PRINTER'S NO. 1523
No. 1240 Session of 1977
INTRODUCED BY EARLY, DECEMBER 7, 1977
REFERRED TO LABOR AND INDUSTRY, DECEMBER 7, 1977
AN ACT 1 Requiring certain sprinkler systems in hospitals, asylums and 2 convalescent and nursing homes; conferring powers on the 3 Department of Labor and Industry; providing for enforcement 4 and penalties and making repeals. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sprinkler systems required. 8 Sprinkler systems necessary to give proper protection from 9 fire to persons employed, assembled, lodged or housed in 10 hospitals, asylums, convalescent and nursing homes in all 11 political subdivisions shall be installed in such institutions. 12 No such systems shall be installed unless they are of a type 13 approved by the Department of Labor and Industry by regulation 14 or otherwise. 15 Section 2. Vacating institutions for noncompliance. 16 Whenever the owner of any building or structure, as described 17 in this act, shall fail to comply with the provisions of this 18 act, or the rules and regulations of the Department of Labor and 19 Industry formulated under the authority of this act, and upon
1 whom a written order shall have been served by the Department of 2 Labor and Industry to comply with the said provisions of this 3 act and the rules and regulations of the Department of Labor and 4 Industry, and who nevertheless shall have failed to comply with 5 the said written order within the time specified in the same, 6 the Department of Labor and Industry shall be authorized to 7 immediately order the building or structure to be vacated or 8 placed out of service until such time as the requirements of 9 this act and the rules and regulations of the Department of 10 Labor and Industry shall have been fully complied with. 11 Section 3. Penalties. 12 (a) Any person who shall violate any of the provisions of 13 this act, or the rules and regulations of the Department of 14 Labor and Industry, or who shall fail or refuse to observe 15 orders for the enforcement of the said provisions or rules and 16 regulations issued by duly authorized officers of the Department 17 of Labor and Industry, or who shall hinder or delay or interfere 18 with any officer charged with the enforcement of this act in the 19 performance of his duty, shall be guilty of a summary offense. 20 (b) Any person who shall fail or refuse to vacate a building 21 or portion of a building, or who shall fail to cease work in the 22 erecting, remodeling, adapting or altering of a building, or who 23 shall fail to vacate or place out of service any structure, 24 after due notice having been served upon him by an officer of 25 the Department of Labor and Industry and proper notice having 26 been placed upon the building or structure by such officer, 27 shall be liable for a penalty of $10 a day for each day he shall 28 have so failed or refused to vacate, cease work on or place out 29 of service the building, portion of building or structure upon 30 which such notice has been placed, the said penalty to be 19770S1240B1523 - 2 -
1 collectible in the same manner as any fine payable to the 2 Commonwealth. 3 (c) Prosecutions for violations of this act, or the rules 4 and regulations of the Department of Labor and Industry, may be 5 instituted by the Secretary of Labor and Industry, or under his 6 directions by any authorized representative of the said 7 department, or by duly appointed chiefs of fire departments for 8 violations of the portions of this act they are especially 9 called upon by this act to enforce, and shall be in the form of 10 summary criminal proceedings instituted before a justice of the 11 peace. Upon conviction after a hearing, the sentences provided 12 in this act shall be imposed, and shall be final unless an 13 appeal be taken in the manner prescribed by law. 14 (d) All fines collected under this act shall be forwarded to 15 the Department of Labor and Industry, who shall pay the same 16 into the State Treasury for the use of the Commonwealth. 17 Section 4. Repeals. 18 (a) The following acts are repealed insofar as inconsistent 19 with the provisions of this act: 20 (1) The act of June 8, 1911 (P.L.705, No.281), entitled 21 "An act creating the office of Fire Marshal, to be attached 22 to the Department of Public Safety in cities of the first 23 class; prescribing his duties and powers; and providing 24 penalties for violations of the provisions of the act; and 25 providing for the method of appointment, compensation, and 26 for the maintenance of his office." 27 (2) The act of May 13, 1915 (P.L.297, No.180), entitled 28 "A supplement to an act, entitled 'An act for the government 29 of cities of the second class,' approved the seventh day of 30 March, one thousand nine hundred and one; authorizing cities 19770S1240B1523 - 3 -
1 of the second class, for the purpose of preventing fires, the 2 spread of fire, fire waste, and loss of life from fire, or a 3 loss of life or damage to property from unsafe or improper 4 construction or design of buildings, to enact ordinances to 5 provide for and regulate the construction, equipment, 6 arrangements, maintenance, inspection, alteration, repair, 7 and removal of buildings and premises, and appliances, 8 apparatus, and conditions in and about them; to provide for 9 the regulation of the manufacture, transportation, storage, 10 sale, and use of explosives, gases, inflammables, and 11 dangerous chemicals and substances; to prohibit the 12 manufacture of explosives and fireworks, and the 13 transportation, storage, sale, and use of nitro-glycerine; 14 imposing on the Department of Public Safety the enforcement 15 of ordinances relating thereto, and authorizing such 16 department to investigate fires; providing for the service of 17 orders made by the said department and for the appeals from 18 and reviews of certain of its orders, for the method of 19 recovering money expended by the cities in remedying 20 conditions, and the method of obtaining a lien therefor; and 21 providing that the courts of common pleas shall have 22 jurisdiction to punish witnesses for disobedience of orders 23 of the director of said department when holding 24 investigations; and repealing all laws inconsistent 25 therewith." 26 (3) The act of April 27, 1927 (P.L.465, No.299), referred 27 to as the Fire and Panic Act. 28 (b) All other acts or parts of acts inconsistent herewith 29 are repealed to the extent of such inconsistency. 30 Section 5. Effective date. 19770S1240B1523 - 4 -
1 This act shall take effect in 90 days. K23L32CVV/19770S1240B1523 - 5 -