Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 723.11 - Inspections and searches(a) Authority of department.--The department is authorized to make inspections and conduct tests or samplings, including the sampling of plumbing products and materials and the examination and copying of books, papers, records and data pertinent to any matter under investigation in order to determine compliance with this act. For these purposes, the duly authorized agents and employees of the department are authorized at all reasonable times to enter and examine any property, facility, operation or activity.(b) Access.--The owner, operator or other person in charge of the property, facility, operation or activity under subsection (a), upon presentation of proper identification and purpose for inspection by the agents or employees of the department, shall give these agents and employees free and unrestricted entry and access. Upon refusal to grant entry or access, the agent or employee may apply for a search warrant authorizing entry and inspection to any Commonwealth official authorized to issue a search warrant. The warrant shall be issued upon a showing of probable cause. It shall be sufficient probable cause to issue a search warrant authorizing the entry and inspection if there is probable cause to believe that the object of the investigation is subject to regulation under this act and that access, examination or inspection is necessary to enforce the provisions of this act.(c) Time of inspection.--Public water systems and places where plumbing supplies are sold are subject to inspection by the department and its employees and agents once per year for purposes of ascertaining compliance with this act. Residential or nonresidential facilities subject to the requirements of this act are subject to inspection by the department and its employees and agents once during the construction, modification or repair of such facilities.(d) Additional inspections, etc.--The department and its employees and agents may conduct additional inspections, including: (1) follow-up inspections;(2) inspections to observe any practice or condition related to public health or safety; and(3) inspections to determine compliance with this act, the other statutes administered by the department, the department's regulations or any requirement of an order issued by the department.(e) Threats to health, safety, etc.--The department and its employees and agents may also conduct inspections whenever any person presents information to the department giving the department reason to believe that a condition exists which may pose a threat to public health, safety or welfare or to the environment, or that there exists a violation of this act, of regulations adopted under this act, of orders issued pursuant to this act, or of any other statute or regulation administered by the department.(f) Construction of section.--Nothing in this section shall be construed or understood to place any duty or obligation upon the department to conduct a minimum number of inspections per year, or to conduct a minimum number of inspections during a certain period, or to inspect for particular reasons.1989, July 6, P.L. 207, No. 33, § 11, effective in 18 months.