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                                                      PRINTER'S NO. 1023

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 900 Session of 2005


        INTRODUCED BY BELFANTI, McGEEHAN, GOODMAN, PHILLIPS, KIRKLAND,
           BLAUM, DALEY, FAIRCHILD, GRUCELA, LaGROTTA, STABACK,
           WASHINGTON, BROWNE, FABRIZIO, GEORGE, MANN, BEBKO-JONES,
           CRAHALLA, BLACKWELL, FRANKEL, JAMES, PRESTON, WALKO, BISHOP,
           CALTAGIRONE, FREEMAN, GOOD AND SOLOBAY, MARCH 14, 2005

        REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
           PREPAREDNESS, MARCH 14, 2005

                                     AN ACT

     1  Providing for a program to assist certain facilities in the
     2     installation of fire sprinkler and alarm systems and
     3     procurement of emergency communication equipment;
     4     establishing the Fire Safety Fund and a fire safety program;
     5     providing for duties of the Department of Labor and Industry;
     6     imposing penalties; and making an appropriation.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9  Section 1.  Short title.
    10     This act shall be known and may be cited as the Fire Safety
    11  Act.
    12  Section 2.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Department."  The Department of Labor and Industry of the
    17  Commonwealth.
    18     "Facility."  Any of the following:

