of the public health; and
all powers and authority vested and conferred by the Food Protection
Act, Title 3, Chapter 57, of the Consolidated Statutes of the Commonwealth
of Pennsylvania, and any and all rules and regulations related to
the preparation, handling, and sale of food or drink for public consumption.
(2) The Health Officer(s) shall attend all meetings of the Board of Health.
(3) The Health Officer shall follow the City of Warren procedures for
issuance of retail food facility licenses as established by City resolution.
(4) The Health Officer shall notify the City of the designation of any
Deputy Health Officer.
(5) It shall be the responsibility of the Health Officer to maintain
all required certifications and to ensure that all Health Officer
Deputies are properly certified.
(6) It shall be the responsibility of the Health Officer to remain current
with respect to updates in applicable law and regulations and to ensure
that Health Officer Deputies are current in such respect.
[Amended 12-19-2022 by Ord. No. 1970]
Exemptions shall be limited to those provided for in the Food
Protection Act [Pa C.S.A. § 5703(b)(1)].
[Amended 12-19-2022 by Ord. No. 1970]
A. Licenses
shall be issued in accord with the City resolution adopting the procedures
for the issuance of retail food facility licenses. Licenses shall
be valid for one year from the date of issue.
B. Each retail
food facility that is issued a license by the City of Warren shall
post said license on the premises in a conspicuous place so as to
be seen by the public and the Health Officer.
A licensing fee shall be established by resolution of City Council
and may be amended from time to time by resolution of City Council.
Any license issued under this chapter may be revoked or any
application for issuance of a license may be refused (denied) by the
Health Officer, who shall have the power to close any retail food
facility within the City of Warren at any time until such time as
the Health Officer finds and determines compliance with the Food Protection
Act, Title 3, Chapter 576, of the Consolidated Statutes of the Commonwealth of Pennsylvania
and any and all rules and regulations issued by any agency or department
of the Commonwealth of Pennsylvania and the City of Warren related
to the preparation, handling, and sale of food or drink for public
consumption. If a license is revoked, the holder shall surrender the
license to the Health Officer immediately upon revocation.
If any section, subsection, sentence or clause of this chapter
is held for any reason to be invalid, the validity of the remaining
portions of this chapter shall not be affected.