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PRINTER'S NO. 2130
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1489
Session of
2015
INTRODUCED BY DAVIS, C. PARKER, KINSEY, THOMAS, YOUNGBLOOD,
MURT, ACOSTA, CALTAGIRONE, COHEN, HARKINS, D. COSTA,
DRISCOLL, SAMUELSON, D. PARKER, DONATUCCI AND ROEBUCK,
AUGUST 21, 2015
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, AUGUST 21, 2015
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for the inspection and
regulation of mobile food vehicles in cities of the first
class that use propane or other combustible fuel.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART VI
PUBLIC SAFETY
Chapter
70. Mobile Food Vehicles in Cities of the First Class
CHAPTER 70
MOBILE FOOD VEHICLES IN
CITIES OF THE FIRST CLASS
Sec.
7001. Definitions.
7002. Safety requirements.
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7003. Enforcement and penalties.
7004. Regulations.
§ 7001. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"City." A city of the first class.
"Enforcement agency." The agency or department of a city of
the first class responsible for issuing licenses or permits for
the operation of mobile food vehicles.
"Fire department." A fire department in a city of the first
class.
"Mobile food vehicle." A self-contained food service
operation, located in a readily movable motorized vehicle with
wheels or in a vehicle with wheels, capable of being towed by a
motorized vehicle, designed for the preparation, display and
service of food or beverages, or both, to patrons.
"Quick-connect device." As defined in National Fire
Protection Association Code No. 58, entitled "Liquefied
Petroleum Gas Code."
§ 7002. Safety requirements.
The following shall apply to a mobile food vehicle using
propane or compressed natural gas operating in a city:
(1) Only United States Department of Transportation-
approved models of propane and natural gas tanks under 49 CFR
Pt. 178 (relating to specifications for packagings) may be
used on a mobile food vehicle. A tank must be labeled
properly with prominent safety placards, in accordance with
49 CFR Pt. 178, and must be equipped with a regulator as
prescribed by the National Fire Protection Association Code.
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A quick-connect device may not be used, except on a chassis-
mounted tank that is equipped with a manual shutoff.
(2) The following shall apply to the mounting and
placement of tanks:
(i) The mounting and placement of propane and
natural gas tanks must withstand impact equal to four
times the weight of the filled propane or natural gas
container, in accordance with National Fire Protection
Association Code No. 58. A tank must be secure and
conform with National Fire Protection Association Code
standards relating to the safe mounting of tanks. Propane
and natural gas tanks must be installed on a mobile food
vehicle in one of the following ways:
(A) Outside mounted, in a semi-enclosed cabinet,
with vents at the bottom to facilitate the diffusion
of vapors, vapor tight to the interior of the
vehicle, with a weather-protected regulator and a
leak indicator in accordance with National Fire
Protection Association Code standards.
(B) Outside mounted, secured on top and bottom
and stabilized, vapor tight to the interior of the
vehicle, mounted no less than 28 inches above the
ground with a weather-protected regulator.
(C) Chassis mounted, in accordance with National
Fire Protection Association Code No. 58.
(ii) A propane or natural gas tank may not be
installed on the roof or stored inside a mobile food
vehicle.
(3) A propane or natural gas tank must be turned off
when the mobile food vehicle is any of the following:
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(i) In motion.
(ii) Unattended.
(iii) Stored overnight.
(4) Propane and natural gas piping must be constructed
and installed in accordance with National Fire Protection
Association Code standards and be made of steel, copper or
brass. The use of plastic piping is prohibited.
(5) A mobile food vehicle may carry no more than a total
of 120 pounds of propane or an equivalent amount of natural
gas.
(6) An individual who has successfully completed a
propane or natural gas handling and safety course, as
applicable, approved by the fire department to be in
compliance with industry standards, must be present when the
mobile food vehicle is being operated. The individual must
have a certificate of successful completion of the course
readily available, upon the request of any agency or
department of the city.
(7) The following shall apply to inspection:
(i) A mobile food vehicle must have the mobile food
vehicle's propane or natural gas system inspected by the
fire department at least once every year.
(ii) The fire department shall provide the operator
of a mobile food vehicle with a written report of the
results of its inspection. The report must be kept in the
mobile food vehicle for a minimum of one year and must be
readily available upon the request of any agency or
department of the city.
