Pennsylvania Administrative Code

§ 405.8. Physical examination qualifications. The physical qualifications for a pilot or apprentice are as follows: (1) Visual acuity of 20/30 in one eye and 20/80 in the other—correctable to 20/20 and 20/30, respectively—and normal color perception. (2) Hearing acuity to the ext…

§ 405.9. Apprentices. (a) Apprentice qualifications. An applicant for an apprenticeship as a pilot shall: (1) Be of good moral character. The Commission may use any of the following methods to determine moral character: (i) Letters of reference. (ii) Questions regarding the crimi…

GENERAL PROVISIONS § 407.1. Definitions. The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise. Agent—An individual, corporation or other entity contracting to man, victual, navigate or operate a vesse…

NAVIGATION REGULATIONS § 407.11. Sunken vessels. (a) It shall be the duty of the Chairperson of the Commission, immediately upon information of the sinking of a vessel in the channelway of the tidewaters of the River or in any of the docks thereof or in any location as to present…

§ 407.12. Removal of vessels. If the Commission directs the removal of any vessel obstructing commerce or navigation in the River and if the vessel is not promptly moved as directed, it may cause the vessel to be moved at the expense of the master or owners thereof, and, if such …

§ 407.13. Casting refuse. If any person casts, places or leaves in position where the same may be washed or drifted into the tideway of the River, any ballast, cinders, ashes, dirt, refuse or any heavy article whatever, he, for every offense, shall forfeit and pay a sum not excee…

§ 407.14. Speed of vessels. Every master, officer or other person, having charge of a vessel navigating the River who operates a vessel at such speed as to risk harm to persons or property shall forfeit and pay a sum not exceeding $50 for the first offense and not less than $75 n…

§ 407.2. Authority. (a) Section 4 of the act of July 9, 1976 (P. L. 980, No. 197) (71 P. S. § 670.2) authorizes the Commission to promulgate rules and regulations necessary for the proper navigation of the River. (b) Section 1 of the act of May 9, 1913 (P. L. 185, No. 126) (55 P.…

§ 407.3. Regulation enforcement. It will be the duty of the Chairperson of the Commission to take the necessary action to enforce this chapter, and, if a person refuses or neglects to comply with the directions of the Chairperson of the Commission in matters within the jurisdicti…

WHARFAGE § 409.11. Wharfage rates. (a) The Commission, after a hearing of the parties in interest, is authorized to regulate the services and to fix the maximum rates for wharfage, cranage and dockage. (b) For the purposes of this section, the Commissioners will not have jurisdic…

§ 409.12. Apportionment of wharfage. (a) In all cases when the owners of adjoining wharves, docks, landings or riverfronts, or any parts thereof, upon the River and not situated in cities of the first class, shall disagree as to the proper apportionment of the wharfage or dockage…

§ 409.13. Dock maintenance. (a) Whenever the owners or lessees of any wharf, pier, or bulkhead shall fail to keep and maintain the adjoining docks cleaned and free from obstruction, it will be lawful for the Chairperson of the Commission, upon default for 30 days after the servic…

§ 409.14. Obstructing docks. (a) When fasts or lines of vessels extend across a dock so as to obstruct passing vessels, the captain or person in charge shall, when so ordered by the Commission, cause the fasts or lines to be slackened or cast off. Such fasts or lines shall be mar…

§ 409.15. Vessels increasing width. Vessels that increase their width by using ballast-logs, pontoons or other devices of like nature must move such equipment within 4 hours notice to accommodate other vessels when so ordered by the Commission and shall pay the expense of moving …

§ 409.16. Accommodation of vessels loading and discharging cargo. (a) The master or captain of a vessel lying alongside any wharf or pier loading or discharging cargo and encroaching further on the waterway by working cargo or bunkers to or from floating equipment from the offsho…

§ 409.2. Authority. Section 4 of the act of June 8, 1907 (P. L. 496, No. 322) (55 P. S. § 391) authorizes the Commissioners to make rules for regulating, stationing and anchoring ships, vessels and boats in the River and its navigable tributaries, at the wharves, piers, or bulkhe…

