PRINTER'S NO. 1023
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 20050H0900B1023 - 2 -
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 20050H0900B1023 - 3 -
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. 20050H0900B1023 - 4 -
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), 20050H0900B1023 - 5 -
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 20050H0900B1023 - 6 -
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. B16L35BIL/20050H0900B1023 - 7 -