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A04671
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
934
Session of
2019
INTRODUCED BY LAUGHLIN, FONTANA, SCHWANK, L. WILLIAMS, KEARNEY,
TARTAGLIONE, YUDICHAK, ARGALL, YAW, MENSCH, MASTRIANO,
PITTMAN, SABATINA, KILLION, COLLETT, BLAKE, K. WARD, LEACH,
VOGEL, SCARNATI, PHILLIPS-HILL, BROOKS, REGAN, COSTA,
BARTOLOTTA, AUMENT, DiSANTO, BREWSTER, STEFANO, BOSCOLA,
HAYWOOD, BAKER, HUGHES, SCAVELLO, J. WARD, GORDNER AND
MARTIN, NOVEMBER 12, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, NOVEMBER 12, 2019
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in departmental powers and
duties as to licensing, further providing for right to enter
and inspect.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1016 of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code, is amended to read:
Section 1016. Right to Enter and Inspect.--(a) For the
purpose of determining the suitability of the applicants and of
the premises or whether or not any premises in fact qualifies as
a facility as defined in section 1001 of this act or the
continuing conformity of the licensees to this act and to the
applicable regulations of the department, any authorized agent
of the department shall have the right to enter, visit and
inspect any facility licensed or requiring a license under this
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act and shall have full and free access to the records of the
facility and to the individuals therein and full opportunity to
interview, inspect or examine such individuals.
(b) An authorized agent of the department shall also confer
with the operators of facilities regarding the minimum standards
of the department, encourage the adoption of higher standards
and recommend methods of improving care and services.
(c) A family child care home shall:
(1) Have a smoke detector on each floor and in the basement.
The smoke detectors on each floor and in the basement of the
family child care home shall be interconnected via hardwire,
Bluetooth connectivity or any other means that allows for
communications between the devices. The smoke detectors may be
powered by a nonreplaceable lithium battery listed by
Underwriters Laboratories that is warranted for ten years and
should sound an alarm when activated that is audible to persons
in the facility's indoor child care space with all intervening
doors closed. Where this type of detector is utilized, the
facility owner of this detector shall keep the proof and date of
purchase of the detector in the facility's fire drill logs.
(2) Have a portable fire extinguisher rated for Class B
Fires in the kitchen and other cooking areas.
(3) Meet the exiting requirements for an R-3 occupancy and
licensure under 55 Pa. Code Ch. 3290 (relating to family child
day care homes).
(d) At the time of inspection, an operator of a child care
center or family child care home shall submit to the department
written affirmation on a form provided by the department stating
that the child care center or family child care home maintains a
written emergency plan, fire drill log and posted evacuation
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routes. A regional certification staff shall conduct a visual
inspection of the facility to ensure the facility is in
compliance with fire safety requirements with respect to smoke
detectors under the act of April 27, 1927 (P.L.465, No.299),
referred to as the "Fire and Panic Act," and the act of November
10, 1999 (P.L.491, No.45), known as the "Pennsylvania
Construction Code Act." Upon inspection under this section,
notice of any failure to satisfy the safety requirements of this
subsection in a child care center or family child care home
shall be provided to the building code official charged by law
or ordinance with the enforcement of safety requirements. Upon
request by the department, the building code official shall
furnish to the department the proper reports and information
with respect to the requirements of this subsection for a child
care center or family child care home to ensure compliance with
this section.
(c) All child care centers and family child care homes shall
have a fire detection device or system that is operable and
properly maintained at all times in compliance with the act of
April 27, 1927 (P.L.465, No.299), referred to as the "Fire and
Panic Act," the act of November 10, 1999 (P.L.491, No.45), known
as the "Pennsylvania Construction Code Act," and applicable
regulations. The following shall apply:
(1) To verify operability, a child care center or a family
child care home shall manually test all fire detection devices
or systems at least once every thirty days and shall maintain a
written record of the testing with the facility's fire drill
logs. Operability shall also be demonstrated during the
department's annual inspection.
(2) If a fire detection device or system cannot be tested
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every thirty days, the child care center or family child care
home shall have the device or system tested at least annually by
a fire safety professional and shall maintain written
documentation of the test results with the facility's fire drill
logs. The documentation shall be on the fire safety
professional's letterhead.
(3) A child care center or family child care home shall keep
the proof and date of purchase of an interconnected fire
detection device or system with the facility's fire drill logs.
(4) The department's certification staff shall conduct a
visual inspection of the child care center or family child care
home to identify whether the child care center or family child
care home may not be in compliance with fire safety requirements
with respect to smoke detectors under the "Fire and Panic Act"
and the "Pennsylvania Construction Code Act." Upon inspection
under this section, notice of any suspected failure to satisfy
the safety requirements of this subsection in a child care
center or family child care home shall be provided to the
building code official charged by law or ordinance with the
enforcement of safety requirements. Upon request by the
department, the building code official shall furnish to the
department the inspection reports and any other pertinent
information with respect to the requirements of this subsection
for a child care center or family child care home to ensure
compliance with this section.
Section 2. All regulations and parts of regulations are
abrogated insofar as they are inconsistent with this act.
Section 3. This act shall take effect in 120 60 days.
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