Appeal from the Order of the Industrial Board of the Department of Labor and Industry in case of In Re: York County Prison, Case No. 1525-BK-S and 735-BI-S.
Lewis P. Sterling, County Solicitor, for petitioner.
David Haller, Assistant Attorney General, for respondent.
Alan Linder, for intervenors.
Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 43 Pa. Commw. Page 126]
The County of York (County) appeals an order of the Industrial Board of the Department of Labor and Industry (Industrial Board) requiring it to vacate its prison for violation of the Fire and Panic Act*fn1 and related regulations and for failure to comply with related orders issued by the Industrial Board.
Did the Industrial Board abuse its discretion or err as a matter of law in so ordering? We hold that it did not, and affirm.
On November 6, 1974, the Department of Labor and Industry (Department) issued an order listing numerous safety related deficiencies. Next came an order to show cause why the prison should not be vacated. A hearing was held on October 21, 1975, and the Industrial Board issued findings of fact and conclusions of law denying any variance. On October 21, 1976, the Industrial Board, upon recommendation of the Department, granted a variance for temporary use of the structure subject to certain prison facility modifications.
The County then, in another variance request on August 16, 1977, sought permission to use fire watchers equipped with air bags and fire extinguishers, instead of a smoke detection and sprinkler system. On November 25, 1977, the Industrial Board denied the variance and ordered that the building be vacated in 30 days.
The County filed this petition for review, raising numerous issues which we will address seriatim.
First: The County argues that the orders of November 6, 1974 and January 28, ...