NOTICE OF CONSIDERATION OF PROPOSED COUNTY ORDINANCE NOTICE is hereby given that the following ordinance has been proposed for adoption by the Board of Commissioners of the County of Westmoreland at a regularly scheduled public meeting to be held on January 16, 2025 at 10:00 A.M. in the Westmoreland County Courthouse, 2 North Main Street, Greensburg, Pennsylvania. ORDINANCE NO. FORD-1-2025 ADOPTION OF ORDINANCE NO. #ORD-1-2025, REQUIRING AN ANNUAL LICENSE FEE FOR COMMERCIAL WEIGHING, MEASURING, TIMING AND SCANNING DEVICES; SETTING FORTH DEFINITIONS; ESTABLISHING THE REQUIREMENTS FOR OBTAINING A LICENSE; SETTING FORTH PENALTIES FOR VIOLATION THEREOF; AND ESTABLISHING THE EFFECTIVE DATE OF THE ORDINANCE IT IS HEREBY ORDAINED AND ENACTED, by the Board of Commissioners of the County of Westmoreland, as provided by The Act of May 8, 2024, P.L. 50, No. 14, §4 (16 Pa.C.S.A. § 12509). WHEREAS, the County of Westmoreland and the Commonwealth of Pennsylvania, Department of Agriculture have entered into a Memorandum of Understanding pursuant to the Consolidated Weights and Measures Act (3 Pa. C.S.A. § 4104, et seq.); and WHEREAS, the Memorandum provides for the delegation of powers and duties from the Commonwealth to the County for various inspection responsibilities; and WHEREAS, the County has determined that an annual license fee for each commercial weighing, measuring, timing or scanning device subject to the jurisdiction of the County Department of Weights and Measures is necessary. NOW, THEREFORE, it is hereby ENACTED and ORDAINED by the Board of Commissioners of the County of Westmoreland, Pennsylvania, as follows: SECTION 1. DEFINITIONS. Annual Device License - All devices as defined in this ordinance used in commercial applications are required to be licensed with the County Department of Weights and Measures. Fees for all Annual Licenses are paid to the County Department of Weights and Measures. (See Section 3) Department- Department of Weights and Measures of the County of Westmoreland, Pennsylvania. Fuel Dispenser - A device designed for the measurement and delivery of gasoline, diesel or kerosene fuel. Inspection - All devices as defined in this ordinance used in commercial applications may be inspected by the County Department of Weights and Measures or the Pennsylvania State Department of Agriculture, Bureau of Weights and Measures during the calendar year. An inspection includes one (1) re-inspection at no charge, if the device passes the re-inspection. If a device fails a re-inspection, the license for that device is revoked and the owner is then operating an unlicensed device. The device will be Red-Tagged and placed out of service. A fee of $100 per device must be paid before the device can be inspected and placed back into service. Exception: PLU/Scanning Devices must pass two (2) consecutive re-inspections as required by law. If both re-inspections are passed, there will be no charges for those re-inspections. Jewelers' Scale-A scale adapted to weighing gems and precious metals. A jewelers' scale is also subject to a Precious Metals License. This license is issued by the County Sheriff's department only after a jewelers' scale has been inspected and approved by the County Weights and Measures Department. Load Racks -The shelter and associated equipment for the withdrawal of liquid petroleum or a chemical product from a storage tank and loading it into a railroad tank car or tank truck. Person-A corporation, partnership, limited liability company, business trust, other association, government entity (other than the Federal or Commonwealth), estate, trust, foundation or natural person. PLU/Scanning Device-Price look-up device-A device that can access a database price file or retail price retrieval system. The term includes bar code beam or contact scanners, Optical Character Recognition (OCR) scanners or readers, magnetic scanners or readers, alpha or numeric keyboards, or both, voice response systems and computer based retail price retrieval systems and includes hardware, software and supporting computer systems. Red Rejection Sticker - This sticker is affixed to a device in need of repair or calibration. The device can continue to be used but repair or calibration must be mode within the time designated on the sticker by the Department. Red-Tagged - A device that has a red tag and lead seal affixed to it dedaring it out of service. Scale-Any