Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

12 Pa. Code § 113.9. Inspections.

§ 113.9. Inspections.

 (a)  Sections 402 and 403 of the act (32 P. S. § §  679.402 and 679.403) give municipalities and the Department the authority to investigate complaints, enter upon land for the purpose of surveying floodplains, enter land in a floodplain for the purpose of ascertaining the location and condition of obstructions, and to enter land or, while under construction, a structure located in a floodplain, for the purpose of ascertaining the compliance or noncompliance with applicable floodplain management regulations.

 (b)  An employe or agent of the Department may not undertake any of the activities listed in subsection (a) except in accordance with the following:

   (1)  The municipality within which the activity is to occur shall be given prior notification of the activity, at least 24 hours in advance.

   (2)  The owner or occupant, or both, of a premises shall be given prior notice of the activity at least 24 hours in advance.

   (3)  The activities shall take place only during normal weekday business hours unless other suitable arrangements are made.

   (4)  The individual conducting the inspection shall present his Department employe identification card prior to the inspection, and upon request during the inspection.

 (c)  Whenever an agent or employe of the Department or a municipality has been refused access to property for the purposes of conducting a survey or inspection, or reasonably requires access to the property without prior notice to the owner, the agent or employe may apply for an inspection warrant to a Commonwealth official authorized by law to issue a search or inspection warrant, to enable him to have access and inspect the property. It shall be sufficient probable cause to issue an inspection warrant that the inspection is necessary to properly enforce the provisions of the act and this chapter.

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