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Ex. DUT-PA-002 Standing duty Primary source read

Statute (Act of Apr. 9, 1929, P.L. 177, No. 175, sec. 2102)

The Administrative Code of 1929, section 2102, General Health Administration (powers and duties of the Department of Health)

General Assembly of the Commonwealth of Pennsylvania · Pennsylvania (State)

The COVID Project

The record

Jurisdiction
Pennsylvania
Level
State
Authority
Police power of the Commonwealth
Issued
1929-04-09 Apr. 9, 1929
Effective
Standing law throughout 2020 and 2021 (read as 1929-04-09)
End
standing (read as 2021-09-30)
In force
Standing since Apr. 9, 1929 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Quarantine and isolationStanding duty
Addressees
  • the Department of Health (duty and power); owners and occupants of premises (sec. 2102(d), (e): duty to comply with the Department's abatement orders; expense recoverable by claim or action)
Character
statutory authority
Collection
Standing duties: Pennsylvania DUT-PA

Operative words

The Department of Health shall have the power, and its duty shall be: (a) To protect the health of the people of this Commonwealth, and to determine and employ the most efficient and practical means for the prevention and suppression of disease;... (c) To order... the causes of disease and mortality, to be abated and removed, and to enforce quarantine regulations

Penalty

Abatement by the Department at the owner's or occupant's expense (sec. 2102(d), (e)); violation of any Department order or regulation punished under 71 P.S. sec. 1409 (Ex. DUT-PA-007) and 35 P.S. sec. 521.20 (Ex. DUT-PA-001)

What it required

Made it the Department of Health's statutory duty, not merely its power, to employ 'the most efficient and practical means for the prevention and suppression of disease,' to order abatement of 'the causes of disease and mortality,' to enforce quarantine regulations, and to enter and abate on premises whose 'owner or occupant... fails to comply with any order of the department,' at the owner's or occupant's expense. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Section 2102(a) is recited in PA-002 ('71 P.S. sec. 532(a)'), PA-007, PA-008 and the face-covering orders, and was the Secretary's stated authority in Corman (PA-045 at 14). The section's duty to 'protect the health of the people' is the same command the Department of Health Act of 1905 sec. 8 states (Ex. DUT-PA-007).