retail weighing device. State Inspection-Vehicle Tank meters, fast flow diesel, scales over 1000 lbs. and load racks are devices where an inspection by The State Department of Agriculture, Bureau of Weights and Measures is necessary. Timing Device - A device used to measure the time during which a particular paid-for service is dispensed. Examples of timing devices are laundry driers, car-wash timers, air machines and vacuums. Weights and Measures-Weights and measures of every kind, instruments and devices for weighing and measuring and any appliances and accessories associated with any or all such instruments or devices, unless specifically excluded under the definitions of "weights and measures contained in the Consolidated Weights and Measures Act, 3 Pa. C.S.A. § 4102. Vehicle Tank Meter-Mounted-on vehide tanks including those used for the measurement and delivery of domestic petroleum products. SECTION 2. LICENSE REQUIRED No person shall operate or maintain a weighing, measuring, timing or scanning device for commercial purposes, including but not limited to fuel dispenser, vehicle tank meter, scale or PLU device, unless such person has obtained an annual license for such device from the Department. Nonpayment of annual device licensing fee will result in the device being Red-Tagged out of service and a monetary penalty. (See Section 4) Exception: All Commonwealth and Federal Government facilities, including Post Offices, are exempt from the license requirement and any required inspections. SECTION 3. REQUIREMENTS. Required: An Annual Device License and all fees associated with that license paid for the calendar year in the year the device was placed into service or used at any time during the calendar year. The Department will invoice annually. Except where noted, the Department shall issue an Annual Device License upon the following conditions beginning January 16, 2025: (A) Application - The applicant is required to submit an application to the Department when the device is placed into service and furnish such information relative to the application for an annual device license as the Department may from time to time require, and (B) Fee Schedule - The applicant pays the following, non-refundable, annual license fee for each weighing, measuring, timing or scanning device and will submit to the inspection as required: (1) Fuel Dispensers 1.$57.00 per dispenser (single blend or multiple blends) (2) Vehide Tank Meters (State Inspections) 1. $62.00 per meter on domestic fuel oil trucks (3) Scales: used in commercial trade 1.0 to 1,000 lbs.: $37.00 per device 2. Over 1,000 lbs: $92.00 per device (State Inspections) (4) PLU device/sconners 1. $27.00 per device (5) Timing Devices 1. $17.00 per device with a maximum charge of $100.00 (6) Lood Rocks (State Inspections) 1. $62.00 per device (C) Inspection - The device(s) may be inspected and tested for correctness and approved by the Department during the inspection period required by the Pennsylvania State Department of Agriculture, Department of Weights and Measures. (D)Sealing of Mechanisms - Devices designed to accept a lead seal or pressure sensitive seal bearing the logo "WCO" will be sealed by the Department. If a lead seal is cut or a pressure sensitive seal is damaged for any purpose, a certified calibrator must send appropriate paperwork to the State Department of Weights and Measures documenting that the seal had been out or removed. Failure to do so will result in penalties and fines as outlined in Section 4. No inspection of device(s) will occur until penalties and fines have been paid. (E)Audit Trail of Mechanisms - Devices designed or equipped to accept audit trail will be monitored by the Department. If an audit trail calibration or configuration number is inconsistent with Department records, a certified calibrator must send appropriate paperwork to the State Department of Weights and Measures documenting calibration of the device. Failure to do so will result in penalties and fines as outlined in Section 4. No inspection of device(s) will occur until penalties and fines have been paid. And, (F) Device Approval/Rejection Designations-Once a device has passed inspection by the Department, a numbered seal will be affixed to the device indicating the Department's approval of the device. If a device does not pass inspection a red rejection sticker will be affixed to the device and