§ 409.3. Regulation enforcement. It will be the duty of the Chairperson to take the necessary action to enforce this chapter, and, if any person shall refuse or neglect to comply with the directions of the Chairperson in matters within the jurisdiction of his office or shall know…

GENERAL § 41.1. Definitions. The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise: Bureau—The Bureau of Buildings and Grounds of the Department. Department—The Department of General Services of the C…

FUNCTIONS OF THE DIVISION § 41.11. General procedure. (a) Upon receipt of an Office of Administration Form 551, Surplus State Property Report, the Division shall perform the following: (1) Schedule items reported as surplus for inspection and verification. (2) Determine the dispo…

§ 41.12. Inspection of surplus property. (a) The Division shall, insofar as practical, inspect all materials declared as surplus within this Commonwealth prior to acceptance and further disposition of the material. (b) Inspection should include, but not necessarily be limited to,…

§ 41.13. Responsibility for surplus property. (a) The Division shall be responsible for surplus State property scheduled for movement to the warehouse in the city of Harrisburg from the time it is receipted and picked up at the point of origin, until it is transferred or sold. (b…

§ 41.14. Receipting surplus property. (a) Surplus State property agents shall receipt surplus property scheduled for movement to the warehouse in the city of Harrisburg by affixing the date and their signature to the tear-off receipt stub of the Office of Administration Form 552,…

§ 41.15. Receiving and classification. (a) The receiving phase of a surplus property transaction shall relate to the physical arrival of the property at the warehouse. (b) Within a reasonable period of time after the surplus property has been unloaded from the transporting vehicl…

§ 41.16. Inventory of surplus property. (a) An inventory shall be maintained of surplus State property located in the warehouse. (b) Inventory balances shall be verified annually on schedules established by the Chief of the Division.

§ 41.17. Review of surplus property. Surplus State property may not be sold until it has been reviewed by interested Commonwealth agencies in accordance with Chapter 43 (relating to transfer of surplus State property).

§ 41.2. Purpose. This subpart establishes procedures, defines responsibilities, and provides specific guidance for the reporting, release, receipt, storage and transfer or sale of surplus State property.

SCREENING OF SURPLUS PROPERTY BY THE BUREAU § 41.21. Priority over surplus property. (a) The Bureau shall be offered equipment and building materials which may be of value in the maintenance and repair of Commonwealth-owned buildings, prior to being released for transfer or sale.…

§ 41.22. Transfer to Bureau. Equipment and materials selected for transfer to the Bureau shall be processed in accordance with Chapter 43 (relating to transfer of surplus State property).

§ 41.3. Scope. (a) This subpart is specifically directed to employes of the Division, but this subpart also applies to persons involved in the control and accountability of Commonwealth property. (b) This subpart applies to surplus State property transactions, regardless of their…

§ 41.4. Filing of names. (a) Names of persons authorized to accept and direct transfer of surplus State property shall be filed with the Division. (b) Program directors are responsible for delegation of this responsibility and authority.

§ 41.5. Reporting of surplus property. (a) Surplus State property generated within the departments, boards or commissions throughout this Commonwealth shall be reported to the Division on Office of Administration Form 551, Surplus State Property Reports. The releasing official or…

§ 41.6. Changes to established procedures. Recommended changes to this subpart, including supporting reasons for the changes, shall be forwarded through proper administrative channels to the Division of the Department.

