Large data centers would share safety plans with local emergency responders

Owners or operators would give local fire officials a safety floor plan and a general list of facility hazards. This covers Pennsylvania facilities used mainly to process, store, retrieve, or transmit data that have peak demand of at least 25 megawatts. The applicant must give the building official written proof that the local fire official received both documents. The building official may issue an occupancy certificate only after the applicant shows compliance with these requirements and the Pennsylvania Construction Code Act. Both documents must be submitted before the occupancy certificate is issued.

Operators would submit an updated hazard inventory or a statement that no material changes occurred, and update the safety floor plan after certain major changes. These duties apply to operators of the covered facilities. A significant change includes a power increase exceeding 20%, or a change in battery chemistry or cooling agents. The annual inventory or no-change statement is due by March 1 each year after the occupancy certificate is issued. A floor plan update is due within 30 days after a qualifying facility change.

Municipal building officials would enforce the reporting rules and could order corrections, impose civil penalties, or suspend or revoke an occupancy certificate. The enforcement rules apply to owners and operators of covered facilities. An order must give the owner or operator no more than 30 days to correct a violation. Civil penalties apply if the violation remains uncorrected after the period set in the order. The first penalty may be up to $10,000, with up to $5,000 for each continuing day after that penalty is assessed. A certificate may be suspended or revoked only for willful or persistent refusal to follow the reporting rules, under procedures in the Pennsylvania Construction Code Act. The municipality keeps collected penalties to help cover code enforcement and fire protection costs. The correction period may not exceed 30 days. Daily penalties may apply after the initial penalty is assessed while the violation continues.

Officials would limit access to submitted safety information, and the information would be exempt from public disclosure when release would likely threaten safety or physical security. These rules cover the floor plans, inventories, and other information submitted under the act. The public-records exemption applies only to the extent that disclosure would be reasonably likely to jeopardize the facility’s or critical infrastructure’s safety or physical security. Access is limited to building officials for permits, local fire officials and emergency responders for planning and response, and law enforcement officials with jurisdiction.