2010 Pennsylvania Code
Title 35 - HEALTH AND SAFETY
Chapter 71 - General Provisions
7102 - Definitions.

     § 7102.  Definitions.
        The following words and phrases when used in this part shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Agency."  The Pennsylvania Emergency Management Agency.
        "Council."  The Pennsylvania Emergency Management Council.
        "Custodial child care facility."  A child day care center as
     defined under section 1001 of the act of June 13, 1967 (P.L.31,
     No.21), known as the Public Welfare Code, or nursery school
     licensed or regulated by the Commonwealth.
        "Disaster."  A man-made disaster, natural disaster or war-
     caused disaster.
        "Disaster emergency."  Those conditions which may by
     investigation made, be found, actually or likely, to:
            (1)  affect seriously the safety, health or welfare of a
        substantial number of citizens of this Commonwealth or
        preclude the operation or use of essential public facilities;
            (2)  be of such magnitude or severity as to render
        essential State supplementation of county and local efforts
        or resources exerted or utilized in alleviating the danger,
        damage, suffering or hardship faced; and
            (3)  have been caused by forces beyond the control of
        man, by reason of civil disorder, riot or disturbance, or by
        factors not foreseen and not known to exist when
        appropriation bills were enacted.
        "Emergency management."  The judicious planning, assignment
     and coordination of all available resources in an integrated
     program of prevention, mitigation, preparedness, response and
     recovery for emergencies of any kind, whether from attack, man-
     made or natural sources.
        "Emergency services."  The preparation for and the carrying
     out of functions, other than functions for which military forces
     are primarily responsible, to prevent, minimize and provide
     emergency repair of injury and damage resulting from disasters,
     together with all other activities necessary or incidental to
     the preparation for and carrying out of those functions. The
     functions include, without limitation, firefighting services,
     police services, medical and health services, rescue,
     engineering, disaster warning services, communications,
     radiological, shelter, chemical and other special weapons
     defense, evacuation of persons from stricken areas, emergency
     welfare services, emergency transportation, emergency resources
     management, existing or properly assigned functions of plant
     protection, temporary restoration of public utility services and
     other functions related to civilian protection.
        "Local emergency."  The condition declared by the local
     governing body when in their judgment the threat or actual
     occurrence of a disaster is or threatens to be of sufficient
     severity and magnitude to warrant coordinated local government
     action to prevent or alleviate the damage, loss, hardship or
     suffering threatened or caused thereby. A local emergency
     arising wholly or substantially out of a resource shortage may
     be declared only by the Governor, upon petition of the local
     governing body, when he deems the threat or actual occurrence of
     a disaster to be of sufficient severity and magnitude to warrant
     coordinated local government action to prevent or alleviate the
     damage, loss, hardship or suffering threatened or caused
     thereby.
        "Local organization."  A local emergency management
     organization.
        "Man-made disaster."  Any industrial, nuclear or
     transportation accident, explosion, conflagration, power
     failure, natural resource shortage or other condition, except
     enemy action, resulting from man-made causes, such as oil spills
     and other injurious environmental contamination, which threatens
     or causes substantial damage to property, human suffering,
     hardship or loss of life.
        "Natural disaster."  Any hurricane, tornado, storm, flood,
     high water, wind-driven water, tidal wave, earthquake,
     landslide, mudslide, snowstorm, drought, fire, explosion or
     other catastrophe which results in substantial damage to
     property, hardship, suffering or possible loss of life.
        "Person."  An individual, corporation, firm, association,
     public utility, trust, estate, public or private institution,
     group, the Commonwealth or a local agency or political
     subdivision and any legal successor, representative or agency of
     the foregoing.
        "Political subdivision."  Any county, city, borough,
     incorporated town or township.
        "Resource shortage."  The absence, unavailability or reduced
     supply of any raw or processed natural resource, or any
     commodities, goods or services of any kind which bear a
     substantial relationship to the health, safety, welfare and
     economic well-being of the citizens of this Commonwealth.
        "War-caused disaster."  Any condition following an attack
     upon the United States resulting in substantial damage to
     property or injury to persons in the United States caused by use
     of bombs, missiles, shellfire, nuclear, radiological, chemical
     or biological means, or other weapons or overt paramilitary
     actions, or other conditions such as sabotage.
     (May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.; July 13,
     2004, P.L.689, No.73, eff. 60 days)

        2004 Amendment.  Act 73 added the def. of "custodial child
     care facility."
        1996 Amendment.  Act 2, 2nd Sp.Sess., added the def. of
     "person."
        Cross References.  Section 7102 is referred to in section
     2302 of Title 12 (Commerce and Trade).