§ 41.7. Supply of forms. (a) Office of Administration Forms prescribed in this subpart shall be available from the Warehouse Division, Bureau of Management Services, Department of General Services, Post Office Box 1365, Harrisburg, Pennsylvania 17125. (b) Other forms shall be pro…

§ 43.1. Inspection by interested Commonwealth agencies. (a) Surplus State property generated or accumulated in the city of Harrisburg shall be held at the warehouse for review by interested Commonwealth agencies for a period of time not to exceed 5 working days. Property which ha…

§ 43.2. Handling and transportation of selected property. (a) The receiving agency shall be responsible for the handling and transportation of property selected for transfer. (b) The Division warehouse employes shall assist in the transfer whenever possible or practical. (c) Reci…

§ 43.3. Procedure for transfer of surplus property. (a) Upon items being selected for transfer, the warehouse section shall proceed in the following manner: (1) Mark the item selected for transfer with a Shipping Tag, Manila, 5 1/2 inches by 2 5/8 inches, Size 16, Commodity Code …

GENERAL PROVISIONS § 45.1. Authority to sell surplus or unserviceable property. The Department is authorized to sell, either at public auction or private sale, those items of surplus or unserviceable furniture and equipment which are no longer of use to a department, board or com…

PRIVATE SALES § 45.11. General requirements. (a) Private sales of surplus State property shall be accomplished by securing competitive bids, by negotiation or by a predetermined fixed price. The office section of the Division shall have the sole responsibility for the administrat…

§ 45.12. General procedures for sales. Upon the sale of items of surplus State property, the warehouse or field section employes shall proceed in the following manner: (1) Mark the items that have been sold with a Shipping Tag, Manila, 5 1/2 inches by 2 5/8 inches, Size 16, Commo…

§ 45.13. Procedures for sales at the warehouse. Upon the sale of items of surplus State property at the warehouse, a warehouse employe shall proceed in the following manner: (1) Affix Surplus State Property Identification Tags, Office of Administration Form 552, to Copy No. 1 of …

§ 45.14. Procedures for sales in the field. Upon the sale of items of surplus State property in the field, a field section employe shall proceed in the following manner: (1)(i) Affix Surplus State Property Identification Tags, Office of Administration Form 552, to Copy No. 1 of t…

§ 45.15. Procedures for competitive bid sales. (a) Competitive bid sales shall be accomplished in accord with established Departmental procedures. (b) Invitation—Bid Proposal for surplus State Property, and attachments thereto, shall be assigned a control/sale number to facilitat…

§ 45.16. Advertisement. (a) Sales of surplus State property shall, if the Department deems it feasible in view of the value of the property involved, be advertised in not exceeding five newspapers of the Commonwealth, once a week for 3 weeks. (b) Advertisements shall include, but…

§ 45.2. Division to conduct sales. (a) Sales of surplus State property, regardless of property location, shall be conducted by employes of the Division and in accordance with this chapter and the best interests of the Commonwealth. (b) The Division shall determine the type of sal…

PUBLIC AUCTION SALES § 45.21. General requirements. (a) Public auction sales shall be conducted at the discretion of the Chief of the Division with the approval of the Department. (b) Auction sales shall normally be conducted for large volumes of surplus property, but may be used…

§ 45.22. Types of auctions. (a) Auctions may be conducted by the Division, except that a professional licensed auctioneer shall be utilized to effect the actual sale of the item. Other functions of the sale shall be the direct responsibility of the Division. (b) Auctions may be c…

§ 45.23. Auctioneers. (a) Professional licensed auctioneers shall be utilized for all public auction sales. (b) Employment contracts with auctioneers shall be completed in detail, be limited to specific sales and be approved by the Department or other authority as directed. (c) L…

§ 45.24. Procedures for Division employes. Upon the sale of items of surplus State property at public auction, conducted by the Division, an employe of the Division or the auctioneer shall proceed in the following manner: (1) Mark the items with a shipping tag, preprinted, fill-i…

§ 45.25. Procedure for auction cashiers. Upon the sale of items of surplus State property at public auction, the auction cashier shall proceed in the following manner: (1) Accept and receipt payment of purchase by stamping or writing ‘‘Payment Received’’ on all copies of the Prop…

§ 45.26. Procedure for office section. Upon the sale of items of surplus State property at public auction, the office section shall proceed in the following manner: (1) Accept and receipt payment of purchases. Stamp ‘‘Payment Received’’ on all copies of the Property Transfer/Sale…