it must remain intact and visible to the consumer until a re-inspection is made by the Department and a numbered seal indicating that the device has been approved by the Department is placed on the device. Removal of any sticker or numbered seal by any party other than the Department is not permitted. Penalties and fines for removal of stickers by any party other than the Department is subject to penalties and fines as described in Section 4. No inspection of device(s) will occur until penalties and fines have been paid. SECTION 4. PENALTIES. Any person who does not pay licensing or any other fees within 30 days after invoice shall be assessed a penalty of One Hundred Dollars ($100.00) and court costs per violation. In addition, any person violating any provision of this Ordinance shall, upon conviction thereof at a summary proceeding, be sentenced to pay a fine of One Hundred Dollars ($100.00) per violation to be paid to the use of the County, with costs of prosecution, or to be imprisoned in the County Correctional Facility for not more than ten (10) days, or both. SECTION 5. CONSTITUTIONALITY In the event that any provision of this Ordinance shall be declared unconstitutional or otherwise invalid by any court or other forum of appropriate jurisdiction, the remainder of this Ordinance shall remain in effect. SECTION 6. RULES AND REGULATIONS. The Department of Weights and Measures shall, from time to time, establish rules and regulations for the implementation of this Ordinance. SECTION 7. REPEALER All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. SECTION 8. EFFECTIVE DATE. This Ordinance shall become effective immediately. DULY ENACTED AND ORDAINED at a public meeting of the Board of County Commissioners of the County of Westmoreland, Pennsylvania, held on the 16th day of January, 2025. Copies of the proposed ordinance may be examined in the County Commissioners' Office or the Law Library (Room 202) at the Westmoreland County Courthouse, 2 North Main Street, Greensburg, Pennsylvania. Vera Spina, Chief Clerk NOTICE OF CONSIDERATION OF PROPOSED COUNTY ORDINANCE NOTICE is hereby given that the following ordinance has been proposed for adoption by the Board of Commissioners of the County of Westmoreland at a regularly scheduled public meeting to be held on January 16 , 2025 at 10:00 A.M. in the Westmoreland County Courthouse , 2 North Main Street , Greensburg , Pennsylvania . ORDINANCE NO . FORD - 1-2025 ADOPTION OF ORDINANCE NO . # ORD - 1-2025 , REQUIRING AN ANNUAL LICENSE FEE FOR COMMERCIAL WEIGHING , MEASURING , TIMING AND SCANNING DEVICES ; SETTING FORTH DEFINITIONS ; ESTABLISHING THE REQUIREMENTS FOR OBTAINING A LICENSE ; SETTING FORTH PENALTIES FOR VIOLATION THEREOF ; AND ESTABLISHING THE EFFECTIVE DATE OF THE ORDINANCE IT IS HEREBY ORDAINED AND ENACTED , by the Board of Commissioners of the County of Westmoreland , as provided by The Act of May 8 , 2024 , P.L. 50 , No. 14 , §4 ( 16 Pa.C.S.A. § 12509 ) . WHEREAS , the County of Westmoreland and the Commonwealth of Pennsylvania , Department of Agriculture have entered into a Memorandum of Understanding pursuant to the Consolidated Weights and Measures Act ( 3 Pa . C.S.A. § 4104 , et seq . ) ; and WHEREAS , the Memorandum provides for the delegation of powers and duties from the Commonwealth to the County for various inspection responsibilities ; and WHEREAS , the County has determined that an annual license fee for each commercial weighing , measuring , timing or scanning device subject to the jurisdiction of the County Department of Weights and Measures is necessary . NOW , THEREFORE , it is hereby ENACTED and ORDAINED by the Board of Commissioners of the County of Westmoreland , Pennsylvania , as follows : SECTION 1. DEFINITIONS . Annual Device License - All devices as defined in this ordinance used in commercial applications are required to be licensed with the County Department of Weights and Measures . Fees for all Annual Licenses are paid to the County Department of Weights and Measures . ( See Section 3 ) Department- Department of Weights and Measures of the County of Westmoreland , Pennsylvania . Fuel Dispenser - A device designed for the measurement and delivery of gasoline , diesel or kerosene fuel . Inspection - All devices as defined in this ordinance used in commercial applications may be inspected by the County Department of Weights and Measures or the Pennsylvania State