     1         (1)  An institution subject to supervision by the
     2     Department of Public Welfare under Article IX of the act of
     3     June 13, 1967 (P.L.31, No.21), known as the Public Welfare
     4     Code. Notwithstanding section 902(5) of the Public Welfare
     5     Code, this paragraph does not include labor or labor systems
     6     in penal, correctional or reformatory institutions in this
     7     Commonwealth.
     8         (2)  A facility subject to licensure under Article X of
     9     the Public Welfare Code.
    10         (3)  A State veterans home.
    11         (4)  An assisted living facility.
    12         (5)  A personal care home.
    13     "Fund."  The Fire Safety Fund established in section 4
    14  (relating to fund).
    15     "Program."  The fire safety program established in section 6
    16  (relating to fire safety program).
    17     "Personal care home."  A facility subject to the licensure
    18  under 55 Pa.Code Ch. 2620 (relating to personal care home
    19  licensing).
    20  Section 3.  Duties of department.
    21     The department shall:
    22         (1)  Administer the fund under section 4 (relating to
    23     fund).
    24         (2)  Administer the program under section 6 (relating to
    25     fire safety program).
    26         (3)  Prosecute violations under section 11 (relating to
    27     penalties).
    28         (4)  Promulgate regulations to implement this act.
    29  Section 4.  Fund.
    30     (a)  Establishment.--The Fire Safety Fund is established as a
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     1  separate fund in the State Treasury.
     2     (b)  Sources.--The sources of the fund are as follows:
     3         (1)  Program appropriations.
     4         (2)  Repayment of principal and interest on loans under
     5     section 7 (relating to program requirements).
     6         (3)  Fines under section 11 (relating to penalties).
     7         (4)  Return on investment of the money in the fund.
     8     (c)  Continuing appropriation.--The money in the fund is
     9  continuously appropriated to the fund. This appropriation shall
    10  not lapse at the end of any fiscal year.
    11  Section 5.  Safety requirements for facilities.
    12     (a)  Automatic sprinkler systems.--A facility shall be
    13  equipped with an automatic sprinkler system that satisfies the
    14  requirements of Pamphlet 13 or 13R of the National Fire
    15  Protection Association.
    16     (b)  Fire alarms.--A facility shall be equipped with an
    17  automatic and manually activated fire alarm system installed to
    18  transmit an alarm automatically to a fire department by the most
    19  direct and reliable method approved by local regulations.
    20     (c)  Emergency use communications.--A facility shall have
    21  either a cellular phone or other functioning alternative form of
    22  communication in each wing or on each floor of the facility for
    23  use only during an emergency.
    24  Section 6.  Fire safety program.
    25     (a)  Program.--The department shall establish and administer
    26  a loan program for the purpose of providing low-interest loans
    27  to facilities to install or retrofit automatic water sprinkler
    28  systems or automatic fire suppression or control systems and
    29  automatic and manually activated fire alarm systems installed to
    30  transmit an alarm automatically to a fire department and to
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     1  procure alternate forms of emergency communication in facilities
     2  in order to comply with this act. Loan payments shall be
     3  credited to the fund.
     4     (b)  Terms and conditions.--Each loan approved by the
     5  department under this act shall contain the following terms and
     6  conditions:
     7         (1)  The loan shall be subject to interest at a rate of
     8     1.5% per annum.
     9         (2)  The loan shall be repaid within ten years of the
    10     date of the loan.
    11         (3)  Any other terms and conditions as promulgated by the
    12     department.
    13     (c)  Application.--The department shall develop an
    14  application for loans from the fund. No loan shall be approved
    15  by the department unless the applicant seeking the loan has
    16  completed the application and agreed to the terms and conditions
    17  required by the department.
    18  Section 7.  Program requirements.
    19     (a)  Compliance.--A facility in existence on the effective
    20  date of this section shall be in compliance with section 5
    21  (relating to safety requirements for facilities) not later than
    22  five years from the effective date of this section.
    23     (b)  Conversion.--A building or structure in existence on the
    24  effective date of this section which is converted into a
    25  facility shall be in compliance with section 5 prior to the
    26  issuance of a certificate of occupancy.
    27     (c)  Renovation.--A facility in existence on the effective
    28  date of this section which is renovated at a cost in excess of
    29  25% of the facility's taxable value shall be in compliance with
    30  section 5 prior to the issuance of a certificate of occupancy.
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     1     (d)  New facilities.--A facility on which construction is
     2  initiated on or after the effective date of this section shall
     3  be in compliance with section 5 prior to the issuance of a
     4  certificate of occupancy.
     5     (e)  Variances from compliance requirements.--A facility may
     6  apply to the department for a variance from the completion
     7  requirement of section 5. The department shall promulgate, by
     8  regulation, the format and procedure for the consideration of
     9  variance requests. The department may grant a variance if it can
    10  be demonstrated that the applicant is acting in good faith and
    11  that compliance with section 5 would impose an unreasonable
    12  hardship to the applicant. Possible factors justifying a
    13  variance include the availability of qualified contractors and
    14  the possible financial hardship imposed on an applicant if the
    15  applicant were required to comply with the original completion
    16  requirement. A variance under this paragraph may not exceed two
    17  years from the original completion requirement. A variance
    18  application must be submitted no later than 42 months after the
    19  effective date of this act.
    20  Section 8.  Requirements.
    21     Participants in the program shall be subject to the following
    22  statutory requirements governing construction projects and
    23  construction-related work:
    24         (1)  Section 1 of the act of May 1, 1913 (P.L.155,
    25     No.104), entitled "An act regulating the letting of certain
    26     contracts for the erection, construction, and alteration of
    27     public buildings."
    28         (2)  The act of August 15, 1961 (P.L.987, No.442), known
    29     as the Pennsylvania Prevailing Wage Act.
    30         (3)  The act of December 20, 1967 (P.L.869, No.385),
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     1     known as the Public Works Contractors' Bond Law of 1967.
     2         (4)  The act of March 3, 1978 (P.L.6, No.3), known as the
     3     Steel Products Procurement Act.
     4  Section 9.  Failure to comply.
     5     If the owner of a facility, after receiving service of a
     6  written order by the department to comply with the provisions of
     7  this act and its regulations, fails to comply with any written
     8  order within the time specified in the order, the department is
     9  authorized to immediately order the facility to be vacated or
    10  placed out of service until the requirements of this act and its
    11  regulations are fully complied with.
    12  Section 10.  Enforcement.
    13     For the purpose of enforcing this act, all the officers
    14  charged with its enforcement shall have the power to enter any
    15  facility. No person shall hinder or delay or interfere with any
    16  of these officers in the performance of their duty nor refuse
    17  information necessary to determine compliance with the
    18  provisions of this act and its regulations.
    19  Section 11.  Penalties.
    20     (a)  Violation of act.--
    21         (1)  Any person that violates any provision of this act
    22     commits a summary offense and shall, upon conviction, be
    23     sentenced to pay a fine of not more than $1,000 and costs.
    24         (2)  Each day that a violation of this act continues
    25     shall be considered a separate violation.
    26     (b)  Disposition of penalties.--The amount of the penalty
    27  shall be forwarded to the department.
    28  Section 12.  Appropriation.
    29     The sum of $          , or as much thereof as may be
    30  necessary, is hereby appropriated to the Fire Safety Fund for
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     1  the fiscal year July 1, 2005, to June 30, 2006.
     2  Section 13.  Effective date.
     3     This act shall take effect July 1, 2005, or immediately,
     4  whichever is later.


















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