(iii) If the report identifies an unsafe condition
in the operation of the propane or natural gas system,
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the operator of the mobile food vehicle shall take action
necessary and appropriate to remedy the condition. Prior
to the resumption of operation of the mobile food
vehicle, the fire department must approve the remedial
action taken by the operator.
(iv) An individual may not operate a mobile food
vehicle's propane or natural gas system for a period
longer than one year after the date of the mobile food
vehicle's last inspection.
(8) If a leak, fire or other safety incident occurs, the
operator of a mobile food vehicle must seek immediate
maintenance and the mobile food vehicle may not be returned
to service until the mobile food vehicle has been inspected
and certified as safe by the fire department. Documentation
of the incident, the action taken by the operator, the
inspection and the certification shall be kept in the mobile
food vehicle for a minimum of one year and shall be readily
available upon the request of any agency or department of the
city.
(9) Propane and natural gas tank refilling or exchange
may only be performed by an individual, including the
operator of a mobile food vehicle, who has completed a
training course pertaining to refilling and exchange that has
been approved by the fire department. Each refill or exchange
must take place at a facility approved by the fire
department. A refill or exchange may not take place on city
streets or at a mobile food vehicle vending site.
(10) Records pertaining to refills and exchanges of
tanks for a mobile food vehicle must be kept by the facility
and by the operator of the mobile food vehicle for a period
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of one year. Such records shall be readily available upon the
request of any agency or department of the city.
(11) A mobile food vehicle operator shall be responsible
for testing the vehicle's propane or natural gas system for
leaks with an Underwriters Laboratories-classified and Mine
Safety and Health Administration-certified combustible gas
detector. The test must be performed in conjunction with each
refill or exchange. The testing must be completed and
recorded before the mobile food vehicle leaves the refill or
exchange facility.
(12) The fire department may inspect a propane or
natural gas system at any time for compliance with this
section and may contract with a third party for the provision
of inspection services required by this chapter.
§ 7003. Enforcement and penalties.
(a) General rule.--Subject to the provisions of subsection
(d), the enforcement agency shall enforce the provisions of this
chapter and any regulations promulgated under this chapter and
may do any or all of the following:
(1) Revoke or suspend a license or permit or issue a
cease and desist order following a finding of noncompliance
with the provisions of this chapter.
(2) Initiate a criminal prosecution for a violation of
this chapter.
(b) Penalties.--
(1) Except as provided in paragraph (2), a person that
violates this chapter or a regulation promulgated under this
chapter commits a summary offense and shall, upon conviction,
be sentenced to pay a fine of $500 for each violation. Each
day the violation continues shall be deemed a separate
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offense for the purposes of this paragraph and paragraph (2).
(2) A person that, after being sentenced under paragraph
(1), violates this chapter or a regulation promulgated under
this chapter shall, upon conviction, be sentenced to pay a
fine of $1,000 for each violation.
(3) All fines collected under this section shall be
remitted to the city for the use of the fire department in
carrying out its obligations under this chapter.
(c) License suspension or revocation.--Subject to the
provisions of subsection (d), a license or permit issued to the
operator of a mobile food vehicle for the operation of the
vehicle may be suspended or revoked by the issuer of the license
or permit upon the failure of the operator to pay a penalty
assessed under subsection (b) or for failing to comply with any
order issued by the agency or department of the city responsible
for enforcement of this chapter under subsection (a).
(d) Hearings and appeals.--
(1) Prior to taking an action under subsection (a) or
(c), the enforcement agency shall serve written notice of the
alleged violation upon the operator of the mobile food
vehicle and give the operator an opportunity to show or
achieve compliance with the requirements of this chapter that
are the subject of the notice.
(2) Paragraph (1) shall not apply when the enforcement
agency finds that public health, safety or welfare requires
immediate action.
(3) A person aggrieved by a formal action of the
enforcement agency under this section may appeal to any
review board operating in the city for the hearing of appeals
from actions of agencies and departments of the city. If a
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review board is not operating in the city, the person may
appeal to the court of common pleas for the county in which
the city is located.
§ 7004. Regulations.
Notwithstanding the provisions of section 15 of the act of
June 19, 2002 (P.L.421, No.61), known as the Propane and
Liquefied Petroleum Gas Act , to the contrary, a city may adopt,
administer and enforce regulations necessary to carry out the
provisions of this chapter.
Section 2. This act shall take effect in 60 days.
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