Department of Agriculture , Bureau of Weights and Measures during the calendar year . An inspection includes one ( 1 ) re - inspection at no charge , if the device passes the re - inspection . If a device fails a re - inspection , the license for that device is revoked and the owner is then operating an unlicensed device . The device will be Red - Tagged and placed out of service . A fee of $ 100 per device must be paid before the device can be inspected and placed back into service . Exception : PLU / Scanning Devices must pass two ( 2 ) consecutive re - inspections as required by law . If both re - inspections are passed , there will be no charges for those re - inspections . Jewelers ' Scale - A scale adapted to weighing gems and precious metals . A jewelers ' scale is also subject to a Precious Metals License . This license is issued by the County Sheriff's department only after a jewelers ' scale has been inspected and approved by the County Weights and Measures Department . Load Racks -The shelter and associated equipment for the withdrawal of liquid petroleum or a chemical product from a storage tank and loading it into a railroad tank car or tank truck . Person - A corporation , partnership , limited liability company , business trust , other association , government entity ( other than the Federal or Commonwealth ) , estate , trust , foundation or natural person . PLU / Scanning Device - Price look - up device - A device that can access a database price file or retail price retrieval system . The term includes bar code beam or contact scanners , Optical Character Recognition ( OCR ) scanners or readers , magnetic scanners or readers , alpha or numeric keyboards , or both , voice response systems and computer based retail price retrieval systems and includes hardware , software and supporting computer systems . Red Rejection Sticker - This sticker is affixed to a device in need of repair or calibration . The device can continue to be used but repair or calibration must be mode within the time designated on the sticker by the Department . Red - Tagged - A device that has a red tag and lead seal affixed to it dedaring it out of service . Scale - Any retail weighing device . State Inspection - Vehicle Tank meters , fast flow diesel , scales over 1000 lbs . and load racks are devices where an inspection by The State Department of Agriculture , Bureau of Weights and Measures is necessary . Timing Device - A device used to measure the time during which a particular paid - for service is dispensed . Examples of timing devices are laundry driers , car - wash timers , air machines and vacuums . Weights and Measures - Weights and measures of every kind , instruments and devices for weighing and measuring and any appliances and accessories associated with any or all such instruments or devices , unless specifically excluded under the definitions of " weights and measures contained in the Consolidated Weights and Measures Act , 3 Pa . C.S.A. § 4102 . Vehicle Tank Meter - Mounted - on vehide tanks including those used for the measurement and delivery of domestic petroleum products . SECTION 2. LICENSE REQUIRED No person shall operate or maintain a weighing , measuring , timing or scanning device for commercial purposes , including but not limited to fuel dispenser , vehicle tank meter , scale or PLU device , unless such person has obtained an annual license for such device from the Department . Nonpayment of annual device licensing fee will result in the device being Red - Tagged out of service and a monetary penalty . ( See Section 4 ) Exception : All Commonwealth and Federal Government facilities , including Post Offices , are exempt from the license requirement and any required inspections . SECTION 3. REQUIREMENTS . Required : An Annual Device License and all fees associated with that license paid for the calendar year in the year the device was placed into service or used at any time during the calendar year . The Department will invoice annually . Except where noted , the Department shall issue an Annual Device License upon the following conditions beginning January 16 , 2025 : ( A ) Application - The applicant is required to submit an application to the Department when the device is placed into service and furnish such information relative to the application for an annual device license as the Department may from time to time require , and ( B ) Fee Schedule - The applicant pays the following , non - refundable , annual license fee for each weighing , measuring , timing or scanning device and will submit to the inspection as required : ( 1 ) Fuel Dispensers 1. $ 57.00 per dispenser ( single blend or multiple blends ) ( 2 ) Vehide Tank Meters ( State Inspections ) 1. $ 62.00 per meter on domestic fuel oil trucks ( 3 ) Scales : used in commercial trade 1.0 to 1,000 lbs .: $ 37.00 per device 2. Over 1,000 lbs : $ 92.00 per device ( State Inspections ) ( 4 ) PLU device / sconners 1. $ 27.00 per device ( 5 ) Timing Devices 1. $ 17.00 per device with a maximum charge of $ 100.00 ( 6 ) Lood Rocks ( State Inspections ) 1. $ 62.00 per device ( C ) Inspection - The device ( s ) may be inspected and tested for correctness and approved by the Department during the inspection period required by the Pennsylvania State Department of Agriculture , Department of Weights and Measures . ( D ) Sealing of Mechanisms - Devices designed to accept a lead seal or pressure sensitive seal bearing the logo " WCO " will be sealed by the Department . If a lead seal is cut or a pressure sensitive seal is damaged for any purpose , a certified calibrator must send appropriate paperwork to the State Department of Weights and Measures documenting that the seal had been out or removed . Failure to do so will result in penalties and fines as outlined in Section 4. No inspection of device ( s ) will occur until penalties and fines have been paid . ( E ) Audit Trail of Mechanisms - Devices designed or equipped to accept audit trail will be monitored by the Department . If an audit trail calibration or configuration number is inconsistent with Department records , a certified calibrator must send appropriate paperwork to the State Department of Weights and Measures documenting calibration of the device . Failure to do so will result in penalties and fines as outlined in Section 4. No inspection of device ( s ) will occur until penalties and fines have been paid . And , ( F ) Device Approval / Rejection Designations - Once a device has passed inspection by the Department , a numbered seal will be affixed to the device indicating the Department's approval of the device . If a device does not pass inspection a red rejection sticker will be affixed to the device and it must remain intact and visible to the consumer until a re - inspection is made by the Department and a numbered seal indicating that the device has been approved by the Department is placed on the device . Removal of any sticker or numbered seal by any party other than the Department is not permitted . Penalties and fines for removal of stickers by any party other than the Department is subject to penalties and fines as described in Section 4. No inspection of device ( s ) will occur until penalties and fines have been paid . SECTION 4. PENALTIES . Any person who does not pay licensing or any other fees within 30 days after invoice shall be assessed a penalty of One Hundred Dollars ( $ 100.00 ) and court costs per violation . In addition , any person violating any provision of this Ordinance shall , upon conviction thereof at a summary proceeding , be sentenced to pay a fine of One Hundred Dollars ( $ 100.00 ) per violation to be paid to the use of the County , with costs of prosecution , or to be imprisoned in the County Correctional Facility for not more than ten ( 10 ) days , or both . SECTION 5. CONSTITUTIONALITY In the event that any provision of this Ordinance shall be declared unconstitutional or otherwise invalid by any court or other forum of appropriate jurisdiction , the remainder of this Ordinance shall remain in effect . SECTION 6. RULES AND REGULATIONS . The Department of Weights and Measures shall , from time to time , establish rules and regulations for the implementation of this Ordinance . SECTION 7. REPEALER All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed . SECTION 8. EFFECTIVE DATE . This Ordinance shall become effective immediately . DULY ENACTED AND ORDAINED at a public meeting of the Board of County Commissioners of the County of Westmoreland , Pennsylvania , held on the 16th day of January , 2025 . Copies of the proposed ordinance may be examined in the County Commissioners ' Office or the Law Library ( Room 202 ) at the Westmoreland County Courthouse , 2 North Main Street , Greensburg , Pennsylvania . Vera Spina , Chief Clerk