DRY CLEANING LAW - REPEALED — 1990 Pa. Act 214 (historical enacted text)

Historical Act text

PRINTER'S NO. 2860
INTRODUCED BY VEON AND LAUGHLIN, DECEMBER 6, 1989
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 6, 1989
AN ACT
1 Regulating the construction, operation and maintenance of dry
2 cleaning plants in this Commonwealth.
3 TABLE OF CONTENTS
4 Section 1. Short title.
5 Section 2. Legislative purpose.
6 Section 3. Definitions.
7 Section 4. Class I dry cleaning plants restricted.
8 Section 5. General requirements.
9 Section 6. Power to make regulations.
10 Section 7. Approval of plans for dry cleaning plants.
11 Section 8. Review of orders and decisions of department.
12 Section 9. Inspection of buildings.
13 Section 10. Application to existing plants.
14 Section 11. Fines and penalties.
15 Section 12. Disposition of fines and fees.
16 Section 13. Savings provision.
17 Section 14. Repeal.
1 Section 15. Effective date.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Dry Cleaning
6 Law.
7 Section 2. Legislative purpose.
8 The General Assembly finds that solvents used in dry cleaning
9 plants pose fire hazards and health hazards; accordingly, it is
10 the purpose of this act to regulate the construction, operation
11 and maintenance of dry cleaning plants in order to protect the
12 public and the dry cleaning plant workers from fire hazards and
13 health hazards associated with dry cleaning solvents.
14 Section 3. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Class I solvent." A liquid having a flash point below 100
19 degrees Fahrenheit (37.8 degrees Centigrade).
20 "Class II solvent." A liquid having a flash point at or
21 above 100 degrees Fahrenheit (37.8 degrees Centigrade) and below
22 140 degrees Fahrenheit (60 degrees Centigrade).
23 "Class IIIA solvent." A liquid having a flash point at or
24 above 140 degrees Fahrenheit (60 degrees Centigrade) and below
25 200 degrees Fahrenheit (93.4 degrees Centigrade).
26 "Class IIIB solvent." A liquid having a flash point at or
27 above 200 degrees Fahrenheit (93.4 degrees Centigrade).
28 "Class IV solvent." A liquid which is nonflammable.
29 "Class I dry cleaning plant." A dry cleaning plant in which
30 dry cleaning is conducted by utilizing Class I solvent.
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1 "Class II dry cleaning plant." A dry cleaning plant in which
2 dry cleaning is conducted by utilizing Class II solvent.
3 "Class IIIA dry cleaning plant." A dry cleaning plant in
4 which dry cleaning is conducted by utilizing Class IIIA solvent.
5 "Class IIIB dry cleaning plant." A dry cleaning plant in
6 which dry cleaning is conducted by utilizing Class IIIB solvent.
7 "Class IV dry cleaning plant." A dry cleaning plant in which
8 dry cleaning is conducted by utilizing Class IV solvent.
9 "Class V dry cleaning plant." A dry cleaning plant in which
10 dry cleaning is conducted utilizing Class IV solvent and where
11 the dry cleaning is conducted by the public.
12 "Department." The Department of Labor and Industry of the
13 Commonwealth.
14 "Dry cleaning." The process of cleaning wearing apparel,
15 cloth, fabrics, textiles, leather goods, feathers, furs and hats
16 of any type or kind by immersion and agitation, or by immersion
17 only, in a commercially non-aqueous volatile or volatile and
18 flammable liquid solvent applied either manually or by means of
19 a mechanical appliance, including the sponging or brushing of
20 such articles by the use of such solvents.
21 "Dry cleaning plant." Any premises in which dry cleaning is
22 conducted.
23 "Person." An individual, partnership, association or
24 corporation.
25 "Toxic and hazardous substance." Any substance included on
26 the list of substances compiled by the department pursuant to
27 section 3 of the act of October 5, 1984 (P.L.734, No.159), known
28 as the Worker and Community Right-to-Know Act.
29 Section 4. Class I dry cleaning plant restricted.
30 (a) Existing Class I plants.--Class I dry cleaning plants in
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1 operation as of May 14, 1949, may be continued in operation,
2 subject to regulations adopted by the department.
3 (b) New Class I plants.--No person shall erect or construct
4 a new Class I dry cleaning plant, and the department shall not
5 approve plans for a Class I dry cleaning plant; nor shall any
6 such plant, other than those that were in operation as of May
7 14, 1949, be hereafter maintained or operated.
8 Section 5. General requirements.
9 With respect to the type of construction and materials used,
10 fire proofing, number and type of ways of egress, ventilation,
11 provisions for containment of dry cleaning solvent spills, and
12 provisions for venting of vapors from dry cleaning solvent
13 spills, dry cleaning plants must be constructed, operated and
14 maintained, in such a manner as to protect the public and dry
15 cleaning plant workers from the hazards of fire and exposure to
16 toxic and hazardous substances, and from any other hazards
17 associated with the use of or exposure to dry cleaning solvents.
