PRINTER'S NO. 317
No. 284 Session of 1983
INTRODUCED BY MICOZZIE, CIVERA, ARTY AND R. C. WRIGHT,
FEBRUARY 16, 1983
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE,
FEBRUARY 16, 1983
AN ACT
1 Amending the act of April 27, 1927 (P.L.465, No.299), entitled,
2 as amended, "An act to provide for the safety of persons
3 employed, housed, or assembled in certain buildings and
4 structures not in cities of the first class, second class,
5 and second class A, by requiring certain construction and
6 ways of egress, equipment, and maintenance; providing for the
7 licensing of projectionists, except in cities of the first
8 class and second class; requiring the submission of plans for
9 examination and approval; providing for the promulgation of
10 rules and regulations for the enforcement of this act;
11 providing for the enforcement of this act by the Department
12 of Labor and Industry and, in certain cases, by the chiefs of
13 fire departments in cities of the third class; providing
14 penalties for violations of the provisions of this act; and
15 repealing certain acts," requiring licensed motion picture
16 projectionists to be on duty at all times when a motion
17 picture open to the public is shown at a movie theater.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The title of the act of April 27, 1927 (P.L.465,
21 No.299), referred to as the Fire and Panic Act, amended January
22 14, 1952 (1951 P.L.1889, No.518), is amended to read:
23 AN ACT
24 To provide for the safety of persons employed, housed, or
1 assembled in certain buildings and structures not in cities
2 of the first class, second class, and second class A, by
3 requiring certain construction and ways of egress, equipment,
4 and maintenance; providing for the licensing of
5 projectionists[, except in cities of the first class and
6 second class]; requiring the submission of plans for
7 examination and approval; providing for the promulgation of
8 rules and regulations for the enforcement of this act;
9 providing for the enforcement of this act by the Department
10 of Labor and Industry and, in certain cases, by the chiefs of
11 fire departments in cities of the third class; providing
12 penalties for violations of the provisions of this act; and
13 repealing certain acts.
14 Section 2. Section 7 of the act, amended April 22, 1959
15 (P.L.52, No.26), is amended to read:
16 Section 7. Licensing of Projectionists [Except in Cities of
17 the First Class and Second Class].--All movie theaters shall
18 have a licensed motion picture projectionist on duty during such
19 times as motion pictures are being shown to an audience of the
20 general public. Except as otherwise provided herein, no person
21 shall be permitted to project any motion picture, either
22 theatrical or non-theatrical, until he has obtained a license
23 from the Department of Labor and Industry, or, in cities of the
24 first and second class, from the appropriate licensing
25 department of that city, after passing an examination prescribed
26 by the said department, for which fees shall be charged as
27 hereinafter provided; and no person shall be permitted in any
28 projection room during any performance, except licensed
29 projectionists, apprentice projectionists, the manager or owner
30 of the theater, or authorized officials [of the Department of
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1 Labor and Industry]. Any license may be suspended or revoked for
2 due cause, but no license shall be revoked until the
3 projectionist or apprentice projectionist has been granted a
4 hearing before the Secretary of Labor and Industry, or, in
5 cities of the first and second class, before an appropriate
6 hearing officer. [The amendment providing for the licensing of
7 projectionists in cities of the second class A to become
8 effective as of the first day of January, one thousand nine
9 hundred fifty-two.]
10 Every application to the Department of Labor and Industry for
11 examination as a projectionist shall be accompanied by a fee of
12 three dollars ($3.00). If the applicant is successful, a
13 certificate of competency and a license shall be issued by the
14 Department of Labor and Industry upon payment of an additional
15 fee of seven dollars fifty cents ($7.50) for projectionists of
16 theatrical or commercial motion pictures, or a fee of three
17 dollars ($3.00) for projectionists of non-theatrical motion
18 pictures. There shall be no examination fee required from
19 apprentice projectionists, but there shall be a license fee of
20 four dollars fifty cents ($4.50) required, the same to accompany
21 application from the apprentice projectionist. For the annual
22 renewal of license for a theatrical or commercial projectionist,
23 there shall be a fee of seven dollars fifty cents ($7.50)
24 charged, the same to accompany the application for renewal of
25 license, and for non-theatrical projectionists the renewal fee
26 shall be three dollars ($3.00). The renewal fee for apprentice
27 license shall be two dollars ($2.00). First and second class
28 cities are hereby authorized to establish their own standards
29 and fees for licensing. All fees [shall be] paid to the
30 Department of Labor and Industry [and by the said department]
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1 shall in turn be paid to the State Treasurer, through the
2 Department of Revenue, for the use of the Commonwealth:
3 Provided, however, That no registration, examination, license or
4 fee shall be required for any one to operate approved sixteen
5 millimeter or smaller projectors, using cellulose acetate film
6 or similar nonflammable film, with or without sound equipment,
7 not being exhibited in theaters or public places of
8 entertainment regularly used as such at which admission fees are
9 charged. This act shall not include viewings for the sole
10 purpose of promotion or distribution which are not open to the
11 general public.
12 Section 3. Section 15 of the act, amended January 14, 1952
13 (1951 P.L.1889, No.518), is amended to read:
14 Section 15. Enforcement.--The provisions of this act shall
15 apply to every building enumerated in this act, including
16 buildings owned, in whole or in part, by the Commonwealth, or
17 any political subdivision thereof, and shall be enforced by the
18 Secretary of Labor and Industry, by and through his authorized
19 representatives: Provided, That [nothing in this act shall be
20 construed as affecting buildings in cities of the first class,
21 second class, and second class A, or the licensing of
22 projectionists in cities of the first class and second class,
23 and that] duly appointed chiefs of fire departments shall be
24 equally responsible with the Secretary of Labor and Industry for
25 the enforcement of the provisions of this act and the
26 regulations of the Department of Labor and Industry pertaining
27 to the removal of obstructions to and maintenance of exits,
28 aisles, passageways, and stairways leading to or from exits in
29 all buildings covered by this act, and the inspection and
30 maintenance of emergency lighting systems, fire alarms and fire
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1 extinguishing apparatus.
2 For the purpose of enforcing the provisions of this act, all
3 the officers charged with its enforcement shall have the power
4 to enter any of the buildings or structures enumerated in
5 section two of this act, and no person shall hinder or delay, or
6 interfere with, any of the said officers in the performance of
7 his duty, nor refuse information necessary to determine whether
8 the provisions of this act, and the rules and regulations herein
9 provided for, are or will be complied with.
10 Section 4. This act shall take effect in 60 days.
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