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§ 637.5. Enforcement

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: September 11, 2008

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 3H. Clean Indoor Air Act (Refs & Annos)
Effective: September 11, 2008
35 P.S. § 637.5
§ 637.5. Enforcement
(a) Complaints.--A complaint regarding a possible violation of this act shall be made to the appropriate law enforcement agency or to the department. A complaint to the department shall be made in one of the following manners:
(1) In writing.
(2) By a telephone call to the department's toll-free telephone number.
(3) By an electronic submission to the department's regularly maintained Internet website.
(b) Responsibilities.--
(1) Except as provided under paragraphs (2) and (3), upon receipt of a complaint by the department, the following apply:
(i) Except as set forth under subparagraph (ii), the department shall investigate the complaint and enforce this act.
(ii) If the public place is subject to licensure by the Commonwealth, in such case, the department shall refer the complaint to the appropriate licensing agency for investigation and enforcement of this act.
(2) If a complaint is made to the department regarding a public place located in a county under subsection (c), the department shall notify the county board of health. The county board of health shall investigate the complaint and enforce this act.
(3) If the complaint is made to a law enforcement agency regarding a public place, the agency shall investigate the complaint and enforce this act.
(c) County election.--A county may elect to have its board of health enforce this act by providing written notification to the department. In such event, the county board of health shall provide the department with sufficient information regarding its enforcement actions for the department's annual report required under section 8.1
(d) Access to records.--A drinking establishment, cigar bar and tobacco shop shall make available all books, accounts, revenues, receipts and other information to the department, the Department of Revenue, the State licensing agency or a county board of health as necessary to enforce this act. All information submitted to the Department of Health, a county board or other Commonwealth agency with enforcement duties under this act, including information to verify the on-site food consumption of a drinking establishment, shall be confidential and shall not be subject to the act of June 21, 1957 (P.L. 390, No. 212),2 referred to as the Right-to-Know Law.

Credits

2008, June 13, P.L. 182, No. 27, § 5, effective in 90 days [Sept. 11, 2008].

Footnotes

35 P.S. § 637.8.
65 P.S. § 66.1 et seq.
35 P.S. § 637.5, PA ST 35 P.S. § 637.5
Current through 2020 Regular Session Act 79. Some statute sections may be more current, see credits for details.
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