18 Section 6. Power to make regulations.
19 The department shall have the following powers and duties:
20 (1) To make, alter, amend or repeal regulations for
21 carrying into effect all of the provisions of this act.
22 (2) To apply such provisions to specific conditions.
23 (3) To prescribe means, methods and practices to make
24 such provisions effective.
25 Section 7. Approval of plans for dry cleaning plants.
26 (a) Application for approval.--No person shall construct,
27 erect, maintain or operate any dry cleaning plant without first
28 obtaining the approval of the department. Application for such
29 approval shall be made upon forms prescribed by the department,
30 which shall require the applicant to identify specifically the
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1 dry cleaning solvents that will be used in the plant. The
2 application shall be accompanied by drawings that depict the
3 floor plan, the roof plan, the external elevations of the
4 building in which the plant is located, and the position of all
5 machinery and equipment in the plant, including all dry cleaning
6 machines and related equipment, exhaust fans, motors, storage
7 tanks and fire extinguishing equipment. Such plans shall
8 indicate compliance with the requirements of this act and with
9 the regulations promulgated by the department.
10 (b) Prior approval by the department.--Any dry cleaning
11 plant for which the approval of the department has been secured
12 as required by laws specifically repealed by this act shall be
13 deemed to have complied with the foregoing provisions of this
14 section.
15 (c) Fee.--A fee of $75 shall be paid to the department for
16 review of dry cleaning plant plans.
17 Section 8. Review of orders and decisions of department.
18 (a) Appeals to Industrial Board.--Any person aggrieved by
19 any order of the department made in carrying out the provisions
20 of this act or by the department's refusal of any application
21 for approval may, at any time within 30 days after receipt of
22 notice of such order or refusal, appeal to the Industrial Board
23 and request a hearing by filing with the Industrial Board a
24 verified petition setting out specifically and in full detail
25 the order or refusal upon which a hearing is desired and the
26 reasons why such order or refusal is deemed to be unreasonable
27 or invalid.
28 (b) Adjudication by board.--The Industrial Board shall make
29 an adjudication with respect to any petition under subsection
30 (a) in accordance with the procedure prescribed in 2 Pa.C.S.
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1 (relating to administrative law and procedure), and any such
2 adjudication made by the Industrial Board shall be subject to
3 judicial review in the manner prescribed by 2 Pa.C.S.
4 Section 9. Inspection of buildings.
5 Any inspector of the department or any representative of the
6 Pennsylvania State Police shall be permitted to enter any dry
7 cleaning plant at any reasonable hour for purposes of
8 inspection.
9 Section 10. Application to existing plants.
10 Nothing in this act shall be construed so as to restrict or
11 limit the operation of any dry cleaning plant, the construction
12 and operation of which was approved by the department prior to
13 the effective date of this act, unless, in the opinion of the
14 department, continued operation of the dry cleaning plant poses
15 a fire hazard or a health hazard to the public or to dry
16 cleaning plant workers, in which event the provisions of this
17 act and the regulations promulgated by the department pursuant
18 to this act shall be applicable.
19 Section 11. Fines and penalties.
20 Any person who violates any of the provisions of this act or
21 any of the regulations promulgated by the department, as herein
22 authorized, shall, upon conviction, for the first offense, be
23 sentenced to pay a fine of not less than $100 nor more than $500
24 and costs of prosecution, and, for any subsequent offense, to
25 pay a fine of not less than $1,000 nor more than $5,000 and
26 costs of prosecution, and, in default of the payment of such
27 fines and costs, to imprisonment for a period of not less than
28 ten days nor more than 60 days.
29 Section 12. Disposition of fines and fees.
30 All fines and fees collected by the department under the
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1 provisions of this act shall be used by the department to offset
2 the expenses for the enforcement of this act.
3 Section 13. Savings provision.
4 Nothing in this act shall be construed to repeal any of the
5 following acts or parts of acts:
6 (1) Act of June 8, 1911 (P.L. 705, No. 281), entitled
7 "An act creating the office of Fire Marshal, to be attached
8 to the Department of Public Safety in cities of the first
9 class; prescribing his duties and powers; and providing
10 penalties for violations of the provisions of the act; and
11 providing for the method of appointment, compensation, and
12 for the maintenance of his office."
13 (2) Article XXXI of the act of July 28, 1953 (P.L.723,
14 No.230), known as the Second Class County Code.
15 Section 14. Repeal.
16 The act of May 14, 1949 (P.L.1342, No.402), known as the Dry
17 Cleaning and Dyeing Law, is repealed.
18 Section 15. Effective date.
19 This act shall take effect immediately.
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