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§ 1183. Inspection of buildings; order for removal; service of notice on owner

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 12. Fires and Fire Prevention (Refs & Annos)
State Fire Marshal Law (Refs & Annos)
35 P.S. § 1183
§ 1183. Inspection of buildings; order for removal; service of notice on owner
(a) The Pennsylvania State Police, or its assistants, upon the complaint of any person, or whenever it or they shall deem it necessary, shall inspect the buildings and premises within their jurisdiction. Whenever any of the said officers shall find any buildings or structures which, for want of repairs or by reason of age or dilapidated condition or accumulation of waste, rubbish, debris, explosive or flammable substance in any buildings or on premises, constituting a fire menace or hazard, or for any other cause, making it especially liable to fire, and endangering property, and so situated as to endanger other property, it or they shall order the same to be removed or remedied, if the same is reasonably practicable, thereby lessening the danger of fire. Whenever such officer shall find, in any building, combustible or explosive matter, or flammable conditions, which are in violation of any law or ordinance applicable thereto, or are dangerous to the safety of such buildings, thereby endangering other property, it or they shall order the same to be removed or remedied, and such order shall contain a notice that an appeal therefrom may be taken, and shall forthwith be complied with by the owner or occupant of such premises or buildings.
(b) If such order is made by any assistant to the Pennsylvania State Police, such owner or occupant may, within five days, appeal to the Pennsylvania State Police, which shall, within ten days, review such order and file its decision thereon, and unless by its authority the order is revoked or modified, it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant, who feels aggrieved by any order of the Pennsylvania State Police, or by any decision upholding or modifying any order of any of its assistants, may, within five days after the same has been made or filed by the Pennsylvania State Police, file his petition with the court of common pleas of the county where the property subject to the proceeding is located, praying a review of such order, and it shall be the duty of the court to hear the same at the first convenient day and to make such order in the premises as right and justice may require.
(c) The service of any such order shall be made upon the owner or occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally, or by delivering the same to and leaving it with any person in charge of the premises, or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to, and leaving with, the said person a true copy of the said order, or if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address.
(d) Any owner or occupant refusing or neglecting to comply with any final order or notice issued by the Pennsylvania State Police, or under its direction by any inspector or member of the Pennsylvania State Police, shall, upon conviction thereof under summary proceedings instituted before any magistrate, alderman, or justice of the peace1 in the county where such violations occur, be sentenced to pay a fine of not less than fifty dollars ($50.00), nor more than two hundred dollars ($200.00), and in default of the payment of such fine and costs, to be imprisoned in the county prison one day for each dollar of fine and costs unpaid. Upon conviction after hearing, the sentences provided in this act shall be imposed and shall be final unless an appeal be taken in the manner prescribed by law.
All fines collected under this act shall be paid into the General Fund in the State Treasury through the Department of Revenue.
(e) The term “owner or occupant” as used in this section shall include individuals, partnerships, associations, corporations and political subdivisions. The term shall also include counties and cities with respect to buildings and premises, which they are by law required to purchase at tax sales, and which they hold as trustees for the benefit of all political subdivisions for the taxes of which the property was sold.

Credits

1927, April 27, P.L. 450, No. 291, § 3. Amended 1937, June 29, P.L. 2403, § 2; 1943, April 28, P.L. 123, § 2; 1945, May 16, P.L. 620, § 1; 1949, April 6, P.L. 396, § 1; 1972, Feb. 17, P.L. 72, No. 24, § 2.

Footnotes

Reference to “justice of the peace” deemed to be reference to a magisterial district judge, pursuant to 2004, Nov. 30, P.L. 1618, No. 207, § 28(1).
35 P.S. § 1183, PA ST 35 P.S. § 1183
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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